HomeMy WebLinkAbout03232017 Economic Development Committee PacketCouncil Economic Development
Members:
Councilmember Coffey
Councilmember A. Gutierrez
Councilmember Cousens
Action Items:
Committee
CED Conference Room
City Hall
March 23, 2017
1:30 p.m.
Staff: Others:
Cliff Moore, City Manager
Sean Hawkins, Economic Development
Manager
Rob Peterson, Airport Manager
Joan Davenport, Director of Community
Development
Colleda Monick, Economic Development
Assistant
Agenda
1. Lease Agreement — Former Tiger Mart — 1808 North First Street — Jeff Cutter
2. Comprehensive Plan Presentation — Economic Development Elements — Joan Davenport /
Joseph Calhoun
3. Economic Development Plan and Millsite Web pages on City Website — Sean Hawkins /
Randy Bonds, Jr.
4. Code updates — YMC 8.30 (Street Banners) and YMC 11.08 (Sign Code) updates — Sara
Watkins
5. JEM Development Parking Agreement — Sean Hawkins
Update Items:
1. Economic Development Plan — Next Steps — Sean Hawkins
2. Airport Update — Rob Peterson
Audience Comments
Council Economic Development
Committee
Planning Conference Room
City Hall
February 23rd, 2017
1:30 p.m.
Members: Staff: Others:
Councilmember Coffey Cliff Moore, City Manager Maria Rodriguez
Councilmember Cousens Sean Hawkins, Economic Development Luz Gutierrez
Councilmember Gutierrez Manager Lauren Leaky
Scott Schafer, Public Works Director Rob McCurdy
Colleda Monick, Economic Phil Cline
Development Assistant Haida Mazar
Ed Pacheco
Steve Zien
Executive Minutes
• Economic Plan Update
Hawkins shared that scheduling for various committee initiatives is underway, along
with development of a public website devoted to communicating the process of each
initiative. Additionally, the website will also provide city statistics related to economic
development such as; airport load factors, number of commercial permits issued, sales
tax growth, etc.
Councilmember Coffey requested that the various committee initiatives and the
individuals/organizations working on those initiatives be shared with the full council in
order to provide an opportunity for additional involvement.
Councilmember Coffey also requested the sharing and keeping of minutes at each of
the meetings related to the initiatives.
• Apprenticeship Resolution
Schafer provided a draft resolution for committee review regarding establishing an
apprenticeship utilization as an optional supplemental requirement for City of Yakima
public works projects that exceed $300,000.
There was a recommendation by the committee to move the resolution to full council for review.
• Craft Beverage Yakima update and 2017 Professional Services Agreement
Hawkins shared the promotional agreement between the City of Yakima and Craft
Beverage Yakima. Members of the Craft Beverage Yakima organization spoke on the
previous years accomplishments and thanked the council committee members for their
continued support of the organization.
There was a recommendation by the committee to move the resolution to full council for review.
Special Event Support
Hawkins requested guidance on the distribution of funds for the remaining special event
fund; $30K.
Councilmember Gutierrez requested that a special committee be developed to provide
assistance to the 4th of July planning team at the State Fair Parkway.
Councilmembers discussed that they would like to see a 4th of July parade.
Councilmember Gutierrez moved to bring a professional services agreement to full council that
would provide $20K to the Cinco De Mayo Festival and $25K to be provided to the 4th of July
event. Councilmember Cousens seconded. Motion carries.
RECON
Hawkins shared that the booth for the 2017 RECON event has been booked and with it
the city has four badges to be used at the show. Brad Hill from the Mill Site group and
Jonathan Smith from the Yakima County Development Association have booth
expressed interest in attending. Councilmembers Gutierrez, Coffey, and Cousens are
also all interested in attending and have requested additional information be provided
to them regarding the event.
Housing Tax Incentive - Mills Building
Hawkins shared with the councilmembers that the developer involved in the Mills
Building renovations is interested in taking advantage of the city's housing tax
incentive. The multiuse development includes 8 multi -family unit apartments that will
receive over $300,000 investment in each unit. The incentive would freeze the
property taxes of the building at its current rate for the next 8 years.
There was a recommendation by the committee to bring an agreement for the Mills Building for
the housing tax incentive to full council.
Update Items:
March Study Session regarding the discussion of an eastside pool -
Councilmember Gutierrez requested an update regarding the Speedway development
in relation to the Yakima Economic Development Strategic Plan, `Sites for Business'
initiative, to be provided in advance of the March study session.
Audience Participation - Councilmember Coffey requested that `Audience
Participation' be included to all future Council Economic Development Committee
meeting agendas.
Central Washington Hispanic Chamber of Commerce - Mazar and Zien attended on
behalf of the Chamber and noted that they would like to get involved and offered their
services to the committee.
LEASE AGREEMENT
CITY OF YAKIMA TO DEAN OWENS
This lease agreement (the "Lease"), made and entered into March , 2017, by and
between the CITY OF YAKIMA, WASHINGTON, a municipal corporation, ( the "City") and
DEAN OWENS, ("OWENS").
WITNESETH:
WHEREAS, City owns certain real property, identified as Yakima County Accessor Parcel
Number 181312-44412, located at 1808 North 1St St, Yakima, WA, including several
buildings located thereon (collectively referred to herein as the "Property"), available for
limited use as more specifically provided by this Lease, and legally described as:
That part of Gordon's Highway Tracts, recorded in Volume "I" of Plats, page 22, and that
part of the South 870.00 feet of the West Y2 of the Southeast '/4 of the Southeast '/a of
Section 12, Township 13 North, Range 18 East, W.M., bounded as follows:
Beginning at the Northeast corner of Lot 15 of said Plat of Gordon's Highway Tracts, 24 feet
West reference bearing, along the Easterly line of said Plat of Gordon's Highway Tracts,
also being the Westerly right of way line of North First Street, 170.00 feet to a point which is
5.00 feet South 00 24' West of the Northeast corner of Lot 12 of said Plat; thence North 890
40' West, parallel with the Northerly line of said Plat, 155.00 feet; thence North 00 24' East
170.00 feet to the Easterly extension of the Northeast line of Lot 15 of said Plat; thence
South 89040' East 155.00 feet to the point of beginning.; and
WHEREAS, OWENS desires to lease, occupy and use the Property in accordance with the
specific terms and conditions set forth in this Lease Agreement,
NOW THEREFORE, in consideration of the mutual covenants contained herein and the
benefit to be derived by each party, the parties agree as follows:
1. INTENT OF AGREEMENT:
The intent of this Lease is to Lease the Property to OWENS so that OWENS can
restore and recondition the grounds and building structures on the Property to a
condition amenable to a commercial purpose. OWENS shall maintain the property
and the building structures in a clean and attractive condition during the term of the
Lease, suitable for use as a show lot for automobiles or a similar commercial
endeavor acceptable by the City.
2. DEMISE OF PROPERTY:
City hereby leases to OWENS and OWENS leases from City the Property, together
with all rights of ingress, egress, public road access and use of utility connections to
the Property.
