HomeMy WebLinkAbout10/01/2024 09.C. Resolution authorizing an Agreement with Perry Technical Institute for the Use of an Undeveloped Area of Tahoma Cemetery for Parking i4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.C.
For Meeting of: October 1, 2024
ITEM TITLE: Resolution authorizing an Agreement with Perry Technical Institute for
the Use of an Undeveloped Area of Tahoma Cemetery for Parking
SUBMITTED BY: Scott Schafer, Public Works Director
* Ken Wilkinson, Parks & Recreation Manager
Todd Lunning, Tahoma Cemetery Supervisor
SUMMARY EXPLANATION:
The Administration of Perry Technical Institute (PTI) is requesting to use a portion of the undeveloped
area at Tahoma Cemetery for overflow parking for students. PTI plans to construct a new building and
parking lot in the near future but is in need of immediate additional parking. PTI anticipates construction
to begin within two years. PTI proposes to grade the area, place ecology blocks around the area to
prevent vehicles from entering into the cemetery, add gravel to the area and provide ongoing
maintenance of the area. PTI will be required to restore the area to original condition once their
construction project has been completed.
The Lease Agreement between PTI and the City is in an amount of$1,200.00 per year to the City and
has been attached for City Council review. It includes Exhibit 1 (leased premises) and a schematic
design.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: An Engaged Yakima
RECOMMENDATION: Approve Resolution.
ATTACHMENTS:
Resolution Perry Technical Institute lease at cemetery.docx
Perry Tech lease - clean - 9.18.2024.docx
Exhibit 1.pdf
Schematic Design - 8.5.2024.pdf
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RESOLUTION NO. R-2024-
A RESOLUTION approving the Lease Agreement between the City of Yakima and Perry
Technical Institute.
WHEREAS, the City owns and operates Tahoma Cemetery, and has an unimproved
section of property at the cemetery currently not being used; and
WHEREAS, Perry Technical Institute wishes to lease the property at Tahoma Cemetery
for additional parking for the school, and the City agrees to lease said property on the terms and
conditions outlined in the Lease Agreement; and
WHEREAS, Perry Technical Institute wishes to lease the property for up to two years;
and
WHEREAS, Perry Technical Institute has additional obligations and steps that need to be
taken before a parking lot can be permitted on the property, which is outlined in the Lease
Agreement; and
WHEREAS, if the requirements for finalizing the parking lot 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 in the best interest of the City and its residents
to approve and enter into the Lease Agreement between the City and Perry Technical Institute
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 City Manager to sign the Lease Agreement
between the City of Yakima and Perry Technical Institute for the lease of city-owned property at
Tahoma Cemetery for use as a parking lot for the school.
ADOPTED BY THE CITY COUNCIL this 1st day of October, 2024.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
PERRY TECHNICAL INSTITUTE
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter"LESSOR") and Perry Technical
Institute, a Washington State non-profit educational institution (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 parking spaces
for the school,
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 section of property at
Tahoma Cemetery 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:
TAHOMA CEMETERY N1/2 NW1/4 SE1/4 NE1/4 EX CO.ROAD.
Parcel No. 181335-14002
2. TERM. The tenancy created by this Lease shall commence on September 17, 2024, and
continue for a period of two years until September 17, 2026, unless otherwise terminated
as provided for herein.
3. RENT. LESSEE promises and agrees to pay the following as rent for the use of the
Property: $1200.00 annually, plus leasehold tax, as applicable, due on or before October
5, 2024, and the second year's rent shall be due on or before October 5, 2025. In the
event this Lease is extended, rent shall be $100.00 per month, plus leasehold tax, as
applicable, and due on the 5th of each month. If this agreement is terminated before
September 17, 2026, the termination shall be effective on the termination date, and rent
shall be prorated to that date. LESSEE shall be obligated to pay rent for the period up to,
but not including, the termination date as prorated by LESSOR. LESSOR shall return to
LESSEE prepaid rent (if any),
The leasehold tax is determined by Washington State Department of Revenue. As of
the date of this Agreement, the leasehold tax is 0.1284 of the rent paid for the Property.
This amount is subject to change during the Agreement.
4. USE. LESSEE agrees to use the Property as a parking lot for Perry Technical Institute.
5. 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
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or supplementing any utilities or utility facilities. All costs for additional utilities, including
any costs for infrastructure necessary for said utilities, shall be paid by LESSEE.
LESSOR retains the right to access the storm sewer on the Property for any purpose at
any time. LESSOR will attempt to provide notice to LESSEE in the event LESSOR wishes
to access the storm sewer, but it is not required and in emergencies, no prior notice will
be given. LESSOR maintains the right to clear, for emergency repairs or construction, the
storm sewer access area being utilized by LESSEE without notice to LESSEE and without
recourse by LESSEE. LESSOR may allow its employees, agents, contractors,
subcontractors, or any third-party access to the storm sewer at any time.
6. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition.
7. PREMISES CONDITION. LESSEE has made a full inspection of the premises, is fully
aware of its condition and accepts the premises on an "AS-IS" basis.
8. 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 the
leased area and other improvements, existing and future, in an attractive and usable
manner consistent with other LESSOR property.
LESSEE is responsible for garbage removal, snow removal, and weed control within the
leased premises.
9. IMPROVEMENTS. 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 operate a parking lot. The planned
improvements and site preparations include, upon approval of the development permit:
• Spraying to mitigate existing weeds
• Vegetation removal near the sewer manhole
• Installing and compacting base layer of rock, and at least a 2" top layer of
crushed rock or aggregate for parking lot surface, acceptable to the
administrative official, so as to eliminate dust or mud. LESSEE shall
monitor the surface and provide regular dust abatement as necessary.
• Area must graded in a manner as to not allow water run off to enter the
adjoining properties and must be kept on site or run off into the cemetery
area. Standard practices must be used to keep water and silt from leaving
the designated area. E.g. silt fence. No standing water may be in the
parking area.
• Striping parking stall layout
• Installing ecology blocks around the perimeter of the parking lot to prevent
vehicle access to the cemetery, placed a minimum of 6 feet apart
• Installing access gate at parking area entrance to secure the site
afterhours. Lessee will open and close the access gate. The gate must
first be approved by LESSOR.
• Renting and operating portable lights to provide adequate lighting
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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.
10. 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 regulations concerning any fences built on premises, disabled parking stalls, and
permit fees.
11. SIGNAGE.
All proposed signs must first be approved by LESSOR. If approved, LESSOR shall
determine appropriate placement of the signs, and the signs may be placed by LESSEE
at its own cost and expense.
12. DAMAGE OR DESTRUCTION
In the event of damage or destruction of the Property, or any other LESSOR property
caused by LESSEE or its employees or agents, or its equipment, 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.
LESSOR shall not be liable to LESSEE for damage to any of LESSEE's property on the
leased premises, including, but not limited to, fire, theft, mischief, or vandalism
13. 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.
14. 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.
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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.
15. 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.
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.
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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.
16. DEFAULT, TERMINATION & FORFEITURE.
A. This Lease shall terminate automatically in the event the LESSOR'S development
permit application to use the Property as a parking lot is withdrawn, discontinued, denied
or otherwise not approved
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
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 thirty
(30) 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.
17. 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.
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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.
18. 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 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
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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 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.
19. 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.
20. 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.
21. 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.
22. 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 PERRY TECHINCAL INSTITUTE
c/o City Manager c/o President
129 North 2nd Street 2011 W. Washington Ave.
Yakima, WA 98901 Yakima, WA 98903
509-575-6000 509-453-0374
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Time is of the essence of this entire Lease.
23. 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.
24. 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 PERRY TECHNICAL INSTITUE
By By
Victoria Baker, City Manager Jason Lamiquiz, President
Date: Date:
ATTEST:
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By
Rosalinda Ibarra, City Clerk
City Resolution No.
City Contract No.
STATE OF WASHINGTON )
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that Jason Lamiquiz , the President of
Perry Technical Institute, 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
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
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 and acknowledged it 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.
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Date:
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
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Lot dimensions: 100'x 320'
Aisle width: 15' minimum
Parking stall dimensions: 9' x 20'
Total parking stalls:91
Temporary fencing and secured gate
Revised 8.5.2024
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