HomeMy WebLinkAboutR-1993-046 Greenway / License / PathwayBEFORE THE BOARD OF YAKIMA COUNTY COMMISSIONERS
AND THE YAKIMA. CITY COUNCIL
In the Matter of the Granting
of a License from the City of
Yakima to Yakima County for the
purpose of extending the Yakima
River Greenway Path along the
Yakima River Dike over property
belonging to the City
CITY RESOLUTION NO R-93-46
247-1993
COUNTY RESOLUTION NO
WHEREAS, the Yakima River Greenway Foundation has received funding
to extend the Yakima River Greenway Recreational Pathway southerly along
the Yakima River Dike, a portion of which extension necessarily crosses
property owned by the City of Yakima, and,
WHEREAS, the City Council of the City of Yakima and the Board of
Yakima County Commissioners each deem it in the best interests of the
citizens of the County and the City that said pathway be extended; and,
WHEREAS, Yakima County accepts full responsibility for the
construction and maintenance of the Pathway and agrees to defend and
indemnify the City against any claims arising out of the use of said
property for the Pathway and further agrees to make improvements
intended to protect the city property from users of the Pathway
NOW, THEREFORE, BE IT HEREBY RESOLVED that Dick Zais, City Manager,
is hereby authorized to execute a license in the form attached hereto
granting to the County a license to cross the property described in said
license for the purposes and upon the conditions set forth in said
license
BE IT FURTHER RESOLVED that the Board of Yakima County
Commissioners is hereby authorized to execute the attached license and
thereby bind Yakima County to the conditions set forth therein
ADOPTED by the Yakima City Council this 25th day of May 1993
Pat Berndt, Mayor City of Yakima
Attest. Karen S. Roberts, City Clerk
City of Yakima to Yakipa
County\Greenway Path\license
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AdopteeYakima County Commissioners
Attes
•
Sylvi
Clerk
Hinoj osa
he Board
. •
YCYCTGrn.Agr
City of Yakima to Yakima
County\Greenway Path\License
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GREENWAY LICENSE
This license is granted by the City of Yakima, Washington, to
Yakima County, Washington for the purposes and under the terms specified
below.
1. DEFINITIONS.
"City" shall mean the City of Yakima.
"County" shall mean Yakima County, Washington.
2. TERM and TERMINATION. The term of this license shall commence
immediately upon execution by both parties and shall terminate on
December 23, 2017. For the initial term, the City may terminate this
license only for a public purpose.
3. GRANT OF LICENSE/PREMISES. The City hereby grants to the
County a license for the purposes stated herein upon a corridor 200 feet
wide, being 100 feet on either side of the centerline of the Yakima
River dike as it exists on the date of execution of this license, upon
property described in Exhibit "A" attached hereto. Fee interest in the
premises is owned by the City.
4. CONSIDERATION. The County's use of the property for
recreational use is hereby deemed to be a public recreational use by the
citizens of the City.
5. USE OF PREMISES. The County shall use the premises for a
public recreational pathway no more than 14 feet in improved width. In
using these premises, the County shall comply with all policies and
regulations heretofore or hereafter promulgated by the City relative to
the location, operation, and maintenance of improvements located on the
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premises. It is expressly agreed that the County shall comply with all
applicable federal, state, and local laws, ordinances regulations, and
environmental requirements. The County agrees to hold the City harmless
from claims or suits resulting from County's failure to comply with such
requirements.
6. IMPROVEMENTS.
6.1 The County shall make improvements to fences, construct
fences and gates and plant trees as detailed in the Yakima River
Greenway Pathway - South plan sheets pages 2 and 3 dated April 1993 as
designed by CH2MHILL Consulting Engineers and Addendum No. 1 to the
Contract Specification for the Construction of Yakima River Greenway
Pathway - South, Yakima County Project No. R 2457, copies of which are
attached hereto. Copies of which are in the City clerk's office and
made a part hereof. Provided, however, the County at its expense shall
construct reasonable additional fencing or improvements to existing
fencing in the event the City determines that such addition or
improvements are needed to keep persons or animals out of restricted
city areas.
6.2 The County shall post "No Trespassing" signs at intervals
to the City's Director of Engineering and Utilities on the fence line
visible to users of the pathway, clearly instructing users of the
pathway not to trespass onto City owned property which is not within the
contemplated scope of this license.
6.3 Within one year from the date of execution of this
license, the parties shall execute a tree -planting addendum to this
license which shall become part of this license. The purpose of the
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addendum shall be to provide a tree screen between this segment of the
greenway path nd the City's adjacent activities. The County shall be
responsible for the expense of planting said trees and their
maintenance.
6.4 The County shall maintain and repair all of its
improvements authorized by any license granted by the City and keep such
areas free of debris and waste within a reasonable time and in a good
and workmanlike manner.
7. JOINT USE. It is understood that the property is to be
used jointly by the County of Yakima and the City of Yakima and that
each party will conduct operations in a reasonable manner so as to not
interfere with the operation of the other.
8. RESERVATION OF RIGHT TO MAINTAIN AND GRANT UTILITY FRANCHISES
AND PERMITS. The City reserves the right for utility franchise and
permit holders to enter upon the premises to maintain existing
facilities and, for itself, to grant utility franchises and/or permits
across the premises. Such installation will be accomplished in such a
manner as to minimize any disruption to the County. The
franchise/permit holder will be required to restore paving and grading
damaged by the installation.
