HomeMy WebLinkAboutR-1992-D6229 Interurban Lines / Street Car•
RESOLUTION NO D 6229
A RESOLUTION authorizingand directing the City Manager and City Clerk
of the City of Yakima to execute a lease and operating
.agreement with Yakima Interurban Lines Association,
Inc for electric railway street car operation for 1993
WHEREAS, the City owns an electric railway system, donated to the
City of Yakima by the Yakima Valley Transportation Company, over which
system the Yakima Interurban Lines Association has for many years
operated railroad street cars by agreement with the City, and
WHEREAS, Yakima Interurban Lines Association, Inc desires to
continue the street car operation for the year 1993 as provided by the
attached agreement document, and
WHEREAS, the City Council deems it to be in the best interest of the
City that the attached agreement be executed, accordingly, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached agreement with Yakima
Valley Interurban Lines Association, Inc for 1993 subject to Yakima
Valley Interurban Lines Association, Inc presenting to the City Manager
proof of adequate insurance coverage in conformance with the terms of
the "Electric Railway Lease, Operating and Indemnification Agreement"
which is attached hereto and by reference made a part hereof
ADOPTED BY THE CITY COUNCIL this1�''4day of -,1993
Mayor
ATTEST
City Clerk
ELECTRIC RAILWAY LEASE, OPERATING, AND INDEMNIFICATION AGREEMENT
--
THIS LEASE AGREEMENT, executed this I --May of TAF cIty ,
1993, by and between the City of Yakima, hereinafter called the
City, and Yakima Interurban Lines Association. Inc., hereinafter
called YILA:
WITNESSETH:
WHEREAS, the City owns an electric railway system, with some
tracks outside and some tracks inside the Yakima City boundary,
consisting primarily of properties of the former Yakima Valley
Transportation Company, as those properties were transferred and
conveyed to the City by virtue of a "Bill of Donation", a "Donation
Quitclaim Deed", and also by a "YVT Blanket Assignment of Third
Party Agreements to City of Yakima", and
WHEREAS, the City desires to operate a portion of such electric
railroad system which portion is depicted on the map (EXHIBIT A),
and
WHEREAS, for the purpose of current storage of railroad
equipment, the City occupies real property owned by Yakima Valley
Transportation Company consisting of premises depicted on the
attached map (EXHIBIT B) leased to the Yakima Interurban Lines
Association, and
WHEREAS, the City owns one electric railway trolley car and
exercises the management and control over another trolley car, owned
by Yakima County, by virtue of an agreement between the City and
Yakima County dated January 29, 1974, which trolley cars have been
operated on such electric railroad system for a number of years as a
tourist promotion by agreement currently between the YILA and the
City of Yakima, and
WHEREAS, inasmuch as Yakima Valley Transportation Company
transferred its operation of that railroad system and conveyed it to
the City, as recited above, the YILA desires to continue the
operation of the electric railway cars on that portion of such
railroad system depicted on EXHIBIT A and to promote the trolley car
rides as a tourist promotion activity for the benefit of the general
public of the City and its environs; and the City recognizes that
the general public will benefit from the continued operation of the
trolley cars, and therefore the City is willing to allow YILA to
operate the trolley cars on that railroad system depicted on EXHIBIT
A as provided by this agreement, now, therefore,
1
In consideration of the premises, and the promises of the
parties hereto; and in further consideration of the benefit to inure
to the general public of the City of Yakima and its environs by the
continued operation of the trolley cars as provided by this
agreement, the parties mutually agree as follows:
1. Delivery of Property to YILA
A. (1) Delivery of Electric Railroad System. The City hereby
leases and delivers possession to YILA of all property owned by the
City constituting the electric railroad system including, but not
limited to, the trolley cars, all equipment acquired from Yakima
Valley Transportation Company listed on the Bill of Donation, and
the track, catenary, appurtenances, and the real property of the
existing system both inside and outside the City boundary as
depicted on the attached map and legal description (EXHIBIT A) which
is incorporated herein.
