HomeMy WebLinkAboutR-2018-045 First Amendment to Transform Yakima Together Lease; Temporary Homeless EncampmentRESOLUTION NO. R-2018-045
A RESOLUTION authorizing the City Manager to amend an existing a lease with Transform
Yakima Together for the purpose of operating a temporary homeless
encampment on city owned property
WHEREAS, the City owns a large piece of property east of the wastewater treatment
plant and off South 22nd Street, of which approximately two acres was made available to
Transform Yakima Together on October 17, 2017 under Resolution 2017-129 for a temporary
homeless encampment pursuant to a lease agreement entered into between the City and
Transform Yakima Together outlining the terms and conditions of the use of the property; and
WHEREAS, Transform Yakima is a religious organization as defined in RCW 35 21 915
that intends to operate and manage a temporary homeless encampment on the leased
premises pursuant to the lease agreement, and
WHEREAS, Transform Yakima Together is preparing to re-establish the encampment
on City owned land for the 2018 season and has requested several modifications to the lease
agreement with regards to the use of the leased property, and
WHEREAS the modifications to the lease requested by Transform Yakima Together
include a diversity of residents such a families with children and longer term/winter use, and
WHEREAS, the City Council evaluated the requests and determined that, with the
restrictions outlined in the approved lease, children under the age of eighteen could be allowed
at the camp, but that winter use should not be allowed and the original term conditions
regarding months on which homeless persons could utilize the encampment should remain, and
WHEREAS, the City Council did not find that the lease should be amended to provide
for year-round use of the property for a temporary homeless encampment, and
WHEREAS, the request to support a location for a permanent location of a low barrier
shelter is a separate process and will not be located at this current camp site or evaluated as
part of this resolution and lease amendment; and
WHEREAS, the need for a low barrier homeless shelter is one of the highest priorities of
the Yakima County 5 -Year Plan to End Homelessness" and the City of Yakima experiences a
higher incidence of homeless than other communities in the Yakima Valley; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to approve the amendments to the lease, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Council authorizes the City Manager to sign the amended lease with
Transform Yakima Together for operation of a temporary homeless camp on city owned
property.
ADOPTED BY THE CITY COUNCIL this 15th day of May, 2018
ATTEST.
101,
Sonya Cla'a )Tee, City Clerk .'.
AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND
TRANSFORM YAKIMA TOGETHER
THIS AMENDMENT TO THE LEASE AGREEMENT is made and entered into by
and between TRANSFORM YAKIMA TOGETHER, a public benefit corporation
registered with the State of Washington and a religious organization pursuant to RCW
35.21.915 ("Lessee") and THE CITY OF YAKIMA, a Washington municipal corporation
("City").
WHEREAS, on October 17, 2017, the City and Lessee entered into a "Lease
Agreement Between the City of Yakima and Transform Yakima Together", City Contract
No. 2017-178 ("Lease"), whereby the City leased unimproved land at no charge for a
period of three years in exchange for the Lessee providing services to the homeless in
Yakima, including, but not limited to, shelter in the form of an encampment; and
WHEREAS, the Lessee has requested amendments to the Lease to
accommodate additional populations; and
WHEREAS, the City is willing to amend the Lease with additional amendments
regarding to religious activities on the property;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the Lessee as
follows:
Section 1: Section 5 of the attached and incorporated "Lease Agreement Between
the City of Yakima and Transform Yakima Together" is amended to read as follows.
5. USE.
(a) Age restrictions. Unaccompanied persons under the age of 18 are
prohibited at the homeless encampment. Persons under the age of 18 must
be accompanied by a parent or legal guardian and should be encouraged to
take advantage of services through other entities. LESSEE should put
families with children in contact with other agencies that can provide services
to families with children. If there is no other option for the family with children,
such family with children may stay at the homeless encampment if there is an
approved area for families. Approved areas must be physically separated
from the general encampment by a site screened fence and gate that is
guarded 24 hours per day by a staff person that is not a resident. Approved
areas must have their own bathroom and handwashing facilities, as well as
their own community areas for relaxing, eating and/or recreation.
(b) From March 15th through November 15th. LESSEE agrees to use the
leased premises for operating and facilitating a temporary encampment for
homeless adults (persons 18 years of age or older). Attached as Exhibit 2,
subject to the terms outlined in this lease agreement and fully incorporated
herein, is an operations plan and summary of the services and activities that
are expected to be offered at the temporary homeless encampment when in
operation, subject to the terms outlined in this lease agreement. All persons
occupying the temporary homeless encampment shall be transitioned off of
the property on or before November 15th of each year. No persons shall
occupy the property and use it as a temporary encampment or otherwise stay
overnight, camp or otherwise occupy the property in a temporary residential
capacity during any other time.
(c) From November 15th through March 15th (winter months). LESSEE
agrees that during the winter months, from November 15th through March 15th
of each year, there shall be no homeless accommodations or services, either
overnight or during the daytime at the site. The site shall only be used for
maintenance of the property by LESSEE, development or improvement of the
property by LESSEE, or storage of equipment and items by LESSEE.
Further, temporary tents, portable toilets, temporary hand -washing stations
and other similar items must be taken down, removed from the property, or
stored within weather -tight buildings on the property. No tents shall remain
during the winter months.
(d) Additional facilities onsite. LESSEE, with express written permission of
LESSOR, through its City Manager, or his or her designee, may construct on-
site facilities such as community buildings, water and sewer connections, or
other similar improvements and facilities to be used during the time the
temporary encampment is functioning (March 15th through November 15th)
upon receiving all necessary permits pursuant to the Yakima Municipal Code
and state law. Any such facilities may be used for storage of personal
property during the winter months, but may not be used to house people or
conduct activities. Any such facilities should be winterized, but may be
accessible to LESSEE for the purposes of accessing stored items.
(e) Tiny Homes. As part of the temporary homeless encampment, up to ten
(10) temporary tiny homes may be placed on the site. Said tiny homes shall
be on skids, so as to be removable. No tiny homes may be connected to
water or sewer facilities and must be "dry" units.
(f) Organized Religious Activities. No homeless services provided by
LESSEE or any of LESSEE's subcontractors shall be denied due to a
person's religious affiliation or lack thereof. LESSEE is hereby prohibited
from conducting, or allowing other organizations to enter the encampment
and conduct, prayer and other religious activities in locations and at times
where the camp's residents' only way to avoid them is to leave a common
area or the encampment. This includes any community or dining tents.
Section 2: Except as expressly modified herein, all other terms and conditions of the
attached Lease shall remain in full force and effect.
Section 3: Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this Amendment is declared invalid or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this Amendment.
