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HomeMy WebLinkAboutR-1997-041 Revocable License AgreementRESOLUTION NO. R-97- 41 A RESOLUTION authorizing and directing the City Manager to execute a Revocable License Agreement with Sisters of Providence in Washington, d/b/a Providence/Yakima Medical Center relating to a portion of South 10th Avenue between Chestnut Street and Walnut Street in the City of Yakima. WHEREAS, Providence/Yakima Medical Center has requested a vacation of that portion of South 10th Avenue located between Chestnut Street and Walnut Street in conjunction with a Master Zoning Review Application for the construction of a 50,000 square foot three-story medical office building with same day surgery space, rooftop helipad, and associated parking; and WHEREAS, under the Washington State Environmental Policy Act (SEPA), a final Environmental Impact Statement was issued by the City of Yakima January 24, 1997 to consider the impacts of the Providence/Yakima Medical Center proposal; and WHEREAS, on March 18, 1997, the Yakima City Council conducted a public hearing on the Providence/Yakima Medical Center's request to vacate a portion of South 10th Avenue; and WHEREAS, pursuant to RCW Chapter 35.79, the City Council determined not to permanently vacate South 10th Avenue based upon the possible need to use South 10th Avenue for public street purposes sometime in the future; and WHEREAS, although the subject portion of South 10th Avenue may be needed for street purposes in the future, it is not necessary for street purposes at the present time; and WHEREAS, the Yakima City Council has reviewed and considered all of the files, records and testimony at the public hearing, including but not limited to, the hearing examiner's recommendation issued on March 7, 1997; and WHEREAS, the Yakima City Council finds and determines that it is in the public interest to grant Providence/Yakima Medical Center a temporary/revocable license to use the said portion of South 10th Avenue for medical center purposes until such time, not prior to April 1, 2022, as the Yakima City Council determines that it is necessary to reopen this portion of South 10th Avenue as a public street; and (1101r) vrp WHEREAS, the City of Yakima reserves the right to terminate and revoke said License Agreement in accordance with the termination provisions contained therein if necessitated by the public interest, now, therefore, 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 "Revocable License Agreement" with Sisters of Providence in Washington, d/b/a Providence/Yakima Medical Center for the temporary use of a portion of South 10th Avenue between Chestnut Street and Walnut Street in the City of Yakima, subject to the following conditions: A. A 16 -foot -wide public utility corridor shall be reserved, centered over the existing utilities within the existing right of way. The width must be at least 16 feet but shall be larger if necessary to include all public utilities. The corridor shall be reflected by a professional survey and shall be acceptable to the City Engineer. B. The City shall determine appropriate signing and traffic controls to be installed by Providence at each end of the existing portion of the street, in order to advise motorists of the closure. C. Commercial driveway approaches and sidewalks shall be installed at the intersection of existing South 10th Avenue and West Walnut and Chestnut Streets. ADOPTED BY THE CITY COUNCIL this ]E{hday of March ATTEST: City Clerk Page - 2 (Ik)res/resvmbie license Pte'(/rD , 1997. ohn Puccinelli, Mayor Pro -Tem REVOCABLE LICENSE AGREEMENT PARTIES: Providence: Sisters of Providence in Washington, d/b/a Providence/Yakima Medical Center City: City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY: That portion of South 10th Avenue between Chestnut Street and Walnut Street in the City of Yakima, Washington, to -wit: Beginning at the Northwest corner of Block 372 of Yordy's Supplemental Addition to Capitol Addition to North Yakima (now Yakima) as recorded in Volume "B" of Plats, page 111, records of Yakima County, Washington; thence westerly along the north line of said plat extended a distance of 58.5 feet; thence southerly parallel to the west line of said plat a distance of 400 feet to a point on the south line of said plat extended; thence east a distance of 58.5 feet to the southwest corner of said plat; thence northerly along the west line of said plat to the point of beginning. RECITALS: City owns the above-described Subject Property in the City of Yakima, Washington. The Subject Property is 58.5 feet in width and is part of right-of-way commonly known as South 10th Avenue, between Walnut and Chestnut. The City believes that in the future, South 10th Avenue may need to be widened and improved, although the target date for such development is unknown. Providence owns both sides of South 10th Avenue between Chestnut and Walnut. The main hospital is east of 10th although the first of a projected four -building medical office complex to be located west of 10th has been constructed, following approval by the City in 1991. Providence intends to construct a second office building with an ambulatory surgery center and helipad west of South 10th Avenue similar in appearance to the existing building. A Certificate of Need has been obtained from the appropriate state regulatory authority. Good practice requires that the helipad be connected to the main hospital emergency room by a covered "umbilical" Page - 1 dk)agree revocable license/providence/4p through -way, which will cross South 10th Avenue between West Walnut and West Chestnut. The covered passage and increased pedestrian traffic require the closure of 10th in this vicinity. Providence proposes that it purchase from the City a revocable license to use the Subject Property until such time as the Yakima City Council makes a formal determination that South 10th Avenue should be reopened and funding is obligated for its expansion and use. Use of the Subject Property by Providence serves the public interest by making needed medical services available to the public while minimizing costs of the hospital to construct those facilities. Providence's use of the Subject Property is agreeable to the City provided that the City shall have the right to revoke this License Agreement upon 180 days written notice to Providence of its formal reopening of South 10th Avenue and identification of available funds to construct the street:provided, however, that this License Agreement shall not become revocable until after April 1, 2022. AGREEMENT: For and in consideration of One Hundred Thousand Dollars ($100,000.00), receipt of which is hereby acknowledged, the City hereby grants to Providence a revocable license to exclusively use the Subject Property for the purposes hereafter stated and subject to the following terms and conditions: 1. Use of Subject Property. Use of the Subject Property by Providence is permissive only. Providence may use the Subject Property for the purpose of constructing an enclosed passageway between the existing hospital and the proposed new office facility, and for other related activities in connection with Providence's operation of its hospital facilities. 2. Improvements. The City agrees to timely re sign the shall determine appropriate signing and traffic controls to be installed by Providence at each end of the existing portion of the street, in order to advise motorists of the closure streets adjacent to the vacated portion of South 10th Avenue in girder to reroute - . Providence agrees to pay for all improvements necessary to close off the Subject Property to traffic, to the extent such improvements lie on the property to including but not limited to, signing and traffic controls. Commercial driveway approaches and sidewalks shall be installed at the intersection of existing South 10th Avenue and West Walnut and Chestnut Streets. II Page - 2 pip:gce .ew.b1c license/providence/rip 3. Condition of Subject Property. Providence agrees to reasonably maintain that portion of the Subject Property actually used by it, to at least as good a condition as of the date of this agreement, recognizing that the premises may be used for those purposes identified above. Providence has permission to build a covered passageway and to pave and landscape the property used by it, but no improvements made by Providence shall be considered as establishing the boundaries of the subject premises, nor give rise to any right or claim of ownership thereof in favor of Providence, whether by claim of adverse possession or otherwise. 4. Tel inination. It is the parties' intent that Providence shall cease use of the Subject Property at such time as there are no remaining contingencies restricting the City's ability and intent to reopen the property as a street, including final designation of the street in the City's six-year street plan; identification and adoption by the Yakima City Council of engineered project dimensions and design; and allocation and dedication of sufficient funds to the particular project of expanding 10th Avenue. Upon removal of the last actual contingency to the 10th Avenue project, proceeding forward, the City may, upon 180 days' written notice of its intent, revoke Providence's permission to use the Subject Property. The 180 days written notice of revocation shall be delivered to Providence/Yakima Medical Center, c/o Administrator, 110 S. 9th Avenue, Yakima, WA 98902 by certified mail, return receipt requested. Upon receipt of the City's Notice of Intent to Revoke said license, Providence shall within one year 180 days of that date remove all of its facilities and structures then existing on the Subj ect Property. Notwithstanding any provision in this section 4 to the contrary, the City shall not teuninate or revoke Providence's permission to use the Subject Property prior to April 1, 2022. 5. Indemnities. Providence shall protect, defend, indemnify, and hold the City hay iiiless from and against any and all claims, demands, losses, damages, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by the City on or after the effective date of this Agreement and 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 on the Subject Property during Providence's use, possession, or control of the Subject Property which directly or indirectly result in the Subject Property or any other property becoming contaminated with hazardous substances, or (3) any litigation or legal challenge pertaining to the validity of this Agreement. Page - 3 flk) ee maeable Manx/pmvWenee/r1p 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 Providence ceases all use of the Subject Property with intent to abandon the uses contemplated herein, then this Agreement shall be immediately terminated. In addition, if any court of competent jurisdiction declares this Agreement to be invalid or unenforceable, then this Agreement shall be immediately terminated. 9. Utility Access. A 16 -foot -wide public utility corridor shall be reserved, centered over the existing utilities within the existing right of way. The width must be at least 16 feet but shall be larger if necessary to include all public utilities. The corridor shall be reflected by a professional survey and shall be acceptable to the City Engineer. Nothing in this Agreement shall diminish or affect the City's unconditional right to access to the Subject Property for repair, maintenance, and operation of City utilities. Dated this j— day of CITY OF YAKIMA, WASHINGTON R. A. ZAIS,3JR. City Manager CITY C► ,,..3//3REsownanitt+ ATTEST SISTERS OF PROVIDENCE IN WASHINGTON, d/b/a PROVIDENCE/YAKIMA MEDICAL CENTER / Administrator Page - 4 fl g rcvocnble license/providence/rip CITY CLERK 4111IT BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO; CD FOR MEETING OF: March 18. 1997 ITEM TITLE: Public Hearing to consider the Hearing Examiner's recommendation on a petition filed with the City Clerk by Providence of Yakima Medical Center to vacate South 10th Avenue between West Chestnut and Walnut Avenues. SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Economic Developm CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575-6163 SUMMARY EXPLANATION: Providence of Yakima Medical Center, filed Petition #1215 with the City Clerk to vacate South 10th Avenue between West Chestnut and Walnut Avenue. A master zoning review application was also submitted for the construction of a 50,000 square foot, three story medical office building with same day surgery space, roof -top helipad and associated parking. The project is located east of the existing medical office building in the block bounded by West Chestnut and Walnut, and South 10th and l lth Avenues. Providence was required to prepare an Environmental Impact Statement as part of this review. The Final EIS was issued by the City of Yakima on January 24, 1997. The EIS document was prepared by Providence staff and their consultants. The Hearing Examiner held a public hearing on February 6, 1997. The Hearing Examiner rendered a decision to approve the Class (3) use of the medical office building, day surgery space, roof -top helipad; the Administrative Adjustment to the parking standards, and the building height variance subject to a number of conditions. The Examiner issue a recommendation to the City Council to approve the vacation of South 10th Avenue based on the following considerations: • Approving the vacation of this portion of South 10th Avenue will result in the public benefit of a new medical office facility and expansion of the Providence Medical campus which serves the present and future needs of the various communities in Yakima County. • The vacation will provide a protected passageway to the main hospital emergency room from the ambulatory surgery center, and patients being transported from the roof -top helipad. • The vacation will provide integration of the entire Providence medical campus as a safe pedestrian environment for patients and guests utilizing the hospital campus. • The short term and long term impact of vacating 10th will have a minimal impact upon the surrounding neighborhood as well as upon the functioning of other portions of 10th as a cross town street. 'City Manager STAFF RECOMMENDATION: This is a Council policy decision, staff has recommended approval as part of the hearing examiner process. BOARD RECOMMENDATION: Hearing Examiner recommends approval of vacation, subject to conditions. COUNCIL ACTION: A resolution was adopted to grant a license to utilize South 10th Avenue, between Walnut and Chestnut, for 25 years. Resolution No. R-97-41