HomeMy WebLinkAboutR-2000-122 Yakima County Lease Agreement (parking lots at 8 to 20 North 1st Street)RESOLUTION NO. R-2000- 122
A RESOLUTION authorizing the City Manager to execute a lease agreement with
Yakima County under which Yakima County will develop a
parking lot on City owned property at 8-20 North 1St Street.
WHEREAS, the City of Yakima owns the unimproved real property in the first block of
North First Street, described in the attached proposed Real Property Lease; and
WHEREAS, Yakima County has proposed to lease the property from the City in order
to provide parking for persons using the County Courthouse, particularly jurors; and
WHEREAS, the attached proposed Real Property Lease makes appropriate provisions
for termination in the event the City later needs to use the property for some other
purpose before the lease ends according to its stated term; and
WHEREAS, it is in the best interest of the City that the property be improved and used
by Yakima County according to the attached proposed Real Property Lease; now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized to execute the attached proposed Real Property Lease
on behalf of the City of Yakima, and to take such additional steps as may be necessary
and prudent to complete the lease transaction.
ADOPTED BY THE CITY COUNCIL this 3rd day of October , 2000.
Xa &ie -e"
ary Place, Mayor
ATTEST:
.: 'l ai-Le-, J
Karen S. Roberts, City Clerk
REAL PROPERTY LEASE
THIS LEASE is entered into by the City of Yakima, a municipal corporation of the State
of Washington, (hereinafter City) and Yakima County, Washington, a political subdivision of the
State of Washington (hereinafter County).
WITNESSETH:
For and in consideration of the provisions, covenants and conditions hereof, the City does
hereby lease, let and demise unto the County the following described premises located in the
City of Yakima, Yakima County, Washington, to -wit:
Lots 13 through 19, Block 10, Town of North Yakima, now Yakima, Yakima
County, Washington. Recorded in Volume "E" of Plats, Page 1, records of
Yakima County, Washington.
Parcel Nos. 191319-23403, 191319-23404, 191319-23405, 191319-23406, and
191319-23407
1. Term. The term of this lease shall be from July 1, 2000 until June 30, 2010, unless
earlier terminated as provided herein.
2. Rent. In consideration of the use of the premises, the County agrees to improve the
premises for use as a parking lot.
3. Repayment of Costs of Paving. The parties hereto agree that the County's total
estimated costs of improvements, including but not limited to, labor, materials, engineering
costs, services, painting, signing, and cost of permits, and all other miscellaneous expenses,
equal $75,000 (hereinafter "total improvement costs"). In the event that this Lease is terminated
for any reason, the City agrees to pay to the County an amortized portion of the total
improvement costs equal to the total improvement costs less $7,500 for each calendar year that
has expired since July 1, 2000.
4. Indemnification. The County shall protect, defend, indemnify, and hold harmless the
City, its elected and appointed officials, agents, employees, from all liabilities, losses, damages,
claims, expenses (including all attorneys' fees and associated costs) arising from, connected
with, or relating to the construction, maintenance, repair, use, or operation on or of the leased
property.
5. Commercial Liability Insurance. On or before the effective date of this Agreement, the
County shall provide the City with a certificate of insurance as proof of commercial liability
insurance, with a combined single limit for bodily injury and property damage claims in the
amount of Two Million Dollars ($2,000,000.00). The certificate of insurance shall clearly state
who the insurer is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect (any statement in the certificate to the effect of "this certificate
is issued as a matter of information only and confers no right upon the certificate holder" shall be
deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name
the City, its elected officials, officers, agents, and employees as additional insureds, and shall
contain a clause that the insurer will not cancel or change the insurance without first giving the
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City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any kind upon the company"
shall be crossed out and initialed by the insurance agent). The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State
of Washington. The County shall also provide the City with a true and correct copy of the said
insurance policy on or before the effective date of this Agreement. Further, the County shall
require all contractors and subcontractors to carry commercial liability insurance at the same
coverages as specified in this paragraph, and the City shall be provided certificates of insurance
as proof of said contractor/subcontractor commercial liability insurance policies. In the
alternative, at the County's option, the County may provide self-insurance in a form substantially
in compliance with the foregoing requirements.
6. Utilities. The County shall pay for any utilities used on the premises.
7. Waiver of Breach. Any waiver, express or implied, by the City of any breach by the
county of any of the provisions, covenants or conditions of this Lease shall not be, nor be
construed to be, a waiver of any subsequent breach of the same or any other provision, covenant
or condition of this Lease.
8. Inspection of Premises. The City herein reserves the right to enter the premises during
normal business hours for the purpose of inspecting such premises.
9. Maintenance. The County shall maintain the leased premises in as good a condition as
they are at the commencement of this Lease, and at all times the County shall comply with all
City of Yakima parking lot standards and other code requirements.
10. Use of Premises. The County shall occupy the leased premises for the purpose of a
parking lot and for no other purpose without the prior written consent of the City. The County
agrees not to use the premises for any illegal purpose and agrees to conform to municipal, county
and state codes, statutes, ordinances and regulations concerning the use and occupation of said
premises. In addition, the parking lot shall be available for public parking in the evenings and on
weekends.
11. Assignment and Subleasing. The County shall not assign this Lease nor any interest
therein and shall not sublet the said premises or any part thereof without the prior written consent
of the City.
12. Surrender of Premises. The County agrees, upon the expiration or prior termination of
this Lease, or any renewal thereof, to deliver the said premises to the City in as good a condition
and order as the same are now in or may be hereafter put in reasonable wear and tear, damage the
elements, or other unavoidable circumstances excepted.
13. Notices. All notices hereunder may be delivered or mailed. If mailed they shall be sent
by regular mail to the following:
TO CITY:
(Ik) agree/parking lot lease with connty.rp
William Cook, Director
City of Yakima Community and
Economic Development Dept.
129 North 2nd St.
Yakima, WA 98901
TO COUNTY:
Chairman, Board of Yakima County
Commissioners
Yakima County Courthouse
128 North 2nd St.
Yakima, WA 98901
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written. .
CITY OF YAKIMA
By:
R.A. Zais, Jr., City Manager
Date: O/-- 0
ATTEST:
Karen Roberts, City C1ei
City Contract No. 2000-84
Resolution No. R-2000-122
(Ik) agrcdpat king lot lease with county rp
YAKIMA COUNTY
Jesse S. Palacios; Chairman
`n„c ouNty
Bettie Ingha ommissioner
James M. Lewis, Commissioner
Attest this 2n day of (()10.-4- ,
21!1�-
4
ylvia E. Cervantes
lerk of the Board
STATE OF WASHINGTON)
) ss.
COUNTY OF YAKIMA )
On this day of a. , 2000, before me personally appeared R. A. ZAIS,
JR., to me known to be the City Manager of the municipal corporation that executed the within
and foregoing instrument and acknowledged the said instrument to be the free and voluntary act
and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute said instrument and that the seal affixed thereto is the
corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and
year first above written. ( 1'}
Lel 1,
Printed Name: !-it) )1 " `t
Notary Public in and for the State of Washington,
residing at 4._ 1-1)(01:\,. /
My commission expires (-(/' /
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. *CI
For Meeting Of: October 3, 2000
ITEM TITLE: Resolution approving a lease of vacant City property located at 8-20 North First
Street to Yakima County for construction of a parking lot
SUBMITTED B
R. Cook, Director of Community Economic Development
CONTACT PERSON/TELEPHONE: William Cook, 575-6113
SUMMARY EXPLANATION:
Yakima County has requested the City lease to the County, vacant City property located at 8-
20 North first Street (adjacent to the privately owned Blue Banjo). This property was
purchased by the City in 1996 and cleared in 1997.
Under the terms of the proposed lease, Yakima County would invest approximately $75,000 to
improve the lot for off-street parking. The parking would be provided for County use during
business hours. Thereby relieving parking demand on nearby City streets and other
surrounding public lots). This parking lot would remain open and available for general public
parking after County office business hours and on weekends. Improvements to the lot will
include paving, striping, lights, drainage and landscaping.
In return the City will lease the lot to the County for parking with a provision that the city could
take back the lot during the life of the lease by paying the County the depreciated value of the
improvements utilizing a ten-year depreciation schedule.
Resolution X Ordinance Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL: '.
City Manager
STAFF RECOMMENDATION: Approve the Resolution and lease of property to Yakima
County
BOARD RECOMMENDATION:
COUNCIL ACTION:
adeline
013-19
Block 10, Tow.
of N Yakima
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Created: September 28, 2000