HomeMy WebLinkAboutR-2017-042 Homeless Encampment Operation Agreement with Transform Yakima TogetherA RESOLUTION
RESOLUTION NO. R-2017-042
authorizing a Lease Agreement with Transform Yakima Together, for
a piece of property approximately % of an acre in size located
adjacent to the wastewater treatment plant off of South 22r Street
for a temporary homeless encampment.
WHEREAS, the City owns a large piece of property east of the wastewater treatment
plant and off of South 22nd Street, of which 3/4 of an acre may be made available for a
temporary homeless encampment; and
WHEREAS, Transform Yakima Together is a religious organization as defined in
RCW 35.21.915 wishing to operate and manage a temporary homeless encampment; and
WHEREAS, based on the number of homeless individuals using the extreme winter
warming shelters, the day shelter operated during the winter months, and the number of
individuals who utilized the encampment during the summer of 2016, it is believed that there
is a need for immediate temporary shelter options for homeless individuals in Yakima; and
WHEREAS, Transform Yakima Together provided an operation plan and intends to
operate and manage the temporary homeless encampment without City support or
resources; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests
of the City to lease property to Transform Yakima Together for the purposes outlined in the
lease agreement, which is attached hereto and fully incorporated herein; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Lease Agreement between the City
of Yakima and Transform Yakima Together to lease City -owned property to the religious
organization for the purpose of a temporary homeless encampment. A copy of the Lease
Agreement and the operation plan of Transform Yakima Together are attached hereto
ADOPTED BY THE CITY COUNCIL this 21st day of March, 2017.
ATTES : Kathy
l A.
tephens, •Wing City Clerk
J
LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
TRANSFORM YAKIMA TOGETHER
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Transform
Yakima Together, a religious organization pursuant to RCW 35.21.915 (hereinafter "LESSEE" )
WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE
desires to occupy and use such property in accordance with this Lease and RCW 35.21.915,
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to
be derived by each party, the parties agree as follows:
1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, that unimproved property described below
(hereinafter referred to as "Property" or "leased premises") and as depicted on the drawing
marked as Exhibit A, attached hereto and by this reference made a part hereof, together
with the right of ingress to and egress from the leased premises:
A piece of property off of South 22nd Street, encompassing a portion of Yakima
County Tax Assessor parcel number 191329-41410, depicted generally on
Exhibit A, staked on the site and agreed to in person by all parties during a walk-
through at the property. The site is approximately a 32,000 square foot (0.73 acre)
rectangle with west -east length of 160+/- feet and north -south length of 200+/- feet.
The southern boundary is 105+/- feet north of East Viola, northern boundary is 305 +/-
feet north of East Viola. Western boundary is 525 +/- feet east of South 22nd Street,
eastern boundary is 685+/- feet east of South 22nd Street.
PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use the
Property as a temporary homeless encampment pursuant to RCW 35.21.915. LESSEE
acknowledges and understands that the property has no improvements or structures, and
no utility services as of the date of this Lease.
LESSEE acknowledges that it is a religious organization pursuant to the term as used in
RCW 35.21.915.
2. TERM. The tenancy created by this Lease shall commence upon signatures of both
parties, and shall terminate on November 15, 2017, unless otherwise terminated as
provided for herein. There shall be no option to renew the lease. All persons occupying
the homeless encampment must be transitioned off the property on or before November
15, 2017, by LESSEE.
3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this Lease
and that LESSEE shall use the property to operate a homeless encampment for homeless
individuals, providing a safer, more secure area for homeless individuals to camp while
searching for transitional or other housing, no rent shall be required as part of this Lease.
1
4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due
and payable, all licenses, fees and taxes, including but not limited to the leasehold excise,
required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use
and occupancy of the leased premises and by reason of LESSEE's construction or
ownership of improvements to the leased premises. LESSEE shall neither suffer nor
permit the attachment of any lien or other encumbrance on the leased premises by reason
of LESSEE's occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold
LESSOR harmless from any such taxes and hens.
5. USE. LESSEE agrees to use the leased premises for operating and facilitating an
encampment for homeless adults (persons 18 years of age or older). Attached as Exhibit
B, and fully incorporated herein, is a "Proposal to YVCOG for Shiloh Navigation Center"
which includes the proposed use and operation of the temporary homeless encampment
which includes J ll l
contemplated on the property subject to this Lease. No children (persons under the age
of 18) shall be allowed to stay overnight in the homeless encampment for health and safety
reasons unless specifically approved in writing by LESSEE.
6. UTILITIES. Costs for utilities shall be paid by LESSEE LESSEE acknowledges that no
sewer or potable water is available and the property is open ground not connected to City
or other utilities. Electricity is furnished to the site as part of the City's system. LESSEE
shall pay the difference between the billed amount for the location by Pacific Power, and
$16.80 each month (the amount currently billed for the site). It is acknowledged by
LESSEE that any charges on the Pacific Power bill above $16.80 are the r cb t.Jui i bthty of
LESSEE, and LESSEE shall make payment to the LESSOR within fifteen (15) days of
demand for payment of the electricity bill. Non -potable water is provided through a meter
directly affixed to a hydrant. LESSEE acknowledges this water is not to be used for
drinking or food preparation. LESSEE agrees to pay the City for its use of the water based
on the meter readings and shall make prompt payment when due.
7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition, including, but not limited to, weekly garbage service (or
more often if sanitation requires), sanitation facilities, such as port -a -potties and hand
washing stations, and safe bio -hazard disposal areas. Such facilities shall be provided at
the expense of the LESSEE and shall be cleaned and serviced as needed to maintain a
safe and sanitary environment.
8. PREMISES CONDITION. LESSEE has made a full inspection of the premises, is fully
aware of its condition and accepts the premises on an "AS -IS" basis. LESSEE agrees to
pay for any improvements, repairs and/or modifications necessary to LESSEE's use,
including but not limited to all costs associated with the installation of improvements
necessary to run a homeless encampment.
9. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good
a condition as the condition of the premises at the beginning of LESSEE's occupancy,
normal wear and tear excepted. LESSEE further agrees that LESSEE shall be
responsible to maintain all leased areas, trade fixtures and other improvements, existing
-and future, -in an -attractive -and -usable manner consistent -with other- LESSOR property.
LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe,
sanitary, and usable condition at all times
2
10. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved
in writing by LESSOR. The site shall be fenced before occupation Site screening shall
be mutually agreed to by the parties.
11. IMPROVEMENTS. No improvements are contemplated by this Lease. In the event
improvements are made by LESSEE or LESSOR that are affixed to the land, such
improvements shall become part of the property and revert to LESSOR upon termination
of this Lease at LESSOR'S option
12. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities, including policies adopted by
LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and
operation of the leased property and as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become. effective.
LESSEE agrees to formulate a Code of Conduct, or other similar good neighbor
agreement and/or rules of conduct for the encampment. Such Code of Conduct for use
of the encampment by residents should include, but not be limited to, requiring that
residents of the encampment not commit violations of the law, that residents of the
encampment have respect for other residents and neighboring property owners, and other
such regulations that ensure that the residents of the encampment, and neighboring
property owners and residents, are safe, secure, and that the public health and safety is
maintained.
13. SITE PLAN. LESSEE, prior to setting up and using the proposed encampment, shall
provide to the City a site plan that generally depicts how the site will be set up, the location
of sanitation and other group facilities, ingress and egress for emergency vehicles, as well
as the maximum occupancy of said encampment. Maximum occupancy shall be
determined by the City of Yakima.
14. SUBLETTING AND ASSIGNMENT. There shall be no subletting or assignment of this
Lease
15. MISCELLANEOUS PROVISIONS.
A. The parties agree that LESSOR may enter upon the leased premises at any
reasonable time to make such inspections as LESSOR may deem necessary to the proper
enforcement of any term, provision or condition of this Lease. No such entry or inspection
by LESSOR is required by this provision, and the failure of LESSOR to enter and make
inspection shall not alter the relationship of the parties and their respective rights and
duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment upon
performance of all terms of this Lease.
B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to
protect the LESSOR's property against any activity interfering with the efficient operation
of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or
permitting to be erected, any building or other structure on the LESSOR's property which,
3
in the opinion of the LESSOR, would limit the usefulness of the property or constitute a
hazard.
16. INDEMNITY/DUTY TO DEFEND.
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and save
harmless the City of Yakima and its elected and appointed officials, employees and
agents, from any and al! liability, damages, suits, claims, actions, judgments or decrees,
including all expenses incidental to the investigation and defense thereof and including
reasonable attorneys' fees, based on or arising from the occupancy or use of the leased
premises by LESSEE, its servants, employees, agents, invitees, independent contractors
or any entity, person, firm or corporation acting on behalf of LESSEE or under its direction,
whether such claim shall be by LESSEE or a third party.
B. LESSEE agrees to reimburse LESSOR for any damage to City property, including the
leased premises, caused by the occupancy of LESSEE, its employees, agents, servants,
invitees, independent contractors or any person acting on behalf of LESSEE or under its
direction.
C. LESSEE shall keep and hold the City of Yakima, its elected and appointed officials,
agents and employees, free and harmless from any and all claims and actions, loss,
damage, expense or cost, including reasonable attorneys' fees, incidental to the
investigation ai I; defense thereof, resulting from, arising ng out of, or caused by LESSEE'S
use of the leased premises resulting in any liability under the Federal Comprehensive
Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C.
9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et seq ; Resource
Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean Water Act, 42 U S.0
1251 et seq.; the Washington Environmental Policy Act, RCW Ch. 43 21C; the
Washington Water Pollution Control Act, RCW Ch. 90.48; the Washington Hazardous
Waste Management Act, RCW Ch 70.105; the Washington Model Toxic Control Act,
RCW Ch. 70.105D, and the regulations promulgated thereunder, or under any applicable
local or state environmental ordinance, statute, law, rule or regulation. The provisions of
this subsection shall survive the termination of this Lease.
17. DEFAULT, TERMINATION & FORFEITURE.
A. The failure by LESSEE to comply with any term, provision or condition of this Lease
shall constitute grounds for termination of this Lease This Lease and tenancy shall
terminate on written notice by LESSOR to LESSEE stating accurately the manner in which
LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this
Lease in the manner specified in the notice within thirty (30) days from LESSEE's receipt
of such notice, otherwise this Lease and tenancy shall be terminated. Such notice shall
be given in writing and served on LESSEE by personal delivery or mailed by certified mail
with return receipt requested addressed to LESSEE at its address stated below or such
other address as the parties may advise each other in writing. It is further agreed that
after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall
-pay-L-E-SSORs_ costs--and-expenses- including attorneys -fees,--for--the-preparation and
service of such notice Notices chall ha deemed received three (3) „lays after mailing to
LESSEE at the address below or such other address as the parties may advise each other
in writing
4
B. Either party may terminate this Lease, with or without cause, upon 45 calendar days'
written notice.
C. Upon termination of this Lease for any reason, LESSEE shall immediately surrender
the premises to the LESSOR in good condition and repair, ordinary wear and usage
excepted; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures,
equipment or improvements removable by prior agreement with LESSOR from the
premises and shall repair any damage to the premises caused by such removal. Any
personal property of LESSEE, or anyone claiming under LESSEE, which shall remain
upon the premises at the expiration or termination of this Lease shall be deemed to have
been abandoned and may be retained by LESSOR as LESSOR'S property or disposed of
by LESSOR in such manner as LESSOR sees fit without compensation to any party.
Further, LESSEE shall remove all occupants from the encampment as of the effective
date of termination of the Lease, either through default or at the end of this Lease's term
18. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its
personal representative, successors in interest and assigns, as a part of the consideration
hereof, does hereby covenant and agree as follows:
A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap
or national origin, shall be unreasonably excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in LESSEE's personnel policies and
practices or in the use or operation of LESSEE's services or facilities.
B. LESSEE agrees that in the construction of any improvements on, over or under the
leased premises and the furnishing of services thereon, no person, on the grounds of race,
color, religion, sex, marital status, handicap, age or national origin, shall be unreasonably
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
C. LESSEE agrees that participation in religious activities will not be required to obtain
services on the Property.
19. INSURANCE. It is understood the City does not maintain liability insurance for the
LESSEE and/or its officers, employees, agents and/or subcontractors
Further, LESSEE shall obtain insurance as follows
A. Property Insurance. LESSEE shall procure and maintain a policy or policies of
property insurance with respect to the Property and LESSEE's personal property.
LESSEE will hold the City harmless for any damage to property owned by LESSEE and
waive its right of subrogation for any damage to their property.
B. Liability Insurance. On or before the effective date of this Agreement, LESSEE shall
provide the City proof of liability insurance in the amount of Two Million Dollars
($2,000,000.00) per occurrence combined bodily injury and property damage that states
who the provider is, the amount of coverage, the policy number and when the policy and
provisions provided are in effect. The policy shall name the City, its elected and appointed
officials, officers, agents, and employees as additional insureds and shall contain a clause
5
that the insurer will not cancel or change the insurance without first giving the City thirty
(30) days' prior written notice. A copy of all such policies shall be provided to the City
upon request.
20. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease
between the parties with respect to the subject matter herein contained and supersedes
any and all prior negotiations, discussions, agreements, and understandings between the
parties as to the subject matter hereof, which are hereby declared terminated and of no
further force and effect. No amendments or modifications hereof shall be enforceable
unless in writing, signed by the party to be charged.
21. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of
this to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and
enforced as if the Lease did not contain the particular provision held to be invalid. If any
provision of this Lease is in direct conflict with any statutory provision of the State of
Washington, that provision which may conflict shall be deemed inoperative and null and
void insofar as it may conflict, and shall be deemed modified to conform to such statutory
provision.
22. NON -WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this
Lease by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision.
23. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified below.
CITY OF YAKIMA
c/o Cliff Moore
129 North 2nd Street
Yakima, WA 98901
509-575-6000
Time is of the essence of this entire Lease.
6
TRANSFORM YAKIMA TOGETHER
c/o
CITY OF YAKIMA TRANSFORM YAKIMA TOGETHER
By C 11
Cliff Moot,, City Manager
Date* 5,ag4 (7
ATTEST.
By 4K4
S/nya Claar Tee, " ity Clerk 6W
City Resolution No., --2o17- NI 2_
City Contract No
ae)/7-v3q
7
ByL61(:)ecrf7'''
Andrew Ferguson, Executive Director
Date: ' 2Z - (
Exhibit A
Legal Description of Homeless Encampment
All that portion of Tract 40 of Goodwin's Five Acre Tracts, Recorded in Volume 'A' of plats, Page
18, records of Yakima County, Washington described as follows:
Beginning at the Southwest Corner of Tract 40, as described on Record of Survey, recorded
under Auditors File No. 7718968, records of Yakima County, Washington; thence N 0°15'41" E
105 feet; thence S 89°47'20" E 60 feet, to the point of True Beginning; thence N 0°15'41" E 200
feet; thence S 89°47'20" E 160 feet; thence S 0°15'41" W 200 feet; thence N 89°47'20" W 160
feet, to the point of True Beginning.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.J.
For Meeting of: March 21, 2017
ITEM TITLE: Resolution authorizing an agreement with Transform Yakima
Together to operate a temporary homeless encampment on City -
owned property
SUBMITTED BY: Cliff Moore, City Manager
SUMMARY EXPLANATION:
At the March 7th City Council meeting, the Council asked staff to explore the possibility of using
vacant, City -owned property off of 22nd Street (near the waste water treatment facility) for a
temporary homeless encampment that would be operated and managed by Transform Yakima
Together (TYT). Staff and TYT representatives visited the site and determined it would be
suitable for a temporary homeless encampment with minimal site preparation needed. The goal
is to have the encampment ready for individuals immediately following the closure of the extreme
winter warming shelters and will be operated and managed pursuant to the lease agreement and
its attachments.
ITEM BUDGETED:
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
O resolution 3/16/2017 Cover Memo
O encampment lease 3/16/2017 Cover Memo
O exhibit A 3/16/2017 Cover Memo
O proposal 3/14/2017 Cover Memo
T RAN S FWRML
YA K I M A TOGETHER
Proposal to YVCOG
"Shiloh Navigation Center"
Abstract:
"Transform Yakima Together" (TYT) will provide coordination of a shelter, meals and
basic needs assistance to homeless individuals and families from April 1, 2017 to June
30, 2018. The model will rely on the attached "Unified Strategy to Deal with
Homelessness," under the umbrella 501 c.3 organization, TYT. TYT will staff and
provide a shelter at the "Shiloh Navigation Center" (SNC) on Pierce Street in Yakima, as
well as work with the Faith Community of the Yakima Valley to accommodate homeless
residents with typical and special needs.
This year's program will be based on a two phase program that will provide an interim
plan (Phase 1) for services to be rendered in the City of Yakima during the gap between
the current Winter Shelter program and the new programs expected to be authorized
under the new YVCOG 5 -year plan beginning in July, 2017. This interim plan is
necessary in order to allow for the time needed for the Center location to go through the
zoning review process, approximately four months.
Phase !calls for a Day Center at the Shiloh Navigation Center and a "managed,"
temporary encampment on the City owned lot on Fruitvale Ave, across the street from
the city's public works depot.
The Day Center will be overseen by the SNC staff, as well as utilize Homeless Outreach
Teams from the community that have been trained to assist the homeless. The Day
Center will provide unsheltered residents daytime sheltered provision protected from the
elements. They can come inside for hot and cold beverages, food, counseling, health
screenings, clothing, and other basic needs assistance from 8:OOAM to 5:00 PM. These
additional health and essential needs services are provided as match services and not
included in the TYT budget. The Day Center can accommodate up to 50 people at a
time. SNC will be securing Memorandums of Understanding or MOUs with Community
Clinics in the Yakima area. These MOUs will seek to secure outreach professionals
and clinicians that are qualified to conduct health screenings and brief effective
counseling sessions for SNC clients.
The temporary encampment will be managed by TYT staff and will host up to 50 guests
each night. The camp will be open from 7:30 pm to 7:30 am every night with guests
registering each night with the camp host. The camp will have separate areas for male
and female guests along with storage facilities for the guests' belongings. A camp host
will be on site at all times while the camp is open. A detailed description of the plan for
the encampment is included below.
To facilitate clients being able to travel between the encampment and the Day Center
we will coordinate bus service with the city bus service, People to People or private
buses. The bus schedule will pick the clients up in the morning and take them to the
Center and then return them in the evening. Both trips will be timed so as to allow the
clients to stop and get a meal at the Union Gospel Mission
Under Phase II, the Navigation Center will transition to a 24-hour shelter/center
(assuming zoning approval by the City) and provide for 40 beds (20 male / 20 female)
each night with an overflow capacity of an extra 20 beds (10 each) for emergency
shelter. In addition, SNC expects to ultimately provide limited shelter opportunities for
families (up to 4 per night). An appropriate number of gender specific staff will monitor
both the male and female wings so as not to create a situation where genders are
mixed both in clients and in staff.
Overall coordination of these efforts will be the responsibility of TYT Staff, specifically by
a full-time Shelter Director. Coordination, staffing, and program oversight will be
provided seven days a week for the next 15 months.
Operational planning with key community partners began February 10, 2017, to secure
the facility on Pierce Street in Yakima and begin to train volunteers to accommodate the
needs of the program. We anticipate being able to open our doors for service within 30
days of approval.
Our Mission X X
Transform Yakima Together, through the Shiloh Navigation Center, will reduce the
incidence of homelessness by providing a place of refuge that will fulfill our homeless
population's immediate and critical needs, while at the same time working to empower
our homeless population with the tools that they need to navigate their way back to a
healthy and productive life and become self-sufficient via the Strength's Based -
Relationship Service Model.
Our Approach
• Relational service model allows staff and volunteers to develop a rapport.
• Rapport turns to trust over time which leads to richer opportunities
to support and empower people.
• When people are supported HOPE is developed.
• Hope EMPOWERS people to take the next step in life.
Team Work!
TYT believes in a team approach when supporting and empowering people.
• Staff and volunteers are empowered to work together for the common good of
the people we serve.
• Team work takes effort, grace, mercy, good communication and trust.
• Together, as a team of people who each have their own piece in the puzzle (no
matter the size or shape), we make a difference.
• TYT values collaboration and partnership
Working Within the Community
TYT recognizes the significant impacts that unmanaged homelessness has on local
businesses, housed residents and governmental entities that are located in and around
the downtown core.
Providing Downtown Yakima with a safe, accommodating, and well-managed facility for
homeless individuals will create relief for downtown businesses, public works, law
enforcement and sidewalks so that these places may be used for their intended
purposes.
Filling the Gaps in Homeless Services
This project will succeed in fulfilling multiple needs outlined by the City of Yakima
and YVCOG gaps analysis.
Consolidation of Shelter Services
The Center will be a fixed -site shelter for homeless adults. It will offer services to
meet the basic needs of the street community and connect people to a
coordinated network of vital social services. For the past several years, faith
communities in the Yakima area have sheltered adult men and women, primarily
during our wet and cold winter months. It is time to take the pressure off these
amazing partners by providing unsheltered men and women with trained,
qualified, paid staff who are able to meet needs that extend far beyond overnight
stays in these communities' buildings.
Services -Enhanced Shelter Offers a Gateway to Services
SNC will prioritize meeting a person's basic needs by minimizing barriers to
entry, providing a much-needed gateway to services including housing programs, drug
and alcohol treatment, and mental health assistance. TYT and SNC will be establishing
a comprehensive community network of providers via the MOU system, whereby these
partnering agencies will be provided secure access to shared clients in one of the many
meeting rooms at this facility.
Stabilizing the Homeless Community Stabilizes Our Entire Community
Our Shelter model emphasizes the importance of getting people off the streets as a
public safety strategy. Safety concerns within the downtown core and surrounding
residential areas stem partly from an unmanaged homeless population. On-site
management of The Shelter will include a 24-hour trained staffing model, on-site,
outdoor gathering space for guests, and a direct phone line to on-site management
when issues or concerns arise. Moving people off public sidewalks and out of sleeping
overnight in business doorways will be a major step for our downtown. Our ability to
connect people with the large network of public services and members of the Faith
Community will result in a positive outcome for all.
A Vital Step Towards Housing
Providing maximum access to basic needs services will provide greater opportunity for
people to connect with the social service network. By working collaboratively and
cooperatively with other organizations that provide services and access to housing we
can move people into housing more quickly and efficiently. TYT through SNC will be
forming a primary working relationship with local Housing Authorities, including Catholic
Charities and Habitat for Humanity, and utilizing an MOU to bring about the transition of
our clients into supportive housing with these Housing agencies as well as the TYT tiny
house project that is anticipated to be deployed through local churches.
The Sheltering Model and Plan
Phase I
The SNC Day Center will function per the plan below, absent the 24-hour residential
elements.
Temporary Encampment - a Community Model
The encampment will be a self -governed community with financial and logistical support
and Sponsorship by The City of Yakima, YVCOG, Transform Yakima and the Faith -
Based Community. These agreements and the close partnership between the non-
profit, local government, and the faith -based community form the church Network model
under which the communities operate.
It is our intent to use military style large tents to house residents of the encampment.
We believe this can be accomplished by having two tents for men, two for women and a
community tent. We also intend to provide two large storage lockers or "pods" to secure
larger items such as bikes, oversized bags and grocery carts. Each resident will be
provided with a designated sleeping area, small secure locker and access to sanitation
such as restrooms and garbage receptacles.
By using the large dormitory style tents, we believe this will assist in providing a
community accountability model as well as assist in the public's perception of the
encampment. By having an encampment with clear accountability will assist to
transitioning into a shelter setting. This will also help in efficient management of the
encampment. The alternative of individual tents can be used if preferred by government
leaders responsible for overseeing the encampment.
The site will be limited to fifty persons. The encampment is estimated to run at full
capacity, however we will accept new residents on a first-come first -serve basis.
However, if someone shows up late at night looking for a place to stay, the tent city will
offer them a bed for the night in their large army tent, as long as they pass the initial
screening. All residents must pass a police background check for convictions of sex
offenses.
Residents must agree to follow the 5 community standards of behavior:
• No violence toward yourself or others
• No illegal substances or alcohol or paraphernalia on the premises or within a two block
radius
• No stealing
• Everyone contributes to the upkeep and welfare of the village and works to become a
productive member of the community which includes ten hours of community service
per week
� t
• No disruptive behavior of any kind that disturbs the general peace and welfare of the
village
The rules are enforced on a "one -strike -and -you're -out basis" and all residents agree
when they move in to leave voluntarily if found in violation of these rules.
Responsibilities of residents include:
• Attending the weekly mandatory community meeting
• Actively participate in community cleaning every week as mandated by the
Department of Health.
• Serving two security shifts
There are varying lengths of bans from the community for violating the rules. There are
also three "elected arbitrators" (selected by the Director with community input) who are
responsible to work with campers who don't follow the rules.
The tent -coordinator is the spokesperson for the tent and liaison with the encampment
director. Other "elected" leaders take turns at the intake desk and share responsibility of
orienting new members. There is also a donations coordinator, who is a resident
responsible for logging and distributing donations equitably. The encampment director
must approve all donations prior to them being accepted. Donations will only be
accepted at an agreed upon date / time which will be clearly posted.
There is no time -limit to any member's stay as long as they are able to follow the
community standards of behavior.
Staffing:
Our intent is to use the best practice community accountability models currently in use
in the Seattle & Portland encampments. We intend to maximize the volunteers
available. However, there is a need for minimal paid staffing.
We intend to have the following staffing:
• Encampment Director
• Overnight Encampment Security
'X A
Phase 11
The Shiloh Navigation Center was created based on the stated needs of the street
community of Yakima themselves, YCOG analysis identified low -barrier shelter for
adults a top priority and in response to the passing of the Yakima Municipal Code,
Chapter "no -camping on city owned property" ban.
Many of the rules and requirements that exist within traditional shelters can be difficult
or impossible for clients to abide by in times of adversity, and therefore serve to exclude
them from accessing resources. We believe that safety, health, respect, and good
neighborhood stewardship can be prioritized in a shelter -first model, and it has been
shown as a best practice to offer services in a way that is accessible and ultimately
successful in stabilizing homeless individuals from the trauma of street life.
The shelter -first model is primarily based off of the housing -first model used by the 1811
Eastlake Project in Seattle, the low -barrier safe shelters in Vancouver, BC and Rain City
Housing also located in Vancouver, BC.
These models focus on client driven services, and through research and studies were
able to prove that low barrier services are best practices in serving the "hardest to
house" populations. Shelter -first programs identify why clients are not accessing
traditional services and create programs that clients are more likely to use.
The shelter first model will increase shelter utilization and capacity and decrease the
number of illegal encampments, street violence, and weather related deaths and
illnesses within the homeless community. These positive health outcomes
have been classified as Social Determinants of Health by the Accountable
Communities of Health Initiative and the research shows that the overall health of
the community as a whole increases when even one Social Determinant of
Health is addressed.
The Shiloh Navigation Center will provide up to 40 beds for day and night
sheltering. We will have shower and laundry facilities, mail, phone, and Internet access,
and safe storage for personal items and kenneling of pets. A Certified Peer Counseling
program will administer our mental health referral support system. SNC is committed to
working with other organizations on getting folks into housing and providing the support
they need as they work toward self-sufficiency. As part of their stay with us, our guests
will participate in grounds -keeping and other work as they develop pride and ownership
in the work we are doing. We will have round-the-clock staff and designated -monitored
outdoor spaces to ensure no disruption to the businesses and activities in the
surrounding area.
Expanded Mental Health Services
We will aid in the expansion of mental health services to the "most difficult to serve"
through collaboration with mental health service providers in Yakima and throughout the
state.
24 -Hour Shelter Placement / 72 -Hour Client Intakes
In coordination with Community Health we will provide shelter placement within 24
hours, and client intakes within 72 hours. This is a critical step toward housing for
qualified individuals and will target gaps identified by the City of Yakima and YCOG.
24 -Hour Public Restrooms
We will host a 24-hour public restroom. This will alleviate pressure on downtown
businesses.
24 -Hour Hotline
Through a 24-hour hotline, community outreach, and a partnership with The Downtown
Business Association, we will provide business owners an alternative to calling 911
when issues arise. This will greatly decrease pressure on the Yakima Police
Department in responding to nuisance calls.
What is "low -barrier" or "shelter first"?
Low -Barrier or Shelter First is a model of service delivery that provides for the basic
needs of street dependent people in order to get them off the streets. It prioritizes the
provision of shelter and basic needs FIRST so that street dependent people can more
easily access other services next (i.e. housing programs, substance use treatment
programs, mental health support programs). In practice, this means individuals will be
encouraged to participate in available programs but not required.
• Sobriety will not be required, however, there will be no drug or alcohol use on the
prem ises.
• Each person that comes to the shelter will have a formal intake and registration
interview with a trained staff member but will not be denied service without valid
ID.
• Couples will be able to stay together.
• There will be secure storage space for personal items.
• Service animals and companion pets will be accommodated
• Homeless (HUD Definition)
• Age 18 or older
• Ambulatory and not requiring hospital or nursing home care
• Agree to be nonviolent
• Agree not to use or sell drugs or illegal substances on the premises
• Agree to treat other clients, staff and the property with respect
• Agree to obey fire and other safety regulations
Experienced Professional Staff and Best Practices
The Shiloh Homeless Shelter is a program of Transform Yakima, a non-profit
organization made up of local faith communities. The Shelter will be led by social
service professionals with years of experience in sheltering, transitional housing, street -
based emergency outreach and mental health services. Our program model was
created using national recommendations, best practices and consultation with similar
shelter management throughout the Pacific Northwest and beyond. Project partners
include Community Health Centers, the City of Yakima and Yakima County.
Staffing Model and Funding
The bulk of our funding will pay staffing costs. In order to pay staff members a living
wage we will cut non -necessities, capital costs, buy used equipment and office supplies
and be very resourceful with donations and we will seek in-kind donations equating to
25% of our total budget.
Our staff will have an onsite supervisor at all times who has direct experience with the
homeless population, is a certified peer counselor, and who has established
relationships with the shelter guests. This person will be supported by other staff who
are well trained. The staff will be supported further by volunteer power, as the Shelter
will be absorbing both the guests and volunteers of the faith based shelter network. The
staffing model is hierarchical based on credentials, skills and experience.
Near-term staffing requirements will be more dependent on paid staff rather than
volunteers because of the need to cover the needs of the shelter while we are
developing our volunteer base. So, we would expect our paid staffing requirements to
diminish as the program goes on, OR, as is more likely to happen, we will be able to
provide more services with the same number of paid staff. A detailed staffing plan will
be provided in the proposed budget.
Staff training
Staff training will be extensive and comprehensive, building on best practices and the
special needs of the local community and requirements of the shelter site.
Training will be ongoing, frequently updated and dynamic, tapping a wide -range of
subjects including:
Trauma informed care
Cultural Competency
Motivational interviewing techniques
Mental health first aid
CPR/First aid/Blood borne pathogens
De-escalation techniques
Harm reduction
Anti -oppression training
Critical Incident Management
Mediation techniques
Reflective Listening Techniques
Dual Diagnosis Training
Dialectic Behavior Therapy
Crisis Respite Training
This is intended to be a framework to be built upon as needed and not an exhaustive list
of trainings. We will provide a list of volunteers, documentation of the training they went
through and documentation of them completing that training once it is actually
completed based upon securing funding.
Policies and Procedures
We continue to develop operational protocols based on best practices. We are in the
process of establishing "Good Neighbor" agreements (used by the Downtown
Emergency Service Center (DESC) in Seattle that will be signed by each guest upon
entry. These agreements will outline expectations for behaviors, and steps that will be
taken should these expectations be unmet.
As with any project of this magnitude, the policies and procedures will be lengthy and
comprehensive, reflect the needs of the community, be written in accordance to the law,
and be in the form of a manual. We will draw from existing organizations People's
House, and Sunrise policy and procedures as well as existing programs of a similar
nature in other cities. The shelter will make this manual publicly available when it is
finalized. In the meantime, the shelter organizers are available to directly communicate
with the community about how we will function and what our ground rules and
expectations of guests are.
Our policies and procedures will also be drawn on from similar programs in other places
including:
British Columbia Housing Emergency Shelter Program sample policies and
procedures:
www.bchousing.org/resources/Partner Resources/Program Resources/Emergen
cv Shelter Program/ESP Sample Policies Procedures.
FAQ's and Concerns
CONCERN: Will shelter clients be allowed to bring noisy and dangerous
animals to the shelter?
The Shelter will provide safe and hygienic outdoor kennel facilities for pets that do not
pose a health risk to humans or other animals. With this kennel resource,
an important barrier is removed for some persons seeking shelter. People living on the
streets sometimes have pets; in some cases, these are service animals, in others they
are life companions that have a positive emotional and physical influence on their
owners.
Shelters cannot legally deny someone services for having a service or companion
animal with proper documentation. Further, according to the Americans with Disabilities
Act, "...although a number of states have programs to certify service animals, you may
not insist on proof of state certification before permitting the service animal to
accompany the person with a disability".
Therefore, you cannot ask someone for proof of papers before allowing them services.
Shelters in Portland and Vancouver BC are just two cities that safely accommodate pets
so we have a structure to build from.
Companion animals are also a vital safety net for people living on the streets that are
vulnerable to dangerous and violent situations. Pets provide an extra set of eyes for
people's safety. Prohibition of animals inside shelter facilities is virtually universal, but
without provision for kenneling, pet owners find themselves shut out of the shelter
option. A kennel facility will be constructed based on the nature and constraints of the
shelter property itself. It will be designed to mitigate noise and other off-site impacts.
Link to Americans with Disabilities Act service animal requirements:
http:nwww.dud.yoviL
www.petsofthehomeless.0 provides food and veterinary services for homeless
pets in various parts of the Country. Their website explains some of the reasons why it
is so important to support the pets of homeless people.
CONCERN: How long can people stay?
There will be no specified time limit on guest stays. Arbitrary time limits have proven to
be a barrier to sheltering the "hardest to house" population, as they time-out, get
discouraged and are unable to re-enter the shelter for a period.
The premise of "shelter first" housing is that through creating a safe environment we can
help guests meet their basic needs and become more stable, easing the process into
housing and other services.
CONCERN: How will people connect to other services?
The Shelter is filling a clearly identified gap in services for unsheltered adults in Yakima.
Cities with the most success in ending homelessness subscribe to a continuum of care
network that begins with low -barrier emergency shelter and ends with affordable home
ownership. In order for us to move people through homelessness we must provide an
entry point to gain maximum access to supportive services such as mental health
support (on site), chemical dependency and substance abuse programs, housing
programs and many more. Under our agency umbrella we will operate in close
coordination with Community Health Centers and Faith Based Organizations to move
people into their successful rapid -rehousing program. Getting people in the door is the
key for moving people through stages of recovery. Similarly, partnerships with others
will ensure that vulnerable children and adult populations be served by other agencies
that help make up the greater sheltering network in Yakima.
Security & Safety Risks
Risks to clients, staff, volunteers, neighbors and property owners are of equal concern
to us -- and we will continually evaluate and systematically address issues of risk.
Concerns linking crime and safety risks with the homeless population have been
expressed in the past. During the early phase of the homeless tent encampment, strong
safety concerns were repeatedly aired at public meetings whenever relocation of the
camp was planned.
Our intent is to address these concerns have abated through productive community
dialogue, partnership and responsive agency practice.
CONCERN: Sex offenders will be staying at a shelter close to a school and
neighborhood.
We understand the concerns that community residents have about released sex
offenders and others with records of violent crime being allowed in the shelter.
Registered sex offenders are already present in the eastside neighborhood, and this
fact alone unsettles many people; as of this publication date, seven registered offenders
of different levels live in a short walking distance from the neighborhood schools. There
are also offenders registered as transients without a fixed address who currently have
no shelter to stay at in Yakima and are likely living on the streets in or near downtown.
This is a key facet of unmanaged homelessness that The Shelter seeks to address in
order to improve public safety and prevent offenders from re -offending.
Risk assessment of sex offenders is done by our state's court system, corrections
department and local law enforcement, according to law. Assessments determine what
level to classify released offenders, and when and how to reclassify them if warranted.
CONCERN: What are the sex offender laws and guidelines?
There are three classifications of Registered Sex Offenders—Level I, Level
II, and Level III.
❑ Level I offenders are considered low risk to the community, and their probability to
re -offend is considered low. They normally have not exhibited predatory -type
characteristics and most have successfully participated or are participating in approved
treatment programs. Many are first time offenders.
❑ Level II offenders are considered a moderate risk to the community, and have a
higher probability of re -offending than Level 1 offenders. They are considered a higher
risk to re -offend, because of the nature of their previous crime(s) and lifestyle (i.e. drug
and alcohol abuse, and other criminal activity. Offenders in this classification have either
refused to participate or failed to complete approved treatment programs.
❑ Level III offenders are considered a potentially high risk to the community and are a
threat to re -offend if provided the opportunity. Most have prior sex crime convictions as
well as other criminal convictions. Lifestyles and choices place these offenders in this
classification. Some have predatory characteristics and may seek out victims. Offenders
in this classification have either refused or failed to complete approved treatment
programs.
Reporting requirements for registered offenders with no fixed address are particularly
stringent compared to most housed offenders -- they are compelled to report in person
to the local sheriff on a weekly basis, and must provide an accurate accounting of where
they stayed during the week. This has the practical effect of keeping law enforcement
apprised of the whereabouts of the offender and is widely considered an effective tool in
preventing re -offending. Local law enforcement agencies frequently communicate with
shelters all over the United States to monitor transient sex offenders.
Access to a shelter is a positive factor associated with offenders meeting the
requirements of their release, while banning them from shelter forces them into the
more stressful life on the streets associated with a greater likelihood of recidivism.
CONCERN: Your shelter won't routinely require IDs. What about sex
offenders who do not self-report at the shelter?
By law, it is the responsibility of the convicted sex offender to register his/her/their
address. If an offender is living at the shelter, that will be the registered address. Law
enforcement agencies work with shelters in Washington State and across the country to
monitor homeless sex offenders.
Registered sex offenders with no fixed residence have no incentive to fail to report their
identity and status to any shelter they seek to use. They are obliged to live under terms
of release as determined by a court, must report to the local Sheriff every week about
where they are staying, and are under threat of more stringent reclassification or re -
confinement if they break these terms. As a matter of daily risk management practice,
The Shelter will maintain an updated list of sex offenders registered in Yakima County
and, in the remote instance that an offender fails to self-report, staff will be able to
identify such persons that contact the shelter during intake. As a social service agency,
we are bound to report such infractions to the authorities
CONCERN: What additional police resources and partnerships with police
are envisioned?
We are committed to a close and creative partnership with local law enforcement. Over
the past months, we have conferred on shelter safety practices, intake of certain
nuisance offenders, accessing future funding for programs aimed at reducing
unnecessary police calls and associated public safety costs, and the need for closer
coordination between the police and social services.
Budgets
Phase I
Shiloh Navigation Center
Phase 1 Budget
Personnel
Operations
Total
Staff (Includes Employer Taxes and Benefits at 21%)
($18,800.00)
($20,000.00)
($10,500.00)
($9,000.00)
($5,400.00)
($5,400.00)
($69,100.00)
Administration
Shelter Director
FT Staff -Lead
FT Staff
PT Staff
PT Staff
Total Staff
Meals (60 x 1 x $2 x days/month) ($10,920.00)
Maintenance ($3,000.00)
Encampment
Security ($15,000.00)
Garbage ($1,650.00)
Sanitation ($2,340.00)
Sharps Disposal Box ($1,800.00)
Total Operations ($34,710.00)
General
Outside Accounting ($3,000.00)
Rent ($22,500.00)
Utilities ($3,200.00)
Liability Insurance ($4,000.00)
Telephone($1,200.00)
Auto - Gas A ($2,000.00)
Internet ($400.00)
Professional Fees ($1,200.00)
Office Expenses ($800.00)
General Supplies ($2,000.00)
Misc ($1,200.00)
Total General
Total Expenses**
*20% In -Kind Contribution
Net Required
($41,500.00)
($145,310.00)
$ 30,000.00
($115,310.00)
**The building is expected to require up to $100,000 in renovation and improvements in order to serve as a
homeless shelter. We expect to be able to accomplish this through private in-kind donations.
Phase II
Shiloh Navigation Center
Phase II Budget
Personnel
Total
Staff (Includes Employer Taxes and Benefits at 21%)
Admin ($56,400.00)
Shelter Director ($60,000.00)
FT Staff - Lead ($42,000.00)
FT Staff - Lead ($42,000.00)
FT Staff ($36,000.00)
FT Staff ($36,000.00)
PT Staff ($21,600.00)
PT Staff ($21,600.00)
PT Staff ($21,600.00)
PT Staff ($21,600.00)
Total Staff ($358,800.00)
Operations
Expenses
Total
Meals (60 x 3 x $2 x
days/month)
Maintenance
Security
Total Operations
($131,400.00)
($12,000.00)
($60,000.00)
($203,400.00)
Marketing
Web Site ($3,100.00)
Printing and Mailing ($6,000.00)
Travel & Entertainment ($6,000.00)
Total Marketing ($15,100.00)
General
Outside Accounting ($18,000.00)
Rent ® ($90,000.00)
Utilities ($18,000.00)
Liability Insurance ($12,000.00)
Telephone ($3,600.00)
Auto - Gas ($6,000.00)
Internet
($1,200.00)
Professional Fee ($3,600.00)
Office Expenses ($2,400.00)
General Supplies ($6,000.00)
Misc ($3,600.00)
Total General ($164,400.00)
*20% In -Kind Contribution
Net Required
($741,700.00)
$148,340.00
($593,360.00)
*We expect to achieve 20% of our budget through in-kind contributions
T RAN S FWRM
YAKIMA TOGETHER
Unified Strategy to Deal with Homelessness
Our vision is to unite, equip and activate the Faith Community in the Yakima Valley in order to provide
resources to the homeless in Yakima County. We see to awaken and connect the churches and
parachurch organizations within the Valley to come together in collaboration to provide shelter and
resources for the homeless that will effectively reduce homelessness in Yakima County, thus fulling the
mission as outlined in Isaiah 58-62 and bringing glory to God our Father.
1. We will link the parachurch ministries and service providers in the Valley, such as UGM, Sunrise
Outreach, Habitat for Humanity, Love INC., and others to provide shelter, client management,
and other "wrap around" services in support of the overall Church effort.
2. Equip and coordinate the overall effort of the Faith Community through the churches to provide
housing to the homeless in our Valley through these various programs:
a. Emergency Shelter
b. Micro Housing
c. Long-term Supportive Housing
d. Permanent Housing
3. Coordinate and train volunteers from all the churches and community to meet "provisional"
needs of the homeless population in and outside of "church" housing programs through the
following services: (may be performed through existing ministries)
f. Community "Buddy Program"
g. Skills Training
h. Job Preparation
i. Financial Mgmt. Training
j. Workplace reintegration
a.
b.
c.
d.
e.
Food
Clothing, Blankets, etc.
Transportation
Sanitation
Mobile Shower & Washing
Trailers
4. Partner with other community service providers to deliver required professional services for
critical care such as:
a. Drug Addiction
b. Mental Health
c. Medical and Dental needs
Distributed>at the
Meeting -1/z0
LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
TRANSFORM YAKIMA TOGETHER
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Transform
Yakima Together, a religious organization pursuant to RCW 35 21 915 (hereinafter "LESSEE" )
WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE
desires to occupy and use such property in accordance with this Lease and RCW 35 21 915,
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to
be derived by each party, the parties agree as follows
1 LEASED PREMISES LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, that unimproved property described below
(hereinafter referred to as "Property" or "leased premises") and as depicted on the drawing
marked as Exhibit A, attached hereto and by this reference made a part hereof, together
with the right of ingress to and egress from the leased premises
A piece of property off of South 22nd Street, encompassing a portion of Yakima
County Tax Assessor parcel number 191329-41410, depicted generally on
Exhibit A, staked on the site and agreed to in person by all parties during a walk-
through at the property The site is approximately a 32,000 square foot (0 73 acre)
rectangle with west -east length of 160+/- feet and north -south length of 200+/- feet.
The southern boundary is 105+/- feet north of East Viola, northern boundary is 305 +/-
feet north of East Viola Western boundary is 525 +/- feet east of South 22nd Street,
eastern boundary is 685+/- feet east of South 22nd Street.
PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use the
Property as a temporary homeless encampment pursuant to RCW 35 21 915 LESSEE
acknowledges and understands that the property has no improvements or structures, and
no utility services as of the date of this Lease
LESSEE acknowledges that it is a religious organization pursuant to the term as used in
RCW 35 21 915
2. TERM The tenancy created by this Lease shall commence upon signatures of both
parties, and shall terminate on November 15, 2017, unless otherwise terminated as
provided for herein There shall be no option to renew the lease All persons occupying
the homeless encampment must be transitioned off the property on or before November
15, 2017, by LESSEE
3 RENT In consideration for LESSEE's agreement to the terms and conditions of this Lease
and that LESSEE shall use the property to operate a homeless encampment for homeless
individuals, providing a safer, more secure area for homeless individuals to camp while
searching for transitional or other housing, no rent shall be required as part of this Lease
1
4 TAXES AND LIENS LESSEE promises and agrees to pay, as the same become due
and payable, all licenses, fees and taxes, including but not limited to the leasehold excise,
required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use
and occupancy of the leased premises and by reason of LESSEE's construction or
ownership of improvements to the leased premises LESSEE shall neither suffer nor
permit the attachment of any lien or other encumbrance on the leased premises by reason
of LESSEE's occupancy thereof LESSEE agrees to indemnify LESSOR and shall hold
LESSOR harmless from any such taxes and liens
5 USE LESSEE agrees to use the leased premises for operating and facilitating an
encampment for homeless adults (persons 18 years of age or older) Attached as Exhibit
B, and fully incorporated herein, is a "Proposal to YVCOG for Shiloh Navigation Center"
which includes the proposed use and operation of the temporary homeless encampment
contemplated on the property subject to this Lease No children (persons under the age
of 18) shall be allowed to stay overnight in the homeless encampment for health and safety
reasons unless specifically approved in writing by LESSEE
6 UTILITIES Costs for utilities shall be paid by LESSEE LESSEE acknowledges that no
sewer or potable water is available and the property is open ground not connected to City
or other utilities Electricity is furnished to the site as part of the City's system LESSEE
shall pay the difference between the billed amount for the location by Pacific Power, and
$16 80 each month (the amount currently billed for the site) It is acknowledged by
LESSEE that any charges on the Pacific Power bill above $16 80 are the responsibility of
LESSEE, and LESSEE shall make payment to the LESSOR within fifteen (15) days of
demand for payment of the electricity bill Non -potable water is provided through a meter
directly affixed to a hydrant. LESSEE acknowledges this water is not to be used for
drinking or food preparation LESSEE agrees to pay the City for its use of the water based
on the meter readings and shall make prompt payment when due
7 CLEANING AND SANITATION LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition, including, but not limited to, weekly garbage service (or
more often if sanitation requires), sanitation facilities, such as port -a -potties and hand
washing stations, and safe bio -hazard disposal areas Such facilities shall be provided at
the expense of the LESSEE and shall be cleaned and serviced as needed to maintain a
safe and sanitary environment.
8 PREMISES CONDITION LESSEE has made a full inspection of the premises, is fully
aware of its condition and accepts the premises on an "AS -IS" basis LESSEE agrees to
pay for any improvements, repairs and/or modifications necessary to LESSEE's use,
including but not limited to all costs associated with the installation of improvements
necessary to run a homeless encampment.
9 MAINTENANCE LESSEE agrees to keep and maintain the premises in at least as good
a condition as the condition of the premises at the beginning of LESSEE's occupancy,
normal wear and tear excepted LESSEE further agrees that LESSEE shall be
responsible to maintain all leased areas, trade fixtures and other improvements, existing
and future, in an attractive and usable manner consistent with other LESSOR property
LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe,
sanitary, and usable condition at all times
2
10 SIGNS AND SITE SCREENING No signs are allowed on the property unless approved
in writing by LESSOR The site shall be fenced before occupation Site screening shall
be mutually agreed to by the parties
11 IMPROVEMENTS No improvements are contemplated by this Lease In the event
improvements are made by LESSEE or LESSOR that are affixed to the land, such
improvements shall become part of the property and revert to LESSOR upon termination
of this Lease at LESSOR'S option
12. REGULATIONS LESSEE agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities, including policies adopted by
LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and
operation of the leased property and as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become. effective
LESSEE agrees to formulate a Code of Conduct, or other similar good neighbor
agreement and/or rules of conduct for the encampment. Such Code of Conduct for use
of the encampment by residents should include, but not be limited to, requiring that
residents of the encampment not commit violations of the law, that residents of the
encampment have respect for other residents and neighboring property owners, and other
such regulations that ensure that the residents of the encampment, and neighboring
property owners and residents, are safe, secure, and that the public health and safety is
maintained
13 SITE PLAN LESSEE, prior to setting up and using the proposed encampment, shall
provide to the City a site plan that generally depicts how the site will be set up, the location
of sanitation and other group facilities, ingress and egress for emergency vehicles, as well
as the maximum occupancy of said encampment. Maximum occupancy shall be
determined by the City of Yakima
14 SUBLETTING AND ASSIGNMENT There shall be no subletting or assignment of this
Lease
15 MISCELLANEOUS PROVISIONS.
A. The parties agree that LESSOR may enter upon the leased premises at any
reasonable time to make such inspections as LESSOR may deem necessary to the proper
enforcement of any term, provision or condition of this Lease No such entry or inspection
by LESSOR is required by this provision, and the failure of LESSOR to enter and make
inspection shall not alter the relationship of the parties and their respective rights and
duties provided by this Lease LESSEE shall be granted the right of quiet enjoyment upon
performance of all terms of this Lease
B LESSOR reserves the right to take any action necessary or desirable by LESSOR to
protect the LESSOR's property against any activity interfering with the efficient operation
of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or
permitting to be erected, any building or other structure on the LESSOR's property which,
3
in the opinion of the LESSOR, would limit the usefulness of the property or constitute a
hazard
16 INDEMNITY/DUTY TO DEFEND
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and save
harmless the City of Yakima and its elected and appointed officials, employees and
agents, from any and all liability, damages, suits, claims, actions, judgments or decrees,
including all expenses incidental to the investigation and defense thereof and including
reasonable attorneys' fees, based on or arising from the occupancy or use of the leased
premises by LESSEE, its servants, employees, agents, invitees, independent contractors
or any entity, person, firm or corporation acting on behalf of LESSEE or under its direction,
whether such claim shall be by LESSEE or a third party
B LESSEE agrees to reimburse LESSOR for any damage to City property, including the
leased premises, caused by the occupancy of LESSEE, its employees, agents, servants,
invitees, independent contractors or any person acting on behalf of LESSEE or under its
direction
C LESSEE shall keep and hold the City of Yakima, its elected and appointed officials,
agents and employees, free and harmless from any and all claims and actions, loss,
damage, expense or cost, including reasonable attorneys' fees, incidental to the
investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's
use of the leased premises resulting in any liability under the Federal Comprehensive
Environmental Response Compensation Liability Act of 1980, as amended, 42 U S C
9601 et seq , Hazardous Materials Transportation Act, 49 U S C 1801 et seq , Resource
Conservation and Recovery Act, 42 U S C 6901 et seq , the Clean Water Act, 42 U S C
1251 et seq , the Washington Environmental Policy Act, RCW Ch 43 21C, the
Washington Water Pollution Control Act, RCW Ch 90 48, the Washington Hazardous
Waste Management Act, RCW Ch 70 105, the Washington Model Toxic Control Act,
RCW Ch 70 105D, and the regulations promulgated thereunder, or under any applicable
local or state environmental ordinance, statute, law, rule or regulation The provisions of
this subsection shall survive the termination of this Lease
17 DEFAULT, TERMINATION & FORFEITURE
A. The failure by LESSEE to comply with any term, provision or condition of this Lease
shall constitute grounds for termination of this Lease This Lease and tenancy shall
terminate on written notice by LESSOR to LESSEE stating accurately the manner in which
LESSEE fails or has failed to comply with this Lease LESSEE shall comply with this
Lease in the manner specified in the notice within thirty (30) days from LESSEE's receipt
of such notice, otherwise this Lease and tenancy shall be terminated Such notice shall
be given in writing and served on LESSEE by personal delivery or mailed by certified mail
with return receipt requested addressed to LESSEE at its address stated below or such
other address as the parties may advise each other in writing It is further agreed that
after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall
pay LESSOR's costs and expenses, including attorney's fees, for the preparation and
service of such notice Notices shall be deemed received three (3) days after mailing to
LESSEE at the address below or such other address as the parties may advise each other
in writing
4
B Either party may terminate this Lease, with or without cause, upon 45 calendar days'
written notice
C Upon termination of this Lease for any reason, LESSEE shall immediately surrender
the premises to the LESSOR in good condition and repair, ordinary wear and usage
excepted, and LESSEE shall remove all of LESSEE'S personal property, trade fixtures,
equipment or improvements removable by prior agreement with LESSOR from the
premises and shall repair any damage to the premises caused by such removal Any
personal property of LESSEE, or anyone claiming under LESSEE, which shall remain
upon the premises at the expiration or termination of this Lease shall be deemed to have
been abandoned and may be retained by LESSOR as LESSOR'S property or disposed of
by LESSOR in such manner as LESSOR sees fit without compensation to any party
Further, LESSEE shall remove all occupants from the encampment as of the effective
date of termination of the Lease, either through default or at the end of this Lease's term
18 NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its
personal representative, successors in interest and assigns, as a part of the consideration
hereof, does hereby covenant and agree as follows
A. No person, on the grounds of race, color, religion, sex, age, marital status, handicap
or national origin, shall be unreasonably excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in LESSEE's personnel policies and
practices or in the use or operation of LESSEE's services or facilities
B LESSEE agrees that in the construction of any improvements on, over or under the
leased premises and the furnishing of services thereon, no person, on the grounds of race,
color, religion, sex, marital status, handicap, age or national origin, shall be unreasonably
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination
C LESSEE agrees that participation in religious activities will not be required to obtain
services on the Property
19 INSURANCE. It is understood the City does not maintain liability insurance for the
LESSEE and/or its officers, employees, agents and/or subcontractors
Further, LESSEE shall obtain insurance as follows
A. Property Insurance LESSEE shall procure and maintain a policy or policies of
property insurance with respect to the Property and LESSEE's personal property
LESSEE will hold the City harmless for any damage to property owned by LESSEE and
waive its right of subrogation for any damage to their property
B Liability Insurance On or before the effective date of this Agreement, LESSEE shall
provide the City proof of liability insurance in the amount of Two Million Dollars
($2,000,000 00) per occurrence combined bodily injury and property damage that states
who the provider is, the amount of coverage, the policy number and when the policy and
provisions provided are in effect. The policy shall name the City, its elected and appointed
officials, officers, agents, and employees as additional insureds and shall contain a clause
5
that the insurer will not cancel or change the insurance without first giving the City thirty
(30) days' prior written notice A copy of all such policies shall be provided to the City
upon request.
20 INTEGRATION AND SUPERSESSION This document embodies the entire Lease
between the parties with respect to the subject matter herein contained and supersedes
any and all prior negotiations, discussions, agreements, and understandings between the
parties as to the subject matter hereof, which are hereby declared terminated and of no
further force and effect. No amendments or modifications hereof shall be enforceable
unless in writing, signed by the party to be charged
21 SEVERABILITY If a court of competent jurisdiction holds any part, term or provision of
this Lease to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and
enforced as if the Lease did not contain the particular provision held to be invalid If any
provision of this Lease is in direct conflict with any statutory provision of the State of
Washington, that provision which may conflict shall be deemed inoperative and null and
void insofar as it may conflict, and shall be deemed modified to conform to such statutory
provision
22. NON -WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this
Lease by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision
23 NOTICES Notices shall be sent by registered or certified mail, postage prepaid or hand
delivered Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified below
CITY OF YAKIMA
c/o Cliff Moore
129 North 2nd Street
Yakima, WA 98901
509-575-6000
Time is of the essence of this entire Lease
6
TRANSFORM YAKIMA TOGETHER
c/o
CITY OF YAKIMA TRANSFORM YAKIMA TOGETHER
By By
Cliff Moore, City Manager Andrew Ferguson, Executive Director
Date Date
ATTEST
By
Sonya Claar Tee, City Clerk
City Resolution No
City Contract No
7