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Home My WebLink AboutR-2008-085 Lady Liberty Temporary Parking EasementA RESOLUTION RESOLUTION NO. R-2008-85 authorizing the City Manager and the City Clerk of the City of Yakima to execute a "Temporary Parking Easement" in favor of Lady Liberty, LLC WHEREAS, the City owns land legally described as (abbreviated): Lot 23, Block 50, recorded in Volume "A", page 10, recorded in Volume "E", page. 1; and WHEREAS, Lady Liberty LLC has requested that the City grant a temporary parking easement in accordance with the terms and conditions of the attached Temporary Parking Easement; and WHEREAS, the parking easement shall commence on July 1, 2008 and end on June 30, 2009 at which time Lady Liberty, LLC shall have the option of extending this exclusive easement for ten (10) additional one year terms; and WHEREAS, under the terms of the Temporary Parking Easement, Lady Liberty, LLC shall pay the City an annual easement payment of four thousand dollars ($4,000) for the July 1, 2008 _ June 30, 2010 period. Effective July 1, 2010, the annual easement payment shall be increased by two (2) percent per year for each subsequent extension; 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 Lady Liberty, LLC; 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 Lady Liberty, LLC. ADOPTED BY THE CITY COUNCIL this 3rd day of J , 2008. J� avid Edler, Mayor ATTEST: City Clerk • TEMPORARY PARKING EASEMENT GRANTOR: CITY OF YAKIMA GRANTEE: LADY LIBERTY, LLC LEGAL DESCRIPTION (abbreviated): Lot 23, Block 50, recorded iri Volume "A", page 10, recorded in Volume "E", page 1. 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 LADY LIBERTY, ;LLC, a Washington limited liability company, 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 one (1) year commencing, on July 1, 2008 and ending on June 30, 2009, 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 ten (10) additional one (1) 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 extensions shall be upon all of the provisions applicable to the original term of this exclusive Easement, with the exception of the annual lease payment amount, which may be adjusted by Grantor through written notice to Grantee three (3) months prior to expiration date of the then current term. 3. Annual Easement Payment. Grantee shall pay in advance to theGrantor an annual easement payment of Four Thousand Dollars and 00/00 ($4,000.00), payable in full upon execution of this exclusive Easement by both parties for the initial one-year term. Succeeding one year, terms shall be payable in full upon delivery of each subsequent written notice of intent to extend the Easement for an additional year. Effective July 1, 2010, the annual easement paymentshall be increased by an amount of two (2) percent per year for each subsequent extension, as provided in paragraph 2 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-insured's, 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, indemnity, 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 written 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 Grantor: City of Yakima Legal Department Attn: 200 S 3rd St Yakima, WA 98901-2830 To Grantee: Lady Liberty, LLC Attn: Butch Gaberman 111 S 33rd St, Suite 100 Yakima, WA 98901-1471 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 « day of CY OF YAKIMA By: • STATE OF WASHINGTON ) ss. County of Yakima I certify that I know or have satisfactory evidence that e 1CV \r c1` 704 signed this instrument and acknowledged it to be their free and voluntary act and deed for the uses and purposes mentioned in the instrument. DATED this I \ day of 9tA , J NOTARY PUBLIC in and for the State of Washington, residing at 141.(k.) Commission Expires:? / /07 • • City of Yakima' 129 North 2' Street Yakima, WA 98901 Date of Invoice: May 23, 2008 Billed To: Lady Liberty, LLC C/O Bill Almon, Jr. Almon Commercial Real Estate 111 S. 33`d Street, Suite 100 Yakima, WA 98901 Description of charges: INVOICE 2008-LLPE Remit To: City of Yakima Attn. City Manager's Office 129 North 2nd Street Yakima, WA 98901 2008 Temporary Parking Easement Total Amount Due: Amount: $4,000.00 $4,000.00 OFFICE OF THE CITY MANAGER 129 North Second Street CITY HALL, Yakima, Washington 98901 Phone (509) 575-6040 May 23, 2008 Bill Almon, Jr. Almon Commercial Real Estate 111 S. 33`d Street Suite 100 Yakima, WA 98901 RE: Lady Liberty Temporary Parking Easement Dear Bill: Thank you for your help in finalizing the Temporary Parking Easement for Lady Liberty. I have enclosed a signed and notarized copy of the final easement agreement for your files. Also enclosed is an invoice in the amount of $4,000. As stated in Item 3 of the Easement "grantee shall pay in advance to the Grantor an annual easement payment of Four Thousand Dollars and 00/00 ($4,000) payable in full upon execution of this exclusive Easement by both parties for the initial one-year term." Please feel free to contact me if you have any questions or concerns. Again, thank you for your help with this. Sincerely, Dave Zabell Assistant City Manager Encl. Temporary Parking Easement Invoice • • 1 Yakima Ro-rim.wan 1111 pr' 1 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / For Meeting of June 3, 2008 ITEM TITLE: Resolution authorizing the City Manager and the City Clerk to execute a Temporary Parking Easement in favor of Lady Liberty, LLC. SUBMITTED BY: Dave Zabell, Assistant City Manager CONTACT PERSON/TELEPHONE: Dave Zabell (575-6040) SUMMARY EXPLANATION: The City owns land legally described as (abbreviated): Lot 23, Block 50, recorded in Volume "A", page 10, recorded in Volume "E", page 1. Lady Liberty, LLC requests that the City grant an exclusive Temporary Parking Easement in exchange for annual easement payments of $4,000 and other good and valuable consideration. This Temporary Parking Easement would commence on July 1, 2008 and end on June 30, 2009 at which time Lady Liberty, LLC shall have the option of extending this exclusive easement for ten (10) additional one year terms. Effective July 1, 2010, the annual easement payment shall be increased by two (2) percent per year for each subsequent extension. Resolution X Ordinance Other (Specify) Easement Contract Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: Oma`'' Y Phone: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: