HomeMy WebLinkAboutR-2002-149 Larson Park Property Transfer to Yakima Valley Community College ( YVCC )RESOLUTION NO. R-2002- 149
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute a Real Property Transfer Agreement with Yakima Valley
Community College and execute a Quit Claim Deed for a portion of
the Larson Park property in favor of Yakima Valley Community
College.
WHEREAS, on December 7, 1999, the City Council of the City of Yakima passed
Resolution No. R-99-148 authorizing the sale of a portion of Larson park to YVCC for
the expansion of its campus and facilities; and
WHEREAS, in anticipation of a possible future transfer of an additional portion
of Larson Park to YVCC, the City obtained a property value appraisal, dated October
11, 2000, of $1,380,000; and
WHEREAS, on March 14, 2002, the Washington State Legislature passed
Engrossed Senate Bill 6396 and appropriated $1.25 million dollars for the development
of sports facilities and ball fields by the City of Yakima; and
WHEREAS, the City and YVCC understood that said $1.25 million dollars was
provided to the City in consideration of and in full value for the future transfer to
YVCC of that portion of Larson Park commonly and generally known as Larson Park
Field #4 and Dunbar Field; and
WHEREAS, the City of Yakima desires to deed said portion of the Larson Park
property to Yakima Valley Community College to facilitate further development of the
Higher Education Center and in accordance with the terms and conditions of the
attached Real Property Transfer Agreement; and
WHEREAS, the City Council deems it to be in the best interests of the City of
Yakima to authorize execution of said Real Property Transfer Agreement and
Quitclaim Deed for said portion of the Larson Park property to and in favor of Yakima
Valley Community College, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached and incorporated "Real Property Transfer Agreement" with
(1k)res/YVCC Quit Claim 11-21-02.rp
Yakima Valley Community College and Quit Claim Deed for a portion of the Larson
Park property in favor of Yakima Valley Community College.
ADOPTED BY THE CITY COUNCIL this 17th day of December, 2002.
24. ‘(-
�
AT 1k ST: �/'Nlary Place, Mayor
City Clerk
(lk)res/YVCC Quit Claim 11-21-02.rp
Filed at request of
and return to:
City of Yakima
Legal Department
200 South Third Street
Yakima, WA 98901
QUITCLAIM DEED
GRANTOR: CITY OF YAKIMA, a Washington municipal corporation
GRANTEE: STATE OF WASHINGTON, STATE BOARD FOR COMMUNITY AND
TECHNICAL COLLEGES, YAKIMA VALLEY COMMUNITY COLLEGE
LEGAL DESCRIPTION (abbreviated): A portion of the West 336.78 feet of the South 250 feet
of the N.W. '/4 of the S.W. 1/4 of the N.W. 1/4, AND a portion of the West 20 feet of the N.E. 1/4 of
the S.W. 1/4 of the N.W. 1/4, both in Section 25, Township 13 North, Range 18, East W.M.
Assessor's Tax Parcel I.D. 181325-23901
Reference numbers of documents released or assigned: None
THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for reasons and
considerations it deems sufficient and appropriate, hereby gives, grants, quit claims and conveys unto the
STATE OF WASHINGTON, STATE BOARD FOR COMMUNITY AND TECHNICAL COLLEGES,
YAKIMA VALLEY COMMUNITY COLLEGE, as Grantee, the following described real property
situated in Yakima, Yakima County, Washington, to wit:
The West 337.78 feet of the South 250 feet of the N.W. 1/4 of the S.W. '/4 of the N.W. 1/4 of Section
25, Township 13 North, Range 18, East W.M., EXCEPT right-of-way for S. 16th Avenue along
the West side thereof. Situate in Yakima County, Washington, AND
The West 20 feet of the N.E. 1Y4 of the S.W. 1/4 of the N.W. 1/4; and the East 288.15 feet of the N.W.
1/4 of the S.W. 1/4 of the N.W. 1/4 of Section 25, Township 13 North, Range 18, East W.M.
EXCEPT right-of-way for Arlington Street along the North side thereof. Situate in Yakima
County, Washington.
The Grantor hereby discloses that this conveyance and the whole thereof is subject to the conditions
governing and restricting the use of the real property hereby conveyed, as set forth in that certain Quit
Claim Deed dated November 10, 1937, wherein Rose B. Larson, widow of A. E. Larson, was Grantor and
the City of Yakima was Grantee, recorded under Auditor's File No. 793618 Volume 329 of Deeds, page
604, records of Yakima County, which said conditions required the Grantee City of Yakima, by its
acceptance of said Deed, forever to use said property for public park and amusement purposes only; and
the Grantee herein, by accepting this deed and conveyance, acknowledges its understanding of the foregoing
disclosure by Grantor and its recognition of the existence of the use restrictions disclosed.
ATTEST:
CITY OF YAKIMA,
a Washington municipal corporation
BY:
R. A. Zais, City Manager
g
BY: 41.qwI
Karen Roberts, City Clerk
STA I'E OF WASHINGTON )
ss.
County of Yakima )
44
On this i% day of January, 2003, before me personally appeared R. A. Zais, Jr., to me known to be the
City Manager of the City of Yakima, a Washington municipal corporation that executed the within and
foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of
said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to
execute said instrument and that the seal affixed thereto is the corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above
written.
IZ %y 'G2-C�C
nn ed Name: L /ivpy /1/A /N rS
Notary Public in a d for the State of Washington,
residing at Lm�
My commission pines
.DEC -16-02 MON 05.53 PM
PAGE 1
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY,
TRADE AND ECONOMIC DEVELOPMENT
906 Columbia St. SW • PO Box 48350 • Olympia, Washington 98504-8350 • (360) 725-3020
To: Richard A. Zais, Jr. From: Stephen H. Buxbaum (360) 725-3005
Fax: 509-576-6335 Pages: 3 (Including cover)
Phone: Date: 12/16/2002
Re: CC:
0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle
r Or -
STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADF. AND ECONOMIC DEVELOPMENT
906 Columbia .St SW • PO Box 48300 • Olympia, Washington 98504.8300 • (360) 753-2200
December 16, 2002
Mr. Richard A Zak, Jr.
City Manager
City of Yakima
129 N. 2nd Street
Yakima, Washington 98901
Dear Mr Zais:
Please review the enclosed letter I received o.tl December 9, 2002 from Senators Darlene F airley and Joe
Zarclli, regarding Contract No. 02-99400-001, which is currently in place between the city of Yakima and
the Department. of Community, Trade and ficonornic Development for the. construction of ball fields at
Kiwanis Park. This letter indicates that the legislative intent of the Yakima Ball Field appropriation was
the purchase of additional properties at Larson Park including Dunbar Field. Consequently, the contract
could be amended to include the above mentioned properties.
Any proposed amendment from the city will be reviewed for its fit within legislative intent. In addition,
any non -state funds needed to complete activities directly related to the amended scope of work must be
legally committed before our office can disburse funds in support of the new project.
In order to proceed with an amendment, please provide the following documents within thirty days: a
revised Certification of the Availability of Funds needed to complete this project, a new budget. and a
new scope of work that accurately reflects legislative intent for this appropriation.
My staff is available to assist you in this process. If you have questions, please contact Dan Aarthun at
(360) 725-3007 or via email at lana@cted.wa,gov
Sincerely,
Stephen H. Buxbaum
Managing Director
Community Development Programs
Enclosure
.:.;,,: _0 MON 05=53 PM - - = - -
-
300 John A. Cherberg Building
PO Box 40483
Olympia, WA 98504-4483
December 5, 2002
FAX:
PAGE 3
DEC 082002
rt
DEC 0 8 2002
COMMUNITY UEVEWE'MtNi iJiiiit;404UNITY DEVELOPMENT PROGRAMS
Washington State Senate
Ways and Means Committee
Steve Buxbaum
Managing Director of
Corrununity Development Programs
P O Box 48300
Olympia WA 98504
Dear Mr. Buxbaum
Phone; (360) 786.7715
FAX (360) 786-7615
Subject: $1.25 Million Dollars Appropriated to Yakima Valley
Community College for the Purchase of land at
Larson Park including Dunbar Field from the City of Yakima
The legislative intent of the above appropriation was the purchase of additional properties at
Larson Park which includes Dunbar Field.
Therefore, any contracts with the City of Yakima should expressly indicate this intent.
a P,crk1i
Senator Darlene Fairley
Capital Budget Chair
www
Sena Joe Zarcili
it • 1 Budget
Ranking Member
DEPARTMENT OF PUBLIC WORKS
- _ j" B'
PARKS & RECREATION_ DIVISION
2301 Fruitvale Blvd., Yakima, Washington 98902
Phone (509) 575-6020 • Fax (509) 575-6238
"GET INTO THE FUNSHINE WITH PARKS & RECREATION"--
"THE
ECREATIOI —"THE BENEFITS ARE ENDLESS"
November 18, 2002
Mayor Mary Place
Members of the City Council
City Manager Dick Zais
Lady and Gentlemen,
On behalf of the Yakima Parks and Recreation Commission, I write to voice our
support for the proposed transfer of the following Larson Park property to Yakima
Valley Community College:
• Dunbar Field . . for the purpose of implementing improvements in order to
provide the YVCC Women's Softball Program with a facility complementary to
that currently provided for the men at Parker Field.
• Larson Park Field #4 ... for the purpose of implementing the proposed
construction of a new structure for future expansion of the YVCC campus.
This support is founded on a desire to ensure the best possible educational and
recreational opportunities for our community and to provide an enhanced quality of
life for our current and future residents. This support is also based on a belief that
best efforts should also be directed toward a search for additional funds for the
completion of new softball fields at Kiwanis Park.
It is our expectation that the long-standing cooperative spirit of the various Larson
Park ball fields user groups will endure. Larson Park has served as home fields for
not only Yakima Parks and Recreations softball programs and YVCC's Women's
Softball Program but teams from Eisenhower and Davis High Schools as well. It is
important for all of these teams to continue to use these fields as long as possible so
that replacements can be secured. It is particularly important to this Commission that
the City's Sports and Athletic Service Unit continue to operate its softball leagues
Athletics 575-6020 • Aquatics 575-6046 • Community Enrichment 575-6020 • Fisher Golf Course 575-6075
• Park Maintenance 575-6020 • Senior Citizen Center 575-6166 • Tahoma Cemetery 575-6026
Yakima
''life
1994
and tournaments at a level commensurate with past usage until new facilities clan he
completed and become operational at Kiwanis Park.
We expect that all parties will preserve and maintain Dunbar Field as a historic
element in Yakima's long tradition of sports and athletics and will maintain the
passive park property to the east of the ball fields for the neighborhood and other
visitors The Commission encourages Yakima Valley Community College to design
improvements and additions that are supportive of open park space and to
aggressively develop a strategy for future growth opportunities beyond existing park
property
The Parks and Recreation Commission commends the spirit of athletic fairness and
educational opportunity expansion exhibited in YVCC's request for this additional
property anri rernmmenric the Yakima City pprove the transfer of Larson
Park's Dunbar Field and Field #4 to the college.
Respectfully yours,
Michael R. Nixon, Chairman
Yakima Parks and Recreation Commission
DEC 09 02 (MON) 11 14 JEM DEVELOPMENT
12/09/2002 09:13 FAX
300 John A. Clhrrhr.rg Building
PO 11ox 40483
Olympia, WA 98504-048.3
December 5, 2002
509 457 6361 __ ,PAGE 1/1
'1'U DICI< ?AIS
FAX 57n-035.
Washington State
Ways and Means Committee
Steve Buxbaum
Managing Director of
Community Development Programs
P 0 Box 48300
Olympia WA 98504
Dear Mr. l3uxbaum:
RE rvpD
C Ty OF yA,:; AA
DEC v 6 2002
!CP OF CrTy
Phone: (360) 786-7715
PAX (360) 786-7615
Subject: $1.25 Million Dollars Appropriated to Yakima Valley
Community College :for the Purchase of. Land at
Larson. Park including Dunbar Field from the City of Yakima
The legislative intent oldie above appropriation was the purchase of additional properties at
Larson Park which includes Dunbar Field.
Therefore, any contracts with the City of Yakima should expressly indicate this inlent.
MJF-P---�-- �
Senator Darlene Fairl.ey
Capital Budget Chair
Sena .Toe Zarell.i
itl Budget
Ranking Member
December 9, 2002
1C"c'���rr_
`� sa 1..4. �.i .. yam,
DEC 1 _i 2002
Madam Mayor and Members of the Yakima City Council
We understand that the Council plans to act on a resolution to sell
Larson Park softball fields to Yakima Valley Community College at the
regular Council meeting on Tuesday, December 17.
We support the sale of Dunbar Field to the College at this time, if the
sale includes a binding covenant that requires the continuing community use
of the area as a recreational facility, consistent with the original agreement
as required by A.E. Larson, the donor of the land to the City of Yakima.
Mr. Larson donated the Larson Park land to the City for recreational
and entertainment use. We feel that the City Council should feel obligated
to honor that original agreement. A waiver obtained by the YVCC
Foundation should not prevent the Council from doing that.
We are aware through contact with Daryl Parker that he released
covenants on this property with the understanding that the college had to
have it for the construction of the Higher Education Center. Mr. Parker also
expressed his concern when informed that his agreement might be used for
reasons other than what he intended.
We support the sale of Dunbar Field to YVCC because the college
plans to improve the facility for women's softball and make it available for
high school and community use. We do not support the sale of diamonds #3
and #4 because the college plans non -recreational use, buildings and parking
lots, for that land.
We ask that the Council reject the sale of diamonds #3 and #4, or at
least table action to provide opportunity for more community comment
before making a decision.
Our reasons for taking this position are too many and extensive to
cover in this letter, or in a five minute presentation. Stated as kindly as
possible, the one hearing on the issue was inadequate. A continuation of that
2.
3.
4.
5.
hearing before you make a decision on diamonds #3 and #4 would be in the
best interests of everyone concerned, including the Council.
Thank you for giving this your serious consideration. itllUI.
Sincerely,
Interested Citizens
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 0
For Meeting Of 11/26/02
ITEM TITLE: Resolution Authorizing Property Transfer between City of
Yakima and Yakima Valley Community College
SUBMITTED BY: Glenn Rice, Assistant City Manager
CONTACT PERSON/ TELEPHONE: Glenn Rice, 575-6040
SUMMARY EXPLANATION: City staff, together with college officials, and Senator
Deccio, propose to transfer Dunbar Field and Larson Park Field #4 to Yakima Valley
Community College (YVCC). This is in keeping with the commitment of earlier funds
secured during the 2002 legislative session for expansion of Kiwanis Park with proper
credit assigned to the Larson Park/YVCC Project. Please see attached report for
further details.
Resolution Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source '\\
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve Resolution and authorize the City
Manager to sign appropriate transfer documents at closing.
BOARD/ COMMISSION RECOMMENDATION:
COUNCIL ACTION: Public Hearing held and closed; action continued to 12-17-02.
Larson Park Ball Fields
History
In late 1999, Yakima Valley Community College (YVCC) purchased a portion of Larson
Park from the City of Yakima for use as a building site for a new Higher Education
Center. The city retained the three remaining softball fields adjacent to the college,
which equals approximately 6 9 acres.
The college, high schools and the adult softball leagues use these softball fields; however,
these fields are substandard for today's level of play. It would be in the community's
best interest to transfer this property for future expansion needs at YVCC.
Kiwanis Park Project
The City recently acquired 10 acres adjacent to Kiwanis Park through a partnership with
the Rotary, Kiwanis, and Lions Clubs of Yakima. The property acquisition phase of
Kiwanis Park is complete and development of this park has commenced as funds have
become available. From the sale of portions of Larson Park to the College, Yakima has
sufficient funds to relocate the tennis courts to Kissel Park and establish one new ball
field at Kiwanis Park.
Benefits
The sale of property at Larson Park will provide several benefits for new development at
Kiwanis Park. The benefits include:
• Creating new jobs for the community with the establishment of an expanded and
modern sports complex;
• Enhancing a blighted neighborhood through open green space;
• Increasing commercial opportunities along I-82;
• Generating ongoing tounsm dollars through tournaments, leagues and special
events;
• Stimulating economic development for the City;
• Providing a state-of-the-art softball facility for the citizens of Yakima; and
• Allowing for long-term growth for the community college which currently is land
locked.
Update
YVCC now needs additional property to accommodate its growing student population.
YVCC has adopted a facilities master plan for its current and future development. This
plan includes the new Higher Education Center and parking lot, as well as retention of
Dunbar Field and the construction of two new buildings along 16th Avenue on what is
now a part of the City's remaining Larson Park. The current neighborhood park at the
NE corner of 12th and Arlington remains a public facility as "Larson Park."
11/21/2002
Financial Considerations
Based upon property appraisals, replacement costs for the remaining three hall fieldc and
site improvements for traffic adjustments at 16th and Arlington and 16th and Nob Hill
Boulevard, our original estimate to complete this entire project was $4,305,975. The site
improvements were abandoned due to lack of State funding reducing our total project
estimated cost and value to $3,555,000. In using this figure as a baseline, the City sold to
the State of Washington in December of 1999, portions of Larson Park where the tennis
courts were located, part of the property underneath the college gymnasium and lot #4 of
Larson Park Field together with an access drive for $970,000. The State, through YVCC,
also paid the City $1,530,000 for the replacement of athletic and associated facilities at
r,
Larson Park. The total of these two figures is $2,500,000.
In an effort to help the City secure additional funds for the further development of
Kiwanis Park, our 14th District Legislative delegation in 2002 led by Senator Deccio
sponsored and secured via mobs bill, an additional $1,250,000. These additional funds
received by the City for Kiwanis Park development are directly connected to the YVCC
expansion and appropriate credit is due. The remaining three ball fields at Larson Park
that were not onginally purchased were reappraised by Tim Vining on September 19,
2002. It is his opinion that the three remaining parcels, together with their improvements
(299,557 square feet) have a market value of $1,380,000. When the 2002 legislative
appropriation is deducted ($1,250,000) from the remaining value of Larson Park
($1,380,000) then YVCC is within $130,000 of satisfying its final requirements for
purchase of all remaining ball fields.
Title 9
This fall, YVCC together with other community colleges in the State of Washington,
were questioned and claims filed by interested parties to require additional and
complementary facilities for women's sports equal to what is offered for men. If Dunbar
field is transferred to YVCC, that field can be improved through the community college
funding system to meet their Title 9 requirements, and insure that this ball field would be
retained by YVCC as long as it offers men's sports at Parker Field.
YVCC Facility Replacement
Within the rules of the community college system, new structures cannot be added unless
it can be proven that real estate is available and the need is justified. YVCC is in
desperate need for replacement of old structures and expansion of facilities to a new
location on the campus. The acquisition of the ball field west of the new Higher
Education Center parking lot (Larson Park field #4) would meet that need. This site
would allow a new structure to replace either Glenn or Anthon Halls, as well as retain
portions of Sundquist Hall for future storage and maintenance needs at YVCC.
11/21/2002
Conclusion and Recommendation
After discussing these issues with Senator Deccio, President Kaminski, and Vice
Presidents Judge and Tollefson, it is our recommendation the City deed Dunbar Field and
Larson Park field #4, located west of the Higher Education Center's parking lot to
YVCC. For the present, the City would retain Larson Park field #3 at the SW corner of
Arlington and South 16th for the purpose of securing the remaining $130,000 due from
the State for acquisition. In addition, retaining this field allows the City and YVCC,
along with the assistance of Senator Deccio and Representatives Skinner and Clements to
secure the balance of funding for Kiwanis Park. According to current estimates,
approximately $850,000 is necessary, in addition to the S130,000 due from YVCC. The
combined priority effort for YVCC and the City as the acquisition will help the College
complete its master plan real estate needs and the City to complete Kiwanis Park for
future tourism and neighborhood needs. Agreements between YVCC and the City, prior
to property transfer, will permit the continued use of the existing ball fields for Parks
purposes with mutually agreed transfers of field operation when needed.
3
11/21/2002
Larson Park
City/Yakima Valley Community College
Original Estimate/Appraisal Appraisal of Remaining Property
Property $ 970,000 (1999)
improvements 1,530,000 (1999)
Total Value 2,500,000 $1,380,000 = $3,880,000
2002 — Jobs Bill
Funds for Acquisition
4
1,250,000 3,750,000
($130,000)
DUNS AR FIELD/LARSON PARK NO. 4
LEGAL DESCRIPTION
The West 337.78 feet of the South 250 feet of the Northwest quarter. of the Southwest
quarter. of the Northwest quarter of Section 25. Township 13 North. Range 18. East
W.M.. as measured perpendicular to and parallel with the South and East lines thereof;
EXCEPT right-of-way for South 16`'' Avenue along the West side thereof.
Situate in the County of Yakima, State of Washington.
The West 20 feet of the Northeast quarter. of the Southwest quarter. of the Northwest
quarter as measured perpendicular to and parallel with the South and West lines thereof;
and the East 288.15 feet of the Northwest quarter. of the Southwest quarter, of the
Northwest quarter of Section 25. Township 13 North, Range 18. East W.M.. as measured
perpendicular to and parallel with the South and East lines thereof
EXCEPT right-of-way for Arlington Street along the North side thereof.
Situate in the County of Yakima, State of Washington.
REAL PROPERTY TRANSFER AGREEMENT
THIS REAL PROPERTY TRANSFER AGREEMENT ("Agreement") is entered
into by and between the City of Yakima, a municipal corporation ("City"), and the
State of Washington, State Board for Community and Technical Colleges, Yakima
Valley Community College, acting through the Department of General
Administration ("YVCC").
WHEREAS, on March 14, 2002, the Washington State Legislature passed
Engrossed Senate Bill 6396 and appropriated $1.25 million dollars for the
development of sports facilities and ball fields by the City of Yakima.
WHEREAS, it was understood that said $1.25 million dollars was provided to
the City in consideration of and in full value for the future transfer to YVCC of that
portion of Larson Park commonly and generally known as Larson Park Field #4 and
Dunbar Field.
WHEREAS, the City now desires to transfer said real property to YVCC in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the City
and YVCC as follows:
1. Transfer of Real Property. In consideration of receiving the aforesaid
$1.25 million dollars for the development of sports facilities and ball fields and as
full value for, the City hereby agrees to transfer to YVCC certain real property in
Yakima, Yakima County, Washington, legally described on Exhibit "A," attached
hereto and hereby made a part hereof, together with all of the City's right, title, and
interest in and to the buildings, improvements, appurtenances, and fixtures located
thereon. The real property and all improvements attached thereto shall collectively
be referred to as the "Property."
2. "As Is Condition". After having the opportunity to inspect the
Property, YVCC understands and agrees that the property is being conveyed by the
City, in its current "as -is" condition, with no representations or warranties of any
kind whatsoever.
3. Title / Title Insurance. City agrees to execute and deliver on the date
of closing a Quitclaim Deed to the subject property free and clear of all
encumbrances except those which are acceptable to YVCC. YVCC shall notify City
of any objection to the title on or before December 3, 2002. If City is unwilling to
cure said exceptions, then YVCC may terminate this Agreement.
lk\agree\yvcc purchase and sale.pm Page 1 of 9
4. Date of Closing. For purposes of this Agreement the "closing" shall
have occurred when all appropriate documents are recorded, all closing costs and
expenses have been paid, and the City has executed and delivered a Quitclaim Deed
for the Property in fa‘v'or of VT%('!'
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5. Closing Costs. YVCC shall pay any and all closing costs and expenses
in connection with this transaction, including but not limited to the following:
a. Fees for recording of the Quitclaim Deed; and
b. Real property taxes which shall be prorated with YVCC paying
the portion accruing for the period after the date of closing, if
applicable. The state of Washington is real estate tax exempt;
c. All utilities such as electricity, water, gas, oil, and real estate
property taxes which shall be prorated to the date of closing;
d. All real estate excise taxes or transfer taxes due on conveyance, if
any;
e. Title insurance premium or abstract fee and sales tax thereon, if
any; and
f. Any special assessments, L.I.D. assessments and R.I.D.
assessments that are levied against the Property at the time of
closing.
6. YVCC's Title Information. Unless otherwise notified by YVCC in
writing prior to the date of closing, the City shall convey the Property to YVCC
named as follows:
State of Washington, State Board for Community and Technical
Colleges, Yakima Valley Community College
7. Transfer of Possession of Property to YVCC. YVCC shall have the right
to take possession of the Property on the date the Quitclaim Deed for the Property is
executed by the City in favor of YVCC.
8. Governmental Approval. If the approval of any governmental agency
is required for the sale of the Property, it is understood and agreed that this
agreement is subject to obtaining such approval. YVCC shall, at YVCC's expense,
use best efforts and take all steps necessary to obtain such governmental approval.
The closing date shall be extended for such period as may be required to obtain such
nnrnva1
\agree\yvcc purchase and sale.pm Page 2 of 9
9. Use of Property by City.
a. YVCC shall allow the City to reasonably utilize that portion of the
Property commonly known as Dunbar Field for parks and recreation purposes (i.e.,
use by softball teams). The City must coordinate and schedule said use with
appropriate YVCC representatives. YVCC may deny such use when it conflicts with
use of Dunbar Field for YVCC activities and/ or programs.
b. YVCC shall allow the City to reasonably utilize that portion of the
Property commonly known as Larson Park Field #4 for parks and recreation
purposes (i.e., use by softball teams) until YVCC obtains a City of Yakima building
permit for construction of a building or June 30, 2003, whichever occurs first. The
City must coordinate and schedule said use with appropriate YVCC representatives.
YVCC may deny such use when it conflicts with use of Field #4 for YVCC activities
and/ or programs.
10. Legal Relations.
a. YVCC agrees to be responsible for any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's
fees) which result from or arise out of the negligence of YVCC, its officials, officers,
employees, and agents in connection with or incidental to the performance or non-
performance of the terms and conditions of this Agreement, including but not
limited to the use of the Property by YVCC.
b. City agrees to be responsible for any and all suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees)
which result from or arise out of the negligence of the City, its officers, elected
officials, employees, and agents in connection with or incidental to the performance
or non-performance of terms and conditions of this Agreement, including but not
limited to the use of the Property by the City pursuant to Section 8 of this
Agreement.
c. In the event that the officials, officers, agents, and/ or employees of both
YVCC and City are negligent, each party shall be liable for its contributory share of
negligence for any resulting suits, actions, claims, liability, damages, judgments,
costs and expenses (including reasonable attorney's fees).
d. Nothing contained in this Section or this Agreement shall be construed to
create a liability or a right of indemnification in any third party.
11. Non -Foreign Affidavit. City is not a foreign person as the term is used
and defined in Section 1445 of the Internal Revenue Code, as amended, and the
regulations promulgated thereunder. The City shall, upon request of YVCC,
complete an affidavit to that effect.
lk\agree\yvcc purchase and sale.pm Page 3 of 9
12. Successors and Assigns. Subject to the provisions of Section 22, this
Agreement shall be binding upon and inure to the benefit of the parties hereto, their
successors, and assigns.
13. Assignment. YVCC shall not transfer or assign this Agreement, or any
interest therein, without the consent in writing of the City, and it is agreed that any
such transfer or assignment, whether voluntary, by operation of law or otherwise,
without such consent in writing, shall be absolutely void and shall, at the option of
the City, terminate this Agreement.
14. Time is of the Essence. Time is of the essence in the performance of
any obligations pursuant to this Agreement. No failure of either party to insist upon
the strict performance of the other party's obligation hereunder shall constitute a
waiver of strict performance thereafter of all of the other party's obligation
hereunder.
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. Severability. If any portion of this Agreement is changed per
mutual agreement or any portion is held invalid, the remainder of this
Agreement shall remain in full force and effect.
17. Notices. Any notices required or permitted to be given under this
Agreement shall be in writing and personally served or sent by certified mail, return
receipt requested, postage prepaid, addressed as follows or to such other address as
may be designated by either party:
City: City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
YVCC: Vice President
Yakima Valley Community College
1015 South 16th Avenue
Yakima, WA 98902
Any notice given pursuant to this Agreement shall be deemed effective the day it is
personally delivered or three (3) business days after the date it is deposited with the
United States Postal Service.
1k\ agree\ yvcc purchase and sale.pm Page 4 of 9
18. Drafting of the Agreement. Both the City and YVCC have participated
in the drafting of this Agreement. As such, it is agreed by the parties that the
general contract rule of law that ambiguities in the contract language shall be
construed against the drafter of a contract shall have no application to any legal
proceeding, arbitration and/ or action in which this Agreement and its terms and
conditions are being interpreted and/or enforced.
19. Entire Agreement. All understandings and agreements previously
existing between the parties, if any, are merged into this Agreement, which alone
fully and completely expresses their agreement, and the same is entered into after
full investigation, neither party relying upon any statement or representation made
by the other not embodied herein. This Agreement may not be changed or
terminated orally.
20. Law Governing. This Agreement shall be governed in all respects by
the laws of the State of Washington.
21. Venue. The venue for any action to enforce or interpret this
Agreement shall lie in the Superior Court of Washington for Yakima County,
Washington.
22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same Agreement.
23. Filing of Agreement. A copy of this Agreement shall be filed by the
City with the Yakima County Auditor's Office pursuant to RCW 39.34.040.
lk\agree\yvcc purchase and sale.pm Page 5 of 9
IN WITNESS WHEREOF, THIS AGREEMENT has been made, signed and
sealed by the parties hereto this day of , 2002.
YVCC:
State of Washington, State Board for
Community and Technical Colleges,
Yakima Valley Community College
By:
Mark L. Lahaie, Manager,
Real Estate Group,
Division of Real Estate Services
L)y.
Robert A. Bippert,
Assistant Director,
Division of Real Estate Services
APPROVED AS TO FORM:
fatp'
By:
Attorney General
CITY:
City of Yakima,
a municipal corporation
By:
R. A. Zais, Jr.
City Manager
Attest:
(Seal)
City Clerk
lk\agree\yvcc purchase and sale.pm Page 6 of 9
STATE OF WASHINGTON
) ss
County of )
On this day of , 2002, before me personally appeared R.
A. Zais, Jr., to me known to be the City Manager of the municipal corporation that
executed the within and foregoing instrument and acknowledged the said
instrument to be the free and voluntary act and deed of said municipal corporation,
for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument and that the seal affixed thereto is the
corporate seal of said corporation.
In Witness Whereof I have hereunto set my hand and affixed my official seal
the day and year first above written.
Printed Name:
Notary Public in and for the State of
Washington, residing at
My commission expires
STATE OF WASHINGTON)
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this day of
, 2002, personally appeared before me MARK L. LAHAIE, Real
Estate Group, Division of Real Estate Services, Department of General
Administration, State of Washington, to me known to be the individual described in
and who executed the within instrument, and acknowledged that he signed and
sealed the same as the free and voluntary act and deed of the Department, for the
purposes and uses therein mentioned, and on oath stated that he was duly
authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal
the day and year first above written.
Printed Name:
Notary Public in and for the State of
Washington, residing at
My commission expires
lk\agree\yvcc purchase and sale.pm Page 7 of 9
STA" OF WASHINGTON)
) ss.
County of Thurston )
I, the undersigned, a Notary Public, do hereby certify that on this day of
2002, personally appeared before me ROBERT A. BIPPERT,
Assistant Director, Division of Real Estate Services, Department of General
Administration, State of Washington, to me known to be the individual described in
and who executed the within instrument, and acknowledged that he signed and
sealed the same as the free and voluntary act and deed of the Department, for the
purposes and uses therein mentioned, and on oath stated that he was duly
authorized to execute said document.
In Witness Whereof I have hereunto set my hand and affixed my official seal
the day and year first above written.
'Printed Name:
ame:
Notary Public in and for the State of
Washington, residing at
My commission expires
lk\ agree \ yvcc purchase and sale.pm Page 8 of 9
EXHIBIT A
The West 337.78 feet of the South 250 feet of the N.W. 1/4 of the S.W. 1/4 of
the N.W. 1/4 of Section 25, Township 13 North, Range 18, East W.M.,
EXCEPT right-of-way for S. 16th Avenue along the West side thereof.
Situate in Yakima County, Washington, AND
The West 20. feet of the N.E. 1/4 of the S.W. 1/4 of the N.W. 1/4; and the East
288.15 feet of the N.W. 1/4 of the S.W. 1/4 of the N.W. 1/4 of Section 25,
Township 13 North, Range 18, East W.M. EXCEPT right-of-way for
Arlington Street along the North side thereof. Situate in Yakima County,
Washington.
lk\agree\yvcc purchase and sale.pm Page 9 of 9
City of Yakima
YVCC
Futures
Purchased December
1999
Transfer to YVCC
2002
Scale —1 in = 300ft
City of Yakima, Washington
October 31, 2002
•
it of Yakim :
Yakima Valley Community College
Facilities M Plan — Planned Deve.lopment
1 1 -Y fiLl
C�'�- �4.�.-ems,--_•
Jim Scoggins
4603 Conestoga Blvd.
Yakima, WA 98908
Yakima City Council
129 N. Second Street
Yakima, WA 98901
To the Council:
Yakima Valley Community College has a problem of Title IX compliance because the
facility its women's softball team uses, Dunbar Field, is poorly maintained and needs
extensive renovation to make it reasonably comparable to Parker Field, where the baseball
team plays. The City of Yakima has a problem because it owns a facility, Dunbar Field,
that is not a high -enough priority to spend its limited funds on.
The answer, both YVCC and the City Council agree, is to sell Dunbar Field to the college,
so it can go ahead with the renovation and maintenance it is being ordered by federal
authorities to do. But in the process, YVCC also wants the city to sell it Field 4, a softball
field near the center of the campus's 16th Avenue streetfront. YVCC has no Title IX
reason for this, and the city has no reason to sell it. After the proposed sale, the city would
still own Field 3, on the northwest comer of Larson Park, and would still have to do
maintenance there, so why not maintain Field 4 as well? The college says it eventually
intends to purchase Field 3 too, when it has the funds.
Why does the college want Field 4 right now? The map of its "20 -year plan" shows a
"Future Building A" on the northwest corner and Future Buildings B and C in the Field 4 area.
Except for Dunbar Field, the rest of that quarter of Larson Park is expanded parking lot.
Until the college gets around to those future buildings, it could be expected to continue its
efforts to pave over everything it can, and Field 4 would become a parking lot in short
order. You don't think so? Remember that the college's current administration has already
made attempts, one right after the other, to turn both Parker Field and Dunbar Field into
parking lots.
it needs to be recognized that YVCC's 20 -year plan includes no activity fields whatsoever
except for the two ballparks, Parker and Dunbar, that it has been forced to retain because of
community outcry and federal equity requirements. At no time during this "planning" was
any input sought from the college's physical education or athletic departments or from its
Advisory Committee on PE and Athletics or from community people with interests in those
areas. YVCC offers less PE activity than any other comparable community college in the
state. Only a handful of urban campuses offer as little as YVCC does. With prodding from
the college's PE and athletics advisory committee, on which I serve, some grudging
progress has been made toward getting some of those programs back. But if soccer and
flag football and other outdoor activities are restored, for PE or intramurals, where would
they be played? Playing them regularly in the outfields of Parker and Dunbar fields would
ruin those facilities.
So it is of great importance that the City Council consider the effects of this decision, both
on this longtime greenspace and on community efforts to reign in a temporary college
administration that seems to see no value in physical education or outdoor physical activity.
The only logical place for those activities, now or in the future, is in the area of Fields 3 and 4.
It is in the interests of the college and the city to sell Dunbar Field to YVCC, but it should be
done only with a covenant that says the Dunbar site will remain a softball field. When and if
the city sells Field 4 or Field 3, that should also have a covenant honoring the original intent
of the Larson and Parker families at the time they gave this property to the city, that it be
used "for public park and amusement purposes only." When i talked to Daryl Parker a few
years ado, he was interested in seeing this land maintained for _ _bona
this land maintained �ui� i►a�� >cu I @ireclUUl !dt purposes. And
although he has been cooperative in adjusting those covenants in the best interests of this
community, I doubt that he's fully aware of the irreversible harm the currently proposed
changes will do. I trust that the City Council also has good intentions, but it must be careful
in dealing with a college whose agenda at any particular time may not be in the community's
best interests.
Dunbar Field is the only deal that needs to be done now, and the college is under federal
pressure to do it soon and to do it right. The city has leverage now that it will never have
again to force this passing college administration to make a long-term commitment.
Sincerely,
Jim Scoggins
/l-ZG,-o .1
S149 kl-ti Gt.
11/27/02
REMARKS TO THE YAKIMA CITY COUNCIL RE:
TRANSFER OF LARSON PARK PROPERTY TO YAKIMA VALLEY COMMUNITY COLLEGE
WILLIAM D. FALLER
2207 BARGE ST.
YAKIMA, WA. 98902
509-457-6528
MADAM MAYOR, MEMBERS OF THE COUNCIL
MY NAME IS BILL FALLER. MY ADDRESS IS 2207 BARGE STREET, YAKIMA
THANK YOU FOR THIS OPPORTUNITY TO BE HEARD REGARDING THE TRANSFER OF LARSON
PARK SOFTBALL FIELDS TO YAKIMA VALLEY COMMUNITY COLLEGE.
I JOINED THE YAKIMA JUNIOR COLLEGE FACULTY IN 1961 AND I RETIRED FROM YVC IN
1987. DURING THOSE 26 YEARS, I TAUGHT HEALTH AND PHYSICAL EDUCATION CLASSES,
COACHED VARSITY FOOTBALL AND BASEBALL, SERVED AS CHAIR OF THE DIVISION, AND
FOR TWELVE YEARS WAS THE DIRECTOR OF ATHLETICS.
I TAUGHT PHYSICAL EDUCATION CLASSES AND CONDUCTED VARSITY FOOTBALL PRACTICES
IN LARSON PARK AND AS THE DIVISION CHAIR AND ATHLETIC DIRECTOR, I COORDINATED
WITH THE DIRECTOR OF THE CITY PARK DEPARTMENT FOR THE RECIPROCAL USE OF LARSON
PARK AND SHERAR GYMNASIUM. BECAUSE LARSON PARK WAS CLOSE AND AVAILABLE,
THE COLLEGE NEVER FELT A NEED FOR ITS OWN OUTDOOR RECREATIONAL AND PHYSICAL
ACTIVITY SPACE I WAS ALSO INVOLVED IN THE EARLY AGREEMENTS BETWEEN THE
COLLEGE AND YAKIMA YOUTH BASEBALL FOR THE JOINT USE OF PARKER FIELD.
FOR THE PAST TWO YEARS, I HAVE BEEN A MEMBER OF THE ADVISORY COMMI I"IEE FOR
PHYSICAL EDUCATION AND ATHLETICS AT YAKIMA VALLEY COMMUNITY COI.T.FGE
I AM NOT SPEAKING FOR THAT COMMITTEE TODAY . BUT I WILL MENTION THAT IN MAY,
2001, THE COMMITTEE MADE A RECOMMENDATION TO THE COLLEGE ADMINISTRATION
THAT THE COLLEGE ADD VARSITY SOCCER PROGRAMS FOR WOMEN AND MEN AS SOON AS
POSSIBLE. THIS INCLUDED THE RECOMMENDATION THAT THE COLLEGE INITIATE
NEGOTIATIONS WITH THE CITY FOR THE DEVELOPMENT OF A LARSON PARK SOCCER FIELD ,
WHILE KEEPING SOFTBALL FIELDS #3 AND #4.
I MENTION THIS BECAUSE YVCC STILL NEEDS FIELDS #3 AND #4 AS WELL AS DUNBAR FIELD
FOR SPORTS AND RECREATIONAL ACTIVITY. THE COLLEGE SHOULD BE OFFERING VARSITY
SOCCER PROGRAMS TO ACCOMMODATE THE INTERESTS OF HIGH SCHOOL GRADUATES FROM
THIS AREA. IT IS NOT LIKELY TO HAPPEN IF LARSON PARK IS NOT AVAILABLE FOR SUCH USE.
I AM HERE TODAY AS A PERSON WHO HAS ALWAYS HAD A STRONG BELIEF IN THE NEED FOR,
AND VALUE OF, PHYSICAL ACTIVITY AND RECREATION IN EVERYONE'S LIVES.
I DON'T LIKE THE IDEA OF CONVERTING GREEN SPACE AND RECREATIONAL FIELDS INTO
ASPHALT AND BUILDINGS. I BET 1 F VEI�-IAT THE CITY SHOULD BE DEVELOPING MORE
RECREATIONAL FIELDS AND CERTAINLY NOT BE G1 V ING UP ONE OF ITS MOST HEAVILY USED
SPORTS COMPLEXES.
I FAVOR THE TRANSFER OF DUNBAR FIELD TO THE COLLEGE BECAUSE I UNDERSTAND THAT
THE COLLEGE DOES PLAN TO ThaROVE IT AS A WOMEN'S SOFTBALL FACILITY FOR THE
COLLEGE AND THE COMMUNITY. WITH COMMUNITY INVOLVEMENT IT CAN BECOME A
FACILITY FOR WOMEN'S SOFTBALL COMPARABLE TO PARKER FIELD.
I HAVE RESERVATIONS ABOUT THE TRANSFER OF FIELD #'1 TO THE COLLEGE BECAUSE I
UNDERSTAND THAT THE COLLEGE PLANS TO USE THIS SPACE FOR BUILDINGS AND PARKING..
ALSO, I UNDERSTAND THAT, LIKE PARKER FIELD, LARSON PARK WAS DEEDED TO THE CITY
WITH THE S FII ULATION THAT IT BE USED FOR RECREATIONAL PURPOSES.,
WHEN THE CITY TURNED PARKER FIET Ai OVER TO THE SCHOOL DISTRICT, THAT S IIPULATION
WENT WITH IT, AND IT WAS CON?' HUED WHEN THE SCHOOL DISTRICT DEEDED PARKER FIST 1)
TO THE COLLEGE.
I BELIEVE THAT THE COUNCIL HAS A RESPONSIBILITY TO HONOR THE TERMS OF THE
ORIGINAL AGREEMENT FOR THE USE OF THIS LAND. I ALSO BELIEVE THAT THE COUNCIL
SHOULD FEEL A NEED TO PROVIDE MORE SPACE FOR YOUTH ACTIVITY, AND NOT SELL OFF
PLAY FIELDS WHEN WE DON'T HAVE ENOUGH NOW TO MEET THE DEMAND.
FINALLY, 1 WOULD LIKE TO REMI NI'D. I E COUNCIL THAT PARKER FMT WOOD BE A
PARKING LOT TODAY IF THIS COLLEGE ADMINISTRATION HAD BEEN ABLE TO CARRY OUT ITS
DESIRE A FEW YEARS AGO. REMEMBER ALSO, THAT THIS COLLEGE ADMINISTRATION HAS
ALREADY TRIED TO TURN DUNBAR FIELD INTO A BUILDING SITE
FOR THESE REASONS, MY REQUEST TO THE COUNCIL IS THIS: THAT THE TRANSFER OF
DUBAR FIELD TO THE COLLEGE BE DONE WITH THE S 1 WPULATION THAT IT BE USED FOR
RECREATIONAL PURPOSES ONLY, CONSISTENT WITH THE ORIGINAL LAND USE AGREEMENT.
AS FOR FIELDS #3 AND #4, I SEE NO REASON FOR EITHER TO BE DEEDED 10 THE COLLEGE AT
THIS TIME. THE PLAN FOR FUTURE BUILDINGS ON THIS LAND IS A "PIE IN THE SKY" VISION
FOR MANY YEARS DOWN THE ROAD. IN THE MEANTIME , THE CITY AND COLLEGE CAN
CONTINUE TO WORK TOGETHER WITH A RECIPROCAL AGREEMENT FOR JOINT USE OF THE
TOTAL AREA .
IF FIELDS #3 AND #4 ARE TRANSFERRED TO THE COLLEGE, IT SHOULD ONLY, BE DONE WITH
A PROVISION CONSISTENT WITH THE ORIGINAL AGREEMENT; RECREATIONAL USE ONLY!
YAKIMA PUBLIC
/r9 SCHOOLS
Yakima City Council
129 No. 2nd Street
Yakima, WA 98901
November 25, 2002
Council members,
-3&.z`ez' F
104 N. FOURTH AVENUE
YAKIMA, WASHINGTON 98902-2698
(509) 573-7000
The Yakima Parks Department and the Yakima School District have maintained a
joint use of facilities agreement (see attached) for many years. Shared resources are
normally used with little or no fees required. The Yakima School District pays a
reduced hourly rate for usage of Lions pool.
Over the past twenty five (25) years, the Yakima School District has depended on the
joint use of facilities agreement with the Parks and Recreation Department to
provide a venue for the softball teams of Davis and Eisenhower High School and
Franklin Middle School. During that time, we have conducted practices, league
games and hosted post season play at the Larson Park facility. Currently, Davis High
School does not have an on -campus softball facility and Eisenhower High School
has two on -campus practice fields. Franklin Middle School has limited softball
facilities and uses Larson Park for practices and games during the fall season.
Presently, the Yakima School District is studying the facility needs of the district. A
facility study committee was commissioned over a year ago by the Yakima School
Board of Directors. This committee, will present their recommendation to the
Yakima School Board very soon. One of the areas of focus is to provide a quality
softball venue for each high school. Obviously, this recommendation, if approved,
will take several years to complete.
On behalf of the Yakima School District, I encourage you to include in your
agreement with the college a covenant that will allow the Yakima School District
continued usage of the Larson Park softball facility for the next ten years.
Thank you for cons.dering my request, and thank you for your commitment to the
Yakima commun
Don L. Erickson
Athletic Director
Yakima Public Schools
cc: Benjamin A. Soria, Superintendent, Yakima Public Schools
Dr. Jack Irion, Deputy Superintendent, Yakima Public Schools
We're the closest thing to home.
RESOLUTION NO. U- iii 73
A RESOLUTION authorizing and directing the City Manager and City
Clerk of the City of Yakima to execute a Joint
Facilities Agreement with Yakima School District
No. 7.
WHEREAS, the City of Yakima and Yakima School District No.
7 each use facilities owned by the other for recreational pur-
poses, and the City and school district desire to arrange for
the orderly scheduling. administration and use of those facili-
ties as provided by the attached agreement document, and
WHEREAS, the parties presently jointly use the Lions Park
swimming pool according to a Joint Operations Agreement for
Lions Pool Between the City of Yakima and Yakima School District
No. 7, which agreement is to be terminated and superseded by
the attached Joint Facilities Agreement, and
WHEREAS, the City Council deems it to be in the best interests
of the City that the attached Joint Facilities Agreement be exe-
cuted by the City for the purpose mentioned above, and that the
existing Joint Operations Agreement for Lions Pool Between the
City of Yakima andYakima School District No. 7 be terminated, all
as provided by this resolution, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of the City of Yakima are
hereby authorized and directed to execute an agreement with Yakima
School District No. 7 for the purpose mentioned above, a copy of
which agreement. entitled "Joint Facilities Agreement^. is attached
hereto and by reference made a part hereof; provided. this resolu-
tion shall be effective only on the execution by an authorized
official of Yakima School District No. 7 of the Acknowledgment of
Termination subjoined to this resolution.
ADOPTED BY THE CITY COUNCIL this /y°C' day of
ATTEST:
is/ IRIS i!TZENBERGER
City Clerk
AVc` 1979.
Mayor
JOINT FACILITIES AGREEMENT
This agreement is executed by and between YAKIMA
SCHOOL DISTRICT 17 '(the •District' herein) and the CITY OF rIAKIMA,
WASHINGTON (the •City" herein) for the uses and purposes herein
described.
I. PURPOSE
1.1 The City and District each own land and buildings
of which the other has need. For example, the City operates a Parks
Recreation Program which involves, among other things, baseball and
basketball which require the use of District -owned school play-
grounds and gymnasiums. The District offers several recreational
programs to school-age youngsters which require the use of
City -owned tennis courts and parks.
1.2 The boundaries of the parties are nearly
contiguous and their constituents are essentially the sane. Rather
than embark upon a detailed accounting of the precise costs incurred
by each party in providing facilities to the other, the parties
agree that the reciprocal use of each other's facilities are of
essentially equal value and the public is best served by this agree-
ment, encouraging public use of their (public) facilities.
1.3 The purpose of this agreement is to describe the
basis for the, joint use of the described facilities. The parties
agree to maximum cooperation in sharing their facilities, within the
guidelines herewith described. It is agreed that these guidelines
will be followed and that compliance herewith is an essential
element of the mutual consideration for this agreement.
1.4 This contract is authorized by RCW 39.34; the
•Interlocal Cooperation Act."
1.5 The parties agree that each will provide the
other six (6) months written notice of intent to terminate this
contract. Otherwise, the term of this contract is indefinite.
II. FACILITIES
2.1 The City -owned facilities which are to be
included herein are listed as Exhibit "A,• attached hereto.
(List all park playgrounds, tennis courts, etc.)
2.2 The District -owned facilities which are to be
included herein are listed in Exhibit •B," attached hereto.
(List the school grounds and gymnasiums, etc.)
III. ADMINISTRATION
3.1 The parties agree that this contract shall be
implemented by a Joint Operations Committee, which shall consist of
the City Parks Director and School Business Manager and two other
representatives from each agency appointed by them.
3.2 The Committee shall coordinate the relationship
between the parties and shall, where appropriate, adopt written
guidelines for that purpose, including appropriate rules for
facility use. Included in those guidelines shall be specific
written procedures for scheduling use of facilities and written 4/ -
understandings as to the priority for use.
- 1 -
Val 1058 1381
3.3 The Committee shall, to the extent possible,
engage in long-range planning for facilities and programs coming
within the ambit of this agreement.
3.4 The Committee shall carefully review and monitor
the budget impact of this agreement upon both parties and shall
provide specific budget recommendations to the City Manager and the
Superintendent of Schools, on or before March 1, of each year.
13.5 No later than May 15 of each year, the Committee
shall report in writing to the School Board and ^a
concerning the activities carried out during this agreementjduring
the previous year.
IV. FINANCING
4.1 The parties intend, to the greatest possible
extent, to coordinate budgeting for programs and facilities impacted
by this contract. The parties understand that each has its own
financial responsibilities and budget requirements. However,
recognizing those limitations, the parties hope to avoid unnecessary
duplication of recreational programs and avoid overlapping of
facilities use.
