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HomeMy WebLinkAboutR-1997-066 Temporary Parking EasementRESOLUTION NO. R-97-6 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a "Temporary Parking Easement" in favor of the Yakima Valley Memorial Hospital Association. WHEREAS, on November 17, 1976, Washington Mutual Savings Bank transferred, by Statutory Warranty Deed, to the City of Yakima certain real property adjacent to the Liberty Building, 32 North Third Street, Yakima, Washington; and WHEREAS, in said Statutory Warranty Deed, Washington Mutual Savings Bank reserved a parking easement on certain real property adjacent to the Liberty Building; and WHEREAS, the parking easement reserved by Washington Mutual Savings bank shall expire on December 31, 2001; and WHEREAS, the ownership of the Liberty Building has been transferred to the Yakima Valley Memorial Hospital Association; and WHEREAS, the Yakima Valley Memorial Hospital Association has requested that the City grant a new temporary parking easement in accordance with the terms and conditions of the attached Temporary Parking Easement; and WHEREAS, under the terms of the Temporary Parking Easement, the Yakima Valley Memorial Association shall pay the City an annual easement payment equi\alent to ten percent (10%) of the most current assessed value of the subject parcel of property; and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize execution of the Temporary Parking Easement in favor of the Yakima Valley Memorial Hospital Association; 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 "Temporary Parking Easement" in favor of the Yakima Valley Memorial Hospital Association. ADOPTED BY THE CITY COUNCIL this 6th day of May , 1997. ATTEST: L n Buchanan, Mayor City Clerk nkIfl MH parkin¢ earrrn1 /pmt Filed at request of and return to: City of Yakima Legal Department Attn: Raymond L. Paolella 200 South Third Street Yakima, WA 98901 TEMPORARY PARKING EASEMENT GRANTOR: City of Yakima GRANTEE: Yakima Valley Memorial Hospital Association LEGAL DESCRIPTION (abbreviated): Lot 23, Block 50, recorded in Volume "A", page 10, rerecorded in Volume "E", page 1. Assessor's Tax Parcel I.D. #191319-22486 Reference numbers of documents released or assigned: THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of annual easement payments and other good and valuable consideration, and subject to the following terms and conditions, conveys, and grants to the YAKIMA VALLEY MEMORIAL HOSPITAL ASSOCIATION, a Washington nonprofit corporation, GRANTEE, an exclusive Temporary Parking Easement (hereinafter the "Easement") across, through and over the following -described real property situated in the County of Yakima, State of Washington, to wit: Lot 23, Block 50, Town of North Yakima (now Yakima) according to the official plat thereof recorded in Volume "A" of Plats, page 10, rerecorded in Volume "E" of Plats, page 1, records of Yakima County, Washington. 1. Use of Easement. The exclusive Easement shall be for the purpose of providing a parking area for vehicles operated by employees, tenants, patrons, and invitees of Grantee. Grantee shall not permit the Easement and the subject Parcel to be used for any illegal purpose. Grantee shall comply with all governmental rules, orders, regulations, or requirements relating to the use of the Easement and the subject Parcel. 2. Term of Easement. This exclusive Easement shall be for a term of ten (10) years commencing on , 1997, and ending on , 2007, unless sooner terminated by the Grantor in accordance with Section 8 of this exclusive Easement. Grantee shall have the option of extending this exclusive Easement for two (2) additional five (5) year terms, by giving written notice of intent to do so, not less than one (1) month prior to the end of the then current term; provided, however, that the exclusive Easement may not be extended (or further extended) if Grantor gives Grantee written notice of intention to terminate the exclusive Easement at least three (3) months prior to expiration of the then current term. Such extension(s) shall be upon all of the provisions applicable to the original term of this exclusive Easement. 3. Annual Easement Payment. Grantee shall pay in advance to the Grantor an annual easement payment equivalent to ten percent (10%) of the then most current assessed value of the subject Parcel, as calculated by the Yakima County Assessor. It is agreed that the current assessed value of the subject Parcel is $49,144.00; therefore, the easement payment for the initial year of the exclusive Easement shall be $4,914.40, which sum shall be payable upon execution of this exclusive Easement by both parties. 4. Assignment, Transfer, or Encumbrance of Easement. Neither this exclusive Easement nor any right hereunder may be assigned, transferred, encumbered, or sublet in whole or in part by Grantee, by operation of law or otherwise, other than by sale of the adjacent Liberty Building, without Grantor's prior consent, which shall not be unreasonably withheld. 5. Insurance. Grantee shall, at Grantee's expense, maintain public liability and property damage insurance insuring against any and all claims for injury to or death of persons and loss of or damage to property occurring upon, in, or about the Parcel, except for the negligence or intentional act of other parties. The public liability insurance shall have a liability limit of One Million Dollars ($1,000,000.00) per occurrence. All such insurance shall name Grantor and Grantee as co -insureds, with severability of interest endorsement. All such insurance shall be issued by carriers acceptable to Grantor and shall contain a provision whereby the carrier agrees not to cancel or modify the insurance without twenty (20) days prior written notice to Grantor. 6. Indemnification and Hold Harmless. Grantee agrees to protect, indemnify, and hold harmless the Grantor, its elected officials, agents, officers, and employees from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, judgments, awards, costs and expenses (including attorneys' fees and disbursements) resulting from and/or related to the use of the exclusive Easement. 7. Maintenance. Grantor shall, consistent with and concurrent with, maintenance of the adjoining public parking lot, attend to maintenance of the Parcel subject to the exclusive Easement on a periodic basis, such as cleaning, striping, sealing and, when reasonably necessary, resurfacing; provided, nevertheless, that any such maintenance or repair necessitated because of negligence or intentional act of Grantee shall be at the expense of Grantee. 8. Taxes and Assessments. Grantor shall pay all taxes, assessments and similar fees attributable to the Parcel subject to the exclusive Easement during the term of the exclusive Easement. 9. Termination of Easement. In the event that the Grantee fails to comply with any of the terms and conditions of this exclusive Easement, the Grantor may terminate this exclusive Easement upon giving Grantee thirty (30) calendar days writen notice of termination. The termination notice shall specify the reason(s) for termination. 10. Non -Waiver. Any waiver of the Grantor of any default or breach of this exclusive Easement by the Grantee must be express and in writing. No waiver shall be implied or inferred from any action or inaction of Grantor. Waiver of the Grantor of any default or breach of this exclusive Easement by Grantee does not constitute a waiver of any other and/or subsequent default or breach of this exclusive Easement by Grantee. 11. Severability. If any portion of this exclusive Easement is changed per mutual agreement or any portion is held invalid, the remainder of the exclusive Easement shall remain in full force and effect. 12. Integration. This written document constitutes the entire agreement between the Grantor and Grantee. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this exclusive Easement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 13. Notices. Unless stated otherwise herein, all notices and demands made pursuant to this exclusive Easement shall be in writing and sent to the parties to their addresses as follows: TO CITY: TO GRANTEE: City of Yakima Legal Department Attn: Raymond L. Paolella, City Attorney 200 South Third Street Yakima, WA 98901-2830 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 14. Governing Law. This exclusive Easement shall be governed by and construed in accordance with the laws of the State of Washington. 15. Venue. The venue for any action to enforce or interpret this exclusive Easement shall lie in the Superior Court of Washington for Yakima County, Washington. DATED this 5 -14 -clay of \' , 1997. STATE OF WASHINGTON :ss. County of Yakima CITY OF YAKIMA By:��`�� R. A. ZAIS, JR., City Manager ATTEST: CITY CLERK CITY CONTRACT NO: (7( RESOLUTION NO: P-`9 7 t. o I certify that I know or have satisfactory evidence that R. A. ZAIS, JR., is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as City Manager 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: 13 16-19 „aw,71)-tuk. 6-D-3 Print N_me: Mei v►kl SK:?v NOTARY PUBLIC in'd for the State of Washington, residing at 't-cV a,.uw My commission expires: S -ate -(21C) ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 1 �' For Meeting Of Resolution authorizing the City Manager and the execute a Temporary Parking Easement in favor Valley Memorial Hospital Association. Glenn Rice, Assistant City Manager Ray Paolella, City Attorney Paul T. McMurray, Assistant City Attorney CONTACT PERSON/TELEPHONE: Glenn Rice (575-6123) 5/(c/9 7 City Clerk to of the Yakima SUMMARY EXPLANATION: On November 17, 1976, Washington Mutual Savings Bank transferred, by statutory warranty deed, to the City certain real property adjacent to the Liberty Building. In the deed, Washington Mutual reserved a temporary parking easement on property. That parking easement expires on December 31, 2001. Now, the ownership of the Liberty Building has been transferred to the Yakima Valley Memorial Association. The Association has requested that the City grant a new temporary parking easement in exchange for annual easement payments that are equivalent to ten percent (10%) of the most current assessed value of the subject parcel of property. Attached hereto for the City Council's consideration and approval is the requested temporary parking easement and a resolution authorizing execution of the easement. Resolution X Ordinance Contract Other(Easement) X Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. (pm)agenda stmt/YCSAC Resolution No. R-97-66