HomeMy WebLinkAboutWilliam O Douglas Trail Use Maintenance and Operation Agreement-11 T 44- 1 AN [TIA,
THE COWICHE CANYON t0NS8PVANCY AND
THE WILLIAM 0. DOUGLAS TRAIL FOUNDATION
i "IS TRAIL USE, MAINTENANCE AND OPERATION AGREEMENT (hereinafter
Agreemenf)� is made and entered int6 by and between the City of Yakima, a Washington
municipal Co(Poration �hiereihaftdt the Tft�") and the Cowiche Canyon Conservancy, a
wa8hihgton non-profit 501(c)3 corpoTation (hereinafter "CCC"), and the William 0. Douglas
TraH Foundation (trail Foundation4l), a Wa�shington non-profit 501 (c)3 corporation.
WHEREM, the City and Yakima County are the sponsors of the William 0. Douglas
Trail and are workJng with local, state and fbderal agencies, as well as citizen groups and other
*,rganizations, to develop the Trail to its full potential for the community;
"WHEREAS, the Trail has recre8tional, cultural, social and economic benefits that extend
beyond the community to include the M940h, the State and the Nation;
WHEREAS, the City requires maintenance and operation services for the Trail; and
WHEREAS, the City anticipates development of a comprehensive plan for use,
maintenance and operation of the Trail but an interim agreement is required at the present time;
and
WHEREAS, the CCC and the Trail Foundation represent that they have the required
expe4pie and are willing to perform the use, maintenance and operation services required by
the City in accordahce with the terms and conditions Of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements set forth herein, it is agreed by and between the City, the CCC and the Trail
Foundation as follows:
2.Sco a o rites. The CCC and the Trail Foundation shall provide the City with the
following servicesa
A. The CCC and the Trail Foundation shall periodically inspect the Trail for purposes of
evaluating and monitoring the Trail's condition; for ensuring the Trail is maintained in
satisfactory condition affording broad public access; and, for enhancing public health
and safety;
B. The CCC and the Trail Foundation shall, in conjunction with evaluating and monitoring
the condition of the Trail, take all necessary and prudent steps to maintain the Trail
and this shall include removing any trees that block or interfere with the public's use
and enjoyment of the Trail; filling in any holes that have developed; checking for any
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William 0. Douglas Trail Use,
Maintenance and Operation Agreemem
hazards that have arisen; and, addressing any other public health or safety issu,_—t
-elated to the condition of the Trail with the goal of maintaining it in a safe condition;
C. The CCC and the Trail Foundation sh
with local, state and federal law as w
providing grants for the Trail; i
operate and maintain the Trail in compliance
as the requirements of the funding agencies
P'. The CCC and the Trail Foundation shall confer with City staff on the condition of thz
Trail in a timely manner to address all necessary issues in the implementation of this
Agreement and promptly advise City staff of any matters aff6cting the continued use,
maintenance and operation of the Trail for the benefit of the public;
E. The CCC and the Trail Foundation shall confer with local, state and federal agencies,
and, where relevant, other entities (including public, private and non-profit
organizations) to address all necessary issues in the implementation of this
Agreement; and,
F. The CCC and the Trail Foundation shall take all additional steps necessary to meet
the requirements of this Agreement, including but not limited to the actions required to
safeguard public health and safety in the use and enjoyment of the Trail.
4. Maintenance of Financial Records and Documents. The CCC and the Trail
Foundation shall make any necessary cost records, accounts and related financial documents
pertaining to this Agreement available for inspection by representatives of the City during the
term of this Agreement and for a period of three (3) years thereafter. In the event that any audi)
or inspection identifies any discrepancy in such financial records, the CCC and the Trail
Foundation shall provide the City with appropriate clarification and/or financial adjustments
within thirty (30) calendar days of notification of the discrepancy,
NMI
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William Q. Douglas Trail Use,
Maintenance and Operation Agreement
ififfl3mm.
William 0. Douglas Trail Use,
Maintenance and Operation Agreement
r r i - M
'Nilliam 0. Douglas Trail Use,
Maintenance and Operation Agreement
valid or binding upon either party unless such change or addition be in writing and executed by
both parties,
22. Termination. The City, the CCC or the Trail Foundation may terminate this Agreement,
with or without cause, by giving the other parties thirty (30) calendar days written notice of
termination.
23. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and
sent or hand delivered to the parties to their addresses as follows:
"KIRM
City Engineer
129
Yakima, WA 98901
Cowiche Canyon Conservancy
P.O. Box 877
Yakima, WA 98907
William O. Douglas Trail Foundation
P.O. Box 877
Yakima, WA 98907
or to such other addresses as the parties may hereafter desi�nale in writing. Notices and/OF
demands shall be sent by registered or certified mail, postage Prepaid, or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
2bove.
24. Governing LaW� This Agreement shall be governed by and construed in accordance with
the IaWs�df the Slaite of Washingtop.
t-5. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
mmm�=�
By:
R. A. Zais, �ity Manager
DATE: 9- Z-7- 0?
William 0. Douglas Trail Use,
Maintenance and OOerat'
By:
P& 6-5
_F - 2- e.- - c-, 9
E��_
City Contract No.
William 0. Douglas Trail Use,
Maintenance and Operation Agreement
WILLIAM O. DOUGLAS TRAIL FOUNDATION
BY:
AT4-0
DE ly