The County will not disturb markers or stakes installed by the City
of Yakima or franchise/permit holders and will contact the
franchise/permit holder prior to any excavation in order that the
franchise/permit holder may locate the utility. It is the County's
responsibility to protect legally installed underground utilities.
Prior to any tilling of the soil, or any other operation in which
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earth, rock, or other material on or below the ground is moved or
otherwise displaced to a vertical depth of twelve (12) inches or
greater, the County must call 1-800-553-4344 to ascertain the existence
of underground utilities as well as to provide notice of County's
operation to all owners of underground utilities. Furthermore, the
County must comply with all provisions of RCW 19.122 relating to
underground facilities. Violations of this statute are subject to
possible civil penalty.
9. CITY'S RIGHT OF ENTRY AND INSPECTION. The City, reserves the
right to enter upon the premises at any time without notice to the
County for the purpose of conducting any activity associated with City
operations. City shall in no way be responsible for any incidental or
consequential damages due to such entry and inspection and any
subsequent loss of use by County. City may from time to time go upon
the premises for the purpose of inspecting any excavation, construction,
or maintenance work being done by the County.
10. HOLD HARMLESS/INDEMNIFICATION CLAUSE. The County, its
successors, or assigns, will protect, save, and hold harmless the City,
its authorized agents, and employees, from all claims, actions, costs,
damages, or expenses of any nature whatsoever by reason of the acts or
omission of the County, its assigns, agents, contractors, licensees,
invitees, employees, or any person whomsoever, arising out of or in
connection with any acts or activities authorized by the County, whether
those claims, actions, costs, damages, or expenses result from acts or
activities occurring on or off the licensed premises. The County
further agrees to defend the City, its agents, or employees in any
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litigation, including payment of any costs or attorney's fees, for any
claims or action commenced, thereof arising out of or in connection with
acts or activities authorized by this license. This obligation shall
not include such claims, costs, damages, or expenses which may be caused
by the sole negligence of the City of Yakima or its authorized agents or
employees; Provided that if the claims or damages are caused by or
result from the concurrent negligence of (a) the City, its agents, or
employees and (b) the County, its agents, or employees, and involves
those actions covered by RCW 4.24.115, this indemnity provision shall be
valid and enforceable only to the extent of the negligence of the County
or its agents or employees.
11. NONDISCRIMINATION. The County, for itself, its successors,
and assigns as a part of the consideration hereof, does hereby covenant
and agree, as a covenant running with the land, that no person, on the
grounds of race, color, creed, national origin, marital status, age,
sex, or the presence of any sensory, mental, or physical handicap shall
be excluded from participation in, be denied the benefits of, or be
otherwise unlawfully subjected to discrimination in the use of the
facility now or hereafter on the premises, that in connection with the
construction of any improvements on said lands and the furnishing of
services thereon, no such discrimination shall be practiced in the
selection of employees or contractors, or by contractors in the
selection and retention of their subcontractors, that such
discrimination shall not be practiced against the public in their access
to and use of the facility and services provided for public
accommodation constructed or operated on, over, or under the space of
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the right of way, and that the County shall use the premises in
compliance with all other requirements imposed pursuant to the Revised
Code of Washington Chapter 49.60 and Title 49, Code of Federal
Regulations, Subtitle A, Office of the Secretary of Transportation, Part
21 (49 C.F.R. Part 21), and as said Regulations may be amended. The
breach of any of the above nondiscrimination covenants shall be a
material act of default entitling the City to terminate this license in
accordance with the procedures set forth herein.
12. ATTORNEY FEES. In the event of any controversy, claim, or
dispute arising out of this license, the substantially prevailing party
shall, in addition to any other remedy, be entitled to recover any
reasonable costs or attorney's fees which it incurs.
13. MODIFICATION. This instrument contains all the agreements and
conditions made between the parties hereto and may not be modified
orally or in any manner other than by an agreement in writing signed by
all parties thereto. No failure on the part of any party to enforce any
covenant or provision herein contained, nor any waiver of any right
thereunder by any party, unless in writing, shall discharge or
invalidate such covenant or provision or affect the right of said party
to enforce the same in the event of any subsequent breach or default.
14. ASSIGNABILITY: The County's obligations under this license
cannot be assigned without the prior written consent of the City. The
City acknowledges that the Yakima River Greenway Foundation will assume
responsibility for the County's obligations hereunder and hereby
consents to such but does not release the County from any performance
obligations.
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IN WITNESS WHEREOF, the parties have caused this License to be
• executed by their duly authorized officers on the dates set forth below.
YAKIMACOUNTY SSIONERS
CITY OF YAKIMA
Attest this
May, 1993.
day of
10---6-2_
Attest th1s3 day of May, 1993:
Sylvia E. Hinojo a
Cler e B akima County Commissioners
By•
Approved
as
to form:
41, Deputy P
uting Attorney
STATE OF WASHINGTON )
County of Yakima
On this day of May, 1993, before me personally appeared
RICHARD ZAIS known to be the City Manager of the City of Yakima,
Washington, that executed the within and foregoing instrument and
acknowledged said instrument to be the free and voluntary act and deed
of said City, for the uses and purposes therein mentioned, and on oath
d that he is authorized to execute said instrument by resolution of the
City Council of said City, and that the seal affixed is the official
seal of said City.
ACKNOWLEDGEMENT
GIVEN under my hand and official seal the day and year last above
written
3vt.t ? 77g4c
Notary Publicd for th
of Washington res ding at:
Commission expires: 02.,
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