(2) Licenses, Permits, Etc. Included in the delivery to
YILA is the right and responsibility for the administration of
pipeline crossing licenses, property use permits, subleases, and
similar agreements relating to the use of the property by third
parties; and YILA is hereby assigned the right to collect and retain
as revenue to YILA all fees provided by such licenses, permits,
leases and similar agreements.
B. Use of Car Barn. The City does hereby grant to YILA the use
of the car barn owned by the City on land owned by Yakima Valley
Transportation Company referred to on the attached map (EXHIBIT B)
which is incorporated herein.
2. YILA Acceptance of Delivery
A. Acceptance of Delivery. YILA shall possess the property
referred to in Paragraph 1 hereinabove. YILA shall inventory and
maintain yearly, by identifying and make a written list of all
equipment, real property, trolleys, barns, and all other property
related to the maintenance and operation of the trolley cars and the
electric railroad system.
3. Electric Railway System Operation - Use Restricted
A. System Operation. YILA shall operate the electric railway
trolley cars and trolley system, and further shall administer the
railroad system and its related equipment and properties, all
without cost to or liability on the part of the City; and YILA shall
perform and otherwise be responsible for obligations related to the
possession and use of that railroad system, its equipment and
related properties which would otherwise be obligations of the City
in the absence of this agreement.
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B. Use Restriction. The use to be made by YILA of the railroad
system and related properties and equipment shall be limited to the
operation of the electric railway trolley cars for the transporting
of passengers, only, as a tourist attraction and promotional
activity; and to activities necessarily related to that operation or
otherwise required to perform obligations under this agreement. The
use of YILA of the trolleys, tracks or related property or equipment
for any other purpose shall constitute grounds for the immediate
termination of this agreement by the City.
4. Maintenance
A. Maintenance of Equipment. YILA shall maintain in good repair
the trolley cars and the properties and equipment constituting the
system to be operated by YILA, all without cost to or liability on
the part of the City.
B. Track Maintenance. Tracks which are located on the portion
of any City street right-of-way shall be maintained so that the tops
of the rails thereof shall be level with the surface of the streets
on which such tracks are located; provided, YILA shall not be
required to superelevate or depress one rail of any track or
otherwise to change the crosslevel of any track or tracks contrary
to standard railroad engineering practices. YILA shall maintain the
surface of the streets between the rails of the tracks and for a
distance of eighteen (18) inches on the outside of each rail in a
manner satisfactory to the City's Director of Public Works.
5. Personnel
YILA shall provide all personnel for the operation and
maintenance of the trolley cars, property and the trolley system
business, all without cost, or liability on the part of, the City.
6. Newly Acquired Equipment
Any equipment acquired by YILA for use in the trolley operation
contemplated by this agreement shall remain the property of YILA
unless the equipment is attached to or incorporated in property
owned by the City so that its removal would result in substantial or
irreparable damage to City property, in which event that equipment
acquired by YILA shall become City property without payment or other
consideration by the City to YILA.
7. YILA as Independent Contractor
It is the intention of the parties that YILA shall manage and
operate an electric railway trolley car business, and maintain the
equipment and properties, as an independent contractor and not as an
agent of the City. YILA shall have the authority to set the amount
of fares and to retain all earned income and donations derived from
the trolley business. No officer, employee or agent of YILA shall be
3
deemed to be an agent or representative of the City in connection
with the trolley operation. In promoting or operating the electric
railway trolleys, YILA shall not use the designation "City of
Yakima" or "County of Yakima" in any way which might give the
appearance or impression that YILA is and agent of or otherwise
connected with the City or County of Yakima, except as an
independent contractor; provided, that the two trolley cars to be
operated pursuant to this agreement may retain their names of "City
of Yakima" and "County of Yakima".
8 Tourist Promotion
To the extent to be determined by the City from time to time,
the City may cooperate with YILA in the promotion of the electric
railway system as a tourist attraction in the greater Yakima area.
