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HomeMy WebLinkAbout12/10/2013 05F Soccer Field Use Agreement with Yakima Youth Soccer Association; J.M. Perry Soccer ComplexBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 12/10/2013 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing an agreement with Yakima Youth Soccer Association (YYSA) for the Operation of the J. M. Perry Soccer Complex SUBMITTED BY: Scott Schafer, Acting Director of Public Works Ken Wilkinson, Parks and Recreation Manager SUMMARY EXPLANATION: On December 21, 1993, the City of Yakima and the Yakima Youth Soccer Association entered into a Soccer Field Use Agreement for the J.M. Perry Soccer Complex. The soccer complex is owned by J.M. Perry Technical Institute and is under lease agreement with the City of Yakima. The Lease Agreement has been renewed over the years and the current term is set to expire December 21, 2013. J.M. Perry Technical Institute recently completed construction of a new parking lot adjacent to the soccer fields and in 2012, the City and J.M. Perry negotiated an Amendment to their Lease Agreement incorporating the use of the new parking lot to facilitate recreational use of the soccer complex, and to clarify existing terms regarding maintenance, insurance and use. The requirements from the amendment have been incorporated in the Soccer Field Use Agreement. The attached agreement is a continuation of the original 1993 agreement with the inclusion of the additional requirements identified in the 2012 amendment with the J.M. Perry Technical Institute. The soccer fields were developed by the City of Yakima in partnership with the Yakima Youth Soccer Association [YYSA]. Park Maintenance staff mows the grass, picks up trash, maintains the irrigation system and assists with fertilization. YYSA contributes to the maintenance of the fields, replaces sprinkler heads and performs other maintenance tasks, such as lining the fields and picking up trash. YYSA organizes and administers the soccer leagues and also provides portable restroom facilities. Exhibit "1" of the Agreement is a description of the parcels. Exhibit "B" of the Agreement is a diagram of the location of the proposed building. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: No Amount: Funding Source/Fiscal Impact: Strategic Priority: Partnership Development Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager The Agreement with YYSA was specifically discussed with Parks and Recreation Commission on September 11, 2013. The Parks and Recreation Commission supports the continuation of the partnership. Staff recommends City Council approve the Resolution for the continuation of the Agreement with the Yakima Youth Soccer Association. ATTACHMENTS: Description Upload Date Resolution YYSA 2013 12/2/2013 Exhibit B 11/25/2013 J.M Perry Soccer Complex Facility Use Agreement with Yakima Youth Soccer Association Type Resollution Ex hil b lit 11/25/2013 Contract A RESOLUTION RESOLUTION NO. R -2013 - authorizing the City Manager to execute a Soccer Field Use Agreement with Yakima Youth Soccer Association concerning use of the J.M. Perry Soccer Complex. WHEREAS, the City of Yakima (City) has entered into a Lease Agreement concerning use of the J.M. Perry Soccer Complex; and WHEREAS, the City has previously entered into agreements with Yakima Youth Soccer Association (YYSA) to provide for the use, by YYSA, of the J.M. Perry Soccer Complex; and WHEREAS, the existing Soccer Field Use Agreement expires by its terms on December 21, 2013, and the parties have negotiated a new Soccer Field Use Agreement; and WHEREAS, the City Council finds and determines that approval of the new Soccer Field Use Agreement, by and between the City and YYSA, is in the best interests of residents of the City of Yakima and will promote the general health, safety and welfare; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute and administer the "Soccer Field Use Agreement," by and between the City of Yakima and the Yakima Youth Soccer Association, a copy of which agreement is attached hereto with Exhibit "1" and incorporated herein by this reference; now, therefore, ADOPTED BY THE CITY COUNCIL this 10th day of December, 2013. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk o �.N wag. ® IVIMIMATICN e..ni L. nxc �.r o 10611.11.)1114 Ran. , 0 FUNRE moan 14,400 MOM n4.4.1. 63 ash•AR[DG �3TALLS mr sumi � ; j I I-19 (i' a ITIG room RIP srAL•S hi'yrc'v PEW ITIRELT �J 146T INYNINGTON AVM Perry Technical Institute CAMPUS SITE PLAN April 10, 2013 NORTH BORA,ckkitectm q puc MO N. (Lc6 hvc..wc, Swift a. yakims. W fff01 VOf) 47+-)Sf1 ww.,_bnwrcb,nm $D r trttNre SOCCER FIELD USE AGREEMENT By and Between CITY OF YAKIMA And YAKIMA YOUTH SOCCER ASSOCIATION THIS SOCCER FIELD USE AGREEMENT (hereafter "Agreement") is entered into by and between the CITY OF YAKIMA, a municipal corporation (hereafter "City"), and YAKIMA YOUTH SOCCER ASSOCIATION, a nonprofit corporation (hereafter "YYSA"), for the use of the soccer fields and facilities described below. I. Recitals A. City is a municipal corporation of the State of Washington, with City Hall located at 129 North 2nd Street, Yakima, Washington 98901. B. YYSA is a nonprofit corporation duly formed and existing under the laws of the State of Washington providing charitable, recreational and educational activities and opportunities for youth, primarily through the provision of youth soccer activities. C. City has entered into a Lease Agreement with the Harriet I. Perry Trust for the use of soccer fields located upon the campus of the J.M. Perry Technical Institute ("J.M. Perry"). D. The parties have previously entered into a Soccer Field Use Agreement in 1993, which was subsequently renewed for an additional ten-year term that expires on or about December 21, 2013, whereby YYSA agreed to construct and improve the J.M. Perry fields for use as soccer fields, and thereafter to maintain and use such fields for YYSA soccer events. E. City and the Harriet I. Perry Trust are negotiating a new Lease Agreement for the continued use and maintenance of the soccer fields, and in the event such new Lease Agreement is approved, City and YYSA desire to enter into this new Agreement concerning use and maintenance of such soccer facilities. II. Agreement WHEREFORE, in consideration of the mutual covenants, conditions, promises and benefits herein, the parties agree as follows: 1 1. License to Use Property. City hereby grants YYSA a nonexclusive license for the use of property, a description of which is attached hereto as Exhibit 1 and as further depicted on Exhibit B, incorporated by this reference herein (the "Licensed Premises"), leased by City from the Harriet!. Perry Trust for the use and maintenance of soccer play fields. 2. Term. The term of this Agreement shall be five (5) years commencing from date of execution through December 31, 2018 (the "Term"), subject to earlier termination pursuant to Section 10 below. 3. Renewal. YYSA shall have the right to renew this Agreement for one (1) additional five-year terms after the initial five-year term. If such renewal is placed in effect, the Renewal Term shall commence January 1, 2019 and shall terminate December 31, 2023. Said renewal shall be automatic unless the City shall give written notice to YYSA at least 120 days prior to the end of any term of its intent to terminate this Agreement at the end of such term. Renewal shall be conditioned upon and subject to renewal of the underlying Lease between the Harriet I. Perry Trust and the City of Yakima. 4. Consideration. The consideration due under this Agreement shall be as follows: 4.1 Operation and Maintenance. YYSA shall use and maintain the soccer field facilities in accordance with the provisions of this Agreement and applicable procedures of City's Parks and Recreation Division, for the primary purpose of providing soccer playing fields for its members and community youth as a means of promoting recreational opportunities and character building for youth. YYSA shall maintain the soccer complex facilities and Licensed Premises in such condition so as to facilitate use of such facilities for this primary purpose, and as set forth below. While the Leased Premises are in use by YYSA for soccer play and immediately following YYSA soccer events, YYSA shall keep the Leased Premises in a clean and orderly condition, free of all refuse and litter. 4.2 Sanitary Facilities. YYSA shall, at its expense, provide sufficient portable toilet facilities on the Licensed Premises to meet sanitary needs during times of soccer play. 4.3 Public Use of Property. YYSA shall allow the public at scheduled and convenient times to use the soccer play fields on the Licensed Premises for the purposes set forth in Section 6 below. 2 4.4 Signs. YYSA shall install and maintain signs upon the premises informing members of the public hours of play, rules and regulations, and shall maintain signs regulating parking as set forth in Section 7 below, and information concerning other parking use upon request by J.M. Perry. YYSA shall maintain upon the Licensed Premises a suitable sign designating the name of the play fields to be the "J.M. Perry Soccer Complex." 4.5 Rent. Except as provided in subsections 4.1 through 4.3 above, no rent shall be due the City during the term of this Agreement. 5. City's Duties — Shared Duties. 5.1 Maintenance of Property. City shall mow the soccer field property once per week in accordance with its normal mowing schedules. In the event YYSA desires additional mowing during any week, YYSA shall pay City $100 per hour for each hour spent by City in performing such additional mowing service. City's provision of such additional mowing service is contingent upon the availability of City Park Maintenance personnel and equipment sufficient to perform such service. City shall fertilize and provide control of noxious weeds upon the Licensed Premises, and may use fertilizers and herbicides provided by YYSA from time to time for such purposes. 5.2 Sprinkler System. City shall provide and maintain an underground irrigation sprinkler system serving the Licensed Premises, with water and pump to be provided by J.M. Perry. YYSA shall provide and maintain sprinkler heads for such irrigation system. 5.3 Trash Receptacles. City shall provide an adequate number of refuse containers and signs prohibiting littering on the Licensed Premises to facilitate the maintenance of the Licensed Premises in a clean and orderly condition. 5.4 Regulation. City may make reasonable rules and regulations governing the use and maintenance of the Licensed Premises. 6. Use of Soccer Fields. YYSA, those affiliated with YYSA, students at J.M. Perry and the City may use the Licensed Premises for soccer play. The City may also permit the general public and other youth soccer associations and teams to use the Licensed Premises for soccer play on dates and at times that do not conflict with 3 YYSA's scheduled use of the Licensed Premises. The Licensed Premises must be used solely for soccer or other similar nonprofit, character building activity, and may at no time be used for any other purpose during the term of this Agreement or any extension thereof. YYSA's use granted herein shall have priority over other uses herein provided. YYSA agrees to provide City on or before January 31 of each year a calendar or schedule showing dates and times of YYSA use of the Licensed Premises for the ensuing calendar year. The parties will cooperate regarding scheduling of YYSA soccer practices, games, tournaments and other youth soccer events sponsored or promoted by YYSA. 7. Parking. YYSA, and persons and organizations using the soccer fields or attending games may use the J.M. Perry vehicle parking lots located within or immediately adjacent to the Licensed Premises and the parking lots located at 2011 West Washington Boulevard (the "Parking Lots") for the purpose of vehicle parking after 4:30 p.m. on weekdays, and all day during weekends and federal holidays, except when J.M. Perry holds open houses. J.M. Perry's students, staff and invitees shall have exclusive use of all Parking Lots on weekdays until 4:30 p.m. and during J.M. Perry's open houses. City shall provide and install suitable signs in and around all of the Parking Lots specifying the hours during which the Parking Lots are reserved exclusively for the use of J.M. Perry's students, staff and invitees. J.M. Perry conducts open houses twice each year. City shall communicate to YYSA and all other organizations and persons using the Licensed Premises under license or permit issued by City, the dates and times of J.M. Perry's open houses and City and YYSA will prohibit persons or organizations using the soccer fields from parking in the Parking Lots during open houses. J.M. Perry shall post all signs in all of the Parking Lots notifying the public that vehicles violating J.M. Perry's parking restrictions will be towed from the lots at the owner's expense. J.M. Perry will engage the services of a licensed and bonded towing company to enforce the parking restrictions in the Parking Lots and tow violating vehicles from the lots. These parking restrictions also apply to the parking areas contiguous to J.M. Perry's building located on the west side of South 16th Avenue (directly east of the soccer fields). YYSA shall not permit any vehicles to be parked on the grass areas of the Licensed Premises. Access to and from the Parking Lots and soccer play fields shall be limited to established sidewalks or pathways along Washington Avenue and the pathway from the North Parking Lot to the J.M. Perry campus. 8. Indemnification. YYSA shall at all times maintain, operate and use the Licensed Premises and the Parking Lots in a safe and legal manner. YYSA shall be responsible for all acts thereon, and shall hold the City harmless and indemnify and defend the City against any and all claims or actions of any kind arising from the development, maintenance, operation or use pursuant to this Agreement, or otherwise 4 arising out of YYSA's use and occupancy of the Licensed Premises and associated Parking Lots, including reasonable attorney fees and costs. 9. Insurance. YYSA shall obtain and maintain liability insurance with a limit of one million dollars ($1,000,000.00) per occurrence to cover its activities upon the Licensed Premises, including the associated Parking Lots, and shall cause the City of Yakima, its agents, employees, officers, and J.M. Perry, to be named as additional insured under such policy of insurance. In addition, YYSA shall provide property damage insurance in an amount not less than $50,000.00. 10. Termination. Either party to this Agreement may terminate the Agreement at any time prior to the end of the Term for any reason by giving the other party sixty (60) days' written notice at the addresses written below. Upon termination of this Agreement at any time pursuant to this Section or Section 2 above, all improvements located on the Licensed Premises shall become the property of J.M. Perry; provided, however, that YYSA may retain bleachers, sprinkler heads, timers and associated irrigation equipment together with soccer goals. Upon termination, neither party shall be required to return the Licensed Premises to its original condition, except that YYSA shall return the Licensed Premises in a good and reasonable condition and state of repair. 11. Default. In the event of default in any of the terms and conditions of this Agreement, the non -defaulting party shall give notice in writing of such default to the defaulting party. The party in default shall then have 60 days within which to cure such default. In the event such default is not cured within the 60 days, this Agreement shall terminate 60 days from the receipt of notice of default by the defaulting party. Upon termination of the Agreement pursuant to this Section, all improvements located on the Licensed Premises shall become the property of the City. 12. Notice. All notices given pursuant to this Agreement shall be in writing and shall be deemed completed by sending the same to the addresses set forth below, U.S. registered mail, postage prepaid, return receipt requested. CITY OF YAKIMA YAKIMA YOUTH SOCCER ASSOCIATION Tony O'Rourke, City Manager Yakima City Hall 129 North 2nd Street Yakima, Washington 98901 (Or successor) Registered Agent: Michael J. Thorner, Esq. 101 South 12th Avenue Yakima, Washington 98902 (Or successor of record) 13. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons 5 or circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced as written to the fullest extent permitted by law. 14. Governing Law; Venue; Attorneys' Fees. This Agreement shall be governed by the laws of the State of Washington. Venue shall be in Yakima County Superior Court. In any court suit or action brought by either party concerning this Agreement, the court shall award to the prevailing party reasonable attorneys' fees in addition to the costs allowed by law, and the other party agrees to pay the same. 15. Assignment. YYSA shall not assign any rights or interests it has in this Agreement without the written consent of the City, and of J.M. Perry. 16. Entire Agreement. This Agreement contains the entire integrated agreement between the parties hereto. Modification shall be by mutual consent of the parties and in writing. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Yakima, Washington, this day of , 2013. CITY OF YAKIMA YAKIMA YOUTH SOCCER ASSOCIATION By: By: Tony O'Rourke, City Manager Scott Filkins, President ATTEST: By: Sonya Claar Tee, City Clerk By: 6 Ben Rickey, Secretary EXHIBIT 1 Parcel 1 The south half of the Southeast quarter of the Northeast quarter of Section 35, Township 13 North, Range 18 E.W.M., EXCEPT that portion lying Southwesterly of the Wide Hollow Creek, AND EXCEPT the west 195 feet as measured at right angles to and parallel with the West line thereof, AND EXCEPT the East 665.82 feet, as measured along the North line and parallel with the East line thereof, AND EXCEPT the South 30 feet thereof for road. AND The East 665.82 feet, as measured along the North line and parallel with the East line, of the South half of the Southeast quarter of the Northeast quarter of Section 35, Township 13 North, Range 18 E.W.M., EXCEPT the North 310 feet, as measured along the East line and parallel with the North line thereof, AND EXCEPT the East 240 feet of the South 240 feet thereof, AND EXCEPT the South 30 feet for road, AND EXCEPT the East 30 feet thereof for road. AND Lot 4 of that certain Short Plat recorded in Book 85 of Short Plats, Page 82, under Auditor's File No. 2734197, records of Yakima County, Washington. Yakima County Assessor's Parcel No. 181335-14422 Situated in City of Yakima, Yakima County, State of Washington. Parcel 2 A 1.48 acre parcel of real property being Yakima County Assessor's Parcel Number 181335- 14425, encompassing a paved parking lot (hereafter called the "North Parking Lot ") legally described as follows: Lot 3, short plat No. 85 -52, except the east 60 feet thereof. Situated in City of Yakima, Yakima County, State of Washington. Parcel 3 A 2.73 acre parcel of real property, being Yakima County Assessor Parcel Number 181335 -14008, encompassing a grass area sometimes used as a soccer field, legally described as follows: That portion of the south 1/2 of the southeast 14 / of the northeast 1 4/ of Section 18, Township 13 North, Range 13 East Willamette Meridian, lying southerly of the center line of Wide Hollow Creek, except the south portion of such parcel used and reserved for street right of way. Situated in City of Yakima, Yakima County, State of Washington. EXCLUDING, however, from the foregoing described property the following portion thereof: Lot 4 of Short Plat No. 85-82, records of Yakima County, Washington and that portion of the South Half of the Southeast Quarter of the Northeast Quarter of Section 35, Township 13 North, Range 18 East, W.M. lying East of the following described line: Beginning at the Northwest corner of said Lot 4; thence South 0°06' West along the west line of said Lot 4 and said line extended to the South line of said subdivision and the terminus point of the herein described line; EXCEPT the South 240 feet of the East 240 feet of said subdivision; AND EXCEPT right of way for South Sixteenth Avenue and West Washington Avenue. 8