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Home My WebLink AboutR-1999-155 License Agreement with Valley Imaging Partners, LLC (at 314 South 11th Avenue)RESOLUTION NO. R-99- 155 A RESOLUTION authorizing and directing the City Manager to execute a License Agreement with Valley Imaging Partners, L.L.C., a Washington limited liability company, relating to a portion of South 11th Avenue in the City of Yakima. WHEREAS, Valley Imaging Partners, L.L.C., a Washington limited liability company has requested to use a portion of the right-of-way for 11th Avenue for the east wall of its building that encroaches on said real property; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to execute the attached and incorporated "License Agreement" with Valley Imaging Partners, L.L.C., to allow use of a portion of the right-of-way for South 11th Avenue to be used solely for the east wall of its building; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "License Agreement" with Valley Imaging Partners, L.L.C., a Washington limited liability company, for the use of a portion of the right-of-way for South 11th Avenue to be used solely for the east wall of its building. st ADOPTED BY THE CITY COUNCIL this 21 day of December , 1999. ATTEST: John Puccinelli, Mayor J Karen Roberts, City Clerk City Contract No. 99-131 010(mirevoubla license IrovWEent. , LICENSE AGREEMENT rtf THIS AGREEMENT is made this % day of December, 1999, by and between the City of Yakima, a Washington municipal corporation, hereinafter referred to as "LICENSOR" and Valley Imaging Partners, L.L.C., a Washington limited liability company, hereinafter referred to as "LICENSEE". In consideration of the mutual promises and covenants contained in this Agreement, the parties hereto agree as follows: 1. Grant of License. LICENSOR hereby grants to LICENSEE a license to use, subject to all of the terms and conditions of this Agreement, the following described real property located in the City of Yakima, Yakima County, Washington, to -wit: That portion of the right of way for 11`h Avenue described as follows: Beginning at the Southeast corner of Lot 8, Block 414, Capital Addition to North Yakima, Now Yakima, as recorded in Volume "D" of Plats, page 42, records of Yakima County, Washington; thence North 18 degrees West, along the Easterly line of said Block 414, 50.07 feet to the True Point of Beginning; thence continuing North 18 degrees West, along said Easterly line, 137.37 feet; thence North 72 degrees 01'15" East 0.33 feet; thence South 17 degrees 58'45" East 137.37 feet; thence South 72 degrees 01'15" West 0.28 feet to the True Point of Beginning. AFFECTING PARCEL NUMBER 181324-34460. The above-described real property may be used by LICENSEE solely for the east wall of its building that encroaches on the above-described real property. 2. No Payment Required. This license is given to LICENSEE as an accommodation with no monetary consideration. 3. LICENSOR'S Title. LICENSEE acknowledges the legal fee title of LICENSOR to the above-described real property and agrees never to deny such title or to claim title in LICENSEE'S name. LICENSEE expressly agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above- described real property of LICENSOR, by virtue of the rights granted under this License Agreement, LICENSEE'S occupancy or use under this Agreement, or any other basis. License Agreement Page 1 4. Indemnification. LICENSEE shall protect, defend, mdemmfy, and hold LICENSOR, and its agents and employees, harmless from and against any and all claims, lawsuits, damages, and liabilities for personal injuries, property damage, or for loss of life or property resulting therefrom, which in any way arise from or are connected to or related to the condition or use of the real property covered by this License Agreement, except liability for personal injuries, property damages, or loss of life or property caused solely by the negligence of LICENSOR. 5. Duration. This Agreement shall continue in force for a period of thirty(30) years. 6. Notices. Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if sent to the party, or hand delivered to the party, at the following address: LICENSOR LICENSEE City of Yakima Attn: City Engineer City Hall 129 North 2nd Street Yakima, WA 98901 Valley Imaging Partners, L.L.C. Attn: Administrator 314-B South 11th Avenue Yakima, WA 98902 7. Assignment or Sublicense. No assignment or other transfer of the license granted under this Agreement, or any interest such license, and no sublicense for any purpose shall be made or granted by LICENSEE without the express, prior, and written consent of LICENSOR. 8. Entire Agreement. This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding License Agreement Page 2 only if evidenced in writing signed by each party or an authorized representative of each party. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Yakima, Washington on the date indicated below. CITY OF YAKIMA By: R. A. Zais, Jr. City Manger Date: / -- .7-9. `I VALLEY IMAGING PARTNERS, L.L.C. Arthur D. Cove Administrator Date: City Contract No. 99-131 Resolution No. R-99-155 License Agreement Page 3 rL-2-i-i? BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 0 For Meeting Of / — a I- 9 9 ITEM TITLE: Resolution authorizing execution of License Agreement with Valley Imaging Partners, L.L.C. for the use of a small portion of South 11th Avenue. SUBMITTED BY: Raymond L. Paolella, City Attorney CONTACT PERSON/TELEPHONE: Raymond L. Paolella, 575-6030 SUMMARY EXPLANATION: Valley Imaging Partners, L.L.C. submits for City Council consideration the attached License Agreement to permit the use of a tiny portion of the right-of-way of South 11th Avenue for medical building purposes. A recent survey by PLSA Engineering determined that the existing medical building located at 314 South 11th Avenue encroaches in the City right-of-way by up to 2.75 inches. Apparently, this condition has been in existence for many years or decades. The proposed License Agreement would be for a term of thirty years, and affects an area located outside of the existing street and sidewalk. Resolution X Ordinance _ Contract Other(Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (1k)agenda/valley imaging-rlp DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Office of Code Administration 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 575-6121 • Fax (509) 576-6576 August 12, 1999 Valley Imaging Partners, LLC 314-B S. 11th Ave. Yakima, WA 98907 G.E. Capital Public Finance, Inc. 8400 Normandale Lake Boulevard Suite 470 Minneapolis, MN 55437 Re: Boundary Encroachment and Setback Requirements of 314 South 11th Avenue To Whom it May Concern: This letter is to verify that the City of Yakima, Washington (the "City") is now aware of an apparent encroachment by the building located at 314 South 11th Avenue, Yakima, Washington. You have stated that your most recent survey indicates that the building is sitting anywhere from 0.18 feet and 0.23 feet on the eastside into public right-of-way. This building is quite old (in fact, was originally used for years as Mayfair Market) and there may be a lot of factors come into play that actually considered it legal at that time. And, actually, we have seen surveys done for the same piece of property that differ by more than those amounts you have described to us. We don't have an issue with where the building is sitting and won't utilize that portion of the right-of-way. The City is also aware that the building is not in compliance with the current setback requirements on the south and west sides of the building. The City will not enforce the current setback requirements on this property. If you have additional questions, please feel free to call at 576-6647. Sincerely, 4.,CO,. Sandy y Code Inspector