HomeMy WebLinkAbout1381 ResolutionChet Bailie, Mayor
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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
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