HomeMy WebLinkAboutR-2024-115 Resolution approving the Lease Agreement and Memorandum of Understanding between the City of Yakima and Grace City Outreach RESOLUTION NO. R-2024-115
A RESOLUTION approving the Lease Agreement and Memorandum of Understanding
between the City of Yakima and Grace City Outreach.
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 August 6, 2020 Lease, as amended, terminates on June 30, 2024; and
WHEREAS, Council has evaluated the point in time counts as well as other information,
and finds that there is still a need for temporary emergency shelter for those people experiencing
homelessness in the City; and
WHEREAS, Grace City Outreach is willing to continue its operation of Camp Hope at the
current location under the terms and conditions of the Lease Agreement; and
WEHREAS, the City Council finds that it is in the best interest of the City and its residents
to approve and enter into the Lease Agreement and Memorandum of Understanding between the
City and Grace City Outreach for the lease of City-owned property to be used as a temporary
emergency homeless encampment pursuant to RCW 35.21.915; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council authorizes the Interim City Manager to sign the Lease Agreement
and Memorandum of Understanding Between the City of Yakima and Grace City Outreach for the
lease of City-owned property for use as a temporary emergency homeless encampment pursuant
to RCW 35.21.915.
ADOPTED BY THE CITY COUNCIL this 18th day of June, 2024.
ATTEST: MA ��{, Patricia ers ay-or
t;
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Bran y radford, [deputy City Cler Asf��,Nc?.
LEASE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF YAKIMA
AND
GRACE CITY OUTREACH
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Grace City
Outreach, a Washington State non-profit corporation with IRS 501(c)(3) status and 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 1, attached hereto and by this reference made a part hereof:
See EXHIBIT 1
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, as
amended, and ESHB 1754. LESSEE acknowledges and understands that the property
has limited water and sewer connection access and electrical services as of the date of
this Lease. LESSEE takes all services and utilities "as is, where is" and has an
opportunity to inspect the Property and make itself aware of utility locations.
LESSEE acknowledges that it is a religious organization pursuant to the term as used in
RCW 35.21.915.
2. TERM AND RENEWAL. The tenancy created by this Lease shall commence on July 1,
2024, and continue for a period of approximately two years until June 30, 2026, unless
otherwise terminated as provided for herein. This Lease may be renewed by the
LESSEE by providing notice of intent to renew no less than thirty (30) days before the
end of the term for six (6) additional two-year terms. The last date under this Lease, if all
additional terms are exercised, will be June 30, 2038.
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 temporary homeless
encampment for homeless individuals, providing a safe, more secure area for homeless
individuals to camp, and providing necessary sanitary, safety and hygiene related
services and aid to persons experiencing homeless while they search for transitional or
other housing, no rent shall be required as part of this Lease.
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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.
(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 shall 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 until such alternate accommodations are available, if there is an
approved area for families. Approved areas for families 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 prior to its use as such.
(b) General Use. LESSEE agrees to use the leased premises solely for operating
and facilitating a temporary encampment for homeless persons, and associated
services relating to health, sanitation, safety and hygiene. 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 for dining or other allowed activities, or other similar
improvements and facilities upon receiving all necessary permits pursuant to the
Yakima Municipal Code and federal, state, and local law. Any such facilities should
be able to be used in each of 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 place approved tiny homes, such as pallet shelters
or other similar shelters on the property. Tiny homes should be approximately 100
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square feet per unit and no more than 400 square feet per structure. Tiny homes and
tiny home structures shall not be permanently attached to the ground, other than any
necessary tie-downs required by the building code inspector which shall be approved
prior to placement. Tiny homes shall not be connected to underground utilities. Tiny
homes may be placed as outlined in a pre-approved site plan and shall be pre-
approved by LESSOR to ensure correct fire rated separation and other fire and life
safety matters.
For purposes of this section, a tiny home unit is the individual living unit. A tiny home
structure is the structure housing one or more individual living units.
(e) RV parking. LESSEE may provide RV parking for temporary living use 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 in any capacity.
(f) Organized Religious Activities. No homeless services provided by LESSEE or
any of LESSEE's subcontractors, partner agencies, or other agencies or groups
allowed to provide services at the temporary encampment shall be denied due to a
person's religious affiliation or lack thereof. LESSEE is hereby prohibited from
conducting, or allowing any 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.
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/or an RV dump station, unless otherwise
agreed to, in writing, by the LESSOR.
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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.
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.
8. PREMISES CONDITION AND FENCING. 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 temporary homeless encampment.
All activities and services provided to people experiencing homelessness as part of the
temporary homeless encampment shall occur within a fenced perimeter. LESSOR
previously provided temporary fencing in the length of 777 feet to LESSEE as part of the
original Lease. The fencing shall remain the property of LESSOR throughout the term,
and any extensions, of this Lease, and any damage or loss to fencing owned by
LESSOR shall be the responsibility of LESSEE. LESSEE shall return LESSOR's 777
feet of fencing in its original condition, normal wear and tear excepted, to the LESSOR at
the termination of this Lease. In the event additional fencing is needed by LESSEE to
conduct its activities and services for homeless persons on the property within a fenced
area, LESSEE is responsible for any and all additional costs, including permits and
installation costs, associated with placement of additional fencing.
9. CONSTRUCTION OF ACCESS WAY FOR CITY VEHICLES. Due to LESSEE's desired
location for the temporary homeless encampment, LESSEE acknowledges that it is
necessary for LESSEE to construct an access driveway, including, but not limited to the
necessary curb cut in a width and location approved by the LESSOR, and approach.
The access driveway design, materials and location shall be approved by the City
Engineer and constructed at the sole expense of LESSEE. LESSEE shall be
responsible for obtaining all necessary permits to construct the access way. Prevailing
wages may be required. Said access way shall be constructed when, separately from
this Lease, specifically requested by the City in writing. Once the request is received,
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LESSEE shall have 60 days to finish construction of the access way unless a different
time period is agreed upon by the parties.
10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as
good a condition as the condition of the premises as if no temporary homeless
encampment had existed on the Property. LESSEE further agrees that LESSEE shall
be responsible to maintain all leased areas, trade fixtures, water and sewer lines and
facilities, and other improvements, existing and future, in an attractive and usable
manner consistent with other LESSOR property. LESSEE understands and
acknowledges that it is responsible for all maintenance of the water and sewer lines and
facilities within the boundaries of the temporary emergency homeless encampment. Any
back-ups, breaks, or other damages to the water or sewer lines therein shall be promptly
fixed by LESSEE at its sole cost and expense.
LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a
safe, sanitary, and usable condition at all times.
LESSEE is responsible for snow removal along the driveway access and weed control
on the Property.
11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved
in writing by LESSOR. The site shall be fenced. Additional site screening shall be
mutually agreed to by the parties.
12. IMPROVEMENTS. No improvements other than those specifically mentioned herein 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, or removed by LESSEE
if originally made by LESSEE, the determination of which shall be solely made by
LESSOR, and at no cost to the LESSOR.
13. 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 maintain a Code of Conduct, or other similar good neighbor
agreement and/or rules of conduct for the temporary homeless encampment during this
Lease. Such Code of Conduct for use of the temporary homeless encampment by its
clients should include, but not be limited to, requiring that clients not commit violations of
the law, that clients have respect for other clients and neighboring property owners, and
other such regulations that ensure that the clients, and neighboring property owners and
residents, are safe, secure, and that the public health and safety is maintained. A copy
of the Code of Conduct shall be provided to the LESSOR.
LESSEE shall comply with all building, fire, and safety regulations, including, but not
limited to building codes concerning any structures built on premises and perm it fees, if
written permission is granted to construct on-site facilities of any kind.
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14. SITE PLAN. LESSEE, prior to the beginning date of this Lease, 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. Any modification of the site plan to allow for improvements or other
additional facilities shall be agreed to and approved by LESSOR prior to any new
improvements or additional facilities being placed or constructed at the site. The site
plan shall be affixed hereto as Exhibit 3.
15. SUBLETTING AND ASSIGNMENT. This Lease, or any interest herein or claim
hereunder, shall not be assigned or transferred in whole or in part by LESSEE to any
other person or entity without the prior written consent of LESSOR. LESSOR is the sole
determiner of whether the Lease may be assigned, and its decision cannot be
challenged. In the event that such prior written consent to an assignment is granted,
then the assignee shall also assume all duties, obligations and liabilities of LESSEE
stated herein, including, but not limited to the indemnification and insurance
requirements.
16. 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, or for fire and/or life
safety purposes. 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, in the opinion of the LESSOR, would limit the usefulness of the property or
constitute a hazard.
C. LESSOR shall have the right to use, unobstructed, the driveway off of 22nd Street for
ingress and egress to LESSOR'S property for maintenance, operations, public safety, or
other purposes. The driveway off of 22nd Street shall not be obstructed by parked or
stationary vehicles, personal property, gates, persons or otherwise, at any time.
D. All parking of occupants of the temporary homeless encampment shall be within the
leased property. If a parking area is proposed, it must be paved or graveled to avoid
parking on dry grasses or combustible materials. No automotive work or maintenance
may be done on premises and LESSEE shall not allow people to live in their vehicles,
including RVs, on premises. Parking areas shall be indicated on the Site Plan.
17. INDEMNITY/DUTY TO DEFEND.
A. At no expense to LESSOR, LESSEE shall defend against, release, and indemnify
fully and save harmless the City of Yakima and its elected and appointed officials,
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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 defend, release, indemnify 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.
D. Further, during the term of this Lease where LESSEE is operating a temporary
homeless encampment on the property, LESSEE agrees and acknowledges that RCW
35.21.915(d), and as amended, applies to the property and this Lease. That section as
of the date of this Lease, specifically states:
An appointed or elected public official, public employee, or public agency as defined
in RCW 4.24.470 is immune from civil liability for (a) damages arising from the
permitting decisions for a temporary encampment for the homeless as provided in
this section and (b) any conduct or unlawful activity that may occur as a result of the
temporary encampment for the homeless as provided in this section.
LESSEE shall defend, indemnify, release and hold harmless LESSOR, its appointed or
elected public officials, and public employees from any claims for damages arising from
permitting decisions for the temporary homeless encampment, including entry into this
Lease, as well as any conduct or unlawful activity that may occur as a result of the
temporary homeless encampment. LESSEE acknowledges that at all times, it must only
operate pursuant to RCW 35.21.915 if it wishes to continue to be exempt from the
zoning code and development permit requirements. Failure to operate pursuant to RCW
35.21.915 and without the proper permits and zoning review, shall be considered a
default and be grounds for termination of this Lease.
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18. 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.
B. Either party may terminate this Lease, for any reason or without cause, upon forty-
five (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 as required by this Lease; and LESSEE shall remove all of LESSEE'S
personal property, trade fixtures, or equipment 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 LESSEE. Further, LESSEE shall remove
all occupants from the temporary homeless encampment as of the effective date of
termination of the Lease, whether it be through default, termination for convenience, or
at the end of this Lease's term.
19. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its
personal representatives, agents, officers, 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,
national origin, or any other protected status pursuant to any federal, state or local law,
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, national origin or any other
protected status pursuant to any federal, state or local law, shall be unreasonably
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
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C. LESSEE agrees that participation in religious activities will not be required to obtain
any of the services provided on the property that is subject to this Lease.
20. 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. On or before the effective date of this Lease LESSEE shall
procure and maintain a policy or policies of property insurance in an amount acceptable
to the LESSOR 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 Lease, 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 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.
21. 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 both parties.
22. 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.
23. 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.
24. 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 GRACE CITY OUTREACH
c/o City Manager c/o Mike Kay
9
129 North 2nd Street
Yakima, WA 98901
509-575-6000
Time is of the essence of this entire Lease.
25. RECORDING. This Lease shall be recorded, pursuant to RCW 65.08.060, with the
Yakima County Auditor. LESSEE shall be responsible for recording this Lease and providing a
conformed copy to LESSOR for its records within ten (10) days of both parties signing the
Lease.
CITY OF YAKIMA GRACE CITY OUTREACH
i
By By ‘3,:, -7
Do� ;n � Mike Kay, Ci 6; d
eoc,01— '�1 pc)— { Oili
Date: te r o1,a) 2o). f ci a$r Date: a/7/ /
ATTEST: /�:' YAt.<0,4 4��1
i =SEAL iJ
By O,�dP ti 0112,0A."_ s'a i•_*' �7
Rosa inda Ibarra, City Clerk q��y.NG�� =
City Resolution No. R1 ao.Ll-I 1 SS
City Contract No. 00.y'1V ce
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, and 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 0 l4 11 1 1 309- 1
L-SeStnin.:- C
By: Sns ha-o.__c . (c-1
Notary Public for the State of Washington
10
Residing at: q a IJ-w&_
Appointment Expires -6`110-1 I abaL,
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.A.
For Meeting of: June 18, 2024
ITEM TITLE: Resolution approving the Lease Agreement and Memorandum of
Understanding between the City of Yakima and Grace City Outreach
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
Grace City Outreach currently leases property in the vicinity of South 22nd Street and East Viola, near
the City's wastewater treatment plant, for the purposes of operating Camp Hope, a temporary
emergency encampment operating under RCW 35.21.915.
The current Lease with Grace City Outreach expires on June 30, 2024. This Lease is a new lease, with
substantially the same terms as the prior lease, as amended. It has a term of two years, with the ability
to renew for six (6) additional two-year terms. Due to the cooperative project with Comprehensive
Healthcare, the actual legal parcel on which Camp Hope operates has been amended to accommodate
the Comprehensive Healthcare project. The new parcel is reflected in Exhibit 1 to the Lease. An
updated Operations Plan is attached as Exhibit 2, and an updated Site Plan is attached as Exhibit 3.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: N/A
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Res-Grace City Outreach_Lease & MOU.docx
Grace City Outreach_Lease_& MOU_2024.docx
Exh 1_Grace City Outreach Lease_Legal Description.pdf
Exh 2_Camp Hope Operations Plan 2024.docx
Exh 3_Site Plan Legend 2024.docx
Exh 3-Part 2_Key to Site Plan.png
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