Loading...
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 n 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 i 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 / / 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 / / 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 I 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 Lk n