HomeMy WebLinkAboutR-2003-012 Royal Yakima Development Settlement AgreementRESOLUTION NO. R-2003- 12
A RESOLUTION authorizing and directing the City Manager to execute a
settlement agreement between Royal Yakima
Development, L.L.C., a Washington limited liability
company, and George Cameron and Janin Cameron,
husband and wife (collectively referred to hereinafter as
"Royal Yakima"), and the City of Yakima, Washington, a
Washington municipal corporation.
WHEREAS, Royal Yakima is the applicant for permits from the City of
Yakima (the "City") for development of a sports bar, full-service restaurant
and enhanced card room on real property commonly known as 3807 River
Road, Yakima, Washington (Parcel No. 181315-12041) (the "Project"); and
WHEREAS, the Hearing Examiner for the City conducted an open
record public hearing on March 28, 2002 and issued a written decision
approving the Project on April 11, 2002; and
WHEREAS, the Yakima City Council held a closed record appeal
hearing on May 21, 2002 and issued a decision reversing the decision of the
Hearing Examiner and denying the Project's land use applications; and
WHEREAS, on or about June 10, 2002, Royal Yakima initiated a
Petition for Review of Land Use Decision and Complaint for Damages against
the City in Yakima County Superior Court (the "Petition"); and
WHEREAS, the City and Royal Yakima now seek to resolve and settle
the claims alleged in the Petition by implementing certain additional
conditions in connection with the Project in accordance with the terms and
conditions of a settlement agreement attached hereto as Exhibit "A" (the
"Agreement"); and
WHEREAS, the Yakima City Council finds and determines that it is in
the public interest to authorize the City Manager to execute the Agreement
for the purposes stated in the Agreement and herein, 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 settlement agreement attached hereto as Exhibit "A"
Page -1
with Royal Yakima Development, L.L.C., and George Cameron and Janin
Cameron, husband and wife, thereby settling any and all claims associated
with the Project and the Petition and, further, imposing additional conditions
on the Project increasing the compatibility of the Project with the
surrounding land use environment pursuant to the Yakima Urban Area
Zoning Ordinances.
ADOPTED BY THE CITY COUNCIL this 28th day of January, 2003.
Maryace, Mayor
ATTEST:
City Clerk
Page -2
SETTLEMENT AGREEMENT
This Agreement is by and between Royal Yakima Development, L.L.C., a
Washington limited liability company, and George Cameron and Janin Cameron,
husband and wife (collectively referred to hereinafter as "Royal Yakima"), and the City
of Yakima, Washington, a Washington municipal corporation (the "City"). In
consideration of the mutual covenants and obligations set forth herein, the parties agree:
1. Recitals.
1.1. Royal Yakima is the applicant for permits from the City for
development of a sports bar, full-service restaurant and enhanced card room on real
property commonly known as 3807 River Road, Yakima, Washington (Parcel No.
181315-12041) (the "Project"). The application was deemed complete by the City on
January 24, 2002, and the City processed the project as categorically exempt from review
under the State Environmental Policy Act ("SEPA"), Chapter 43.21C RCW.
1.2. The Hearing Examiner for the City conducted an open record
public hearing on March 28, 2002. The City staff report presented to the Hearing
Examiner recommended approval of certain permits necessary for the Project. The
Hearing Examiner issued a written decision approving the Project on April 11, 2002. The
Yakima City Council held a closed record appeal hearing on May 21, 2002. On June 4,
2002, the City issued a decision reversing the decision of the Hearing Examiner and
denying the Project's land use applications.
1.3. On or about June 10, 2002, Royal Yakima initiated a Petition for
Review of Land Use Decision and Complaint for Damages against the City in Yakima
County Superior Court (the "Petition"). In the Petition, Royal Yakima sought reversal of
the Yakima City Council decision of June 4, 2002, as well as money damages in an
amount to be proved at time of trial for the City's alleged violation of 42 U.S.C. 1983 and
RCW 64.40.020.
1.4 The City and Royal Yakima seek to resolve the claims alleged in
the Petition by implementing certain additional conditions in connection with the Project
in accordance with the terms and conditions of this Agreement.
2. Settlement. The City and Royal Yakima hereby agree to settle, pursuant
to the terms of this Agreement, their dispute as to the Petition and the Project.
3. Additional Project Conditions. In addition to those certain conditions
otherwise previously imposed during the review of the Project by the City and/or the
Hearing Examiner, Royal Yakima hereby agrees to conditions on the approval of the
Project's certificate of zoning review and building permit set forth on Exhibit "A" (the
"Additional Conditions"). Royal Yakima agrees that the Additional Conditions may be
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imposed on the certificate of zoning review and/or the building permit. The Additional
Conditions shall be fully enforceable as conditions of any of the Project's permits as may
be provided for by the Yakima Municipal Code, or as may be enforced by state law or as
otherwise provided herein. Whether or not the Additional Conditions are imposed on the
certificate of zoning review and/or the building permit, Royal Yakima shall implement
the Additional Conditions as a covenant of this Agreement. This Agreement, and the
Additional Conditions, shall constitute a covenant running with the subject land, and may
be recorded by either party in the real property records with the Yakima County Auditor.
4. Termination of Agreement. If Royal Yakima and its affiliates, successors,
or assigns, elects to abandon the Project, then Royal Yakima and owners may give notice
of such election to the City, and upon such notice, the Additional Conditions shall
automatically terminate, and no Party shall have any further obligations under this
Agreement.
5. Withdrawal of Opposition; Dismissal of Petition; Settlement. As long as
Royal Yakima is performing its obligations under this Agreement, and under the Project
application and related permits, the City shall not file any further appeals of the Project,
nor shall the City take any other action to oppose, hinder, delay or object to the
development of the Project or the implementation of the Additional Conditions. Nothing
herein shall preclude the City from: (i) seeking enforcement by the City of the
implementation of the Additional Conditions by Royal Yakima; (ii) seeking a
determination of whether the Additional Conditions are being satisfied; (iii) seeking to
enforce the City's obligations under this Agreement; or (iv) exercising any rights it may
otherwise have in connection with review of any revision or modification of the Project.
Immediately after the final execution of this Agreement by the Yakima City
Council, Royal Yakima will enter such pleadings with the Yakima County Superior
Court as may be necessary to dismiss the Petition with prejudice and without costs to any
party.
By execution of this Agreement Royal Yakima shall hereby have settled all
claims for damages of any kind, including claims for monetary damages arising out of the
City's actions in any way related to the Project whether said claims are based on contract,
statutory or constitutional causes of action, or any other basis.
6. Breach. Any failure by a party to perform any action required to be
performed hereunder shall constitute a breach of this Agreement. In the event of such
breach, any non -defaulting Party shall be entitled to pursue any and all remedies, both
legal and equitable, including without limitation specific perfoiiiiance and/or suit for
damages. All terms and provisions of this Agreement are material and not severable.
7. Agreement Not Enforceable by Third Parties. This Agreement is neither
expressly nor impliedly intended for the benefit of any third party and is neither expressly
nor impliedly enforceable by any third party.
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8. Authority to Execute. Each person executing this Agreement on behalf of
another person, corporation, partnership, company, or other organization or entity,
represents and warrants that he or she is fully authorized to execute and deliver this
Agreement on behalf of the entity or Party for which he or she is signing. George and
Janin Cameron, husband and wife, warrant and represent that they are the sole owners of
the property upon which any of the Additional Conditions are to be imposed; provided,
further, George and Janin Cameron, husband and wife, together with Royal Yakima
Development, L.L.C., further warrant and represent, jointly and severally, that they have
full power and authority to enter into this Agreement and to undertake the actions
contemplated herein, and that this Agreement is enforceable in accordance with its terms.
This Agreement shall not be binding until it is duly approved by the Yakima City
Council.
9. Voluntary Execution. In executing this Agreement, the Parties
acknowledge that they have consulted with their duly licensed and competent attorneys,
and that they have executed this Agreement after independent investigation, voluntarily
and without fraud, duress or undue influence, and they exclusively consent that this
Agreement be given full force and effect according to each and every one of its express
terms and provisions.
10. Notice. Any notice which any Party to this Agreement desires or may be
required to make or deliver to the other shall be in writing, shall be sent by certified marl,
return receipt requested or by a reputable overnight receipted delivery service, and shall
be addressed as follows:
For the City:
Mr. Richard A. Zais, Jr.
City Manager
Yakima City Hall
129 N. 2d Street
Yakima, WA 98901
For Royal Yakima:
Royal Yakima Development, L.L.C.
3700 Pacific Hwy. E #410
Tacoma, WA98424
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With a copy to:
Mr. Ray Paolella
City Attorney
Yakima City Legal Department
200 S. 3d Street
Yakima, WA 98901
With a copy to:
James C. Carmody
Velikanje, Moore & Shore, P.S.
405 East Lincoln Avenue
Yakima, WA 98901
For Cameron:
George and Janin Cameron
2000 Nile Road
Naches, WA 98937
With a copy to:
Michael D. Finney
Finney, Falk & Lawrence-Berrey
117 N. 3d St. Ste. 201
Yakima, WA 98901
Any party may change the address and/or person serving as its agent upon adequate
written notice to the other parties.
11. Interpretation. This Agreement was drafted by counsel for the parties and
there shall not be a presumption or construction against any of the parties. Any titles or
captions of paragraphs contained in this Agreement are for convenience and reference
only. All of the terms and conditions set forth herein are binding on the parties,
regardless of the section in which such terms and conditions are set forth.
12. Binding Nature of Agreement. This Agreement shall be binding upon and
inure to the benefit of the parties, their heirs, executors, administrators, successors,
devisees, assigns and all persons now or hereafter holding or having all or any part of the
interest of a party to this Agreement.
13. Governing Law, Venue, and Attorney's Fees. This Agreement shall be
governed by and construed in accordance with the laws of the State of Washington.
Venue for any action arising out of or relating to this Agreement shall lie in Yakima
County Superior Court. In the event of a lawsuit to enforce or interpret this agreement,
the prevailing party shall be entitled to recover from the other party its attorneys fees
incurred either at trial or on appeal.
14. Entire Agreement. This Agreement contains the entire understanding
among the parties with respect to the subject matter hereof. Except as provided herein,
there are no other representations, agreements, arrangements, or understandings, verbal or
written, between and among the parties relating to the subject matter of this Agreement.
No amendment or modification to this Agreement shall be valid or effective unless made
in writing and executed by the City and Royal Yakima after the effective date of this
Agreement.
15. Counterpart Originals. This Agreement may be executed by facsimile and
in any number of counterpart originals, each of which shall be deemed to constitute an
original agreement, and all of which shall constitute one agreement.
Dated this day of January, 2003.
ROYAL YAKIMA DEVELOPMENT, L.L.C.
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Its A.4,4 -0/1-4/Q4
CITY OF YAKIMA, WASHINGTON
1 J 1 > CITY CONTRACT N0: Ae90J -O 5"
Richard A. Zais City Manager RESOLUTION NO: /Q- -/a
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STATE OF WASHINGTON )
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COUNTY OF /" kw. 4 )
On this day personally appeared before me T44 4s C - Rep- leis , to me
known to be the A.44au4 res t,,,�j, e- of ROYAL YAKIMA DEVELOPMENT,
L.L.C., a Washington limited liability company, the corporation that executed the within
and foregoing instrument, and acknowledged the instrument to be the free and voluntary
act and deed of said corporation for the uses and purposes therein mentioned, and on oath
stated that he was duly authorized to execute said instrument on behalf of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this /a day
of %'.,oraaa ,2003.
5
STATE OF WASHINGTON
COUNTY OF YAKIMA
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OTARY PUBLIC in and for pie State of
Washington, residing at )4; kr 11--4- 4
My Commission expires: 6-/- (9 3
On this day personally appeared before me GEORGE and JANIN CAMERON,
husband and wife, to me known to be the individuals who executed the within and
foregoing instrument, and acknowledged the instrument to be the free and voluntary act
and deed of each such person for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this y day
of Fe ,, .2003.