9. Compliance with Laws - Additional Regulations
A. Compliance With Laws. YILA shall obtain necessary permits or
licenses from the City, State or federal government, or any other
governmental agency having jurisdiction over the electric railway
business by YILA; and YILA otherwise shall operate the electric
railway trolley cars, and the system and business, in accordance
with all applicable laws, rules and regulations.
B. Additional Regulations. In addition to complying with all
other applicable laws, rules and regulations, YILA agrees to comply
with the following additional regulations in operating the trolley
cars:
(1) The speed of the trolley cars and all other on -track
equipment shall not exceed five miles per hour on 6th Avenue between
Pine Street and Walnut Street, and shall not exceed twelve miles per
hour elsewhere.
(2) The electric railway trolleys and other on -track equipment
shall not be operated North of Pine Street and South of Fruitvale
Boulevard during the following time periods on Mondays through
Fridays:
Hours Prohibited:
1.00 a.m. to 9:00 a.m.
11:30 a.m. to 1:00 p.m.
4:30 p.m. to 6:00 p.m.
(3) All trolleys and all other on -track equipment shall obey
signals at intersecting streets, and shall be preceded by a flag
person at intersections which are protected by stop signs.
4
10. Indemnification
A. Debts and Liens. YILA shall allow no liens to attach to City
property nor any tax or debt to be input to the City by YIL's
possession, occupancy or use of City equipment or property; and in
the event any such debt, tax, or lien is incurred or arises by
operation of law, YILA shall immediately pay and satisfy the
indebtedness, tax, or lien.
B. Indemnification. YILA shall defend, indemnify, and hold the
City, its employees, officers and agents harmless from all claims,
liability or damage based on or resulting from the execution of this
agreement or its performance including, but not limited to, the
operation and maintenance of the railway properties, or the
operation of the trolley cars and the trolley system and business,
including but not limited to all of the promises made in this
agreement by YILA.
11. Insurance Requirement
Prior to its commencement of the trolley operation contemplated
by this agreement, YILA shall obtain a general public liability
policy insuring against bodily injury and property damage with a
combined single limit of not less than one million dollars
($1,000,000) for each incident. The City of Yakima, its officers,
employees and agents shall be named as insured parties along with
YILA. Further, the policy shall insure the contractual undertakings
of YILA by its execution of this agreement, including the
indemnification provisions of paragraph 10 B. immediately
hereinabove.
12. Track Property Preservation
YILA may protect the track property by whatever legal means are
necessary, in order to keep the complete electric railway corridor
intact and usable. YILA may acquire such additional property as it
deems necessary to provide for the trolley operation contemplated by
this agreement. However, no power of eminent domain is purported to
be delegated to YILA by this agreement; and this provision is not
intended to require the City to exercise its power of eminent domain
for the benefit of YILA or the trolley system or business.
13. Reservation Of Rights
A. The City reserves the right, as against any claim by or
detriment to YILA, to control and regulate the public streets and
other railway property over which any rail tracks traverse, and to
improve its streets and street right-of-way, and to install and
maintain sewers, watermains and any other public works.
5
B. The City reserves the right to sell that portion of the
railroad system described in Exhibit A, together with all
appurtenances. In the event of the conveyance of the aforementioned
portion of the railroad system, the City shall notify YILA in
writing prior to any transfer. From and after said transfer YILA
shall not perform any activity covered by this agreement on said
portion of the system without the written approval of the City.
14. Trolley Fund
Funds received from the salvage of abandoned portions of the
YVT system shall be used for capital improvements to the system at
the City's sole discretion.
15. Assignability
The rights of this agreement shall not be assigned by YILA to
any other person, corporation or association without the prior
written consent of the City.
16. Default - Termination
A. Notice Of Default - Termination. In the event of the default
by YILA in its performance of this agreement, the City may terminate
this agreement by delivering to YILA a written notice of intent to
terminate, which notice shall specify the act or lack of performance
which constitutes the default. In the event YILA fails to cure the
default within forty-five (45) days from the delivery of the notice,
then this agreement shall automatically terminate.
B. Immediate Termination. The provisions of paragraph 16.A
immediately hereinabove shall not apply to a breach of this
agreement by YILA in expanding its operations beyond the
transporting of passengers, only, as a tourist attraction and
promoting activity; nor shall those provisions apply in the event
YILA fails to obtain or maintain in full force and effect the
insurance policy required by this agreement. In either such event,
this agreement will terminate immediately on notice by the City to
YILA.
17. Notification - YILA Office Location
A. Notification. Any notice by either party to the other
pertaining to this agreement or the trolley operation shall be given
in writing and delivered by certified mail or by personal service as
follows:
City of Yakima Yakima Valley Interurban Trolley
Office of City Manager Lines
City Hall P.O. Box 649
6
129 North 2nd Street
Yakima, Washington
(509) 575-6040
Yakima, Washington 98907
(509) 575-1700
B. YILA Office Location. YILA shall maintain an office at the
address stated above, or at some other place within the City of
Yakima, with a telephone or telephone recording device. YILA shall
immediately notify the City in writing of any change in the name of
the responsible person to receive notification under Paragraph 18.A
above, or of any change in office address where notice is to be
given, or telephone number.
18. Term
This agreement shall be effective when signed by an authorized
representative of each party, and shall terminate at 12:01 a.m. on
January 1, 1994.
19. No Warranties
The City of Yakima makes no warranties, expressed or implied,
as to any aspect of the railway system.
EXECUTED AT YAKIMA, WASHINGTON, the day and year first above
written.
ATTEST:
Kait-J2-1
,✓ S J c
KAREN S. ROBERTS, City Clerk
City Contract No. /�'lCcg — / / "7
Resolution ,) -
CITY OF YAKIMA:
By
R. A. ZAIS,Yakima City Manager
YAKIMA INTERURBAN LINES SSOCIATION INC.
By
By
7
SEGMENT NO. 4 YAKIMA TO SELAH MAIN LINE
Beginning at Railroad Engineering Station 41+60.1 on
the above-mentioned Yakima to Wiley City Main Line in the SE;SE;
of said Section 24. T. 13 N. R. 18 E.;
thence in a northwesterly and northerly direction
across the hereinafter identified Sections. Townships and
Ranges, a distance of 18,341 feet (3.47 miles). more or less, to
the south line of Lot 6 of Block 1 of Selah Carden Tracts as
recorded in Volume 1, Book of Plats at Page 39, and Volume S5 of
Deeds at Page 663 of the Records of said County and State. being
the south line of that certain strip of land heretofore acquired
by the Yakima Valley Transportation Company from H. C. Treat and
December 26. 1911, A. Treat innVolum 120 ofofDeeds at 8. l1. Page nd 524 of recorded
the
Records of said County and State and subsequently disclaimed by
said Transportation Company, by Disclaimer dated October 22.
1981, and recorded April 21. 1985, in Volume 1098 of Deeds at
Page 1287 of the Records of said County and state.
SIISW% and Also, all right-of-way underlying side trackage in the
t of Section 36. T. 14 N., R. 18 E., and the
NWs.NW of Section 1, T. 13 N. R. 18 E.. of the Willamette
Meridian in the Town of Selah, Yakima County, Washington.
less. Containing a met property area of 18.59 acres, more or
subdivisioSs d Sent No. 4 lying in and across the legal
Beatified as follows:
Subdivision Section Township Range Meridian
SE'. WisME1/4 24 13 N. 18 E. Willamette
WsEls 13 • •
, NE:fit.
Zaft
WISW1/4. N% NWIs
NE:SE:, Wall • •
SES;SE'4
. NW;SW1
12 • •
1
2
35
36
14 N.
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w • w w
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The description hereinabove is subject to the exception
and reservation set forth in the main body of the deed to which
this description is an exhibit.
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