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Home My WebLink AboutR-2013-119 Right-of-Way Use Agreement with Russillo's Inc. for Six Parking SpacesA RESOLUTION RESOLUTION NO. R-2013-119 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 3rd day of September, 2013 Micah Cawle; , Mayor PARTIES: SUBJECT PROPERTY: RECITALS: Rkits tHats REVOCABLE LICENSE AGREEMENT — ACCESS 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 (hereafter "Burlington Northern"). City: City of Yakima, Washington, a municipal corporation City Property: North Front Street right-of-way Burlington Northern Property: The parcel described below, which is currently occupied by the building and improvements known as the Yakima Train Depot Yakima County Assessor's Parcel No. 19131923017. 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. The Yakima Train Depot occupies the middle one-third of the Burlington Northern Property. Vehicle parking for the Train Depot is provided by indented "parking pockets" along the North Front Street Frontage of the Train Depot. Such parking pockets include designated parking spaces perpendicular to the Train Depot frontage and lie within and upon the Burlington Northern Property, except for approximately five (5) feet that lies within the right-of-way for North Front Street. 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. 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. Page -1 AGREEMENT: For and in consideration of 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: 1. Exclusive Parking for Yakima Train Depot Tenant: City of Yakima hereby grants a revocable license to Russillo's to use that portion of North Front Street right-of-way extending five (5) feet easterly from the line of the curb line lying northerly of the Yakima Train Depot building, extended southeasterly for a distance sufficient to cover the first six (6) parking spaces lying southeasterly from the northern edge of the building, as further shown and described on the attached drawing. This license is intended to accommodate exclusive parking for Russillo's Restaurant customers within the six (6) designated parking spaces. No use or improvement made by Burlington Northern and/or Russillo's shall be considered as establishing any right or claim of ownership thereof in favor of Burlington Northern and/or Russillo's. Russillo's may use the exclusive parking spaces for vehicular and pedestrian ingress and egress from North Front Street to the Burlington Northern property for so long as it leases and occupies commercial restaurant space within the Yakima Train Depot at its present location, subject to the provisions of Section 3 below. Russillo's shall be solely responsible for maintenance of the exclusive parking area, including snow removal as necessary or appropriate, and shall maintain such roadway in good serviceable condition. 2. No License Fee: No License Fee shall be charged or assessed during the term of this License. 3. Term of License: This License shall commence upon the effective date stated below, and shall continue for five years unless earlier terminated. Early termination of this License shall occur upon the effective date of the termination of the underlying commercial lease by and between Russillo's and Burlington Northern for the Yakima Train Depot property currently occupied by Russillo's. Notwithstanding the above, the City reserves the right to exercise its right to terminate this License for any cause deemed necessary and appropriate. In the event City determines that it is necessary or appropriate to terminate this License, City will use best efforts to give Russillo's advance notice of at least 60 days to enable the parties to jointly designate new access to the Yakima Train Depot. In the event the parties cannot agree as to location or extent of such new access, such new access shall be determined by City in the exercise of its sole discretion. Upon termination, Russillo's shall promptly undertake all steps necessary to restore the exclusive parking to at least as good a condition as Page -2 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 expense, which expense Russillo's hereby agrees to pay in full within 30 days of being presented with a bill for the same. 4. Indemnification: Russillo's shall 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 (1) personal injuries or property damage occurring because of the use, operation, storm drainage conveyance or maintenance of the exclusive parking; (2) any activities of Russillo's, its agents, contractors, or employees on the exclusive parking and City property during Russillo's use, possession, or control of the exclusive parking which directly or indirectly result in the exclusive parking or any other property becoming contaminated with hazardous substances, as may be defined by applicable law; and (3) any litigation, legal challenge or determination pertaining to the validity of this License. The provisions of this paragraph shall survive the termination of this License for any reason. 5. Parties Bound: Subject to the rights of termination and 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. 6. Integration: This writing constitutes the entire agreement of the parties and its execution is authorized by the respective governing bodies. 7. Abandonment or Invalidity: If Russillo's terminates or abandons use of the exclusive parking for the purposes contemplated herein, this Agreement shall be immediately terminated, subject to Russillo's obligation to restore the exclusive parking as provided for herein. In addition, if any court of competent jurisdiction declares this License to be invalid or unenforceable, then this License shall be immediately terminated. In the event of such a declaration of invalidity or unenforceability, Russillo's releases the City, and its elected and appointed officials, employees and agents, from any and all claims, demands, losses, damages and liabilities, whatsoever, which arise directly or indirectly from or out of, relate to, or in any way are connected with such declaration. 8. Notices: All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: Page -3 If to the City: If to Russillo's: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention: Tony O'Rourke, City Manager Lonnie Davis 32 North Front Street Yakima, WA 98902 12. Capacity, Due Authorization: Russillo's affirms and warrants that the individual whose signature appears below on its behalf has the full power, capacity, and legal right to execute this Agreement and that this Agreement has been duly authorized and executed and that it shall constitute the legal, valid and binding obligation of Russillo's, enforceable in accordance with its terms. 13. Effective Date: This License shall be effective on the date shown below, being the date approved by the City. DATED this ci day of August, 2013. CIT 7 OF YAKI A, WA : KION City Manager RESOLUTION NO: Page -4 Lonnie Davis Owner ATTESTATION STATE OF WASHINGTON ) ss. County of Yakima On this ( day of August, 2013, I certify that I know or have satisfactory evidence that TONY O'ROURKE, City Manager of the City of Yakima, is the person who appeared before me, and said person acknowledged that he is authorized to sign this instrument on behalf of the City of Yakima, and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. $;\'- .TAR B 'IC in and for the tate of • • s My comm. Expires; �' ashington, residing at: • AVM-- .. Marsh 21. 2014 ; Z .0. • ftlatA0 �R WASN\,``. STATE OF WASHINGTON ) ) ss. County of Yakima ) My commission expires: aAe4,/ '/1 On this el day of August, 2013, I certify that I know or have satisfactory evidence that LONNIE DAVIS, who is named as owner of Russillo's, Inc, is the person who appeared before me, and said person acknowledged that he is authorized to sign this instrument on behalf of Russillo's, Inc, and acknowledged it to be her/his free and voluntary act for the uses and purposes mentioned in the instrument`. Page -5 NOTARY\UBLIC in and for the Stat -e•• �^of '' Washington, residing at: O (1V((�J My commission expires: N 7 4/ Ar -ca of r• Lacanse (,v 1 Scale) M LK .TK BLVD 0 0 1 C 14 E ts / __1331.S 1NO d EAST "A" STREET yMKiM A A V,'iyt/E Yakima County GIS Yakima County GIS - Washington Land Information Portal JPrint Marl JClose Mapj Page 1 of 1 Map Center Range:l 9 Township:l 3 Section:l 9 City Limits [ !Sections WWW.YAKIMAP.COM Yakima County GIS 128 N 2nd Street Yakima, WA 98901 (509)574-2992 One Inch = 200 Feet Feel 100 200 300 MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BUT ACCURACY IS NOT GUARANTEED, THIS IS NOT A LEGAL DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH, APPRAISAL, SURVEY, FLOODPLAIN OR ZONING VERIFICATION Copyright (C) 2012 Yakima County GIS Printed On 8/2/2013 3 51 28 PM http://www.yakimap.com/servlet/com.esri.esrimap.Esrimap?name=YakGISH&Cmd=Print... 8/2/2013 s }aaj 09 1. = LOui L. g , N segJedoJd ewwA ummumoa uJau oN uoT6u!pn8 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 10 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 Ordinance Other (Specify) License Agreement Contract: Contract Term Start Date End Date Item Budgeted NA Amount: Funding Source/Fiscal Impact: Strategic Priority Insurance Required? No Mail to Phone. APPROVED FOR SUBMITTAL. City Manager RECOMMENDATION ATTACHMENTS Description.= Upload Date Type 3. E. Resoution Russillos Ino Sept 3 2013' 8/23/2013 Cover Memo 40 -licene agreement 1,. 8/28/2013 Cover Memo [:]- Photo of•Pa'rking-Spaces in'front of Yakima Train Depot' 8/23/2013 , Cover Memo 41, 5 lit 111111011111111"1111 11 11 NO II11111 IIIII linos 1 ftwape