HomeMy WebLinkAboutR-2022-041 Resolution authorizing an amendment to the Lease Agreement with Grace City Outreach for property adjacent to the wastewater treatment plant which is currently the location of Camp HopeA RESOLUTION
RESOLUTION NO. R-2022-041
authorizing amendment the Lease Agreement with Grace City Outreach for
property adjacent to the wastewater treatment plant which is currently the
location of Camp Hope.
WHEREAS, on or about August 6, 2020, the City and Grace City Outreach entered into a
Lease Agreement wherein Grace City Outreach agreed to lease property owned by the City to be
used as a temporary homeless encampment pursuant to RCW 35.21.915, City Contract No.
R-2020-141 approved by Resolution R-2020-095 ("Lease"); and
WHEREAS, the Lease authorized Grace City Outreach to operate a temporary homeless
encampment pursuant to the terms and conditions therein, which included the ability to
temporarily house people as outlined in the approved site plan; and
WHEREAS, the site plan and Lease did not contemplate the use of tiny homes, pallet
shelters, or RVs as temporary housing for the homeless; and
WHEREAS, Council has evaluated the point in time counts and gaps in services afforded
to people experiencing homelessness and has discussed options regarding RV safe parking and
the use of tiny homes/pallet shelters for temporary housing; and
WHEREAS, Grace City Outreach would like to amend its Lease Agreement to allow for it
to house people in tiny homes and/or pallet shelters and RVs on a temporary basis, and the City
would like to amend the Lease Agreement to allow for these additional services to people
experiencing homelessness; and
WEHREAS, the City Council finds that it is the best interest of the City and its residents to
amend the Lease Agreement between the City and Grace City Outreach to allow for additional
temporary housing types, and address facilities associated with the addition of these options;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council authorizes the City Manager to sign the Amendment to Lease
Agreement Between the City of Yakima and Grace City Outreach which allows for additional
temporary housing types and addresses facilities associated with the increase.
ADOPTED BY THE CITY COUNCIL this 15' day of March, 2022.
Janice Deccio, 1=yor
ATTEST:
Sonya Claar 1'_ -, City Clerk
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
GRACE CITY OUTREACH
THIS AMENDMENT TO THE LEASE AGREEMENT is made and entered into by and
between GRACE CITY OUTREACH, a Washington non-profit corporation registered with the
State of Washington and a religious organization pursuant to RCW 35.21.915 ("Lessee") and THE
CITY OF YAKIMA, a Washington municipal corporation ("City").
WHEREAS, on August 19, 2020, the City and Lessee entered into a "Lease Agreement
Between the City of Yakima and Grace City Outreach", City Contract No. 2020-095 ("Lease"),
whereby the City leased unimproved land at no charge for a period of two years, with an
opportunity for extension, in exchange for the Lessee providing services to the homeless in
Yakima, including, but not limited to, shelter in the form of an encampment; and
WHEREAS, the Lease continued the services provided at what is generally referred to as
"Camp Hope" that were previously provided pursuant to a Lease between the City of Yakima and
Sunrise Outreach Center of Yakima; and
WHEREAS, the City and Lessee wish to amend the terms and conditions of the Lease
Agreement, amend the use provisions in the Lease Agreement, and make other mutually
acceptable changes; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into the lease amendment below;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Lessee as follows:
Section 1. Section 5: Use, of the Lease Agreement Between the City of Yakima and Grace
City Outreach shall be replaced with the following language:
5. USE.
(a) Age Restrictions. Unaccompanied persons under the age of 18 are prohibited at
the homeless encampment. Persons under the age of 18 must be accompanied by a
parent or legal guardian and that family unit should be encouraged to take advantage
of services through other entities. LESSEE shall connect the family unit to other
service providers to attempt to find alternate accommodations. If there is no other
option for the family with children, such family with children may stay at the homeless
encampment if there is an approved area for families. Approved areas must be
physically separated from the general encampment by a site screened fence and gate
that is guarded 24 hours per day by a staff person that is not a resident. Approved
areas must have their own bathroom and handwashing facilities, as well as their own
community areas for relaxing, eating and/or recreation. The City in its sole discretion
shall approve an area for families.
(b) General Use. LESSEE agrees to use the leased premises solely for operating and
facilitating a temporary encampment for homeless persons, and associated services.
Attached as Exhibit 2, subject to the terms outlined in this lease agreement and fully
incorporated herein, is an operations plan and summary of the services and activities
that are expected to be offered at the temporary homeless encampment, subject to
the terms outlined in this lease agreement. No persons shall occupy the property and
use it as a temporary encampment or otherwise stay overnight, camp or otherwise
occupy the Property in a temporary residential capacity during any time period outside
this lease agreement or in violation of this Lease agreement, the operation plan, or
any federal, state or local law.
(c) Additional facilities onsite. LESSEE, with express written permission of LESSOR,
through its City Manager, or their designee, may construct on -site facilities such as
community buildings, or other similar improvements and facilities upon receiving all
necessary permits pursuant to the Yakima Municipal Code and state law. Any such
facilities should be able to be used in the various seasons typical in Yakima. Facilities
other than temporary bathroom, shower, kitchen and/or laundry facilities, shall not be
connected to underground utilities, such as water and sewer. No residential/living
facilities shall be connected to underground utilities. No facilities at the encampment
shall be affixed to the ground permanently.
(d) Tiny homes. LESSEE may construct tiny homes, such as pallet shelters, which
are less than 100 square feet and not permanently attached to the ground or
underground utilities as outlined in the site plan and pursuant to the following phasing
plan:
1. Ten (10) tiny homes may be placed on the North side of the site parallel to East
Birch Street at any time after the execution of this amendment.
2. Five (5) tiny homes may be placed on the South side of the site parallel to East
Viola Avenue to be used as COVID isolation facilities at any time after the
execution of this amendment.
3. Ten (10) tiny homes may be placed within the site (as outlined in the site plan)
at any time after the execution of this amendment.
4. An additional ten (10) tiny homes may be placed within the site six months after
execution of this amendment. Prior to placement, an updated site plan shall
be provided to the City for review for safety purposes.
5. An additional ten (10) tiny homes may be placed within the site twelve months
after execution of this amendment. Prior to placement, an updated site plan
shall be provided to the City for review for safety purposes.
(e) RV parking. LESSEE may provide RV parking for no more than ten (10)
recreational vehicles along the East side of the site. These vehicles may be connected
to power, at LESSEE's expense, but shall not be directly connected to water and
sewer.
(f) Organized Religious Activities. No homeless services provided by LESSEE or any
of LESSEE's subcontractors or partner agencies shall be denied due to a person's
religious affiliation or lack thereof. LESSEE is hereby prohibited from conducting, or
allowing other organizations to enter the encampment to conduct, prayer and/or other
religious activities in locations and at times where the encampment's occupants' only
way to avoid them is to leave a common area or the encampment. This includes any
community or dining tents.
Section 2. Section 6: Utilities, of the Lease Agreement Between the City of Yakima
and Grace City Outreach shall be replaced with the following language:
6. UTILITIES. LESSEE accepts all utility facilities as now existing at the location "as is,
where is" and understands that the LESSOR shall not be responsible for moving, adding
or supplementing any utilities or utility facilities. All costs for utilities, including any costs
for infrastructure necessary for said utilities, shall be paid by LESSEE.
LESSEE shall install a meter and be charged separately from the City for all electricity
charges at no charge to LESSOR. LESSEE shall be responsible for the operation and
maintenance of the meter, all electric connections, lines and services, and any damages
to the meter, facilities, or power pole associated with the meter or LESSEE'S use of the
power pole for electricity. LESSEE shall coordinate with Pacific Power to have all billings
for electricity used during the term of this lease to be billed directly to the LESSEE. A
meter shall be installed prior to November 15, 2017.
LESSEE may connect non-residential temporary structures or facilities not permanently
affixed to the ground to public water and/or sewer with the express written consent of the
LESSOR and approval of the location of pipelines and facilities by LESSOR. In the event
LESSEE connects the property to public water and/or sewer, LESSEE is responsible for
all costs associated therewith, from the main water and sewer line to and throughout the
property, including, but not limited to permit fees, connection fees, and construction costs.
LESSEE shall also be responsible for obtaining any necessary easements or rights to
cross private property if necessary. Said easements and improvements shall be
transferred to the LESSOR at the termination of this Lease. LESSEE shall be limited to
no more than five connections for temporary bathroom, shower, laundry and/or kitchen
facilities and an RV dump station, unless otherwise agreed to, in writing, by the LESSOR.
LESSEE shall be responsible for all utility charges, including, but not limited to, electricity,
water, sewer, cable, Internet, and garbage charges for the property. All billings shall be in
the name of LESSEE and all payments shall be promptly made upon receiving a bill, and
in no event shall any payment become delinquent. Delinquent payments for utilities may
be considered a default under the terms and conditions of this Lease.
Section 3. Section 7: Cleaning and Sanitation, of the Lease Agreement Between
the City of Yakima and Grace City Outreach shall be replaced with the following language:
7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition, including, but not limited to, property maintenance,
mowing, garbage service, sanitation facilities, such as portable toilets and hand washing
stations or other similar facilities, and safe bio-hazard disposal areas. All 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. As LESSEE increases services, housing,
and/or occupancy at the site, LESSEE shall evaluate the services at the site and
determine if there are adequate services to meet the needs of the site occupants. If
additional services are provided, an updated site plan showing the location of the
additional services shall be provided to LESSOR. The LESSOR, at any time, may
determine that additional cleaning activities and/or sanitation facilities are necessary
based on health and safety concerns, LESSEE shall undertake such activities and/or
install such facilities within thirty (30) days of notice at LESSEE's expense.
Section 4. Both parties agree that this Amendment satisfies the requirement that
LESSEE provide its notice of intent to renew the Lease Agreement, and that the Lease,
as amended, will continue through the renewal term, to terminate on June 30, 2024.
Section 5. An updated site plan of the current condition of the temporary homeless
encampment, and its current approved maximum occupancy is attached hereto and
replaces all prior Exhibit "3" documents.
Section 6. This Lease Amendment shall be recorded, pursuant to RCW 65.08.060,
with the Yakima County Auditor. LESSEE shall be responsible for recording this Lease
Amendment and providing a conformed copy to LESSOR for its records within ten (10)
days of both parties signing the Lease Amendment.
Section 7. This Lease Amendment shall be in full force and effect when executed
by both parties, and shall be incorporated into and deemed a part of the original
Agreement dated August 19, 2020.
Section 8. Except as expressly modified herein, all other terms and conditions of
the original Agreement dated August 19, 2020, shall remain in full force and effect.
Section 9. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this Amendment is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this Amendment or the
original Agreement.
CITY OF YAKIMA
GRACE CITY OUTREACH
By 1�i�._ J By
Mike Kay, Executi l 'rector
v
Date: 3(,I,Le172-�— � Date: /2
ATTEST:
By
Sonya
r ee, City Cler
City Resolution No.
City Contract No. ,DQV 4411
STATE OF WASHINGTON )
ss
County of Yakima
I certify that I know or have satisfactory evidence that Mike Kay, the Executive Director of
Grace City Outreach, 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
`‘,AcR‘CIA 4, fq',,,
` l •.c.4*. EXP. p��.•
=CAS
AfriTAPY
Pus N
STATE OF WASHINGTON
) ss
County of Yakima
By:
Notary Pub is r hp St
Residing at i6 -)/
Appointment Expires y/5
of Washington
I certify that I know or have satisfactory evidence that signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Manager of the City of Yakima, Washington to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Date: ('311 tt I �--
.�uuti Cr
By: �' "vi?L C. C' ��-
Notary Public for the State of Washington
Residing at: kim .
Appointment Expires 0-110'JI voLa_.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: March 15, 2022
ITEM TITLE: Resolution authorizing an amendment to the Lease Agreement with
Grace City Outreach for property adjacent to the wastewater
treatment plant which is currently the location of Camp Hope
SUBMITTED BY: Matthew Selby, Interim Assistant City Manager
SUMMARY EXPLANATION:
The City leases to Grace City Outreach a piece of land adjacent to the wastewater treatment
plant on which Grace City Outreach operates Camp Hope. The current lease does not
contemplate tiny homes/pallet shelters or RV spaces as part of the temporary housing available
to people experiencing homelessness. Grace City Outreach is interested in providing these
additional temporary housing opportunities, and the amendment to the Lease would allow it to
construct RV spaces with electrical hook ups, construct tiny homes/pallet shelters in phases, and
make two additional connections to the public sewer, one of which will be an RV sewer dump
connection. The Amendment also acknowledges that Grace City Outreach intends to renew the
Lease under its original terms and conditions through June 30, 2024.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date
O memo RV 3/9/2022
D reso 3/11/2022
O Amendment to Lease Agrmt_March 2022 3/2/2022
O Oty & Grace Oty Outreach Lease Agn-nt_Aug 6 2020 3/2/2022
Type
CoN,er Memo
Cover Memo
Contract
Backup Material