Loading...
HomeMy WebLinkAboutR-1998-084 Yakima Avenue / I-82 Phase 1CRESOLUTION NO. R-98-84 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute the attached Memorandum of Understanding with the Yakima Housing Authority as a record of the parties' agreement and respective responsibilities regarding mitigation of the impacts of the construction of the I-82/Yakima Avenue Interchange and Fair Avenue Project on properties owned by the YHA. WHEREAS, the City of Yakima is a participant in the construction of the I-82/Yakima Avenue Interchange and Fair Avenue Project, commonly referred to as the "Yakima Gateway Project"; and WHEREAS, the Yakima Housing Authority owns and operates two housing project sites which are impacted by the Gateway Project, specifically identified as the Fair Avenue Site situated at 110 South Fair Avenue and the North Tenth Street Site situated at 201 North Tenth Street; and WHEREAS, the Yakima Housing Authority has made demands upon the City that it take certain measures to mitigate the adverse impacts of the Gateway Project upon its beforementioned sites and has threatened a possible inverse condemnation claim as to the North Tenth Street Site; and WHEREAS, the City and the Yakima Housing Authority have reached an agreement regarding mitigation of the impacts upon both of the Yakima Housing Authority's beforementioned sites; and WHEREAS, in consideration of this Agreement, the Yakima Housing Authority does agree to release and forever discharge the City from any actions, causes of action, claims, damages, costs, expenses, and compensation related to the adverse impacts of the Gateway Project upon its Fair Avenue Site and North Tenth Street Site, including without limitation, any inverse condemnation claim which the Yakima Housing Authority may have against the City of Yakima related to either site; and WHEREAS, the City Council deems it to be in the best interest of the City to execute the attached Memorandum of Understanding with the Yakima Housing Authority as a record of the parties' agreement and respective responsibilities regarding mitigation of the impacts of the construction of the I-82/Yakima Avenue Interchange and Fair Avenue Project on properties owned by the YHA, now, therefore, (Ik)res-YHA-I-82 constr.-jc BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated Memorandum of Uunderstanding with the Yakima Housing Authority. ADOPTED BY THE CITY COUNCIL this 2nd day of June ,1998. ATTEST: Actiing City Clerk (1k)res-YHA-I-82 constr.-jc hn Puccinelli, Mayor MEMORANDUM OF UNDERSTANDING 1. PARTIES: 1.1 City of Yakima, a Washington municipal corporation, hereinafter the "City". 1.2 Yakima Housing Authority, a Washington non-profit corporation, hereinafter "YHA". 2. RECITALS: 2.1 The City is a participant in the construction of the I-82/Yakima Avenue Interchange and Fair Avenue Project, commonly referred to as the "Yakima Gateway Project" (hereinafter "Gateway Project") . 2.2 YHA owns and operates two housing project sites which are impacted by the Gateway Project, the Fair Avenue Site situated at 110 South Fair Avenue and the North Tenth Street Site situated at 201 North Tenth Street. 2.3 YHA has made demands upon the City that it take certain measures to mitigate the adverse impacts of the Gateway Project upon its beforementioned sites and has threatened possible tort or inverse condemnation claims in respect to both sites. 2.4 The City and YHA have reached an agreement regarding mitigating of the impacts upon both of YHA's beforementioned sites, and it is the purpose of this Memorandum of Understanding to make a record of the parties' agreement and their respective responsibilities in respect thereto. Page - 1 LAWRENCE BERREY ATTORNEYS AT LAW I 17 NORTH THIRD STREET, SUITE 20 I POST OFFICE BOX 1586 YAKIMA, WASHINGTON 98907 TELEPHONE (509)453-5604 3. AGREEMENT: In consideration of the foregoing recitals and the following mutual covenants, the City and YHA agree as follows: 3.1 Fair Avenue Site - Access: 3.1.1 The City will convey ownership of the real property owned by it situated at 1018 East Chestnut to YHA within ten (10) business days following the approval thereof by the Yakima City Council ("Council"). 