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HomeMy WebLinkAboutR-1994-100 Project No. 1326RESOLUTION NO. R-94 100 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a Letter of Understanding between the City of Yakima and the Yakima Valley Canal Company regarding performance of Yakima City Project No. 1326. WHEREAS, the City of Yakima desires the performance and completion of City Project No. 1326 -- the covering of 285 linear feet of concrete box canal within the Yakima Valley Canal Company's right-of-way inside the boundaries of Gailleon Park, City of Yakima, Yakima County, Washington; and WHEREAS, the Yakima Valley Canal Company is agreeable to the performance and completion of said Project No. 1326 subject to the terms of the attached Letter of Understanding; and WHEREAS, the City Council deems it to be in the best interest of the City to enter into said Letter of Understanding with the Yakima Valley Canal Company, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAICIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached and incorporated Letter of Understanding with the Yakima Valley Canal Company for the purpose of having Yakima City Project No. 1326 performed and completed. ADOPTED BY THE CITY COUNCIL this 19thday of July , 1994. �az 40, ATTEST: Mayor City Clerk (1s)res/gailleon.pm CITY OF YAKIMA alike of City Manager May 12,1994 CITY HALL, YAKIMA, WASHINGTON 98901 Phone: (509) 575-6040 Board of Directors Yakima Valley Canal Company 1640 Garretson Lane Yakima, WA 98908 Re: Letter of Understanding Concerning Gailleon Park and City Project No. 1326 Dear Board of Directors: This letter of understanding is intended to formalize and confirm the oral agreement previously reached by and between the City of Yakima, hereinafter the "City", and the Yakima Valley Canal Company, hereinafter the "Canal Company", regarding performance of Yakima City Project No. 1326, hereinafter "Project No. 1326." First, the goal of Project No. 1326 is to cover 285 linear feet of concrete box canal within the Canal Company's right-of-way inside the boundaries of Gailleon Park, City of Yakima, Yakima County, Washington. Actual construction will consist of the installation of concrete footings on each side of the canal and decking material supported by said footings and spanning the canal. Said decking material will consist of either pressure treated wood planks (3" x 12" x 7") or recycled plastic planks. It is the City's understanding that said project goal and general description are acceptable to the Canal Company. Second, the City agrees it will not proceed with this project until the necessary plans and specifications have been reviewed and approved by the Board of Directors of the Canal Company. A copy of the draft project plans and specifications is attached hereto as exhibit "A." Third, the City will be responsible for inspecting, cleaning and maintaining the debris barrier that will be installed in the canal as part of Project No. 1326. Fourth, the City also agrees to defend, indemnify, and hold harmless the Canal Company, its agents, officers, and employees from any and all liability or loss, and against all claims or actions based upon or arising out of damage or injury, including death, to persons or property caused by or sustained in connection with the performance of Project No. 1326. If Project No. 1326; the corresponding plans and specifications (exhibit "A"); and this letter of understanding are acceptable to the Canal Company, please indicate such agreement by having an authorized representative sign in the Board of Directors Yakima Valley Canal Company May 12, 1994 Page 2 space provided below and return one original in enclosed self --addressed stamped envelope. CITY OF YAKFMA YAKIMA VALLEY CANAL COMPANY By: By: DICK ZAIS, City Manager Its: DATED; A'T'TEST: City Clerk STATE OF WASHINGTON County of :ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that signed this instrument, on oath stated that was authorized to execute the instrument and acknowledged it as the __ of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED; NOTARY PUBLIC in and for the State of Washington, residing at. My commission expires: