HomeMy WebLinkAboutR-2007-189 Revocable License Agreement with Yakima Hospitality, LLCRESOLUTION NO. R-2007- 1 RA
A RESOLUTION authorizing and directing the City Manager to execute a Revocable License
Agreement with Yakima Hospitality, LLC in Washington d/b/a Holiday Inn
relating to a portion of alley right-of-way between 8I' and 9th Streets,
connecting Chestnut Street to Yakima Avenue.
WHEREAS, Yakima Hospitality, LLC has requested a vacation of the south 250 feet of a
400 foot alley right of way to facilitate the construction of a new hotel building with associated
parking; and
WHEREAS, on September 13, 2007 the Hearing Examiner for the City of Yakima
conducted an open -record public hearing regarding the requested right-of-way vacation; and
WHERAS, on September 27, 2007 the Hearing Examiner issued Hearing Examiner's
Recommendation regarding UAZO R/W VAC #2-07, (the "recommendation") recommending
that the undeveloped platted alley right-of-way be vacated per applicant's request, said
recommendation attached hereto and incorporated herein by this reference as Exhibit "B"; and
WHEREAS, at an open -record public hearing held on November 6, 2007, the City
Council considered the requested right-of-way vacation, including the documents and other
evidence which comprise the record developed before the Hearing Examiner, the Hearing
Examiner's Recommendation, and the statements and comments of interested persons; and
WHEREAS, following the Council's consideration, the applicant requested a reduction in
the requested vacation to eliminate the six most northerly lot locations, resulting in a vacation
effecting five Tots on each side of the requested vacation rather than eight on each side, and
more particularly described in Exhibit "A", attached hereto and incorporated herein by this
reference; and
WHEREAS, The City has determined that when the south 250 feet of alley is vacated,
continued City maintenance of the remaining north 150 feet of alley will be difficult due to the
creation of a dead end alley and based upon the development plans presented by Yakima
Hospitality LLC for the property abutting the remaining alley; 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; and
WHEREAS, the Yakima City Council finds and determines that it is in the public interest
to grant Yakima Hospitality, LLC a Revocable License Agreement to use the said portion of
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alley right-of-way for maintaining access within their hotel establishment and for other lawful
activities associated with its business operation; and
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 OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed o execute the
attached and incorporated "Revocable License Agreement" with Yakima Hospitality, LLC d/b/a
Holiday Inn for the exclusive use of the north 150 feet of alley right of way as described, 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. Yakima Hospitality, LLC agrees to pay for all improvements necessary to close
off the Subject Property to traffic, including but not limited to, signage and traffic controls, curb,
gutter, sidewalk and asphalt as required to safely and adequately eliminate the curb cut along
Yakima Avenue that accesses the Subject Property and incorporate the Subject Property into
Yakima Hospitality, LLC's planned use.
ADOPTED BY THE CITY COUNCIL this 11th day of December, 2007.
