HomeMy WebLinkAboutR-1993-085 Greenway / License / Pathway WestRESOLUTION NO. R-93- 85
A RESOLUTION authorizing the execution of a License Agreement for the
Greenway Pathway West.
WHEREAS, the City of Yakima owns the Yakima Valley Transportation
Electric Railroad Trestle spanning the Naches River; and
WHEREAS, the City Council of the City of Yakima has approved a
"Comprehensive Park and Recreation Plan" for the urban area which identifies
the Yakima Greenway Foundation Pathway West trail system along the Naches
Ri er adjacent to the northern portion of the City; and
WHEREAS, Yakima County has successfully sponsored a grant application to
the Department of Transportation together with the Yakima Greenway Foundation
for 1STEA funding of the Greenway Pathway West from Berglund Lake to Myron
Lake; and
WHEREAS, Yakima County and the Yakima Greenway Foundation, as part of
the extension of the Greenway Pathway West project, need a license for the
path w ay under the City -owned Railroad Trestle; and
WHEREAS, the City Council deems it to be in the best interest of the Cit) of
Yakima to grant such license, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to
execute the attached and incorporated License Agreement with the Yakima
Greenwa) Foundation and Yakima County
ADOPTED BY THE CITY COUNCIL this 1°t hday of , 1993
August
'A4 4 -d -r
Al I EST Mayor
City Clerk
(151resigreerway wear. rp
LICENSE AGREEMENT
THIS AGREEMENT is made this ay of•Sethe , 1993 by
and between the CITY OF YAKIMA, a Washington mu icipal corporation,
(hereinafter "LICENSOR"), and YAKIMA GREENWAY FOUNDATION, a
Washington nonprofit corporation, and YAKIMA COUNTY, a Washington
municipal corporation, (hereinafter collectively "LICENSEE").
In consideration of the mutual promises and covenants contained in this
agreement, the parties hereto agree as follows:
1. Grant of License. LICENSOR hereby grants to LICENSEE a license to
cross under the Yakima Valley Transportation Electric Railroad Trestle spanning
the Naches River, which trestle is located on the following -described real
property:
The East half of the Northeast quarter of the Northeast quarter of
the Southwest quarter of Section 12, Township 13 North, Range 18
E.W.M. in Yakima County, Washington.
The above-described real property will be used by LICENSEE for a non -
motorized trail known as the Yakima Greenway Pathway West that will use a
grade separation crossing under the existing Electric Railroad Trestle.
2. Term. This license is granted for a term of 25 years from the date of
execution of this License Agreement. During the 25 year license term,
LICENSOR may terminate this license only for a public purpose by giving 90
days written notice to LICENSEE.
3. No Payment Required. This license is given to LICENSEE as an
accommodation with no monetary consideration.
4. LICENSOR'S Title. LICENSEE acknowledges the legal ownership of
LICENSOR to the Electric Railroad Trestle on the above-described real property
and agrees never to deny such ownership or to claim title in LICENSEE'S name.
LICENSEE expressly agrees that it does not and shall not claim at any time any
interest or estate of any kind or extent whatsoever in the Electric Railroad Trestle
on the above-described real property, by virtue of the rights granted under this
license agreement, LICENSEES occupancy or use under this agreement, or any
other basis.
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5. Indemnification. LICENSEE shall protect, defend, indemnify, and hold
LICENSOR, and its agents and employees, harmless from and against any and
all claims, lawsuits, damages, and liabilities for personal injuries, property
damage (including, but not limited to, any damage to the Electric Railroad
Trestle), or for loss of life or property resulting therefrom, which in any way arise
from or are connected with or related to the condition or use of the real property
covered by this license agreement, or any means of ingress to or egress from
said real property, except liability for personal injuries, property damages, or loss
of life or property caused solely by the negligence of LICENSOR.
6. Notices. Any notice provided for or concerning this agreement shall be in
writing and shall be deemed sufficiently given when sent by registered or certified
mail, postage prepaid, if sent to the party, or hand delivered to the party, at the
following addresses:
LICENSOR: CITY OF YAKIMA
Attn: City Engineer
City Hall
129 North 2nd Street
Yakima, WA 98901
LICENSEE: YAKIMA GREENWAY FOUNDATION
Attn: Executive Director
103 South Third Street
Yakima, WA 98901
YAKIMA COUNTY
Attn: County Engineer
Yakima County Courthouse
Yakima, WA 98901
7. Entire Agreement. This agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind
preceding the date of this agreement shall not be binding upon either party
except to the extent incorporated in this agreement. Any modification of this
agreement or additional obligation assumed by any party in connection with this
agreement shall be binding only if evidenced in writing signed by each party or an
authorized representative of each party.
8. Assignment or Sublicense. LICENSEE shall not assign or transfer this
license, nor grant a sublicense for any purpose, without the express, prior, and
written consent of LICENSOR.
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IN WITNESS WHEREOF, each party to this License Agreement has
caused it to be executed at Yakima, Washington on the date first above written.
LICENSOR:
CITY OF YAKIMA
By:
R. A. Zais, Jr.
City Manager
ATTEST:
K„. 2
City Clerk
CITY CONT2.ACT 'n. %'
LICENSEE:
YAKIMA REENWAY FOUNDATION
BY:
resident
COUNTY OF YAKIMA
By:
Bettie Ingham
County Commissioner
By:
Charles J. Klarich
Count , ommissioner
By:
Lewis
County Com
issioner
T
Syl : a . Hinojosa
Cle f the Board
cr4-107- 61,3
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