HomeMy WebLinkAboutR-1992-D6071 MorrierRESOLUTION NO.
Dk 6071
'A RESOLUTION authorizing the execution of a License Agreement
with Morrier Building Inc, for a refuse storage
and sewer grease trap sites in City of Yakima
Parking Lot #2.
WHEREAS, the City of Yakima owns and operates City of
Yakima Parking Lot #2 located in the downtown area of Yakima
which was initially funded and built with local improvement
district funds and general public funds; and
WHEREAS, Morrier Building Corporation (Morrier Inc.)
desires to use a portion of Parking Lot #2 for a refuse stor-
age site and underground grease trap necessary for the de-
velopment of an adjacent restaurant -- Olive Garden;; and
WHEREAS, the City Council finds thatunder the terms of
the attached License Agreement, Morrier Inc. shall provide a
compensating benefit to the City for the use of five parking
spaces in Parking Lot #2 by reconstructing a section of side-
walk which is part of Parking Lot #2 adjacent to the proposed
Olive Garden Restaurant and constructing ten additional park-
ing spaces within Parking Lot #2; and
WHEREAS, the City Council finds that there is no net loss
of parking spaces to, Parking Lot #2 because Parking Lot #2
will be partially reconstructed, at Morrier Inc.'s expense, to
increase parking capacity by that number of spaces allocated
to the refuse storage site plus an -additional five spaces;
and
WHEREAS, the City Council finds that $1,800.00 per year
is an adequate license fee for the refuse and grease trap
site; and
WHEREAS, at its March 10, 1992 meeting, the Council
previously authorized the City Manager and City Clerk to
execute a License Agreement with Morrier Inc. which agreement
was amended and passed by Council so as to change the location
of the refuse storage site and increase compensation to the
(res/olvgrdn.jv)
current charge for n Lt five parking spaces in Parking
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Lot #2 (currently $1,800.00 per year); and
WHEREAS, said increase in compensation is agreeable to
Morrier Inc., however, Morrier Inc. proposes to alter the
position of the refuse storage site to a new location depicted
on Exhibit A of the attached agreement; and
WHEREAS, the City Council finds it to be in the best
interest of the City of Yakima to encourage the economic
development of the downtown area by granting such license for
adequate consideration and sufficient compensating benefits,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Resolution #D-6066 as amended, passed on
March 10, 1992 is hereby repealed.
Section 2. The City Manager and City Clerk are hereby
authorized to execute the attached and incorporated License
Agreement with Morrier Inc. for a refuse storage and grease
trap site.
ADOPTED BY THE CITY COUNCIL this 11 day of kAard,
1992.
ATTEST:
City Clerk
2
(res/olvgrdn.jv)
Mayor
LICENSE AGREEMENT
FOR REFUSE STORAGE ENCLOSURE
AND GREASE TRAP SITE
THI AGREEMENT is made and entered into this -20 day of
MVZe., , 1992 by and between the CITY OF YAKIMA, a
municipal corporation (hereinafter referred to as "CITY"), and
MORRIER BUILDING, INC., a Washington corporation (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: The CITY hereby grants to LICENSEE,
its successors and assigns, a license to construct, maintain and
operate, a refuse storage enclosure and subsurface grease trap
(hereinafter called the "Enclosure and Grease Trap") within the
CITY OF YAKIMA Parking Lot No. 2 on the site more particularly
identified on the Site Plan for the Olive Garden Italian
Restaurant, attached hereto as Exhibit "A" and by this reference
incorporated herein and made a part hereof the same as though set
411 forth in full. (Exhibit "A" shall be Sheet #A.2, Revision #4,
dated March 16, 1992 by architects Van Lom/Edwards.)
This license is granted subject to all of the following
terms and conditions:
2. PURPOSE OF LICENSE: The site shall be used exclusively
for the storage of refuse and the handling of grease waste
generated by the users and occupants of the building to be built
on the following described property situate in the CITY OF
YAKIMA, Yakima County, Washington, to wit:
Lots 9, 10, 11 and 12 of Block 51, Town of
North Yakima, now Yakima, according to the
official plat thereof recorded in Volume "A"
of Plats, page 10, and re-recorded in Volume
"E" of Plats, page 1, records of Yakima
County, Washington.
3. PHYSICAL ATTRIBUTES OF THE REFUSE STORAGE ENCLOSURE AND
SITE: The Enclosure and Grease Trap to be constructed on the
licensed site shall conform to the Exhibit "A" Site Plan and
shall be made of such materials, equipped with such amenities,
and shall be finished and landscaped, in accordance with
(3-20-92)
specifications approved by the CITY OF YAKIMA Planning, Codes and
Engineering Departments.
4. INITIAL TERM: This license shall commence on the date
hereof and shall continue for an initial term expiring ten (10)
years from the first day of the month following the month in
which the Olive Gardens Restaurant opens for business on the
premises described in paragraph 2 above, or January 1, 2003,
whichever date first occurs.
5. OPTIONS TO EXTEND: Provided the licensee is not in
default under the terms of this license, the CITY hereby grants
to LICENSEE, its successors and assigns, the right and privilege
and option to extend this license for four (4) additional terms
of five (5) years each upon the same terms and conditions herein
contained. (License fees for said option terms shall continue to
be adjusted annually in accordance with the provisions of Section
9 below.) Each of said options to extend are subject to the
following express conditions:
(i) The LICENSEE shall not be in default in performing any
of its obligations as of the date of exercise of the
option or thereafter at any time up to the commencement
date of the applicable extension, and
(ii) Each option must be exercised by LICENSEE giving to the
CITY OF YAKIMA written notice not less than thirty (30)
days prior to the expiration of the then current
license term.
6. LICENSE APPURTENANT TO RELATED RESTAURANT SITE: The
license herein granted is for the exclusive use of the owner and
occupants of the property described in paragraph 2 above and is
made expressly appurtenant to said real property, shall run with
said real property, and may not be severed from said land.
7. CITY'S TITLE: LICENSEE acknowledges that legal fee
title of the CITY to the site of the Enclosure and Grease Trap
above-described and agrees never to deny such title or to claim
title in LICENSEE's name. LICENSEE agrees for and on behalf of
itself and for and on behalf of any successors or assigns or
occupants of the real property described in paragraph 2 above
that it does not and shall not claim at any time, any interest or
estate of any kind or extent whatsoever in Parking Lot No. 2 of
the CITY and/or the site of the refuse Enclosure and Grease Trap
referenced in paragraph 1 above, by virtue of the rights granted
under this License Agreement, LICENSEE's occupancy or use under
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(3-16-92)
this agreement, or any other basis arising in any way out of this
agreement.
8. SPECIAL CONDITIONS SUBSEQUENT: This license is granted
subject to each of the following conditions subsequent and upon
the failure of any of said conditions all rights to the LICENSEE
under this license shall be subject to termination by the CITY:
(a) Construction: The Enclosure and Grease Trap shall be
constructed and installed at LICENSEE's sole expense in
conformity to plans and specifications submitted by
LICENSEE and as they may be approved by the CITY
Planning, Codes and Engineering Departments. Any
material alterations or modifications in said plans and
specifications must likewise be approved by the CITY
Planning, Codes and Engineering Departments.
(b) Operation and Maintenance: The Enclosure and Grease
Trap and the landscaping surrounding the same shall at
all times be maintained and kept by the LICENSEE at
LICENSEE's sole expense in a clean and sanitary
condition and in compliance with all ordinances, rules
and regulations of the CITY and its duly authorized
officials and agents. The Enclosure and Grease Trap
and the area surrounding the same shall be free of
litter and obnoxious odors. No signs or writing shall
be permitted on the exterior surfaces of the Enclosure
except as may be specifically approved by the CITY and
all graffiti and other defacement of the Enclosure
shall be removed or repaired within seven (7) days
after discovery by the LICENSEE at LICENSEE's sole
expense.
9. ANNUAL LICENSE FEE: The LICENSEE covenants and agrees
to pay to the CITY, as a license fee for the license herein
granted, a sum equal to the long-term parking space rental being
charged from time to time by the CITY for parking in CITY -owned
parking lots for five (5) parking spaces (which is the number of
parking spaces that will be occupied by the Enclosure); PROVIDED
HOWEVER, that if the CITY should subsequently establish a rate
for space rental in CITY -owned parking lots for the location of
refuse and/or recycling containers, the license fee hereunder
shall be adjusted to conform to such refuse/recycling container
rate. The license fee shall be paid to the CITY Finance
Director, City Hall, Yakima Washington, and shall be payable on
the same schedule as long-term parking fees payable to the CITY
(currently payable quarterly in advance).
(3-20-92)
10. TAXES: The LICENSEE shall promptly pay all taxes
lawfully imposed as a result of this agreement.
11. RELOCATION OF PARKING STALLS: As additional
consideration for this license, the LICENSEE shall, at LICENSEE's
sole expense, cause to be constructed and finished the
reconstruction in Parking Lot No. 2 as detailed on Exhibit "A".
Such reconstruction has as its object and purpose the addition of
ten (10) parking stalls in Parking Lot No. 2 in lieu of the five
(5) parking stalls lost on account of the Enclosure. Said
reconstruction shall be completed in accordance with the building
permit to be issued for the Enclosure reconstruction and the
plans and specifications submitted by LICENSEE and as they may be
approved by the CITY Planning, Codes and Engineering Departments.
