HomeMy WebLinkAboutR-1995-063 Trolley / City of SelahRESOLUTION NO. R-95 G3
A RESOLUTION providing for the use of one Trolley bus by the City of Selah for
its Community Days Celebration on Saturday, May 20, 1995
WHEREAS, the City owns four used Trolley busses which have been declared
surplus and which will be sold, and
WHEREAS, the City of Selah has requested to use one of Yakima's Trolley busses
for its Community Days Celebration on Saturday, May 20, 1995, and
WHEREAS, the City of Selah will provide their own driver and will provide
insurance and hold the City of Yakima harmless for the Trolley bus from the time it
leaves its current storage situation until it is returned to its storage situation, and
WHEREAS, it is in the best interests of the City of Yakima and the City of Selah
that Selah be allowed to use one of Yakima's Trolley busses as described above, NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Council hereby authorizes and directs the Transit Division to take
those action which are necessary and prudent to allow the City of Selah to use one of
the City of Yakima's Trolley busses for Selah's Community Days Celebration on May
20, 1995
ADOPTED BY THE CITY COUNCIL thisD,5S day of April, 1995
CA& Z-(2-it---4/-
ATTEST Mayor
City Clerk
lap/transit/selah trolley loan res 4/25/95 11.35 AM
RESOLUTION• USE OF TROLLEY BY SELAH
FOR SELAH COMMUNITY DAYS
3097360
AGREEMENT
THIS AGREEMENT is made and entered into by and be �,t eon t e C ',`Y,f1,_,
OF YAKIMA, hereinafter the "Yakima," and the CITY OF SELTT, the iiiaft'er iS
"Selah."
WHEREAS, Yakima owns four used Trolley busses which have beery ]
declared surplus and which will be sold; and
WHEREAS, Selah has requested to use one of Yakima's Trolley busses
for its Community Days Celebration on Saturday, May 20, 1995; and
WHEREAS, Selah will provide their own driver and will provide insurance
and hold Yakima harmless for said use of the Trolley bus from the time it
leaves its current storage situation until it is returned to its storage situation;
and
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between Yakima and Selah
as follows:
1. Trolley Bus Use. Pursuant to City of Yakima Resolution No. R-95-63,
Yakima agrees to allow Selah to use one of Yakima's Trolley busses during
Selah's Community Days Celebration on May 20, 1995.
2. Consideration and Indemnification. In consideration for the use of
said Trolley bus, Selah agrees to protect, defend, indemnify, and hold harmless
the City, its elected officials, agents, officers, and employees from any and all
claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and costs and expenses (including attorneys' fees and
disbursements) arising directly or indirectly from or out of, relating to, or in any
way connected with activities undertaken by Selah pursuant to this Agreement.
3. Insurance. On or before the effective date of this Agreement, Selah shall
provide Yakima, proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00), that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The
policy shall name Yakima, its officers, agents, and employees as additional
insured.
4. Termination. Yakima may terminate this Agreement, with or without
cause, by giving one (1) day written notice of termination.
5. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
6. Integration. This written document constitutes the entire agreement
between Yakima and Selah. No changes or additions to this Agreement shall
Page 1 of 2
(lslagr/selah hldhrmless.pm
be valid or binding upon either party unless such change or addition be in
writing and executed by both parties.
7. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO YAKIMA:
TO SELAH:
Transit Manager
Yakima Public Works
2301 Fruitvale Blvd.
Yakima, WA 98902
John Sweesy, Mayor
City of Selah
115 West Naches Avenue
Selah, \VA 98942
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
8. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
9. Venue. The venue for any action to enforce or interpret this Agreement
shill l;e in the Superior Court of Washington for Yakima County, Washington.
10. Attorney's Fees. In the event that any suit or action is instituted by
either party to enforce the compliance with or interpret any of the terms,
covenants or conditions of this Agreement, the prevailing party shall be entitled
to collect, in addition to necessary court costs, such sums as the court may
adjudge as reasonable attorney's fees.
