HomeMy WebLinkAboutNob Hill Water Association - Revocable License Agreement REVOCABLE LICENSE AGREEMENT
PARTIES: Nob Hill Water: Nob Hill Water Association
City: City of Yakima, Washington, a municipal corporation
SUBJECT
PROPERTY: That portion of the City of Yakima's property formerly owned
by the Yakima Valley Transportation Company, legally
identified as:
An eight (8) foot wide strip of land, with the following -
described centerline, crossing a twenty (20) foot wide
corridor of land formerly owned by the Yakima Valley
Transportation Company (YVT), and said twenty (20) foot
wide corridor of land being more particularly described as
the South twenty (20) feet of the North fifty (50) feet of the
Northeast Quarter of the Southwest Quarter of Section 6,
Township 12 North, Range 18 E.W.M., records of Yakima
County Washington, the centerline of said eight (8) foot wide
crossing strip being three hundred (300) feet West of the
East line of said section subdivision.
RECITALS:
City owns fee interest in the above - described real property, formally owned by
the Yakima Valley Transportation Company.
Nob Hill Water wishes to construct a subsurface domestic water line crossing the
twenty (20) foot wide strip of former YVT property, described above, to access
and provide water delivery to Nob Hill Water's adjacent parcel of land.
AGREEMENT:
For and in consideration of the mutual promises and covenants contained herein,
the City hereby grants to Nob Hill Water a revocable license to construct one
subsurface domestic water line crossing the twenty (20) foot wide strip of former
YVT property, described above, to access and provide water delivery to Nob Hill
Water's adjacent parcel of land. This revocable license is subject to the following
terms and conditions:
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1. Termination: Notwithstanding any provision in this Agreement to
the contrary, the City may terminate this license only for a public purpose by
giving 90 days written notice to Nob Hill Water.
2. No Payment Required: This revocable license is granted to Nob
Hill Water as an accommodation with no monetary consideration. Nob Hill
Water's use of City property to provide water service to its adjacent property is
deemed a reasonable use.
3. City Title: Nob Hill Water acknowledges the City's legal ownership
and fee title to said real property described herein. Nob Hill Water expressly
agrees to never deny City's right in ownership of said real property or to claim
title in Nob Hill Water's name. Nob Hill Water further agrees that it does not and
shall not at any time claim any interest or estate of any kind or extent whatsoever
in the real property upon which Nob Hill Water constructs the subsurface
domestic water line that is the subject of this revocable license, by virtue of the
rights granted under this license agreement, Nob Hill Water's occupancy or use
under this agreement, or any other basis.
4. Nob Hill Water's Improvements on City Property: Nob Hill Water, or
its contractor, at its sole cost and expense, intends to construct a subsurface
domestic water line in accordance with plans and specifications approved by the
City. Nob Hill Water agrees to pay for all improvements incidental or necessary
to construct said domestic water line, as well as any maintenance and repairs
that may from time to time become necessary. Nob Hill Water acknowledges
that legal title and ownership of any improvements and /or permanent structures
erected upon City's real property shall vest and remain in the real property. Nob
Hill Water further agrees that it shall not construct or maintain any other
improvements on the City's above - described property.
5. Indemnification: Nob Hill Water shall protect, defend, indemnify
and hold the City, and its elected and appointed officials, employees and agents,
harmless from and against any and all claims, demands, losses, damages, liens,
liabilities, penalties, fines, lawsuits, and other proceedings, and any costs and
expenses associated with the same (including attorney's fees and
disbursements, whether in litigation or not), which accrue to or are incurred by
the City, or its elected or appointed officials, employees or agents, and which
arise directly or indirectly from or out of, relate to, or in any way are connected
with personal injuries or property damage occurring because of the use,
operation, or maintenance of the real property covered by this license agreement
(to wit: the real property and associated domestic water line thereon which is
subject to this license agreement) and any litigation, legal challenge or
determination pertaining to the validity of this agreement. The provisions of this
paragraph shall survive the termination of this agreement for any reason.
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6. Parties Bound: Subject to the right of revocation as herein set
forth, this agreement shall inure to the benefit of and be binding upon the parties
hereto, their heirs, successors and assigns.
7. Integration: This writing constitutes the entire agreement of the
parties and its execution is authorized by their respective governing bodies.
8. Notices: All notices required or permitted hereunder shall be in
writing and shall be deemed to be delivered three (3) days after having been
deposited in the United States mail, postage prepaid, certified mail, return receipt
requested, addressed to the parties at the respective addresses set forth below
or at such other addresses as may have been theretofore specified by written
notice delivered in accordance herewith:
City: City of Yakima
129 N. 2 Street
Yakima, WA 98901
Attention: Richard A. Zais, Jr.
City Manager
Nob Hill Water: Nob Hill Water Association
6111 Tieton Dr.
Yakima, WA 98908
9. Entire Agreement: This agreement shall constitute the entire
agreement between the parties and any prior understanding or representation of
any kind preceding the date of this agreement shall not be binding upon either
party except to the extent incorporated in this agreement. Any modification of
this agreement or additional obligation assumed by any party in connection with
this agreement shall be binding only if evidenced in writing signed by each party
or an authorized representative of each party.
10. Assignment or Sublicense: Nob Hill Water shall not assign or
transfer this license, nor grant a sublicense for any purpose, without the express,
prior and written consent of City.
11. 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.
12. Governing Law: This agreement shall be governed in all respects
by the laws of the State of Washington.
13. Venue: In the event there should be any litigation arising out of this
agreement, venue shall lie in Yakima County, Washington.
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14. Capacity, Due Authorization: Nob Hill Water affirms and warrants
that the individual whose signature appears below on its behalf has the full
power, capacity, and legal right to execute this Agreement and that this
Agreement has been duly authorized and executed and that it shall constitute the
legal, valid and binding obligation of Nob Hill Water, enforceable in accordance
with its terms.
DATED this , `' day of May, 2006.
CITY OF YAKIMA, WASHINGTON
y: �
R.A. Zais, Jr.
City Manager
ATTEST:
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Preston L. Shep e l'^ . / -
Manager
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CITY OF YAKIMA - LEGAL DEPARTMENT
200 S. 3rd St, Yakima, WA 98901 -2830
Raymond L Paolella, City Attorney CRIMINAL DMSION
CML DMSION Cynthia Martinez
Helen A Harvey Mary B. Smith
Sofia D. Mabee Bronson Faul
Jeffrey R. Cutter Lacy W. Heinz
Phone: (509) 575-6030 FAX (509) 575 -6160 Phone: (509) 575 -6033
MEMORANDUM
TO: Dick Zais, City Manager cY Oi.: YimmA
FROM: Jeff Cutter, Assistant City Attorney JUN ' 2006
DATE: June 29, 2006 ONCE OF CITY MANAGER
SUBJECT: Nob Hill Water Association License Agreement
Attached to this memorandum Is a license agreement permitting Nob Hill Water
Association to cross the City -owned YVT property at the location described therein.
Nob Hill Water Association owns the property to be served by the water line the
association Is seeking permission to Install across the YVT property, hence the
signature on the License Agreement Is that of Preston Shepherd, the Association's
manager.
I spoke with Ray about this previously, and he advised that It Is customary for you to
sign these particular licenses for use of YVT property without formal action of council.
Ray also had me request that the Association execute a Quit Claim Deed that I
prepared for that portion of the YVT property that abuts the Nob Hill Water Association
property, just to be sure any old clouds on the title were resolved. John Fairbrook, the
Association president did execute the Quit Claim Deed recently and It Is now being
recorded. At this point I am requesting that you sign the attached Revocable License
Agreement and return It to me so that I can provide a copy to Mr. Shepherd and file the
original In the City file. If you have any questions regarding the License Agreement,
please contact me. Thank you.
fi e ' a-g e-
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CITY OF YAKIMA - LEGAL DEPARTMENT
200 S. 3rd St, Yakima, WA 98901 -2830
Raymond L Paolella, City Attorney CRIMINAL DMSION
CML DMSION Cynthia Martinez
Helen A Harvey Mary B. Smith
Sofia D. Mabee Bronson Faul
Jeffrey R. Cutter Lacy W. Heinz
Phone: (509) 575 -6030 FAX: (509) 575 -6160 Phone: (509) 575 -6033
MEMORANDUM
TO: Dick Zais, City Manager
FROM: Jeff Cutter, Assistant City Attorney JUN 2006
DATE: June 29, 2006 OFFICE OF CITY MANAGER
SUBJECT: Nob Hill Water Association License Agreement
Attached to this memorandum Is a license agreement permitting Nob Hill Water
Association to cross the City -owned YVT property at the location described therein.
Nob Hill Water Association owns the property to be served by the water line the
association Is seeking permission to Install across the YVT property, hence the
signature on the License Agreement Is that of Preston Shepherd, the Association's
manager.
I spoke with Ray about this previously, and he advised that It Is customary for you to
sign these particular licenses for use of YVT property without formal action of council.
Ray also had me request that the Association execute a Quit Claim Deed that I
prepared for that portion of the YVT property that abuts the Nob Hill Water Association
property, just to be sure any old clouds on the title were resolved. John Fairbrook, the
Association president did execute the Quit Claim Deed recently and It Is now being
recorded. At this point I am requesting that you sign the attached Revocable License
Agreement and return It to me so that I can provide a copy to Mr. Shepherd and file the
original In the City file. If you have any questions regarding the License Agreement,
please contact me. Thank you.