3.1.2 Fee simple title to said property will be conveyed to YHA by quit claim deed. Such title will be free and clear of any monetary encumbrances but will be subject to such easements and restrictions as were of record when the City acquired the property. The City will not be obligated to provide YHA with a policy of title insurance, but YHA may obtain such insurance, at its expense. The City will prepare the deed or cause it to be prepared, together with an excise tax affidavit, at its expense, and YHA will record the same at its expense. 3.1.3 YHA will be entitled to possession of said property upon the delivery of said deed to YHA. 3.1.4 After YHA takes possession of said property, it will demolish and remove the vacant residence situated thereon and construct a new access way over the property to its maintenance and project site on the adjoining property to the south and east, at its expense. YHA will additionally be Page - 2 LAWRENbE BERREY ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 20 I POST OFFICE BOX 1586 YAKIMA, WASHINGTON 98907 TELEPHONE (509)453-5604 responsible for all related modifications to any affected utilities, sidewalks, curbs and gutters, asphaltic paving, striping, and landscaping. 3.1.5 Upon the completion of the new access way, YHA will close the existing Fair Avenue access to its project site and relocate it to the new access way on East Chestnut not later than November 1, 1998. 3.2 Fair Avenue Site - Retaining Wall, Fence and Sidewalk: 3.2.1 The City will pay YHA the sum of $76,000 as follows: $71,000 will be paid within ten (10) business days following the approval thereof by the Council as payment for damages and the construction of mitigation measures, including the construction of a concrete retaining wall and fence along the west line of the sidewalk which borders its property on Fair Avenue for the full length of the Fair Avenue Site; the extension of the sidewalk, including the curb and gutter, across the two existing accesses to the project site along Fair Avenue; and the reconstruction of the curb radius of the southwest corner of the intersection at Fair Avenue and East Chestnut as mutually agreed upon between the parties. The balance of $5,000 will be paid within ten (10) business days of the dedication by YHA to the City of 200 square feet, more or less, within the northeast corner of the project site, to accommodate the new curb radius, Page - 3 LAWRENCE BERREY ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 20 I POST OFFICE BOX 1586 YAKIMA, WASHINGTON 98907 TELEPHONE (509)453-5604 subject to YHA securing approval for said dedication from the U.S. Rural and Economic Community Development Administration. 3.2.2 Following the receipt of said payment, YHA will construct said described location, later than November retaining wall and fence in the above at its expense, and complete the same not 1, 1998. The manner in which the retaining wall and fence are constructed will be as YHA shall elect, but the same shall be constructed in accordance with the City's building code and shall maintain two fire access lanes by providing "crash -through" type barriers. The City will not be obligated to reimburse YHA for any excess costs incurred by it in constructing the beforementioned mitigation measures. YHA will not be obligated to account to the City for the expenditure of the funds received from the City. 3.3 North Tenth Street Site - Transfer of Parcel: 3.3.1 YHA will convey to the City fee simple title to a portion ("parcel") of its North Tenth Street Site ("Tenth Street Site") consisting of 1,040 square feet, more or less, in the location of what is commonly referred to as "Parcel 54- YG048", subject to YHA obtaining HUD approval for the conveyance thereof. $5,000. Page - 4 3.3.2 The purchase price for said parcel will be LAWRENCE BERREY ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 20 I POST OFFICE BOX 1586 YAKIMA, WASHINGTON 98907 TELEPHONE (509)453-5604 3.3.3 The City will pay all fees and costs associated with the segregation of said parcel from the remainder of YHA's property, including survey costs. The survey is to be completed as soon as possible following the approval of this Agreement by the Council. 3.3.4 The sale of the parcel will be closed within thirty (30) days after all necessary approvals have been obtained and is to be conducted in the usual and customary manner for the closing of real estate transactions in Yakima County, except that the City will pay all closing fees and costs, including title insurance. 