Said reconstruction shall be completed on or before the Olive
Garden Restaurant opens for business.
12. SIDEWALK IMPROVEMENT: The sidewalk abutting the
property described in paragraph 2 on the south was initially
constructed as a part of the Local Improvement District for
Parking Lot No. 2. As additional consideration for this License
Agreement, the LICENSEE has caused to be included in the plans
and specifications for the restaurant building referenced in
section 8(c) above the enhancement of said sidewalk improvement
by removing the existing concrete and replacing it with bomanite
in accordance with said plans and specifications, all of which
will be at the sole expense of the LICENSEE. Said sidewalk
improvement shall be completed before the Olive Garden Restaurant
opens for business.
13. CITY'S RESERVED RIGHT TO RELOCATE THE ENCLOSURE: The
CITY hereby reserves the right, at the CITY's expense, to
relocate the Enclosure and/or the Grease Trap, or to provide a
reasonably comparable alternative refuse container facility
servicing the property described in paragraph 2 above, at any
time during the term of this license on not less than sixty (60)
days prior written notice to the LICENSEE.
14. RESTORATION ON TERMINATION OF THE LICENSE: It is
understood and agreed that the CITY shall have the option at the
expiration or earlier termination of the license herein granted
to require the LICENSEE, at LICENSEE's sole expense, to remove
the Enclosure and Grease Trap from Parking Lot No. 2 and to
restore the property to substantially the same condition it is in
as of the date of this License Agreement. In order to exercise
said option, the CITY shall give the LICENSEE written notice of
its election within thirty (30) days after the expiration or
termination of this License Agreement. Unless the CITY exercises
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(3-20-92)
the option granted in this paragraph 14 at the expiration or
earlier termination of this License Agreement, the Enclosure and
Grease Trap shall be deemed to be a permanent improvement to and
a part of the land on which it sits and the property of the CITY
OF YAKIMA.
15. REPRESENTATIONS AND WARRANTIES BY LICENSEE: LICENSEE
represents and warrants to the CITY that the following are true
and correct:
(a) LICENSEE shall not cause or permit any activities which
directly or indirectly could result in a release of
hazardous substances on or under the property affected
by this License Agreement.
(b) LICENSEE shall not cause or permit a public or private
nuisance upon or associated with the property affected
by this agreement.
16. INDEMNITY AND HOLD HARMLESS AND WAIVER BY. LICENSEE:
LICENSEE shall protect, defend, indemnify and hold the CITY, its
officers, agents, and employees harmless from and against any and
all claims, demands, damages, losses, liens, liabilities,
penalties, fines, lawsuits, suits in equity, third -party claims
or damages, consequential damages, whether foreseeable or
unforeseeable, and other proceedings and costs and expenses
(including attorney's fees, costs and disbursements) which accrue
to or are incurred by the CITY and arise directly or indirectly
from or out of, relate to, or in any way are connected with:
(a) Any breach of the terms, conditions, representations,
or warranties contained in this agreement;
(b) Any activities on the property covered by this License
Agreement which directly or indirectly result in said
property or any other property becoming contaminated
with hazardous substances;
(c) Any action which seeks to invalidate or dispute this
agreement; and
(d) Any personal injuries, loss of life, property damage,
or other damages related to the Enclosure or Grease
Trap, except liability for personal injuries, property
damages or loss of life or property caused solely by
the negligence of the CITY.
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(3-20-92)
LICENSEE further waives any claim it may have against the CITY,
its officers, agents, and employees as a result of the CITY
granting this agreement or its invalidity or partial invalidity.
17. NOTICES: Any notice required or desired to be given
under this License Agreement shall be in writing and personally
served, given by overnight express delivery, or given by mail.
Any notice given by mail shall be sent postage prepaid, by
certified mail, return receipt requested, addressed to the party
to receive said notice at the following address or such other
address as the party may, from time to time, direct in writing:
CITY:
CITY OF YAKIMA
City Hall
129 North Second Street
Yakima, WA 98901
LICENSEE: MORRIER BUILDING, INC.
402 East Yakima Avenue Suite 1400
Yakima, WA 98901
and
GENERAL MILLS, RESTAURANTS, INC.
Attn: Law Department
5900 Lake Ellenor Drive
Orlando, FL 32809
18. ASSIGNMENT: LICENSEE shall not transfer or assign this
agreement or any interest therein, except to the fee owner and/or
lessee of the property described in paragraph 2 above, and it is
agreed that any purported transfer or assignment in violation of
this clause, whether voluntarily, by operation of law, or
otherwise, shall be absolutely void and shall, at the option of
the CITY, terminate this License Agreement.
19. WAIVER OF BREACH: Waiver by either party hereto of a
breach of the other party hereto of any covenant or condition of
this agreement shall not impair the right of the party not in
default to avail itself in any subsequent breach hereof.
Leniency, delay or failure of either party to insist upon strict
performance of any agreement, covenant or condition of this
agreement, or to exercise any right herein given in any one or
more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or
right.
-6-
(3-20-92)
20. GOVERNING LAW: This agreement shall be governed in all
respects by the laws of the State of Washington.
21. SUCCESSORS AND ASSIGNS: This agreement shall be
binding upon and inure to the benefit of the parties hereto,
their successors and assigns.
22. LITIGATION: In the event that any suit or action is
instituted by either party to enforce compliance with or
interpret any of the terms, covenants or conditions of this
agreement, the prevailing party shall be entitled to collect, in
addition to the necessary court costs, such sums as the court may
adjudge as reasonable attorneys fees. The venue for any action
to enforce or interpret this agreement shall lie in the Superior
Court of Washington for Yakima County, Washington.
23. ENTIRE AGREEMENT: It is understood and agreed that all
understandings and agreements, whether oral or written,
heretofore had between the parties hereto are merged in this
agreement, which alone fully and completely expresses their
agreement, that neither party is relying upon any statement or
representation not embodied in this agreement, made by the other,
and that this agreement may not be changed, except by an
instrument in writing signed by both parties.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the date first hereinabove written.
CITY OF YAKIMA
City Manager
ATTEST:
Karen Roberts
City Clerk
C1YC04.'CT NO:
(3-20-92)
0
VI
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MORRIER BUILDING, INC.
BY
Joseph R. Mor, e .
Its President
STATE OF WASHINGTON
ss .
COUNTY OF YAKIMA
I certify I know and have satisfactory evidence that JOSEPH
R. MORRIER., JR. is the President of MORRIER BUILDING, INC., a
Washington corporation, and the person who appeared before me,
and said person acknowledged that he signed this instrument and
on oath stated that he is authorized to execute the instrument,
and acknowledged it to be the free and voluntary act and deed of
such party for the uses and purposes mentioned in this agreement.
Dated: /Ya r i 3 /99
STATE OF WASHINGTON
COUNTY OF YAKIMA
Notary Public in and for the State o
Washington, residing at Kmrcc.
My appointment expires: AN //: / g9'J5
)
ss.
I certify that I know or have satisfactory evidence that R.
A. ZAIS, JR. and KAREN ROBERTS signed this instrument, on oath
stated that they were authorized to execute the instrument and
acknowledged it as the City Manager and City Clerk, respectively
of the CITY OF YAKIMA to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
(3-20-92)
0) MZ
Notary Public in and for the State o
Washi ► gton, residing at 4k/144-4-
My apointment expires: /i/
-8-
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RESOLUTION O. 6
A RESOLUTION authorizing the execution of a License Agreement
with Merrier Building Inc. for a refuse storage
and sewer grease trap sites in City of Yakima
Parking Lot #2.
WHEREAS, the City of Yakima owns and operates City of
Yakima Parking Lot #2 located in the downtown area of Yakima
which was initially funded and built with local improvement
district funds and general public funds; and
WHEREAS, Morrier Building Corporation (Morrier Inc.)
desires to use a portion of Parking Lot #2 for a refuse stor-
age site and underground grease trap necessary for the de-
velopment of an adjacent restaurant -- Olive Garden;; and
WHEREAS, the City Council finds that under the terms of
the attached License Agreement, Morrier Inc. shall provide a
compensating benefit to the City for the use of five parking
spaces in Parking Lot #2 by reconstructing a section of side-
walk which is part of Parking Lot #2 adjacent to the proposed
Olive Garden Restaurant and constructing ten additional park-
ing spaces within Parking Lot #2; and
WHEREAS, the City Council finds that there is no net loss
of parking spaces to Parking Lot #2 because Parking Lot #2
will be partially reconstructed, at Morrier Inc.'s expense, to
increase parking capacity by that number of spaces allocated
to the refuse storage site plus an additional five spaces;
and
WHEREAS, the City Council finds that $800.00 per year
with an annual inflationary adjustment is an adequate license
fee for the refuse and grease trap site; and
WHEREAS, the City Council finds it to be in the best
interest of the City of Yakima to encourage the economic
development of the downtown area by granting such license for
1
(reslolvgrdn.jv)
adequate consideration and sufficient compensating benefits,
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and
directed to execute the attached and incorporated License
Agreement for refuse storage site with Morrier Inc.
ADOPTED BY THE CITY COUNCIL this /9',/ day of 7}7d6 ,
1992.
ATTEST:
a}k.
City Clerk
J
- 2 -
(res/olvgrdn.jv)
Mayor