11. Filing of Agreement. A copy of this Agreement shall be filed with the
City Clerk of the City of Yakima, City Clerk of the City of Selah, and with the
Yakima County Auditor.
CITY OF YAKIMA CITY OF SELAH
By By:
Dick Zais, ity Manager John Sweesy, M
DATE:e----- % / Li 5 DATi:
6
ATTEST:
City Clerk
CITY CONTRACT N0. q6--661
9s-1,03
Page 2 of 2
(1s)agr/selah hldhrmless pm
ATTEST:
6ILL4LMQ
City Clerk
Cerfifi:e(1 ±O be a tree and correct copy of the
original filed in my office. 1,, -
CITY
,, -CITY CLERK
`� _Deputy
By
AGREEMENT
THIS AGREEMENT is made and entered into by and between the CITY
OF YAKIMA, hereinafter the "Yakima," and the CITY OF SELAH, hereinafter
"Selah."
WHEREAS, Yakima owns four used Trolley busses which have been
declared surplus and which will be sold; and
WHEREAS, Selah has requested to use one of Yakima's Trolley busses
for its Community Days Celebration on Saturday, May 20, 1995; and
WHEREAS, Selah will provide their own driver and will provide insurance
and hold Yakima harmless for said use of the Trolley bus from the time it
leaves its current storage situation until it is returned to its storage situation;
and
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between Yakima and Selah
as follows:
1. Trolley Bus Use. Pursuant to City of Yakima Resolution No. R-95-63,
Yakima agrees to allow Selah to use one of Yakima's Trolley busses during
Selah's Community Days Celebration on May 20, 1995.
2. Consideration and Indemnification. In consideration for the use of
said Trolley bus, Selah agrees to protect, defend, indemnify, and hold harmless
the City, its elected officials, agents, officers, and employees from any and all
claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and costs and expenses (including attorneys' fees and
disbursements) arising directly or indirectly from or out of, relating to, or in any
way connected with activities undertaken by Selah pursuant to this Agreement.
3. Insurance. On or before the effective date of this Agreement, Selah shall
provide Yakima, proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00), that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The
policy shall name Yakima, its officers, agents, and employees as additional
insured.
4. Termination. Yakima may terminate this Agreement, with or without
cause, by giving one (1) day written notice of termination.
5. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
6. Integration. This written document constitutes the entire agreement
between Yakima and Selah. No changes or additions to this Agreement shall
Page 1 of 2
(1s)agr/selah hldhrmless pm
be valid or binding upon either party unless such change or addition be in
writing and executed by both parties.
7. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO YAKIMA:
TO SELAH:
Transit Manager
Yakima Public Works
2301 Fruitvale Blvd.
Yakima, WA 98902
John Sweesy, Mayor
City of Selah
115 West Naches Avenue
Selah, WA 98942
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
8. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
9. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
10. Attorney's Fees. In the event that any suit or action is instituted by
either party to enforce the compliance with or interpret any of the terms,
covenants or conditions of this Agreement, the prevailing party shall be entitled
to collect, in addition to necessary court costs, such sums as the court may
adjudge as reasonable attorney's fees.
11. Filing of Agreement. A copy of this Agreement shall be filed with the
City Clerk of the City of Yakima, City Clerk of the City of Selah, and with the
Yakima County Auditor.
CITY OF YAKIMA CITY Or SELAH
By By:
Dick Zaisty Manager Joh ' Sweesy, M
DATE: }amu 3f G 5� DATE:
9
ATTEST: r/
City Clerk
CITY CONTRACT HO. '66)
9s -tp3
Page 2 of 2
(1s)agr/selah hldhrmless.pm
ATTEST:
City Clerk �,�
DATE. 3/7/95—
T0
FROM:
SUBJEC
CITY OF YAKI1VIA
INTER -OFFICE MEMO
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Please Handle
Please Approve
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