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HomeMy WebLinkAboutSaint Andrews Presbyterian Church - Vehicle Parking Agreement VEHICLE PARKING AGREEMENT BETWEEN CITY OF YAKIMA AND SAINT ANDREWS PRESBYTERIAN CHURCH THIS VEHICLE PARKING AGREEMENT is executed on the 5 day of 2024, between the CITY OF YAKIMA, hereinafter referred to as "CITY," and SAINT ANDREWS PRESBYTERIAN CHURCH, hereinafter referred to as "LESSEE." WITNESSETH: WHEREAS, the City of Yakima owns land at 210 North 3rd Street in Yakima which consists of a parking lot; and WHEREAS, the CITY has available parking spaces in the lot located at 210 North 3rd Street for lease to LESSEE as provided by the terms and conditions of this Agreement for the purpose of LESSEE parking vehicles on said property; and WHEREAS, the CITY agrees to provide parking spaces to LESSEE for parking, and LESSEE agrees to the terms and conditions of this Agreement to use the property for parking; NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. PREMISES: CITY does hereby agree to make available a portion of CITY's parking lot located at 210 North 3rd Street, Yakima, Washington, 98901 in the City of Yakima, to LESSEE to park vehicles. The portion of the parking lot where LESSEE leases spaces, and that is subject to this Agreement is depicted in yellow on the drawing marked Exhibit "A" attached hereto and by this reference made a part hereof, together with the right of ingress to and egress from the parking lot and the public use areas/facilities used in connection therewith, consisting of two Northernmost rows of parking totaling 22 parking spaces. LESSEE may, at any time hereafter, and at its own expense, provide a legal description of the designated portion of the parking lot that is subject to this Agreement and such description shall become a part of this vehicle parking agreement. No other parking stalls or areas may be used by LESSEE. 2. TERM: The term of this Agreement shall commence on September 1, 2024 and end on December 31, 2024, after which this Agreement shall automatically become a month-to-month Agreement to lease parking spaces and associated property. The monthly term shall automatically be extended unless notice is given that the Lease is terminated as outlined in Section 11. 3. RENT: LESSEE promises and agrees to pay the following as rent for the use of the Premises on or before the 1st day of each month: Twenty-two (22) vehicle parking spaces--$440.00/month total rent plus tax. Parking permits are subject to sales tax. As of the date of this Agreement, the sales tax is 8.3% of the rent paid for the property. With tax, the monthly rent for the 22 parking spaces totals $476.52 as of the date of this Agreement. This amount is subject to change during the Agreement. 4. USE: The premises subject to this Agreement shall be used solely for parking passenger vehicles. All vehicles shall be parked properly within the parking spaces provided. All vehicles shall have current registration and tabs. No oversized vehicles may be parked in the parking spaces provided. No recreational vehicles may be parked in the parking spaces provided. No overnight parking or camping is allowed at any time in the parking spaces provided. Any improper parking in the parking spaces provided may result in termination of this Agreement. The intent of this Agreement is to allow the use of parking spaces during LESSEE's hours of operation. 5. SIGNAGE AND ENFORCEMENT: LESSEE shall, at its sole cost, provide signs indicating that the parking spaces subject to this Agreement are for the sole use of LESSEE. All proposed signs must first be approved by CITY. If approved, CITY shall determine appropriate placement of the signs, and the signs may be placed by LESSEE at its own cost and expense. LESSEE is responsible for all enforcement of signed parking spaces. CITY will not coordinate or conduct enforcement activities on the parking spaces leased under this Agreement, but nothing herein precludes the CITY from enforcing any law or ordinance. Any enforcement will not interfere with the CITY's use or operation of the remaining parking spaces in the lot. In addition to the Indemnification provisions in Section 10 of this Agreement, 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 enforcement regarding the use of the parking spaces by unauthorized vehicles or vehicles that violate the terms and conditions of this Agreement, or the acts, failures to act, errors or omissions of LESSEE, or any of LESSEE'S agents, employees, invitees, guests, volunteers, or subcontractors, in performance of enforcement activities. 6. CONDITION AND MAINTENANCE OF PARKING LOT: LESSEE has made a full inspection of the premises, is fully aware of its condition and accepts the premises on an "As-Is" basis. CITY will maintain the parking lot premises subject to this Agreement in the regular course of maintenance of all CITY parking lots. CITY does not agree to prioritize maintenance of the parking lot premises used by LESSEE. Maintenance does not include regular snow plowing, although the CITY may plow the parking lot premises subject to this Agreement during its regular snow plowing schedule. LESSEE understands and agrees that CITY is not responsible for snow plowing as part of this Agreement. LESSEE shall maintain the portions of the parking lot subject to this Agreement, as depicted on Exhibit 1, free from dirt, rubbish, garbage, oils, litter, weeds and vegetation and debris. 7. INSURANCE: LESSEE shall file with CITY a certificate of insurance and additional insured endorsement, or other proof of insurance acceptable to CITY, meeting the requirements of this section. Failure of the CITY to demand such verification of coverage with these insurance requirements or failure of the CITY to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of LESSEE's obligation to maintain such insurance. Insurance shall provide the following coverage: Commercial Liability Insurance. Before this Agreement is fully executed by the parties, LESSEE shall provide the CITY with a certificate of insurance 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 the 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 Agreement. The policy shall name the City of Yakima, its elected and appointed officials, officers, 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 the 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 Agreement. 8. DAMAGE OR DESTRUCTION: In the event of damage or destruction of the Premises described in paragraph 1, or any other CITY real or personal property caused by LESSEE or its employees, guests, invitees, volunteers, or agents, LESSEE shall repair, reconstruct, or replace the damaged or affected property to the condition which existed prior to such damage or destruction, and do so with due diligence. If LESSEE fails to repair such damage within a reasonable time, the CITY may repair such damage and invoice LESSEE for the cost, which LESSEE shall pay within thirty (30) days of receipt. 9. IMPROVEMENTS: No improvements are contemplated by this Agreement. LESSEE shall make no improvements to the premises subject to this Agreement without prior written consent of CITY. Any improvements approved by CITY and completed by LESSEE shall become part of the property and revert to CITY upon termination of this Agreement. 10.INDEMNIFICATION: A. 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 Agreement or the acts, failures to act, errors or omissions of LESSEE, or any of LESSEE'S agents, employees, invitees, guests, volunteers, or subcontractors, in performance of this Agreement, except for claims caused by the City's sole negligence. B. LESSEE shall release, indemnify, defend, and hold harmless the City of Yakima, and its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses, including attorneys' fees incidental to the investigation and defense thereof, resulting from, arising out of, or caused by LESSEE resulting in any liability under the Federal Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. 9601 et.seq.; the Hazardous Materials Transportation Act, 49 U.S.C. 1801 et.seq.; the 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 State Environmental Policy Act, RCW Chapter 43.21C; the Washington State Water Pollution Control Act, RCW Chapter 90.48; the Model Toxic Control Act, RCW Chapter 70.105D; and any of the regulations promulgated thereunder for any of the above-referenced laws; or under any applicable local, state, or federal environmental ordinance, statute, law, rule, or regulation. C. The provisions of this Section shall survive the termination of this Agreement. 11.TERMINATION A. Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effective unless the other party is given: (1) not less than five (5) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. B. During the initial term of the Agreement, CITY may terminate this Agreement for its convenience, in whole or in part, by giving LESSEE not less than sixty (60) calendar days, or more, written notice, delivered by certified mail, return receipt requested, of intent to terminate. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. C. In addition to termination under subsection A and B of this Section, after the initial four-month term of the Agreement, CITY may terminate this Agreement for its convenience, in whole or in part, provided LESSEE is given not less than twenty (20) calendar days, or more, written notice delivered by certified mail, return receipt requested, of intent to terminate preceding the end of any month. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. D. If CITY terminates for default on the part of LESSEE, an adjustment in the monthly lease payment shall be made to reflect a prorated allocation of the monthly rent based upon the total number of days LESSEE was permitted to use the parking spaces prior to termination. 12.SECURITY: CITY does not provide security patrols in or around the parking lot premises subject to this Agreement. In the event LESSEE requires security patrols from a private contractor, LESSEE shall first have that private contractor approved by CITY. If approved, LESSEE shall not charge or transfer any costs associated with the security contract to CITY. CITY is not responsible for any theft, damages, and/or destruction of vehicles while they are parked or operating on the property subject to this Agreement. 13.RIGHT OF ENTRY: The parties agree that CITY can enter upon the premises subject to this Agreement at any reasonable time to make inspections, conduct maintenance, or for any other operational purpose of CITY, that CITY may deem necessary or appropriate. CITY reserves the right to take any action necessary or desirable by CITY to protect CITY'S property and operations, together with the right to prevent CITY from doing any thing that, in the opinion of CITY, would limit the use of the CITY property, including the other parking spaces on the property not leased by LESSEE, or otherwise constitute a hazard or operational issue for CITY. 14.NO THIRD PARTY RIGHTS: This Agreement is entered into for the sole benefit of the parties. It shall confer no benefits or rights, direct or indirect, on any third parties. No person other than the CITY and LESSEE may rely upon or enforce any provision of this Agreement. 15.WAIVER OF BREACH: A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant, or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 16.SUBLETTING AND ASSIGNMENT: This Agreement shall not be assigned, sublet, or transferred in whole or in part by LESSEE to any other person or entity. 17.INTEGRATION AND SUPERSESSION: This document embodies the entire Agreement 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. 18.SEVERABILITY: If a court of competent jurisdiction holds any part, term or provision of this Agreement 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 Agreement did not contain the particular provision held to be invalid. 19.ADMINISTRATION: This Agreement shall be administered by the City Manager or their designee. CITY OF YAKIMA SAINT ANDREWS PRESBYTERIAN CHURCH (LESSEE) By: ictoria Baker, Cit Manager By: Craig Harris, astor 129 North 2nd Street 225 North 2nd Street Yakima, WA 98801 Yakima, VGA 98901 (509) 575-6149 Phone: 1(99 ` (IS 2 _ 2`f I° CITY CONTRACT NO. Aa RESOLUTION NO: STATE OF WASHINGTON ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that Victoria Baker signed this instrument, on oath stated that they were authorized to execute the instrument on behalf of the City of Yakima, and acknowledged it, as City Manager, as the free and voluntary act of the City of Yakima for the uses and purposes� mentioned in the instrument. `T DA pl ,his J day of ,C-�.� bk 2024. ...... Pq,7% SsiotiF�A•F'%; K a(,€-- QTARy N.. No.107265 = NOTARY PUB C in and -or th tate f c.#q PUSUC : Washington, residing at: • ?• �r5�2oz� '�o•�`� My Appointment Expires: o�Il``I DDaS' STATE OF WASHINGTON ) ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that Craig Harris signed this instrument, on oath stated that they were authorized to execute the instrument on behalf of Saint Andrews Presbyterian Church, and acknowledged it, as Pastor, as the free and voluntary act of Saint Andrews Presbyterian Church for the uses and purposes mentioned in the instrument. f f ' DATED this ! day of - v, , 2024. \\ �p, R � RF err _ 5g\ON � • Q o�-o�"RA.4`� 'NARY PUBLIC in and 142j St to of ""23oi417s = Washington, residing at: � �/ • ,„, '°0E0. ' "o= My Appointment Expires: ,%, c 7- j 0 ip 1417?Z.. 7j 9T ll "\\‘\\\``� r1 !!/r� lIO\\WASN�\\\` EXHBIT 1 Letter ANSI A Landscape a it e ;"1-4,,- \ 1 - .� a rf ` # r .. . A t. . , f..... ,,...ri ii .- i ...„-t \ ,.., / , - -` ., - 4;.- , % \ r . � . � , �.� 8/21/2024 1:862 0 0.01 0.01 0.02 mi Yakima, Washington 2021 Aerial Imagery - Green: Band 2 I r r t I , ' . ` . ' 1 - 0 0.01 0.01 0.03 km Red: Band_1 Blue: Band 3 Sources Esri,Airbus DS,USGS,NGA,NASA,CGIAR,N Robinson,NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, ® /Y DATE(MM/DDYYY)AC� /....---- CERTIFICATE OF LIABILITY INSURANCE 08/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Rachelle Wright NAME: Gress Kinney Parrish Insurance Center PHONE (509)575-0300 FAX (509)452-9870 (A/C,No,Est): (A/C,No): 2232 Goodman Road E-MAIL rachelle@gkpins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# Union Gap WA 98903 INSURER A: Western World Insurance Co INSURED INSURER B: Saint Andrew's Presbyterian INSURER C: DBA:Immanuel Classical School INSURER D: 225 N 2nd Street INSURER E: Yakima WA 98901 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2482966552 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSD wVD POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A Y NPP8988424 09/09/2023 09/09/2024 PERSONAL 8 Aov INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO Included POLICY JECT LOC PRODUCTS-COMP/OP AGG $OTHER: Stopgap $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ _ AUTOS ONLY _ AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) The City of Yakima it's elected and appointed officials,officers,employees,agents,attorneys and volunteers,are additional insured's per written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN The City of Yakima,its elected and appointed officials,officers, ACCORDANCE WITH THE POLICY PROVISIONS. 129 North 2nd Street AUTHORIZED REPRESENTATIVE Yakima WA 98902 11140.11VAi i ' e ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1ST AMENDMENT TO VEHICLE PARKING AGREEMENT BETWEEN CITY OF YAKIMA AND SAINT ANDREWS PRESBYTERIAN CHURCH THIS 1ST AMENDMENT ("Amendment") to the Vehicle Parking Agreement between the City of Yakima ("City") and Saint Andrews Presbyterian Church ("Lessee") is effective this W day of C-pir.4 "110tr",, 2024. The Amendment amends and modifies that certain Vehicle Parking Agreement ("Agreement") between the City and Lessee executed the 5th day of September, 2024. Except as expressly modified herein, the terms of the Agreement remain unchanged and in full force and effect. Any capitalized terms that are not assigned definitions herein shall have the same meaning and definition as used in the Agreement. The Agreement, at Paragraph 3 provides that the rent paid by Lessee is subject to sales tax at the rate of 8.3%. As this is a lease of specific parking spaces for 30 days or longer, the rent is instead subject to the Washington State leasehold excise tax at the rate of 12.84%. The purpose of this Amendment is modify the tax rate to provide for the appropriate rate. Any termination of the Agreement shall also have the effect of terminating this Amendment. The terms of the Agreement are modified as follows: Paragraph 1: Paragraph 3 of the Agreement is hereby replaced with the following paragraph: 3. RENT: Lessee promises and agrees to pay for following as rent for the use of the Premises on or before the 1st day of each month: Twenty-two (22) vehicle parking spaces--$440.00/month total rent plus tax. Rental of specific parking spaces for 30 days or longer are subject to the leasehold excise tax. As of the date of this Agreement, the leasehold excise tax is 12.84% of the rent paid for the property. With tax, the monthly rent for the 22 parking spaces totals $496.50 as of the date of this Agreement. This amount is subject to change during the Agreement. After the execution of the Agreement, Lessee issued a payment to the City for the month of September, 2024 in the amount of$476.52. This payment was based on an incorrect calculation of the tax due on the rent. In addition to all other amounts due under the Agreement, Lessee shall pay the City the sum of $19.98 constituting the difference between the full rent amount plus leasehold excise tax and the payment issued by lessee in September, 2024. Amendment CITY OF YAKIMA SAINT ANDREWS PRESBYTERIAN CHURCH (LESSEE) c (/ •%\._ __ By: Victoria Baker, City Manager By: Craig Ha ' , Pastor 129 North 2nd Street 0 225 North 2nd Street Yakima, WA 98901 CITY CONTRACT NC I-44/ Yakima, WA 98901 (509) 575-6040 RESOLUTION NO: N I - Phone: sd' 1 -) `' ' Z STATE OF WASHINGTON ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Victoria Baker signed this instrument, on oath stated that she is authorized to execute the instrument and acknowledged it as the 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 et 1'?110 I O 4 000111 I\-Lcif...R P;9'.,, GQ' �SSION4 -�C''� By: R. ''�—t--� o gOTAR y t'•• _ " Notary Public the State of Washington NO 107265 = Residing at: J i18L1�, Appointmentr--ti...i es r STATE OF WASHINGTON County of Yakima I certify that I know or have satisfactory evidence that Craig Harris signed this instrument, on oath stated that they are authorized to execute the instrument on behalf of Lessee and acknowledged it as the Pastor of Lessee to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date q '",)6 -- (-/ te c),.1.yi EIRG,16,_0.P ‘.:A7// ?� «Sqr, B _ NOT'�r PiNotary Publi f e tate of Washington _ —.— m — Residing at: 6�(-(�t' Vf),'•R;)144'bubo° Appointment Expires r-, ► I -- 1) (c 2 _ pp p Ho.v`'�~-4.. MOLLY I. BROWN 'i4. A IWAS�N Amendment