3.4 North Tenth Street Site - Mitigation Measures: 3.4.1 The City will construct a new access to the site when new street construction is undertaken in connection with completing the Gateway Project, at its expense. In addition, the City will revise the existing parking lot configuration to relocate the handicap parking and accommodate the location of the new access. YHA grants the City permission to enter upon the site as necessary to facilitate the work to be done by the City pursuant to this Section 3.4.1 and Section 3.4.2 below. 3.4.2 If any existing utilities serving the site need to be moved when new street construction is undertaken in connection with completing the Gateway Project, the City will Page - 5 LAWRENCE BERREY ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 20 I POST OFFICE BOX 1586 YAKIMA, WASHINGTON 98907 TELEPHONE (509)453-5604 relocate and reconnect the same, at Project expense, as is customarily done to ensure minimum disruption in utility services to the site. 3.4.3 The City will not require the northernmost building on the site to be moved because of zoning setback requirements following the segregation of the parcel referred to in Section 3.3 above from the site. 3.4.4 No other mitigation measures will need to be completed by the City. 3.5 Release by YHA: In consideration of this Agreement, YHA does hereby irrevocably release, hold harmless, and forever discharge the City, including its council members, managers, officers, employees, contractors, and agents, from any and all known or unknown actions, causes of action, claims, damages, costs, expenses and compensation, on account of or in any way growing out of the adverse impacts of the Gateway Project upon its Fair Avenue Site and North Tenth Street Site, including, without limitation, any tort or inverse condemnation claims which YHA may have against the City in relation to either site. 3.6 Other Agreements: 3.6.1 The City and YHA will cooperate with each other in good faith in taking all necessary actions to implement the agreement represented by this Memorandum of Understanding in a timely manner. Page - 6 LAWRENbE B RREY ATTORNEYS AT LAW 117 NORTH THIRD STREET, SUITE 201 POST OFFICE BOX 1 586 YAKIMA, WASHINGTON 98907 TELEPHONE (509)453-5604 3.6.2 YHA agrees to seek all required HUD and other approvals in a timely manner. 3.6.3 The City agrees to seek all Council and other approvals in a timely manner. 3.6.4 This Memorandum of Understanding, once approved and signed, will represent the entire agreement of the parties and will supersede all prior negotiations and agreements in respect to the subject matter hereof. Any modifications hereof must be in writing and signed by the parities. 3.6.5 In the event a disagreement arises in respect to the terms hereof, the parties agree to attempt to negotiate a good faith settlement thereof first directly and, if that is not successful, through an experienced mutually agreeable mediator whose fee is to be shared equally by the parties. In the event this process does not result in a settlement, the parties further agree that either party may institute an action in the Yakima County Superior Court, which will have exclusive jurisdiction, in which event the prevailing party will be entitled to recover its reasonable attorney's fees and costs. In such event, any ambiguity or unclear provision herein will not be construed against either party. 3.6.6 This Memorandum of Understanding will be binding upon not only upon the parties but also their successors and assigns. Page - 7 LAWREN?E BERREY ATTORNEYS AT LAW 1 1 7 NORTH THIRD STREET, SUITE 20 I POST OFFICE BOX 1586 YAKIMA, WASHINGTON 98907 TELEPHONE (509)453-5604 CITY OF YAKIMA, a municipal corporation: By: Its City Manager Date: ATTEST: CRky City R. A. Zai, Jr. YAKIMA HOUSING AUTHORITY, a Washington non-profit corporation: By: Its Date: City Contract No City Resolution No. R-98-84 Page - 8 FINNEY, FALK & LAWRENCE-BERREY ATTORNEYS AT LAW I I 7 NORTH THIRD STREET, SUITE 20 I POST OFFICE BOX I 586 YAKIMA, WASHINGTON 98907 TELEPHONE (509)453-5604 5/28/98 PRELIMINARY Yakima Avenue / 182 Phase 1C HUD Housing Settlement FAIR AVENUE SITE Replace existing fence along Chestnut and Fair. Install new fence along remainder of HUD propertyon Fair. Install concrete retaining wall along entire Fair Ave frontage. Replace 1 commercial driveway and 1 residential driveway, both on Fair Ave. Acquire 200 sf additional ROW at intersection of Chestnut & Fair. Modify existing curb radius at intersection. Right -of -Way Construction Engineering/Contingency Total $800.00 $58,700.00 $16,400.00 $75,900.00 $76,000.00 Right -of -Way and work at intersection $5,000.00 10TH STREET SITE Acquire 1040 sf additional ROW. Utility modifications to be completed with city contract for street improvements, if necessary. Driveway and parking lot will be modified with the city contract for street improvements. Right -of -Way Total $5,000.00 $5,000.00 TOTAL HUD PORTION Cash Now Conditional for Fair Avenue Site Conditional for 10th Street Site Total $71,000.00 $5,000 00 $5,000.00 $81,000.00 Summary 5/28/98 PRELIMINARY Yakima Avenue / 182 Phase 1C HUD Housing Settlement Fair Avenue Site Replace existing fence along Chestnut and Fair. Install new fence along remainder of HUD property. Install concrete retaining wall along entire Fair Ave frontage. Replace 1 commercial driveway and 1 residential driveway , both on Fair Ave. Acquire 200 sf additional ROW at intersection of Chestnut & Fair. Modify existing curb radius at intersection. PROJECT LENGTH STREET PROJECT COSTS Right-of-way Construction 529 feet Quantity Units Price Cost 200 SF $4 00 $800.00 Chain link fencing 5 feet high 529 LF $12.50 $6,700.00 Retaining Wall 4 feet high 2116 SF $16 00 $33,900.00 Rebuild curb & gutter for one driveway (commercial) LS $3,000 00 $3,000.00 Rebuild curb & gutter for one driveway (residential) LS $1,500.00 $1,500.00 New curb @ Fair & Chestnut LS $3,000.00 $3,000.00 Landscaping 529 LF $10 00 $5,300.00 Survey for wall LS $1,000.00 $1,000.00 Construction Sub Total $54,400.00 WSST 7.90% $4,300 00 Design, Management & Contingency 30% $16,400.00 TOTAL PROJECT $75,900.00 Fair Ave $75,900 5/28/98 PRELIMINARY Yakima Avenue / 182 Phase 1C HUD Housing Settlement 10th Street Site Acquire 1040 sf additional ROW. Extend sewer and water lines to clear new road allignment. Install sight/noise screening along new street alignment. Driveway and parking lot will be modified with the city contract for street improvements PROJECT LENGTH STREET PROJECT COSTS Right-of-way (including survey) Construction (Conditional Payment) 200 feet Quantity Units Price 1040 SF $4.80 Cost $5,000.00 Sewer & Water Stub extensions 2 EA $0.00 Extend overhead utility lines 2 EA $0.00 Screening 6 feet high 1200 SF $0 00 Install on Private Property Landscaping 200 LF Relocate Driveway Include in City Project No Direct Payment Rearrange Parking Lot Include in City Project No Direct Payment Construction Sub Total (Conditional Payment) WSST Design, Management & Contingency 30% Total Conditional Payment 10th St 7.90% $0.00 $0.00 $0.00 $0 00 $0.00 $0 62_1C -82 Ph 1C h St Site Mosaic of Digital Orthophotography flown 03/12/94 0 50 100 Created: May 28,1998 AIL-82Ph1C Wr Ave S rte Mosaic of Digital Orthophotography flown 03/12/94 IF ;(1)( he 4111$. Scale - 1 in = 100ft • • 0 O 0 50 100 Created: May 28, 1998 BUSINESS OF THE CITY COUNCIL YAKI]tiA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of Tune 2, 1998 TTEM1 TITLE: Yakima Avenue/1-82 Phase 1C, Yakima Housing Authority Settlement SUBMITTED BY: Department of Community and Economic Development Neighborhood Development Services Division and Engineering Division CONTACT PERSON/TELEPHONE: Bill Cook, Manager and / 575-6101 /�.„ Fred French, City Engineer / 575-6096 SUM lArn E\PLANATION: Additional right-of-way for the completion of the B Street portion of the couplet is required from Housing Authorih property on 10th Street. Recent discussions on this and continuing issues from Project Phase 1B, affecting Housing Authority property on Fair Avenue at Chestnut have occurred. A settlement agreement has been reached on the above two issues and it is within the pre\ iousl\ approt ed budget for the project. The agreement is submitted as a Memorandum of Understanding. Resolution \\ Ordinance Contract Other (Specify) Memorandum of Understanding Funding Source 143 Arterial Streets, Yakima Avenue - I-82 Phase 1C Project Budget APPROVED FOR SUBMITTAL: \` City Manager STAFF RECOMMENDATION: Approve the attached Resolution authorizing the City Manager and City Clerk to sign the Memorandum of Understanding with the Yakima Housing Authority. COUNCIL ACTION: -- May 2- 199E