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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 1 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 2 aqui iqu iuu llII IIHIlull iiiii iui mid Ii um 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 % /gt.50/0 4dcil .off RI"e !/qI3/9_/x.55/d� v� !7 �i / d/ noried eev At.ee .: e7.1 %P 2 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 1 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 3 l 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: