HomeMy WebLinkAboutR-2005-098 Yakima County Fire Protection District No. 12 Asset Distribution Settlement AgreementRESOLUTION NO. R-2005- 98
A RESOLUTION authorizing and directing the City Manager to execute all
agreements, contracts and documents necessary to finalize and
carry out a asset distribution settlement agreement with Yakima
County Fire Protection District No. 12 resulting from the City of
Yakima's annexation of territory served by the District's Fire Station
No. 1.
WHEREAS, RCW Chapter 39.34 permits governmental entities to enter into
interlocal agreements to accomplish mutually beneficial purposes in the public interest;
and
WHEREAS, Yakima County Fire Protection District No. 12 ("FPD #12") and the
City of Yakima have an ongoing cooperative relationship in protecting and serving the
citizens of Yakima County and the City of Yakima and in enhancing public safety in
Yakima County and the City of Yakima; and
WHEREAS, the City has completed four annexations known as the South 72nd
Avenue Annexation, the Nob Hill/South 40th Avenue Annexation, the Congdon
Annexation, and the Englewood Annexation (collectively referred to herein as the
"Annexations"); and
WHEREAS, RCW 35.02.205 provides a process for distribution of assets when a
city annexes property that represents less than five percent (5%) of a fire protection
district but results in a significant increase in fire suppression responsibilities for the city
and a corresponding reduction in fire suppression responsibilities for the fire protection
district, as is the case for each of the individual Annexations; and
WHEREAS, the City believes that the Annexations have resulted in a significant
increase in its fire suppression responsibilities and a corresponding reduction in the
District's fire suppression responsibilities, that the City has fully complied with RCW
35.02.205, and that a transfer and distribution of assets to the City from the District is
appropriate under said statute; and
Resolution No. R-2005- 98
Page 1 of 3
WHEREAS, the District disagrees that the City is entitled to any distribution of
assets under RCW 35.02.205 as a result of the Annexations; and
WHEREAS, in a desire to avoid litigation and to provide certainty regarding the
issues related to a distribution of assets following the Annexations, the parties have
negotiated a proposed settlement for the distribution of assets related to the
Annexations and future annexations for those areas that lie both within and are
co -extensive with the City's Urban Growth Area and the District's Boundaries that are
served by the District's Fire Station No. 1; and
WHEREAS, the basic terms of said proposed asset transfer settlement include
the following:
That the District shall transfer ownership of its Fire Station No. 1 to
the City.
That the District shall lease a portion Fire Station No. 1 from the
City for a period of 5 years.
That the District shall contrihute up $120,000 for the remodeling
- - - ---- --- -• •-••• ---• •-• ...1,. to the remodeling
l IVUGIII ItJ.
of Fire Station No. 1.
That the District shall transfer ownership of Brush Unit #16 to the
City.
That the District shall allow the City to jointly use Rescue #17.
That the City shall provide fire protection, fire suppression,
hazardous material response, rescue response, and emergency
medical response service to the area served by Fire Station No. 1
that is within the City's Urban Growth Area for a period of five
years, and that the District shall pay the City $120,000 for this
service.
Resolution No. R-2005-98
Page 2 of 3
WHEREAS, the parties desire to enter a number of written agreements in a
form substantially similar to those attached hereto in order to confirm and finalize the
above -referenced asset transfer settlement agreement; and
WHEREAS, it remains the goal of the City and the District to continue working
on long and short-term goals for the betterment of the citizens within each jurisdiction,
supporting and encouraging a positive relationship and productive outcomes for the
citizens that both entities serve; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize execution of agreements and documents necessary to finalize and
carry out said asset distribution settlement agreement with Yakima County Fire
Protection District No. 12, 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 all agreements, contracts and documents necessary to finalize and carry out
the negotiated asset distribution settlement agreement with Yakima County Fire
Protection District No. 12 resulting from the City of Yakima's annexation of territory
served by the District's Fire Station No. 1. The final form of these asset distribution
settlement agreements, contracts and other documents shall be substantially similar to
the attached documents and shall be subject to the review and approval of the City
Attorney or his designee.
ADOPTED BY THE CITY COUNCIL this 28th day of June, 2005.
ATTEST:
City Clerk
Resolution No. R-2005- 98
Page 3 of 3
,..c-cj.
Paul P. George, Mor
INTERLOCAL
AGRFEMENT
WITH RXHII31"TS
JULY 2005
Yakima County Fire District 12
Yakima Fire Department
City Contract No. 2005-73
Resolution No. R-2005-98
Recording No. 7465764
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: INTERLOCAL AGREEMENT
Contract No. 2005-73 (With Exhibits)
Resolution No. R-2005-98
Party No. 1: Yakima County Fire Protection District Number 12
Party No. 2: City of Yakima
21)0 Yci (4) YL\ See. )
ASbilio/Qo Lee -0 ./J3
// Jam- 330o
73OV
Ti � 1�
11
11
ilii
YAKIMA C TY
Gil
lulu
111
11 7465764
Page: 1 of 44
@7/29/2605 0S:44A
AOR W,@0 Yakima Co, WA
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION
DISTRICT NO. 12 FOR TRANSFER OF ASSETS SETTLEMENT FOR THE SOUTH 72ND
AVENUE ANNEXATION, THE NOB HILL/SOUTH 40TH AVENUE ANNEXATION, AND THE
CONGDON ANNEXATION
THIS AGREEMENT (the "Agreement") is made and entered into this �-9 day of
, 2005, by and between YAKIMA COUNTY FIRE PROTECTION
DISTICT ^ O. 12, a municipal corporation (hereinafter referred to as the "District"), and the
CITY OF YAKIMA, a Washington municipal corporation (the "City"). The District and the City
shall be collectively referred to herein as "Party" or the "Parties."
WHEREAS, this document and agreement was authorized by the City Council for the
City of Yakima and the Board of Fire Commissioners for the District at a duly convened public
meeting of each body; and
WHEREAS, the District and the City have an ongoing cooperative relationship and
partnership in protecting and serving the citizens of Yakima County and the City of Yakima and
in enhancing public safety in Yakima County and the City of Yakima; and
WHEREAS, the City has completed three annexations known as the South 72nd Avenue
Annexation, the Nob Hill/South 40`h Avenue Annexation, and the Congdon Annexation
(collectively referred to herein as the "Annexations"); and
WHEREAS, RCW 35.02.205 provides a process for distribution of assets when a city
annexes property that represents less than five percent (5%) of a fire protection district but
results in a significant increase in fire suppression responsibilities for the city and a
corresponding reduction in fire suppression responsibilities for the fire protection district, as is
the case for each of the individual Annexations; and
WHEREAS, the City believes that the Annexations have resulted in a significant
increase in its fire suppression responsibilities and a corresponding reduction in the District's fire
suppression responsibilities, that the City has fully complied with RCW 35.02.205, and that a
transfer and distribution of assets to the City from the District is appropriate under said statute;
and
WHEREAS, the District disagrees that the City is entitled to any distribution of assets,
including without limitation whether the City has properly complied with RCW 35.02.205 and
whether there is any obligation under RCW 35.02.205 for the District to transfer or distribute any
assets to the City; and
WHEREAS, in a desire to avoid litigation and to provide certainty regarding the issues
related to a distribution of assets following the Annexations, the Parties have negotiated a
mutually acceptable settlement for the distribution of assets related to the Annexations and
future annexations for those areas that lie both within and are co -extensive with the City's Urban
Growth Area and the District's Boundaries that are served by the District's Station No. 1 (a map
of this area is attached as Exhibit A); and
WHEREAS, the Parties entered into an Interlocal Agreement providing for the transfer
of a Chevrolet Tahoe as the first phase of implementing this distribution of assets agreement to
resolve asset transfer issues arising from said Annexations ("Chevy Tahoe Interlocal"), and the
District did transfer said vehicle to the City pursuant to the Chevy Tahoe Interlocal; and
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILUSOUTH 40TH AVFNI IF AMn rnnirnnti ANNFY TinNS
1 of 11
ilii
11
1111
101 I
11
111111
11
YAKIMA CITY AGR
I HI 7465764
Page: 2 of 44
67129/9005 09:44R
$69,00 Yakima Co, WA
WHEREAS, it is the goal of the City and the District to continue working on long and short-
term goals for the betterment of the citizens within each jurisdiction, supporting and encouraging
a positive relationship and productive outcomes for the citizens that both entities serve; and
WHEREAS, the Parties desire to enter into this Interlocal Agreement in order to
memorialize, confirm and finalize the above -referenced asset transfer settlement agreement;
NOW, THEREFORE, IT IS MUTUALLY AGREED BY THE DISTRICT AND THE CITY
AS FOLLOWS:
1. Exhibits. The Exhibits to this Agreement are set forth herein, and are fully incorporated
into this Agreement. The Exhibits are as follows:
a. Exhibit A. A map depicting the City's Urban Growth Area, the area of the District that
is served by Station No. 1, and the City's Service Area (including the Cowiche
Canyon Area) that the Yakima Fire Department will serve in accordance with Section
3 of this Agreement.
b. Exhibit B. A map depicting the Service Area (including the Cowiche Canyon Area)
that the Yakima Fire Department will serve in accordance with Section 3 of this
Agreement.
c. Exhibit C. Real Property Transfer Agreement.
d. Exhibit D. Form of the Deed.
e. Exhibit E. The legal description of the property. (Said Property is referred to herein
as the "Station Property," and the building thereon is referred to herein as "Station
No. 1.")
f. Exhibit F. Form of Lease (excluding lease exhibits).
g. Exhibit G. Station No. 1 Operation Plan.
h. Exhibit H. Bill of Sale—Brush Unit.
i. Exhibit I. List of Equipment on Brush Unit.
j. Exhibit J. List of Equipment on Rescue 17.
2. Transfer of District Station No. 1.
a. The Parties shall execute contemporaneously a Real Property Transfer Agreement
in the form attached hereto as Exhibit C. Said agreement provides, in part, the
following:
i. The District shall transfer to the City, via Statutory Warranty Deed ("Deed"), fee
simple title to certain real property located at 7707 Tieton Drive, Yakima, WA, on
or before July 1, 2005. The form of the Deed is attached hereto as Exhibit D.
The legal description of the property is attached hereto as Exhibit E. (Said
property is referred to herein as the "Station Property," and the building thereon
is referred to herein as "Station No. 1.") The City shall take said Deed subject to
the District's rights and interest as set forth in the Lease Agreement, defined
below.
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTR CT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILL/SOUTH 40TH AVENUE. AND CONGDON ANNFXATIONR
2°f
1 II 11 1111 1111 1111 11 11 11 7465763 04'4
Page 44
07/6919005 09:44A
YAKIMA C TY AGR $62.00 Yakima Co, WA
ii. All transactional costs associated with this transfer shall be paid by the City;
however, the District shall bear its own attorneys fees and costs and
administrative costs related to this transaction.
iii. The City acknowledges that said property shall be subject to an easement or an
irrigation line benefiting adjacent properties, that the driveway access is shared
with the Church on adjacent property, and any encumbrances of record.
b. City's Right to Occupy and Use Station No. 1. Prior to the transfer of ownership of
Station No. 1 to the City, the Yakima Fire Department shall have the right to occupy
and use Station No. 1 in a manner that is consistent with the terms and conditions of
the June 1, 2004, Interlocal Agreement between the City and the District (City of
Yakima Contract No. 2004-69).
c. Lease Back of Station No. 1 by District. Contemporaneously with the transfer of title
to the City, the Parties shall execute a five-year lease of Fire Station No. 1 to the
District in the form attached hereto as Exhibit F ("Lease Agreement"). Said Lease
Agreement shall be renewable at conclusion of five years, subject to renegotiation.
The effective date of the five-year Lease Agreement will be the date of the transfer of
title to the Station Property to the City. The Lease Agreement shall provide for the
continued co -location of the facility by both the City and the District as currently
exists. Said Lease is referred to herein as the Lease Agreement. The costs related
to the operation and maintenance of Station No. 1 shall be included in the Lease
Agreement. All transactional costs associated with execution of this Lease shall be
paid by the City; however, the District shall bear its own attorneys fees and costs and
administrative costs related to this transaction.
d. The Parties shall operate Station No. 1 and responses therefrom consistent with the
Operation Plan attached as Exhibit G.
3. City Service Area During the Five (5) Year Term of the Lease Agreement. During the
five (5) year term of the Lease Agreement referred to in Section 2(c) of this Agreement, the City
of Yakima Fire Department shall respond to all service demands and/or call -outs necessary for
fire suppression, fire protection, hazardous material response, rescue response, emergency
medical response, and other emergency requests within the Service Area described on Exhibits
A and B. In return for and in consideration of these services, the District will pay the City One
Hundred Twenty Thousand Dollars ($120,000.00) over the five-year period of the Lease
Agreement, or $2,000 per month for five years.
4. City Service of the Cowiche Canyon Area After Expiration of the Lease Agreement.
During the term of the Lease Agreement, the Parties agree to negotiate in good faith regarding
service to the Cowiche Canyon Area after the expiration of the Lease Agreement. If, prior to the
expiration of the Lease Agreement, the parties have not reached an agreement regarding which
entity will provide fire protection, emergency response and other response services to the
Cowiche Canyon area, then upon expiration of the Lease Agreement, service to such area shall
revert to the District.
5. Cost -Split for Station No. 1 Improvements. The Parties agree to share the cost of
improving and remodeling Station No. 1 for co -location of both agencies. The District shall have
a reasonable opportunity to provide input to the City regarding the preparation and finalization of
the plans to remodel and improve Fire Station No. 1, provided, however, that the City shall
make the final decision as to these improvement/remodeling plans. The District will participate
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILL/SOUTH 40TH AVENUE. AND CONGDON ANNEXATIONS
3 of 1111 11 1111 01 1 1 11 1 11 11 N 11 7465764
Page 4 of 44
07/29/22005 09:44A
YAKIMA CITY AGR $62,00 Yakima Co, WA
in the costs of improvement/remodeling of Station No. 1 on the basis of a limited 80/20 split,
with the District paying twenty percent (20%) of the cost, provided, however, that the District
shall not under any circumstance exceed One Hundred and Twenty Thousand Dollars
($120,000.00). Total estimated cost of remodeling Station No. 1 to accommodate co -location is
Six Hundred Ten Thousand Dollars ($610,000.00). The City shall administer the contract for the
improvement/remodel of Station No. 1. The City and the District shall pay their respective
shares within forty-five (45) days of receipt of notice of the City's final acceptance of the work
performed by the City's contractor. In the event that the District disputes any payment
obligation for any reason, the District shall notify the City of the dispute in writing and pay any
disputed amount into an interest-bearing savings account or deposit said account with the
Yakima County Treasurer or Superior Court Registry at its option. Said dispute shall be
resolved pursuant to Section 23 below. Nothing herein relieves the District from its obligation to
timely pay undisputed invoices.
6. Brush Unit Transfer. Effective on or before July 1, 2005, the District shall transfer
ownership of Brush Unit 16 to the City, VIN #2FDKF38G4MCA59802 ("Brush Unit"), provided,
however, that Brush Unit 16 shall be stationed at Station No. 1 and jointly utilized by both the
District and the City so long as the Parties jointly occupy Station No. 1 pursuant to the Lease
Agreement. All transactional costs associated with this transfer shall be paid by the City;
however, the District shall bear its own attorneys fees and costs and administrative costs related
to this transaction. The District shall convey said Brush Unit to the City, and the City shall
accept the above -referenced Brush Unit, in an "as is" "where is" condition, without any
representation or warranty from the District. Said transfer shall be by Bili of Sale, the form of
which is attached hereto as Exhibit H. The District shall also execute any title or vehicle transfer
documentation required by the State of Washington Department of Licensing. The City shall
bear all of the costs related to the maintenance of the Brush Unit. The Brush Unit shall be
stationed at Station No. 1 for use by both entities for the initial term of the Lease. The District
shall retain ownership and maintain the equipment located on the Brush Unit. Said equipment
may be jointly used for the initial term of the Lease. See Exhibit I for the list of the equipment.
Use of the Brush Unit and the equipment thereon is on a first come, first serve basis.
7. Joint Use of Rescue 17. Similar to the joint use of the Brush Unit, the District agrees
that Rescue 17, VIN #1 FDLF47FXSEA53710 ("Rescue 17"), shall be stationed at Station No. 1
and will be jointly utilized by both agencies so long as the Parties jointly occupy Station No. 1
pursuant to the Lease Agreement. The District shall maintain ownership. The District shall add
the City as an additional insured on its automobile insurance policies related to Rescue 17. The
District, at its expense, shall outfit Rescue 17 with the needed MDC and AVL units for the City's
use. The District shall bear the costs related to the maintenance of Rescue 17 and the
equipment located thereon. The District will retain ownership and maintain the equipment
located on the vehicle. See Exhibit J for the list of the equipment. Use of Rescue 17 and the
equipment thereon is on a first come, first serve basis.
8. Insurance.
a. During the existence of this Agreement, the District shall maintain all risk
comprehensive general liability insurance, including property insurance for Station
No. 1, in an amount not less than two million dollars ($2,000,000.00) with a
deductible of not more than five thousand dollars ($5,000.00), naming the City as
"also or additional insured."
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILL/SOUTH 40T" "
4 of 1111 II Pag65764
5 of 44
07/29/2005 09:44A
YAKIMA C TY AGR X69,00 Yakima Co, WA
b. The City is a self-insured municipal corporation but annually purchases a public
entity excess liability insurance policy with a limit of at least seven million five
hundred thousand dollars ($7,500,000.00) per any one occurrence or wrongful act or
series of continuous repeated or related occurrences or wrongful acts in excess of
the City's retained limit of one million dollars ($1,000,000.00). in the event the City,
after commencement of this Agreement, elects to terminate or if the coverage limits
of said excess liability coverage are changed, the City will notify the District at least
thirty (30) days in advance. To the extent possible, the City shall name the District
as "also insured" under these policies on or before the effective date of this
Agreement and, insofar as the City is self-insured, shall treat and consider the
District as an "also or additional insured" with regard to the City's self-insurance
policies and programs.
c. Cross Release. Except as specifically provided in this Agreement, the District and
the City do hereby forever release each other from any claims, demands, damages,
or causes of action related to damage to equipment or property owned by the Parties
and arising during the term of this Agreement, except for damage caused to Station
No. 1 through the acts, negligence, and/or omission of a Party. It is the intent of the
Parties to cover this risk with the insurance noted above.
d. Any certificate of insurance provided by either Party shall clearly state who the
provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect.
9. Indemnification and Hold Harmless.
a. The District agrees to protect, defend, indemnify, and hold harmless the City, its
officers, elected officials, agents, and employees from any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including attorneys fees and
disbursements) caused by or occurring by reason of any negligent act and/or
omission of the District, its directors, officials, officers, employees, agents, and/or
volunteers arising out of or in connection with the activities of the District under and
pursuant to this Agreement, including but not limited to the use of Station No. 1,
including any equipment of the other party therein, and including but not limited to
any personal injury, death, and/or property damage claim, demand, lawsuit or other
proceeding brought against the City.
b. The City agrees to protect, defend, indemnify, and hold harmless the District, its
officers, elected officials, agents, and employees from any and all claims, demands,
losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and all
judgments, awards, costs and expenses (including attorneys fees and
disbursements) caused by or occurring by reason of any negligent act and/or
omission of the City, its directors, officials, officers, employees, agents, and/or
volunteers arising out of or in connection with the activities of the City under and
pursuant to this Agreement, including but not limited to the use of Station No. 1,
including any equipment of the other Party therein, and including but not limited to
any personal injury, death, and/or property damage claim, demand, lawsuit or other
proceeding brought against the District.
c. In the event that the officials, officers, agents, and/or employees of both the District
and the City are negligent, each Party shall be liable for its contributory share of
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILL/SOUTH 401" 10 11
5o
1111
11
11
1
1
AI
YRKIMA CITY AGR
11
7465764
Page; 6 of 44
67/29/2605 69:44R
*9,66 Yakima Co, WA
negligence for any resulting suits, actions, claims, liability, damages, judgments,
costs and expenses (including reasonable attorneys fees).
d. Nothing contained in this Section or this Agreement shall be construed to create a
right of indemnification in any third party.
e. The provisions of this Section shall survive the termination or expiration of this
Agreement with respect to any event occurring prior to such termination or
expiration.
10. Intergovernmental Committee. The Parties agree that the Intergovernmental Fire
Service Committee established by the June 1, 2004, Interlocal Agreement (City of Yakima
Contract No. 2004-69) shall continue to exist and meet in order to help foster short- and long-
term relationships between the two organizations and is unaffected by this Agreement. The
Committee shall meet quarterly, at a minimum, or at the request of either Party. The purpose of
the Committee is to periodically provide non-binding advice to the Parties as to the matters
subject to this Agreement, facilitate and assist in the management of operations within and from
Station No. 1, and engage in long-range planning related to fire and emergency response
issues within each Party's jurisdiction, including facility siting, joint operations such as training,
and major incident response, automatic response, mutual aid, and any other matters
determined by the Parties to be in their mutual interest. The Committee will act solely in an
advisory capacity to the Parties concerning (i) the operation of this Agreement, (ii) any
suggested modifications or improvements, and (iii) any non-binding dispute resolution
concerning the terms and conditions of this Agreement.
11. Complete Resolution of Distribution of Assets for Annexations. With regard to the Nob
Hill/South 40t" Avenue Annexation (Yakima Ordinance No. 2001-44), the South 72nd Avenue
Annexation (Yakima Ordinance No. 2001-46), the Congdon Annexation (Yakima Ordinance
No. 2001-38), the Englewood Annexation (Yakima County Boundary Review Board No. 04-19)
and future City annexations within the City's Urban Growth Area that is served by Station No. 1
as shown on the map attached as Exhibit A (collectively referred to as the "Annexations"), the
Parties agree that this Agreement fully and completely resolves all claims that the City and/or
the District may have in relation to the Annexations and said future annexations within said
Urban Growth Area served by Station No. 1, with no further rights for assets distribution or
transfer related thereto. With regard to the Annexations, each Party waives any right, claim, or
argument that it may have with regard to any issue related to a City claim or request for a
distribution of assets pursuant to RCW 35.02.205, including without limitation whether the City
has properly complied with RCW 35.02.205. The Parties agree to execute a stipulated
judgment with regard to the settlement of the distribution of assets claims related to the
Annexations as set forth herein if either party deems such action as necessary.
12. Modification. This Agreement represents the entire agreement between the Parties. No
change, termination, or attempted waiver of any of the provisions in this Agreement shall be
binding on either of the Parties unless executed in writing by authorized representatives of each
of the Parties.
13. No Third Party Beneficiary. This Agreement is entered into solely for the benefit of the
Parties hereto. This Agreement shall confer no benefits, direct or indirect, on any third persons,
including employees of the Parties. No person or entity other than the Parties themselves may
rely upon or enforce any provision of this Agreement.
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY F RE PROTECTION DISTRICT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILL/SOUTH 40TH t
6 of 1
11
11
11
1
1
YAKIMA C TY AGR
11
II7465764
Page: 7 of 44
07/29/2005 09:44R
$62.00 Yakima Co, WA
14. Notice. All notices and demands required under this Agreement shall be in writing and
shall be deemed to have been duly given, made, and received when delivered or deposited in
the United States mail, registered or certified mail, postage prepaid, addressed as set forth
below:
If to the District:
Chair
Board of Fire Commissioners
Yakima County Fire Protection District No. 12
5110 Tieton Drive, Suite 370
Yakima, WA 98908
If to the City:
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
15. Waivers. No failure by either Party to insist upon the strict performance of any covenant,
duty, agreement, or condition of this Agreement or to exercise any right or remedy consequent
upon a breach thereof shall constitute a waiver of any such breach or any other covenant,
agreement, term or condition. Either Party hereto, by notice and only by notice as provided
herein, may, but shall be under no obligation to, waive any of its rights or any conditions to its
obligations hereunder or any duty or obligation or covenant of the other Party hereto. No waiver
shall affect or alter this Agreement, and each and every covenant, agreement, term, and
condition of this Agreement shall continue in full force and effect with respect to any other then
existing or subsequent breach thereof.
16. Consents of Municipal Entities. Neither the City's nor the District's execution of this
Agreement nor any consent or approval given by the City or the District hereunder shall waive,
abridge, impair or otherwise affect the City's or the District's powers and duties as a
governmental body.
17. Compliance with Law. All Parties to this Agreement shall comply with all applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of
this Agreement.
18. Severability.
a. If a court of competent jurisdiction holds any part, term or provision of this Agreement
to be illegal or invalid in whole or in part, the validity of the remaining provisions shall
not be affected, and the Parties' rights and obligations shall be construed and
enforced as if the Agreement did not contain the particular provision held to be
invalid.
b. If any provision of this Agreement is in direct conflict with any statutory provision of
the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict and shall be deemed modified
to conform to such statutory provision.
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY F RE PROTECTION DISTRICT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72N° AVENUE, NOB HILL/SOUTH 40TH _.
7 of II ll MI II 11 III ll 1
YAKIMA C TY AGR
I ll Page: 8 of 44
7465764
07/29/2005 89:44A
$82,00 Yakima Co, WA
c. Should either party determine that the severed portions substantially alter this
Agreement so that the original intent and purpose of the Agreement no longer exists,
said Party may, in its sole discretion, terminate this Agreement upon sixty (60)
calendar days' advance written notice to the other Party.
19. Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds
recited herein and contemplated to be performed, executed and/or delivered by either Party
hereto, the Parties hereto agree to perform, execute and/or deliver, or cause to be performed,
executed and/or delivered, any and all such further acts, deeds, and assurances which may
reasonably be required to effect the purposes of this Agreement.
20. Status of Agreement. This Agreement is in addition to and is not intended to replace,
substitute, modify, or otherwise amend any other agreement between the Parties. Any other
agreements continue in effect according to the terms of those other agreements. The Parties
hereby represent that this Agreement is executed by duly authorized representatives of the
Parties hereto.
21. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and
negotiated and represents the combined work product of all Parties hereto. No presumption or
other rules of construction which would interpret the provisions of this Agreement in favor of or
against the party preparing the same shall be applicable in connection with the construction or
interpretation of any of the provisions of this Agreement.
22. Counterparts. This Agreement may be executed in any number of counterparts and
each such counterpart hereof shall be deemed to be an original instrument, but all such
counterparts together shall constitute but one agreement.
23. Dispute Resolution. In the event that a dispute arises between the District and the City
with regard to this Agreement, and in the event that the District and the City are unable to timely
and reasonably resolve the dispute, then the Parties agree that they shall then submit the
dispute to the dispute resolution provisions of this Section. Either party to the dispute may refer
the dispute to this dispute resolution process by providing the other party with written notice
thereof.
a. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Washington. The Parties stipulate that the appropriate venue for any action,
suit, or claim arising from or regarding this Agreement shall be in Yakima County,
Washington.
b. Party to Party Negotiations. In the event that the District and the City are unable to
resolve the dispute, then within ten (10) days after the service of notice by a party
invoking the dispute resolution process, the District and the City shall each appoint
an elected official to represent its respective interests in the disputed matter. Within
thirty (30) days after their appointment, these two officials shall meet and attempt to
resolve the dispute. If the officials are able to reach an agreement as to a
reasonable resolution to the dispute, then the officials shall promptly provide a
written statement of their recommended resolution to the District Fire Chief and the
City Fire Chief. The legislative bodies of the District and the City may then either
accept the proposed resolution or reject it. In the event that either the District and/or
the City reject the proposed resolution, or if the officials are unable to reach an
agreement as to a reasonable resolution to the dispute, then the Parties shall
proceed to mediation.
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY F RE PROTECTION DISTR CT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILL/SOUTH 40TH P'- "'- ' '- -----" " ' '- ""--- --
8 of1111111 111111111111 111111 7465764
44
07/29/9005 09:44A
YAKIMA C TY AGR $69.00 Yakima Co, WA
c. Mediation. In the event that mediation becomes necessary, the Parties shall
mutually agree upon a mediator to assist them in the resolution of the dispute. The
mediator shall be selected within thirty (30) days of the latter of (i) the meeting of the
officials under Section 23(b) in an attempt to identify a reasonable resolution, or (ii)
the rejection of a recommended resolution by either the District or the City. The
mediation shall be held and completed within sixty (60) days of the appointment of
the mediator, unless extended for good cause or by mutual agreement of the Parties.
Each Party shall bear its own expenses associated with the mediation but shall share
equally any other costs of the mediation. The Parties agree to mediate in good faith.
In the event that the Parties are unable to resolve their dispute through mediation,
the mediator shall issue a letter stating such to the Parties.
d. Arbitration. In the event that the mediator issues a letter stating that the Parties are
unable to resolve their dispute through mediation, then the Parties may agree to
submit the dispute to binding arbitration as provided herein. The Parties shall select
an independent and unbiased arbitrator who is not affiliated directly or indirectly with
either party within thirty (30) days after either Party serves upon the other Party a
written demand for arbitration. If the Parties fail to select or cannot agree upon an
arbitrator within this time, then either Party may apply to the Superior Court of
Yakima County pursuant to RCW 7.04 et seq. for an order appointing an arbitrator.
Such application may be made at any time after the thirty (30) day period has
expired. Upon application to the court for an arbitrator, the Court shall select an
arbitrator. If the arbitrator requests a hearing prior to rendering his/her decision,
such hearing shall be held in Yakima County, Washington. The arbitrator's decision
shall be binding on both Parties. Each Party shall bear its own expenses associated
with the arbitration but shall share equally the costs of the arbitrator. This Section
23(d), RCW Chapter 7.04, and Rules 5.2 through 5.4 of the Mandatory Arbitration
Rules for Superior Court ("MAR") shall govern the arbitration. In the event of any
inconsistencies between the Binding Arbitration Clause, RCW Chapter 7.04, and
MAR 5.2 through 5.4, the terms of the Binding Arbitration Clause shall take
precedence over RCW Chapter 7.04 and MAR 5.2 through 5.4; and RCW Chapter
7.04 shall take precedence over MAR 5.2 through 5.4. Any decision and/or
monetary award issued by an arbitrator may be submitted to the Yakima Superior
Court for issuance of an Order and Judgment of the arbitrator's decision and award.
24. Entire Agreement. This document is the complete and exclusive agreement between
the Parties. It supersedes all oral or written proposals, promises, or other communications
between the Parties regarding the subject matter of this Agreement. No modification,
termination, or amendment of this Agreement may be made except by written agreement signed
by all Parties and duly authorized by their governing bodies.
25. Survivability. All covenants, promises and performance which are not fully performed as
of the date of termination shall survive termination as binding obligations.
26. Filing with County Auditor. The Yakima City Clerk shall file and record a copy of this
Agreement with the Yakima County Auditor's Office immediately following the mutual execution
of this Agreement.
27. Authority of the City and the District. The City and the District represent and warrant that
each is a Washington municipal corporation duly organized, validly existing and in good
standing under the laws of the State of Washington. The City and the District have full right,
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILUSOUTH 40TH
9 of
11
ilii
1111
II
u
11
11
YAKIMA C TY AGR
11
1
7465764
Page: 10 of 44
07/29/2005 09:44A
$62.00 Yakima Co, WA
power and authority to execute this Agreement. No other authorizations or approvals, whether
of governmental bodies or otherwise, will be necessary in order for the City or the District to
enter into this Agreement.
28. Effective Date/Approval by City Council and Fire District Commission. The effective date
of this Agreement shall be the date it is approved by the Yakima City Council and the District
Board of Commissioners. The City Manager of the City of Yakima has been authorized to
execute this Interlocal Agreement by the City Council for the City of Yakima. The Chair of the
Fire District Commission has been authorized to execute this Interlocal Agreement by the
Commission for the Fire District.
EXECUTED thisay o , 2005, for YAKIMA COUNTY FIRE PROTECTION
DISTRICT NO. 12.
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
By: A(..-0-3-7
Commissioner Ken Eakin
Chair of Yakima County Fire Protection
District No. 12 Commission
ATTESTED:
Chris y Boiselle
Secretary, Yakima County Fire Protection
District No. 12 (West Valley Fire)
EXECUTED day of
CITY OF YAKIMA
By:
, 2005, for the CITY OF YAKIMA.
City Mhager
ATTESTED:
K
Yakima City Clerk
Resolution No. -&264.6-- 97
City Contract No. ,/),5"-• 73
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTR CT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILL/SOUTH 40" G An l^An rnt-t.0 A. .ICVAT t1.10
10 of
11
11
11
11
VIII
1
1
11
AKIMA C TY AGR 6E,00
7465764
Page: 11 of 44
0?/229/2005 09:44A
Yakima Co, WA
STATE OF WASHINGTON )
County of Yakima )
ss.
On this day personally appeared before me Ken Eakin, to me known to be Commission
Chair of Yakima County Fire Protection District No. 12, the entity that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said entity, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN UNDER my han•_-,••_.fficial s_al this
NE H.
osloti
is v NOTARY
c PUBLIC
7
-FAG,°87 30 =®®t
STATE OF WASHINGTON
County of Yakima
) ss.
, \
\�
y commission expir
day o
2005.
At
44111."\1L)
sib
nted Name)
ary Public in and for th
shington, residing
S ate of
Ial
On this day personally appeared before me R. A. Zais, Jr., to me known to be the City
Manager of the City of Yakima, the municipality that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
municipality, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN UNDER my hand and official seal this
day of 4)1, 2005.
POLI
S 10.9
(Printed Name)
Notary Public in and for the State of
Washington, residing at ��,�,I;`1-GVIA0
My commission expires t t/tp, S boa
AGREEMENT BETWEEN CITY OF YAKIMA AND YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12 FOR TRANSFER
OF ASSETS FOR SOUTH 72ND AVENUE, NOB HILL/SOUTH 40T"---
11 of
11
1111
VIII
11
11
YAKIMR C TY AOR $62,00
7465764
Page: 12 of 44
07/29/2005 09:44A
Yakima Co, WA
w r - ;AVH14UN '8AyHatil''.' 1'3AVN164S .;
o " SAY H191,N' :3AV N196 S.
¢ S ",'ahtl Hl9bN - ;zc :SW H186S r - - 3A6H196gw
I �\•-3AV N114 N2 _ - >;
Iw¢ i A HIBVN-•'. r3AbHlebN: ''"'�, - 3Atl.H1Bt,S
r, _ � ry SAV H16bN - _ g.•
_ EI r S51_ST AVE 3AV N16SSI- '
dBN4 lL 53Nb - , 3AV ONL9 N, • '' 3AV N1 WN1d S 53RD AVE
NG 1S3H0ONIM
tl •
14:9:51N,
-e-111 z.
3AV HAV199 69N ,
- 3N1N .._
_,.
19
-3AV H9N r.: ,_ : SAV N.1143,0
-1,-SAV H1e91.'''. a
{'" 3AV 11169 S
—"� �� '� ��:__: 3AV HlUBN':3AV NIERS ` • •
S • 3AV18i9$"'
3Atl 1S 9Ni�_ =•9106'09S. 6
iJ N'' -3AV ONL9 f ;11_ . �, 5
_ t1'Qbd µ PVE ' P. -
{ �L---•!•, ..7.....F ..,....�.5'� a ; , I I.. 4 r I. - "' 3AV 11199 g , ; 3AW ST' n
�.t s� .. .3AV H199N.r ___ - Lj 7'1pP��'�i��r1fr^11 V
11 1 3AV Nl69S` ' ahq NL18 $.[ '
I; <• ..$.$ SAV 11169 S'% i 3AtlH169S''c.
II ! ; ahV H19d�Nyz • "3AV WAILS - ! m i;=. 3j11(H16GSw JL
0. J
L 3AV ON 1 ::: :; -�I-:
A ¢
8 0
t I w SAVH188N x
• , '0 ' � 3A1�ON4 Nu
all 40: 3AVH146N , � w„ �' z antlHL9[ss� i ��
3ndH1-, , ¢
a
,y6
[5 ii ' . 1,1 fart AVE r�- ,3AVI19LN 3I�VH19LS-, 5 W„-• �!
1_•.3it1HIJ1N •, 0_'
,.."6! -- JJI i 3AVLLLB[9'
�. �t lemma =¢ • 3Ay'H.Y(91N 3 ,. , w • _
_
;-1'-'5-',
I ll '"3AV NUM S•
0 �I 3AV HieBN AV'N19BN '3AVINL1S' 3*11109$ '-a._ � W!
3AV OjhBl ; i �� ; I� f
�!•+hm va.,w iri., I a It. w J..j ' .m=+iwt. 1
1�'HA�Vn{114 2 ,7y ..I - j '
9'VH111999���9N04 w -N1SDS PI J1
,w!�3 L4...'_ !rrF'�Ab HI[BS
g Ito
S-: 3
1 a _ 5S 3AV CANSO
; ,
H1SGN ';' r ! 3AVH19BS !
3AV Hi6sN I ,,
SAV H166 N ' 3AV tltl3d '
3AV Hle6 N. ;
w
-a _
--3AV ONS0'L N. , ¢ '
! .6.
0.
3AV ONLL S ,
3AV ONCLS
w
3
9
1
,019
0
M
5
3AV.L9t6S
'
'OH 3N�1a3Iag .
aAit HULL S
dtl
32101
!IH
114)0714R14 N
0
au A311111OHO
aHA3lnV3W
GROMORE no
0'
0.
0
0
l3zva
Qtl NI3IS
dIVHVS
OH 3S0Ow
0.
OH H318R19'
0
¢
' Otl H3dHV8 '
4,4
N
11
1111
YAKIMA CITY
11
11
1
1
11
11
1
1
11
7465764
Page: 13 of 44
07/29/2005 09:44A
AGR 162:00 Yakima Co, WR
V
gr"aAv aef'zt:s. AV *pia s
'OM otigicti. ' ; isvi owl, cc
m , 0
_ , 8' ; !- -Iiill,•
, ... - :-,- . i1U0 13 .i
011,0 0 -g; - m' 4 MO 1112122 _
5: ?':t 49 -. ' ''. ' ;.. ' . = : - ', 51' Ayitri.tvo,1 .Y
, 8 t .3.. as2 ;Ns! N_ • r -30 iffsb 2 •
- a A2 Kopf! : a Ay NI -et N --e_ an:'4f 0/02 ft, i?- env spe s - 3-1°' HIPPS
.
2422V122S2 - 1., , :' : 1 - •:- 1 20V (144p 2 0
0
- ; -
_
fast N'-;
s .202_26 if ti 49 , ; , A, „" N , , ,T- : , - ; • - 2S2 Fuss a
lf Hies 2 2 :
4? ▪ ' ..,„ - 00 , - , 2h ' - -
-Ms
- I
r- H.e.51139;7""'el ' 2Stf ONSON T NI virrid D - e-titto AVE
au id VAM1-1 AND .., i anv atis0 0
liCi.1.0.300onliM
, , 34VCIBEqg
a4e1n , ; - 2/Nr Nita N-
2SN' 0 - t - 9z
...1
F -
04e,...........
., .i's itwasok. - SAy !Nag N- :_ 10- _NAV 2.129N
DAV KOSS
ir z
pAVAIT2S N : - 5 ; ..k. ' - : ti : 717,14A:uyttL4 .5' ,51d 31N.IA'35.•
00,06.11,0„6 1r
re-_,T • 5',
,_ r2ami,H40!)D4r." , , , i ... ,10,11pa!,/%0Y9N,102 a
r..1
.N1 tu
- 914, fa -S
'
•
1 9
222.02e9
2riv 2222 2__
; , . • , Tortnapc w .., li..,,-7 11,,6:17iguovsa,,,,
3Nd HIEN N ' - '
'IA r`. 4°. 1. 1.31-54w % 1 ;1A.:,nti:iii,.:0-ap.i;::::::
.... _ „.
3ny 2142 ft ,
'..-
)
o 4 : '
--:.- '.8 f i 1 3AV 'NUS; 5' N.-3AV.I.,22fSAartilfs
.
" D :- • t 0 -. afar ausL8--
- --,, -'''• ' 'I, - ---ar^dr atai ic .
z . ,
. . , r 4A, twol. 4,,..„dis . W.W.I N 474f--04,:ii _
.
- ,, ti,;67: 22 341;0114 34._ v3:4:4:2"2.1.9„:40..„29, ,
- ci 8- 4 tot Hie' Ls i
.
-0
;
i
In e,
et • g;
> • • tt ke or; Ta if NISI N e .ii a ,, g
' \ 1
iri ' - ' r
_viEv4moter-oy,r 2.,
SAY Mae N , - , ...v tm"a 13 \ v s ,
., . ' ' '':•tf— ....--.X. Idijoil ,
•
113AVITUTOSN • 1 1.: ,Airm N ,' 1:AvA2114ffEififl. ,‘ , , . T-7-Tix iT-f-T-.^-^Tcodt-,— . IT -3-, 4, , .
s_._'4,:z" ..„ -
-3/414990 * T-,
, --,
/ 1 --.
ld Nye 9. ....4
1 ' - : lite-nnew-mirrrweir,
. Ar ewe e Ili °
20210621;
,, r :
I2/12 084 ,,,i_ ' -. ..• -.. ,•s ,,...
id Nibs ff -;. _ - ,
.
SAv 2122N , 32v 2.1.96 s
W NOB HILL BLVD
W
um/141292 t
220, fr,I#S9 ; 221/1-2.02
scaripiegs- 3/2,14162 g
pnv, 1.4.19i g
'2Av fusz s
I , , I ; -; ; 4AV t tuts a
.
I OwfiltioN
: . 4AV 1304 , , . - _: ,
, , r '
any 2252 N
2A1f NNW- N , Nu A22222211 - ,•.. ta.
I '
! ' t
1 mj
1
1 , /
4:;:.•711..101111.11,10,1gsl•••••••'amS0•1•111.1111•1111,01.•01.11.11111100.10M•11•1•Nirgier.morrmail '
nra , , r
4#
22 212.1.
. au aNnaabil - ' 11 ', Z. II
; 'i ' . T 8 f,, rai
w1-
I g'
8
8.
; 3Alf fu.s 1 I S' . i -
o
g :
I; gi
• /221202311 1
8.
Nu akrOa
V i
, 2'
L - . ,
cy r,
a ,-
6
z
AVI-4L922
-;=
•
11
,P
11
1111
11
II
1,500 750 0 1,500 Feet
II III
(ID
IN I 74Pllf 44
07/29/2005 09.44A
YAKIMR C TY AGR WIG Yakima Co, WA
EXHIBIT C
REAL PROPERTY TRANSFER AGREEMENT
This REAL PROPERTY TRANSFER
entered into this day of
Washington municipal corporation ("City"),
DISTRICT NO. 12, aka West Valley Fire
("District").
RECITALS
AGREEMENT (the "Agreement") is made and
, 2005, by and between the CITY OF YAKIMA, a
and YAKIMA COUNTY FIRE PROTECTION
District, a Washington special purpose district
WHEREAS, the District and the City have negotiated and entered into an Interlocal
Agreement (City Contract No. 2005- ) whereby the District agreed to convey and/or
distribute certain assets to the City as a result of the City's annexation of much of the service
area of the District's Station No. 1.
WHEREAS, under the terms and conditions of said Interlocal Agreement, the District
agreed to convey, via Statutory Warranty Deed, to the City fee simple title to Station No. 1 and
the land upon which Station No. 1 is located in Yakima County, Washington.
WHEREAS, this Agreement further defines the terms and conditions for the transfer and
conveyance of Station No. 1 and said real property by the District to the City.
TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Property. The District hereby agrees to transfer and convey to the City, and the City
hereby agrees to accept from the District, subject to the terms and conditions set forth herein,
Station No. 1 and the certain real property upon which it is located, all situated in Yakima
County, Washington, and legally described on Exhibit A (the "Property").
2. Consideration. The District and the City have negotiated and entered into an
Interlocal Agreement (City Contract No. 2005-) (referred to herein as the "Interlocal
Agreement") whereby the District agreed to convey and/or distribute certain assets to the City
as a result of the City's annexation of a significant portion of the service area of the District's
Station No. 1. Under the terms and conditions of said Interlocal Agreement, the District agreed
to convey, via Statutory Warranty Deed, to the City fee simple title to the Property, subject to the
Lease Agreement as defined in the Interlocal Agreement. The City and the District agree,
recognize and acknowledge that the obligations and duties of the City under this Agreement and
said Interlocal Agreement constitute sufficient consideration (to the extent that consideration is
needed) for the transfer and conveyance of the Property to the City.
3. Title to Property. The District shall convey to the City at the Closing, as hereinafter
defined, insurable fee simple title free and clear of all encumbrances except the Permitted
Exceptions, as defined below and those provided for in the standard form title insurance policy,
by execution and delivery of a Statutory Warranty Deed to the Property in a form acceptable to
1
of Inn,�I,NI�
n
11
11
1
1
11
II
11
7465764
Page: 15 of 44
07/29/2005 09:44A
AGR $62,00 Yakima Co, WA
the City (the "Deed"). Evidence of delivery of insurable fee simple title shall be the issuance by
Stewart Title Guaranty Company/Valley Title Guarantee Company (the "Escrow Holder") of an
ALTA standard coverage Owner's Policy of Title Insurance or report preliminary thereto with
liability in the amount as provided in said Title Insurance Policy and insuring fee simple title to
the Property in the City, subject only to those exceptions accepted by the City and those
provided for in the standard form title insurance policy. Rights reserved in federal patents or
state deeds, building or use restrictions general to the district, and building or zoning regulations
or provisions shall not be deemed encumbrances or defects. The City has reviewed the
preliminary commitment of title insurance dated May 3, 2005, Order Number X-188414, by
Valley Title Guarantee/Stewart Title issued in a form acceptable to the City and has accepted all
exceptions noted therein. Encumbrances to be discharged by the District shall be paid out by
the District on the date of Closing. Notwithstanding the foregoing, the City shall take title subject
to the following encumbrances and/or claims:
a. The right of the church and its successors adjacent to the Property to share the
driveway access along the western boundary of the Property.
b. An Easement Deed and Relocation Agreement for the use, operation and
maintenance of an underground pipeline 5 feet in width crossing Parcels A and B of the
Property and recorded October 8, 1971, under Yakima County Auditor's File
No. 2263392.
c. An easement or right-of-way for electric transmission and distribution line across the
north 5 feet and east 5 feet of Parcel B of the Property in favor of Pacific Power & Light
Company and disclosed by an instrument recorded February 8, 1973, under Yakima
County Auditor's File No. 2308309.
d. An irrigation easement for a waterline for an irrigation pipeline over the North 6 feet of
Parcels A and B of the Property recorded under Auditor's File Number 7453566 on
May 11, 2005.
e. The Lease Agreement with the District, recorded contemporaneously with the
Statutory Warranty Deed transferring title to the City.
4. Inspection and Condition of Property. The Property has been carefully inspected by
the City, and the City finds it acceptable for its intended uses. Except as may be otherwise
provided herein, the City hereby accepts the Property in the condition existing on the date of this
Agreement and confirms that neither the District nor any agent or representative of the District
has given or made any warranty or representation whatsoever concerning the physical condition
thereof or the uses or purposes to which the same may now or hereafter be placed.
5. The District's Representations and Warranties. The District represents and warrants
to the City the following:
a. There are no other contracts or agreements in force or effect for sale of all or any
portion of the Property, and the District agrees not to enter into any such contracts or
agreements between the date hereof and Closing.
b. There is no action, suit, investigation or proceeding (administrative or otherwise)
pending or threatened against or affecting the Property or any portion of it, the
transactions contemplated hereby, or which might affect the right of the City to own,
operate, develop or possess the Property or which might have a material effect on the
business of the Property or result in any liability of the City with respect thereto.
2 of
11
011
YAKIMA CITY
11
11
1
111E0 11 11 7465764
Page: i6 of 44
07/28/8605 09:44A
AGR X68,66 Yakima Co, WA
c. All persons and entities supplying labor, materials and equipment to the Property have
been paid and there are no claims of liens or service contracts applicable to the
Property.
6. The City's Contingencies. The City's obligations under this Agreement are subject to
satisfaction of the following conditions precedent:
a. The City's review and approval of title to the Property. Title Insurance shall be at the
City's cost. The City shall advise the District in writing at least ten (10) business days
prior to the date of Closing what exceptions to title, if any, remain that have not been
accepted by the City and what exceptions to title, if any, are objectionable to the City.
Only those exceptions approved in writing by the City shall constitute "Permitted
Exceptions." If the District shall fail to remove any such objectionable exceptions from
title prior to the Closing Date, and the City is unwilling to take title subject thereto, the
City shall have the right to terminate this Agreement and neither party hereto shall have
any further rights or obligations under this Agreement.
b. The foregoing conditions contained in this paragraph are intended solely for the
benefit of the City. If any of the foregoing conditions are not satisfied, the City shall have
the right, at its sole election, either to waive the condition in question and proceed with
the purchase or, in the alternative, to terminate this Agreement, and neither party hereto
shall have any further rights or obligations under this Agreement.
7. Escrow. Upon execution of this Agreement, the parties hereto shall deposit an
executed counterpart of this Agreement with Stewart Title Guaranty CompanyNalley Title
Guarantee Company (the "Escrow Holder") and this Agreement shall serve as the instructions to
Escrow Holder for consummation of the transfer of Property contemplated hereby. The District
and the City agree to execute such additional and supplemental escrow instructions as may be
appropriate to enable the Escrow Holder to comply with the terms of this Agreement, provided,
however, that in the event of any conflict between the provisions of this Agreement and any
supplemental escrow instructions, the terms of this Agreement shall control.
8. Closing. The closing hereunder (the "Closing") shall be held and delivery of all items
to be made at the Closing under the terms of this Agreement shall be made at the offices of
Escrow Holder on or before July 31, 2005, or such other date as the City and the District may
mutually agree in writing. Such date may not be otherwise extended without the written
approval of the District and the City, except as otherwise provided in this Agreement. All
documents shall be deemed delivered on the date the Deed is recorded.
In the event the Closing does not occur on or before the Closing Date, Escrow Holder
shall, unless it is notified by both parties to the contrary, return to the District the originals of all
documents deposited with the Escrow Holder. Any such return shall not, however, relieve either
party hereto of any liability it may have for its wrongful failure to close.
9. Documents to Be Delivered by the District for Closing. On or prior to the Closing
Date, the District shall deposit with Escrow Holder, the following:
a. The Statutory Warranty Deed duly executed and acknowledged by the District,
together with a duly signed real estate excise tax affidavit;
b. Any reconveyance documents required to eliminate of record any existing deeds of
trust and other security instruments which are a lien on the Property;
30 1111
YAMR C TY
1
1
II 11 10 11 7465764
Page 17 of 44
07/29/2005 09:44R
RQR $62.00 Yakima Co, WA
c. Such resolutions, authorizations, certificates, court orders or other documents or
agreements relating to the District, as shall be reasonably required in connection with
this transaction;
d. Any other documents, instruments, data, records, correspondence or agreements
called for hereunder which have not previously been delivered; and
e. Such other instruments as are reasonably required by Escrow Holder or otherwise
required to close the escrow and consummate the transfer of the Property in accordance
with the terms hereof.
10. Documents to Be Delivered by the City for Closing. On or before the Closing Date,
the City shall deposit with Escrow Holder the following:
a. Written approval of the Statutory Warranty Deed;
b. The Lease Agreement as required by the Interlocal Agreement;
c. Such resolutions, authorizations, certificates, court orders or other documents or
agreements relating to the City as shall be reasonably required in connection with this
transaction;
d. Any other documents, instruments, data, records, correspondence or agreements
called for hereunder which have not previously been delivered; and
e. Such other instruments as are reasonably required by Escrow Holder or otherwise
required to close the escrow and consummate the purchase of the Property in
accordance with the terms hereof.
11. Prorations. All revenues and all expenses of the Property, including but not limited
to real property taxes, special assessments, rents, water, sewer and utility charges, amounts
payable under the Agreement, annual permits and/or inspection fees (calculated on the basis of
the respective periods covered thereby), and any other expenses normal to the ownership, use,
operation and maintenance of the Property shall be prorated as of 12:01 a.m. on the Closing
Date.
12. Costs and Expenses Paid at Closing. The City shall pay the premium for a standard
owner's policy of title insurance, all real estate excise taxes, and the cost of any other
documentary or other transfer taxes applicable to the sale. The escrow fee shall be paid by the
City.
13. Authority of the City and the District. The City and the District represent and warrant
that each is a Washington municipal corporation duly organized, validly existing and in good
standing under the laws of the State of Washington. The City and the District have full right,
power and authority to execute this Agreement. No other authorizations or approvals, whether
of governmental bodies or otherwise, will be necessary in order for the City or the District to
enter into this Agreement.
14. Possession. The City shall have the right to take possession of the Property on the
date the Closing occurs and the Statutory Warranty Deed for the Property is delivered to the
City, subject to the Lease Agreement as defined in the Interlocal Agreement.
4 of
11
011
YAKIMA C TY
11
11
1
1
II 11 1 1 11 7465764
Page: 18 of 44
07/29/2005 09:44A
AGR X62.88 Yakima Co, WA
15. Default and Remedies. In the event of a material breach or default in or of this
Agreement or any of the representations, warranties, terms, covenants, conditions or provisions
hereof by the City or the District, then the other party shall have, in addition to a claim for
damages for such breach or default, and in addition to and without prejudice to any other right
or remedy available under this Agreement or at law or equity, the right to (a) demand and have
specific performance of this Agreement or (b) terminate this Agreement upon written notice
without liability to the other party.
16. Litigation. In the event either party hereto finds it necessary to bring an action
against the other party to enforce any of the terms, covenants or conditions hereof or any
instrument executed pursuant to this Agreement, or by reason of any breach or default
hereunder or thereunder, said dispute shall be resolved pursuant to section 23 of the Interlocal
Agreement between the parties dated (Yakima City Contract
No. 2005-).
17. Notices. All notices, demands, requests, consents and approvals which may or are
required to be given by any party to any other party hereunder shall be in writing and shall be
deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally
recognized overnight delivery service, or if mailed or deposited in the United States mail and
sent by registered or certified mail, return receipt requested, postage prepaid to:
The City at: City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
The District at: Chair
Board of Fire Commissioners
Yakima County Fire Protection District No. 12
5110 Tieton Drive, Suite 370
Yakima, WA 98908
or to such other address as either party hereto may from time to time designate in writing and
deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to
accept delivery. Facsimile transmission of any signed original document and retransmission of
any signed facsimile transmission shall be the same as delivery of an original document. At the
request of either party or the Escrow Holder, the parties will confirm facsimile transmitted
signatures by signing an original document. If the last day of a period falls on a day on which
the recording office of the county in which the Property is closed, the expiration of the period
shall be extended to the first day thereafter in which any such recording office is open.
18. Amendment. No modification, termination or amendment of this Agreement may be
made except by written agreement signed by all parties.
19. Waiver. No failure by the District or the City to insist upon the strict performance of
any covenant, duty, agreement, or condition of this Agreement or to exercise any right or
remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any
other covenant, agreement, term or condition. Any party hereto, by notice and only by notice as
provided herein, may but shall be under no obligation to waive any of its rights or any conditions
to its obligations hereunder or any duty, obligation or covenant of any other party hereto. No
waiver shall affect or alter this Agreement, and each and every covenant, agreement, term and
5 of
11
11
YAKIMA C TY
1
11 1 10
7465764
of 44
Rage 19
0?12912005 09,44A
AGR $82,00 Yakima Co, WA
condition of this Agreement shall continue in full force and effect with respect to any other then
existing or subsequent breach thereof.
20. Survival. Ail provisions of this Agreement which involve obligations, duties or rights
and all representations, warranties and indemnifications made in or to be made pursuant to this
Agreement shall survive the Closing Date and/or the recording of the Deed and shall be
separately enforceable as a contract.
21. Captions. The captions of this Agreement are for convenience and reference only
and in no way define, limit, or describe the scope or intent of this Agreement.
22. Severability. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
23. Counterparts. This Agreement may be executed in any number of counterparts, and
each such counterpart hereof shall be deemed to be an original instrument, but all such
counterparts together shall constitute but one agreement.
24. Additional Acts. Except as otherwise provided herein, in addition to the acts and
deeds recited herein and contemplated to be performed, executed and/or delivered by the
District or the City, the District and the City hereby agree to perform, execute and/or deliver, or
cause to be performed, executed and/or delivered, at the Closing any and all such further acts,
deeds and assurances as the City or the District, as the case may be, may reasonably require
to (a) evidence and vest in the City the ownership of and title to the Property, and (b)
consummate the transactions contemplated hereunder.
25. Neutral Authorship. Each of the provisions of this Agreement has been reviewed
and negotiated and represents the combined work product of both parties hereto. No
presumption or other rules of construction which would interpret the provisions of this
Agreement in favor of or against the party preparing the same shall be applicable in connection
with the construction or interpretation of any of the provisions of this Agreement.
26. Governing Law. This Agreement and the right of the parties hereto shall be
governed by and construed in accordance with the laws of the State of Washington, and the
parties agree that in any such action venue shall lie exclusively in Yakima County, Washington.
27. Time of Performance. Time is specifically declared to be of the essence of this
Agreement and of all acts required to be done and performed by the parties hereto.
28. Entire Agreement. The entire agreement between the parties hereto is contained in
this Agreement, and this Agreement supersedes all of their previous understandings and
agreements, written and oral, with respect to this transaction. Neither the District nor the City
shall be liable to the other for any representations made by any person concerning the Property
or regarding the terms of this Agreement except to the extent that the same are expressed in
this Agreement. This Agreement may be amended only by written instrument executed by the
6c
1111
AKIMA CITY
11
11
1
1
II 111 1 11 7465764
Pagel 20 of 44
07/29/2005 09:44A
AGR $62,00 Yakima Co, WA
District and the City subsequent to the date hereof and approved by the District Commission
and the City Council of the City of Yakima.
29. 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.
EXECUTED this day of , 2005, for YAKIMA COUNTY FIRE PROTECTION
DISTRICT NO. 12.
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
By:
Commissioner Ken Eakin
Chair of Yakima County Fire Protection
District No. 12 Commission
ATTES ED:
By.
Chris Boiselle
Secretary, Yakima Coun y Fire Protection
District No. 12 (West Valley Fire)
•
EXECUTED this day of , 2005, for the CITY OF YAKIMA.
CITY OF YAKIMA
By:
City Manager
ATTESTED:
Yakima City Clerk
Resolution No.
City Contract No.
7 of
110 11 1111
YAKIMA C TY
11
1
1
11 11 1 1 11 7465764
Page: 21 of 44
67/29/2065 69:44A
AGR $62,00 Yakima Co, WA
STATE OF WASHINGTON )
) ss.
County of Yakima
On this day personally appeared before me Ken Eakin, to me known to be Commission
Chair of Yakima County Fire Protection District No. 12, the entity that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said entity, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN UNDER
day of , 2005.
STATE OF WASHINGTON
) ss.
County of Yakima
Printed Name)
Notary Public in and for the State of
Washington, residing at
My commission expires 8I C:5-1
On this day personally appeared before me R. A. Zais, Jr., to me known to be the City
Manager of the City of Yakima, the municipality that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
municipality, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN UNDER my hand and official seal this day of , 2005.
(Printed Name)
Notary Public in and for the State of
Washington, residing at
My commission expires
8 o
AKIMA C TY
u
11
1
1
11
11
11
11
7465764
Page, 22 of 44
07/29/2005 09:44A
AGR $2,00 Yakima Co) WA
Upon Recording, return original to
GRANTOR:
GRANTEE:
LEGAL DESCRIPTION
(abbreviated):
Assessor's Tax Parcel Nos:
Ref. No. of Related Doc(s):
EXHIBIT.
STATUTORY WARRANTY DEED
Yakima County Fire Protection District No. 12, a municipal
corporation
City of Yakima, a municipal corporation
Parcel A, B & C, Portion of the SW %4 of the SW' of
Section 20, Township 13 North, Range 18, E.W.M.
#181320-33004 and #181320-33014
THE GRANTOR, YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12, a Washington
municipal corporation, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration, in hand paid, conveys and warrants to CITY OF YAKIMA, a Washington
municipal corporation, GRANTEE, the following described real estate situated in the County of
Yakima, State of Washington:
PARCEL A:
That part of the Southwest quarter of the Southwest quarter of Section 20,
Township 13 North, Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the
Southwest corner thereof;
thence North 160 feet;
thence East 100 feet;
thence South 160 feet to the South line of said subdivision;
thence West 100 feet to the point of beginning;
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded
June 13, 2002 under Auditor's File No. 7278294
PARCEL B:
That part of the Southwest quarter of the Southwest quarter of Section 20,
Township 13 North, Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the
Southwest corner thereof;
thence North 160 feet to the point of beginning;
thence North 30 feet;
thence East 100 feet;
thence South 30 feet;
thence West 100 feet to the point of beginning
1 of
YAKIMA C TY
11
11
1
1
u
n
7465764
Page: 23 of 44
67/2912065 69:44A
RGR $82,00 Yakima Co, WR
PARCEL C:
That part of the Southwest quarter of the Southwest quarter of Section 20,
Township 13 North, Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said Section, 775 feet East of the
Southwest corner thereof;
thence North 190 feet;
thence East 110 feet;
thence South 190 feet to the South line of said Section;
thence West 110 feet to the point of beginning,
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded
June 13, 2002 under Auditor's File No. 7278294
Subject to the Lease Agreement between the Grantor and the Grantee dated
, as referenced in the Interlocal Agreement (City Contract No. 2005- ).
Dated this day of , 2005.
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
By:
Ken Eakin
Commissioner Chair
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared before me Ken Eakin, to me known to be Commission
Chair of Yakima County Fire Protection District No. 12, and on oath stated that he was
authorized to execute this document on behalf of the District for the uses and purposes therein
mentioned.
GIVEN UNDER my hand and official seal this day of , 2005.
(Printed Name)
Notary Public in and for the State of
Washington, residing at
My commission expires
101I
YAKIMA CITY
1
II 1111 7465764
Page 24 of 44
671291605 09:44A
AGR 52,66 Yakima Co, WA
EXHIBIT E
LEGAL DESCRIPTION
PARCEL A:
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North,
Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the Southwest corner
thereof;
thence North 160 feet;
thence East 100 feet;
thence South 160 feet to the South line of said subdivision;
thence West 100 feet to the point of beginning;
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded June 13, 2002
under Auditor's File No. 7278294
PARCEL B:
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North,
Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the Southwest corner
thereof;
thence North 160 feet to the point of beginning;
thence North 30 feet;
thence East 100 feet;
thence South 30 feet;
thence West 100 feet to the point of beginning
PARCEL C:
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North,
Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said Section, 775 feet East of the Southwest corner
thereof;
thence North 190 feet;
thence East 110 feet;
thence South 190 feet to the South line of said Section;
thence West 110 feet to the point of beginning,
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded June 13, 2002
under Auditor's File No. 7278294
11
11
1111
YAKIMA CITY
11
11
1
1
II 11 11 11 746576254
Page: of 44
67128/2@05 09:44A
AGR $62.06 Yakima Co, WA
Upon Recording, return original to
Grantor(s):
Grantee(s):
Legal Description:
Tax Parcel No(s):
Ref. No. of Related Doc(s):
EXHIBITF_
FIRE STATION LEASE
City of Yakima, a municipal corporation
Yakima Fire District No. 12, a municipal corporation
FIRE STATION LEASE
THIS FIRE STATION LEASE ("Lease") is entered into this day of
2005, between the CITY OF YAKIMA, a Washington municipal corporation ("Lessor"), and
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12, aka West Valley Fire District, a
Washington municipal corporation ("Lessee").
WHEREAS, Lessor is a first-class city operating under and in accordance with
Washington State law; and
WHEREAS, Lessee is a fire protection district created pursuant to Title 52 RCW; and
WHEREAS, pursuant to RCW 52.12.021 and RCW 52.12.031, Lessee may, inter alia,
own, lease, and manage real property to carry out its purposes; and
WHEREAS, one of both the Lessor's and Lessee's purposes is the provision of
emergency medical services and the protection of life and property; and
WHEREAS, Lessor wishes to lease to Lessee and Lessee wishes to lease from Lessor
a portion of the Lessor's Fire Station located at 7707 Tieton Drive, Yakima, Washington (the
"Fire Station"), to be used in conjunction with Lessee's provision of fire protection and
prevention and emergency medical services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Description of Leased Premises. The Lessor hereby leases a portion of the Fire
Station to the Lessee (the "Premises"). The Premises includes the non-exclusive use of the
entire property for the purposes set forth in Section 4 of this Lease, except as may be
specifically otherwise provided in Section 4 of this Lease.
1.1 Exhibits. The following exhibits describe the Fire Station and the Premises and
other Exhibits attached hereto.
1 of 1
IVI
RUMP C TY
11
11
1
1
II 11 11 11
7465764
Page 26 of 44
07/2912005 09,44A
AGR $62,00 Yakima Co) WA
Exhibit 1
Exhibit 2
Legal Description of Fire Station
Joint Operation Plan
(Hereinafter, reference to the entire property located at 7707 Tieton Drive, Yakima,
Yakima County, Washington, inclusive of the Leased Premises, shall be referred to as
the "Fire Station Premises.")
2. Term. The term of this Lease shall be five (5) years, commencing on July 1, 2005,
and terminating on June 31, 2010, unless sooner terminated hereunder in accordance with
Section 19 or by mutual agreement of the Parties. The parties shall, at the request of either
party, meet at least 180 days prior to the expiration of the Lease to discuss the terms and
conditions of a renewal, if any.
3. Rent and Utilities. As consideration for this Lease, the parties have executed an
Interlocal Agreement recorded under Yakima County Auditor's File Number
providing for the Distribution of Assets to the Lessor by the Lessee. As
a condition of that Agreement, the Lessee transferred title to the Fire Station Premises to the
City, subject to this Lease. Accordingly, and except as otherwise provided by said Interlocal
Agreement, the Lessee shall not be required to pay any rent, fee, charge, tax or assessment
related to its use and occupancy of the Fire Station Premises during the term of this Lease. The
Lessee shall be obligated to pay its pro rata share of operating expenses of the Fire Station
located on the Fire Station Premises according to the terms of this Lease; however, such
charges are not considered rent.
3.1 Prorated Utilities. The Lessee shall be responsible for its reasonable pro
rata share of the utility charges occasioned by the use of the Premises by the Lessee.
The Lessor and Lessee shall meet and review the actual utility charges and make a
reasonable adjustment, if necessary, to fairly prorate the utility charges paid by Lessee.
The Lessee shall continue to pay the utility charges until the parties fix another amount.
In such an event, the parties will retroactively adjust the utility payment. Any dispute
between the parties as to each parties reasonable share of pro rated utilities shall be
resolved pursuant to section 23 of the Interlocal Agreement recorded under Yakima
County Auditor's File Number (City Contract No. 2005- ).
3.2 All Other Utilities. Each party shall be responsible for the payment of all
utilities that it independently contracts for and shall save and defend the other party
harmless from any and all such charges.
4. Use of Premises. Lessee shall use the Premises for the operation of fire protection
and emergency response services operating from the Fire Station Premises and activities of the
District related thereto, including without limitation the stationing of two (2) vehicles and crew,
and related activities and purposes of the Lessee.
4.1 Joint Operation Plan. The Parties shall operate the Fire Station and
responses therefrom consistent with the Operation Plan attached as Exhibit 2.
4.2 Code of Conduct. The parties agree that all personnel of each party who
are on the Premises shall observe any jointly adopted "Code of Conduct" as may exist in
the future. It is the intent of the parties that the approval of by the respective Fire Chief
of each party shall be sufficient in terms of the adoption of a joint "Code of Conduct" for
the Fire Station .
2of1,
11
11
IIII
YAKIMA C TY
011
IIu
III
11 111 1 ll 7465764
Page c7 of 44
729/2005 09:44A
RGR $09,00 Yakima Co, WA
4.3 City Sleeping Quarters are exclusive occupancy of the City and City
Personnel. It is the parties' intent that any areas designated by the Fire Chiefs for both
the City and the District as sleeping quarters for City g personnel ("City Sleeping
Quarters") shall be deemed to be exclusive in term of occupancy to the City and City
personnel. The District and District personnel shall have no right to occupy said City
Sleeping Quarters and the District shall have no obligation for furnishing, maintain or
repairing the City Sleeping Quarters, or any improvements, fixtures or furnishings
located therein. The area so designated as the City Sleeping Quarters shall not be
considered a common area.
5. Improvements by Lessee. Subject to obtaining written approval from Lessor,
Lessee may make and install, at its own expense, such improvements as are normal and
customary in connection with the activity described in Section 4. Lessee's contractor, if any,
shall be subject to Lessor's approval, which will not be unreasonably withheld. Lessor reserves
the right to condition its approval upon the Lessee's providing satisfactory payment and/or
performance bonds. Lessee shall submit plans to and obtain written approval from Lessor
before commencing any improvements. All improvements by Lessee shall conform to all
applicable federal, state and local laws and regulations, including but not limited to the
requirements of the Americans with Disabilities Act, 42 USC 12111 et seq.
5.1 Disposition of Improvements at End of Lease. Lessee shall have the right
to remove all equipment, personal property and improvements which are not fixtures,
which may have been placed upon the Premises by itself during the period of this Lease,
providing that the same are removed before the Lease is terminated and that the Lease
is in good standing. Any improvements not removed from the Premises by the
conclusion of the Lease shall, at Lessor's option, revert to Lessor. The leased Premises
shall be restored by Lessee to conditions prevailing at the time of initiation of the Lease,
normal wear excepted. All improvements which are to be designated fixtures shall be so
designated by Lessor upon Lessor's approval of the plans for such improvements.
5.2 Removal of Property. If Lessee fails to remove any of its personal property
from the Premises or the Fire Station at the termination of this Lease, or when Lessor
has the right of re-entry, Lessor may, at its option, remove and store said property
without liability for loss thereof or damage thereto, such storage to be for the account
and at the expense of Lessee. If Lessee fails to pay the storage costs after thirty (30)
days or more, Lessor may, at its option, sell any or all of such property at public or
private sale, in such manner and at such times and places as Lessor, in its sole
discretion, may deem appropriate, without notice to Lessee, and shall apply the
proceeds of the sale first to the costs of the sale, including attorney's fees, second to the
storage costs, third to the payment of any amounts then or thereafter due to Lessor from
Lessee under this Lease. The balance, if any, shall be returned to Lessee.
6. Condition of Property. Lessee accepts the leased Premises "as is" without further
maintenance liability on the part of the Lessor, except as stated herein. Except as specifically
stated herein, Lessee is not relying upon any representations of Lessor as to the condition or
usability, except Lessor's right to grant a lease of the property.
6.1 Lessor's Maintenance. Except as provided in Section 6.2, Lessor shall be
responsible for maintenance of the roof, exterior walls, exterior doors, mechanical,
3 of 1
II
11
1111
YAKIMA CITY
11
11
III
11
III II 7465764
Page; 28 of' 44
07'29/2005 09,44A
GR $'82.00 Yakima Co, WA
electrical and plumbing system, residential areas and utilities servicing the residential
areas except when damage is caused by the Lessee, in which case the Lessee shall
repair and restore the same.
6.2 Joint Maintenance. The Parties hereto shall be jointly responsible for the
maintenance of all plumbing fixtures, electrical fixtures, the hot water heater servicing
the common areas, interior walls, doors, floor coverings, countertops and appliances,
except for such fixtures and equipment located in the residential area.
7. Personal Property of the Other Party. The parties hereto agree that the each party
shall be responsible for its own personal property and shall be solely responsible for any
property loss or damage done to its own property, whether real, personal or mixed, occasioned
by reason of any fire, storm or other casualty whatsoever, except for damage that is caused by
another party or the other party. Each party shall be responsible for the acts or negligence of its
employees, agents, contractors, and volunteers. It shall be each party's responsibility to provide
its own protection against casualty losses of whatsoever kind or nature, regardless of whether
or not such loss is occasioned by the acts or omissions of the Lessor, Lessee, third party or act
of nature.
8. Insurance. The Lessee covenants and agrees that it will, at all times during the
existence of this Lease, carry a comprehensive general liability insurance policy, naming both
parties hereto as insured, with a bodily injury amount of not less than $1,000,000.00 aggregate
per occurrence. Lessee shall provide evidence of such insurance and a certificate of insurance
to Lessor. The Lessee believes and states that the insurance obligation herein does not exceed
that which the Lessee would otherwise normally place upon itself and obtain in order to operate
its business in a prudent manner.
9. Lessee Will Obtain Permits. Lessee agrees to obtain and comply with all necessary
permits for any leasehold improvement. If Lessee fails to obtain and comply with such permits,
then Lessee accepts full responsibility for any and all costs incurred by Lessor, including actual
attorneys' fees. In this way, Lessee agrees to hold harmless Lessor from any liability and to
fully reimburse expenses of Lessor for Lessee's failure to fully comply with any necessary
permit process and requirements.
10. Liens. Lessee agrees to keep the Premises described herein free and clear of all
liens and charges whatsoever. Lessee shall not allow any materialman's, mechanic's or other
liens to be placed upon the leased Premises. If such a lien is placed of record, Lessee shall
cause it to be discharged of record, at its own expense, within ten (10) days of Lessor's
demand. Failure to comply with Lessor's demand within ten (10) days shall be a default under
the terms of this Lease.
11. Indemnification and Hold Harmless.
11.1 Indemnification by Lessee of Lessor. The Lessee agrees that it will
protect, save, defend, hold harmless and indemnify the Lessor, its officers, employees
and agents from any and all costs and expenses (including reasonable attorneys' fees),
demands, claims, judgments, or liability for loss or damage arising as a result of
accidents, injuries or other occurrences occasioned by either the negligent or willful
conduct of the Lessee, its officers, employees, volunteers, agents or any person or entity
4 of
11
11
1111
YAKIMA C TY
11
11
1
1
11
II II II 7465764
Page: 29 of 44
67/2912665 69:44A
GR Se ,08 Yakima Co, WA
holding under the Lessee or any person or entity on the Premises or on the Lessor's
property as a result of Lessee's activity, regardless of who the injured party may be.
11.2 Indemnification by Lessor of Lessee. The Lessor agrees that it will
protect, save, defend, hold harmless and indemnify the Lessee, its officers, employees
and agents from any and all costs and expenses (including reasonable attorneys' fees),
demands, claims, judgments, or liability for Toss or damage arising as a result of
accidents, injuries or other occurrences occasioned by either the negligent or willful
conduct of the Lessor, its officers, employees, volunteers, agents or any person or entity
holding under the Lessor or any person or entity on the Premises or on the Lessee's
property as a result of Lessor's activity, regardless of who the injured party may be.
11.3 In the event that the officials, officers, agents, and/or employees of both the
District and the 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 attorneys' fees).
11.4 Nothing contained in this Section or this Agreement shall be construed to
create a right of indemnification in any third party.
11.5 The provisions of this Section shall survive the termination or expiration of
this Agreement with respect to any event occurring prior to such termination or
expiration.
12. Laws and Regulations. The Lessee agrees to conform to and abide by all lawful
rules, codes, laws and regulations in connection with its use of said Premises and the
construction of improvements and operation of its' business thereon and not to permit said
Premises to be used in violation of any lawful rule, code, law, regulation or other authority.
13. Waste and Refuse. The Lessee agrees not to allow conditions of waste and refuse
to exist on the above-described Premises and to keep the premises in a neat, clean, and orderly
condition and to be responsible for all damages caused to the leased Premises by the Lessee,
its officers, employees, volunteers, agents, or invited guests of the Lessee.
14. Signs. Signs in existence as of the date of this lease shall remain. Upon the
completion of a remodel of Station 1, both the City and the District may each install a sign or
signs of their own choosing for their respective entities at their own cost in locations that shall be
reasonably and mutually agreed upon prior to installation.
15. Equal Opportunity. Lessee agrees that in the conduct of activities on the leased
Premises, it will be an equal opportunity employer in accordance with Title VII of the 1964 Civil
Rights Act and will comply with all requirements of the Americans with Disabilities Act of 1990.
16. Litigation Between Lessor and Lessee. Except for actions seeking declaratory
relief, in the event of any dispute arising between the Parties to this Lease, any such dispute
shall be submitted to binding arbitration as provided herein. The Parties shall select an
independent and unbiased arbitrator who is not affiliated directly or indirectly with either Party
within thirty (30) days after either Party demands arbitration. If the Parties fail to select, or
cannot agree upon, an arbitrator within this time, then either party may apply to the Superior
Court of Yakima County pursuant to RCW 7.04 et seq. for an order appointing an arbitrator.
Such application may be made at any time after the thirty (30) day period has expired. Upon
5of'
0
11
1111
AKIMR CITY
11
11
1
1
11
III I II 7465764
Page: 30 of 44
07/29/2005 09:44A
GR $62,00 Yakima Co, WA
application to the court for an arbitrator, the Court shall select an arbitrator. If the arbitrator
requests a hearing prior to rendering his/her decision, such hearing shall be held in Yakima
County, Washington. The arbitrator's decision shall be binding on both Parties. Each Party
shall bear its own expenses associated with the arbitration but shall share equally the costs of
the arbitrator. RCW Chapter 7.04 and Rules 5.2 through 5.4 of the Mandatory Arbitration Rules
for Superior Court ("MAR") shall govern the arbitration. In the event of any inconsistencies
between this Binding Arbitration Section, RCW Chapter 7.04, and MAR 5.2 through 5.4, the
terms of the Binding Arbitration Clause shall take precedence over RCW Chapter 7.04 and MAR
5.2 through 5.4, and RCW Chapter 7.04 shall take precedence over MAR 5.2 through 5.4.
17. Assignment of Lease. Lessee shall not assign, rent or sublease any portions of
this Lease or any extension thereof, without the prior written consent of Lessor, and no rights
hereunder or in or to said Premises shall pass by operation of law or other judicial process or
through insolvency proceedings.
18. Termination. Upon termination of this Lease or any extension thereof, whether by
expiration of the stated term or sooner termination thereon as herein provided, Lessee shall
surrender to Lessor said Premises peaceably and quietly and in the same condition in which
they existed prior to possession by Lessee.
19. Default.
19.1 Default by Lessee and Termination of Lease. If the Lessee fails to
perform any term or condition of this Lease, such failure shall constitute a default under
the terms of this Lease. Upon receipt of a written notice of default from the Lessor,
Lessee shall have thirty (30) calendar days in which to reasonably cure said default. If
the default has not been reasonably cured within said thirty (30 calendar day period, the
Lessor may terminate the Lease by providing written notice of termination to Lessee.
Twenty one (21) calendar days from the date of the termination notice, if the Lessee has
not cured the defaults, the Lease shall terminate and the Lessor shall have the right
thereafter to immediately enter upon and take possession of the Premises. The Lessee
shall pay all costs of the Lessor related to the enforcement of this Lease after the
expiration of the thirty -day notice of default if said default is not reasonably cured within
the first thirty -day cure period.
19.2 Default by Lessor and Termination of Lease. If the Lessor fails to
perform any term or condition of this Lease, such failure shall constitute a default under
the terms of this Lease. Upon receipt of a written notice of default from the Lessee,
Lessor shall have thirty (30) calendar days in which to reasonably cure said default. If
the default has not been reasonably cured within said thirty (30 calendar day period, the
Lessee may terminate the Lease by providing written notice of termination to Lessor.
Twenty one (21) calendar days from the date of the termination notice, if the Lessor has
not reasonably cured the defaults, the Lease shall terminate and the Lessee shall no
longer be obligated hereunder. The Lessor shall pay all costs of the Lessee related to
the enforcement of this Lease after the expiration of the thirty -day notice of default if said
default is not reasonably cured within the first thirty -day cure period.
20. Non -Waiver. No act or omission of a non -defaulting party after a default by the
defaulting party shall operate as a waiver of any past or future default or deprive the non -
6 of 1
II
N
1111
YAKIMA C TY
0011
1
1
II 11 1 1 11 7465764
Page: 31 of 44
07/99/9065 09.44A
AGR X69,06 Yakima Co, WA
defaulting party of its right to terminate this Lease or be construed to prevent the non -defaulting
party from promptly exercising any other right or remedy it has under this Lease.
21. Notices. Any notice, demand, request, consent, approval or communication munication that
either party desires or is required to give to the other party shall be in writing addressed to the
other party at the addresses as follows:
If to the District:
Chair
Board of Fire Commissioners
Yakima County Fire Protection District No. 12
5110 Tieton Drive, Suite 370
Yakima, WA 98908
if to the City:
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
or such address as may have been specified by notifying the other party of the change of
address. Notice shall be deemed served on the date of actual delivery or the first attempted
delivery as shown on the return receipt if mailed with the United States Postal Service by
certified mail, return receipt requested.
22. Quiet Enjoyment. Lessor acknowledges that it has ownership of the property
heretofore described and that it has the legal authority to lease said property unto Lessee.
Lessor covenants that Lessee's right of occupancy shall not be disturbed during the term of this
Lease so long as the terms are complied with by Lessee and subject to that clause in this Lease
dealing with the right of Lessor to enter upon the leased Premises, and subject to the joint
occupancy requirements and rights herein. Similarly, the Lessee acknowledges that the Fire
Station Premises are jointly occupied by both parties. Accordingly, each party hereto has the
obligation to the other to provide the right of quiet enjoyment of the Fire Station Premises
subject to the joint and non-exclusive occupancy.
23. Interpretation. In any dispute between the parties, the language of this Lease shall
in all cases be construed as a whole according to its fair meaning and not for or against either
the Lessor or the Lessee. If any provision is found to be ambiguous, the language shall not be
construed against either the Lessor or Lessee solely on the basis of which party drafted the
provision. If any word, clause, sentence, or combination thereof for any reason is declared by a
court of law or equity to be invalid or unenforceable against one party or the other, then such
finding shall in no way affect the remaining provisions of this Lease.
24. Holding Over. If the Lessee remains in possession of said premises after the date
of expiration of this Lease, with the written consent of the Lessor, it is hereby agreed and
understood that until such time as a new agreement in writing shall be entered into between the
parties thereto, Lessee shall do so subject to all of the terms and conditions of this Lease. Said
holdover tenancy may be terminated by either party at the end of any such monthly period by
sending written notice not less than five (5) days before the end of such period.
of 1, lylip11111111111111111
7476
654
Page 32 of 44
07/29/2005 09:44A
AGR $82,00 Yakima Co, WR
25. No Effect on Other Agreements. Unless specifically referenced herein, this
Agreement shall not modify or alter any existing prior agreements between the parties.
26. Entire Agreement. This Lease contains all of the understandings between the
parties. Each party represents that no promises, representations or commitments have been
made by the other as a basis for this Lease which have not been reduced to writing herein. No
oral promises or representations shall be binding upon either party, whether made in the past or
to be made in the future, unless such promises or representations are reduced to writing in the
form of a modification to this Lease executed with all necessary legal formalities by each party
hereto and this instrument has been signed and executed by the parties, the day and year first
above written.
27. Governing Law. This Lease shall be governed by and construed in accordance
with the laws of the State of Washington.
28. Venue. The venue for any action to enforce or interpret this Lease shall lie in the
Superior Court of Washington for Yakima County, Washington.
29. Authority of the City and the District. The City and the District represent and
warrant that each is a Washington municipal corporation duly organized, validly existing and in
good standing under the laws of the State of Washington. The City and the District have full
right, power and authority to execute this Agreement. No other authorizations or approvals,
whether of governmental bodies or otherwise, will be necessary in order for the City or the
District to enter into this Agreement.
8 of 11 1111
YAKIMR CITY
11
11
1
1
11
1
OR
11
I II 7465764
Page 33 of 44
0712912005 09:44A
$62,00 Yakima Co, WA
30. Filing with County Auditor. The Yakima City Clerk shall file and record a copy of
this Lease with the Yakima County Auditor's Office immediately following the mutual execution
of this Agreement.
LESSEE:
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
By:
Commissioner Ken Eakin
Chair of Yakima County Fire Protection
District No. 12 Commission
By:
Chris'` iselle
Secretary, Yakima C: my Fire Protection
District No. 12 (West Valley Fire)
LESSOR:
CITY OF YAKIMA
By:
City Manager
ATTESTED:
Yakima City Clerk
Resolution No.
City Contract No.
9ofl 11 11 1111
YAKIMA CITY
11
11
1
1
11
7465764
Page, 34 of 44
07129/2005 09,44A
GR $62.00 Yakima Co, WA
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared before me Ken Eakin, to me known to be Commission
Chair of Yakima County Fire Protection District No. 12, the entity that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said entity,. for thei,:usses and •urposes therein mentioned, and on oath stated that he was
authorized to execute thnt.
, 2005.
•
STATE OF WASHINGTON )
) ss.
County of Yakima )
(Printed Name)
Notary Public in and for the State of
Washington, residing at
My commission expires
al 101
On this day personally appeared before me R. A. Zais, Jr., to me known to be the City
Manager of the City of Yakima, the municipality that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
municipality, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN UNDER my hand and official seal this day of , 2005.
(Printed Name)
Notary Public in and for the State of
Washington, residing at
My commission expires
10 of
M
1111
AKIMA C TY
11
11
1
1
11
1
111
11
7465764
Page: 35 of 44
07129/2065 69:44A
GR $62,00 Yakima Co, WA
EXHIBIT G
STATION NO. 1 OPERATION PLAN
Statement of Policy
To provide an Automatic Response Plan for the Yakima Fire Department (YFD)
Station 92 Area while Co -Located with Yakima County Fire Protection District No. 12
Personnel and Equipment
Objectives
• Increase the level of safety for responders.
• Provide seamless, quality fire and EMS service to a geographical area while co -
located at YFD Station 92.
• Ensure the efficiency and effectiveness of both emergency incidents and
preplanned events
• Comply with known incident management laws and standards including:
a. WAC 296-305 Safety Standards for Firefighters;
b. NFPA 1500—Standard for Fire Department Occupational Safety and
Health program;
c. NFPA 1561—Standard Emergency Services Incident Management
System.
Responsibility
• All members of the Yakima Fire Department and Yakima County Fire Protection
District No. 12 who manage either incidents or events are responsible for
ensuring that the NIMS/ICS is utilized in a manner consistent with this policy.
• The first -arriving company or duty officer shall initiate/establish command and
transfer it upon arrival of a Command Officer from agency having jurisdiction.
• A Chief Officer shall be responsible for overseeing the field application of the
NIMS/ICS.
• A Chief Officer shall be responsible for the consistent utilization of NIMS/ICS in
their battalions and departments.
• Company Officers are responsible for the consistent utilization of NIMS/ICS in
their companies and Stations.
• Both Agencies shall be responsible for creating the fire report on any alarm
responded to. First -arriving companies are empowered to downgrade or
upgrade the response of incoming companies.
Service Areas
This Automatic Response Agreement shall apply to fire suppression services,
emergency medical services, and any other services as agreed between the parties
within the 4 -minute response area and the Cowiche Canyon Area. Maps of the
respective service area are included as Exhibits in the agreement.
Page 1111
n
SIB
YAKIMA CITY
11
11
1
I III 1117465764
Page 36 of 44
07/29/2005 8944A
GR $62.00 Yakima Co, WR
Procedure
Equipment and Personnel: For a multi -company incident in the City where the
dispatcher expects the City Engine in Station 92's area to be out of service for over 20
minutes, Dispatch shall alert Yakima County Fire Protection District No. 12 personnel to
staff their apparatus located at Station 92 for coverage.
Dispatch: An incident involving both agencies will be simultaneously dispatched for
both agencies and all communications will be immediately routed to the agency having
jurisdictions' primary channel. For example, radio traffic dealing with a structure fire at
7002 Occidental would be routed to County Fire Main. In contrast, radio traffic dealing
with a car accident at 72nd/Tieton Drive would be routed to City Fire Main or City Fire
Ops. The following matrix for call types shall serve as a guideline for both agencies
dispatching run cards.
Incident Type
City Responsibility
City Coverage/
District No. 12
Responsibility
District No. 12
Responsibility
1st Alarm (Structure
Fires)
City 1st Alarm
Assignment
Closest City Engine/
District 1st Alarm
District 1st Alarm
Single Company
Response (EMS,
Car Fire, etc)
City Engine
City Engine
District
Engine/Rescue
Multi -Engine
response
(Automatic Alarms,
Unknown Fires, etc)
2 City Engines
City Engine, District
Engine
District Engine
Small Brush Fire
City Engine
City Engine
District Brush
Large Brush Fire
City Engine, City
Brush, City BC
City Engine, 2
District Brush,
Tender, District
Command
2 District Brush,
District Engine,
Tender and
Command
Cross Training: Staff of each agency will meet to establish a schedule for cross
training of personnel to facilitate more efficient operation when working together.
Command and Control: The first -arriving company or duty officer shall
initiate/establish command and have it possibly assumed upon arrival of an officer from
the agency having jurisdiction per YFD SOP #4.106 Incident Command and Yakima
County Fire Protection District No. 12 Policy #1106 Incident Command System.
Page
11
N
1
1
7465764
Page; 37 of 44
07129/2005 09:44A
AGR $62,00 Yakima Co, WA
EXHIBIT H
BILL OF SALE—BRUSH UNIT
KNOW ALL MEN BY THESE PRESENTS: That for and in good and valuable
consideration as set forth in the Interlocal Agreement between Yakima County Fire Protection
District No. 12, aka West Valley Fire ("District"), and the City of Yakima ("City") (City Contract
No. 2005- ) dated , 2005, the District does hereby convey, grant,
bargain, sell, assign and transfer to the City the following described automobile:
Make/Model/Year:
VIN Number:
1991 Ford F-350 Fire Apparatus
2FDKF38G4MCA59802
This automobile is sold "as is" and "where is" without any warranty of fitness or merchantability
express or implied.
EXECUTED this day of
DISTRICT NO. 12.
, 2005, for YAKIMA COUNTY FIRE PROTECTION
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
By:
Commissioner Ken Eakin
Chair of Yakima County Fire Protection District No. 12 Commission
ATT - ED:
1110
B
Chnsty Boiselle, Sec
Yakima County Fire Protection District No. 12
EXECUTED this day of , 2005, for the CITY OF YAKIMA.
CITY OF YAKIMA
By:
R. A. Zais, Jr.
City Manager
ATTESTED:
Karen S. Roberts
Yakima City Clerk
Resolution No.
City Contract No.
MI 1111111111
AKIMA CITY
11
11
1
1
II 1 111 11 7465764
Page: 38 of 44
07/29/2005 09:44A
AOR $8210 Yakima Co, WA
EXHIBIT I
List of Equipment on Brush Unit
Street side
#1
Trauma kit
Two flashlights
Binoculars
Earplugs
Three boxes of particulate masks
Two clipboards
One wildland helmet
Two pairs of structure gloves
Two headlamps
Spare AA batteries
#2
Tool box
Pruning shears
Five bladder bags
One rescue tool
Two 4" x 4" blocks
Extra D batteries
One curve claw hammer
Two aluminum poles
Two crowbars
Hacksaw
Forest axe
Two Pulaski's
One pair of bolt cutters
One hatchet
One shovel -axe -hoe -pick kit
Pickaxe
Two tire irons
Tire chains
Two mop -up wands
#3
Portable pump
Antifreeze 50/50 mix
Wheel chalks
Bucket with misc. straps
Jumper cables
One gallon and three quarts of 15/40 oil
Air filter for Brush Unit
Two serpentine belts
One tow chain
One bottle jack
11 11 1111
YAKIMA CITY
11
0
1
1
II 1 1 11 11 7465764
Page: 39 of 44
07129/2005 09:44A
AGR $52,00 Yakima Co, WR
Back side
#4
Pickaxe
Booster hose line
Two class B fire extinguishers
Four orange traffic cones
Curb Side
#5
600', 1" wildland hose
One section of 2W supply line
One small booster hose section
300', 13/4' fire service
200', 11/2" wildland hose
One red pack
#6
Two 1" plastic -tip combination nozzles
Two metal 1" combination tip nozzles
One metal 1 /2', 60-gpm nozzle
One plastic 1W nozzle
Three combination forestry nozzles
One 1" foam aspirating nozzle
One 11/2' Bubble Cup
One toy combination tip with gated valve
One garden hose nozzle
Two nongated toy valves
Two gated toy Y valves
Garden hose aspirating foam nozzle
One toy combination tip nozzle
One DNR all -in -one nozzle
Two small -diameter spanners
Two folding spanners
Two Forest Service small spanners
Two small -diameter hose clamps
Two 11/2" female to 2W male couplings
Two 2'/2' female to 1W male couplings
One 21/2' double female coupling
One 2" female pipe to 2W fire coupling
Three 11/2' female pipe to 2/2' fire couplings
Three VA" female to 1" male fire coupling
One /2" pipe to 1'/2' fire double female coupling
One 1/2" female to toy male coupling
One VA" double male coupling
Four 1W DNR VA" fire coupling
One VA" fire to 11/2" DNR coupling
Two 11/2" pipe to DNR couplings
1" fire double male coupling
Five 1" female to toy male couplings
111111111 7465764
Rage: 46 of 4
070/2005 094 44R
YAKIMA CITY RGR x62,00 Yakima Co, W
One 1" double female coupling
Two DNR to toy male couplings
1" pipe female to 1" male coupling
1" female pipe to 1 %/' fire coupling
One 11/2' female pipe to 1" fire coupling
One DNR to 1" male fire coupling
Two forest 11/2" pressure release valves
One 1W DNR pressure release valve
1W pipe to 1W female quick release valve
One 13/4' male pipe to 11/ female coupling
One hydrant wrench
One 1'/z" male quick release agricultural to 21/2' male fire coupling
One 11/2" agricultural to 11/2" fire coupling
One 2W gated valve
One DNR one-way valve
One 2W to 11/2' gated Y
One 11/2" to 1" gated Y
DNR three-way manifold
One mop -up wand
Misc. gaskets
#7
Five gallons of class A foam
Two traffic signs
Four orange vests
Two Nomex helmet shrouds
Two boxes of fusees
Cab
Two flashlights
One hazmat guide
Maps
Winch controls
II 1 11 7465764
Page; 41 of 44
07/29/2005 09:44A
AGR 182,00 Yakima Co, WA
EXHIBIT J
List of Equipment on Rescue 17
Street side
#1
One bag of oil absorbent pads
One bucket of absorbent material
One reserve bottle of oxygen
One push broom
One spade -tip shovel
One axe -rake -shovel kit
Two crowbars
One small pickaxe
Set of tire chains
#2
One Holmatro hydraulic pump
One can of hydraulic oil
One can of plain gas
One Holmatro steering wheel cover
One Holmatro spreader/ram
One jaws
One spreader/cutter combi tool
One Holmatro ram support
One large come -along strap
One roll of duct tape
Two steering wheel puller chains with hooks
Two chain adapters with hooks for ram
One large tow strap
One nylon Holmatro strap
Three sets of Holmatro hoses
One add -a -link come -along adapter
#3
Two Survivair SCBA masks
Two Survivair SCBA packs
Two spare SCBA bottles
One class B fire extinguisher
One 12' x 18' tarp
One wool blanket
Two hazmat cocoons
Misc. carabiners and pulleys
Two rope kits
Back side
#4
Two exterior scene lights
II
IIffl
1111
YAKIMA C TY
11
11
11
I II I II 7465764
Page: 42 of 44
07?29/2005:09:44R
GR $62,00 Yakima Co, 1,1A
Curb Side
#5
Misc. cribbing, 2" x 4", 4" x 4", 2" x 6", 8" x 8"
Two black progressive cribbing steps
Two large rubber wedges
One small rubber wedge
Four hose sections for sharp ends
One Glas Master rescue tool
One hacksaw with misc. blades
One can of insulation adhesive
Four pairs of XL Kevlar extrication gloves
Two pairs of large Kevlar extrication gloves
One pair of leather work gloves
Duct tape
One tube of repair putty
Size D batteries
One seatbelt cutter
One can of warning paint
One bag of earplugs
One airbag inflater hose with gauges
Air chisel
Rotary saw
Two bundles of nylon cord 48' in length
Fire line tape ribbon
Misc. air fittings
Two boxes of particulate respirators
One set of tire chains
Jumper cables
Nylon tow strap
Drop hitch with ball
Spare SCBA bottle for air bags
One large and one small air bag
#6
Fusees
Seven orange traffic cones
Two traffic signs
Five orange vests
One flashlight with traffic cone
Tool box
#7
Five stream light flashlights, two with traffic cones
#8
Batteries
11
11
1111
YAKIMA C TY
u
11
1
1
II 1 11 1 11 7465764
Page: 43 of 44
07/29/2005 09:44A
AGR $62,00 Yakima Co, WA
Cab
Maps
Cell phone
Clipboards
Spotlight
Portable Radio—MT 1000
Two safety vests
Interior Compartment
Mounted suction
One box of small, medium, large, and XL latex gloves
Aid kit
Trauma kit
Suction kit manual
Electronic suction kit
AED
Vionex hand wipes
Hand sanitizer
DynaMed multi -cuff blood pressure organizer
Ob kit
Particulate respirators
Goggles
Two spare oxygen bottles
Infectious control kit
Trauma dressings
Large supply of oxygen connections
Sharps container
Suction tubing
Suction catheters and tips
Saline solution
Triage tags
Gowns
Extra tape
Triangular bandages
Syrup of ipecac
KY Jelly
Kling wrap
Bulb suctions
Cold packs
Heat packs
Burn pack
Triage kit
Sterile blankets, sheets, and cloths
Air tubing
Combi tube kits, etc.
Bag valve masks
SAM splints
Sager traction
Hare traction
OPVD kit
Three safety vests
III
11
1111
YAKIMR C TY
11
11
1
1
11
I III II 7465764
Page: 44 of 44
07/29/2665 09,44A
GR $62,00 Yakima Co, WR
Return Address:
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
X-188414 Escrow No.
Document Title(s) (or transactions contained herein):
STATUTORY WARRANTY DEED
Cour,' EXCsg fAX
OATE x _ "- • 05
PAID_ VI Oil
BY
Yakima Cou ty reasurer's office
************************************************************************************************************
Reference Numbers) of Documents assigned or released:
Additional numbers (s) on pages (s) of document(s), if applicable
************************************************************************************************************
Grantor(s) (Last name first, then first name and initials)
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
Additional names on page of document, if applicable.
************************************************************************************************************
Grantee(s) (Last name first, then first name and initials)
CITY OF YAKIMA
Additional names on page of document, if applicable.
************************************************************************************************************
Legal description (abbreviated: i.e. Lot, Block, Plat or Section, Township, Range)
Ptn. SW1/4 SW1/4 Sec. 20, Twn. 13, Rg. 18
Additional legal is on page 2 of document.
************************************************************************************************************
Parcel No. 181320-33004, 33014
[ ] Emergency nonstandard document recording. I am requesting an emergency nonstandard
recording for an additional fee as provided in RCW 36.18.010. I understand that the recording
processing requirements may cover up or otherwise obscure some part of the text of the original
document.
Signature:
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein
min
111n
1111 79884
Page 1 of 3
08/25/2005 04:26P
$34.80 Yakima Co, WA
Upon Recording, return original to
GRANTOR:
GRANTEE:
LEGAL DESCRIPTION
(abbreviated):
Assessor's Tax Parcel Nos:
Ref. No. of Related Doc(s):
STATUTORY WARRANTY DEED
Yakima County Fire Protection District No. 12, a municipal
corporation
City of Yakima, a municipal corporation
Parcel A, B & C, Portion of the SW 1/4 of the SW 1/4 of
Section 20, Township 13 North, Range 18, E.W.M.
#181320-33004 and #181320-33014
THE GRANTOR, YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12, a Washington
municipal corporation, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration, in hand paid, conveys and warrants to CITY OF YAKIMA, a Washington
municipal corporation, GRANTEE, the following described real estate situated in the County of
Yakima, State of Washington:
PARCEL A:
That part of the Southwest quarter of the Southwest quarter of Section 20,
Township 13 North, Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the
Southwest corner thereof;
thence North 160 feet;
thence East 100 feet;
thence South 160 feet to the South line of said subdivision;
thence West 100 feet to the point of beginning;
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded
June 13, 2002 under Auditor's File No. 7278294
PARCEL B:
That part of the Southwest quarter of the Southwest quarter of Section 20,
Township 13 North, Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the
Southwest corner thereof;
thence North 160 feet to the point of beginning;
thence North 30 feet;
thence East 100 feet;
thence South 30 feet;
thence West 100 feet to the point of beginning
1 of
11
1111
1
1
ALLEY TITLE COMPANY
11
1
1
11
11
1
1
11
7469884
Page: 2 of 3
08/25/2005 04:28P
34.00 Yakima Co, WA
PARCEL C:
That part of the Southwest quarter of the Southwest quarter of Section 20,
Township 13 North, Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said Section, 775 feet East of the
Southwest corner thereof;
thence North 190 feet;
thence East 110 feet;
thence South 190 feet to the South line of said Section;
thence West 110 feet to the point of beginning,
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded
June 13, 2002 under Auditor's File No. 7278294
Subject to the Lease Agreement between the Grantor and the Grantee dated
S --t S , as referenced in the Interlocal Agreement (City Contract No. 2005-13).
Dated this I day of
STATE OF WASHINGTON
County of Yakima
) ss.
2005.
YAKIMA CQUNTY FIRE PROTECTION DISTRICT NO. 12
By:
Ken Eakin
Commissioner Chair
•
On this day personally appeared before me Ken Eakin, to me known to be Commission
Chair of Yakima County Fire Protection District No. 12, and on oath stated that he was
authorized to execute this document on behalf of the District for the uses and purposes therein
mentioned.
and official sell this day of ( 111/ i L 2005.
(Printed Name)
Notary Public in and for t e St to of
Washington, residing at �x�r
My commission expires 8
2 of
110 110 1111 I I
11
IMII
iu
11
All FY TTT F (fMRANY 114 AR
7469884
Page: 3 of 3
06/25/2005 04:26P
Yakima Co, WA
If you want information about coverage or need assistance to resolve complaints, please call our toll free number 1-800-729-1902 If you
make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions and Stipulations
Visit our World -Wide Web site at http.//www stewart com
3
POLICY OF TITLE INSURANCE ISSUED BY
STEWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused this policy to be signed and sealed by its
duly authorized officers as of the date of Policy shown in Schedule A.
EWART TITLE
GUARANTY COMPANY
Counter
Authorized Signatory
VALLEY TITLE GUAR TEE
Company
Yakima, Washington
City, State
lipintifi i
ii' �vS LE
3 *
:N 1'908 c:.
TEXAS11 �.
.tert ,ZOPif;0
Presi ent
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses
which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating,
prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected
on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a
notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or
encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage
any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a created, suffered, assumed or agreed to by the insured claimant;
b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the
Com any by the insured claimant prior to the date the insured claimant became an insured under this policy;
c resulting in no loss or damage to the insured claimant;
d attaching or created subsequent to Date of Policy; or
e resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy.
4. ny claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal
'lankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results
from the failure:
(ii) to timely record the instrument of transfer; or
1) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
6
Al TA !l)A/0.1C0'C on] i('V i/) 17 (1')
Page
01
_9993_3005803
Policy
Senal No.
vvIaui t IVt45 raIW 3 i ll—UL i t tvirO
1. DEFINITION OF TERMS.
The following terms when used in this policy mean.
(a) "insured the insured named in Schedule A, and, subject to any rights or
defenses the Company would have had against the named insured, those who
succeed to the interest of the named insured by operation of law as distinguished from
purchase including, but not limited to, heirs, distributees, devisees, survivors, personal
-ontatives, next of kin, or corporate or fiduciary successors.
,) "insured claimant": an insured claiming loss or damage.
(c) "knowledge" or "known": actual knowledge, not constructive knowledge or
notice which may be imputed to an insured by reason of the public records as defined
in this policy or any other records which impart constructive notice of matters affecting
the land.
(d) "land": the land described or referred to in Schedule A, and improvements
affixed thereto which by law constitute real property. The term "land" does not include
any property beyond the lines of the area described or referred t0 in Schedule A, nor
any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys,
lanes, ways or waterways, but nothing herein shall rnodify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument
(1) "public records": records established under state statutes at Date of Policy for the
purpose of imparting constructive notice of matters relating to real property to
purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the
Exclusions From Coverage, "public records" shall also include environmental protection
liens filed in the records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title": an alleged or apparent matter affecting the title to
the land, not excluded or excepted from coverage, which would entitle a purchaser of
the estate or interest described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in favor of
an insured only so long as the insured retains an estate or interest in the land, or holds
an indebtedness secured by a purchase money mortgage given by a purchaser from
the insured, or only so long as the insured shall have liability by reason of covenants of
warranty made by the insured in any transfer or conveyance of the estate or interest.
This policy shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase
mortgage given to the insured.
3TICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
rhe insured shall notify the Company promptly in writing (i) in case of any litigation
as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured
hereunder of any claim of title or interest which is adverse to the title to the estate or
interest, as insured, and which might cause loss or damage for which the Company
may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is
rejected as unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability 0f the Company shall terminate with regard to the matter or
matters for which prompt notice is required; provided, however, that failure to notify the
Company shall in no case prejudice the rights of any insured under this policy unless
the Company shall be prejudiced by the failure and then only to the extent of the
prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT
TO COOPERATE.
(a) Upon written request by the iP »red and subiect to the options contained in
Section 6 of these Conditions and Stipulations, the Company, at its own cost and
without unreasonable delay, shall provide for the defense of an insured in litigation in
which any third party asserts a claim adverse to the title or interest as insured, but only
as to those stated causes of action alleging a defect, ten or encumbrance or other
matter insured against by this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the insured to object for reasonable cause)
to represent the insured as to those stated causes of action and shall not be liable for
and will not pay the fees of any other counsel. The Company will not pay any fees,
costs or expenses incurred by the insured in the defense of those causes of action
which allege matters not insured against by this policy
(b) The Company shall have the right, at its own cost, to institute and prosecute
any action or proceeding or to do any other act which in its.opinion may be necessary
or desirable to establish the title to the estate or interest, as insured, or to prevent or
reduce loss or damage to the insured. The Company may take any appropriate action
under the terms of this policy, whether or not it shall be liable hereunder, and shall not
by concede liability or waive any provision of this policy If the Company shall
se it rights under this paragraph, it shall do so diligently.
- (c) Whenever the Company shall have brought an action or interposed a defense
as required or permitted by the provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prosecute
or provide for the defense of any action or proceeding, the insured shall secure to the
Company the right to so prosecute or provide defense in the action or proceeding, and
all appeals therein, and permit the Company to use, at its option, the name of the
insured for this purpose. Whenever requested by the Company, the insured, at the
Company's expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to the
estate or interest as insured. If the Company is prejudiced by the failure of the insured
to furnish the required cooperation, the Company's obligations to the insured under the
policy shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such cooperation.
5. PROF Or LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Conditions
and Stipulations have been provided the Company, a proof of loss or damage signed
and sworn to by the insured claimant shall be furnished to the Comeany within 90 days
after the insured claimant shall ascertain the facts giving rise to tie loss or damage.
The proof of loss or damage shall describe the defect in, or ten or encumbrance on the
title, or other matter insured against by this policy which constitutes the basis of loss or
damage and shall state, to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the failure of the insured claimant
to provide the required proof of loss or damage, the Company's obligations to the
insured under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit to
examination under oath by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such reasonable times and places
as may be designated by any authorized representative of the Company, all records,
books, ledgers, checks, correspondence and memoranda, whether bearing a date
before or after Date of Policy, which reasunabiy pertain to the loss or damage. Further,
if requested by any authorized representative of the Company, the insured claimant
shall grant its permission, in writing, for any authorized representative of the Company
to examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
loss or damage. At information designated as confidential by the insured claimant
provided to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonaoleudgment of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for examination
under oath, produce other reasonably requested information or grant permission to
secure reasonably necessary information from third parties as required in this
paragraph shall terminate any liability of the Companyunder this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE LAIMS; TERMINATION OF
LIABILITY!
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred by the insured claimant, which
were authorized by the Company, up to the time of payment or tender of payment and
which the Company is ohlirated t- raw
Upon the exercise by the Company of this option, all liability and obligations to the
insured under this policy, other than to make the payment required, shall terminate,
including any liability or obligation to defend, prosecute, or continue any litigation, and
the policy shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or With
the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of an
insured claimant any claim insured against under this policy, together with any costs,
attorneys' fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is obligated to pay;
or
(ii) to pay or otherwise settle with the insured claimant the loss or damage
provided for under this policy, together with any costs, attorneys' fees and expenses
incurred by the insured claimant which were authorized by the Company up to the time
of payment and which the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for
the claimed loss or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue any
litigation.
(continued and concluded on last page of this policy)
ALTA OWNER'S POLICY
SCHEDULE A
Order No: X-188414
Date of Policy: August 25, 2005 at 04:27 pm
1. Name of Insured:
CITY OF YAKIMA, a Washington municipal corporation
2. The estate or interest in the land which is covered by this Policy is.
Fee Simple Estate
3. Title to the estate or interest in the land is vested:
The named insured
4. The land referred to in this policy is described as follows:
FOR LEGAL DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO.
Policy No: 0-9993-3005803
Amount of Insurance: $437,700.00
ALTA OWNER'S POLICY
STANDARD COVERAGE
Order No. X-188414
SCHEDULE B
This policy does not insure against loss or damage (and the company will not pay costs,
attorney fees or expenses) which arise by reason of:
GENERAL EXCEPTIONS:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by
an accurate survey or inspection of the premises.
4. Any lien, or right to a lien, for services, labor, or material hereafter furnished, imposed by law and
not shown by the public records, or liens under the Workmen's Compensation Act not shown by
the public records.
5. Rights of use, control or regulation by the United States of America, in the exercise of powers
over navigation, any prohibition or limitation on the use, occupancy or improvement of the land
resulting from the rights of the public or riparian owners to use any waters which may cover the
land.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the
issuance thereof; (c) water rights, claims or title to water.
7. Taxes or special assessments which are not shown as existing liens by the public records.
8. Any service, installation, connection, maintenance, or construction charges for sewer, water,
electricity, or garbage removal.
9. Indian tribal codes or regulations, Indian treaty or Aboriginal rights, including, but not limited to,
easements or equitable servitudes.
SPECIAL EXCEPTIONS:
1. The lands are exempt from the lien of ad valorem taxes and assessments for the tax year 2005.
Tax Parcel Nos: 181320-33004 and 33014 Levy Code: 586
2. Easement Deed and Relocation Agreement, and the terms and conditions,
Recorded: October 8, 1971
Auditor's File No: 2263392
Regarding: Use, operation and maintenance of underground pipeline 5 feet
in width crossing Parcels A and B.
Note: Said Easement is a reformation of easement originally recorded
March 7, 1942 under Auditor's File No. 984864.
3. Easement or right-of-way for electric transmission and distribution line disclosed by instrument
Recorded: February 8, 1973
Auditor's File No: 2308309
Grantee: Pacific Power & Light Company, a corporation
Affects: North 5 feet and East 5 feet of Parcel B
ALTA OWNER'S POLICY
STANDARD COVERAGE
Order No. X-188414
4. Easement affecting a
by instrument
Recorded:
Auditor's File No:
For:
In favor of:
Affects:
portion of said premises and for the purposes hereinafter stated, as granted
May 11, 2005
7453566
Irrigation Easement
Donald W. Alderson and Phyllis Alderson, Trustees of the Donald
and Phyllis Alderson Trust, an easement for irrigation pipeline
together with the right of entry to lo-cate, install, repair, maintain
and replace the irrigation line
181320-33014,181320-33044
5. Interlocal Agreement dated July 28, 2005, recorded July 29, 2005, under Auditor's File No.
7465764, entered into by and between YAKIMA COUNTY FIRE PROTECTION DISTRICT NO.
12, a municipal corporation and the CITY OF YAKIMA, a Washington municipal corporation
Providing: Agreement between the City of Yakima and Yakima County Fire
Protection District No. 12 for transfer of assets settlement for the
South 72nd avenue annexation, and the Congdon Annexation
6. Real Property Transfer Agreement dated August 25, 2005, recorded August 25, 2005, under Au-
ditor File No. 7469883, entered into by and between CITY OF YAKIMA, a Washington municipal
corporation and Yakima County Fire Protection District No. 12, AKA West Valley Fire District, a
Washington special purpose district .
7. Fire Station Lease affecting the premises hereinafter stated, executed by and between the parties
named herein, for the term and upon the terms, covenants and conditions therein provided;
Dated:
Recorded:
Auditor's File No:
Lessor:
Lessee:
Terms:
June
Affects:
August 25, 2005
August 25, 2005
7469885
CITY OF YAKIMA, a Washington municipal corporation
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12, AKA
West Valley Fire Distsrict, a Washington municipal corporation
Five years, commencing on July 1, 2005, and terminating on
30, 2010
181320-33004, 181320-33014
8. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of Washington,
Department of Ecology, Plaintiff vs. (numerous named defendants), notice of which is given by Lis
Pendens recorded under Yakima County Auditor's File No. 2479271, being an action for the
determination of the rights to divert, withdraw, or otherwise make use of the surface waters of the
Yakima River Drainage Basin, in accordance with the provisions of Chapters 90.03 and 90.44
Revised Code of Washington. (Attorney for Plaintiff: Charles B. Roe, Jr., Senior Assistant
Attorney General)
END OF SCHEDULE B
ALTA OWNER'S POLICY
STANDARD COVERAGE
Order No. X-188414
EXHIBIT "A"
PARCEL A:
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North, Range 18,
E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the Southwest corner thereof;
thence North 160 feet;
thence East 100 feet;
thence South 160 feet to the South line of said subdivision;
thence West 100 feet to the point of beginning;
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded June 13, 2002 under
Auditor's File No. 7278294
Situate in Yakima County, Washington.
PARCEL B:
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North, Range 18,
E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the Southwest corner thereof;
thence North 160 feet to the point of beginning;
thence North 30 feet;
thence East 100 feet;
thence South 30 feet;
thence West 100 feet to the point of beginning
Situate in Yakima County, Washington.
PARCEL C:
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North, Range 18,
E.W.M., described as follows:
Beginning at a point on the South line of said Section, 775 feet East of the Southwest corner of thereof;
thence North 190 feet;
thence East 110 feet;
thence South 190 feet to the South line of said Section;
thence West 110 feet to the point of beginning,
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded June 13, 2002 under
Auditor's File No. 7278294
Situate in Yakima County, Washington.
END OF EXHIBIT "A"
INFLATION
ENDORSEMENT ATTACHED TO AND MADE A PART
OF POLICY OF TITLE INSURANCE
SERIAL NUMBER 0_9993-3005803 ISSUED BY
STEWART TITLE
GUARANTY COMPANY
HEREIN CALLED THE COMPANY
The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional
monetary protection to the Insured Owner named in said policy, hereby modifies said policy, as follows:
1 Notwithstanding anything contained in said policy and any other Endorsements attached thereto to the contrary,
the amount of insurance provided by said policy, as stated in Schedule A thereof, is subject to cumulative annual
upward adjustments in the manner and to the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Endorsement, to 12:01 a.m. on the first January 1 which
occurs more than six months after the date of policy, as shown in Schedule A of the policy to which this Endorse-
ment is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the
maximum amount of insurance provided by said policy (as said amount may have been increased theretofore
under the terms of this Endorsement) by the same percentage, if any, by which the United States Department
of Commerce Composite Construction Cost Index (base period 1967) for the month of September immediately
preceding exceeds such Index for the month of September one year earlier; provided, however, that the max-
imum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule
A of said policy, less the amount of any claim paid under said policy which, under the terms of the Conditions
and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount
of insurance for years in which there is no increase in said Construction Cost Index.
4. In computing loss or damage incurred by the Insured Claimant, the amount of insurance in force shall be deemed
to be the amount in force at the date the Insured Claimant first learned of the defect in title from which the
loss or damage resulted or the date of receipt by the Company of the first notice of claim, whichever first shall occur.
Nothing herein contained shall be construed as extending or changing the effective date of said policy.
This Endorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein,
except as modified by the provisions hereof.
Signed under seal for the Company, but this Endorsement is to be valid only when it bears an authorized
countersignature.
STEWART TITLE
GUARANTY COMPANY
Countersig
Chairman
044
the oard
4uthorized Countersignature
Company
Yakima, Washington
City, State
5537-8
Endorsement
Serial No.
E1521- 70295
CONDITIONS AND STIPULATIONS Continued
(continued and concluded from reverse side of Policy Face)
DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or damage
sustained or incurred by the insured claimant who has suffered loss or damage by
r. '1 matters insured against by this policy and only to the extent herein described.
The liability of the Company under this policy shall not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect, lien or
encumbrance insured against by this policy
(b) In the event the Amount of Insurance stated in Schedule A at the Date of
Policy is less than 80 percent of the value of the insured estate or interest or the full
consideration paid for tie land, whichever is less, or if subsequent to the Date of Policy
and improvement is erected on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of Insurance stated in Schedule A,
then this Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that the amount of
insurance at Date of Policy bears to the total value of the insured estate or interest at
Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial loss,
the Company shall only pay the loss pro rata in the proportion that 120 percent of the
Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance
stated in Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees and
expenses for which the Company is liable under this policy, and shall only apply to that
portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of
Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorney's fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels which are not
used as a single site, and a loss is established affecting one or more of the parcels but
not all, the loss shall be computed and settled on a pro rata basis as if the amount of
insurance under this policy was divided pro rata as to the value on Date of Policy of
ea .rate parcel to the whole, exclusive of any improvements made subsequent to
DG olicy, unless a liability or value has otherwise been agreed upon as to each
parcel by the Company and the insured at the time of the issuance of this policy and
shown by an express statement or by an endorsement attached to this policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures the lack of a right of access to or from the land, or cures the
claim of unmarketability of title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter and shall not be liable for any
loss or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company or with the
Company's consent, the Company shall have no liability for loss or damage until there
has been a final determination by a court of competent jurisdiction, and disposition of
all appeals therefrom, adverse to the title as insured.
(c) The Company shall not be liable for loss or damage to any insured for liability
voluntarily assumed by the insured in settling any claim or suit without the prior written
consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY.
All payments under this policy, except payments made for costs, attorneys' fees
and expenses, shall reduce the amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy shall be
reduced by any amount the Company may pay under any policy insuring a mortgage to
which exception is taken in Schedule B or to which the insured has agreed, assumed,
or taken suaject, or which is hereafter executed by an insured and which is a charge or
lien on the estate or interest described or referred to in Schedule A, and the amount so
paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of
the payment unless the policy has been lost or destroyed, in which case proof of loss or
des shall be furnished to the satisfaction of the Company
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this policy, all
right of subrogation shall vest in the Company unaffected by any act of the insured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies
which the insured claimant would have had against any person or property in respect to
the claim had this policy not been issued. If requested by the Company, the insured
claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The insures claimant
shall permit the Company to sue, compromise or settle in the name of the insured
claimant and to use the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the insured
claimant, the Company shall be subrogated to these rights and remedies in the
proportion which the Company's payment bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as stated above, that act
shall not void this policy, but the Company, in that event, shall be required to pay only
that part of any losses insured against by this policy which shall exceed the amount, if
any, lost to the Company by reason of the impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company's right of subrogation against non-insured obligors shall exist and
shall include, without limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any terms or conditions contained
in those instruments which provide for subrogation rights by reason of this policy.
14, ARBITRATION
Unless prohibited by applicable law, either the Company or the insured may
demand arbitration pursuant to the Title Insurance Arbitration Rules of the American
Arbitration Association. Arbitrable matters may include, but are not limited to, any
controversy or claim between the Company and the insured arising out of or relating to
this policy, any service of the Company in connection with its issuance or the breach of
a policy provision or other obligation. All arbitrable matters, when the Amount of
Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company
or the insured, All arbitrable matters when the Amount of Insurance is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
insured. Arbitration pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules in effect at
Date of Policy shall be binding upon the parties. The award may include attorneys'
fees only if the laws of the state in which the land is located permit a court to award
attorneys' fees to a prevailing party Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto by the
Company is the entire policy and contract between the insured and the Company. In
interpreting any provision of this policy, this policy shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, and which
arises out of the status of the title to the estate or interest covered hereby or by any
action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable under
applicable law, the policy shall be deemed not to include that provision and all other
provisions shall remain in full force and effect.
17 NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this policy and shall
be addressed to the Company at P 0. Box 2029, Houston, Texas 77252-2029.
STEWART TITLE
GUARANTY COMPA NY
STEWART TITLE
GUARANTY COMPANY
ESTABLISHED 1893
INCORPORATED 1908
A NAME
RECOGNIZED NATIONALLY
AS BEING
SYNONYMOUS WITH
Ya
QUALITY
STEWART TITLE
GUARANTY COMPANY
P O. Box 2029
Houston, Texas 77252
10
NOT SUBJECT TO
REA ESTATE E'XC!SE TAXA
'
DEPUTY T
Return Address:
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
X-188414 Escrow No.
1aUI'Cw,;t�'
************************************************************************************************************
Document Title(s) (or transactions contained herein):
FIRE STATION LEASE
************************************************************************************************************
Reference Numbers) of Documents assigned or released:
Additional numbers (s) on pages (s) of document(s), if applicable
************************************************************************************************************
Grantor(s) (Last name first, then first name and initials)
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
Additional names on page of document, if applicable.
************************************************************************************************************
Grantee(s) (Last name first, then first name and initials)
CITY OF YAKIMA
Additional names on page of document, if applicable.
************************************************************************************************************
Legal description (abbreviated. i.e. Lot, Block, Plat or Section, Township, Range)
Ptn. SW1/4 SW1/4 Sec. 20, Twn. 13, Rg. 18
Additional legal is on page 2 of document.
************************************************************************************************************
Parcel No. 181320-33004, 33014
[ ] Emergency nonstandard document recording. I am requesting an emergency nonstandard
recording for an additional fee as provided in RCW 36.18.010. I understand that the recording
processing requirements may cover up or otherwise obscure some part of the text of the original
document.
Signature:
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
1 111 1111 1111101 1110 1101 0111 1111 1111 7469885
Page: 1 of 11
VALLEY TITLE COMPANY LE $42.06 Yakima Co, WR P6P
Upon Recording, return original to
Grantor(s):
Grantee(s):
Legal Description:
Tax Parcel No(s):
Ref. No. of Related Doc(s):
FIRE STATION LEASE
City of Yakima, a municipal corporation
Yakima Fire District No. 12, a municipal corporation
FIRE STATION LEASE
THIS FIRE STATION LEASE ("Lease") is entered into this 0151—day of
2005, between the CITY OF YAKIMA, a Washington municipal corporation ("Lesso'), and
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12, aka West Valley Fire District, a
Washington municipal corporation ("Lessee").
WHEREAS, Lessor is a first-class city operating under and in accordance with
Washington State law; and
WHEREAS, Lessee is a fire protection district created pursuant to Title 52 RCW; and
WHEREAS, pursuant to RCW 52.12.021 and RCW 52.12.031, Lessee may, inter alia,
own, lease, and manage real property to carry out its purposes; and
WHEREAS, one of both the Lessor's and Lessee's purposes is the provision of
emergency medical services and the protection of life and property; and
WHEREAS, Lessor wishes to lease to Lessee and Lessee wishes to lease from Lessor
a portion of the Lessor's Fire Station located at 7707 Tieton Drive, Yakima, Washington (the
"Fire Station"), to be used in conjunction with Lessee's provision of fire protection and
prevention and emergency medical services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Description of Leased Premises. The Lessor hereby leases a portion of the Fire
Station to the Lessee (the "Premises"). The Premises includes the non-exclusive use of the
entire property for the purposes set forth in Section 4 of this Lease, except as may be
specifically otherwise provided in Section 4 of this Lease.
1.1 Exhibits. The following exhibits describe the Fire Station and the Premises and
other Exhibits attached hereto.
1
11
11
1
11
11
11
ALLEY T TLE COMPANY LE
011
7469885
Page, 2 of 11
06/25/2005 04:26P
142.00 Yakima Co, WA
Exhibit 1
Exhibit 2
Legal Description of Fire Station
Joint Operation Plan
(Hereinafter, reference to the entire property located at 7707 Tieton Drive, Yakima,
Yakima County, Washington, inclusive of the Leased Premises, shall be referred to as
the "Fire Station Premises.")
2. Term. The term of this Lease shall be five (5) years, commencing on July 1, 2005,
06 and terminating on June 3®2010, unless sooner terminated hereunder in accordance with
Section 19 or by mutual agreement of the Parties. The parties shall, at the request of either
party, meet at least 180 days prior to the expiration of the Lease to discuss the terms and
conditions of a renewal, if any.
3. Rent and Utilities. As consideration for this Lease, the parties have executed an
Interlocal Agreement recorded under Yakima County Auditor's File Number
1 L/6 5.7 b%' providing for the Distribution of Assets to the Lessor by the Lessee. As
a condition of that Agreement, the Lessee transferred title to the Fire Station Premises to the
City, subject to this Lease. Accordingly, and except as otherwise provided by said Interlocal
Agreement, the Lessee shall not be required to pay any rent, fee, charge, tax or assessment
related to its use and occupancy of the Fire Station Premises during the term of this Lease. The
Lessee shall be obligated to pay its pro rata share of operating expenses of the Fire Station
located on the Fire Station Premises according to the terms of this Lease; however, such
charges are not considered rent.
3.1 Prorated Utilities. The Lessee shall be responsible for its reasonable pro
rata share of the utility charges occasioned by the use of the Premises by the Lessee.
The Lessor and Lessee shall meet and review the actual utility charges and make a
reasonable adjustment, if necessary, to fairly prorate the utility charges paid by Lessee.
The Lessee shall continue to pay the utility charges until the parties fix another amount.
In such an event, the parties will retroactively adjust the utility payment. Any dispute
between the parties as to each parties reasonable share of pro rated utilities shall be
resolved pursuant to section 23 of the Interlocal Agreement recorded under Yakima
County Auditor's File Number _ b 5 7 61/ (City Contract No. 2005- -8).
3.2 All Other Utilities. Each party shall be responsible for the payment of all
utilities that it independently contracts for and shall save and defend the other party
harmless from any and all such charges.
4. Use of Premises. Lessee shall use the Premises for the operation of fire protection
and emergency response services operating from the Fire Station Premises and activities of the
District related thereto, including without limitation the stationing of two (2) vehicles and crew,
and related activities and purposes of the Lessee.
4.1 Joint Operation Plan. The Parties shall operate the Fire Station and
responses therefrom consistent with the Operation Plan attached as Exhibit 2.
4.2 Code of Conduct. The parties agree that all personnel of each party who
are on the Premises shall observe any jointly adopted "Code of Conduct" as may exist in
the future. It is the intent of the parties that the approval of by the respective Fire Chief
of each party shall be sufficient in terms of the adoption of a joint "Code of Conduct" for
the Fire Station .
2
AI
1
11
11
11
VALLEY TITLE COMPANY LE
11
II II 7469885
Page; 3 of 11
0812512005 04:26P
$42.00 Yakima Co, WA
4.3 City Sleeping Quarters are exclusive occupancy of the City and City
Personnel. It is the parties' intent that any areas designated by the Fire Chiefs for both
the City and the District as sleeping quarters for City personnel ("City Sleeping
Quarters") shall be deemed to be exclusive in term of occupancy to the City and City
personnel. The District and District personnel shall have no right to occupy said City
Sleeping Quarters and the District shall have no obligation for furnishing, maintain or
repairing the City Sleeping Quarters, or any improvements, fixtures or furnishings
located therein. The area so designated as the City Sleeping Quarters shall not be
considered a common area.
5. Improvements by Lessee. Subject to obtaining written approval from Lessor,
Lessee may make and install, at its own expense, such improvements as are normal and
customary in connection with the activity described in Section 4. Lessee's contractor, if any,
shall be subject to Lessor's approval, which will not be unreasonably withheld. Lessor reserves
the right to condition its approval upon the Lessee's providing satisfactory payment and/or
performance bonds. Lessee shall submit plans to and obtain written approval from Lessor
before commencing any improvements. All improvements by Lessee shall conform to all
applicable federal, state and local laws and regulations, including but not limited to the
requirements of the Americans with Disabilities Act, 42 USC 12111 et seq.
5.1 Disposition of Improvements at End of Lease. Lessee shall have the right
to remove all equipment, personal property and improvements which are not fixtures,
which may have been placed upon the Premises by itself during the period of this Lease,
providing that the same are removed before the Lease is terminated and that the Lease
is in good standing. Any improvements not removed from the Premises by the
conclusion of the Lease shall, at Lessor's option, revert to Lessor. The leased Premises
shall be restored by Lessee to conditions prevailing at the time of initiation of the Lease,
normal wear excepted. All improvements which are to be designated fixtures shall be so
designated by Lessor upon Lessor's approval of the plans for such improvements.
5.2 Removal of Property. If Lessee fails to remove any of its personal property
from the Premises or the Fire Station at the termination of this Lease, or when Lessor
has the right of re-entry, Lessor may, at its option, remove and store said property
without liability for loss thereof or damage thereto, such storage to be for the account
and at the expense of Lessee. If Lessee fails to pay the storage costs after thirty (30)
days or more, Lessor may, at its option, sell any or all of such property at public or
private sale, in such manner and at such times and places as Lessor, in its sole
discretion, may deem appropriate, without notice to Lessee, and shall apply the
proceeds of the sale first to the costs of the sale, including attorney's fees, second to the
storage costs, third to the payment of any amounts then or thereafter due to Lessor from
Lessee under this Lease. The balance, if any, shall be returned to Lessee.
6. Condition of Property. Lessee accepts the leased Premises "as is" without further
maintenance liability on the part of the Lessor, except as stated herein. Except as specifically
stated herein, Lessee is not relying upon any representations of Lessor as to the condition or
usability, except Lessor's right to grant a lease of the property.
6.1 Lessor's Maintenance. Except as provided in Section 6.2, Lessor shall be
responsible for maintenance of the roof, exterior walls, exterior doors, mechanical,
II II 1111 1 1
ALLEY TITLE COMPANY
11
11
11
E
11
II II 7469885
Page: 4 of 11
08/25/2005 04:26P
$42,00 Yakima Co, WA
electrical and plumbing system, residential areas and utilities servicing the residential
areas except when damage is caused by the Lessee, in which case the Lessee shall
repair and restore the same.
6.2 Joint Maintenance. The Parties hereto shall be jointly responsible for the
maintenance of all plumbing fixtures, electrical fixtures, the hot water heater servicing
the common areas, interior walls, doors, floor coverings, countertops and appliances,
except for such fixtures and equipment located in the residential area.
7. Personal Property of the Other Party. The parties hereto agree that the each party
shall be responsible for its own personal property and shall be solely responsible for any
property loss or damage done to its own property, whether real, personal or mixed, occasioned
by reason of any fire, storm or other casualty whatsoever, except for damage that is caused by
another party or the other party. Each party shall be responsible for the acts or negligence of its
employees, agents, contractors, and volunteers. It shall be each party's responsibility to provide
its own protection against casualty losses of whatsoever kind or nature, regardless of whether
or not such loss is occasioned by the acts or omissions of the Lessor, Lessee, third party or act
of nature.
8. Insurance. The Lessee covenants and agrees that it will, at all times during the
existence of this Lease, carry a comprehensive general liability insurance policy, naming both
parties hereto as insured, with a bodily injury amount of not less than $1,000,000.00 aggregate
per occurrence. Lessee shall provide evidence of such insurance and a certificate of insurance
to Lessor. The Lessee believes and states that the insurance obligation herein does not exceed
that which the Lessee would otherwise normally place upon itself and obtain in order to operate
its business in a prudent manner.
9. Lessee Will Obtain Permits. Lessee agrees to obtain and comply with all necessary
permits for any leasehold improvement. If Lessee fails to obtain and comply with such permits,
then Lessee accepts full responsibility for any and all costs incurred by Lessor, including actual
attorneys' fees. In this way, Lessee agrees to hold harmless Lessor from any liability and to
fully reimburse expenses of Lessor for Lessee's failure to fully comply with any necessary
permit process and requirements.
10. Liens. Lessee agrees to keep the Premises described herein free and clear of all
liens and charges whatsoever. Lessee shall not allow any materialman's, mechanic's or other
liens to be placed upon the leased Premises. If such a lien is placed of record, Lessee shall
cause it to be discharged of record, at its own expense, within ten (10) days of Lessor's
demand. Failure to comply with Lessor's demand within ten (10) days shall be a default under
the terms of this Lease.
11. Indemnification and Hold Harmless.
11.1 Indemnification by Lessee of Lessor. The Lessee agrees that it will
protect, save, defend, hold harmless and indemnify the Lessor, its officers, employees
and agents from any and all costs and expenses (including reasonable attorneys' fees),
demands, claims, judgments, or liability for loss or damage arising as a result of
accidents, injuries or other occurrences occasioned by either the negligent or willful
conduct of the Lessee, its officers, employees, volunteers, agents or any person or entity
u
u
1111
1
1
N
11
11
ALLEY T TLE COMPANY LE
h
1
I II 7469885
Page: 5 of 11
08/25/2905 04:26P
$42,00 Yakima Co, WR
holding under the Lessee or any person or entity on the Premises or on the Lessor's
property as a result of Lessee's activity, regardless of who the injured party may be.
11.2 Indemnification by Lessor of Lessee. The Lessor agrees that it will
protect, save, defend, hold harmless and indemnify the Lessee, its officers, employees
and agents from any and all costs and expenses (including reasonable attorneys' fees),
demands, claims, judgments, or liability for loss or damage arising as a result of
accidents, injuries or other occurrences occasioned by either the negligent or willful
conduct of the Lessor, its officers, employees, volunteers, agents or any person or entity
holding under the Lessor or any person or entity on the Premises or on the Lessee's
property as a result of Lessor's activity, regardless of who the injured party may be.
11.3 In the event that the officials, officers, agents, and/or employees of both the
District and the 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 attorneys' fees).
11.4 Nothing contained in this Section or this Agreement shall be construed to
create a right of indemnification in any third party.
11.5 The provisions of this Section shall survive the termination or expiration of
this Agreement with respect to any event occurring prior to such termination or
expiration.
12. Laws and Regulations. The Lessee agrees to conform to and abide by all lawful
rules, codes, laws and regulations in connection with its use of said Premises and the
construction of improvements and operation of its' business thereon and not to permit said
Premises to be used in violation of any lawful rule, code, law, regulation or other authority.
13. Waste and Refuse. The Lessee agrees not to allow conditions of waste and refuse
to exist on the above-described Premises and to keep the premises in a neat, clean, and orderly
condition and to be responsible for all damages caused to the leased Premises by the Lessee,
its officers, employees, volunteers, agents, or invited guests of the Lessee.
14. Signs. Signs in existence as of the date of this lease shall remain. Upon the
completion of a remodel of Station 1, both the City and the District may each install a sign or
signs of their own choosing for their respective entities at their own cost in locations that shall be
reasonably and mutually agreed upon prior to installation.
15. Equal Opportunity. Lessee agrees that in the conduct of activities on the leased
Premises, it will be an equal opportunity employer in accordance with Title VII of the 1964 Civil
Rights Act and will comply with all requirements of the Americans with Disabilities Act of 1990.
16. Litigation Between Lessor and Lessee. Except for actions seeking declaratory
relief, in the event of any dispute arising between the Parties to this Lease, any such dispute
shall be submitted to binding arbitration as provided herein. The Parties shall select an
independent and unbiased arbitrator who is not affiliated directly or indirectly with either Party
within thirty (30) days after either Party demands arbitration. If the Parties fail to select, or
cannot agree upon, an arbitrator within this time, then either party may apply to the Superior
Court of Yakima County pursuant to RCW 7.04 et seq. for an order appointing an arbitrator.
Such application may be made at any time after the thirty (30) day period has expired. Upon
5
11
11
1111
II
1
11
11
11
VALLEY TITLE COMPANY LE
11
II II 7469885
Page: 6 of 11
06/25/2605 04:26P
$42.00 Yakima Coo WA
application to the court for an arbitrator, the Court shall select an arbitrator. If the arbitrator
requests a hearing prior to rendering his/her decision, such hearing shall be held in Yakima
County, Washington. The arbitrator's decision shall be binding on both Parties. Each Party
shall bear its own expenses associated with the arbitration but shall share equally the costs of
the arbitrator. RCW Chapter 7.04 and Rules 5.2 through 5.4 of the Mandatory Arbitration Rules
for Superior Court ("MAR") shall govern the arbitration. In the event of any inconsistencies
between this Binding Arbitration Section, RCW Chapter 7.04, and MAR 5.2 through 5.4, the
terms of the Binding Arbitration Clause shall take precedence over RCW Chapter 7.04 and MAR
5.2 through 5.4, and RCW Chapter 7.04 shall take precedence over MAR 5.2 through 5.4.
17. Assignment of Lease. Lessee shall not assign, rent or sublease any portions of
this Lease or any extension thereof, without the prior written consent of Lessor, and no rights
hereunder or in or to said Premises shall pass by operation of law or other judicial process or
through insolvency proceedings.
18. Termination. Upon termination of this Lease or any extension thereof, whether by
expiration of the stated term or sooner termination thereon as herein provided, Lessee shall
surrender to Lessor said Premises peaceably and quietly and in the same condition in which
they existed prior to possession by Lessee.
19. Default.
19.1 Default by Lessee and Termination of Lease. If the Lessee fails to
perform any term or condition of this Lease, such failure shall constitute a default under
the terms of this Lease. Upon receipt of a written notice of default from the Lessor,
Lessee shall have thirty (30) calendar days in which to reasonably cure said default. If
the default has not been reasonably cured within said thirty (30 calendar day period, the
Lessor may terminate the Lease by providing written notice of termination to Lessee.
Twenty one (21) calendar days from the date of the termination notice, if the Lessee has
not cured the defaults, the Lease shall terminate and the Lessor shall have the right
thereafter to immediately enter upon and take possession of the Premises. The Lessee
shall pay all costs of the Lessor related to the enforcement of this Lease after the
expiration of the thirty -day notice of default if said default is not reasonably cured within
the first thirty -day cure period.
19.2 Default by Lessor and Termination of Lease. If the Lessor fails to
perform any term or condition of this Lease, such failure shall constitute a default under
the terms of this Lease. Upon receipt of a written notice of default from the Lessee,
Lessor shall have thirty (30) calendar days in which to reasonably cure said default. If
the default has not been reasonably cured within said thirty (30 calendar day period, the
Lessee may terminate the Lease by providing written notice of termination to Lessor.
Twenty one (21) calendar days from the date of the termination notice, if the Lessor has
not reasonably cured the defaults, the Lease shall terminate and the Lessee shall no
longer be obligated hereunder. The Lessor shall pay all costs of the Lessee related to
the enforcement of this Lease after the expiration of the thirty -day notice of default if said
default is not reasonably cured within the first thirty -day cure period.
20. Non -Waiver. No act or omission of a non -defaulting party after a default by the
defaulting party shall operate as a waiver of any past or future default or deprive the non -
6
11
11
1111
1
1
11
11
11
ALLEY T TLE COMPANY LE
11
II II 7469885
Page: 7 of 11
08/2512005 04:26P
$42,00 Yakima Co, WA
defaulting party of its right to terminate this Lease or be construed to prevent the non -defaulting
party from promptly exercising any other right or remedy it has under this Lease.
21. Notices. Any notice, demand, request, consent, approval or communication that
either party desires or is required to give to the other party shall be in writing addressed to the
other party at the addresses as follows:
If to the District:
Chair
Board of Fire Commissioners
Yakima County Fire Protection District No. 12
5110 Tieton Drive, Suite 370
Yakima, WA 98908
If to the City:
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
or such address as may have been specified by notifying the other party of the change of
address. Notice shall be deemed served on the date of actual delivery or the first attempted
delivery as shown on the return receipt if mailed with the United States Postal Service by
certified mail, return receipt requested.
22. Quiet Enjoyment. Lessor acknowledges that it has ownership of the property
heretofore described and that it has the legal authority to lease said property unto Lessee.
Lessor covenants that Lessee's right of occupancy shall not be disturbed during the term of this
Lease so long as the terms are complied with by Lessee and subject to that clause in this Lease
dealing with the right of Lessor to enter upon the leased Premises, and subject to the joint
occupancy requirements and rights herein. Similarly, the Lessee acknowledges that the Fire
Station Premises are jointly occupied by both parties. Accordingly, each party hereto has the
obligation to the other to provide the right of quiet enjoyment of the Fire Station Premises
subject to the joint and non-exclusive occupancy.
23. Interpretation. In any dispute between the parties, the language of this Lease shall
in all cases be construed as a whole according to its fair meaning and not for or against either
the Lessor or the Lessee. If any provision is found to be ambiguous, the language shall not be
construed against either the Lessor or Lessee solely on the basis of which party drafted the
provision. If any word, clause, sentence, or combination thereof for any reason is declared by a
court of law or equity to be invalid or unenforceable against one party or the other, then such
finding shall in no way affect the remaining provisions of this Lease.
24. Holding Over. If the Lessee remains in possession of said premises after the date
of expiration of this Lease, with the written consent of the Lessor, it is hereby agreed and
understood that until such time as a new agreement in writing shall be entered into between the
parties thereto, Lessee shall do so subject to all of the terms and conditions of this Lease. Said
holdover tenancy may be terminated by either party at the end of any such monthly period by
sending written notice not less than five (5) days before the end of such period.
7 of 11
11 11 1111 1 1
ALLEY T TLE COMPANY
11
11
IN
E
11
1
fll 7469885
Page: 8 of 11
08/25/2005 04:26P
$42.00 Yakima Co, WA
25. No Effect on Other Agreements. Unless specifically referenced herein, this
Agreement shall not modify or alter any existing prior agreements between the parties.
26. Entire Agreement. This Lease contains all of the understandings between the
parties. Each party represents that no promises, representations or commitments have been
made by the other as a basis for this Lease which have not been reduced to writing herein. No
oral promises or representations shall be binding upon either party, whether made in the past or
to be made in the future, unless such promises or representations are reduced to writing in the
form of a modification to this Lease executed with all necessary legal formalities by each party
hereto and this instrument has been signed and executed by the parties, the day and year first
above written.
27. Governing Law. This Lease shall be governed by and construed in accordance
with the laws of the State of Washington.
28. Venue. The venue for any action to enforce or interpret this Lease shall lie in the
Superior Court of Washington for Yakima County, Washington.
29. Authority of the City and the District. The City and the District represent and
warrant that each is a Washington municipal corporation duly organized, validly existing and in
good standing under the laws of the State of Washington. The City and the District have full
right, power and authority to execute this Agreement. No other authorizations or approvals,
whether of governmental bodies or otherwise, will be necessary in order for the City or the
District to enter into this Agreement.
8c
0
1
1
11
11
0
ALLEY T TLE COMPANY LE
11
7469885
Page: 9 of 11
08/2512005 04:26P
$42.00 Yakima Co, WA
30. Filing with County Auditor. The Yakima City Clerk shall file and record a copy of
this Lease with the Yakima County Auditor's Office immediately following the mutual execution
of this Agreement.
LESSEE:
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
By:
Commissioner Ken Eakin
Chair of Yakima County Fire Protection
District No. 12 Commission
ATT
By:
Chris =•iselle
Secretary, Yakima C.— my Fire Protection
District No. 12 (West Valley Fire)
LESSOR:
CITY OF YAKIMA
By: �~\ Cit Manager
er g
ATTESTED:
Yakima City Clerk
Resolution No. I- (200 5 - 5 r
City Contract No. aoo S - `13
N 111111 I III 111111I
ALLEY TITLE COMPANY
fl
111 1 7469885
Page 10 of 11
0812512005 04:28P
$42,00 Yakima Co, WA
STATE OF WASHINGTON
) ss.
County of Yakima
On this day personally appeared before me Ken Eakin, to me known to be Commission
Chair of Yakima County Fire Protection District No. 12, the entity that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said entity, for the 'uses and •urposes therein mentioned, and on oath stated that he was
authorized to execute th nt.
this` r day o I , 2005.
STATE OF WASHINGTON )
County of Yakima )
ss.
o
(Printed Name)
Notary Public in and for the State of
Washington, residing at
My commission expires
On this day personally appeared before me R. A. Zais, Jr., to me known to be the City
Manager of the City of Yakima, the municipality that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
municipality, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN UNDER my hand and official seal this o?J day of /�u�us� 2005.
r1'. 4(1/
2 /NO,4 /V) Gu,71‹i'd.5
(Pri ted Name)
Notary Public in and for the State of
Washington, residing at ye-x4p20,
My commission expires
1111111111111111111111111 (Er
:4:1216p TITLE COMPANY LE 1E.60 Yakima/5/2005 64:26p
Co, WR
Return Address:
City of Yakima
129 N. 2nd St.
Yakima, WA 98901
X-188414 Escrow No.
Document Title(s) (or transactions contained herein):
REAL PROPERTY TRANSFER AGREEMENT
************************************************************************************************************
Reference Numbers) of Documents assigned or released:
Additional numbers (s) on pages (s) of document(s), if applicable
************************************************************************************************************
Grantor(s) (Last name first, then first name and initials)
CITY OF YAKIMA, a Washington municipal corporation
Additional names on page of document, if applicable.
************************************************************************************************************
Grantee(s) (Last name first, then first name and initials)
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 2, aka West Valley Fire Dist.
Additional names on page of document, if applicable.
************************************************************************************************************
Legal description (abbreviated: i.e. Lot, Block, Plat or Section, Township, Range)
Ptn. SW1/4 SW1/4 Sec. 20, Twn. 13, Rg. 18
Additional legal is on page 10 of document.
************************************************************************************************************
Parcel No. 181320-33004, 33014
[ ] Emergency nonstandard document recording. I am requesting an emergency nonstandard
recording for an additional fee as provided in RCW 36.18.010. I understand that the recording
processing requirements may cover up or otherwise obscure some part of the text of the original
document.
Signature:
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
IA
11
MI I
1
HI
ALLEY TITLE COMPANY
11
1
1
II 111 1 11 7469883
Page: 1 of 10
08/25/2885 04:26P
AOR $41.00 Yakima Co, WA
iv
REAL PROPERTY TRANSFER AGREEMENT
This REAL PROPERTY TRANSFER
entered into this i 5 qday of 5
Washington municipal corporation ("City"),
DISTRICT NO. 12, aka West Valley Fire
("District").
RECITALS
AGREEMENT (the "Agreement") is made and
, 2005, by and between the CITY OF YAKIMA, a
and YAKIMA COUNTY FIRE PROTECTION
District, a Washington special purpose district
WHEREAS, the District and the City have negotiated and entered into an Interlocal
Agreement (City Contract No. 2005- 7,3) whereby the District agreed to convey and/or
distribute certain assets to the City as a result of the City's annexation of much of the service
area of the District's Station No. 1.
WHEREAS, under the terms and conditions of said Interlocal Agreement, the District
agreed to convey, via Statutory Warranty Deed, to the City fee simple title to Station No. 1 and
the land upon which Station No. 1 is located in Yakima County, Washington.
WHEREAS, this Agreement further defines the terms and conditions for the transfer and
conveyance of Station No. 1 and said real property by the District to the City.
TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the mutual covenants and agreements
hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. Property. The District hereby agrees to transfer and convey to the City, and the City
hereby agrees to accept from the District, subject to the terms and conditions set forth herein,
Station No. 1 and the certain real property upon which it is located, all situated in Yakima
County, Washington, and legally described on Exhibit A (the "Property").
2. Consideration. The District and the City have negotiated and entered into an
Interlocal Agreement (City Contract No. 2005-1,3 ) (referred to herein as the "Interlocal
Agreement") whereby the District agreed to convey and/or distribute certain assets to the City
as a result of the City's annexation of a significant portion of the service area of the District's
Station No. 1. Under the terms and conditions of said Interlocal Agreement, the District agreed
to convey, via Statutory Warranty Deed, to the City fee simple title to the Property, subject to the
Lease Agreement as defined in the Interlocal Agreement. The City and the District agree,
recognize and acknowledge that the obligations and duties of the City under this Agreement and
said Interlocal Agreement constitute sufficient consideration (to the extent that consideration is
needed) for the transfer and conveyance of the Property to the City.
3. Title to Property. The District shall convey to the City at the Closing, as hereinafter
defined, insurable fee simple title free and clear of all encumbrances except the Permitted
Exceptions, as defined below and those provided for in the standard form title insurance policy,
by execution and delivery of a Statutory Warranty Deed to the Property in a form acceptable to
1 of
11
11
1111
1
1
ALLEY T TLE COMPANY
11
1
1
N
11
1
1
11
7469883
Page: 2 of 10
08/25/2005 04:26P
6R 4'41,00 Yakima Co, WA
the City (the "Deed"). Evidence of delivery of insurable fee simple title shall be the issuance by
Stewart Title Guaranty CompanyNalley Title Guarantee Company (the "Escrow Holder") of an
ALTA standard coverage Owner's Policy of Title Insurance or report preliminary thereto with
liability in the amount as provided in said Title Insurance Policy and insuring fee simple title to
the Property in the City, subject only to those exceptions accepted by the City and those
provided for in the standard form title insurance policy. Rights reserved in federal patents or
state deeds, building or use restrictions general to the district, and building or zoning regulations
or provisions shall not be deemed encumbrances or defects. The City has reviewed the
preliminary commitment of title insurance dated May 3, 2005, Order Number X-188414, by
Valley Title Guarantee/Stewart Title issued in a form acceptable to the City and has accepted all
exceptions noted therein. Encumbrances to be discharged by the District shall be paid out by
the District on the date of Closing. Notwithstanding the foregoing, the City shall take title subject
to the following encumbrances and/or claims:
a. The right of the church and its successors adjacent to the Property to share the
driveway access along the western boundary of the Property.
b. An Easement Deed and Relocation Agreement for the use, operation and
maintenance of an underground pipeline 5 feet in width crossing Parcels A and B of the
Property and recorded October 8, 1971, under Yakima County Auditor's File
No. 2263392.
c. An easement or right-of-way for electric transmission and distribution line across the
north 5 feet and east 5 feet of Parcel B of the Property in favor of Pacific Power & Light
Company and disclosed by an instrument recorded February 8, 1973, under Yakima
County Auditor's File No. 2308309.
d. An irrigation easement for a waterline for an irrigation pipeline over the North 6 feet of
Parcels A and B of the Property recorded under Auditor's File Number 7453566 on
May 11, 2005.
e. The Lease Agreement with the District, recorded contemporaneously with the
Statutory Warranty Deed transferring title to the City.
4. Inspection and Condition of Property. The Property has been carefully inspected by
the City, and the City finds it acceptable for its intended uses. Except as may be otherwise
provided herein, the City hereby accepts the Property in the condition existing on the date of this
Agreement and confirms that neither the District nor any agent or representative of the District
has given or made any warranty or representation whatsoever concerning the physical condition
thereof or the uses or purposes to which the same may now or hereafter be placed.
5. The District's Representations and Warranties. The District represents and warrants
to the City the following:
a. There are no other contracts or agreements in force or effect for sale of all or any
portion of the Property, and the District agrees not to enter into any such contracts or
agreements between the date hereof and Closing.
b. There is no action, suit, investigation or proceeding (administrative or otherwise)
pending or threatened against or affecting the Property or any portion of it, the
transactions contemplated hereby, or which might affect the right of the City to own,
operate, develop or possess the Property or which might have a material effect on the
business of the Property or result in any liability of the City with respect thereto.
1111
1
1
ALLEY TITLE COMPANY
11
1
1
1111 11 7469883
Page: 3 of 10
08/25/2005 04:26P
AGR $4 .00 Yakima Co, WA
c. All persons and entities supplying labor, materials and equipment to the Property have
been paid and there are no claims of liens or service contracts applicable to the
Property.
6. The City's Contingencies. The City's obligations under this Agreement are subject to
satisfaction of the following conditions precedent:
a. The City's review and approval of title to the Property. Title Insurance shall be at the
City's cost. The City shall advise the District in writing at least ten (10) business days
prior to the date of Closing what exceptions to title, if any, remain that have not been
accepted by the City and what exceptions to title, if any, are objectionable to the City.
Only those exceptions approved in writing by the City shall constitute "Permitted
Exceptions." If the District shall fail to remove any such objectionable exceptions from
title prior to the Closing Date, and the City is unwilling to take title subject thereto, the
City shall have the right to terminate this Agreement and neither party hereto shall have
any further rights or obligations under this Agreement.
b. The foregoing conditions contained in this paragraph are intended solely for the
benefit of the City. If any of the foregoing conditions are not satisfied, the City shall have
the right, at its sole election, either to waive the condition in question and proceed with
the purchase or, in the alternative, to terminate this Agreement, and neither party hereto
shall have any further rights or obligations under this Agreement.
7. Escrow. Upon execution of this Agreement, the parties hereto shall deposit an
executed counterpart of this Agreement with Stewart Title Guaranty CompanyNalley Title
Guarantee Company (the "Escrow Holder") and this Agreement shall serve as the instructions to
Escrow Holder for consummation of the transfer of Property contemplated hereby. The District
and the City agree to execute such additional and supplemental escrow instructions as may be
appropriate to enable the Escrow Holder to comply with the terms of this Agreement, provided,
however, that in the event of any conflict between the provisions of this Agreement and any
supplemental escrow instructions, the terms of this Agreement shall control.
8. Closing. The closing hereunder (the "Closing") shall be held and delivery of all items
to be made at the Closinggunder the terms of this Agreement shall be made at the offices of
Escrow Holder on or before t' yt31, 2005, or such other date as the City and the District may
mutually agree in writing. Such date may not be otherwise extended without the written /► ,J
approval of the District and the City, except as otherwise provided in this Agreement. All :4
documents shall be deemed delivered on the date the Deed is recorded.
In the event the Closing does not occur on or before the Closing Date, Escrow Holder
shall, unless it is notified by both parties to the contrary, return to the District the originals of all
documents deposited with the Escrow Holder. Any such return shall not, however, relieve either
party hereto of any liability it may have for its wrongful failure to close.
9. Documents to Be Delivered by the District for Closing. On or prior to the Closing
Date, the District shall deposit with Escrow Holder, the following:
a. The Statutory Warranty Deed duly executed and acknowledged by the District,
together with a duly signed real estate excise tax affidavit;
b. Any reconveyance documents required to eliminate of record any existing deeds of
trust and other security instruments which are a lien on the Property;
!!!!!!!!!!!111,10
111
1111
1111111 11111 111 7469883
Page 4 of 10
08/25/2005 04;28P
AGR $41,00 Yakima Co, WA
c. Such resolutions, authorizations, certificates, court orders or other documents or
agreements relating to the District, as shall be reasonably required in connection with
this transaction;
d. Any other documents, instruments, data, records, correspondence or agreements
called for hereunder which have not previously been delivered; and
e. Such other instruments as are reasonably required by Escrow Holder or otherwise
required to close the escrow and consummate the transfer of the Property in accordance
with the terms hereof.
10. Documents to Be Delivered by the City for Closing. On or before the Closing Date,
the City shall deposit with Escrow Holder the following:
a. Written approval of the Statutory Warranty Deed;
b. The Lease Agreement as required by the Interlocal Agreement;
c. Such resolutions, authorizations, certificates, court orders or other documents or
agreements relating to the City as shall be reasonably required in connection with this
transaction;
d. Any other documents, instruments, data, records, correspondence or agreements
called for hereunder which have not previously been delivered; and
e. Such other instruments as are reasonably required by Escrow Holder or otherwise
required to close the escrow and consummate the purchase of the Property in
accordance with the terms hereof.
11. Prorations. All revenues and all expenses of the Property, including but not limited
to real property taxes, special assessments, rents, water, sewer and utility charges, amounts
payable under the Agreement, annual permits and/or inspection fees (calculated on the basis of
the respective periods covered thereby), and any other expenses normal to the ownership, use,
operation and maintenance of the Property shall be prorated as of 12:01 a.m. on the Closing
Date.
12. Costs and Expenses Paid at Closing. The City shall pay the premium for a standard
owner's policy of title insurance, all real estate excise taxes, and the cost of any other
documentary or other transfer taxes applicable to the sale. The escrow fee shall be paid by the
City.
13. Authority of the City and the District. The City and the District represent and warrant
that each is a Washington municipal corporation duly organized, validly existing and in good
standing under the laws of the State of Washington. The City and the District have full right,
power and authority to execute this Agreement. No other authorizations or approvals, whether
of governmental bodies or otherwise, will be necessary in order for the City or the District to
enter into this Agreement.
14. Possession. The City shall have the right to take possession of the Property on the
date the Closing occurs and the Statutory Warranty Deed for the Property is delivered to the
City, subject to the Lease Agreement as defined in the Interlocal Agreement.
4 oIN I IIH 1 1
ALLEY T TLE COMPANY
11
011 1 11 7469883
Page: 5 of 10
08/25/2005 04:26P
AOR $4 .00 Yakima Co, WA
15. Default and Remedies. In the event of a material breach or default in or of this
Agreement or any of the representations, warranties, terms, covenants, conditions or provisions
hereof by the City or the District, then the other party shall have, in addition to a claim for
damages for such breach or default, and in addition to and without prejudice to any other right
or remedy available under this Agreement or at law or equity, the right to (a) demand and have
specific performance of this Agreement or (b) terminate this Agreement upon written notice
without liability to the other party.
16. Litigation. In the event either party hereto finds it necessary to bring an action
against the other party to enforce any of the terms, covenants or conditions hereof or any
instrument executed pursuant to this Agreement, or by reason of any breach or default
hereunder or thereunder, said dispute shall be res Ived pursuant O section 23 of the Interlocal
Agreement between the parties dated J„\' 211' ZoQ (Yakima City Contract
No. 200513).
17. Notices. All notices, demands, requests, consents and approvals which may or are
required to be given by any party to any other party hereunder shall be in writing and shall be
deemed to have been duly given if delivered personally, sent by facsimile, sent by a nationally
recognized overnight delivery service, or if mailed or deposited in the United States mail and
sent by registered or certified mail, return receipt requested, postage prepaid to:
The City at: City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
The District at: Chair
Board of Fire Commissioners
Yakima County Fire Protection District No. 12
5110 Tieton Drive, Suite 370
Yakima, WA 98908
or to such other address as either party hereto may from time to time designate in writing and
deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to
accept delivery. Facsimile transmission of any signed original document and retransmission of
any signed facsimile transmission shall be the same as delivery of an original document. At the
request of either party or the Escrow Holder, the parties will confirm facsimile transmitted
signatures by signing an original document. If the last day of a period falls on a day on which
the recording office of the county in which the Property is closed, the expiration of the period
shall be extended to the first day thereafter in which any such recording office is open.
18. Amendment. No modification, termination or amendment of this Agreement may be
made except by written agreement signed by all parties.
19. Waiver. No failure by the District or the City to insist upon the strict performance of
any covenant, duty, agreement, or condition of this Agreement or to exercise any right or
remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any
other covenant, agreement, term or condition. Any party hereto, by notice and only by notice as
provided herein, may but shall be under no obligation to waive any of its rights or any conditions
to its obligations hereunder or any duty, obligation or covenant of any other party hereto. No
waiver shall affect or alter this Agreement, and each and every covenant, agreement, term and
1111111111111111111113'1,372:36:53
G 69884 16
VALLEY TITLE COMPANY AGR $41,66 Yakima Co, WA CBP
condition of this Agreement shall continue in full force and effect with respect to any other then
existing or subsequent breach thereof.
20. Survival. All provisions of this Agreement which involve obligations, duties or rights
and all representations, warranties and indemnifications made in or to be made pursuant to this
Agreement shall survive the Closing Date and/or the recording of the Deed and shall be
separately enforceable as a contract.
21. Captions. The captions of this Agreement are for convenience and reference only
and in no way define, limit, or describe the scope or intent of this Agreement.
22. Severability. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall
be construed as if such invalid, illegal or unenforceable provision had never been contained
herein.
23. Counterparts. This Agreement may be executed in any number of counterparts, and
each such counterpart hereof shall be deemed to be an original instrument, but all such
counterparts together shall constitute but one agreement.
24. Additional Acts. Except as otherwise provided herein, in addition to the acts and
deeds recited herein and contemplated to be performed, executed and/or delivered by the
District or the City, the District and the City hereby agree to perform, execute and/or deliver, or
cause to be performed, executed and/or delivered, at the Closing any and all such further acts,
deeds and assurances as the City or the District, as the case may be, may reasonably require
to (a) evidence and vest in the City the ownership of and title to the Property, and (b)
consummate the transactions contemplated hereunder.
25. Neutral Authorship. Each of the provisions of this Agreement has been reviewed
and negotiated and represents the combined work product of both parties hereto. No
presumption or other rules of construction which would interpret the provisions of this
Agreement in favor of or against the party preparing the same shall be applicable in connection
with the construction or interpretation of any of the provisions of this Agreement.
26. Governing Law. This Agreement and the right of the parties hereto shall be
governed by and construed in accordance with the laws of the State of Washington, and the
parties agree that in any such action venue shall lie exclusively in Yakima County, Washington.
27. Time of Performance. Time is specifically declared to be of the essence of this
Agreement and of all acts required to be done and performed by the parties hereto.
28. Entire Agreement. The entire agreement between the parties hereto is contained in
this Agreement, and this Agreement supersedes all of their previous understandings and
agreements, written and oral, with respect to this transaction. Neither the District nor the City
shall be liable to the other for any representations made by any person concerning the Property
or regarding the terms of this Agreement except to the extent that the same are expressed in
this Agreement. This Agreement may be amended only by written instrument executed by the
1111114111111111111111111 7469883
18
6 c 1111108//25/2005 04:28P
VALLEY TITLE COMPANY AGR $41.00 Yakima Co, WA
District and the City subsequent to the date hereof and approved by the District Commission
and the City Council of the City of Yakima.
29. 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.
EXECUTED this day of
DISTRICT NO. 12.
YAKIMA COUNTY FIRE PROTECTION DISTRICT NO. 12
, 2005, for YAKIMA COUNTY FIRE PROTECTION
By:
Commissioner Ken Eakin
Chair of Yakima County Fire Protection
District No. 12 Commission
ATTESTED:
By
Chri is y Boisclle 'Ve. ,chef
Sccrctary, Yakima County Fire Protection
District No. 12 (West Valley Fire)
EXECUTED this•",�, ° • day of
CITY OF YAKIMA
By:
, 2005, for the CITY OF YAKIMA.
City Manager
ATTESTED:
Yakima City Clerk
Resolution No. li 2 91
City Contract No. C,5 -"2.
79883
71 Page' 8 of 18
VALLEY T TLE COMPANY AGR $41.00 Yakima Co, WA WA
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared before me Ken Eakin, to me known to be Commission
Chair of Yakima County Fire Protection District No. 12, the entity that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said entity, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument. ?2
GIVEN UNDER m . .nd official al this��J day 2005.
1STlpF
ti0 • 0
o.�► GAP Q�/ �� `' rm
4,3 co
,„lyq a° 2001
,syINGT
STATE OF WASHINGTON )
) ss.
County of Yakima
(Printed Name)
Notary Public in and forth tate of
Washington, residing at L -r`^ R-)
My commission expires
On this day personally appeared before me R. A. Zais, Jr., to me known to be the City
Manager of the City of Yakima, the municipality that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
municipality, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument.
GIVEN UNDER my hand and official seal this AICLday of Siz„rzsi, 2005.
(Printed Name)
Notary Public in and for the Sae of
Washington, residing at /<//23
My commission expires G
IIM
ISI
1111
1
1
VALLEY T TLE COMPANY
11
1
1
11
a3-1tiS—l.? Com'
7469883
Page: 9 of 10
08/25/2885 04:28P
AGR $41.00 Yakima Co, WA
EXHIBIT "A"
PARCEL A:
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North, Range 18,
E.W.M., described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the Southwest corner thereof
thence North 160 feet;
thence East 100 feet;
thence South 160 feet to the South line of said subdivision;
thence West 100 feet to the point of beginning;
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded June 13, 2002 under
Auditor's File No. 7278294
PARCEL B.
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North, Range 18,
E.W.M , described as follows:
Beginning at a point on the South line of said subdivision, 675 feet East of the Southwest corner thereof;
thence North 160 feet to the point of beginning,
thence North 30 feet;
thence East 100 feet;
thence South 30 feet;
thence West 100 feet to the point of beginning
PARCEL C
That part of the Southwest quarter of the Southwest quarter of Section 20, Township 13 North, Range 18,
E.W.M , described as follows:
Beginning at a point on the South line of said Section, 775 feet East of the Southwest corner of thereof;
thence North 190 feet;
thence East 110 feet;
thence South 190 feet to the South line of said Section;
thence West 110 feet to the point of beginning,
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded June 13, 2002 under
Auditor's File No. 7278294
END OF EXHIBIT "A"
11
I 11
1111
1
1
ALLEY T TLE COMPANY
11
1
1
II 111 1 11 7469883
Page: 10 of 10
06/25/2005 04:26P
AGR $41.00 Yakima Co, WA
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
10
For Meeting Of: 06-28-05
ITEM TITLE: Resolution to authorize execution of agreement with Yakima County Fire
District No. 12 for asset transfer settlement.
SUBMITTED BY: Dennis K. Mayo, Fire Chief, Yakima Fire Department
CONTACT PERSON/TELEPHONE: Dennis K. Mayo, Fire Chief— 575-6060
SUMMARY EXPLANATION: Yakima County Fire District No. 12 and the City have an ongoing
cooperative partnership for the last two years. Our Common goal is protecting and serving the citizens of
Yakima County Fire District 12 and the City of Yakima. Our objective in mutual problem solving was to
ask the question "what is in the best interest of public safety".
Key components of the asset transfer include:
Yakima County Fire District 12 transfers to the City of Yakima title to property of fire station located at
7707 Tieton Drive.
The City of Yakima will in turn execute a five-year lease of the 7707 Tieton Drive Fire Station to Yakima
County Fire District 12 to provide for the continued co -location of the facility by both the City and the
District.
(Continued on Page 2)
Resolution X Ordinance
Funding Source:
APPROVED FOR SUBMITTAL:
Contract X Other (Specify)
City Manager
STAFF RECOMMENDATION: Adopt resolution authorizing asset transfer agreement with
Yakima County Fire Protection District No. 12.
BOARD/COMMISSION RECOMMENDATION: City Council Intergovernmental Committee
members Mary Place and Neil McClure have worked with West Valley Fire District
Commissioners to formulate the proposed agreement. City Council Public Safety Committee
members Bernie Sims and Susan Whitman have also reviewed and recommend the proposed
agreement with the West Valley Fire District.
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2005-98
Page 2
Cost -Split for Station No. 1 Improvements. Yakima County Fire District 12 and the City of Yakima
agree to share the cost of improving and remodeling Station No. 1 for co -location of both agencies. The
District will participate in the costs of improvement/remodeling of 7707 Tieton Drive Station on the basis
of a limited 80/20 split, with the District paying twenty percent (20%) of the cost, provided, however, that
the District shall not under any circumstance exceed One Hundred and Twenty Thousand Dollars
($120,000.00). Total estimated cost of remodeling Station No. 1 to accommodate co -location is Six
Hundred Ten Thousand Dollars ($610,000.00).
During the five (5) year term of the Lease the City of Yakima Fire Department shall respond to all service
demands
n n fire and/or call -louts necessary for fire suppression, protection, hazardous material response,
rescue response, emergency medical response, and other emergency requests within the Service Area
described on Exhibits A and B. In return for and in consideration of these services, the District will pay
the City One Hundred Twenty Thousand Dollars ($120,000.00) over the five-year period of the Lease, or
$2,000 per month for five years.
In a desire to provide optimum public safety, avoid costly litigation and provide certainty regarding the
issues related to distribution of assets following annexations, the Parties have negotiated a mutually
acceptable settlement for the distribution of assets present and future. This distribution of assets
agreement only impacts the area served by the 7707 Tieton Drive Fire Station.
Yakima County Fire District 12 to transfer 2001 Chevrolet Tahoe to the City of Yakima.
Yakima County Fire District 12 to transfer 1991 Ford Fire Apparatus Brush Unit to the City of Yakima.
Brush Unit shall be stationed at 7707 Drive Fire Station and be jointly utilized by both the District and the
City so long as the Parties jointly occupy Station.
Similar to the joint use of the Brush Unit, Yakima County Fire District 12 agrees that Rescue 17 be
stationed at the 7707 Tieton Drive Fire Station to be jointly utilized by both agencies so long as the
Parties jointly occupy Fire Station. Yakima County Fire District shall maintain ownership of Rescue
Unit.
Intergovernmental Committee: The Parties agree that the Intergovernmental Fire Service Committee
established by the June 1, 2004, Interlocal Agreement shall continue to exist and meet in order to help
foster short- and long-term relationships between the two organizations and is unaffected by this
Agreement. The Committee shall meet quarterly, at a minimum, or at the request of either Party
Page 1 of 1
Dave Leitch
From: Jon Sitkin (jsitkin@chmelik.com]
Sent: Thursday, July 21, 2005 11:01 AM
To: 'Dave Leitch'
Cc: 'McMurray, Paul'
Subject: YFD#12/City
Importance: High
Dave -
The District Commission Chair should execute the attached final Property Transfer Agreement, and then you
should forward the same to the City for execution with a cover letter that upon execution, the agreement should
be deposited with the title company set forth in the agreement, and that the City should advise you when this
occurs At the time that the Interlocal Agreement is recorded with the County Auditor, and the Property transfer
agreement is deposited with the escrow agent, you can proceed and have the District Chairman execute the
attached Deed, the attached Bill of Sale and the attached Lease These last three documents should be delivered
to escrow with a cover letter advising that they are not to be released or recorded until such time as the City
waives all contingencies in the property transfer agreement, and executes all required documents for closing,
including but not limited to the lease. The instructions must further state that the Deed is to be recorded
contemporaneously with, but immediately prior to, the recording of the Lease. Finally, the instructions must
instruct the closing officer to fill in the blanks on all documents regarding the City Interlocal contract number and
Auditor File number where required prior to closing and recording.
Finally, when you deliver the documents, make sure that the appropriate exhibits are stapled to the document. A
copy of the joint operating policy for the station is to be included as Exhibit 2 to the lease agreement.
If you would like me to prepare a draft cover letter for you, then let me know and I will do so.
Paul and Dave- I changed the reference to the legal description for the Lease to Exhibit 1 (1 nstead of Exhibit A),
since that is how it is referred to in the Lease.
Jon
Jon Sitkin
Chmelik Sitkin & Davis P.S.
Attorneys at Law
1500 Railroad Ave.
Bellingham, WA 98225
Phone (360) 671-1796
Facsimile (360) 671-3781
7/25/2005