4.2 Should either party require a substantial change
in budget, which would affect its performance under this agreement,
it is agreed to provide the other with six (6) months advance
notice
of such change. A shorter time may be allowed only with mutual
consent.
4.3 Any supplemental agreement requiring monetary
exchange will be by separate letter of agreement signed by both
parties.
V. SUPERVISION, INDEMNITY AND INSURANCE
5.1. The party using the other's facility is herein
described as the user. The owner of the facility is described as
the `owner."
5.2 The owner will be responsible for the maintenance
and operation of the facility, including provisions for utilities
and necessary custodial care. However, in its capacity as user,
each party agrees to return the facility to the owner in the same
condition it enjoyed before the use, except normal wear and tear.
Responsibility for breakage or damage rests with the user as does
liability for payment therefor. The user may be permitted use of
the owner's equipment (such as volleyball nets or tumbling sults)
under conditions to be agreed upon. Damage to equipment shall also
be the responsibility of the user.
5.3 Full responsibility for supervision of the
activity and use rests with the user, unless otherwise agreed to.
In its role as user, each party agrees to defend, indemnify and hold
the other party harmless from any and all liability, of any nature
or description, arising out of the facility use, unless otherwise
expressly agreed to in writing.
5.4 Each provide to the other
hall
insurance, satisfactory torthy
esowner, covering the liabilitydence of
described in paragraphs 5.2 and 5.3, in amounts to be agreed upon.
- 2 -
OFFICIAL MOM
stt 1058 1382
VI. MODIFICATION
6.1 The parties agree that any agreed changes in this
contract shall be in writing.
DATED: B' Ing Qn , 1979
.tO.C.:22...QITTYOF YAKIMA,
HA jtINGTON
SY:i1S"...N7/, V�
.1;!. 7.: City Manager
• 'ATTFJST•:'7`•`'•:o`Y iv
`
"t.2.tyc.Ler
O
YAKIMA SCpppL DISTRICT #7
SY: /f/(�c�%� s �� Pi--
Superintendent
Ch, iraan of the Board (j
- 3 -
OFFICKNECCIEG
let 1058 1383
November 22, 2002
FROM: Jerry S. Ward
A /\/\ 1. T "1 /th
/+V7 N. JO Ave.
Yakima, Wa. 98902
SUBJECT: Larson Park Property to YVCC
Dear Members of the Yakima City Council:
` 1 .li-_ J C
UC.):9 Y+1'1 P
ega
e v Ate`
.it-,. \. •k,',y
NOVZ62002
GFF,CE OF C",TY C_.,, ,
I wish to share my opinions about the pending sale of two softball fields in Larson
Park to YVCC. Though I joined the faculty at YVCC in 1968 and have served as
Director of Physical Education, Athletics, and Recreation since 1982, my comments to
you are as a concerned taxpayer and NOT as a spokesperson for the college. My
opinions do not reflect the position of the YVCC administration regarding this issue.
I am in support of YVCC's acquisition of Dunbar Field. However, I am opposed
to the future plans which YVCC has proposed for the eventual elimination of fields #3
and #4. Please find attached the "Yakima Conceptual Design" (a rendering) of YVCC's
plan for this area (which I believe the Council has seen). In looking at the plan, one
question (of mean-) would seem to be, "if Antho Glen, and Palmer Halls are to be
l yl �
replaced, why not rebuild in the same location instead of building out into the playing
field areas?" If funding becomes available from the state for a new YVCC building, why
not consider building "up" three or four stories rather than expand into Larson Park?
DUNBAR: There is no reason that YVCC cannot build partnerships in the community
just as strong as that between YVCC and Yakima Youth Baseball. Dunbar can be
developed to equal the Parker complex as the home of the YVCC softball team, and stili
serve corrirriunity softball programs. Like Parker Field, Dunbar would be secured,
maintained and used on a space available scheduling basis.
HEALTH: Hardly a day or week goes by that we are not hearing and reading about
societies deteriorating and poor health habits; obesity is at an epidemic level; life
expectancy has increased while quality of life had decreased; and the technology boom
contributes more and more to a sedentary lifestyle. I suggest that our city leaders, in
1
concert with the YVCC Trustees, give more consideration about this decision that could
easily contribute to our community needlessly losing facilities that provide space for
teaching and practicing health education. Personally, I find it extremely paradoxical that
YVCC can subscribe to a leadership role throughout the region in the training of such
health professionals as Nurses, x-ray technicians, and dentists while at the same time
eliminating a required physical education program in 1993 and the now contemplated
removal of activity fields. Even the casual observer of YVCC programs over the past 15
years cannot escape the basic de-emphasizing of the entire area of physical education,
sports and recreation at the college.
ECONOMIC DEVELOPMENT: The City of Yakima has recognized the economic
benefits to Yakima from sports activities via support to the Yakima Sports Commission.
The sports community has proven to be a major player in the economic development
efforts of this community, ranging from the many activities coming to the Sundome,
AAU programs, Springfest, and the list goes on. With the city and college working as a
team, there is an opportunity for Larson Park to not only continue as a beautiful
neighborhood park, but become an improved sports complex for softball, soccer, little
league baseball and youth camps. The development of the Kiwanis area by the city
should be an addition to our Park facilities, not a replacement for Larson.
MISSION: The missions of YVCC and the City of Yakima need not be mutually
exclusive. In fact there should be strong similarities when it comes to the Larson Park
upgrades. Since the early 1960's when Sherar Gymnasium was constructed, the college
and Yakima Parks and Recreation have had a strong working relationship in the shared
use of sports facilities. The partnership was strengthened in the 1980's with the Yakima
School District becoming more involved with the addition of softball to their sports
programs. YVCC, YSD, and Yakima Parks have common programs and services, which
will be dramatically altered if the Larson Park fields are removed. Why not build on
these partnerships rather than eliminate them?
2
In conclusion, if the City decides to sell portions of Larson Park to YVCC, I
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that the recreational and sports field integrity of Larson Park are maintained in
perpetuity.
YVCC does have other options available to explore relative to meeting the needs
of a growing institution. This can be a win-win situation for our city and college.
3
Yakima Conceptual Design
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of December 17, 2002
ITEM TITLE: Resolution Authorizing Property Transfer Between City of Yakima and
Yakima Valley Community College (Continued from 11/26/02)
SUBMITTED BY: Glenn Rice, Assistant City ManagerY
CONTACT PERSON/TELEPHONE: Glenn Rice, 575-6040
SUMMARY EXPLANATION:
City staff, together with college officials, and Senator Deccio, proposes to transfer
Dunbar Field and Larson Park Field #4 to Yakima Valley Community College (YVCC).
This is in keeping with the commitment of earlier funds secured during the 2002
legislative session for expansion of Kiwanis Park with proper credit assigned to the
Larson Park/YVCC Project. Please see attached report for further details.
At the November 26, 2002 public hearing, Council received comments, closed the public
hearing, and continued this item to December 17 for further deliberation.
Please also note, included in this transmittal are: (1) the Parks and Recreation
Commission recommendation letter dated November 18, 2002; (2) a clarification of
legislative intent faxed from Senator Deccio's office, dated November 2, 2002; and (3) a
petition from citizens opposed to the transfer of Larson Park property.
Resolution X Ordinance Contract Other (Specify)
Funding Source:
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
Support the proposed transfer of property
COUNCIL ACTION: