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02/02/2021 04F Temporary Long-Term Right-of-Way Use Permit at Virginia Mason Memorial Hospital ti i..asxntntj kd 11 ,,te (*:11"k44:40:0):4 �g�$�Ag VC)*ae.. x°'naa.x,,4n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.F. For Meeting of: February 2, 2021 ITEM TITLE: Resolution authorizing a temporary long-term right-of-way use permit to facilitate construction at Virginia Mason Memorial Hospital SUBMITTED BY: Joan Davenport,AI CP, Community Development Director Glenn Denman, Code Administration Manager Joseph Calhoun, Planning Manager- 575-6042 SUMMARY EXPLANATION: Virginia Mason Memorial Hospital is requesting a temporary Right-of-Way closure in accordance with YMC 8.20.040(A). The closure will consist of the sidewalk area along South 30th Avenue and West Walnut Street to allow for the construction of an approved building addition. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type esolufion 1/ 1/ 021 esolu ion 2 RESOLUTION NO. R-2021- A RESOLUTION authorizing a long-term right-of-way use permit to facilitate construction at Virginia Mason Memorial Hospital. WHEREAS, pursuant to YMC Ch. 8.20, VK Powell Construction LLC, on behalf of Virginia Mason Memorial Hospital, has submitted an application for a long-term right-of- way use permit (see RL200068, incorporated herein as Exhibit "A"); and WHEREAS, pursuant to YMC 8.20.040(A), business and commercial right-of- way permits which comply with the requirements of YMC 8.20 shall be transmitted for consideration by the City Council; and WHEREAS, the Code Administration Manager has reviewed the application and has determined that it complies with the applicable requirements of YMC Ch. 8.20; and WHEREAS, upon consideration of the application and recommendation of the Code Administration Manager, the City Council has determined that the requested long- term right-of-way use permit shall be approved; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council has determined that the requested long-term right-of-way use permit is consistent with the applicable requirements of YMC Ch. 8.20 and shall be approved for one-year from the date below. ADOPTED BY THE CITY COUNCIL this 2nd day of February, 2021. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 3 Exhibit "A" 1 COMMUNITY DEiELOPMENT DEP4R1MENT ) Code Administration Division uip.r).....II 129 North Second Street,2.1 Floor Yakima,Washington 98901 .-11 (509)575-6126 Fax(say 576-6576 •'., ,, • cadesCt0,yakimatva.gov WW{S,buildingyakima,com Permit/ q E___ (air Fs, License# RIGHT OF WAY USE REGULATORY LICENSE APPLICATION YMC Chapter 8.20 Fee: Right of Way Use Permit(PermanenVLonq-Term) $100.00 Non-Refundable Application Fee I$100.00 Annual Renewal Fee CI Small Wireless Facility $100.00 Non-Refundable Application Fee/$100.00 Annual Renewal Fee $150.00 Post-Installation Inspection Fee CI Short-Term Permit(Less than 30 days in Duration' $50.00 Non-Refundable Application Fee Tye Use Permit: Business/Commercial Use(Commercial or Industrial Zone)—YMC 8.20.040(A) City of Yakima Business License#: Rucb kiSS k 0 Residential Right of Way Use(Located within a Residential Zone)—YMC 8.20.052 0 Signs(including sidewalk and/or projecting signs)—YMC 8.20.055 CI Small Wireless Facility—YMC 8.20.057 0 Short-Term Permit—YMC 8.20.075 Start Date: End Date: Applicant Info: Owner or 0 Entitled Occupier of Adjacent Property] Name: VI RA.11-tlA tviAa:14 ME-MDR-UNA— I46P1 TAL Address: Z.E311 Tt*-1-0t4 D . City: YAKLAVt State: WA Zip: Phone: 50 -575- MOO Alternate Phone: E-mail: Public Right-of-Way Use Location: . ...,43 Describe Location: .5,0e-wPd...44 ON . ..x, AWE, PSD kuW" wAt.4.tur a Purpose of Right of Way Use: ALUM FOR- CoM 6TRIXT.DP OF 8Q%LDI'J6- ADD0101,1 Type of Business Operated on Adjacent Property(if applicable): 5A,..e. owl,Lca_ Ot4 ZOTH 5,0E5 OF 130111 STREETS Required Submittals: 0 A Scaled Site Plan depicting the public right-of-way. ',Copies ArTAcmeD 13 Plans and specifications for utility/structure desired in or on public right-of-way. 0 For permit specific requirements,see applicable code section in YMC 8.20. Hold Harmless and Indemnification Agreement(attached) Prior to issuance of license,applicant shall file evidence of comprehensive public liability insurance,pursuant to the limits in YMC 8.20.060,with the City of Yakima named as an additional insured party;a copy of additional insured endorsement shall be included. co ANPtare• celcii Fir.'cre... is ALREA-940t4 FiLk. With c4ri° oF**4.1-tmA, -PAsae I IS *TT 60 4 FOR OFFICE USE L ermit/License Receipt 1; Transmit to: t For Business/Commercial Uses transmit to the City Clerk for City Council consideration. D For Residential Right of Way Use,within the Residential zones,transmit to the Community Review Board for consideration. ❑ For permits to place,signs in city-owned right-of-way,including sidewalk signs or projecting signs (YMC 8.20. 55),applications shall be reviewed and approved or denied by the Community Development Director,or designee. Short-Term Permit applications shall be reviewed and approved or denied by the Community Development Director,or designee: ❑ Small Wireless Facilities are granted or denied by the Public Works Director,or designee. Page 2 of 3 5 HOLD HARMLESS AND INDEMNIFICATION AGREEMENT RIGHT OF WAY USE REGULATORY PERMIT:YMC 8.20 THIS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT("Agreement")is hereby entered into by Vithii `'` .0fl `-WICt (hereinafter referred to as"Applicant")holding harmless the CITY OF YAKIMA as outlined herein. Applicant voluntarily assumes and freely chooses to incur any and all risk of loss,damages, or injury that may occur or arise from any activities undertaken on,within,above or over the City of Yakima's right of way for which the right of way use regulatory permit is issued. Applicant shall hold harmless,protect,defend,indemnify and hold the City,and its elected and appointed officials,employees and agents,harmless from and against any and all claims,demands, losses,damages,liens,liabilities,penalties,fines,lawsuits,and other proceedings,and any costs and expenses associated with the same(including attorney's fees and disbursements,whether in litigation or not),which accrue to or are incurred by the City,or its elected or appointed officials,employees or agents, and which arise directly or indirectly from or out of,relate to,or in any way are connected with personal injuries, loss of life or property damage occurring because of the Applicant's, its agents, successors,assigns,contractors,employees,invitees or any third party's use,operation,placement of items or materials within the right of way, or maintenance of the right of way covered by this Agreement and the right of way use permit granted by the City,and any litigation,legal challenge or determination pertaining to the validity of this agreement. This Agreement was voluntarily entered into by Applicant as part of the application process for a Right of Way Use Regulatory Permit[Permit/License# T. Applicant has read and understands the information in this Agreement and hereby agrees to all the terms contained herein.This Hold Harmless and Indemnification Agreement shall run with the land and is binding on the parties and their successors in interest and assigns. DATED this day of N�, � ,20. APPLICANT: 13;111Ai.A. vt e r"' By(Print name): STATE OF WASHINGTON ) ) ss. County of Yakima I certify that I know or have satisfactory evidence that PO,\\ i is the person who appeared before me,and said person acknowledged that he sig e this instrument,on oath stated that he was authorized to execute this instrument,and acknowledged it to be their free and voluntary act for the uses and purposes 20 mentioned in this instrument. DATED this \ of / 20 . %10.111y11, 1, tAOTAio vet Print Name: 1 ..�. 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