No preview available
HomeMy WebLinkAboutR-2004-064 New Senior Center / Harman Center at Gailleon Park (John & Wauna Harman Foundation)RESOLUTION NO. R-2004- 64 A RESOLUTION authorizing and directing the City Manager to execute an agreement with, and accept a quit claim deed from, the John and Wauna Harman Foundation, a Washington non-profit corporation, relating to the anticipated completion and transfer of a community senior center, at no cost to the City of Yakima, located on a portion of Gailleon Park. WHEREAS, on September 3, 2002, the City Council passed Resolution No. R- 2002-110 which authorized and directed the City Manager to execute a license agreement with the John and Wauna Harman Foundation, a Washington non- profit corporation, relating to the use of a portion of Gailleon Park for construction of a community senior center at no cost to the City; and WHEREAS, the John and Wauna Harman Foundation has undertaken extensive work in overseeing and financing the construction of a community senior center as a beneficent donation to the City of Yakima for use by Yakima's senior citizens; and WHEREAS, the City of Yakima has determined that the proposed senior center is a desirable structure for the City to own and operate, and is an appropriate use of a portion of Gailleon Park; and WHEREAS, the City's existing facilities for senior citizens will still be an important part of the City's ability to serve the needs of the community, but will be complemented by the addition of the senior center described herein; and WHEREAS, the John and Wauna Harman Foundation intends to imminently transfer possession of the proposed senior center facility as a "turn -key" completed project with appropriate fixtures and has provided such on- and off-site infrastructure improvements as determined necessary by the City pursuant to Title 12 of the Yakima Municipal Code, all at no cost whatsoever to the City; and WHEREAS, the Yakima City Council finds and determines that it is in the public interest to accept the proposed senior center on the terms more fully set forth in that certain Agreement for Acceptance of Project, together with a quit claim deed imposing a restrictive covenant for the continued use of the proposed senior center as a senior center, both as attached hereto and incorporated herein by this reference, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Agreement for Acceptance of Project" and the attached and incorporated quit claim deed with the John and Wauna Harman Foundation for the transfer of a proposed senior center facility located on a portion of Gailleon Park in the City of Yakima, Washington, as a "turn -key" completed project at no cost to the City of Yakima. ADOPTED BY THE CITY COUNCIL this 20t4ay of April, 2004. ATTEST: City Clerk C/,„ Paul P. George, Mayor BILL OF SALE The John and Wauna Harman Foundation, a Washington non-profit corporation ("Foundation"), in consideration of further assurance of title and as a public benefit, hereby transfers and assigns to the City of Yakima, a Washington municipal corporation ("City"), the following personal property: All existing structures and related equipment, furniture, furnishings, trade fixtures, and other improvements known as the "Harman Center," located on the City of Yakima's Gailleon Park. Foundation warrants to City full and clear title to the above property, and that the same is free of all liens and encumbrances of any kind. DATED THIS day of April, 2004. JOHN AND WAUNA HARMAN FOUNDATION, a Washington non-profit corporation By: Its: When recorded, return to: Kenneth W. Harper Menke Jackson Beyer Elofson Ehlis & Harper, LLP 807 North 39th Avenue Yakima, WA 98902 Phone: (509) 575-0313 QUIT CLAIM DEED COUNTY EXCISE TAX DATE_ t—� PAIR$ i1L"It REC.NO. 3 6 2 3 8 3 BY Yakima County lrer's Offiao Reference nos. of docts. assigned or released: Grantor: Grantee: Legal description: n/a John and Wauna Harman Foundation, a Washington non-profit corporation City of Yakima, a Washington municipal corporation NE % SE IA S20 T13 N R18 EWM (Additional legal on page Sof document.) Assessor's Parcel No.: 18132041001 THE GRANTOR, the John and Wauna Harman Foundation, a Washington non-profit corporation, in consideration of the covenants herein and as a public benefit, conveys and quit claims to the City of Yakima, a Washington municipal corporation, the following described real estate, situate in Yakima County, Washington, together with all after acquired title of the grantor therein, to -wit: SEE ATTACHED EXHIBIT A TOGETHER WITH all appurtenances belonging thereto. Quit Claim Deed - 1 11 PITY nr YAWIM 11 1 III 11 n 11 1 7397875 Page 1 of 17 05/64/2004 1019A t15 AA Yakima Co, WA In consideration of the gift by Grantor to Grantee of the building and improvements located on the above-described real property and identified herein as the "Harman Center," Grantee accepts this deed subject to the following restrictive covenants: 1 So long as the improvements presently located on said real property exist, said improvements shall henceforth be identified as the "Harman Center" and shall not be used for any purpose other than primarily as a site for the benefit city of Yakima's programs and efforts to a the a ty r. of the city _�.__s_zs �.� programs ubzz�a ext u. efforts i3�ipro`��. quality L� of life for the elderly and older persons, provided that the specific programs and efforts of the City of Yakima in fulfilling this mission shall be subject to determination by the City, in its sole discretion. 2. This covenant, and the terms and restrictions set forth herein, shall run with the land and shall be binding upon the current and future owners thereof. 3. This covenant contains the entire understanding between the parties with respect to the subject matter hereof. There are no other representations, agreements, arrangements or understandings, verbal or written, between and among the parties relating to the subject matter of this covenant. No amendment or modification to these covenants shall be valid or effective unless duly authorized and made in writing. Quit Claim Deed - 2 1111E11,1111111$1111311H11111111 7:397875 PITY nW YAVTM f � AA Yakima Ip 38P DATED this 4day of April, 2004. John and Wauna Harman Foundation, a Washington non-profit corporation By: Its:21c...4-. -N" ACCEPTED this a0 day of April, 2004. City of Yakima, Washington, a Washington municipal corporation By: Its: City Manager STATE OF WASHINGTON ): ss. County of Yakima I certify that I know or have satisfactory evidence that Brykit), t_fci. pvwf is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Pr c si deN..F'' of the John and Wauna Harman Foundation, a Washington non-profit corporation, to be the free and voluntary act of Quit Claim Deed - 3 11 11 111 I I 1 11 1 1 11 11 11 11 TY (W YAVTMA t45 AA 7397875 Page: 3 of 17 05/04/2004 10:39A Yakima Co, WA DATED: r; a0,0100 2005 STATE OF WASHINGTON County of Yakima 2 A gGoY®'Vd��iunt name Notary Public in and for the State of Washington. My appointment expires: 5 Residing at: Ya ted ): ss. I certify that I know or have satisfactory evidence that R.A. Zais, Jr., is the persons who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the City Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED: Apr:, .-01 ODY Quit Claim Deed - 4 P.4, imprint name Notary Public in and for the State of Washington. My appointment expires: Residing at: t 14111- 11 11 III r• TV 1C vuJiM 11 1 11 11 11 II 1 11 7397875 Page; 4 of 1? 0510412004 10:39A ee tr. rm HQ GAILLEON PARK Legal Description Beginning at the Northeast corner of the Northeast quarter of the Southeast quarter of Section 20, Township 13 North, Range 18, E.W.M.; thence South along the East line of said subdivision, 695.5 feet; thence North 88°45' West 330 feet, more or less, to the right of way of the Yakima Valley Canal; thence Northerly and Easterly along said right of way to a point on the South line of said right of way 300 feet West of the East line of said subdivision; thence North and crossing said canal, a distance of 130 feet, more or less, to the North line of said subdivision at a point 300 feet West of the Northeast corner of said subdivision; thence East along the North line of said subdivision to the point of beginning, Except the North 45 feet for County Road, Except right of way for County Road 60 feet in width as conveyed by instrument recorded in Volume 902 of Official Records of Yakima County Washington, Auditor's File No. 2338437, and Except right of way for Yakima Valley Canal HDB-Daily Gailleon Park Legal EXHIBIT A 111111,111111111111111111111111 Kr7875 5 0£ 17 65/04/2064 10:39A n tq5 AA Yakima Co, WA AGREEMENT FOR ACCEPTANCE OF PROJECT THIS AGREEMENT is made this 4,20 day of April, 2004, by and between the City of Yakima, a Washington municipal corporation, hereinafter referred to as "CITY," and the John and Wauna Harman Foundation, a Washington non-profit corporation, hereinafter referred to as "FOUNDATION" (collectively referred to herein as the "parties"). WHEREAS the parties hereto are also parties to that certain license agreement dated September 9, 2002, (the "License Agreement") associated with the FOUNDATION'S rights to use the CITY's property (the "Property") commonly known as a portion of Gailleon Park and more fully described in the License Agreement; WHEREAS the FOUNDATION'S use of the Property pursuant to the License Agreement resulted in the construction of a turn -key facility for use by the CITY as a community senior center (the "Project") at no cost to the CITY; WHEREAS construction of the Project is nearing completion, and the FOUNDATION desires, to transfer possession of the Project to the CITY, and the CITY desires to accept the same; WHEREAS the parties acknowledge that certain steps remain to be completed prior to the actual transfer of possession of the Project to the CITY, and wish to hereby document the transfer process and, in so doing, supplement the terms of the License Agreement. AGREEMENT FOR ACCEPTANCE OF PROJECT— 1 11 111 11 1 11 11 11 TV nr VAVTMA [L 11 II 7397875 Page: 6 of 17 0510412004 10:38A 5 AA Yakima Co, WA NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this agreement (the "Agreement"), the parties hereto agree as follows: 1. Termination of License. Upon final transfer of the Project as provided for herein, the license granted from the CITY to the FOUNDATION shall terminate and be of no further force and effect. The FOUNDATION agrees and acknowledges that upon termination of the license, the FOUNDATION shall have no rights in, or claims upon, either the Project or the real property upon which it is located, and the FOUNDATION agrees to take such steps as may be necessary to confirm title in and to the Project and the subject real property with the CITY. 2. No Payment Reg—uired. None of the obligations set forth in this Agreement to be pprfo rme rl by the CITY invol involves the payment of monetary consideration to the FOUNDATION. The FOUNDATION shall transfer, __on_ the___terms _more- fully set_ forth herein,._ the Project to the CITY as a gift to the CITY. 3. Completion of Project. The parties have been advised by the general contractor that substantial completion of the Project (as the term "substantial completion" is defined in the General Conditions of the Contract for Construction for the Project by and between the FOUNDATION and its contractor and architect dated April 30, 2003, referred to herein as the "General Conditions") will occur prior to, or within thirty (30) days after, execution of this Agreement. Final completion of the Project (as the term "final completion" is defined in the General Conditions) will occur by not later than August 1, 2004. The terms and conditions of the General Conditions governing substantial completion, partial occupancy or use, and final completion, as set forth more particularly at paragraphs 9.8 through 9.10, and subparts thereof, shall be incorporated herein AGREEMENT FOR ACCEPTANCE OF PROJECT- 2 1 I ntTU f1 L' UOUTM4 11111 Il llI III 11 7397875 Page � 7 of 17 05/04/2004 10:39A t15 AA Yakima Co, WA by this reference, and the obligations of the general contractor and the architect to the Owner described in said General Conditions shall be expressly acknowledged and agreed to confer a third party benefit to the CITY, and shall be enforceable by the CITY as such as the assignee of the FOUNDATION. Without limitation to the generality of the foregoing, the architect's issuance to the FOUNDATION of a final certificate for payment shall also constitute a representation to the CITY of the conditions and status of the Project as described in the General Conditions and shall be enforceable for all purposes that the same could be enforced by the Owner pursuant to the terms of the General Conditions. 4. Transfer of Possession; Final Transfer of Project; Building Commissioning. Within ten (10) days of the Project having been determined by the FOUNDATION to be ready for transfer of possession to the CITY, but not later than the date for final completion of the Project, the FOUNDATION shall give written notice of the same to the CITY. As used in this Agreement, "transfer of possession" shall mean that point in time when the risk of loss of the Project has passed from the FOUNDATION to the CITY and all incidents of ownership in and to the Project have finally and irrevocably vested with the CITY, all on the terms set forth herein. Transfer of possession shall be evidenced for purposes of this Agreement by the surrendering to the CITY of all master keys, and copies thereof, related to the Project and by execution of the documents referred to in paragraph 7, below. City assumes and agrees to be responsible for all liability arising from the operation and use of the building after transfer of possession. Notwithstanding transfer of possession, the FOUNDATION agrees to perform all steps necessary, as set forth herein, to AGREEMENT FOR ACCEPTANCE OF PROJECT— 3 11 11 111 r TY nr YAM 11 1 11 11 11 11 1 1 11 stISAIJA 7397875 Page: 8 of 17 05/04/2004 10:39A Yakima Co, WR consummate final transfer of the Project to the CITY not later than August 1, 2004. "Final transfer of the Project" shall occur by written notice of the FOUNDATION to the CTTY, which notice shall constitute a warranty that all conditions pre -requisite to the final transfer of the Project to the CITY set forth herein and in the License Agreement have been satisfied, including as follows: a. issuance by the architect of the final certificate of payment and payment by the FOUNDATION of all sums due thereunder; b. payment by the FOUNDATION of all sums due the architect and any other consultants, suppliers, or other persons known to the FOUNDATION to be associated in any way with the Project; c. delivery of all documents specified in paragraph 5, below. Upon final transfer of the Project to the CITY consistent with the terms of this Agreement, the parties agree that the Project will be deemed to constitute a completed "turn key facility" as that phrase is used in the License Agreement. The FOUNDATION warrants that building commissioning actions that remain to be completed after transfer of possession of the Project to the CITY are limited to the air conditioning system, including test and balance procedures. Notwithstanding transfer of possession of the Project to the CITY, the FOUNDATION and its contractors, architect, and agents, shall remain responsible for, and shall pursue to completion, the successful commissioning of the air conditioning system and any other building commissioning tasks. AGREEMENT FOR ACCEPTANCE OF PROJECT- 4 ii�IIlU9111 1 IN uiu It1 n 11 7397875 Page; 8 of 17 05/94/2004 10.39A t15 AA Yakima Co, WA Under no circumstances shall acceptance of transfer of possession by the CITY or final transfer of the Project to the CITY be construed as an acceptance by the CITY of defective work or of improper materials, whether said defect is attributable to the architect, general contractor, subcontractor, supplier, or any other person, nor shall any such transfer constitute a waiver of any other claims, including those which may arise out of this Agreement or the License Agreement. 5. Document Delivery. Not later than ten (10) days prior to final transfer of the Project to the CITY, the following documents related to the Project shall be delivered, in their original version, if applicable, to the CITY's Director of Public Works or his designee: a. Project construction records, including all construction correspondence, change orders, test reports (including geotechnical and soils analysis reports and documentation of testing for all life safety systems), financial records, shop drawings, product data, samples (as the terms "shop drawings" and "product data" and "samples" are defined in the General Conditions), and survey materials. b. All of the general contractor's close-out documents, including but not limited to those documents submitted to the architect pursuant to paragraph 9.10.2 of the General Conditions. In recognition of the optional language set forth in paragraph 9.10.2(5) of the General Conditions, the FOUNDATION hereby agrees to require, as Owner, any and all such documents as may meet the description of "other data establishing payment or satisfaction of obligations, such as receipts, releases and waivers of liens, claims, AGREEMENT FOR ACCEPTANCE OF PROJECT— 5 11 1 11 11 11 1 1 11 ae 7397875 Page: 10 of 17 05/04/2004 10:39A Yakima Co, WA security interests or encumbrances arising out of the Contract...." r-_ A directory of all contractor, subcontractor, manufacturer, vendor, and material supplier information, including names, addresses, telephone numbers, and contractor/subcontractor license or identification numbers, together with a brief description of the service provided and/or system or material installed or supplied. d. All official certifications associated with the Project, including but not limited to use and occupancy permits, certificate of inspection from fire official, r ert i fi rat n nf inspection from public health officials, and certificate of inspection from any other governing authorities as applicable. e. 111 maintenance agreements and/or service contracts associated in any way with the Project which, by their terms or by implication, are enforceable beyond the transfer of possession or final transfer of the Project to the CITY, regardless of whether the CITY may be or become a party to any such obligations. f. All construction materials testing reports, whether obtained by the general contractor or any subcontractor. g. All as -built drawings, renderings, or diagrams, including electronic versions of the same, for any aspect of the Project, whether obtained by the architect, general contractor, or any subcontractor or any other person associated with the Project. If applicable, this shall include copies of any contractor's notes, including but not limited to those AGREEMENT FOR ACCEPTANCE OF PROJECT- 6 11 11 01 r TY CW YAKIMA 11 1 11 III 11 11 1 1 11 n M5 RR 7397875 Page: 11 of 17 05/04/2004 10:3819 Yakima Co, JR referencing any field changes, unless the same have been incorporated into final as -built documents. h. All operations and maintenance ("O&M") manuals for any aspect of the Project, whether obtained by the general contractor or any subcontractor or any other person associated with the Project. i. As -installed building finishes data, including specific paint formulas or types, and usage locations, both interior and exterior, as well as manufacturer's recommended cleaning statements or instructions. j. As -built systems data, including coordinated drawings or diagrams showing as -installed color -coded piping and wiring diagrams, as -installed electric circuit directories of panel boards, and charts of valve tag numbers with location and function of each valve. k. Utility metering information, as applicable. 1. Warranty summary information. The obligation to provide warranty summary information includes the delivery to the CITY of all guarantees and/or bonds executed by vendors, manufacturer, suppliers, contractors and subcontractors, and incorporates by reference, and supplements, the obligation set forth at paragraph 4.3 of the License Agreement, which requires that the FOUNDATION: ...obtain assignable warranties in [FOUNDATION's] agreement with its consultants, architects, and contractors such that the CITY shall enjoy and benefit from warranties against defects in workmanship or materials for all materials, goods, services and equipment AGREEMENT FOR ACCEPTANCE OF PROJECT- 7 N 1 11 TT4 rw 4$76/TMp 11 II II 7397875 Page: 12 of 17 &510412004 10:39A 5 AA Yakima Co, WR m. n. furnished under this agreement for a period of one year from the date that possession of the Proiect is assumed by the CITY. All written owner -contractor and owner -architect contracts, including standard form of agreement, general conditions of the contract for construction, supplemental general conditions, and any agreements, contracts, or addenda thereto. All final commissioning reports for the project and for all systems associated with the project including, but not limited to, with respect to HVAC systems, fire other suppression i nn systems. o. Substantial contractor. p. Substantial architect. Architect's r. Consents to q- ygtemc, and el e— r- r- 1 and r 1 nmhi ng completion certificate signed by general completion certificate signed by final certificate for payment. assignment of the FOUNDATION's contract rights as set forth in paragraph 6, below. 6. Assignment of Rights. FOUNDATION agrees and acknowledges that the CITY shall be the assignee of all rights of the FOUNDATION as against third parties including, but not limited to, contractors, subcontractors, material suppliers, and architect, to the same extent as would or might benefit the FOUNDATION itself. The FOUNDATION agree to provide to the CITY, prior to transfer of possession, documents sufficient to fully and enforceably assign the FOUNDATION's contract and all other rights with respect to the architect, contractor, subcontractors and material suppliers to and AGREEMENT FOR ACCEPTANCE OF PROJECT- 8 TTY nT YRVTMA 11 1 11 11 11 11 1 1 11 n5 �a 7397875 Page: 13 of 17 05/04/2004 10139A Yakima Co, WA for the benefit of the CITY, provided the FOUNDATION shall also have the right to pursue and enforce said contract rights at any time on its own behalf prior to final transfer of the Project to the CITY. In the event that it becomes necessary for the FOUNDATION to execute further documents to evidence or create said assignments, the FOUNDATION agrees to perform the same, and agrees to otherwise cooperate in whatever way necessary with the CITY to achieve the assignment of rights described herein and described in the License Agreement. 7. Bill of Sale; Quit Claim Deed. FOUNDATION agrees to execute, prior to transfer of possession, the bill of sale and quit claim deed in the form attached hereto as Exhibits A and B, incorporated herein by reference, to evidence the complete and irrevocable transfer of any and all ownership interest, claim, or incident thereof to the CITY. Both parties reaffirm and warrant that no consideration has been given by the CITY to the FOUNDATION or to any other party in exchange for the Project as a turn key facility or for the bill of sale or quit claim deed, and that the Project has been, and is, strictly a donative gift of the FOUNDATION to the CITY. 8. Utilities. FOUNDATION and CITY agree that fees and/or charges for all utilities and services furnished to or used by the Project including, without limitation, gas, electricity, water, telephone service, communications, cable television, trash collection, sewer and storm drainage, shall be apportioned between FOUNDATION and CITY on a pro -rated basis as of the time transfer of possession to the CITY occurs. 9. No Liens. FOUNDATION ratifies and warrants that each and every aspect of the Project is free and clear of all liens, claims, security interests or encumbrances however arising. AGREEMENT FOR ACCEPTANCE OF PROJECT- 9 11 11 111 TTY nr YAM 11 1 11 11 11 11 1 1 11 Il5 AA 7397875 Page: 14 of 17 05/04/2004 10:39R Yakima Co, WA 10. Insurance. The Project has been insured as set forth more fully at paragraph 10 of the License Agreement, and the FOUNDATION nn notice from any i ns rer i r li �+ r r i 1 + the Project is or may be uninsurable. The parties intend for the risk of loss associated with the Project to become the obligation of the CITY upon transfer of possession, and the CITY agrees to arrange for appropriate insurance and risk management procedures for the Project upon transfer of possession pursuant to paragraph 4 of this Agreement. 11. Release of Liability. Notwithstanding anything in this Agreement or the License Agreement to the contrary, the FOUNDATION shall, commencing on the date of final transfer of the Project, be released from any further responsibility and liability related to the Project other than for any breach of the License Agreement or this Agreement existing on said date of final transfer. 12. Warranties and Representations. FOUNDATION and CITY each ratify, warrant, and re -affirm each and every warranty and representation set forth in the License Agreement to the extent not expressly modified herein. 13. Governing Law; Venue. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. Venue of any action arising from or related to this Agreement shall lie in the Superior Court in and for Yakima County, Washington. 14. Waivers. The waiver by either party of any breach by the other party of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant or condition herein contained. 15. Headings. The captions of the various sections of this Agreement are for convenience and ease of reference only and do not AGREEMENT FOR ACCEPTANCE OF PROJECT- 10 91 11 111 rTTY fir YAM 11 1 11 11 11 11 �5 Ap 7397875 Page: 15 of 17 05104/2004 10:39A Yakima Co, WA define, limit, augment or describe the scope, contents or intent of this Agreement or of any part or parts of this Agreement. 16. Consents of CITY. Neither CITY's execution of this Agreement nor any consent or approval given by CITY hereunder shall waive, abridge, impair or otherwise affect CITY'S powers and duties as a governmental body. 17. No Joint Venture. Nothing contained herein shall be construed to render the CITY in any way or for any purpose a partner, joint venturer or associated in any relationship with FOUNDATION, nor shall this Agreement be construed to authorize either party to act as agent for the other, or to make CITY in any way responsible for the liabilities, debts or losses of FOUNDATION including, but not limited to, any fees or amounts owing to FOUNDATION's consultants, architects, contractors or suppliers. 18. Exhibits. All exhibits to which reference is made in this Agreement are hereby incorporated by reference as if set forth in full. Any reference to "this Agreement" includes matters incorporated by reference. 19. Modification. No provision of this Agreement may be amended or varied except by an agreement in writing signed by the parties. 20. Severability. The invalidity or illegality of any provision shall not affect the remainder of this Agreement and all remaining provisions herein shall, notwithstanding any such invalidity or illegality, continue in full force and effect. 21. Execution in Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. AGREEMENT FOR ACCEPTANCE OF PROJECT— 11 \ Ent 1111111 fir/ f0:1379 R PITY nK YAVIMA n AA Yakima Co, WA 22. Ratification of License Agreement. Except as modified herein, the Parties ratify and affirm the provisions set forth in the License Agreement. 23. Date of Agreement. The effective date of this Agreement shall be the date it is signed by the CITY. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Yakima, Washington on the date indicated below. CITY OF YAKIMA, a Washington municipal corporation By: Date: City Manager l rrs ) cZO .200 JOHN AND WAUNA HARMAN FOUNDATION, a Washington non-profit corporation By. ry W. Harman, President Date: y, a( - Dy CITY CONTRACT RESOLUT1ONAr) i2- o -goy AGREEMENT FOR ACCEPTANCE OF PROJECT- 12 11 11 111 11 1 n 11 11 :TTY nr YAKTMA p 11 1 II7397875 Page: 17 of 17 0510412004 10:39R in 6A Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10 For Meeting of: April 20, 2004 ITEM TITLE: A Resolution authorizing an Agreement for Acceptance of Project for the new Harman Center at Gailleon Park SUBM1'1'1'ED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020 SUMMARY EXPLANATION: Construction of the new senior center is nearing completion, and the time has come to transfer possession to the City of Yakima. Staff respectfully requests Council consideration of the resolution authorizing an agreement with the John and Wauna Harman Foundation accepting the new Harman Center at Gailleon Park, including a Bill of Sale and a Quit Claim Deed, at no cost to the City of Yakima. Resolution Ordinances X Other (Specify) ContractX Mail to (name and address) : Phone: Funding Source: Parks and Recreation Fund APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the Resolution authorizing and directing the City Manager to execute an Agreement for Acceptance of Project, including a Bill of Sale and a Quit Claim Deed, with the John and Wauna Harman Foundation for the Harman Center at Gailleon Park. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-64