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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 ain 0 1�� OF W AS'\'°' 44*r • • COMMISSION EXPIRES NOTARY PUBLIC MAY 29, 201 1 • 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 ss 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 ,,, //z`�/ 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. 1 12 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, 2 13 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, 3 14 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. 4 15 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 5 16 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 6 17 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. 7 18 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. 8 19 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. 9 20 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 10 21 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. 1 22 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, 2 23 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, 3 24 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. 4 25 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 5 26 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 6 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. 7 28 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. 8 29 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. 9 30 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 10 29 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.