Loading...
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 6. / lE„,„ >. -�� _ 6 / v tii req 2 G 4 7. 7s.1 Pc -v �� -,-, 4� 12. 13. 14. 15. 16. cl►•� L. iG�s� —7cc 4 r �7.t� # /o2 C cik'rf,G { t C, 90, CQ 76-1- -2,72-.32 ,wc • • l f); et -57/21? P/ •// Da. 98'7°? (-1, 5c ; v `i,3 (/Oh c % /), Lkc71/ Yt706P--- 17 �-- 20.f (1‘1"3hrto, 9 efe 2-- 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%('!' 1Vl 4.114...11' i:"- lV 11L.L V V1 of. 1 ♦V�... 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 4 l_- ' recorn-rneuu 11atII11Lyu4LLsLLninuevcr CUVe11LILLs uvuebsar LU Illsllle 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 II L Uti 1 I4A1 IVLt..',V3 1 Eh P_,IN Yid<IMA CAMPUS PREFERRED Pt AN OPTION • ," ,1•1_1.1:1 ••.1•-• t 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: