HomeMy WebLinkAboutR-2024-136 Resolution approving Lease Agreement and Memorandum of Understanding with Comprehensive Healthcare for lease of City- owned property RESOLUTION NO. R-2024-136
A RESOLUTION approving the Lease Agreement and Memorandum of Understanding
Between the City of Yakima and Comprehensive Healthcare.
WHEREAS, on or about September 18, 2023, the City, Grace City Outreach, and
Comprehensive Healthcare entered into a Memorandum of Understanding regarding mental
health and other clinical services for people utilizing the resources at Camp Hope temporary
emergency shelter; and
WHEREAS, as part of that Memorandum of Understanding the City agreed to create a
new parcel for which Comprehensive Healthcare could lease for the clinic space, and comply with
grant requirements for Comprehensive Healthcare to have site control of a site for its mental
health clinic; and
WHEREAS, the City created a new parcel adjacent to the currently-leased property with
Grace City Outreach for Comprehensive Healthcare to lease for its proposed clinic; and
WHEREAS, the City and Comprehensive Healthcare both have additional obligations and
steps that need to be taken before a clinic can be permitted on the property, which are outlined
in the Memorandum of Understanding which is not superseded by this Lease; and
WHEREAS, if the requirements for finalizing the clinic and allowing the use on the property
are not fulfilled, the Lease provides for termination by either party; and
WEHREAS, the City Council finds that it is 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 Comprehensive Healthcare for the lease of City-owned property; 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 Between the City of Yakima and Comprehensive Healthcare for the lease of city-owned
property for use as a clinic adjacent to the Camp Hope temporary homeless encampment.
ADOPTED BY THE CITY COUNCIL this 16th day of July, 2024.
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Rosalinda Ibarra, City Clerk ‘�SNINGI°
LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
COMPREHENSIVE HEALTH CARE
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Comprehensive
Health Care, a Washington State non-profit corporation providing behavior health care services
to people, including residents of Yakima (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 to provide health care
services, including behavioral health services, to people experiencing homelessness and those
utilizing the services offered at Camp Hope,
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:
That portion of Tract 40 of GOODWIN'S FIVE ACRE TRACTS, according to the
official plat thereof, recorded in Volume "A" of Plats, Page 18, records of Yakima
County, Washington, described as follows:
Beginning at the Southwest corner of said Tract 40; thence North 0°15'41" East,
along the West line thereof 67.59 feet to the True Point of Beginning; thence South
89°42'44" East 80.05 feet; thence North 0°15'41" East 238.88 feet; thence North
89°41'14" West 80.00 feet to said West line; thence South 0°15'41" West, along
said West line, a distance of 236.12 feet to the True Point of Beginning.
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.
2. TERM. The tenancy created by this Lease shall commence on July 1, 2024, and continue
for a period of approximately fifteen years until June 30, 2039, unless otherwise terminated
as provided for herein.
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 health care and behavioral
health care clinic and provide such and other relevant 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. LESSEE agrees to use the property as allowed in its development permit.
Notwithstanding the foregoing, in the event that LESSOR'S application for rezone of the
Property remains pending when this Lease becomes effective, LESSEE may place and
install its facility(ies) and conduct activities on the Property that are within the scope of
activities described in RCW 35.21.915. After the LESSOR'S application for rezone of the
Property is processed, and if the rezoning ordinance of the Property becomes effective,
Comprehensive may use the Property for purposes outside those allowed under RCW
35.21.915 which are approved through its development permit.
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 utilities,
including, but not limited to, electricity, water and wastewater charges, at no charge to
LESSOR.
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.
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.
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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.
10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good
a condition as the condition of the premises as of the first date LESSEE began use of the
premises. 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 leased premises. 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 within the leased premises and weed control on
the Property.
11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved
in writing by LESSOR. Fencing and site screening shall be in accordance with
LESSEE"s development permit.
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 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.
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.
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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. 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.
17. INDEMNITY/DUTY TO DEFEND.
A. At no cost to LESSOR, LESSEE agrees to release, indemnify, defend, and hold
harmless the City of Yakima, its elected and appointed officials, officers, employees,
agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses,
damages, and expenses related to all claims, suits, arbitration actions, investigations,
and regulatory or other governmental proceedings arising from or in connection with this
Lease or the acts, failures to act, errors or omissions of the LESSEE, or any of
LESSEE's agent(s) or subcontractor(s), in performance of this Agreement, except for
claims caused by the City's sole negligence.
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.
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D. Industrial Insurance Act Waiver. It is specifically and expressly understood that
the LESSEE waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
LESSEE's indemnification shall not be limited in any way by any limitation on the amount
of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs.
LESSEE shall require that its subcontractors, and anyone directly or indirectly employed
or hired by LESSEE, and anyone for whose acts LESSEE may be liable in connection
with its performance of this Lease, comply with the terms of this paragraph, waive any
immunity granted under Title 51 RCW, and assume all potential liability for actions
brought by their respective employees. The Parties acknowledge that they have mutually
negotiated this waiver.
E. Nothing in this section is intended to create any liability or right of indemnification
in any third party.
F. The terms of this section shall survive any expiration or termination of this Lease.
18. DEFAULT, TERMINATION & FORFEITURE.
A. Early Termination.
(1) This Lease shall terminate automatically in the event of either: (a) the
LESSOR'S application to rezone the Property is withdrawn, discontinued,
denied or otherwise not approved; or (b) LESSEE conducts activities on the
Property that fall outside of RCW 35.21.915 prior to the effective date of the
rezone ordinance affecting the Property.
(2) The Lease may be terminated by LESSEE, at LESSEE'S option, if the rezone
ordinance affecting the Property is not effective by or before December 31,
2024.
(3) The Lease may be terminated by LESSEE, at LESSEE'S option, if the
LESSEE'S development application for office and clinic use is not approved by
the appropriate administrative officer by or before December 31, 2024.
(4) The Lease may be terminated by LESSEE, at LESSEE'S option, in the event
that a Lease with Grace City Outreach for the property depicted as"Grace City
Outreach Property" on the drawing marked Exhibit 1 is terminated or expires
without renewal prior to June 30, 2039.
B. 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
5
LESSEE at the address below or such other address as the parties may advise each other
in writing.
C. Either party may terminate this Lease,for any reason or without cause, upon ninety
(90) calendar days' written notice.
D. 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.
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.
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B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall
provide the City with a certificate of insurance and additional insured
endorsements as proof of commercial liability insurance with a minimum liability
limit of Two Million Dollars ($2,000,000.00) per occurrence, combined single limit
bodily injury and property damage, and Two Million Dollars ($2,000,000.00)
general aggregate. If LESSEE carries higher coverage limits, such limits shall be
shown on the Certificate of Insurance and Endorsements and the City, its elected
and appointed officials, employees, agents, attorneys and volunteers shall be
named as additional insureds for such higher limits. The certificate shall clearly
state who the provider is, the coverage amount, the policy number, and when the
policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Lease. The certificate of insurance and additional insured
endorsements shall name the City of Yakima, its elected and appointed officials,
employees, agents, attorneys and volunteers as additional insureds, and shall
contain a clause that the insurer will not cancel or change the insurance without
first giving the City prior written notice. 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 requirements contained herein, as well as City of
Yakima's review or acceptance of insurance maintained by LESSEE is not
intended to and shall not in any manner limit or qualify the liabilities or obligations
assumed by LESSEE under this contract.
C. Automobile Insurance. On or before the effective date of this Lease, LESSEE shall
provide the City with a certificate of insurance as proof of automobile liability insurance
with a minimum liability limit of Two Million Dollars ($2,000,000.00) per occurrence. If
LESSEE carries higher coverage limits, such limits shall be shown on the Certificate of
Insurance and Endorsements and the City, its elected and appointed officials, employees,
agents, attorneys and volunteers shall be named as additional insureds for such higher
limits. The certificate shall clearly state who the provider is, the coverage amount, the
policy number, and when the policy and provisions provided are in effect. Said policy shall
be in effect for the duration of this Lease The certificate of insurance and additional
insured endorsements shall name the City of Yakima, its elected and appointed officials,
employees, agents, attorneys and volunteers as additional insureds, and shall contain a
clause that the insurer will not cancel or change the insurance without first giving the City
prior written notice. 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
requirements contained herein, as well as City of Yakima's review or acceptance of
insurance maintained by LESSEE is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by LESSEE under this Lease. The business
auto liability shall include Hired and Non-Owned coverage if necessary.
D. Employer's Liability (Stop Gap)
LESSEE and all subcontractor(s) shall at all times comply with all applicable
workers' compensation, occupational disease, and occupational health and safety
laws, statutes, and regulations to the full extent applicable, and shall maintain
Employer's Liability insurance with a limit of no less than $1,000,000.00. The City
shall not be held responsible in any way for claims filed by LESSEE or its
7
employees for services performed under the terms of this Lease. LESSEE agrees
to assume full liability for all claims arising from this Lease including claims
resulting from negligent acts of all subcontractor(s). LESSEE is responsible to
ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)
to comply with insurance requirements does not limit LESSEE'S liability or
responsibility.
E. Professional Liability
LESSEE shall provide evidence of Professional Liability insurance covering
professional errors and omissions. LESSEE shall provide the City with a certificate
of insurance as proof of professional liability insurance with a minimum liability limit
of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury
and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The
certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. The insurance
shall be with an insurance company or companies rated A-VII or higher in Best's
Guide. If the policy is written on a claims made basis the coverage will continue in
force for an additional two years after the completion of this Lease. If insurance is
on a claims made form, its retroactive date, and that of all subsequent renewals,
shall be no later than the effective date of this Lease.
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 COMPREHENSIVE HEALTH CARE
do City Manager do CEO
129 North 2nd Street 402 South 4th Avenue
8
Yakima, WA 98901 Yakima, WA 98902
509-575-6000 509-575-4024
Time is of the essence of this entire Lease.
25. INSPECTION AND RETENTION OF RECORDS
A The records relating to this Lease shall, at all times, be subject to inspection by
and with the approval of the City, but the making of(or failure or delay in making) such
inspection or approval shall not relieve LESSEE of responsibility for complying with this
Lease, notwithstanding the City's knowledge of defective or non-complying performance,
its substantiality or the ease of its discovery. LESSEE shall provide the City sufficient,
safe, and proper facilities, and/or send copies of the requested documents to the
City. LESSEE's records relating to the Lease will be provided to the City upon the City's
request.
B. LESSEE shall promptly furnish the City with such information and records which
are related to this Lease as may be requested by the City. Until the expiration of six (6)
years after final payment of the compensation payable under this Lease, or for a longer
period if required by law or by the Washington Secretary of State's record retention
schedule, LESSEE shall retain and provide the City access to (and the City shall have
the right to examine, audit and copy) all of LESSEE's books, documents, papers and
records which are related to this Lease. If any litigation, claim, or audit is started before
the expiration of the six-year period, the records shall be retained until all litigation,
claims, or audit findings involving the records have been resolved.
B. All records relating to LESSEE's services under this Lease must be made
available to the City, and the records relating to the Lease may be required to be
produced to third parties, pursuant to the Washington State Public Records Act, Chapter
42.56 RCW, or by law. All records relating to this Lease must be retained by LESSEE
for the minimum period of time required pursuant to the Washington Secretary of State's
records retention schedule.
C. The terms of this section shall survive any expiration or termination of this Lease.
26. 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 COMPREHENSIVE HEALTH CARE
By By
Dave Za e I, Int im nager Jo i Dal , CEO
Date: J ) Da
' 2'1-1-1
ATTEST: CITY CONTRACT NO: 123
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RESOLUTION NO: R`(311,0 43 W
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000,AKltij "I1
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By
Rosal da Ibarra, City Clerk `\\\NG.Cpr`
City Resolution No. b-y' 13(D
City Contract No. a c1-I a3
STATE OF WASHINGTON
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that dod1 L41y , the
( of Comprehensive Health Care, 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
-.141,144./ist) 4144 6,ve/v1 •
MELINDA K SOLLY-BRYAN By: ma ftit4 K. SoL4y rijakt,
I Notary Public Notary Public for the Stare of Washington
State of Washington Residing at: Yak:6M c W4
Commission#52773
My Comm. Expires Nov 17, 2024 Appointment Expires I
STATE OF WASHINGTON )
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that Dave Zabell signed this instrument,
on oath stated that they were authorized to execute the instrument and acknowledged it
10
as the Interim City 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: JLL-L'
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.B.
For Meeting of: July 16, 2024
ITEM TITLE: Resolution approving Lease Agreement and Memorandum of
Understanding with Comprehensive Healthcare for lease of City-
owned property
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
Comprehensive Healthcare seeks to operate a clinic on property adjacent to Camp Hope. Obtaining site
control through this Lease is required to obtain the state funding for the project. The facility will not open
as a clinic until the necessary zoning actions are taken, but the Lease provides CHC site control so that it
can order the shipping containers that will be fabricated into the building and place them on-site.
The City is currently undertaking the necessary steps to rezone the property and amend the City's
comprehensive plan to change the zoning to General Commercial. A medical clinic is an allowed use in
the General Commercial zone. The only activities contemplated by the parties at the clinic are clinical
activities. This project does not provide additional temporary housing for people experiencing
homelessness, only clinical services, assuming the property is rezoned and the development permit is
granted.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: N/A
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Res-Comprehensive Healthcare_Lease & MOU.docx
Lease_City & Comprehensive Healthcare.pdf
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