HomeMy WebLinkAbout2112 ResolutionRESOLUTION NO. \\
A RESOLUTION of the Pasco City Council accepting the
licensing agreement from the Franklin County Irrigation District
which authorizes two underground crossings for the purpose of
conveyance of sanitary sewerage, and further authorizing the City
Manager to enter into agreements with private developers
WHEREAS, two private developers have each respectively proposed
developments within the City Limits at the Road 100 and Road 68
interchange areas of the City, and
WHEREAS, in order to facilitate the availability of extending the City's
system of sewerage to the areas proposed for development it is necessary that
sewer mains pass under the existing Franklin County Irrigation District canal,
and
WHEREAS, the Franklin County Irrigation District has approved a
licensing agreement with the City for such crossings and both developers are
willing to enter into agreements with the City permitting them to make the
improvements at their sole cost and expense, now, therefore,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON
DOES RESOLVE AS FOLLOWS:
1. The licensing agreement offered by the Franklin County Irrigation
District No 1 authorizing two underground crossings for the purpose of the
conveyance of sanitary sewerage, a copy of which is attached hereto and
incorporated herein by this reference is hereby accepted and the Mayor is
authorized to sign the same on behalf of the City
2. The City Manager is authorized to enter into agreements with
private developers for the construction of the crossing improvements, which
agreements shall require the developers to be in full compliance with all
terms and provisions of the licensing agreement, make adequate provision
for their financial responsibility in the case that any damage claims or
penalties for noncompliance arise from their construction, and that the cost
of such improvements shall be at the sole cost and expense of the respective
developer The agreements shall also provide that when the construction is
completed and accepted by the City, the improvement will become the
property of the City
Passed by the City Council of the City of Pasco, at a regular meeting
this 7th day of February, 1994
CITY OF PASCO:
ATTEST:
APPROVED AS TO FORM:
CATHERINE D SEAMAN
Deputy City Clerk
Resolution No. Page 2
ID FEB H - 14 47 Ho HH - F
LICENSE AGREEMENT
I
Ara( IN COUNTY IRRIGATION DISIRDCT NO 1, hereinafter
refer ed to as "District", and the CITY OF PASCO, a municipality,
hereitiafter referred to as "City", agr e e as follow
HEREAS, the City is desirous of constructing underground
crossings as follows
k 1
A. 011e (1) underground crossing just north of Argent Road
near Road 7 for purposes of conveyance of sanitary c.ewerage by the
City and th& placement of condui t s for other utility services to be
operated and controlled by the Tty, and
B. One (1) underground crossing on the east side and
adjacent to the Road 100 crossing of the canal for purposes of the
conveyapce of sanitary sewerage by the City and the placement of
conduits for utility services to be operated and controlled by the
City; and i
WHEREAS, the City has condemnation authority pursuant to RCW
Ch. 8 12 for the development of sewer collection facilities and
utility services of the City, and
WHEREAS, the District is desirous of avoiding a condemnation
proceeding, and is desirous of benefiting the District water users
by better sewerage services and utility services through the
developmen of the City's betterment project, and
WHER AS, the City intends the better sewe/ services and
utiiity se vices to be made available to District v:ater users in
the future
NOW, THEREFORE, in consideration of the terms and provisions
here f, the avoidance of a condemnation proceeding against the
Dist let, and the benefit of the )District water users by the sewer
bett rment project for the City and the District water users, and
the expansion of utility services, it is agreed between the City
and the District as follows
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1. The District does hereby grant without warranty to the
City a license to construct, operate and maintain under the
following-described lands a sanitary sewer line with necessary
appurtenances and r asonable utility conduits with necessary
appurtenances. The land subject to this license is described as
follois-
A. A 20 foot wide erossling across the Franklin
County Irrigation District No 1 West Pasco
Main Canal right-of-way, more particularly
described in Exhibit "A"
ID
FED H - i' 14 47 Ho HH - F H
B. Ail that real property situated in the
southwest quarter of Section 17, Township 9
North, Range 29 East, W M , Franklin County,
Washington, more particularly described as
follows
Beginning at the northwest corner of said
Section 17, thence south along the west line
of said S lection, \ 1200 87 feet, thence east,
31 0 feet', to a point on the north margin of
the Franklin County Irrigation District Canal
being the true point of beginning, thence east
along said north 'imargin, 20 00 feet, thence
south, 100 00 feet to a point on the south
margin of said canal, thence wets along said
margin, 20 00 feet, thence north, 100 00 feet
to the true point of beginning, containing
2000 sq ft , more or less
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2. The City and its successors ond assigns agree to defend,
indemnify and hold harmless the District and its directors,
officers, agents, and employees from any and all claims of whatever
