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HomeMy WebLinkAboutSports Center; Casa Vittore & Cowiche Canyon - Refuse Enclosure Lease AgreementREFUSE ENCLOSURE LEASE AGREEMENT PARTIES: Sports Center Yakima Sports Center, LLC Casa Vittore: Casa Vittore Cowiche Canyon: Cowiche Canyon Kitchen and Icehouse Bar City: City of Yakima, Washington SUBJECT PROPERTY: That portion of the City of Yakima's public parking lot No. 2, located between 2nd Street and 3id Street, identified as Space Numbers ten (10) and &even (11). RECITALS: City owns fee interest in the above-described real property, and utilizes said real property to provide public parking for residents and visitors seeking access to downtown shopping, business, entertainment and recreation. Sports Center, Casa Vittore and Cowiche Canyon (hereinafter referred to collectively as Parties) seek a location for its refuse container within City's Parking Lot No. 2 to provide a refuse facility that is nearer to its business locations at 214, 212, and 202 East Yakima Avenue than the container location that currently serves the Parties, located to the west and across 2nd Street from the Parties' location; and to provide easier access to the refuse container for Parties' employees as well as to reduce the unsightly conditions associated with refuse containers for businesses located adjacent to the present container location. This Lease Agreement is intended to provide the Parties a convenient and safe location for its refuse container. AGREEMENT: For and in consideration of the mutual promises and covenants contained herein, the City agrees to provide the Parties a lease for the use of a refuse dumpster enclosure located upon two (2) parking spaces within the City's Lot, said spaces currently numbered as parking spaces ten (10) and eleven (11). There currently is a refuse dumpster enclosure on the two parking spaces identified herein for the purpose of enclosing refuse dumpsters. The Parties' lease of the refuse dumpster enclosure to locate a refuse container closer to their establishment is deemed a reasonable use serving a legitimate public purpose. This Lease Agreement is specifically subject to the following terms and conditions: 1. Term and Termination a. The term of this Lease Agreement shall begin on January 1, 2020 and for a period not to exceed five (5) years. This Lease Agreement may be renewed for additional one (1) year terms subject to renegotiation of the payment amount. b. Upon expiration of the term of this Lease Agreement, or termination of the Lease Agreement pursuant to sections (c) and (d) below, the City shall be entitled to re -lease the use of the refuse dumpster enclosure to another party or remove it, in the sole discretion of the City. Should the City determine that the refuse dumpster enclosure is to be removed, it is understood between the parties that the City owes no duty to the Parties to assist in finding a new location, or in relocating the dumpster and is not responsible for any costs associated with relocation. c. Parties may terminate this Lease Agreement at any time upon thirty (30) days' written notice. Upon the effective date of termination, the parking spots shall be returned to the City in their original condition, the dumpster shall be removed, and the area within the refuse enclosure shall be clean. Unless otherwise agreed to by the parties, the refuse enclosure shall remain onsite upon termination. In the event one Party or two Parties terminate its responsibilities under the Lease Agreement, the remaining parties are responsible for full payment of the Lease amount, including the amount owed by the terminating Party or Parties. d. The City may terminate this Lease Agreement at any time upon thirty (30) days' written notice. Upon the effective date of termination, the parking spots shall be returned to the City in their original condition, the dumpster shall be removed, and the area within the refuse enclosure shall be clean. Unless otherwise agreed to by the parties, the refuse enclosure shall remain onsite upon termination. 2. Payment Required: This Lease Agreement permits the Parties' use of the City's refuse dumpster enclosure within the Lot for a total quarterly fee of $240.00 plus applicable tax ($40.00 per space per month plus tax). At the time of signing this lease, the total amount due and owing, including tax, per quarter is $259.68. Tax may increase at any time at the discretion of the City after taking the necessary steps to increase such tax. Payments are to be made in advance, with the first payment made on, or before, January 1, 2020, and subsequent quarterly payments on the first day of each new quarter (April, July, October, January) and continuing until the termination or expiration of this Lease Agreement. Payment shall be divided evenly among the three Parties. As such, each Party shall pay $80.00 plus tax each quarter. At the time of signing this lease, the total amount due and owing by each Party is $86.56. The Parties are jointly and severally liable for the Payment required under this Lease Agreement. 3. City Title: The Parties acknowledges the City's legal ownership and fee title to said real property described herein. The Parties expressly agrees to never deny City's right in ownership of said real property or to claim title in the Parties' name. The Parties further agrees that it does not and shall not at any time claim any interest or estate of any kind or extent whatsoever in the real property upon which the Parties' refuse container is located by virtue of the rights granted under this Agreement, the Parties' use under this Agreement, or upon any other basis. The Parties acknowledges that, to the extent there is no impairment of Parties' use of the refuse dumpster enclosure for the purposes and to the extent stated herein, the City is free to lease any unused and available space within said enclosure to any other party. 4. The PartiesImprovements on City Property: The Parties, at their sole cost and expense, intend to locate a refuse dumpster within the City's refuse dumpster enclosure identified herein. The Parties refuse dumpster shall be fully enclosed within the dumpster enclosure and the enclosure shall be kept locked at all times unless being accessed for refuse disposal. The Parties agrees that the use shall result in no significant damage to the asphalt surface of the parking lot, the area within the enclosure shall be kept clean and that there shall be no loose debris, trash, liquids or materials of any kind permitted to accumulate outside of the refuse container at any time. The Parties further agree that the refuse dumpster shall be emptied no less often than one time per week, more frequently if necessary to avoid unpleasant odors or overflow, and that the area subject to this Lease Agreement shall be restored by Parties to its pre -use condition upon termination or expiration of this use. The Parties agrees to pay for all incidental or necessary costs to locate, maintain and/or remove the refuse container, in the manner described herein. The Parties further agrees that they shall not construct or maintain any improvements on the City's property, that it shall maintain the enclosure in as good a condition as at the commencement of this Agreement and that they shall make no changes or alterations whatsoever to the enclosure without the City's written permission. 5. Damage or Destruction of Premises: If the refuse dumpster enclosure is destroyed or so damaged as to become wholly or partially unstable, then, in the City's sole discretion, it may choose to rebuild or repair the enclosure within a reasonable time, or may choose to remove the enclosure and terminate this Lease pursuant to Section 1(d) above. Said choice shall be delivered in writing to the Parties. The Parties shall remove the dumpster and any of its personal property on or before the effective date of the termination. 6. Indemnification: The Parties, and each of them individually, agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, and employees (hereinafter "parties protected") from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to the Parties', or its agents, employees, vendors, or volunteers', provision of services, uses, actions, or activities, including, but not limited to, all activities within the dumpster enclosure, pursuant to this Agreement. The provisions of this paragraph shall survive the revocation or discontinuation of this Agreement for any reason. 7. Insurance: On or before the date this Agreement is executed, each of the Parties individually shall provide the City with a certificate of insurance as proof of liability insurance in the amount of Two Million Dollars ($2,000,000.00) per loss and general aggregate limit of no less than Two Million Dollars ($2,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of "this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected and appointed officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. The insurance policy shall not include the activities associated with this Lease Agreement. 8. City Does Not Maintain Insurance for Parties It is understood the City does not maintain liability insurance for the Parties, or any of them individually, and/or their employees, agents, vendors or volunteers. 9. Parties Bound: Subject to the right of revocation as herein set forth, this Agreement shall inure to the benefit of and be binding upon the parties hereto. 10. Integration: This writing constitutes the entire agreement of the parties and its execution is authorized by their respective governing bodies. 11. Notices: All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may be hereafter specified by written notice delivered in accordance herewith: City: Sports Center: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention: City Manager The Sports Center, LLC 214 East Yakima Ave. Yakima, WA 98901 Casa Vittore: Cowiche Canyon: Molly Carrol 8094 Old Naches Highway Naches, WA 98937 Casa Vittore 212 East Yakima Ave. Yakima, WA 98901 Cowiche Canyon Kitchen 202 East Yakima Ave. Yakima, WA 98901 12. Entire Agreement: This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated into this Agreement. Any modification of this Agreement or additional obligation assumed by any party in connection with this Agreement shall be binding only if evidenced in writing and is signed by each party or an authorized representative of each party. 13. Assignment: The Parties shall not assign or transfer this Lease Agreement, nor grant a sub -use for any purpose, without the express, prior written consent of the City. The City may withhold consent for any reason. 14. Additional Users: In the event other businesses would like to use the dumpster enclosure outlined herein, those businesses shall first enter into a written Agreement with the City for such use. The quarterly cost of such use will then be allocated equally to all users. In no event, however, will the City pro rate or return any funds that have already been paid for dumpster enclosure use. The Parties, and any subsequent users of the dumpster enclosure each have an individual duty and responsibility to ensure the cleanliness of the dumpster enclosure and that the dumpster is emptied as often as necessary based on the use. Upon additional businesses entering agreements to use the dumpster enclosure, this Lease Agreement will be amended to reflect the new quarterly rate for the Parties. 15. Severability: If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. Non -Waiver:: The waiver by the Parties or the City of the breach of any provision of this Agreement 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. 17. Governing Law and Venue: This Agreement shall be governed in all respects by the laws of the State of Washington. In the event there should be any litigation arising out of this Agreement, venue shall lie in Yakima County, Washington. 18. Capacity to Sign:, The Parties affirms and warrants that the individual whose signature appears below on its behalf has the full power, capacity, and legal right to execute this Agreement and that this Agreement has been duly authorized and executed and that it shall constitute the legal, valid and binding obligation of the Parties, enforceable in accordance with its terms. DATED this )-eday of CITY OF YAKIMA THE SPORTS CENTER, LLC Alex Meyer off Interim City Manager CASA VITTORE Print Name: Title: 4,J,te ATTEST: nt Names I Title: COWICHE CANYON KITCHEN Print Name: /' 1 Title: 69 By Sonya Claar T -` City Clerk City Resolution No. 3)30-055 City Contract No. STATE OF WASHINGTON ) ss County of Yakima I certify that I know or have satisfactory evidence that i -\ -;'40'1`mc\Sw©Y 1-'Ir1 the C...4 k - CA y ry of The Sports Center LLC, signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date - " ‘kstTE 10" 1Ali STATE OF WASHINGTON County of Yakima ) ) ss ) I certify that I know or have satisfactory Ow ricr that they were authorized to execute the voluntary act of such party for the uses and CIN1/4-841k LW.By: C(11)AC,L.1,-2,-IvlicCor-A.C. Notary Public for the qtate of Washington Residing at: Ck Appointment Expires 0-4 —01— -e()2h-O evidence that V (,4-' 12v. Reim-Ie./4 A. , the of Casa Vittore, signed this instrument, on oath stated instrument arid acknowledged it to be the free and purposes mentioned in the instrument. Date —1./ -01.0 010 KATHERINE M KLOSTER Notary Public State of Washington Commission # 45562 My Comm. Expires Sep 24, 2021 STATE OF WASHINGTON County of Yakima ) ) ss ) I certify that I know or have satisfactory MAIrti9/ on oath stated that they were authorized to free and voluntary act of such party for the Date 03 „Ro AA . By: iti,Ifte 111<10,51e11 Notary Public for the State of Washington Residing at: YOZ-11.41.11/4- 14JA Appointment Expires evidence that MarK pie-kn , the of Cowiche Canyon Kitchen, signed this instrument, execute the instrument and acknowledged it to be the uses and purposes mentioned in the instrument. By: Sal c yif Notary Public for the State of Washington Residing at: for eyin Appointment Exiaires ASSIGNMENT OF REFUSE ENCLOSURE LEASE AGREEMENT This Assignment of the Refuse Enclosure Agreement (hereinafter referred to as "Assignment") is entered into by and between Yakima Sports Center, L.L.C., a Washington state limited liability company (hereinafter referred to as the "Assignor") and Willie Edwards and Todd Widner (hereinafter collectively referred to as the "Assignee"), both of whom agree to be bound by this Assignment, in consideration of the mutual covenants herein contained. WHEREAS, Assignor entered into a Refuse Enclosure Lease Agreement with the City of Yakima on or about March 25, 2020, to utilize the refuse bin enclosure located in the City- owned parking lot to the South of the building in conjunction with their business, the Sports Center, located at 214 East Yakima Avenue, Yakima (hereinafter referred to as "Lease"); and WHEREAS, the Lease requires payment to the City of Yakima for the spaces used in the parking lot upon which the refuse enclosure sits; and WHEREAS, Assignor has ceased operating business and no longer is in need of using the refuse enclosure; and WHEREAS, Assignee is the owner of the building located at 214 East Yakima Avenue where the Sports Center was located when in operation, and seeks to utilize the refuse enclosure on the same terms and conditions as outlined in the Lease; and WHEREAS, the City finds the assignment of the rights, interests and obligations of the Lease to Assignee acceptable; now, therefore, Assignor and Assignee agree as follows: 1. Assignor and Assignee hereby agree that the Assignor shall assign all their rights and interest, and delegate all of their obligations, responsibilities and duties found in the Lease to Assignee. 2. Assignee has a legal right to enter into this Assignment for the property located at 214 East Yakima Avenue, and Assignee hereby accepts the assignment of all of Assignors obligations, responsibilities and duties under the Lease and all of Assignor's rights and interests in the Lease and to the parties of the Lease. 3. Assignee agrees and acknowledges that it is responsible for the payments outlined in the Lease to the City and shall make timely payments under the Lease. 4. Assignee will receive notices, pursuant to section 11 of the Lease, as follows: Willie Edwards Todd Widner 101 Stohler Road Selah, WA 98942 5. The City consents to assignment of the Lease. 6. A copy of the Lease is attached hereto and fully incorporated herein. In witness whereof, the Parties execute this Assignment as follows: ASSIGNOR: ASSIGNEE: THE SPORTS CENTER, L.L.C. WILLIE EDWARDS AND TODD WIDNER -.\/&- i )\/(1 BY: WILLIE zDW ITS: Member/Managing Member / 4' al----- TO D WIDNER CONSENT TO ASSIGNMENT: CITY OF YAKIMA -,111( ROBERT HARRISON, City Manager ATTEST: --'�``�, `.,. ° - - By 1 - Sonya Claar Tee, City Clerk � Yt_ City Resolution No. _ _ tJ (Lk _ r } City Contract No. O2-O55 STATE OF WASHINGTON ) ss _ _ County of Yakima ) tUb (,ram \ I O otd I certify that I know or have satisfactory evidence that / 1'l-(h , the (} of The Sports Center LLC, signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary a t of s ch partylfor the uses and purposes mentioned in the instrument. � E. .' �� °Ag l 40=� g9375 '4q °:co ® / - ,TAA y 4, °DilL} 7 a' t( i %,�0 %BOG`= 0 By: U 0 JL.e_ r , Notary Public or Late of ashi gton °°fl'�j�t EXPIRES%%,,fr Residing at: , X pi 02 CU--il //(� 2i oe% WA Appointment E� pires 3 � � OF S`T STATE OF WASHINGTON ) ) ss . County of Yakima ) I certify that I know or have satisfactory evidence that Willie Edwards, signed this instrument, on ' oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary a t of su h party for the uses and purposes mentioned in the instrument. °® , 0qO='s9375 'gel•( °i11 ae �l Pt:7 tOTARy Y 1 ( i0 ° PUBOG By: P -0 4...... 0 gy, )� e '.1 b=2 NotaryPubli for-he/State •f Wasl�in tong/ va 9 e� EXPIREscl: '& .r! Residing at:L' It- I (.Q�av 1 . <`_ 111°° OF WAS�`\�' Appointment E- pires .3//U 23) STATE OF WASHINGTON ) ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Todd Widner, signed this instrument, on ' oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary a t/o�f s chrparty for the uses and purposes mentioned in the instrument. Date 3 "� �U -I • 7 11 _go04 Ke B 14 V__ �, .. _ g937g, ,% e, a- 1 ;-I \VAR), << ,3 Notary Publie fo th St of W inator�., .�o� . Residing at: .& t' �/ l/t-l' 1 s i ! � :,moo PUBL\G ti= Appointment(F�xpires3 /(1J �.�i to a `aa =s ,11lam. EXPIRES'.`' , 144 OF ASN\`= REFUSE ENCLOSURE LEASE AGREEMENT PARTIES: Sports Center: Yakima Sports Center, LLC Casa Vittore: Casa Vittore Cowiche Canyon: Cowiche Canyon Kitchen and Icehouse Bar City: City of Yakima, Washington SUBJECT PROPERTY: That portion of the City of Yakima's public parking lot No. 2, located between 2nd Street and 3rd Street, identified as Space Numbers ten (10) and eleven (11). RECITALS: City owns fee interest in the above-described real property, and utilizes said real property to provide public parking for residents and visitors seeking access to downtown shopping, business, entertainment and recreation. Sports Center, Casa Vittore and Cowiche Canyon (hereinafter referred to collectively as Parties) seek a location for its refuse container within City's Parking Lot No. 2 to provide a refuse facility that is nearer to its business locations at 214, 212, and 202 East Yakima Avenue than the container location that currently serves the Parties, located to the west and across 2nd Street from the Parties' location; and to provide easier access to the refuse container for Parties' employees as well as to reduce the unsightly conditions associated with refuse containers for businesses Located adjacent to the present container location. This Lease Agreement is intended to provide the Parties a convenient and safe location for its refuse container. AGREEMENT: For and in consideration of the mutual promises and covenants contained herein, the City agrees to provide the Parties a lease for the use of a refuse dumpster enclosure located upon two (2) parking spaces within the City's Lot, said spaces currently numbered as parking spaces ten (10) and eleven (11). There currently is a refuse dumpster enclosure on the two parking spaces identified herein for the purpose of enclosing refuse dumpsters. The Parties' lease of the refuse dumpster enclosure to locate a refuse container closer to their establishment is deemed a reasonable use serving a legitimate public purpose. This Lease Agreement is specifically subject to the following terms and conditions: 1. Term and Termination a. The term of this Lease Agreement shall begin on January 1, 2020 and for a period not to exceed five (5) years. This Lease Agreement may be renewed for additional one (1) year terms subject to renegotiation of the payment amount. b. Upon expiration of the term of this Lease Agreement, or termination of the Lease Agreement pursuant to sections (c) and (d) below, the City shall be entitled to re-lease the use of the refuse dumpster enclosure to another party or remove it, in the sole discretion of the City. Should the City determine that the refuse dumpster enclosure is to be removed, it is understood between the parties that the City owes no duty to the Parties to assist in finding a new location, or in relocating the dumpster and is not responsible for any costs associated with relocation. c. Parties may terminate this Lease Agreement at any time upon thirty (30) days' written notice. Upon the effective date of termination, the parking spots shall be returned to the City in their original condition, the dumpster shall be removed, and the area within the refuse enclosure shall be clean. Unless otherwise agreed to by the parties, the refuse enclosure shall remain onsite upon termination. In the event one Party or two Parties terminate its responsibilities under the Lease Agreement, the remaining parties are responsible for full payment of the Lease amount, including the amount owed by the terminating Party or Parties. d. The City may terminate this Lease Agreement at any time upon thirty (30) days' written notice. Upon the effective date of termination, the parking spots shall be returned to the City in their original condition, the dumpster shall be removed, and the area within the refuse enclosure shall be clean. Unless otherwise agreed to by the parties, the refuse enclosure shall remain onsite upon termination. 2. Payment Required: This Lease Agreement permits the Parties' use of the City's refuse dumpster enclosure within the Lot for a total quarterly fee of $240.00 plus applicable tax ($40.00 per space per month plus tax). At the time of signing this lease, the total amount due and owing, including tax, per quarter is $259.68. Tax may increase at any time at the discretion of the City after taking the necessary steps to increase such tax. Payments are to be made in advance, with the first payment made on, or before, January 1, 2020, and subsequent quarterly payments on the first day of each new quarter (April, July, October, January) and continuing until the termination or expiration of this Lease Agreement. Payment shall be divided evenly among the three Parties. As such, each Party shall pay $80.00 plus tax each quarter. At the time of signing this lease, the total amount due and owing by each Party is $86.56. The Parties are jointly and severally liable for the Payment required under this Lease Agreement. 3. City Title: The Parties acknowledges the City's legal ownership and fee title to said real property described herein. The Parties expressly agrees to never deny City's right in ownership of said real property or to claim title in the Parties' name. The Parties further agrees that it does not and shall not at any time claim any interest or estate of any kind or extent whatsoever in the real property upon which the Parties' refuse container is located by virtue of the rights granted under this Agreement, the Parties' use under this Agreement, or upon any other basis. The Parties acknowledges that, to the extent there is no impairment of Parties' use of the refuse dumpster enclosure for the purposes and to the extent stated herein, the City is free to lease any unused and available space within said enclosure to any other party. 4. The Parties' Improvements on City Property: The Parties, at their sole cost and expense, intend to locate a refuse dumpster within the City's refuse dumpster enclosure identified herein. The Parties refuse dumpster shall be fully enclosed within the dumpster enclosure and the enclosure shall be kept locked at all times unless being accessed for refuse disposal. The Parties agrees that the use shall result in no significant damage to the asphalt surface of the parking lot, the area within the enclosure shall be kept clean and that there shall be no loose debris, trash, liquids or materials of any kind permitted to accumulate outside of the refuse container at any time. The Parties further agree that the refuse dumpster shall be emptied no less often than one time per week, more frequently if necessary to avoid unpleasant odors or overflow, and that the area subject to this Lease Agreement shall be restored by Parties to its pre-use condition upon termination or expiration of this use. The Parties agrees to pay for all incidental or necessary costs to locate, maintain and/or remove the refuse container, in the manner described herein. The Parties further agrees that they shall not construct or maintain any improvements on the City's property, that it shall maintain the enclosure in as good a condition as at the commencement of this Agreement and that they shall make no changes or alterations whatsoever to the enclosure without the City's written permission. 5. Damage or Destruction of Premises: If the refuse dumpster enclosure is destroyed or so damaged as to become wholly or partially unstable, then, in the City's sole discretion, it may choose to rebuild or repair the enclosure within a reasonable time, or may choose to remove the enclosure and terminate this Lease pursuant to Section 1(d) above. Said choice shall be delivered in writing to the Parties. The Parties shall remove the dumpster and any of its personal property on or before the effective date of the termination. 6. Indemnification: The Parties, and each of them individually, agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, and employees (hereinafter"parties protected") from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses (including legal fees, costs, and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to the Parties', or its agents, employees, vendors, or volunteers', provision of services, uses, actions, or activities, including, but not limited to, all activities within the dumpster enclosure, pursuant to this Agreement. The provisions of this paragraph shall survive the revocation or discontinuation of this Agreement for any reason. 7. Insurance: On or before the date this Agreement is executed, each of the Parties individually shall provide the City with a certificate of insurance as proof of liability insurance in the amount of Two Million Dollars ($2,000,000.00) per loss and general aggregate limit of no less than Two Million Dollars ($2,000,000.00) that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect (any statement in the certificate to the effect of"this certificate is issued as a matter of information only and confers no right upon the certificate holder" shall be deleted). Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected and appointed officials, officers, agents, and employees as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of"but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. The insurance policy shall not include the activities associated with this Lease Agreement. 8. City Does Not Maintain Insurance for Parties: It is understood the City does not maintain liability insurance for the Parties, or any of them individually, and/or their employees, agents, vendors or volunteers. 9. Parties Bound: Subject to the right of revocation as herein set forth, this Agreement shall inure to the benefit of and be binding upon the parties hereto. 10. Integration; This writing constitutes the entire agreement of the parties and its execution is authorized by their respective governing bodies. 11. Notices: All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may be hereafter specified by written notice delivered in accordance herewith: City: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention: City Manager Sports Center: The Sports Center, LLC 214 East Yakima Ave. Yakima, WA 98901 Molly Carrot 8094 Old Naches Highway Naches, WA 98937 Casa Vittore: Casa Vittore 212 East Yakima Ave. Yakima, WA 98901 Cowiche Canyon: Cowiche Canyon Kitchen 202 East Yakima Ave. Yakima, WA 98901 12. Entire Agreement: This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated into this Agreement. Any modification of this Agreement or additional obligation assumed by any party in connection with this Agreement shall be binding only if evidenced in writing and is signed by each party or an authorized representative of each party. 13.Assignment: The Parties shall not assign or transfer this Lease Agreement, nor grant a sub-use for any purpose, without the express, prior written consent of the City. The City may withhold consent for any reason. 14.Additional Users: In the event other businesses would like to use the dumpster enclosure outlined herein, those businesses shall first enter into a written Agreement with the City for such use. The quarterly cost of such use will then be allocated equally to all users. In no event, however, will the City pro rate or return any funds that have already been paid for dumpster enclosure use. The Parties, and any subsequent users of the dumpster enclosure each have an individual duty and responsibility to ensure the cleanliness of the dumpster enclosure and that the dumpster is emptied as often as necessary based on the use. Upon additional businesses entering agreements to use the dumpster enclosure, this Lease Agreement will be amended to reflect the new quarterly rate for the Parties. 15. Severability: If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. Non-Waiver: The waiver by the Parties or the City of the breach of any provision of this Agreement 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. 17. Governing Law and Venue: This Agreement shall be governed in all respects by the laws of the State of Washington. In the event there should be any litigation arising out of this Agreement, venue shall lie in Yakima County, Washington. 18. Capacity to Sign:- The Parties affirms and warrants that the individual whose signature appears below on its behalf has the full power, capacity, and legal right to execute this Agreement and that this Agreement has been duly authorized and executed and that it shall constitute the legal, valid and binding obligation of the Parties, enforceable in accordance with its terms. 'VfMrb , Ze)20 DATED this b day of Deeerrrber20797 CITY OF YAKIMA THE SPORTS CENTER, LLC Alex Meyer off rint Name- IAA r-Jal Interim City Manager CASA VITTORE COWICHE CANYON KITCHEN 4v-voLL 14\a 44/:„.-4. 0&- Printrint Name: Print Name: MARK ?f r 1R0 Title: 4,JetG Title: ctrAk ATTEST: V .:_. ...\`r�� 047 411 zi; By Lkt .o f. Sonya Claar T , City Clerk : ` City Resolution No. (40 0-0,5 City Contract No. MIA STATE OF WASHINGTON ) ss County of Yakima ) I certify that I know or have satisfactory evidence that ilyt$0, A\OW\SrsitivAt-'1n , the t. �LAN cx cif."‘ of The Sports Center LLC, signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date O\--a'O- ?rC) p N,,A, TE D, • /i,Kr d • tl .r ,r.,* o .o By. l.(t '�fi�t;A �l 'C � tl .,IIr,ir " Notary Public for the State of Washington Do" r < ` w`` Residing at: VJ`iXkC. �MCt. t 1NAS �•`` Appointment Expires (P —01-- 'a()?rO STATE OF WASHINGTON ) ) ss County of Yakima ) • I certify that I know or have satisfactory evidence that V i( -O✓ Re,t/ -04o a- , the OW rice- of Casa Vittore, signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date I —� "�0d.0 KATHERINE M KLOSTER 4 Lt`/LL4_f�1l� /4 ' /`'�t�57C � Notary Public By: i'�ik 11 c etri 11 Kl os f( State of Washington Notary Public for the State of Washington Comm.ComExpiresirn#4556224, Residingat: 7$J'-WI/LA-My mm. Sep 24, 2021 — Appointment Expires ti V-40. .I STATE OF WASHINGTON ) ) ss County of Yakima ) I certify that I know or have satisfactory evidence that 1(.Y.C. QI P-)'YD , the atl-rit al of Cowiche Canyon Kitchen, signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date 031.E; :s9a0 ,��`` „�„,oi,i r,,� By: _oS�,I 1'' cL' ' ��`�OA 9i��g9 � Notary Public for the State of Washington , P; NIY o o. . Residing at: 1 ►n1A- - r Appointment Exijires b O % N• d�j •C?