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HomeMy WebLinkAbout1381 ResolutionChet Bailie, Mayor 22e---(Z-_--Y 1 s, City Clerk ATTE APPROVED AS TC FORM Dennis De Felice, City Attorney i RESOLUTION NO 138 1 A PESOEUTION AUTHORIZING THE MAYOR OF THE CITY OF PASCO TO ENTER INTO AN AGREEMENT WITH THE PORT OF PASCO WHFPEAS, The city of Pasco is currently in the process of redeve'oping the PEISCO municipal Golf Course, and WHEREAS, A portion of the grading work being done is to include sloping on land owned by the Port of Pasco, and WHEREAS, It is mutually deemed beneficial to both the City and the Port to enter into this Agreement, NOV, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO Section 1 That the City Council of the City of Pasco hereby approves and authorizes the Mayor of the City of Pasco to sign the Agreement referred to above, a copy which is attached, marked Exhibit "A" PASSFP by the City Council of the City of Pasco this November , 1900 3 day of By Chet I ilie , May or By AciRr.EMENT THIS ACRI,FMFNT is made and entered into this day of , 1980, by and between the Port of Pasco, a municipal corporation, hereinafter called "Port", and the City of Pasco, a municipality, hereinafter called "City", WITNESSETH WHEREAS, the City requests permission for its contractor, A-J Corporation, to slope Port land in the Southwest Ouarter of Section 18 by grading to a slope from Port land in the Southeast Quarter of the Southwest Quarter of Section 18, downward to the golf course north property boundary, which is the section line separating Sections 18 and 19, and WHERFAS, the City may, during the construction of the new golf course, cause fill to be spread over and onto Port lands, NOW, THEREFORE, it is hereby UNDERSTOOD AND AGREED between the Port and the City as follows (1) City, through its contractor, A-J Corporation, agrees to stabilize the lands shown in Exhibit "A" so as to prevent any blowing of dust, sand, or dirt during the construction phases (2) City, through its contractor, A-J Corporation, agrees to taper all rough edges of Port lands at the perimeter of the sloped area to prevent erosion by adequately and properly seeding and fertilizing with bunch grass and rye grass the lands in question and to irrigate said land regularly and evenly until a ground cover is satisfactorily re- established (3) In addition to the foregoing undertakings, the City agrees that it will seasonably and at all times hereafter, while such ground cover is permanently establishing itself, maintain, protect, and irrigate said ground cover to the end that the same shall become a permanent and lasting ground cover capable of holding the soil which was originally uncovered by the City through its contractor, A-J Corporation (4) In furtherance of the City's responsibility to seed and protect the ground co\,er as above set forth, the City agrees to furnish to the Port a good and sufficient surety bond with a surety company licensed to do business in the State of Washington in an amount of not less than Five Thousand & 00/100 (55,000 00) Dollars with premiums therefor prepaid for a period of not less than five (5) years, the conditions of which bond shall he that the ground cover as established by the City as above provided shall be maintained constantly by the City for a period of not less than five (5) years following the date of this agreement and for failure of which performance such bond ,,hall he forfeited to the Port (5) Upon establishing the ground cover as above provided and upon furnishing of the bond as herein set forth, the Port releases to the City and its contractor, A-I (AprporatIon, involved in the consttuction above mentioned, from any and all damages in connection with prior trespasses upon the lands described in Exhibit "A" IN WITNESS WHE 1.,01 , the parties hereto have hereunto set their hands this ..._? day of , 1980 x PORT Or PASCO crry . or PASCO By By t ommissioner Commissioner E ely i i ells, City Clerk 2 SIA11_, (Jr WASHINGTON) ss ounty of Franklin ) On this day of , 1980, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the Commissioners of the Port of Pasco, the corporation that executed the for egoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporation seal of said corporation Witness my hand and official seal hereto affixed the day and year first above written Notary Public in and for the State of Washington, residing at S'INIE OF WASHINGTON) SS. County of Franklin On this day of , 1980, before me, the undersigned, a Notary Public in an. for the State of Washington, duly commissioned and sworn, personally appeared Chet Bailie and Evelyn Wells, to me known to be the Mayor and City Clerk, respectively, of the City of Pasco, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the tree and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation Witness my hand and official seal hereto affixed the day and year first above written Notary in d for tne Washington, residing at 7.nr, , )3 0(1) (11 . •t .r I ulo , „ -- - ._ n.. -1 0 Y -i -1 . ....„—/----- - 11 0 - C 11 n 111 t - — 0 D G1 LI) 0 n f•-) ().\ I 1 0 fr r n n _< 4 r • 1 2-1 • I 1 •N`—• 0 sfq tgoroOyetIrrt 37.! er F n f) • • (; , 1;;; - •••,, ‘11930 oar n••.•••—•-• **-6. - w •-•••;"4,d --x -33 •74 ••.n•••••2.7•701n••.119.51....1.,,,isidt.airallemilar- Hbvn0C1 (:)Z3 :313 19 no.? fl77 tzic,cN4 3C3V) CV7:72: K3 Ott d -L-Z.-.)93 N7 Q N 3 VI:14 19 r i 0 " -s.--- t ^-j I • " - - _ g•-••• • „ 2 _ 41_ -r - • "R. •• k•-• • • v • - :•• • • • " - ' 0