nature or kind, incl luding, but not limited to, those brought by
employees of the City, its successors and assigns, its contractors
or subcontractors, arising out of or as a result of any act or
failure to act, whether or not negligent in connection with the
construction, use, repair and maintenance of the cati3O crossing or
the license herein granted, except to the extent of the District's
own negligence and intentional wrongs The City and )ts successors
and assigns agree to defend and pay all costs in defending all
claims, including attorney's fees This indemnification and hold
harmless provision eXtends to any and all damages of whatever Kind,
including consequential damages, which may result from such
aforementioned claims In furth rance heleof, the City and its
successors and assigns specifically waive all rights of immuniLy
under the Industrial Insurance laws of the State of Washington ROW
51 04010, et seq , for all claims, causes of actions and demands
made Iy the 'strict against the City or its successors and assigns
as a esult of any claim made against the District
i
. Th
canal crossi
subje t to t
agrees to
including, b
City covenants and agrees that the design of the
gs described above shall, prior to construction, be
e approval of the District The City covenants and
ay miscellaneous costs incurred by the District,
t not limited to, the District's actual attorney's
fees and engineering fees The City and the District further agree
that in the event of any action or suit between the City, or its
successors and assigns, and the District, or its successors and
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i LICENSE AGREEMENT - Page 2
III
1
FEB 11 - J1 14 4 Ho Hil - 1;1
i
iassig s,to nforce any of the terms or provisions hereof, the
succ ssful party shallfbe entitled to recover from the unsuccessful
part, in addition to costs and disbursements allowed by law, a
reasonable sum as att rney's fees to be determined by the court
1
4. The City an its successors and assigns agree that the
construction and maintenance of the facilities crossing over, under
and across the District's canal shall be the sole and singular
responsibility and cost of the City and its successors and assigns,
with the City and its succeslsors and assigns being solely
responsible for all design and safety provisions concerning the
crossing The City and its successors and assigns agree that the
crossings, access thereto, and attendant facilities thereto shall
not in any manner impair or inhibit delivery of irrigation water
through the District's canal facilities) nor block, impair, inhibit
or p ohibit the use by the District of its canal right-of-way, the
delivery of rrigation water, nor the maintenance and repair of the
canal facili ies by the District
1 5. In constructing the canal crossing, any District
facilities that are required to be moved or modified shall be so
moved and modified at the sole cost and expense of the City and
shall be moved and\ modified in a manner and in a design approved by
the District, whic design, movement and construction must continue
and maintain the istrict's providing of irrigation water through
said facilities i a volume and manner sufficient and consistent
with the prior del very of irrigation water through said facilities
by the Disrrict
6. This li ense shall terminate upon the abandonment of the
use of the canal crossing by the City or its successors or assigns,
or upon breach of the City or its successors or assigns of the
covenants and agreements as herein contained Upon such breach, 1 District sh 11 give City thirty (30) days written notice of the
breach, in W ich thirty (30) days the Cirty shall cure the breach or
take affirm tive curative action to Cure the breach. If the
curative ac ion is not taken within the thirty (30) day period, or,
if curative action is taken but is not completed within six (6)
months thereafter, then this license shall terminate.
Notwithstanding any term or provision of this agreement, if the
District is\ prevented by law from complying with any term or
provision of this agreement, then, in that event, the term or
provisilDn of this agreement so prohibited by law from being
complied with by the DistrictHr its employees, agents, servants or
contractors shall be deemed immediately terminated, and the
district shall not be liable to the City or its successors and
assigns, nor to any other person or entity, for any such
termination, nor for any damages, lost profits, or any other claims
whatsoever as a result of such termination
i
LICENSE AGREEMENT - Page 3
IDI FEB II - A 1J .1_1 Ho im — F tic'
7. xcept as otherwise provided herein, and except as may be
required by law, this license and its terms and provisions shall be
binding upon the parties hereto, their \r employees, servants,
officers, directors, agents, and successo s and assigns The
parties agree that this license is non-assignable, except to a
direct successor of the City who !continues to carry on the same
function as the City in the operation and maintenance of sewerage
disposal ystems, and except for an assignment which has the prior
written pproval of the District: Further, the City shall be
authoriz4I to contract with a private developer to construct a
sewer line and place utility con uits in the crossing which is
c under the control of the City, andr which is to become the property
of the City, and which is to be operated and maintained by the City
following construction and connection to the City's system of
sewage disposal and utility services.