CITY OF YAKIMA
Cliff Moor -1t1 ity Manager
Date: I t 1
ATTEST:
TRANSORM YA TOGETHER
Andrew Ferguson, Exsrive Director
City Clerk
STATE OF WASHINGTON
County of Yakima
CITY CONTRACT NO' .f� /7-/g/4/>'�idi
RESOLUTION NO:
I certify that I know or have satisfactory evidence that Andrew Ferguson, the Executive
Director of Transform Yakima Together, 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.
Dat , ewe - l
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COMMISSION
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NOTARY
PUBLIC
MAY 29, 201
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STATE OF WASHINGTON
County of Yakima
By: v.\Apc, c��Z
Notary f ublicfor the State of Vashington
Residing at: �a��`�r•� , (j3
Appointment Expires ' \ L-'9
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I 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 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. �'%/7//
Notary Public
State of Washington
KAARRE ALLYN
MY COMMISSION EXPIRES
January 12, 2020 ,,,
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By:
Notary Public for the State of Washington
Residing at: /de/oca 1.v AL
Appointment Ex fres - ��
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 10.
For Meeting of: May 15, 2018
Resolution authorizing modification to lease with Transform Yakima
Together for Property adjacent to City Wastewater Treatment Plant
for operation of Camp Hope
Cliff Moore, City Manager
Sara Watkins, Senior Assistant City Attorney
Joan Davenport, Director of Community Development
SUMMARY EXPLANATION:
Transform Yakima Together (TYT) is in the process of planning the possible reopening of Camp
Hope at the previous location, adjacent to the City of Yakima's Wastewater Treatment Plant. The
City of Yakima approved a lease with TYT on October 17, 2017 by Resolution R-2017-129. This
lease describes vacant land owned by the City of Yakima, adjacent to the Wastewater Treatment
Plant complex, on the south side of Viola Avenue and west of 22nd Street. The term of the lease
is through November 15, 2020.
Two versions of the lease are included in the packet. A redline version includes the requests (and
related observations) for updates made by TYT in their April 26, 2018 letter. A clean version with
no underlines is also included.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
Public Safety
City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHM E NT S :
Description
O Letter from TYT requesting Lease Modification
D Resolution to approve amended lease with TYT
0
nded Lease with TYT, redline \,,ersion
• Amended Lease with TYT, clean version
O Lease exhibit 1
Upload Date
5/4/2018
5/7/2018
5/7/2018
5/7/2018
5/9/2018
2
Type
Backup Material
Resol ution
Backup Material
Backup Material
Cover Memo
3
YAKIMA TOG ETH E R
April 26, 2018
To: Joan Davenport, Department of Community Development Director
Cliff Moore, Yakima City Manager
Joseph Calhoun, Planning Division Manager
Sara Watkins, Yakima Assistant Senior Attorney
RE: Amending Lease with Transform Yakima for Property Adjacent to City Waste Treatment
Plant for Future Use for Camp Hope.
Dear Joan, Cliff, Joseph and Sarah
Pursuant to our recent letters and conversations regarding the Englewood shelter location and
the future of Camp Hope, we, along with City and YVCOG officials agree that there is a critical
need for a low -barrier homeless shelter/encampment and would, therefore, like to continue
the conversation.
Although there are many worthwhile projects working on housing solutions for the homeless
such as the Justice Housing project, the armory conversion by YHA, and Roy's Market, the
priority of a low -barrier homeless shelter in Yakima is reflected in and affirmed by the YVCOG 5 -
Year Plan for dealing with homelessness.
As you know, we have been pursuing a permanent site for a low -barrier homeless shelter for
over a year and, unfortunately, have little to show for it except the service provided and the
benefits thereof during that time. Sadly, there remains the task of locating and establishing a
permanent solution for this project. And, per our letter of April 13, we are not in a place to
continue that work alone without substantial support from the community and funding
agencies.
With the deadline of June 30 approaching all too quickly, it is imperative that we all work
together to find a solution. Based on recent conversations with City staff and the YVCOG
Executive meeting of 4/21/2018, I believe there is enough consensus for us to move forward
and, therefore, present the following plan and requests.
Future of Camp Hope as a Strategic Component to Solving Homelessness in Yakima
As we have discussed and previously recommended, we propose creating a permanent site at
the property adjacent to the old Kmart (now U -Haul). It is obvious that the work needed to be
done for a comprehensive plan and the development of the property is something that will take
PO Box 363, Yakima, WA, 98907 (office) 509-426-2929
www.transformyakima.com (fax) 509-426-2911
4
YAKIMA TOG ETH E R
some time. Therefore, it should be approached in phases while the planning, funding, and
infrastructure development is being done.
A phased approach
Phase 1
We need a location to operate a low -barrier shelter / managed encampment while the long-
term plan and logistics are being worked out by all the parties involved, estimated to take two
years. Therefore, we would propose that we move forward with the property adjacent to the
waste treatment plant (same location as last year) as a temporary (2 year) location as follows:
Description: A more durable metal framed canvas 'wall tent' version of the original Camp Hope
as a low -barrier shelter / managed encampment along with common restroom and kitchen
facilities. In addition, a separated row of tiny homes would be added to provide needed
housing for families. (See Camp diagram. We are still working on final plans for restrooms and
office space so the plan may be subject to revision.)
Phase 2
A long-term shelter facility (campus) would be developed on the open land East of the U -Haul
facility with and by the cooperation of all stakeholders over the next two years.
Needed to complete:
To accomplish the above, we would ask the City to take the lead on providing a permanent
location for the shelter through the zoning and planning process — comp plan review and
amendments, along with City Council approval for the plan. In addition, TYT respectfully
requests that the City do the following:
1. Amend the current lease with TYT to accommodate the required greater
capacity and diversity of residents (including families within a prescribed
protected area), longer term and winter use, as well as the allowance for a second
driveway, parking area, utility metering, and increased space as needed for the
expanded capacity.
2. Provide or work with other agencies to provide utilities for the camp, including,
water & sewer and expanded electrical capacity. Current City estimates are
approximately $100,000 to run water and drainage to the site. This includes
estimated labor, material, easement and connection fees. There are no current
estimates for developed electrical capacity. It is our belief after Monday's meeting
PO Box 363, Yakima, WA, 98907 (office) 509-426-2929
www.transformyakima.com (fax) 509-426-2911
5
YAKIMA TOG ETH E R
with the YVCOG Executive Board that there are resources available to accomplish
this.
3. Waive all fees for permits etc., as allowed by RCW 35:8c.
Although the uncertainty of our location kept us from being able to apply for the recent RFP
opportunity with YVCOG, we believe that the funding for the ongoing operations of Camp Hope
can still be obtained through YVCOG, if we are able to come up with a plan that is agreeable to
all parties.
We believe we have the opportunity to settle this issue and develop a permanent solution and
location. We hope the City can see its way clear to work with us on this plan. TYT continues to
stand ready to serve. However, homelessness is a community problem, therefore, it must
proceed on the basis that we are working as a partner with the City and not seen as (or treated)
as a third party.
To that end, we offer this proposal for what the future of the Camp Hope location could look
like and accomplish. (However,) The impetus for pursuing a comprehensive, strategic solution
needs to come from our community leaders.
Sincerely,
Andy Ferguson, Executive Director
Transform Yakima Together/ Camp Hope
cc. Yakima City Council
PO Box 363, Yakima, WA, 98907 (office) 509-426-2929
www.transformyakima.com (fax) 509-426-2911
11
LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
TRANSFORM YAKIMA TOGETHER
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Transform
Yakima Together, a public benefit corporation registered with the State of Washington and a
religious organization pursuant to RCW 35.21.915 (hereinafter "LESSEE")
WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE
desires to occupy and use such property in accordance with this Lease and RCW 35.21.915,
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to
be derived by each party, the parties agree as follows:
1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, that unimproved property described below
(hereinafter referred to as "Property" or "leased premises") and as depicted on the drawing
marked as Exhibit 1, attached hereto and by this reference made a part hereof:
All that portion of Tracts 33 and 40 of Goodwin's Five Acre Tracts, Recorded in
Volume 'A' of plats, Page 18, records of Yakima County, Washington described
as follows:
Beginning at the Southwest Corner of Tract 40, as described on Record of Survey,
recorded under Auditors File No. 7718968, records of Yakima County,
Washington; thence N 0°15'41" E 75 feet; thence S 89°44'19" E 10 feet, to the
point of True Beginning; thence N 0°15'41" E 345 feet; thence S 89°44'19" E 280
feet; thence S 0°15'41" W 345 feet; thence N 89°44'19" W 280 feet, plus or minus,
to the point of True Beginning.
PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use the
Property as a temporary homeless encampment for approximately 8 months per year
pursuant to RCW 35.21.915. LESSEE acknowledges and understands that the property
has no improvements or structures, and no water or sewer services as of the date of this
Lease.
LESSEE acknowledges that it is a religious organization pursuant to the term as used in
RCW 35.21.915.
2. TERM AND RENEWAL. The tenancy created by this Lease shall commence upon
signatures of both parties, and shall commence on November 16, 2017, and continue for
a period of three years until November 15, 2020, unless otherwise terminated as provided
for herein. This Lease may be renewed in one year increments for two additional one-
year terms after November 15, 2020. The last date under this Lease, if the two additional
terms are exercised, will be November 15, 2022.
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3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this
Lease, and that LESSEE shall use the property to operate a temporary homeless
encampment for homeless individuals, providing a safe, more secure area for homeless
individuals to camp between approximate March 15th and November 15th each year (non -
winter months) while searching for transitional or other housing, no rent shall be required
as part of this Lease.
4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due
and payable, all licenses, fees and taxes, including but not limited to the leasehold excise,
required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use
and occupancy of the leased premises and by reason of LESSEE's construction or
ownership of improvements to the leased premises. LESSEE shall neither suffer nor
permit the attachment of any lien or other encumbrance on the leased premises by reason
of LESSEE's occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold
LESSOR harmless from any such taxes and liens.
5. USE.
(a) Age restrictions. Unaccompanied persons under the age of 18 are prohibited at
the homeless encampment. Persons under the age of 18 must be accompanied by a
parent or legal guardian and should be encouraged to take advantage of services
through other entities. LESSEE should put families with children in contact with other
agencies that can provide services to families with children. If there is no other option
for the family with children, such family with children may stay at the homeless
encampment if there is an approved area for families. Approved areas must be
physically separated from the general encampment by a site screened fence and gate
that is guarded 24 hours per day by a staff person that is not a resident. Approved
areas must have their own bathroom and handwashing facilities, as well as their own
community areas for relaxing, eating and/or recreation.
(b) From March 15th through November 151h. LESSEE agrees to use the leased
premises for operating and facilitating a temporary encampment for homeless adults
(persons 18 years of age or older). Attached as Exhibit 2, subject to the terms outlined
in this lease agreement and fully incorporated herein, is an operations plan and
summary of the services and activities that are expected to be offered at the temporary
homeless encampment when in operation, subject to the terms outlined in this lease
agreement. All persons occupying the temporary homeless encampment shall be
transitioned off of the property on or before November 15th of each year. No persons
shall occupy the property and use it as a temporary encampment or otherwise stay
overnight, camp or otherwise occupy the property in a temporary residential capacity
during any other time.
(c) From November 15th through March 15th (winter months). LESSEE agrees that
during the winter months, from November 15th through March 15th of each year, there
shall be no homeless accommodations or services, either overnight or during the
daytime at the site. The site shall only be used for maintenance of the property by
LESSEE, development or improvement of the property by LESSEE, or storage of
equipment and items by LESSEE. Further, temporary tents, portable toilets,
temporary hand -washing stations and other similar items must be taken down,
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removed from the property, or stored within weather -tight buildings on the property.
No tents shall remain during the winter months.
(d) Additional facilities onsite. LESSEE, with express written permission of LESSOR,
through its City Manager, or his or her designee, may construct on-site facilities such
as community buildings, water and sewer connections, or other similar improvements
and facilities to be used during the time the temporary encampment is functioning
(March 15th through November 151h) upon receiving all necessary permits pursuant to
the Yakima Municipal Code and state law. Any such facilities may be used for storage
of personal property during the winter months, but may not be used to house people
or conduct activities. Any such facilities should be winterized, but may be accessible
to LESSEE for the purposes of accessing stored items.
(e) Tiny Homes. As part of the temporary homeless encampment, up to ten (10)
temporary tiny homes may be placed on the site. Said tiny homes shall be on skids,
so as to be removable. No tiny homes may be connected to water or sewer facilities
and must be "dry" units.
(f) Organized Religious Activities. No homeless services provided by LESSEE or any
of LESSEE's subcontractors shall be denied due to a person's religious affiliation or
lack thereof. LESSEE is hereby prohibited from conducting, or allowing other
organizations to enter the encampment and conduct, prayer and other religious
activities in locations and at times where the camp's residents' only way to avoid them
is to leave a common area or the encampment. This includes any community or dining
tents.
6. UTILITIES. All costs for utilities, including any costs for infrastructure necessary for said
utilities, shall be paid by LESSEE.
LESSEE shall install a meter and be charged separately from the City for all electricity
charges at no charge to LESSOR. LESSEE shall be responsible for the operation and
maintenance of the meter and any damages to the meter or power pole associated with
the meter or LESSEE'S use of the power pole for electricity. LESSEE shall coordinate
with Pacific Power to have all billings for electricity used during the term of this lease to be
billed directly to the LESSEE. A meter shall be installed prior to November 15, 2017.
LESSEE may connect to public water and/or sewer with the express written consent of
the LESSOR and approval of the location of pipelines and facilities by LESSOR. In the
event LESSEE connects the property to public water and/or sewer, LESSEE is
responsible for all costs associated therewith, from the main water and sewer line to and
throughout the property, including, but not limited to permit fees, connection fees, and
construction costs. LESSEE shall also be responsible for obtaining any necessary
easements or rights to cross private property if necessary. Said easements and
improvements shall be transferred to the LESSOR at the termination of this Lease.
LESSEE shall be limited to no more than three connections for temporary bathroom,
shower and/or kitchen facilities.
7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition, including, but not limited to, property maintenance,
mowing, weekly garbage service (or more often if sanitation requires), sanitation facilities,
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such as portable toilets and hand washing stations, and safe bio -hazard disposal areas
during the months the temporary encampment is operational. During the winter months
(November 15th through March 151h) LESSEE acknowledges that the property shall be
kept in a clean and sanitary condition, winterized as necessary, and LESSEE shall do all
necessary maintenance on the property during the winter months. All facilities shall be
provided at the expense of the LESSEE and shall be cleaned and serviced as needed to
maintain a safe and sanitary environment.
8. PREMISES CONDITION AND FENCING. LESSEE has made a full inspection of the
premises, is fully aware of its condition and accepts the premises on an "AS -IS" basis.
LESSEE agrees to pay for any improvements, repairs and/or modifications necessary to
LESSEE's use, including but not limited to all costs associated with the installation of
improvements necessary to run a temporary homeless encampment.
All activities and services provided to the homeless as part of the temporary homeless
encampment shall occur within a fenced perimeter. LESSOR shall provide temporary
fencing in the length of 777 feet to LESSEE as part of this Lease. The fencing shall remain
the property of LESSOR and any damage or loss to fencing owned by LESSOR shall be
the responsibility of LESSEE. LESSEE shall return LESSOR's 777 feet of fencing in its
original condition, normal wear and tear excepted, to the LESSOR at the termination of
this Lease. In the event additional fencing is needed by LESSEE to conduct its activities
and services for homeless persons on the property within a fenced area, LESSEE is
responsible for any and all additional costs, including permits and installation costs,
associated with placement of additional fencing.
9. CONSTRUCTION OF ACCESS WAY FOR CITY VEHICLES. Due to LESSEE's desired
location for the temporary homeless encampment, LESSEE acknowledges that it is
necessary for LESSEE to construct an access driveway, including, but not limited to the
necessary curb cut in a width and location approved by the LESSOR, and approach. The
access driveway design, materials and location shall be approved by the City Engineer
and constructed at the sole expense of LESSEE. LESSEE shall be responsible for
obtaining all necessary permits to construct the access way. Said access way shall be
constructed prior to March 15, 2018.
10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good
a condition as the condition of the premises at the beginning of LESSEE's occupancy,
normal wear and tear excepted. LESSEE further agrees that LESSEE shall be
responsible to maintain all leased areas, trade fixtures and other improvements, existing
and future, in an attractive and usable manner consistent with other LESSOR property.
LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe,
sanitary, and usable condition at all times.
LESSEE is responsible for snow removal along the driveway access during the months of
November 15th through March 15th if access is necessary for LESSEE.
11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved
in writing by LESSOR. The site shall be fenced. Additional site screening shall be
mutually agreed to by the parties.
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12. IMPROVEMENTS. No improvements other than those specifically mentioned herein are
contemplated by this Lease. In the event improvements are made by LESSEE or
LESSOR that are affixed to the land, such improvements shall become part of the property
and revert to LESSOR upon termination of this Lease, or removed by LESSEE, the
determination of which shall be made by LESSOR, at no cost to the LESSOR.
13. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities, including policies adopted by
LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and
operation of the leased property and as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective.
LESSEE agrees to formulate a Code of Conduct, or other similar good neighbor
agreement and/or rules of conduct for the temporary homeless encampment. Such Code
of Conduct for use of the temporary homeless encampment by its residents should
include, but not be limited to, requiring that residents not commit violations of the law, that
residents have respect for other residents and neighboring property owners, and other
such regulations that ensure that the residents, and neighboring property owners and
residents, are safe, secure, and that the public health and safety is maintained. A copy of
the Code of Conduct shall be provided to the LESSOR.
LESSEE shall comply with all building, fire, and safety regulations, including, but not
limited to building codes concerning any structures built on premises and perm it fees, if
written permission is granted to construct on-site facilities of any kind.
14. SITE PLAN. LESSEE, prior to the beginning date of this Lease, shall provide to the City
a site plan that generally depicts how the site will be set up, the location of sanitation and
other group facilities, ingress and egress for emergency vehicles, as well as the maximum
occupancy of said encampment. Maximum occupancy shall be determined by the City of
Yakima. Any modification of the site plan to allow for improvements or other additional
facilities shall be agreed to and approved by LESSOR. The site plan shall be affixed
hereto as Exhibit 3.
15. SUBLETTING AND ASSIGNMENT. There shall be no subletting or assignment of this
Lease.
16. MISCELLANEOUS PROVISIONS.
A. The parties agree that LESSOR may enter upon the leased premises at any
reasonable time to make such inspections as LESSOR may deem necessary to the proper
enforcement of any term, provision or condition of this Lease. No such entry or inspection
by LESSOR is required by this provision, and the failure of LESSOR to enter and make
inspection shall not alter the relationship of the parties and their respective rights and
duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment upon
performance of all terms of this Lease.
B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to
protect the LESSOR's property against any activity interfering with the efficient operation
of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or
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permitting to be erected, any building or other structure on the LESSOR's property which,
in the opinion of the LESSOR, would limit the usefulness of the property or constitute a
hazard.
C. LESSOR shall have the right to use, unobstructed, the driveway off of 22nd Street for
ingress and egress to LESSOR'S property for maintenance, operations, public safety, or
other purposes. The driveway off of 22nd Street shall not be obstructed by parked or
stationary vehicles, personal property, gates, persons or otherwise, at any time.
D. All parking of occupants of the temporary homeless encampment shall be within the
leased property. If a parking area is proposed, it must be paved or graveled to avoid
parking on dry grasses or combustible materials.
17. INDEMNITY/DUTY TO DEFEND.
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and save
harmless the City of Yakima and its elected and appointed officials, employees and
agents, from any and all liability, damages, suits, claims, actions, judgments or decrees,
including all expenses incidental to the investigation and defense thereof and including
reasonable attorneys' fees, based on or arising from the occupancy or use of the leased
premises by LESSEE, its servants, employees, agents, invitees, independent contractors
or any entity, person, firm or corporation acting on behalf of LESSEE or under its direction,
whether such claim shall be by LESSEE or a third party.
B. LESSEE agrees to reimburse LESSOR for any damage to City property, including the
leased premises, caused by the occupancy of LESSEE, its employees, agents, servants,
invitees, independent contractors or any person acting on behalf of LESSEE or under its
direction.
C. LESSEE shall keep and hold the City of Yakima, its elected and appointed officials,
agents and employees, free and harmless from any and all claims and actions, loss,
damage, expense or cost, including reasonable attorneys' fees, incidental to the
investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's
use of the leased premises 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 subsection shall survive the termination of this Lease.
D. Further, during the term of this Lease where LESSEE is operating a temporary
homeless encampment on the property, LESSEE agrees and acknowledges that RCW
35.21.915(d) applies to the property and this Lease. That section specifically states:
An appointed or elected public official, public employee, or public agency as defined
in RCW 4.24.470 is immune from civil liability for (a) damages arising from the
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permitting decisions for a temporary encampment for the homeless as provided in this
section and (b) any conduct or unlawful activity that may occur as a result of the
temporary encampment for the homeless as provided in this section.
LESSEE shall defend, indemnify and hold harmless LESSOR, its appointed or elected
public officials, and public employees from any claims for damages arising from permitting
decisions for the temporary homeless encampment, including entry into this Lease, as
well as any conduct or unlawful activity that may occur as a result of the temporary
homeless encampment.
18. DEFAULT, TERMINATION & FORFEITURE.
A. The failure by LESSEE to comply with any term, provision or condition of this Lease
shall constitute grounds for termination of this Lease. This Lease and tenancy shall
terminate on written notice by LESSOR to LESSEE stating accurately the manner in which
LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this
Lease in the manner specified in the notice within thirty (30) days from LESSEE's receipt
of such notice, otherwise this Lease and tenancy shall be terminated. Such notice shall
be given in writing and served on LESSEE by personal delivery or mailed by certified mail
with return receipt requested addressed to LESSEE at its address stated below or such
other address as the parties may advise each other in writing. It is further agreed that
after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall
pay LESSOR's costs and expenses, including attorney's fees, for the preparation and
service of such notice. Notices shall be deemed received three (3) days after mailing to
LESSEE at the address below or such other address as the parties may advise each other
in writing.
B. Either party may terminate this Lease, with or without cause, upon forty-five (45)
calendar days' written notice.
C. Upon termination of this Lease for any reason, LESSEE shall immediately surrender
the premises to the LESSOR in good condition and repair, ordinary wear and usage
excepted; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures, or
equipment from the premises and shall repair any damage to the premises caused by
such removal. Any personal property of LESSEE, or anyone claiming under LESSEE,
which shall remain upon the premises at the expiration or termination of this Lease shall
be deemed to have been abandoned and may be retained by LESSOR as LESSOR'S
property or disposed of by LESSOR in such manner as LESSOR sees fit without
compensation to LESSEE. Further, LESSEE shall remove all occupants from the
temporary homeless encampment as of the effective date of termination of the Lease,
whether it be through default or at the end of this Lease's term.
19. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its
personal representatives, agents, officers, 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 LESSEE's personnel policies and
practices or in the use or operation of LESSEE's services or facilities.
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B. LESSEE agrees that in the construction of any improvements on, over or under the
leased premises 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.
C. LESSEE agrees that participation in religious activities will not be required to obtain
any of the services provided on the property that is subject to this Lease.
20. INSURANCE. It is understood the City does not maintain liability insurance for the
LESSEE and/or its officers, employees, agents and/or subcontractors.
Further, LESSEE shall obtain insurance as follows:
A. Property Insurance. On or before the effective date of this Lease LESSEE shall
procure and maintain a policy or policies of property insurance in an amount acceptable
to the LESSOR with respect to the Property and LESSEE's personal property. LESSEE
will hold the City harmless for any damage to property owned by LESSEE and waive its
right of subrogation for any damage to their property.
B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall
provide the City proof of liability insurance in the amount of Two Million Dollars
($2,000,000.00) per occurrence combined bodily injury and property damage that states
who the provider is, the amount of coverage, the policy number and when the policy and
provisions provided are in effect. The policy shall name the City, its elected and appointed
officials, officers, agents, and employees as additional insureds and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City thirty
(30) days' prior written notice. A copy of all such policies shall be provided to the City
upon request.
21. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease
between the parties with respect to the subject matter herein contained and supersedes
any and all prior negotiations, discussions, agreements, and understandings between the
parties as to the subject matter hereof, which are hereby declared terminated and of no
further force and effect. No amendments or modifications hereof shall be enforceable
unless in writing, signed by both parties.
22. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of
this Lease 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 Lease did not contain the particular provision held to be invalid. If any
provision of this Lease 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.
23. NON -WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this
Lease by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision.
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24. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified below.
CITY OF YAKIMA
c/o Cliff Moore
129 North 2nd Street
Yakima, WA 98901
509-575-6000
Time is of the essence of this entire Lease.
TRANSFORM YAKIMA TOGETHER
c/o
25. RECORDING. This Lease shall be recorded, pursuant to RCW 65.08.060, with the
Yakima County Auditor. LESSEE shall be responsible for recording this Lease and providing a
conformed copy to LESSOR for its records within ten (10) days of both parties signing the Lease.
CITY OF YAKIMA TRANSFORM YAKIMA TOGETHER
By By
Cliff Moore, City Manager Andrew Ferguson, Executive Director
Date: Date:
ATTEST:
By
Sonya Claar Tee, City Clerk
City Resolution No.
City Contract No.
STATE OF WASHINGTON )
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that , the
of Transform Yakima Together, 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.
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Date
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
STATE OF WASHINGTON )
) ss
County of Yakima )
I 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 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 for the State of Washington
Residing at:
Appointment Expires
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LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
TRANSFORM YAKIMA TOGETHER
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Transform
Yakima Together, a public benefit corporation registered with the State of Washington and a
religious organization pursuant to RCW 35.21.915 (hereinafter "LESSEE")
WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE
desires to occupy and use such property in accordance with this Lease and RCW 35.21.915,
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to
be derived by each party, the parties agree as follows:
1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, that unimproved property described below
(hereinafter referred to as "Property" or "leased premises") and as depicted on the drawing
marked as Exhibit 1, attached hereto and by this reference made a part hereof:
All that portion of Tracts 33 and 40 of Goodwin's Five Acre Tracts, Recorded in
Volume 'A' of plats, Page 18, records of Yakima County, Washington described
as follows:
Beginning at the Southwest Corner of Tract 40, as described on Record of Survey,
recorded under Auditors File No. 7718968, records of Yakima County,
Washington; thence N 0°15'41" E 75 feet; thence S 89°44'19" E 10 feet, to the
point of True Beginning; thence N 0°15'41" E 345 feet; thence S 89°44'19" E 280
feet; thence S 0°15'41" W 345 feet; thence N 89°44'19" W 280 feet, plus or minus,
to the point of True Beginning.
PURSUANT to negotiations, it is understood by LESSOR that LESSEE intends to use the
Property as a temporary homeless encampment for approximately 8 months per year
pursuant to RCW 35.21.915. LESSEE acknowledges and understands that the property
has no improvements or structures, and no water or sewer services as of the date of this
Lease.
LESSEE acknowledges that it is a religious organization pursuant to the term as used in
RCW 35.21.915.
2. TERM AND RENEWAL. The tenancy created by this Lease shall commence upon
signatures of both parties, and shall commence on November 16, 2017, and continue for
a period of three years until November 15, 2020, unless otherwise terminated as provided
for herein. This Lease may be renewed in one year increments for two additional one-
year terms after November 15, 2020. The last date under this Lease, if the two additional
terms are exercised, will be November 15, 2022.
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3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this
Lease, and that LESSEE shall use the property to operate a temporary homeless
encampment for homeless individuals, providing a safe, more secure area for homeless
individuals to camp between approximate March 15th and November 15th each year (non -
winter months) while searching for transitional or other housing, no rent shall be required
as part of this Lease.
4. TAXES AND LIENS. LESSEE promises and agrees to pay, as the same become due
and payable, all licenses, fees and taxes, including but not limited to the leasehold excise,
required to be paid by LESSEE by reason of this Lease and by reason of LESSEE's use
and occupancy of the leased premises and by reason of LESSEE's construction or
ownership of improvements to the leased premises. LESSEE shall neither suffer nor
permit the attachment of any lien or other encumbrance on the leased premises by reason
of LESSEE's occupancy thereof. LESSEE agrees to indemnify LESSOR and shall hold
LESSOR harmless from any such taxes and liens.
5. USE.
(a) Age restrictions. Unaccompanied persons under the age of 18 are prohibited at
the homeless encampment. Persons under the age of 18 must be accompanied by a
parent or legal guardian and should be encouraged to take advantage of services
through other entities. LESSEE should put families with children in contact with other
agencies that can provide services to families with children. If there is no other option
for the family with children, such family with children may stay at the homeless
encampment if there is an approved area for families. Approved areas must be
physically separated from the general encampment by a site screened fence and gate
that is guarded 24 hours per day by a staff person that is not a resident. Approved
areas must have their own bathroom and handwashing facilities, as well as their own
community areas for relaxing, eating and/or recreation.
(b) From March 15th through November 151h. LESSEE agrees to use the leased
premises for operating and facilitating a temporary encampment for homeless adults
(persons 18 years of age or older). Attached as Exhibit 2, subject to the terms outlined
in this lease agreement and fully incorporated herein, is an operations plan and
summary of the services and activities that are expected to be offered at the temporary
homeless encampment when in operation, subject to the terms outlined in this lease
agreement. All persons occupying the temporary homeless encampment shall be
transitioned off of the property on or before November 15th of each year. No persons
shall occupy the property and use it as a temporary encampment or otherwise stay
overnight, camp or otherwise occupy the property in a temporary residential capacity
during any other time.
(c) From November 15th through March 15th (winter months). LESSEE agrees that
during the winter months, from November 15th through March 15th of each year, there
shall be no homeless accommodations or services, either overnight or during the
daytime at the site. The site shall only be used for maintenance of the property by
LESSEE, development or improvement of the property by LESSEE, or storage of
equipment and items by LESSEE. Further, temporary tents, portable toilets,
temporary hand -washing stations and other similar items must be taken down,
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removed from the property, or stored within weather -tight buildings on the property.
No tents shall remain during the winter months.
(d) Additional facilities onsite. LESSEE, with express written permission of LESSOR,
through its City Manager, or his or her designee, may construct on-site facilities such
as community buildings, water and sewer connections, or other similar improvements
and facilities to be used during the time the temporary encampment is functioning
(March 15th through November 151h) upon receiving all necessary permits pursuant to
the Yakima Municipal Code and state law. Any such facilities may be used for storage
of personal property during the winter months, but may not be used to house people
or conduct activities. Any such facilities should be winterized, but may be accessible
to LESSEE for the purposes of accessing stored items.
(e) Tiny Homes. As part of the temporary homeless encampment, up to ten (10)
temporary tiny homes may be placed on the site. Said tiny homes shall be on skids,
so as to be removable. No tiny homes may be connected to water or sewer facilities
and must be "dry" units.
(f) Organized Religious Activities. No homeless services provided by LESSEE or any
of LESSEE's subcontractors shall be denied due to a person's religious affiliation or
lack thereof. LESSEE is hereby prohibited from conducting, or allowing other
organizations to enter the encampment and conduct, prayer and other religious
activities in locations and at times where the camp's residents' only way to avoid them
is to leave a common area or the encampment. This includes any community or dining
tents.
6. UTILITIES. All costs for utilities, including any costs for infrastructure necessary for said
utilities, shall be paid by LESSEE.
LESSEE shall install a meter and be charged separately from the City for all electricity
charges at no charge to LESSOR. LESSEE shall be responsible for the operation and
maintenance of the meter and any damages to the meter or power pole associated with
the meter or LESSEE'S use of the power pole for electricity. LESSEE shall coordinate
with Pacific Power to have all billings for electricity used during the term of this lease to be
billed directly to the LESSEE. A meter shall be installed prior to November 15, 2017.
LESSEE may connect to public water and/or sewer with the express written consent of
the LESSOR and approval of the location of pipelines and facilities by LESSOR. In the
event LESSEE connects the property to public water and/or sewer, LESSEE is
responsible for all costs associated therewith, from the main water and sewer line to and
throughout the property, including, but not limited to permit fees, connection fees, and
construction costs. LESSEE shall also be responsible for obtaining any necessary
easements or rights to cross private property if necessary. Said easements and
improvements shall be transferred to the LESSOR at the termination of this Lease.
LESSEE shall be limited to no more than three connections for temporary bathroom,
shower and/or kitchen facilities.
7. CLEANING AND SANITATION. LESSEE acknowledges that the property shall be kept
in a clean and sanitary condition, including, but not limited to, property maintenance,
mowing, weekly garbage service (or more often if sanitation requires), sanitation facilities,
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such as portable toilets and hand washing stations, and safe bio -hazard disposal areas
during the months the temporary encampment is operational. During the winter months
(November 15th through March 151h) LESSEE acknowledges that the property shall be
kept in a clean and sanitary condition, winterized as necessary, and LESSEE shall do all
necessary maintenance on the property during the winter months. All facilities shall be
provided at the expense of the LESSEE and shall be cleaned and serviced as needed to
maintain a safe and sanitary environment.
8. PREMISES CONDITION AND FENCING. LESSEE has made a full inspection of the
premises, is fully aware of its condition and accepts the premises on an "AS -IS" basis.
LESSEE agrees to pay for any improvements, repairs and/or modifications necessary to
LESSEE's use, including but not limited to all costs associated with the installation of
improvements necessary to run a temporary homeless encampment.
All activities and services provided to the homeless as part of the temporary homeless
encampment shall occur within a fenced perimeter. LESSOR shall provide temporary
fencing in the length of 777 feet to LESSEE as part of this Lease. The fencing shall remain
the property of LESSOR and any damage or loss to fencing owned by LESSOR shall be
the responsibility of LESSEE. LESSEE shall return LESSOR's 777 feet of fencing in its
original condition, normal wear and tear excepted, to the LESSOR at the termination of
this Lease. In the event additional fencing is needed by LESSEE to conduct its activities
and services for homeless persons on the property within a fenced area, LESSEE is
responsible for any and all additional costs, including permits and installation costs,
associated with placement of additional fencing.
9. CONSTRUCTION OF ACCESS WAY FOR CITY VEHICLES. Due to LESSEE's desired
location for the temporary homeless encampment, LESSEE acknowledges that it is
necessary for LESSEE to construct an access driveway, including, but not limited to the
necessary curb cut in a width and location approved by the LESSOR, and approach. The
access driveway design, materials and location shall be approved by the City Engineer
and constructed at the sole expense of LESSEE. LESSEE shall be responsible for
obtaining all necessary permits to construct the access way. Said access way shall be
constructed prior to March 15, 2018.
10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good
a condition as the condition of the premises at the beginning of LESSEE's occupancy,
normal wear and tear excepted. LESSEE further agrees that LESSEE shall be
responsible to maintain all leased areas, trade fixtures and other improvements, existing
and future, in an attractive and usable manner consistent with other LESSOR property.
LESSEE agrees to maintain the areas adjacent to the property used by LESSEE in a safe,
sanitary, and usable condition at all times.
LESSEE is responsible for snow removal along the driveway access during the months of
November 15th through March 15th if access is necessary for LESSEE.
11. SIGNS AND SITE SCREENING. No signs are allowed on the property unless approved
in writing by LESSOR. The site shall be fenced. Additional site screening shall be
mutually agreed to by the parties.
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12. IMPROVEMENTS. No improvements other than those specifically mentioned herein are
contemplated by this Lease. In the event improvements are made by LESSEE or
LESSOR that are affixed to the land, such improvements shall become part of the property
and revert to LESSOR upon termination of this Lease, or removed by LESSEE, the
determination of which shall be made by LESSOR, at no cost to the LESSOR.
13. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities, including policies adopted by
LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and
operation of the leased property and as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective.
LESSEE agrees to formulate a Code of Conduct, or other similar good neighbor
agreement and/or rules of conduct for the temporary homeless encampment. Such Code
of Conduct for use of the temporary homeless encampment by its residents should
include, but not be limited to, requiring that residents not commit violations of the law, that
residents have respect for other residents and neighboring property owners, and other
such regulations that ensure that the residents, and neighboring property owners and
residents, are safe, secure, and that the public health and safety is maintained. A copy of
the Code of Conduct shall be provided to the LESSOR.
LESSEE shall comply with all building, fire, and safety regulations, including, but not
limited to building codes concerning any structures built on premises and perm it fees, if
written permission is granted to construct on-site facilities of any kind.
14. SITE PLAN. LESSEE, prior to the beginning date of this Lease, shall provide to the City
a site plan that generally depicts how the site will be set up, the location of sanitation and
other group facilities, ingress and egress for emergency vehicles, as well as the maximum
occupancy of said encampment. Maximum occupancy shall be determined by the City of
Yakima. Any modification of the site plan to allow for improvements or other additional
facilities shall be agreed to and approved by LESSOR. The site plan shall be affixed
hereto as Exhibit 3.
15. SUBLETTING AND ASSIGNMENT. There shall be no subletting or assignment of this
Lease.
16. MISCELLANEOUS PROVISIONS.
A. The parties agree that LESSOR may enter upon the leased premises at any
reasonable time to make such inspections as LESSOR may deem necessary to the proper
enforcement of any term, provision or condition of this Lease. No such entry or inspection
by LESSOR is required by this provision, and the failure of LESSOR to enter and make
inspection shall not alter the relationship of the parties and their respective rights and
duties provided by this Lease. LESSEE shall be granted the right of quiet enjoyment upon
performance of all terms of this Lease.
B. LESSOR reserves the right to take any action necessary or desirable by LESSOR to
protect the LESSOR's property against any activity interfering with the efficient operation
of the LESSOR's activities, together with the right to prevent LESSEE from erecting, or
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permitting to be erected, any building or other structure on the LESSOR's property which,
in the opinion of the LESSOR, would limit the usefulness of the property or constitute a
hazard.
C. LESSOR shall have the right to use, unobstructed, the driveway off of 22nd Street for
ingress and egress to LESSOR'S property for maintenance, operations, public safety, or
other purposes. The driveway off of 22nd Street shall not be obstructed by parked or
stationary vehicles, personal property, gates, persons or otherwise, at any time.
D. All parking of occupants of the temporary homeless encampment shall be within the
leased property. If a parking area is proposed, it must be paved or graveled to avoid
parking on dry grasses or combustible materials.
17. INDEMNITY/DUTY TO DEFEND.
A. At no expense to LESSOR, LESSEE shall defend against and indemnify fully and save
harmless the City of Yakima and its elected and appointed officials, employees and
agents, from any and all liability, damages, suits, claims, actions, judgments or decrees,
including all expenses incidental to the investigation and defense thereof and including
reasonable attorneys' fees, based on or arising from the occupancy or use of the leased
premises by LESSEE, its servants, employees, agents, invitees, independent contractors
or any entity, person, firm or corporation acting on behalf of LESSEE or under its direction,
whether such claim shall be by LESSEE or a third party.
B. LESSEE agrees to reimburse LESSOR for any damage to City property, including the
leased premises, caused by the occupancy of LESSEE, its employees, agents, servants,
invitees, independent contractors or any person acting on behalf of LESSEE or under its
direction.
C. LESSEE shall keep and hold the City of Yakima, its elected and appointed officials,
agents and employees, free and harmless from any and all claims and actions, loss,
damage, expense or cost, including reasonable attorneys' fees, incidental to the
investigation and defense thereof, resulting from, arising out of, or caused by LESSEE's
use of the leased premises 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 subsection shall survive the termination of this Lease.
D. Further, during the term of this Lease where LESSEE is operating a temporary
homeless encampment on the property, LESSEE agrees and acknowledges that RCW
35.21.915(d) applies to the property and this Lease. That section specifically states:
An appointed or elected public official, public employee, or public agency as defined
in RCW 4.24.470 is immune from civil liability for (a) damages arising from the
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27
permitting decisions for a temporary encampment for the homeless as provided in this
section and (b) any conduct or unlawful activity that may occur as a result of the
temporary encampment for the homeless as provided in this section.
LESSEE shall defend, indemnify and hold harmless LESSOR, its appointed or elected
public officials, and public employees from any claims for damages arising from permitting
decisions for the temporary homeless encampment, including entry into this Lease, as
well as any conduct or unlawful activity that may occur as a result of the temporary
homeless encampment.
18. DEFAULT, TERMINATION & FORFEITURE.
A. The failure by LESSEE to comply with any term, provision or condition of this Lease
shall constitute grounds for termination of this Lease. This Lease and tenancy shall
terminate on written notice by LESSOR to LESSEE stating accurately the manner in which
LESSEE fails or has failed to comply with this Lease. LESSEE shall comply with this
Lease in the manner specified in the notice within thirty (30) days from LESSEE's receipt
of such notice, otherwise this Lease and tenancy shall be terminated. Such notice shall
be given in writing and served on LESSEE by personal delivery or mailed by certified mail
with return receipt requested addressed to LESSEE at its address stated below or such
other address as the parties may advise each other in writing. It is further agreed that
after receipt of notices and as an additional condition to avoid forfeiture, LESSEE shall
pay LESSOR's costs and expenses, including attorney's fees, for the preparation and
service of such notice. Notices shall be deemed received three (3) days after mailing to
LESSEE at the address below or such other address as the parties may advise each other
in writing.
B. Either party may terminate this Lease, with or without cause, upon forty-five (45)
calendar days' written notice.
C. Upon termination of this Lease for any reason, LESSEE shall immediately surrender
the premises to the LESSOR in good condition and repair, ordinary wear and usage
excepted; and LESSEE shall remove all of LESSEE'S personal property, trade fixtures, or
equipment from the premises and shall repair any damage to the premises caused by
such removal. Any personal property of LESSEE, or anyone claiming under LESSEE,
which shall remain upon the premises at the expiration or termination of this Lease shall
be deemed to have been abandoned and may be retained by LESSOR as LESSOR'S
property or disposed of by LESSOR in such manner as LESSOR sees fit without
compensation to LESSEE. Further, LESSEE shall remove all occupants from the
temporary homeless encampment as of the effective date of termination of the Lease,
whether it be through default or at the end of this Lease's term.
19. NON-DISCRIMINATION CLAUSE. To the extent required by law, LESSEE, for itself, its
personal representatives, agents, officers, 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 LESSEE's personnel policies and
practices or in the use or operation of LESSEE's services or facilities.
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B. LESSEE agrees that in the construction of any improvements on, over or under the
leased premises 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.
C. LESSEE agrees that participation in religious activities will not be required to obtain
any of the services provided on the property that is subject to this Lease.
20. INSURANCE. It is understood the City does not maintain liability insurance for the
LESSEE and/or its officers, employees, agents and/or subcontractors.
Further, LESSEE shall obtain insurance as follows:
A. Property Insurance. On or before the effective date of this Lease LESSEE shall
procure and maintain a policy or policies of property insurance in an amount acceptable
to the LESSOR with respect to the Property and LESSEE's personal property. LESSEE
will hold the City harmless for any damage to property owned by LESSEE and waive its
right of subrogation for any damage to their property.
B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall
provide the City proof of liability insurance in the amount of Two Million Dollars
($2,000,000.00) per occurrence combined bodily injury and property damage that states
who the provider is, the amount of coverage, the policy number and when the policy and
provisions provided are in effect. The policy shall name the City, its elected and appointed
officials, officers, agents, and employees as additional insureds and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City thirty
(30) days' prior written notice. A copy of all such policies shall be provided to the City
upon request.
21. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease
between the parties with respect to the subject matter herein contained and supersedes
any and all prior negotiations, discussions, agreements, and understandings between the
parties as to the subject matter hereof, which are hereby declared terminated and of no
further force and effect. No amendments or modifications hereof shall be enforceable
unless in writing, signed by both parties.
22. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of
this Lease 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 Lease did not contain the particular provision held to be invalid. If any
provision of this Lease 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.
23. NON -WAIVER. The waiver by LESSOR or LESSEE of the breach of any provision of this
Lease by the other party shall not operate or be construed as a waiver of any subsequent
breach by either party or prevent either party thereafter enforcing any such provision.
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24. NOTICES. Notices shall be sent by registered or certified mail, postage prepaid or hand
delivered. Such notices shall be deemed effective when mailed or hand delivered at the
addresses specified below.
CITY OF YAKIMA
c/o Cliff Moore
129 North 2nd Street
Yakima, WA 98901
509-575-6000
Time is of the essence of this entire Lease.
TRANSFORM YAKIMA TOGETHER
c/o
25. RECORDING. This Lease shall be recorded, pursuant to RCW 65.08.060, with the
Yakima County Auditor. LESSEE shall be responsible for recording this Lease and providing a
conformed copy to LESSOR for its records within ten (10) days of both parties signing the Lease.
CITY OF YAKIMA TRANSFORM YAKIMA TOGETHER
By By
Cliff Moore, City Manager Andrew Ferguson, Executive Director
Date: Date:
ATTEST:
By
Sonya Claar Tee, City Clerk
City Resolution No.
City Contract No.
STATE OF WASHINGTON )
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that , the
of Transform Yakima Together, 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.
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Date
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
STATE OF WASHINGTON )
) ss
County of Yakima )
I 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 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 for the State of Washington
Residing at:
Appointment Expires
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Exhibit
••••••••••••••••••uii*' •
Shaded area above is the Leased Property
Legal Description of Leased Property
All that portion of Tracts 33 and 40 of Goodwin's Five Acre Tracts, Recorded in Volume
'Aof plats, Page 18, records of Yakima County, Washington described as follows:
Beginning at the Southwest Corner of Tract 40, as described on Record of Survey,
recorded under Auditors File No. 7718968, records of Yakima County, Washington;
thence N 0°15'41" E 75 feet; thence S 89°4419" E 10 feet, to the point of True Beginning;
thence N 0°1541" E 345 feet; thence S 89°44'19" E 280 feet; thence S 0°1541" W 345
feet; thence N 89°44'19" W 280 feet, plus or minus, to the point of True Beginning.