OWENS shall clean up, restore and maintain the Property, including the grounds
and building structures thereon, in a condition and appearance suitable for
commercial purposes as soon as feasible following Effective Date of this Lease,
subject to the terms and conditions set forth elsewhere herein. Failure by OWENS
to maintain the Property in such a commercially acceptable condition at any time
during the term of the Lease shall constitute a material breach of the Lease, in
which event City, at its option, may terminate the Lease for cause.
3. TERM — EFFECTIVE DATE:
The tenancy provided by this Lease shall be a five (5) year Lease Term
commencing on March , 2017 and ending on March 31, 2022, unless earlier
terminated as set forth in this Lease. OWENS shall have the option to extend its
tenancy under this Lease for one (1) additional five (5) year term by providing
written notice to City at least six (6) months prior to the end of the preceding lease
term of the intent to extend the Lease. The sum of the terms provided by the
preceding two (2) sentences, but as otherwise potentially terminated pursuant
hereto, is the lease term (the "Term").
4. MORTGAGE:
OWENS shall not have the right, authority or permission to mortgage the leasehold
created by this Lease or any sublease hereunder or assignment hereof, in whole or
part, for the entire Term.
5. RENT:
In consideration of the demise of the Property, and the terms and conditions
outlined herein, OWENS agrees to pay the City to lease the property as follows:
One Thousand Dollars ($1000.00) per month, payable on the first day of each
month and each month thereafter during the full Term, beginning on the first day of
the tenancy, pro -rated for the days left in the month tenancy begins if tenancy does
not begin on the first day of a month.
Payments shall be made to the City of Yakima at the City Finance Office or at such
other place as shall be directed by City. In the event OWENS exercises the option
to extend this Lease, monthly payments during the extended Term shall likewise be
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paid on the first day of each month during the extended Term.
6. DEPOSIT:
[Not applicable — deposit not required].
7. TAXES AND LIENS:
In addition to the reserved rent as it comes due, OWENS promises and agrees to
pay, as the same become due and payable, all governmental fees and taxes, if any,
payable by reason of this Lease, the use of the Property, or the construction or
ownership of improvements thereto, specifically to include leasehold excise tax.
OWENS shall neither suffer nor permit the attachment of any lien or other
encumbrance on the Property. OWENS agrees to defend, indemnify and hold
harmless City from any such fees, taxes or liens.
8. USE:
OWENS and all sub -tenants of OWENS, shall not commit waste upon and shall
use the Property only for appropriate commercial purposes acceptable to the
City as otherwise described in the Lease. OWENS' use of the Property shall be
subject to the following additional limitations:
A. Use, together with any restorative construction and maintenance performed on
the Property by OWENS or OWENS' subtenants shall be compatible with the
Property's zoning in effect at the commencement of the Term and shall not include
or allow any excavation or disruption of the surface of the Property or in any way
alter the Property surface from the condition it is in at the initiation of the Lease
Term. All Department of Ecology sampling wells on the Property shall be protected
and preserved from damage. OWENS shall be responsible for all cost of repair or
replacement of said sampling wells for any damage that occurs to them during the
Lease Term.
B. The Property shall be used only for lawful commercial purposes appropriate
for the location and the layout of the Property as approved by the City, such
approval not to be unreasonably withheld or delayed. The property shall not be
permitted to be used for any purposes related to marijuana production,
processing or sale.
9. UTILITIES:
OWENS shall be responsible for any necessary installation and operational service
costs for all utility services used by OWENS or OWENS' subtenants on the
Property, including, but not limited to, power, natural gas, water, sewer, garbage
and communication from the exterior edge of the Property.
10. PREMISES CONDITION:
OWENS accepts the Property AS -IS. Nothing contained in the preceding sentence
shall affect OWENS' right to indemnity from City as provided in Section 19 hereof.
11. MAINTENANCE:
OWENS agrees, at its sole cost and expense, to keep the Property, including the
asphalt lot and the buildings constructed thereon, clean, neat and in good repair
and shall provide all necessary building structure and landscaping maintenance
services, fertilizing, irrigation, sweeping, cleaning, parking lot cleanup and trash and
litter collection, such that the Property remains attractive, clean and well-maintained.
OWENS shall also be responsible for all necessary snow removal and pavement
maintenance to keep the property safe and accessible.
12. SIGNS:
OWENS may be permitted to erect commercial signage so long as all necessary
permits are acquired and codes are complied with for the installation and
maintenance thereof. Billboard signage shall not be permitted.
13. IMPROVEMENTS:
All buildings, trade fixtures and other improvements existing on the Property or
those that may be installed thereon by OWENS or OWENS' subtenants during the
Lease Term shall be made to conform to applicable land use laws and building
codes. OWENS shall be responsible for procuring all building and other permits
required for work performed upon the Property. All new improvements to the
grounds or the building structures that may be provided by OWENS shall first be
presented to the City for consideration and prior approval before being constructed
on the Property, which approval shall not be unreasonably withheld. Approval of
any such additional improvements or modifications shall be deemed granted forty-
five (45) days after submitting the proposal in writing to City if no specific response
has been provided by City to OWENS within that time. City shall not impose a
condition upon the approval of such improvements or modifications thereto that
violate any applicable law, or which would be violative of any insurance policy
required to be maintained by OWENS.
14. REVERSION OF IMPROVEMENTS AND FIXTURES UPON EXPIRATION OR
TERMINATION OF LEASE:
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15.
16.
Upon expiration or termination of this Lease for any reason, unless otherwise
agreed to in writing between City and OWENS, all improvements to the Property
shall revert to the City without requirement of payment of any type by City to
OWENS.
Upon termination or expiration of this Lease, OWENS shall remove all its trade
fixtures and repair any damage to the Property caused by removal of said trade
fixtures to the reasonable satisfaction of the City Manager. Fixtures not removed on
or before the effective date of termination or expiration shall become the property of
the City unless other arrangements have been previously approved in writing by the
City Manager.
OWENS shall, as additional consideration for grant of this Lease, insure that all
liens, security interest and other encumbrances against said improvements and
structures, except those created or suffered by City, whether consensual or
involuntary, shall be paid, discharged or satisfied prior to time for reversion thereof
to City; and, in any event, the parties acknowledge that City shall not, by virtue of
termination of the leasehold interest nor reversion of the structures or other
improvements, be liable for any debt or encumbrance associated therewith, whether
now existing or hereafter incurred, levied or attached.
REGULATIONS:
OWENS agrees to comply with all applicable laws, ordinances, rules, regulations
and policies of all governmental authorities having jurisdiction over the Property,
including policies adopted by City, as such laws, ordinances, rules, regulations and
policies apply to the use and operation of the Property.
SUBLETTING:
Subject to the agreement to perform and the performance of the terms hereof by
any subtenant of OWENS, City's written consent is required for any sublease of the
Property by OWENS. City agrees that in accordance with the terms of approval and
consent set forth in this Lease OWENS is authorized under this Lease to enter into
space leases and subtenant rental agreements within the Property for individual
facility operations. No sublease shall relieve OWENS of its obligation to perform
this Lease in accordance with the terms herein.
17. ASSIGNMENT:
OWENS shall not assign its interest in this Lease to another party without the
express written consent of the City. City may withhold consent to OWENS request
for an assignment at City's sole discretion. If approved by City in writing, any
assignee of this Lease and/or OWENS' rights hereunder shall assume OWENS'
obligations under this Lease, however said assignment shall not relieve OWENS of
its obligation to perform this Lease in every respect. Such assignment shall be in
conformance with all City, local, state and federal laws, ordinances, rules,
regulations and policies and the assignee shall comply with all laws, ordinances,
rules, regulations and policies applicable to the use and operation of the Property,
facilities and operations as those laws, ordinances, rules, regulations and policies
now exist or may hereafter become effective. City's consent to assignment shall not
be construed to be consent to any subsequent assignment.
18. MISCELLANEOUS PROVISIONS:
A. City may further develop or improve adjacent City property, infrastructure and
facilities regardless of the desire or views of OWENS regarding any such
development or improvement, and without interference or hindrance on the part of
OWENS and without liability to OWENS.
B. OWENS shall be responsible for weed control on the Property, including but not
limited (where appropriate) to: mowing; spraying; removal of noxious weeds, etc.
C. OWENS shall post unused portions of the Property against trespass by
unauthorized individuals and shall prevent illegal dumping of debris on the property.
19. INDEMNITY/DUTY TO DEFEND:
A. Except as provided in Paragraph 19(E), OWENS shall defend, indemnify and
hold harmless City and its elected and appointed officials, employees and agents,
from any and all losses directly suffered by City and from any and all liability,
damages, suits, claims, actions, judgments or decrees, including attorney fees and
costs, made against the City or its elected and appointed officials, employees and
agents based on the use or occupancy of the Property during the Term or from
default by OWENS or any assignee or subtenant hereunder, in any term or
condition of this Lease.
B. Except as provided in Paragraph 19(E), City shall defend, indemnify and hold
harmless OWENS from any and all losses directly suffered by OWENS and from
any and all liability, damages, suits, claims, actions, judgments or decrees, including
attorney fees and costs, made against OWENS based on the use or occupancy of
the Property for any time other than during the Term or as a result of City's default
in any term or condition of this Lease, excepting any liability, damage, suit, or claim
arising from the occupancy or use of the Property by OWENS or as a result of
OWENS' operations on the Property or from any other act or omission of OWENS,
its servants, employees, agents, invitees, independent contractors, assignees,
subtenants or any other entity, person, firm or corporation acting on behalf of
OWENS or under its direction, whether such claim shall be by OWENS or a third
party; provided, however, that OWENS shall not be liable for any injury, damage or
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loss occasioned solely by the sole negligence of City, its agents or employees. City
shall give OWENS prompt and reasonable notice of any such claims or actions and
OWENS shall have the right to investigate, compromise and defend the same to the
extent of its interest.
C. City shall defend, indemnify, and hold harmless OWENS from any and all claims
and actions, loss, damage, expense or cost, resulting from, arising out of, or caused
by City and which leads to any liability under the Federal Comprehensive
Environmental Response Compensation Liability Act of 1980, as amended, 42
U.S.C. 9601 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. 1801 et
seq.; Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq.; the Clean
WaterAct, 42 U.S.C. 1251 et seq.; the Washington Environmental Policy Act, RCW
Ch. 43.21C; the Washington Water Pollution Control Act, RCW Ch. 90.48; the
Washington Hazardous Waste Management Act, RCW Ch. 70.105; the Washington
Model Toxic Control Act, RCW Ch. 70.105D, and the regulations promulgated
thereunder, or under any applicable local or state environmental ordinance, statute,
law, rule or regulation, for all claims, actions, loss, damage, expense or cost
associated with environmental conditions that pre-existed the initiation of this Lease.
PROVIDED, City shall have a continuing right of entry upon the Property, upon
providing OWENS with a two (2) week notice of said entry (excepting emergency
occurrences where no notice is necessary and excepting occurrences for which two
weeks' notice is impractical, wherein the City will provide notice as the occurrence
allows) to conduct necessary tests and actions required for compliance with the
Washington State Department of Ecology (Ecology) with respect to the continuing
environmental investigation and mitigation of hazardous substances on the
Property. City reserves the right to take whatever actions are required by Ecology to
resolve the environmental conditions on the Property, even if the actions taken
result in a temporary or permanent effect upon OWENS use of the Lease Property.
City and OWENS agree that any resultant diminishment of the Lease Property shall
be addressed in a negotiation of the Lease terms and conditions, up to and
including termination of the Lease. The provisions of this Paragraph 19(C) shall
survive the termination of this Lease.
D. OWENS shall defend, indemnify, and hold harmless City, its elected and
appointed officials, agents and employees, free and harmless from any and all
claims and actions, loss, damage, expense or cost, resulting from, arising out of, or
caused by OWENS, its assignees and/or subtenants, resulting in any liability under
the Federal Comprehensive Environmental Response Compensation Liability Act of
1980, as amended, 42 U.S.C. 9601 et seq.; Hazardous Materials Transportation
Act, 49 U.S.C. 1801 et seq.; Resource Conservation and Recovery Act, 42 U.S.C.
6901 et seq.; the Clean Water Act, 42 U.S.C. 1251 et seq.; the Washington
Environmental Policy Act, RCW Ch. 43.21C; the Washington Water Pollution
Control Act, RCW Ch. 90.48; the Washington Hazardous Waste Management Act,
RCW Ch. 70.105; the Washington Model Toxic Control Act, RCW Ch. 70.105D, and
the regulations promulgated thereunder, or under any applicable local or state
environmental ordinance, statute, law, rule or regulation. The provisions of this
Paragraph 19(D) shall survive the termination of this Lease.
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E. The defense, indemnity, and hold harmless provisions provided in Paragraphs
19(A) through 19(D) hereof shall apply only to the extent the party claiming same is
not at fault with respect to the event giving rise thereto. If both parties are at fault,
such defense, indemnity, and hold harmless shall be applied under principles of
comparative fault.
20. INSURANCE:
OWENS agrees that, at all times during the full Lease Term, it shall, at its own
expense, maintain in full force and effect adequate fire and other casualty coverage
for the Property and structures, buildings, infrastructure and contents, including all
personal property, fixtures and improvements of OWENS. Such policy shall include
a replacement cost endorsement. OWENS shall obtain and file with the City's Risk
Manager a Certificate of Insurance evidencing such coverage. OWENS shall
provide the City with a thirty (30) day cancellation notice prior to any policy
cancellation. Adequacy of coverage is defined as insurance sufficient to restore the
Property to its pre -casualty condition.
Prior to execution of this Lease, OWENS, at its expense, shall obtain and file with
the City's Risk Manager a Certificate of Insurance evidencing commercial general
liability insurance coverage ("CGL") providing coverage of at least $2,000,000 per
occurrence and $2,000,000 general aggregate. This Certificate of Insurance shall
be subject to approval by the City's Risk Manager as to company, terms and
coverage and said approval shall not be unreasonably withheld. The CGL shall
name the City, its elected officials, officers, agents, employees, and volunteers as
additional named insureds and must protect the City from any and all claims and
risks and losses in connection with any activities or omissions by OWENS by virtue
of this Lease. The CGL policy shall remain in full force and effect at OWENS' sole
expense for liability for property damage or personal injury that may occur in
connection with activities or omissions by OWENS, and provide continuous
coverage for the full term of this Lease and the Agreement. OWENS shall ensure
that the City's Risk Manager is given thirty (30) calendar days prior written notice, by
certified mail, of any cancellation, lapse, reduction or modification of such
insurance.
21. DEFAULT; TERMINATION; AND FORFEITURE:
A. The failure by OWENS to comply with any material term, provision or condition
of this Lease shall constitute grounds for termination of this Lease. This Lease and
tenancy shall terminate for cause as specified above on written notice by City to
OWENS stating in detail the manner in which OWENS fails or has failed to comply
with this Lease. OWENS shall comply with this Lease in the manner specified in
the notice within sixty (60) days (except twenty days with respect to default
regarding payment of rent or other monetary obligation) from OWENS' receipt of
such notice, provided, however, that if the nature of OWENS' default (other than for
monetary defaults) is such that more than sixty (60) days are reasonably required
for its cure, then OWENS shall not be deemed to be in default if OWENS
commences such cure within said sixty (60) day period and thereafter diligently
prosecutes such cure to completion, otherwise this Lease and tenancy shall be
terminated. Such notice shall be given in writing and served on OWENS by
personal delivery or mailed by certified mail with return receipt requested addressed
to OWENS at its address stated below or such other address as the parties may
advise each other in writing. Notices shall be deemed received three (3) days after
mailing. In addition to the provisions hereinabove, and/or as an alternative or
cumulative remedy, City may, at its sole election, pursue any other action, redress,
or remedy now or hereafter available to City under the laws of the State of
Washington, including state Landlord -Tenant laws.
B. As respects land, land improvements and the buildings and structures thereon,
as additional and not alternative remedy, optional with City and upon sixty (60) days
written notice to OWENS, should OWENS be in default hereunder, City may cure or
correct the same and the cost of such action by City shall immediately become due
and payable to the City by OWENS, together with late fees on said sum at a rate of
ten percent (10%) per annum, and the non-payment of said sum by OWENS shall
be adequate grounds for City to invoke the other remedies as provided in this
Lease.
C. The failure by City to comply with any material term, provision or condition of this
Lease shall constitute grounds for termination of this Lease. This Lease and
tenancy shall terminate for cause as specified above on written notice by OWENS
to City stating in detail the manner in which City fails or has failed to comply with this
Lease. City shall comply with this Lease in the manner specified in the notice within
sixty (60) days from City's receipt of such notice, provided, however, that if the
nature of City's default is such that more than sixty (60) days are reasonably
required for its cure, then City shall not be deemed to be in default if City
commences such cure within said sixty (60) day period and thereafter diligently
prosecutes such cure to completion, otherwise this Lease and tenancy shall be
terminated. Such notice shall be given in writing and served on City by personal
delivery or mailed by certified mail with return receipt requested addressed to City at
its address stated below or such other address as the parties may advise each
other in writing. Notices shall be deemed received three (3) days after mailing. In
addition to the provisions hereinabove, and/or as an alternative or cumulate remedy,
OWENS may, at its sole election, pursue any other action, redress, or remedy now
or hereafter available to it under the laws of the State of Washington, including state
Landlord -Tenant laws.
22. DISPUTE RESOLUTION:
In the event that any dispute shall arise as to the interpretation of this Lease, or in
the event of a notice of default as to whether such default does constitute a breach
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of the Lease terms, and if the parties hereto cannot mutually settle such differences,
then the parties shall first pursue mediation as a means to resolve the dispute. If
both parties consent in writing, other available means of dispute resolution may be
implemented.
23. VENUE, ATTORNEY FEES:
In the event dispute resolution is not successful and litigation is initiated to enforce
the rights and obligations hereunder, venue shall lie in a court of competent
jurisdiction in Yakima County, Washington. The prevailing party shall be entitled to
its reasonable attorney fees in addition to court costs.
24. NON-DISCRIMINATION CLAUSE:
To the extent required by law, OWENS, for itself, its personal representatives,
successors in interest and assigns, as a part of the consideration hereof, does
hereby covenant and agree as follows:
A. No person, on the grounds of race, color, religion, sex, age, marital status,
handicap or national origin, shall be unreasonably excluded from participation in,
denied the benefits of, or be otherwise subjected to discrimination in OWENS'
personnel policies and practices or in the use or operation of OWENS' services or
facilities.
B. OWENS agrees that in the construction of any improvements on, over or under
City land and the furnishing of services thereon, no person, on the grounds of race,
color, religion, sex, marital status, handicap, age or national origin, shall be
unreasonably excluded from participation in, denied the benefits of, or otherwise be
subjected to discrimination.
25. RIGHT OF FIRST REFUSAL:
It is understood and agreed by the parties hereto that in the event the City receives
an offer of purchase for the Property in an amount at or above the current appraised
value at the time of offer from a third party during the period of the Lease
hereunder, OWENS will have twenty (20) days from notification of said third party
offer to match the offer under the terms of a first right of refusal to purchase the
Property. If OWENS fails to present a matching offer within the twenty (20) day
period established herein the City will be free to accept the third party offer and
once the sale has closed, terminate this Lease. In the event OWENS purchases
the property in accordance with the terms set forth herein the City agrees to
compensate Roger Wilson of Wilson Real Estate three (3) percent of the total
Property sale value, less costs, taxes and fees associated with the sale thereof, as
City's share of the sales commission for his representation in the sale and purchase
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of the property on behalf of OWENS.
26. OPTION TO PURCHASE:
It is a further condition of the Lease, and consideration for the terms and conditions
outlined herein, including, but not limited to the requirement to maintain the property
in a good condition, together with the value added by the improvements OWENS
makes to the property, that at such time as the City receives a No Further Action
(NFA) letter from the Department of Ecology for the environmental contamination
work that has been ongoing on the property for several years, the City shall forward
the NFA letter to OWENS and within sixty (60) days from receipt of said letter
OWENS shall present the City with an offer to purchase the property for no less
than the value of the property as it exists on the date the NFA letter is issued, as
determined by a certified commercial real estate appraiser. Prior rental payments
and/or increase in the value of the property due to improvements undertaken by
OWENS shall not be credited to the purchase price. In the event OWENS
purchases the property in accordance with the terms set forth herein the City agrees
to compensate Roger Wilson of Wilson Real Estate three (3) percent of the total
Property sale value, less costs, taxes and fees associated with the sale thereof, as
City's share of the sales commission for his representation in the sale and purchase
of the property on behalf of OWENS.
Initial: (City) Initial: (OWENS)
27. INTEGRATION:
Exhibits and Recitals are incorporated herein by this reference. This Lease and the
Agreement incorporated herein embody the entire agreement between the parties
with respect to the subject matter herein contained. No amendments or
modifications hereof shall be enforceable unless in writing, signed by the party to be
charged.
28. THIRD PARTY BENEFICIARY:
Nothing in this Agreement is intended to create any rights in any entity not a party to
this Agreement nor is any person or entity not named a party herein a third party
beneficiary to this Agreement.
29. NOTICE:
All notices allowed or required hereunder shall be effective if given in writing and
served by personal delivery or delivered by certified mail, return receipt requested,
at the address shown below unless a different address is designated by a party in
writing:
11
If to City; YAKIMA CITY MANAGER
129 N. 2nd Street
Yakima, Washington 98901
If to OWENS: DEAN OWENS
Yakima, Washington 98902
30. BINDING EFFECT AND BENEFIT:
This Lease shall be binding upon and inure to the benefit of the parties hereto, their
successors, assigns and subtenants.
31. AMENDMENTS:
Any Amendment to the Lease shall be made in writing and signed by both parties to
the Lease.
32. SEVERABILITY:
If any term or provision of this Agreement is found invalid or unenforceable by a
court of competent jurisdiction, the remainder of this Agreement shall be
enforceable and effective to the fullest extent permitted by law. Further, the parties
shall negotiate in good faith regarding amendments to this Agreement that would
effectuate the intent of any provision held invalid or not enforceable.
CITY:
CITY OF YAKIMA, WASHINGTON
IR
Cliff Moore, City Manager Date
STATE OF WASHINGTON )
) ss
County of Yakima )
certify that I know or have satisfactory evidence that Cliff Moore signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it as the
12
City Manager of the City of Yakima, Washington to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Date -
By'.
Notary Public
Appointment Expires
OWENS:
DEAN OWENS
By:
Dean Owens
By:
STATE OF WASHINGTON }
) ss
County of Yakima }
Date
Date
I certify that I know or have satisfactory evidence that Dean Owens and
signed this instrument, on oath stated that they were authorized to execute the instrument
and acknowledged it to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
Date
Bv:
Notary Public
Appointment Expires
13
14
CITY OF YAKIMA
LEGAL
DEPARTMENT
"SouthThirdSfte4Yddm.,Wa4u0on %9M R9PS6" Fax (509}5'75.6160
MEMORANDUM
February 17, 2017
TO: Kathy Coffey, Chairperson of the Economic Development Committee
Avina Gutierrez, Member
Holly Cousens, Member
FROM: Sara Watkins, Senior Assistant City Attorney
SUBJECT: Changes in code provisions involving signs, in light of Reed v. Gilbert.
1. Background
In mid -2015, the United States Supreme Court decided Reed v. Town of Gilbert, a case
involving provisions of the Town of Gilbert, Arizona's sign code. The case specifically
looked at the Town of Gilbert's temporary sign provisions, which had different
regulations based on the content of the temporary sign (i.e. temporary signs
communicating noncommercial messages, political signs, and temporary directional
signs were all regulated differently). The Court held that the Town could not regulate
signs based on their content and, therefore, since temporary signs were regulated
differently based on what they said, the Town's sign code provisions were deemed in
violation of law.
Many jurisdictions had content -based restrictions on signs in their sign codes. The City
of Yakima has worked with the Planning Commission to address the Title 15 Sign Code
provisions, and currently is working through the process to bring to Council
amendments to the zoning code regarding the sign provisions.
There are some ordinances outside of Title 15 that also regulate signs. As part of the
review of the Yakima Municipal Code in light of the Gilbert case, the following
amendments are recommended.
March 20, 2017
Page 2
2. Yakima Municipal Code Section 8.30: Street and Building Decorations
a. Background.
The entire street banner regulation is based on the contingency that street banners are
to be used only for community events, not commercial, religious or political
advertisement or purposes. "Community events" is broadly defined to include any
event intended and held for the benefit of the entire community and open to
participation of the entire community. Banners have a maximum permit period of two
weeks.
Governments can provide limited public forums, however, once a government opens up
a limited public forum, it must respect the boundaries it sets and may not exclude
speech whether the distinction is not reasonable in light of the purpose served by the
forum. Cornelius v. NAACP Legal Defense and Ed. Fund, Inc., 473 U.S. 788, 804-806
(1985). If a limited public forum is created by the government, then content based
discrimination is allowed if it preserves the purposes of the public forum, however, the
government cannot discriminate against viewpoints of entities seeking to use the limited
public forum if they meet the limitations of the forum. Perry Ed. Assn. v. Perry Local
Educators' Assn., 460 U.S. 37, 46 (1983). When the state is the speaker, it can say
what it wishes and select the views it wants to express. Pleasant Grove City, Utah v.
Summum, 555 U.S. 460 (2009).
The City opened up the banner program to promote community activities and
community organizations, and, therefore, created a limited public forum for speech
activity.
b. Proposed amendments: Summary
The proposed amendments are included in redline. Highlights include:
1. Added the definition of "decorative material" for clarification.
2. Bolstered the purpose section of YMC 8.30.015 to clearly indicate that the
ordinance is for the display of public event and public service messages in
the limited public forum. It also allows the City to use the banner space for
its purposes.
3. Removed language stating specifically that events must be nonreligious
and nonpolitical in nature from YMC 8.30.040 as it was duplicitous to the
language in YMC 8.30.050.
4. Removed language allowing other jurisdictions to promote their community
events outside of the City of Yakima.
March 20, 2017
Page 3
5. Removed language regarding priority for banner placement if events have
happened annually for at least 3 years to ensure fairness in competition for
banner space.
6. Added language to ensure that decorative materials not be placed on
banners in YMC 8.30.080.
7. Added language that requires applicants to pay all costs of removing a
banner if it is not removed after the permit period. YMC 8.30.080.
3. Sign Code: Yakima Municipal Code 11.08
a. Background
YMC 11.08 is the building code portion of the sign code. It supplements the provisions
found in Title 15, which addresses land use issues and locations of specific types of
signs. The ordinance adopts the Uniform Sign Code, 1991 Edition. The ordinance has
not been updated since 1991. It may be advantageous to evaluate whether adoption of
a more contemporary uniform code regarding construction of signs is appropriate, but
that was not evaluated as part of my review.
b. Proposed Amendments: Summary
The proposed amendments are included in redline. Highlights include:
1. Additional language in YMC 11.08.010 stating that this code section should
work in conjunction with the Title 15 sign code regulations.
2. The definition of "sign" was changed to mirror the definition found in Title
15.
3. YMC 11.08.030 changes include references to Title 15, and changes to
language to make the regulations content neutral.
4. YMC 11.08.040 was amended to reference the correct chapter for permit
fee information.
5. Amendments to YMC 11.08.070 mirror changes found in Title 15 regarding
projecting signs and temporary signs projecting into streets (not allowed).
6. Content -based restrictions were removed from 11.08.080.
7. Additional language clearly excepting from permit requirements lawful
tenants of buildings being allowed to perform work installing or constructing
signs with the owner's permission. This issue recently came up and it was
determined that the ordinance was not clear. The change would allow a
commercial tenant with a written lease to erect, remove, service or
maintain a sign on the property without obtaining a permit. Owners are still
allowed this permit exemption as well.
RESOLUTION NO. R-2015-062
A RESOLUTION authorizing the City Manager to execute an agreement
between JEM Development Company and the City of Yakima
for parking lot utilization in the downtown core.
WHEREAS, the City of Yakima has an opportunity to provide the use of
additional parking spaces in the downtown area where residents and
visitors can park while enjoying the restaurants, wineries,
attractions, and entertainment offered in downtown Yakima; and
WHEREAS, JEM Development owns several vacant parking lots in the
downtown core and is willing to make two of them available to the
City of Yakima for the convenience of downtown visitors; and
WHEREAS, the City desires to enter into a two-year agreement with JEM
Development to use a total of 260 of JEM's parking spaces, 180 of
which are located in the area of North 4th Street and Staff Sgt.
Pendleton Way and 80 of which are located at the corner of Naches
Avenue & Chestnut Ave.; and
WHEREAS, JEM Development will make the 260 parking spaces available for
public parking at no cost to the City of Yakima in accordance with
the terms of the Parking Agreement attached hereto and
incorporated herein by this reference; and
WHEREAS, the City will be responsible for maintaining the lots in their current
condition, performing basic maintenance duties, and paying the
annual property tax of $7,422 for the two lots which equates to
$28.00 per space annually; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated two-year Parking Agreement with JEM Development for use of 260
parking spaces in the downtown core area.
ADOPTED BY THE CITY COUNCIL -this 5th day of May, 2015.
Micah Cawi y, Mayor
1� 1
ATTEST:
onya Claar Te , City berl
LEASE AGREEMENT — PARKING LOTS
City of Yakima
And
JEM Development Company
THIS LEASE AGREEMENT- PARKING LOTS (the "Lease") is entered into and
effective as of the &-"6-day of May, 2015 (herein the "Effective Date"), by and between
JEM Properties, LLC, Morrier Family Realty, LLC, and JEM Development Real Estate,
Inc., doing business as JEM Development Company (collectively, the "Lessor'), and the
City of Yakima, a municipal corporation (the Lessee, hereafter called "City"). Lessor
and City are sometimes referred to herein collectively as the "parties".
I. Recitals
A. The companies comprising Lessor are a corporation or limited liability company,
each of which is duly formed and existing under the laws of the State of Washington,
with principal business offices located at 402 East Yakima Avenue, Suite 1200, Yakima,
Washington 98901.
B. City is a municipal corporation duly formed and existing under the laws of the
State of Washington, with City Hall located at 129 North 2nd Street, Yakima, Washington
98901.
C. Lessor owns, operates and maintains property and structures, more particularly
described below, which are adequate and available for parking of vehicles. Lessor and
City desire to enter this Lease, whereby Lessor will make available to City the described
parking lots and structures for parking of vehicles for the public and for access of the
public in connection with the parking of vehicles.
II. Agreement
In consideration of the mutual covenants, conditions and benefits in this Lease, the
Lessor and the City agree as follows.
1. The Premises. The Lessor hereby leases to the City, and the City hereby leases
from the Lessor, the following six (6) parcels situated in the City of Yakima, Yakima
County, Washington (collectively called the "Premises"), and as further collectively
shown on the maps attached hereto as Exhibit "A," which Exhibit "A" is hereby
incorporated herein by this reference:
(A) Parkin Lot A: North 40 Street and North Naches Avenue Parcels.
The following three (3) parcels comprise Parking Lot A, improved as paved
parking lots with 80 parking spaces, collectively:
(i) Parking Lot, 101 North 4th Street.
This parcel is approximately 0.45 acre in size and is located at the corner
of East "A" Street and North 4th Street. This parcel is legally described as
follows:
Lots 14, 15 and 16 of Block 89. Plat of Yakima, being within the
Northwest quarter of Section 19, Township 13, Range 19 E.W.M.;
EXCEPT the South 10 feet of said Lot 16 for street right of way.
Yakima County Assessor's Parcel No. 191319-21447.
(ii) Parking Lot, 107 North 4th Street.
This parcel is approximately 0.32 acre in size and is located north of and
abutting Parcel (i) described above. This parcel is legally described as
follows:
Lots 12 and 13, Block 89, Plat of Yakima
Yakima County Assessor's Parcel No. 191319-21445.
(iii) Parking Lot, 108 North Naches Avenue.
This parcel is approximately 0.32 acre in size and is located east of and
abutting Parcel (ii) described above. This parcel is legally described as
follows:
Lots 4 and 5, Block 89, Plat of Yakima
Yakima County Assessor's Parcel No. 191319-21440.
Parcel A(i) above is owned of record by Morrier Family Realty, LLC, a
Washington limited liability company. Parcels A(ii) and A(iii) above are owned of
record by JEM Development Real Estate, Inc., a Washington corporation (the
legal name of which was changed from "Yakima Mall Shopping Center
Corporation" to "JEM Development Real Estate, Inc.", by Amendment to Articles
of Incorporation filed with the Washington Secretary of State's office).
(B) Parking Lot B: Parcels on southeast corner of intersection of East
Chestnut Avenue and South Naches Avenue. The following three (3) parcels
comprise Parking Lot B, improved as paved parking lots with parking
spaces, collectively:
(i) Parking Lot, 101 South Naches Avenue.
This parcel is approximately 8,796 square feet in size and is located at the
southeast corner of the intersection of East Chestnut Avenue and South
Naches Avenue. This parcel is legally described as follows:
Lot 16 and the North one-third of Lot 15, Block 112, Plat of Yakima.
Yakima County Assessor's Parcel No. 191319-13426.
(ii) Parking Lot, 103 South Naches Avenue.
This parcel is approximately 8,985 square feet in size and is located south
of and abutting parcel (i) described above. This parcel is legally described
as follows:
The North two-thirds of Lot 14, and the South two-thirds of Lot 15,
Block 112, Plat of Yakima.
Yakima County Assessor's Parcel No. 191319-13425.
(iii) Parking Lot, 105 South Naches Avenue.
This parcel is approximately 9,191 square feet in size and is located south
of and abutting parcel (ii) described above. This parcel is legally
described as follows:
Lot 13, and the South one-third of Lot 14, Block 112, Plat of
Yakima.
Yakima County Assessor's Parcel No. 191319-13424.
Said parcels comprising Parking Lot B are owned of record by JEM Properties,
LLC, a Washington limited liability company.
2. Term. The parties agree and understand that the purpose of this Lease is to provide
additional public parking spaces during the time that the "Downtown Plaza" (situated on
the City -owned property commonly known as 22 South 3`d Street (Yakima County
Assessor's Parcel No. 191319-24507)) is being constructed. Consequently, the term of
this Lease will commence upon the date that a written "Notice to Commence" is issued
by City to Lessor (hereafter the "Commencement Date"). The initial term of this Lease
will be for a two (2) year period ending on the second (2"d) anniversary date of the
Commencement Date, subject to administration on a month-to-month basis until
termination as set forth below.
Unless earlier terminated in accordance with the terms hereof, this Lease shall be
automatically renewed for four (4) additional two-year terms; provided that, the final
term shall in any event end no later than May 31, 2125. Either party shall have the right
to terminate this Lease in its entirety, or the right to modify the Lease by terminating the
application of this Lease to any one or more of the parking lots comprising Parking Lot A
or Parking Lot B as defined and described in Section 1 above, upon sixty (60) days prior
written notice in accordance with and pursuant to Section 17 below. Either party may
elect nonrenewal of this Lease, or modification of this Lease by withdrawing any one or
more of the parking lots comprising Parking Lot A or Parking Lot B as defined and
described in Section 1 above, by delivering written notice of nonrenewal to the other
party at least sixty (60) days prior to the date of the expiration of the then term of this
Lease.
Notwithstanding the above, the parties anticipate that City will issue its Notice to
Commence within two years after execution of this Lease. If such Notice to Commence
is not issued by City on or prior to the 2nd anniversary date of the Effective Date then
this Lease shall expire and terminate without further notice to either party.
3. Use. City shall use the Premises as parking lots for the general public (and not for
City's employees, contractors and the like) and for no other use or purpose. City shall
not allow its employees or any other persons to use the Premises for any use or
purpose other than parking for the general public without the prior written consent of the
Lessor, which consent may be withheld in the Lessor's sole and absolute discretion.
City shall have the sole right and authority to regulate and control use of such parking
lots for the general public during the term of this Lease, and may post appropriate
signage governing allowable purposes and parking times. City shall not permit anything
to be done in or about the Premises that will in any way conflict with any law, statute,
ordinance or governmental rule or regulation now in force or which may hereafter be
enacted or promulgated. Provided that, notwithstanding the foregoing, City may permit
its employees and its guests the non-exclusive use of Parking Lot B in the manner and
to the extent as provided in that certain Lease dated February 17, 2015, by and
between City and The Tower, LLC, a Washington limited liability company (and an
affiliate of Lessor herein) for the lease of Suite 100 in that certain property known and
generally referred to as the "Tower Annex."
4. Rent. City will not pay rent, but Lessor agrees and acknowledges that performance
of City's improvements, maintenance and repair obligations, as well as other mutual
benefits, as set forth herein and below, constitute good and sufficient consideration
supporting this Lease.
5. City Improvements. City will restripe all of the parking lots comprising Parking
Lot A and Parking Lot B and will provide signage as deemed appropriate in City's sole
discretion, all at City's sole cost. For purposes of information only, the City estimates
that the cost of restriping of Parking Lot A will be approximately $3,000.00.
6. Security Deposit. None
7. Utilities. City shall pay any and all charges for water, sewer, gas, electricity,
telecommunication, cable, and all other utilities at the Premises and shall establish
accounts directly with the utility providers.
8. Maintenance and Repair; Upkeep of Premises; Hazardous Substances. City is
solely responsible for all maintenance and repair of the Premises, including but
specifically not limited to snow removal. City shall keep the Premises in a neat and safe
condition. The City shall maintain the Premises in compliance with all laws, ordinances,
or regulations governing the Premises and the City's use of the Premises. The Lessor
shall have no obligation to make any repairs or improvements to the Premises from and
after the Effective Date and during the term of this Lease. City's duties to repair and
maintain the Premises shall not include any duty or responsibility to replace pavement
on the Premises, or to repair damage to such pavement caused by ordinary wear and
tear. City's duty to repair pavement shall be limited to that portion of any existing
pavement excavated by City to facilitate installation of lighting or any other approved
City improvement.
City shall not keep on or around the Premises, for the use, disposal, treatment,
transportation, generation, storage or sale, any substances designated as or containing
components designated as hazardous, dangerous, toxic or harmful, and/or which are
subject to regulation as hazardous substances by any federal, state or local law,
regulation, statue or ordinance (collectively referred to asHazardous Substances").
Without limiting the foregoing City shall with respect to any such Hazardous Substance
comply promptly, timely, and completely with all governmental regulations regarding
Hazardous Substances. In the event City shall be found to have violated any of the
above covenants, any and all costs incurred by Lessor as a result of City's non-
compliance, including Lessor's attorneys fees and costs, shall be additional rent and
shall be due and payable to Lessor immediately upon demand by Lessor. Without
limiting the foregoing, City shall be fully and completely liable to Lessor for and shall
indemnify, defend and hold Lessor harmless from and with respect to any and all
cleanup costs and any and all other charges, fees, penalties (civil and criminal) imposed
by any governmental authority with respect to the use, disposal, treatment,
transportation, generation and/or sale of Hazardous Substances, in or about the
Premises.
9. Property Taxes. Upon commencement of this Lease and continuing during the term
of this Lease, City shall be responsible for paying the property taxes.
10. Condition. City has had the opportunity to inspect the Premises prior to signing this
Lease and accepts the Premises in their "AS IS" condition without any representation
from the Lessor as to its condition or suitability for City's intended use.
11. Alterations. Except as set forth above in Paragraph 5 of this Lease, City shall not
make any alterations, additions, or improvements to the Premises without first obtaining
5
the written consent of the Lessor, which consent may be withheld in the Lessor's sole
discretion.
12. Liability; Indemnification; Release. City hereby agrees to indemnify and to hold
Lessor harmless from and to defend Lessor against: (a) any and all claims of liability for
any injury or damage to any person or property whatsoever occurring in, on or about the
Premises or any part thereof, except only those claims for liability arising solely from the
intentional acts or gross negligence of Lessor or its agents or representatives in, on or
about the Premises; (b) any and all claims arising from any breach or default in the
performance of any obligation on City's part to be performed under the terms of this
Lease, or arising from any act or negligence of City, or any of its agents, contractors,
employees or invitees; and (c) any and all costs, attorneys fees, expenses and liabilities
incurred by Lessor relating to any such claims in (a) or (b) above or in any action or
proceeding brought thereon.
Nothing in this Lease or in this section shall create any obligation by either party (or
both parties) to defend, hold harmless or indemnify any person or member of the public
entering upon or using the Premises described herein. Nothing in this Lease or in this
section shall be construed to create any liability for any personal injuries (including
death) or property damage caused by or resulting from the use of the Premises by any
third party and/or member of the public entering upon or using the Premises or parking
spaces described herein.
13. Insurance. City will procure and maintain, at its sole cost and expense, during the
term of this Lease, insurance satisfactory to the Lessor, insuring the Lessor (a) from
liability for damage to person or property and (b) for contractual liability arising in whole
or in part from action or inaction by, or on behalf of, the City arising out of the rights or
obligations of City under this Lease. For the avoidance of doubt, City does not have
responsibility to obtain insurance for replacement of the Premises in the case of a
catastrophic 'event, which coverage is the responsibility of the Lessor in Lessor's
discretion.
As of the Commencement Date of this Lease, and continuing without interruption during
the term of this Lease, City shall provide certificate(s) of insurance to Lessor on behalf
of City. The certificate(s) of insurance shall meet the following minimum requirements.
Commercial General Liability Insurance. City shall provide Lessor with a
certificate of insurance as proof of commercial liability insurance and commercial
umbrella liability insurance with a total liability limit of the limits required in the
policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per
occurrence combined single limit bodily injury and property damage, and Two
Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly
state who the -provider is, the coverage amount, the policy number, and when the
policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Lease. The policy shall name the Lessor, its officers, agents, and
employees as additional insureds. City shall not cancel or change the insurance
without first giving Lessor thirty (30) calendar days prior written notice. The
insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and licensed in the State of Washington
14. Assignment; Sublease. City shall not assign this Lease and City shall not sublease
the Premises in whole or in part.
15. Lessor's Right of Access. The Lessor, or the Lessor's employees or agents, shall
have the right to enter the Premises in a reasonable manner upon reasonable advance
notice to City to inspect the Premises or to conduct surveys, testing, or studies in
connection with any engineering, design, financing, or permitting activities related to
potential development of the Premises; provided, however, that no notice will be
required in emergency circumstances where it is impractical to provide City with
advance notice. The Lessor shall use reasonable efforts to minimize any disruption of
City's activities.
16. Default. Each of the following shall constitute an Event of Default:
a. The City fails to maintain at all times the insurance required by this Lease.
b. Either party fails to comply with any agreement or requirement in this Lease,
other than the obligations listed in subsection (a), for a period of thirty (30) days
after notice from the Lessor.
If an Event of Default has occurred and continues, the non -defaulting party may
terminate this Lease and pursue any other remedies available under Washington state
law. In any litigation, the substantially prevailing party shall be entitled to collect from
the other party, in addition to any damages, all reasonable costs, fees, and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in pursuing its
remedies.
17. Termination. Either party may terminate this Lease in whole or in part by delivering
at least sixty (60) days' advance written Notice of Termination to the other party. For
avoidance of doubt, the City or Lessor may terminate this Lease in its entirety or only in
part by terminating the lease with respect to any one or more of the parking lots
comprising Parking Lot A and Parking Lot B as defined and described in Section 1
above. On the expiration of the Term, or any earlier termination of this Lease, the City
shall: (a) immediately vacate the Premises (or the portion thereof terminated); (b) repair
all damage to the Premises (or the portion thereof terminated) caused by the City's
removal of its equipment and property from the Premises; and (c) restore the terminated
Premises to the general condition that existed at the commencement of the Term,
reasonable wear and tear excepted. The City's indemnity obligation shall survive the
termination or expiration of this Lease.
18. Entire Agreement, Applicable Law, Venue. This Lease contains the entire
agreement of the parties with respect to the leasing of the Premises and no
i7
representations or agreements not included in this Lease shall be enforceable unless in
writing and signed by the party to be charged. This Lease shall be governed by and
interpreted in accordance with the laws of the State of Washington. Venue for any
action arising out of the performance, breach or enforcement of this Lease shall lie in
Yakima County, Washington.
IN WITNESS WHEREOF, the Lessor and the City have caused this Lease to be
executed by their duly authorized agents as of on the date first written above.
CITY:
CITY OF YAKIMA
ony
ATTES'
ANIi
, City Manager
�, -05onya C16ar ee, City Clerk
Crit cONTRACT NO' 2 0'1Z `► 3
RESOLUTION NO: 6- ��—�-�' Z
LESSOR:
JEM DEVELOPMENT REAL ESTATE,
INC.; JEM PROPERTIES, LLC;
MORRIER FAMILY REALTY, LLC
W
L
Joseph Morrier, resident and
Manager, respe tively
By.&a #A. M U�lub
kA.( macre to ry
ATTESTATION
8
STATE OF WASHINGTON )
) ss.
Yakima County )
At Yakima, Washington, this .S day of _-- 2015, personally appeared
JOSEPH MORRIER, President, and fl, 6 -i� Oje&raa , Secretary,
duly authorized officers agent of JEM Development Real Estate, Inc., and JOSEPH
MORRIER, as Manager of JEM Properties, LLC and as Manager of Morrier Family
Realty, LLC, and acknowledged this instrument, by said officers sealed and subscribed,
to be said officers' free act and deed and the free act and deed of the LESSOR named
above.
,�• �S DRA0''�f
:
■y p t%0TAF1 Y
w ■
PuRoo m O
►r'�� URRY 2�'' •fi:�i
`':cap i1 P's `,,,
STATE OF WASHINGTON
Yakima County
�u�
NOTARY PUBLIC in and for the Statp of
Washington, residing at: WIC
My Commission Expires;
At Yakima, Washington, this day of , 2015, personally appeared
TONY O'ROURKE, City Manager of the City 6f Yakima, CITY named above, and
acknowledged this instrument, by said officer sealed and subscribed, to be said officer's
free act and deed and the free act and deed on behalf of the CITY named above.
KAARRE ALLYN
:Notary Public
State of Washington
My Commission Expires
April 11, 2016
wr -
/,) aavuq-
NOTAIRY PUBLIC in and for'the State of
Washington, residing at:
My Commission Expires: t V — 1 —A to
I)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 5 C
For Meeting of May 5 2015
ITEM TITLE Resolution authorizing the City Manager to enter a Parking
Agreement with JEM D evelopm ent Company
SUBMITTED BY SeanHawkins Economic Development Manager 575 6274
SUMMARY EXPLANATION
The following two year agreement will allow the City to lease 260 new public parlang spaces from JEM
Development The parking lot locations are on the Northeast corner of N 4th Street and Sergeant
Pendleton Way (180 spaces) and the Southeast corner of Naches Avenue and Chestnut Street (80 spaces)
There is no fee to lease the parking spaces over the course of the agreement however the City will agree
to the following items
1) The City will agree to pay the property taxes on both lots which is estimated to be 7 422 per
year or $28 00 per space annually
2) The City will agree to fix pot holes in each lot and restripe each lot
3) The City will perform basic maintenance including street sweeping weed abatement or other
basic litter removal services
4) The City will indemnify JEM Development for any claims of liability
Resolution X
Other (Specify)
Contract
Start Date
Item Budgeted
Funding SourcefFiscal Impact
Strategic Priority
Insurance Required9 No
Mail to
Phone
Ordinance
Contract Term
End Date
Amount
Economic Development
APPROVED FCRL-
SUBMITTAL � � City Manager
RECOMMENDATION
Staff recommends Council authorize the City Manager to sign the parking agreement between JEM
Development and the City of Yakima
ATTACHMENTS
Descripbon Upload Date Type
D Resolution vwthJEM Devfor parking 4rIM015 C-overMemo
D Parking lot lease JEM Development 4P, OP -01 S Cover M em