8. It is further specifically agreed between the City and
its successors and assigns and the District that the initial
construction and placement of sewer lines and utility conduits
shall be completed on or before March 1, 1994, and any subsequent
construction or modification work that may be required with regard
to the ewer lines and utility conduits originally placed in the
license premises shall be performed and done after irrigation
water h s been turned off in any year, and all such work shall be
complet on the canal crossing and culvert, and the canal and
irrigati n system of the District shall be available and able to
carry ir igation water prior to March let of any succeeding year
Any and all emergency repair and maintenance work shall be
performed in a timely manner so as to minimize interruption of the
carriage of irrigation water through the irrigation district
facilities Any construction, repair, maintenance, or modification
work, other than emergency repair and maintenance work, that is not
completed prior to March 1st of any year shall cause the City to
pay to the District upon demand the sum of $1,000 00 per day for
each day after March 1st \that said work is not f completed or in any
manner interferes with the District's opeiations and maintenance of
its facilities. In addition to said payment, the District shall be
authoized all right at law and equity, and all rights as provided
under the terms and provisions of this license against the City for
failure td, complete construution on or prior to March 1st The
District will notify the City in writing of its intent to claim the
above per diem payment ot $1,000 00 per day The $1,000 00 per
diem amount shall increas, annually by the same percentage as the 1 Consumer Price Index For All Items Urban Increases as said index is
quoted by the United States Department of Labor or other successor
governmente l l entity as said index is quoted icyr the closest
metro p olitan area to the District
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LICENSJE AGREEMENT - Page 4
1
FEB "- I-I 14 4J Hil 'II I • 1 iti
9. This documen may be frecorded by the City in the public
records of Franklin Cou ty, Stat4e of Washington, to become a matter
of public record
DATED this
dy of February, 1994.
FRANKLIN
DISTRICT
COUNTY IRRIGATION
NO 1
I D
Chairman
Attest
Secretary
\
I
CITY OF PASCO
STATE OF WA
COUNTY OF
HINGTON )
) ss
)
Oni this day of , 19 , before me,
the undersigned, a Notary Public in and for the State of
Washington, duly commissioned and sworn, personally appeared
and , tome
known to be the Chairman and Secretary, respectively, of FRANKLIN
COUNTY IRRIGATION DISTRICT NO 1, the municipality executing the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said municipality, for the
uses andpurposes therein mentioned, and on oath stated that they
L are auth rized to execute the said instrument on behalf of said
municipality 1
WITNESS my hand and official seal hereto affixed the day and
year first above written.
Notary Public in and for the
State of Washington, 1 residing at
i LICENSE AGREEMENT - Page 5
I Li FEE II - J 1 14 :-11 Ho H 11- F
i
STATE OF WASHINGTON )
) SS
COUNTY OF
)
On this this day personally appeared before I me
, to me known to be the individual
described in and who executed the within and foregoing instrument,
and acknowl dged that signed the same as free and
voluntary acj and deed, for the uses and purpose therein mentioned
GIVEN nder my hand and official seal this day of
1 , 19
Notary Public in and for the
State of Washington,
residing at
STATE OF WASHINGTON )
) Sc
COUNTY OF )
On this day personally appeared before me
, to me known to be the individual
described in and who executed the dthin and foregoing instrument,
and acknowledged that signed the same as free and
voluntary act and deed, for the uscs and purpose therein mentioned
i GIVEN under my !hand and official seal this day of
, 19 ,
i
Noti;ry Public in and for the
State of Washington,
residing at
i
I
LICENSE AGREEMENT - Page 6
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ID FEE: 14 N Ho 1111 - I
LEGAL DESCRIPTiON
for
Fropoxed Road 72 FCED Csual Cruvting
A Strip of land 20 feet wide, beguang at a point 30 feet south of the center of the
concrAte lining of the FCID Canal and runningi to a point 20 feet north of the
center of the concrete lining of the Fi C I D Canal, the centerline of which is
parallel to and twenty 11,et west of the north-south centerline of the SW1/4 of
Section 16, T 9N, It_ 9E , W M, and situated in the City of Pasco, County of
Franklin, State of Waington
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