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HomeMy WebLinkAbout09/03/2013 10 Right-of-Way Use Agreement with Russillo's Inc. for Six Parking SpacesBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 9/3/2013 ITEM TITLE: Resolution ratifying license agreement with Russillo's, Inc for Exclusive Right -of -Way Usage on North Front Street. SUBMITTED BY: Sean Hawkins Economic Development Manager 575 -6274 SUMMARY EXPLANATION: Russillo's, Inc., a new tenant at the Yakima Train Depot, is requesting a license to use a portion of the City's right of way to accommodate use of six (6) parking spaces exclusively for parking of vehicles of Russillo's restaurant customers. In order to use the designated parking spaces, Russillo's desires a license to allow vehicles parked within such parking spaces to extend up to five (5) feet into the North Front Street right -of -way. The City Council has previously provided a similar license agreement at the train depot. Public parking is still available at 2 -hour parking stalls, with monthly parking passes, and at free lots close by. Resolution: Other (Specify): License Agreement Contract: Start Date: Item Budgeted: NA Funding Source /Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: Ordinance: Contract Term: End Date: Amount: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Resoution Russillos Inc Sept 3 2013 812312013 Cover Memo license agreement 812812013 Cover Memo Photo of Parking Spaces in front of Yakima Train 0 812312013 Cover Memo Da of RESOLUTION NO. R -2013- A RESOLUTION authorizing and ratifying City Manager's execution of a license agreement between Russillo's Inc. and City of Yakima to allow Russillo's to use a portion of the City's right of way to accommodate use of six (6) parking spaces exclusively for parking of vehicles of Russillo's restaurant customers. WHEREAS, the City of Yakima (City) owns the Right of Way in front of the Yakima Train Depot on North Front Street; and WHEREAS, the Yakima Train Depot property contains a designated indented area within and upon its property for parking of vehicles to accommodate customers accessing the Yakima Train Depot property; and WHEREAS, vehicles of patrons using the Train Depot parking in such designated parking spaces are primarily located upon Train Depot property situated to accommodate such parking, with only incidental extension onto the traveled portion of the public right -of- way of North Front Street; and WHEREAS, Russillo's, Inc is opening a new downtown location in the Yakima Train Depot and wants to ensure that the six (6) parking spaces in front of the Yakima Train Depot can be used for exclusive use of its customers; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager's execution of the license agreement with Russillo's Inc, a copy of the Agreement with an attached photo is attached hereto and by reference made a part hereof, is hereby ratified and approved as and from its date of execution. ADOPTED BY THE CITY COUNCIL this Td day of September, 2013. ATTEST: City Clerk Micah Cawley, Mayor PARTIES: Licensee: - Russillo's, Inc, doing business as Russillo's Pizza & Gelato (hereafter "Russillo's"), leasing commercial space within the Yakima Train Depot from the owner thereof, Burlington Northern and Santa Fe Railway Company • • • SUBJECT PROPERTY: City Propeft: North Front Street right-of-way Burlington Northern Property: The parcel described below, which is currently occupied by the building and improvements 1 - kima Train Depo City owns the above-described right-of-way described as North Front Street along the frontage of the Yakima Train Depot. Burlington Northern owns the property described as the Yakima Train Depot on North Front Street. Russillo's, a tenant at the Yakima Train Deport, is requesting a license to use a portion ' of the City's right of way to accommodate use of six (6) parking spaces exclusively for parking of vehicles of Russillo's restaurant customers. The six parking spaces are the first six spaces extending southeasterly from the northern end of the Yakima Train Depot. 1:0x:.._ z I i For and in consideration • the covenants and agreements contained herein, the City hereby grants to Russillo's a revocable license to use a portion of North Front Street right-of-way for the purposes described above and hereinafter stated, subject to the following terms and conditions: 2. No License Fee: No License Fee shall be charged or assessed during the term of this License. OM existed on the effective date of this License. In the event that Russillo's does not promptly restore the exclusive parking, then City may do so at Russillo's ��xpense, which expense Russillo's hereby agrees to pay in full within 30 days of tieing presented with a bill for the same. r._,,, If to the City: City of Yakima 129 N.2 "d Street Yakima, WA 98901 Attention: Tony O'Rourke, City Manager If to Russillo's: Lonnie Davis 32 North Front Street Yakima, WA 98902 r 11ATED this '� day of August, 201,? i WHEEH�l 7� M-2eff Lonnie Davis7 Owner STATE OF WASHINGTON ) ss. County of Yakima STATE OF WASHINGTON ) ss. County of Yakima 11 1 NjUi Ull 1*3093112�t • Is-go 0-2-- I ; i ii I I wil "ll V, NOTARY My commission expires: PUBLIC. J�F L lF4 #A qL it dF / Ir ik .0 44F AL 4 d- gr k dip. 4h d Ay 1p r:p A. e ? w - 'i p Ik IL 1 r 10 qr d1h A r ► 4y 4 lb z dA dW Syr A Mao^ *L Q VIL 1;. 10 'L- 6 44 4h, WPL A.' 4 � d ALk —!L� AL f—N—L 4 _4 '44 L r-L. 4 N lea r L 7' �ON . 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