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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. Page 1 of 3 license/Greenway 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. Page 2 of 3 license/Greenway 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 Page 3 of 3 license/Greenway