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.
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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.
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