STATE OF WASHINGTON
COUNTY OF Yakima
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ss.
print or type name)
NOTARY PUBLIC in and for ple State of
Washington, residing atI ✓ / ,
My Commission expires: k.,-/
-�
On this day personally appeared before me Richard A. Zais, Jr., to me known to
be the City Manager of the City of Yakima, Washington, a Washington municipal
corporation, the municipal corporation that executed the within and foregoing instrument,
and acknowledged the instrument to be the free and voluntary act and deed of said
municipal corporation for the uses and purposes therein mentioned, and on oath stated
that he was duly authorized to execute said instrument on behalf of said municipal
corporation.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this
of jj_�Nti,,, , 2003.
day
(print or type name)
NOTARY PUBLIC in and or the State of
Washington, residing at
My Commission expires: f 03-/-57-e)&,
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EXHIBIT A
ADDITIONAL CONDITIONS
1. A six -foot -high, view -obscuring fence, made of wood or masonry block
and accompanied by landscaping vegetation complying with sitescreening "Standard C,"
as set forth in Ch. 15.07 et seq. of the Yakima Urban Area Zoning Ordinances, shall be
erected along the southern perimeter of the parcel on which the Project is located for a
distance of approximately 185 feet; at the westernmost point of said fence, the fence shall
continue in a northerly direction for approximately 150 feet. Said fencing shall be
continuous in length, shall be erected beyond the location of the existing parking areas,
shall contain no gates or points of ingress or egress, and shall not be located upon any
existing City right of way. The City shall grant any variances necessary to accommodate
said fencing as provided for herein.
Attached as Exhibit A-1 is a diagram showing the location of the required
fencing.
2. On -premises signage visible from the City's Chesterley Park shall be
limited to one freestanding sign located in substantially the same area, and with
substantially the same dimensions, as the sign and pole existing as of the date of this
Agreement, near the southwest corner of the Project site. No off -premises signage shall
be directed at or focused on the vicinity of the City's Chesterley Park.
3. Any expansion of the physical structure located on the Project site beyond
the expansion described in the decision of the City of Yakima Hearing Examiner, UAZO
CL(3) #2-02, dated April 11, 2002, shall not occur except inasmuch as the same shall be
directed to the northerly portion of the premises and provided that the same shall be
considered a nonconforming use if it results in the expansion or intensification of the use
of the premises as a social card room, as that term is defined in applicable local zoning
provisions.
4. No person under the age of twenty-one (21) shall be allowed to participate
in any gambling activity licensed, permitted, or otherwise regulated by Washington state
law or agency regulation conducted on the premises; provided, however, that this
restriction shall not apply in the event that the interior layout (i.e., floor plan) of the
facility is modified in the future such that there is an actual physical barrier separating
that portion of the premises at which such gambling activities occur from the portion of
the premises at which liquor service and/or consumption occurs. Royal Yakima agrees to
install and prominently post restricted area boundaries and associated signage reasonably
adequate to inform all customers of the restriction described herein in this paragraph 4,
and as described in the following paragraph 5.
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5. No person under the age of eighteen (18) shall be allowed to enter or
remain on or in the premises after the hour of 9:00 p.m.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.: -3
For Meeting of: „..I?.datertry-T, 2003
ITEM TITLE: Consideration of Resolution Authorizing Settlement Agreement with Royal
Yakima Development, LLC and George Cameron and Janin Cameron
SUBMITTED BY: 1� Cook, Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: William Cook, Director of Community and Economic
Development (575-6113)
SUMMARY EXPLANATION:
The attached settlement agreement is intended to settle any and all litigation between Royal Yakima,
George Cameron and Janin Cameron, and the City of Yakima associated with the land use petition filed
in Yakima County Superior Court. The agreement provides for a dismissal of said petition in exchange
for all approvals and or permits necessary for the project, consistent with the City of Yakima Hearing
Examiner decision dated April 11, 2002. Further, the settlement agreement imposes additional
conditions in order to satisfy the compatibility analysis provided for in the Yakima Urban Area Zoning
Ordinance
Resolution X Ordinance Contract Other Specify
Funding Source:
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution approving Settlement Agreement
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-12
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iNATER
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PLOT MAP
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file://C :\Documents%20and%20Settings\dmoore\Local%20Settings\Temporary%20lntern... 1/21/2003
January 21, 2003
In regard to the proposal concerning the Royal Casino at Chesterly Park:
Given that the proposed casino/restaurant is across the street from a family park that is
host to many soccer teams at any given time, it is logical to assume that families may
decide to dine at the restaurant.
With the possibility of video gambling looming before us, we need to consider how much
appeal and influence an adult "video arcade" would have on young people. We keep
cigarette machines out of sight. Shouldn't we do the same with gambling devices?
I suggest that the language in this proposal should include making the dining room
barriers both sight and sound proof.
Thank you,
T7; :,
Sandra Swanson