ATTEST:
41-440-6-u&_,
City Clerk
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FILE# 7626206
YAKIMA COUNTY, WA
09/09/2008 09:52:OOAM
AGREEMENT
PAGES: 5
Recording Fee: 46.00
CITY OF YAKIMA PLANNING
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: REVOCABLE LICENSE AGREEMENT
City of Yakima Contract No. 2007-114
City of Yakima Resolution No. R-2007-189
Party No. 1: Yakima Hospitality, LLC (d.b.a. / Holiday Inn )
( 810 East Yakima Avenue )
Party No. 2: City of Yakima
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PARTIES:
REVOCABLE LICENSE AGREEMENT
Yakima Hospitality, LLC. d/b/a Holiday Inn
City. City of Yakima, Washington, a municipal corporation
SUBJECT
PROPERTY: That portion of alley right-of-way between 8`" and 9th Streets, connecting
Chestnut Street to Yakima Avenue in the City of Yakima, Washington,
to -wit:
All that portion of the 20 -foot -wide alley within Block 171, Plat of
Huson's Addition to North Yakima, now Yakima, as recorded in Volume
"A" of Plats, page 11, records of Yakima County, Washington; Except
the south 250 feet thereof. The Subject Property can also be described
as all that portion of the 20 -foot -wide alley between Lots 9-11 westerly
thereof and Lots 6-8 easterly thereof in Block 171, Plat of North Second
Street Addition to North Yakima, now Yakima, according to the official
plat thereof recorded in Volume "A" of Plats, page 11, records of
Yakima County, Washington The tax parcel numbers abutting the
Subject Property are; 191319-12534 (Lot 11 at 802 E Yakima Ave);
191319-12531 (Lots 9 and 10 at 802 E. Yakima Ave), 191319-12530
(Lots 7 and 8 at 810 E Yakima Ave), and 191319-12529 (Lot 6 at 6 S
9`" St)
RECITALS:
City owns the_ above-described Subject Property in the City of Yakima, Washington
The Subject Property is 20 feet in width and is the north 150 feet of a 400 foot north -
south alley right-of-way between Yakima Avenue and Chestnut Street. The south
250 feet of said right-of-way is being vacated by the City to Yakima Hospitality, LLC,
the owner of the adjacent abutting properties. The City has determined that when
the south 250 feet of alley is vacated, continued City maintenance of the remaining
north 150 feet of alley will be difficult due to the creation of a dead end alley and
based upon the development plans presented by Yakima Hospitality LLC for the
property abutting the remaining alley
Yakima Hospitality, LLC owns all lots on the west side of the un -vacated alley right-
of-way Two separate owners own the lots on the east side of the un -vacated alley
right-of-way. A Holiday Inn building is proposed to be constructed on the westem
half of the block. City approval has been granted for the proposed use.
Yakima Hospitality, LLC desires to obtain from the City a revocable license to
exclusively use the Subject Property until such time as the Yakima City Council
makes a formal determination that the Subject Property should be reopened Use of
the Subject Property by Yakima Hospitality, LLC serves the public interest by
eliminating a curb cut on Yakima Avenue and securing controlled access to the
proposed hotel, as well as eliminating the problematic City maintenance of the
remaining alley Yakima Hospitality, LLC's use of the Subject Property under a
revocable license is agreeable to the City, provided that the City shall have the right
to revoke this License Agreement upon 180 days written notice to Yakima
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Hospitality, LLC of its intent to reopen the Subject Property, under the following
condition The parties to this revocable license agree that this License Agreement
shall not become revocable until after December 11, 2027, subject to the conditions
set forth in paragraph 4, below.
AGREEMENT:
For and in consideration of Three Thousand and Ninety Dollars ($3,090), receipt of
which is hereby acknowledged, the City hereby grants to Yakima Hospitality, LLC 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 Yakima
Hospitality, LLC is permissive only. Yakima Hospitality, LLC may use the Subject
Property for the purpose of maintaining access throughout their hotel establishment
and for other lawful activities specifically associated with its business operation
2. Improvements. The City shall determine appropriate signing and traffic
controls to be installed by Yakima Hospitality, LLC in order to advise motorists,
pedestrians and the general public of the alley closure Yakima Hospitality, LLC
agrees to pay for all improvements necessary to close off the Subject Property to
traffic, including but not limited to, signage and traffic controls, curb, gutter, sidewalk
and asphalt as required to safely and adequately eliminate the curb cut along
Yakima Avenue that accesses the Subject Property and incorporate the Subject
Property into Yakima Hospitality, LLC's planned use
3. Condition of Subject Property. Yakima Hospitality, LLC agrees to
reasonably maintain the Subject Property to at least as good a condition as it exists
on the date of execution of this Agreement, recognizing that the premises may only
be used for those purposes identified above Reasonable maintenance shall include
keeping the property free of litter, snow, and in an aesthetically acceptable state No
use or improvements made by Yakima Hospitality, LLC upon the Subject Property
shall be considered as establishing the boundaries of the subject premises, nor give
nse to any right or claim of ownership thereof in favor of Yakima Hospitality, LLC
under any legal theory, including but not limited to a claim of adverse possession,
prescriptive easement or any other means
4 Termination. It is the parties' intent that Yakima Hospitality, LLC shall be
subject to termination of the Revocable License granted herein at such time as there
are no remaining contingencies restricting the City's ability to reopen the property as
alley nght-of-way. Upon removal of the last actual contingency, the City may, upon
180 days' written notice of its intent, revoke this License Agreement and Yakima
Hospitality, LLC's permission to use the Subject Property The 180 days written
notice of termination shall be delivered to Yakima Hospitality, LLC / c/o
Administrator, 1232 Columbia Park Trail, Richland, WA 99352 by certified mail,
return receipt requested Upon receipt of the City's notice of Intent to revoke said
license, Yakima Hospitality, LLC shall, within 180 days of that date, remove all of its
facilities and structures then existing on the Subject Property Notwithstanding, any
provision in this section 4 to the contrary, and on the basis of the consideration
provided by Yakima Hospitality, LLC herein described, the City agrees that it shall
not terminate or revoke Yakima Hospitality, LLC's permission to use the Subject
Property prior to December 11, 2027, unless Yakima Hospitality, LLC materially
breaches this Agreement by failing to use and maintain the property as set forth
herein. The parties further agree that this Agreement may be extended one time for
a number of years not to exceed the term of the original Agreement. Any such
extension of this Revocable License Agreement must me completed prior to the
termination of the original Agreement term
5 Indemnities. Yakima Hospitality, LLC shall protect, defend, indemnify,
and hold the City harmless 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 for the entire
duration of this Agreement, arising 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 occurnng on the Subject Property during Yakima Hospitality, LLC's use,
possession, or control of the Subject Property or any other property that result in the
Subject Property becoming contaminated with hazardous substances, or (3) any
litigation or legal challenge pertaining to the validity of this Agreement.
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 Yakima Hospitality, LLC ceases all use of
the Subject Property with intent to abandon the uses contemplated herein for a
period exceeding 30 days, 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 by the
City Engineer Nothing -in this Agreement shall diminish or affect the City's
unconditional right to access the Subject Property for repair, maintenance, and
operation of City utilities
10 Assignment. This Agreement, or any interest herein, or claim hereunder,
shall not be assigned or transferred in whole or in part by Yakima Hospitality, LLC to
any other person or entity without the prior written consent of the City In the event
that such prior written consent to an assignment is granted, then the assignee shall
assume all duties, obligations, and liabilities of Yakima Hospitality, LLC stated
herein
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11 Governing Law / Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington The venue for
any action to enforce or interpret this Agreement shall lie in the Superior Court of
Washington for Yakima County, Washington
Sepivierk be. 2-008.
Dated this f day of
CITY OF YAKIMA, WASHINGTON YAKIMA HOSPITALITY, LLC
R A. ZAIS, JR
City Manager
CITY CONTRAC r No: /�aa� 7-7/i
/t
RESOLUTION N0: '44' -11
Administrator
r
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2 L/- A
For Meeting of December 11, 2007
ITEM TITLE: Resolution authorizing and directing the City Manager to execute a Revocable
License Agreement with Yakima Hospitality, LLC relating to a portion of alley right-of-way
between 8th and 9th Streets and Yakima Avenue and Chestnut Street.
SUBMITTED BY William R. Cook, Director of Community Economic Development
CONTACT PERSON / TELEPHONE* Doug Maples, Code Administration and Planning
Manager, 575-6262
SUMMARY EXPLANATION:
Yakima Hospitality, LLC, has petitioned to vacate the southem 250 of a 400 foot alley A
Revocable License Agreement between the City and Yakima Hospitality, LLC for the exclusive
use of the northern 150 feet of alley right-of-way is hereby submitted for your approval
Resolution X Ordinance Contract Other (Specify) License Agreement
Funding Source
APPROVAL FOR SUBMITTAL. City Manager
STAFF RECOMMENDATION Adopt resolution
BOARD/COMMISSION RECOMMENDATION.
COUNCIL ACTION: