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Home My WebLink AboutYakima Federal Savings and Loan Association - Shared Parking Agreement SHARED PARKING AGREEMENT City of Yakima and Yakima Federal Savings and Loan Association, Owner THIS SHARED PARKING AGREEMENT (hereafter "Agreement ") is entered into by and between the parties below for the purposes of providing additional public parking, and providing terms and conditions regarding such use. I. Recitals A. Parties: The parties to this Agreement are: 1. CITY OF YAKIMA, hereafter called "City," is a municipal corporation of the State of Washington with City Hall located at 129 North 2 Street, Yakima, Washington 98901. 2. YAKIMA FEDERAL SAVINGS AND LOAN ASSOCIATION, hereafter called "Owner," is the owner of the subject Parking Lot described below. The business office of Owner is located at: Address: 118 East Yakima Avenue Yakima, Washington, 98901 Contact Person: Billy Fetzer Phone: 509 - 248 -2634 B. Parking Lot. The subject property (and specific parking spaces subject to shared use and the terms and conditions of this Agreement) is hereafter called the "Parking Lot," and is legally described as follows: Yakima, Lots 13 -22, Block 31 1 The Parking Lot is further described in the Map attached hereto as Exhibit "A" and incorporated herein by this reference. The Parking Lot, for purposes of this Agreement, does not include the gated parking area on the property. Said Map also describes the specific parking spaces subject to shared use and the terms and conditions of this Agreement. C. Purposes of Agreement. The purposes of this Agreement are: to provide additional public parking spaces for vehicles operated by non - customers of Owner in the City's downtown core area during hours and days when Owner is not using the Parking Lot for Owner's own business purposes; to relieve traffic congestion in the streets; and to ensure the proper and uniform development of parking areas within the downtown business core area of the City. It is a further purpose of this Agreement to state agreed obligations of the parties for the operation, control and maintenance of such Parking Lot during the term of this Agreement. II. Agreement WHEREFORE, in consideration of the mutual benefits, covenants and conditions herein, the parties agree as follows: 1. License to Use Parking Lot. Owner hereby grants a license to City to allow public parking of non - customer vehicles within and upon the designated parking spaces of the Parking Lot marked in Exhibit "A," subject to the terms, conditions and limitations below. Parking Lot does not include the gated parking area on the property. 2. Term. This license and Agreement shall continue in effect for a term of two (2) years, with automatic renewals in two (2) year terms, until terminated by either party pursuant to Section 10 below. 3. Dates and Times of Permitted Public Parking Use. The public parking of vehicles shall be permitted during the days and times, including holidays, that the Owner is not conducting business. Those dates and times shall be dictated by the Owner's business schedule which may, from time to time, change. The times shall generally be limited to 5:00p.m.- 2:30a.m. on weekdays, and 7:00a.m.- 2:30a.m. on holidays and weekends (unless otherwise dictated by the Owner's business schedule. 4. Signage. Owner authorizes City to erect and maintain signs advising the public of the dates and times during which public parking is permitted in the Parking Lot, subject to Owner approval of location, placement and content. 2 5. Enforcement of Parking Restrictions. Owner shall be responsible for enforcing its normal parking restrictions during days and times the Parking Lot is reserved for Owner's exclusive use. Owner shall have authority to remove, or cause to be removed, any abandoned vehicle left in the Parking Lot without Owner's permission. City shall have the responsibility to enforce any parking restrictions applicable to other City -owned parking lots during days and times such Parking Lot is available for public parking in accordance with the terms of this Agreement. 6. Maintenance of Parking Lot. Owner retains the responsibility to maintain the Parking Lot. To compensate for increased use of the Parking Lot during times when public parking is allowed pursuant to Section 3 above, City agrees to provide street sweeping of the Parking Lot, or such portion in which parking spaces designated for public parking are authorized pursuant to Section 1 above. Such street sweeping shall occur at such times and intervals determined by the City in its sole discretion. The City shall also conduct garbage and litter patrol during the dates and times the Parking Lot is available for public parking, and dispose of such litter and garbage in an appropriate manner. The City shall not be responsible for pot hole repair or any damages associated with pot holes, or other similar structural problems with the parking area, within the parking area. 7. Permission to Access Parking Lot. Owner hereby grants permission to the City, its employees, officers and agents, to enter upon the Parking Lot to perform its duties and privileges set forth in this Agreement, including the signage and maintenance obligations described in Sections 4 and 7 above, at such times and dates deemed necessary and appropriate by City. 8. Hold Harmless. Except as expressly provided and limited in the hold harmless covenants below, the parties understand and agree that neither party intends to be held liable as the insurer of the other party or any third party for injury to any person, or damage to Owner's property, City's property, or property or vehicles of any third party. (a) City agrees to hold harmless the Owner, its officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of City, its officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. 3 (b) Owner agrees hold harmless the City, its elected officials, officers, employees, agents, and volunteers from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all judgments, awards, costs and expenses resulting from death or bodily injury to any person or damage or destruction to a third party or third parties to the extent caused by any negligent act and /or omission of Owner, its officers, employees, agents, volunteers and /or subcontractors, arising out of the performance of this Agreement. (c) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in either party or in any third party. (d) This section shall survive the term of this Agreement. 9. Insurance. (a) Owner agrees to maintain liability insurance for Owner's premises, including Parking Lot, as is standard for Owner's own business interests. (b) City will cause the Parking Lot, or portion thereof subject to the terms and conditions of this Agreement, to be covered by City's existing liability insurance policies to the same extent that such policies apply to City -owned parking lots within the City during the times and days of the permitted parking use, as outlined in Section 3 above. The City shall have no liability for any activities or damages arising from any use of the Parking Lot during any other time. (c) Upon request, either party may request proof of insurance coverage maintained by the other party on the Parking Lot property. 10. Termination of Agreement. This Agreement may be terminated by any of the following means: (a) This Agreement shall terminate upon sale of the Owner's property, including the Parking Lot, to a third party, unless the new owner agrees in writing by assignment to be bound by the terms of this Agreement. (b) This Agreement and the license herein may be terminated by either party upon delivery of written notice of termination to the other party at least thirty (30) days prior to the effective date of termination. 4 (c) This Agreement may be terminated immediately at any time pursuant to mutual written agreement of the parties. Upon termination, the City will remove all signage erected pursuant to Section 4, and all other duties and rights of each party under this Agreement shall terminate, except for the Hold Harmless obligations under Section 8 concerning claims arising out of events that occurred during the term of this Agreement, which provisions shall survive the termination of this Agreement. 11. Amendment - Assignment. This Agreement may be amended at any time by the parties, which amendment shall be in writing signed by both parties. This Agreement shall not be assigned except upon prior written approval of the other party, which approval shall not be unreasonably withheld. 12. Entire Agreement. This Agreement constitutes the entire agreement of the parties regarding the subject matter and purposes stated herein. 13. Governing Law - Venue. This Agreement shall be construed for all purposes in accordance with the laws of the State of Washington, and venue for any action to apply, interpret or enforce this Agreement shall lie in Yakima County, Washington. 14. Effective Date. This Agreement shall be effective upon the date executed by the last party to sign below. CITY OF YAKIMA: OWNER: Name: Yakima Federal S Assn d,t901,- By: !9� - ✓i /O Jeff t • Inte im City Manager Print Na e: (BillyFetzer Date: 62 de( U p Date: June 28 72016 ATTEST: By: av ,;„;/ ��r- C Eo n'Name: Leanne Antonio Date: June 28, 2016 Sonya Claa ee, City Clerk } "': Il i , v I bi s e , CITY CONTRACT NO: i0/6 . /d , kv 1 RESOLUTION NO: h j4 5 EX -NA 1% I 4 -'14vC- ' A FEC'ee4 -L City of Yakima - Geographic Information Scrviccs • - -• c' { . - : r T. a/ 1 ,fi 1, • 0 r ♦ a y e ice . j 0. " < ;� r • a r 0 ,' • x ,mac r ;*' , . i . ....„ ...,1,1!,.t : . e' .,:l. .. . ... ...A . ; ; Ii. ' 4 . ''' ' . ' • ' I W . t. 4 r . 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