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
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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
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(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"
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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
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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.
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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
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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