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HomeMy WebLinkAboutR-2002-083 Government Services Administration (GSA) Revocable License Agreement (re: William O. Doughas Federal Courthouse securitRESOLUTION NO. R-2002- 83 A RESOLUTION authorizing and directing the City Manager to execute a revocable license agreement with the General Services Administration, on behalf of the United States of America (GSA), relating to a portion of Chestnut Avenue and South Third Street in the City of Yakima, Washington. WHEREAS, GSA has requested a license and right to install a series of 50 cast metal security bollards to provide for a security buffer zone surrounding the William 0. Douglas Federal Courthouse Building on Chestnut Avenue and South Third Street to protect against potential security risks to the Courthouse Building; and WHEREAS, under the Washington State Environmental Policy Act (SEPA), the installation of said security measures is categorically exempt from review; and WHEREAS, this is not a proposal to permanently vacate the City's rights-of-way in and to the subject real property; and WHEREAS, although the subject portion of Chestnut Avenue and South Third Street may be needed for street purposes in the future, said subject portion is not necessary for street purposes at the present time; and WHEREAS, the Yakima City Council finds and determines that it is in the public interest to grant GSA a revocable license to use the said portion of Chestnut Avenue and South Third Street for security purposes as set forth herein until such time, not prior to July 1, 2022, as the Yakima City Council determines that it is necessary to terminate said license; and WHEREAS, the City of Yakima reserves the right to terminate and revoke said license in accordance with the termination provisions contained therein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Page -1 The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated�"Revocable License Agreement" with GSA for the use of a portion nT Chestnut A�Ten e and South �� Third Street in the City of Yakima, Washington, subject to the following conditions: A. Any existing public utility corridor located on, across, or adjacent to the subject property shall be reserved within the existing right-of- way. B. The City shall determine any appropriate additional signing and traffic controls due to the proposed improvements of GSA, which shall be installed by the City at GSA's expense. ADOPTED BY THE CITY COUNCIL this 2nd ATTEST: City Clerk Page -2 a day of July, 2002. Mary P ce, Mayor REVOCABLE LICENSE AGREEMENT PARTIES: GSA: Government Services Administration, on behalf of the United States of America SUBJECT PROPERTY: City: City of Yakima, Washington, a municipal corporation That portion of South Third Street and Chestnut Avenue in the City of Yakima, Washington, to -wit: [City Engineer's legal description to be attached as Exhibit A] RECITALS: City owns the above-described Subject Property in the City of Yakima, Washington. The Subject Property is part of the right-of-way commonly known as Chestnut Avenue and South Third Street and consists of approximately 1,680 square feet. GSA owns the real property located to the north and east of the intersection of Chestnut Avenue and South Third Street, upon which is located the William O. Douglas Federal Courthouse Building. Following the terronst acts of September 11, 2001, federal buildings around the country, including the William O. Douglas Federal Courthouse, have undertaken comprehensive security reviews. Pursuant to this review, GSA has concluded that the William O. Douglas Federal Courthouse Building should be protected from potential vehicle attacks by the placement of 50 cast metal security bollards, which are intended as a replacement of existing concrete "jersey" barriers. GSA proposes that it acquire a revocable license to use the Subject Property for purposes of installing bollards and maintaining sufficient security distance between the courthouse and the flow of traffic. The use of the Subject Property by GSA serves the public interest by making needed security improvements Page -1 t t• t n available to the public and by minimizing costs of establishing these measures. GSA's use of the subject property is agreeable to the City provided that the City shall have the right to revoke this license agreement as more fully set forth herein. AGREEMENT: For and in consideration of Twenty Thousand Seven Hundred and Sixty -Five Dollars ($20,765.00) to be paid by certified funds not later than October 1, 2002, to the City, the City hereby grants to GSA a revocable license to use the Subject Property solely for the purposes hereinafter stated and subject to the following teinrs and conditions. 1. Use of Subject Property: Use of the Subject Property by GSA is stnctly permissive. No improvement made by GSA shall be considered as establishing any right or claim of ownership thereof in favor of GSA, whether by claim of adverse possession or otherwise, and GSA expressly agrees to not contest City's right and title to the Subject Property. GSA may use the Subject Property for the installation of 50 cast metal security bollards as depicted on the attached site plan, together with appropriate and necessary maintenance of the same. GSA shall ensure that the installation of the security bollards be completed in such a manner that minimizes disruption of traffic and that avoids any damage to the existing paved surfaces of the Subject Property. 2. Improvements: GSA agrees to pay for all improvements incidental or necessary to install the security bollards, as well as any maintenance to the bollards or to any other property of the City damaged due to the installation, maintenance, or presence of the security bollards. Said improvements shall include any appropriate additional signing and traffic controls due to the improvements of GSA, which shall be installed by the City at GSA's expense. 3. Condition of Subject Property: GSA agrees to maintain that portion of the Subject Property which shall become impassable to ordinary vehicular traffic due to the existence of the security bollards in at least a good a condition as of the date of this agreement. 4. Termination: It is the parties' intent that GSA shall cease use of the Subject Property at such time as GSA has concluded that the security justification for this license agreement has terminated. Notwithstanding any provision in this license agreement to the contrary, the City shall not terminate or revoke GSA's permission to use the subject property prior to July 1, 2024; after said date, the City may serve a notice of intent to revoke this license upon GSA in which event GSA shall have 180 days from the date of said notice to remove all of its structures and improvements then existing on the subject property. Upon termination, GSA shall promptly undertake all steps necessary to restore the Subject Premises to at least as good a condition as of the date of this agreement. Page -2 5. Indemnification: GSA shall protect, defend, indemnify and hold the City harmless from and against any and all claims, demands, losses, damages, liens, liabilities, penalties, fines, lawsuits, and other proceedings, and any costs and expenses associated with the same (including attorney's fees and disbursements incurred in litigation), which accrue to or are incurred by the City on or after the effective date of this agreement and which arise directly or indirectly from or out of, relate to, or in any way are connected with (1) personal injuries or property damage occurring because of the use, operation, or maintenance of the Subject Property, (2) any activities of GSA, its agents, contractors, or employees on the Subject Property during GSA's use, possession, or control of Subject Property which directly or indirectly result in the Subject Property or any other property becoming contaminated with hazardous substances, as may be defined by applicable law, or (3) any litigation or legal challenge pertaining to the validity of this agreement. The provisions of this paragraph 5 shall survive the termination of this agreement. 6. Parties Bound: Subject to the right of revocation as herein set forth, this agreement shall inure to the benefit of and be binding upon the parties hereto, their heirs, successors and assigns. 7. Integration: This writing constitutes the entire agreement of the parties and its execution is authorized by the respective governing bodies. 8. Abandonment or Invalidity: If GSA ceases use of the Subject Property and abandons the uses contemplated herein, then this agreement shall be immediately terminated, subject to GSA's obligation to restore the Subject Property as provided for herein. In the event that GSA does not promptly restore the Subject Property, then City may do so at GSA's expense, which expense GSA hereby agrees to pay in full within 30 days or being presented with a bill for the same. In addition, if any court of competent jurisdiction declares this agreement to be invalid or unenforceable, then this agreement shall be immediately terminated. 9. Utilities: Notwithstanding the grant of license provided herein, the City shall be entitled to make full use of any existing public utility easement or corridor over or across the Subject Property. Nothing in this agreement shall diminish or affect the City's unconditional rights of access to the Subject Property for repair, maintenance, and operation of City utilities. 10. Capacity, Due Authorization: GSA affirms and warrants that the individual whose signature appears below on its behalf has the full power, capacity, and legal right to execute this agreement and that this agreement has been duly authorized and executed and that it shall constitute the legal, valid and binding obligation of GSA, enforceable in accordance with its temis. Page -3 DATED this _ day of July, 2002. CITY OF YAKIMA, WASHINGTON R.A. Zais, Jr., City Manager ATTEST: City Clerk GOVERNMENTAL SERVICES ADMINISTRATION (GSA), on behalf of THE UNITED STATES OF AMERICA Its: Page -4 N to 0 0) 0 :0 n 0 10 N 0 a NOTES: *MATERIAL: CAST IRON ASTM A48, CL3OB *BOLLARDS & ESCUTCHEON PLATES SANDBLAST (PER SSPC—SP6) - *CUSTOMER TO ADVISE PAINT/POWDER COAT SPEC'S f 1Vc :i144etI tt))? ff� 293 [11.54") cL-1 4tig ‘50•95°-\ m — 1--10 [0.39"] 4 -8mm DIA. HOLES 901 APART b5� i is cei N O r+r. n 259 [11.381 40 [1,591 A a^ N -- —19 [o.78"1 SECTIONREA" �® I TO .11125" L RILL & TAP FOR 4-3 40 X 8 1/21 EXPANSION BOLTS ZB 0:5jNC THD. IANC PLATED 3/4' DP, E0. SPACED (1e] BOLLARD DETAIL (BOLTS SUPPLIED BY OTHERS) 0356 th‘ 4.02°1 9 0L 6140LE SECTION "B' 4—.8125" DIA. FOR EXPANSION BOLTS ,ore 1) -111 $=or c. U ».1, i e l4c, oy, t+A-Ci. OLYMPIC FOUNDRY INC, REV. DATE: 7-02-01 CB --E CAST PEDESTRIAN BOLLARD APPROXIMATE WEIGHT: 257 LBS. RATING: N/A PART .NO. 84-4300 / . ./V w' 1ER /r.D/ r / L/f 1/ •a a aa creaaseCittaeoael-ci0 9 -V 1•••=••••••••••••••••••••=•••••••••••••••••••....1.0.........1.1•• 1:27.•••*••••••••••••••••••••• ••••".••••'.../N••••••...•••"••....."'I.."•••••••••••••••••...."....o••e•dm BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: a' For Meeting of: July 2, 2002 ITEM TITLE: Resolution authorizing the City Manager to Execute a License Agreement with General Services Administration (GSA) for the use of City Right of Way to the West and South of the William O. Douglas Federal Courthouse SUBMITTED BY: Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cook (575-6113) SUMMARY EXPLANATION: We have been in discussion for some time now with representatives from the Federal Courthouse and General Services Administration (GSA) who are responsible for the maintenance and protection of the Federal Courthouse. As you know, following the terrorist act of September 11, the federal buildings around the country, including the William O. Douglas Federal Courthouse, were provided with enhanced security including the placement of concrete "Jersey" barriers. It has always been the intent of GSA and the courts that this was a temporary situation that would be replaced with a more attractive, yet more functional, system to protect the courthouse from potential vehicle attacks (threats). We have attached both a site plan and a design for the cast metal bollards which are proposed to replace the concrete barriers. In our discussions with GSA, we have recommended that the placement of these bollards in the City's right of way should be done through a license agreement with the City and GSA. Please note that the bollards will not interfere with through traffic but will result in the elimination of 12 parking spaces on South 3`d Street and East Chestnut. The following points will constitute the basis of the License Agreement. • City of Yakima, Licensor, 129 North 2nd Street, Yakima, WA 98901 Continued to next page Resolution X Ordinance Contract Other Specify License Agreement Funding Source: APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Approve Resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-83 • SW, WAGSA, Licensee, Public Building Service, 400 15th St., 908001 • Project designation and address 1,475 sq. ft. of street frontage on Chestnut Av. And 3`1 Street herein described as the real property • Maximum period covered r__14. 1 °IAA', + . ;4-.A.m4.4;+01.. July 1, L.VVL lV 111uVil.uwlJ • Description of property affected, (see attached site plan) • Purpose of permit Installation of 66 security bollards around the William o. Douglas Federal Courthouse Building. • Compensation by Licensee Licensee hereby agrees to pay a one-time lump sum payment in the amount of $20,765.00 as consideration to the Licensor. Compensation is based upon the tax assessment of $12.36 per square foot x 1,680 square feet of real property = $20,764.80 rounded to $20,765.00. Payment shall be made on October 1, 2002 to the Licensor. • Special conditions a) Licensee shall install 66 security bollards and provide the continued on-going maintenance of the bollards. Upon removal of the 66 bollards, the Licensee shall restore the demised real property to a condition satisfactory to the Licensor. b) Licensee shall maintain and keep the demised real property in good repair and condition throughout the permit period. • General Conditions c) The use to be made of the real property shall be limited to that specified in this license. d) No additional alterations to the real property shall be made without the prior written consent of the Licensor. Your approval of this resolution will authorize the City Manager to finalize and execute a License Agreement with GSA.