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Home My WebLink About1533 Resolutions, City Clerk RESOLUTION NO. 1533 A RESOLUTION granting a license to the BFPTBA for the use of certain public real property. WHEREAS, the Benton Franklin Public Transportation Benefit Area Authority proposes to install a bus passenger shelter at the public parking lot on the east side of Fourth Avenue between Lewis and Columbia Streets; and WHEREAS, the City Council has considered the proposal and has concluded the location and use to be compatible with the public use of the real property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the license attached hereto and incorporated herein be granted to the Benton Franklin Public Transportation Benefit Area Authority to install a bus passenger shelter on that portion of the parking lot of the City of Pasco on the east side of south Fourth Avenue between Columbia and Lewis Streets, more particularly des- cribed within the license, consistent with all provisions of the license. PASSED by the City Council of the City of Pasco this 4 day of October , 1982. "-\ E. A. Sni er, Mayor APPR VED AS TO FORM: Gfeg A. ubstello, City Attorney PERMIT FOR BUS PASSENGER SHELTER Permission and authority are hereby given and granted to the Benton Franklin Public Transportation Benefit Area Authority (the grantee), a municipal corporation organized and existing under the laws of the State of Washington, upon the terms and subject to the conditions of this permit, to install, maintain, repair, replace, and use, a bus passenger shelter on that portion of the parking lot of the City of Pasco on south 4th Avenue between Columbia and Lewis Streets and more particularly described as follows: That portion of Gerry's Addition, Block 18, Lot 13, in Franklin County, Washington, being more particularly described as follows. A strip of land seven feet in width, lying northeasterly of the north- easterly margin of the south 4th Avenue right-of-way, of the City of Pasco, and lying between two lines distant approximately 76' and 86', respectively, from the southeasterly curb line of Lewis Street and perpen- dicular to said right-of-way margin. The bus passenger shelter shall be constructed in accordance with the drawings attached to this permit as exhibits and which by this reference are Incorporated herein as if specifically set forth. The bus passenger shelter shall be maintained and used in accordance with the ordinances of the City of Pasco and the directions of the Director of Public Works for the City of Pasco or his designee. The grantee shall keep that portion of the parking lot under said bus passenger shelter in good condition and repair, safe for public use and free from snow, ice and debris, to the satisfaction of the Public Works Director of the City of Pasco This permit is subject to amendment, modification or revocation, and the permission and authority herein granted may be revoked by the City of Pasco in its discretion, at any time without the consent of the grantee. Upon termination of the privlege herein granted, by lapse of time or otherwise, the grantee wfthout cost or-expense to the City of Pasco, shall remove the structure herein authorized and restore the parking lot where disturbed by said structure or by the removal thereof, to a proper condition under the supervision and to the satisfaction of the City of Pasco Public Works Director and in accordance to the city municipal code. The bus passenger shelter shall be used only for such purposes normally attended with the con- struction and operation of a bus passenger shelter and stop The grantee shall be solely responsible for the construction, upkeep, maintenance, repair and demolition of the shelter. The shelter shall comply with all city codes and building ordinances; the design shall conform to the drawings attached to this permit, and shall be subject to all municipa] code requirements In the event of the failure, neglect or refusal of the grantee so to do, the City of Pasco will have the choice of either performing said work and charging the cost thereof to said grantee or determining what the cost of said work shall be in billing the grantee for said cost The insurance company and the grantee, as provided below, will hold and save the City of Pasco harmless from any and al] liability and expense, including judgments, costs, and damages for removal, relo- cation, alteration, repair, maintenance and restoration of any of such structure herein authorized and from any and all damages there- to on account of the location, construction, alteration, repair or maintenance of any of the parking lot or its appurtenances For the Caty of Pasco to recover from the grantee under this section, it is not necessaiy for the City of Pasco first to make said removal, relo- cation, alteration, repair, maintenance or restoration The Director of Public Works is hereby authorized to determine what cost would be involved to perform said removal, relocation, alteration, repair, maintenance or restoration, and his decision as to the amount shall be final and binding unless appealed to the City Council within ten (10) calendar days The grantee, upon receiving written notifica- tion from the Director of Public Works of the cost of said removal and restoration, shall pay immediately said amount upon demand It shall be the responsibility of the grantee to furnish the City of Pasco prior to the issuance of any building permit for this privi- lege, a copy or proof of insurance (certificate of insurance) in an amount not less than One Million Dollars ($1,000,000) for public liability and One Million Dollars ($1,000,000) for property damage, and also to name the City of Pasco as "additionally insured." Certificates renewing Insurance must be furnished to the City Clerk no later than thirty (30) days prior to the expiration of the policy. If the grantee fails to maintain, repair, replace or otherwise keep any such structure in good condition, or fail to provide yearly public liability insurance, or fail to keep the abutting premises in good condition, the City of Pasco, upon sixty (60) days notice, may remove and demolish any such structure at the sole cost of the grantee The permission and authority herein granted shall not be exercised until a building permit authorizing any such structure shall have been issued by the city and upon the faithful observance and per- formance of all and singular the conditions and provisions of this permit, and conditioned further to indemnify, keep and save harmless tne City of Pasco against all liabilities, judgments, costs, damages and expenses which may in any way come against said city in conse- quence of the permission given by this permit, or which may accrue against, be charged to or recovered from said city from or by reasons or on account of any act or thing done or omitted or neg- lected to be done by the grantee in and about the construction, reconstruction, maintenance, use and removal of the structure and the restoration of tne city parkino lot as herein required Said insurance coverage shall he continuing and in effect until the structure authorized herein is removed and the public way is res- tored as herein required. 2 DATED this 2/ day of , 1982 ACCEPTANCE BY THE BENTON-FRANKLIN PUBLIC TRANSPORTATION BENEFIT AREA AUTHORITY Title 5ii-b-/- jee, /,06.4-110 X.) 1/- E)(1STI No Cg,1 DE vvALK *ft 4-- COLUM1IIA ST S 4 Th AVE LEVVIS ST -4 V 0 w ---n./...1.--1.----1, EKISTIN4 PLANTERS \._ CORNER. OF s EX PA N SIO N JOINT C_ENTER PLACEMENT ON CE E4ISTINC3 LITTER REcEPTAGLE (7, 15 .-3" BRicK PAVERS FRONT LSGS OF FRAME 1 EXPANS/ON UOINT NOTED ABOVE A DRILL AND PLAC_E ANCHORS, GROUT AND FINISH AS REQUIRED FOR MAXImum $TRENGTH /---\ SE_E ( ) NOT TO SCALE DATE SHEET P3 en Franklin Transit S zi-T"AVE BETWEEN COLUrABIA 4 Lewl5 A PPROVE2 T60 DRAW N . -JBA