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01/08/2019 09 Temporary Homeless Encampment Lease Agreement with Sunrise Outreach to\'4\lyy tbxk ik 1 PPP 7145""71PPP g. A 9 p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 9. For Meeting of: January 8, 2019 ITEM TITLE: Resolution to Terminate Lease Agreement with Transform Yakima Together and Enter into Lease Agreement with Sunrise Outreach Center of Yakima to Lease City Property for a temporary homeless encampment SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: The City has a current lease agreement with Transform Yakima Together to lease property adjacent to the wastewater treatment plant to be used as a temporary homeless encampment. Transform Yakima Together has merged operations with Sunrise Outreach Center of Yakima, another religious organization, to take over operations and management of the organization. They seek to terminate the current lease agreement between TYT and the City and enter into a new lease agreement, for the same land and under the same general conditions, with Sunrise Outreach as the lessee. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR ' SUBMITTAL: If City Manager STAFF RECOMMENDATION: Adopt resolution BOARD/COMMITTEE RECOMMENDATION: This matter was not brought to the HCNBC due to the timing and the fact that there are no substantive changes to the lease agreement. ATTACHMENTS: 2 Description Upload Date Type D resolution Covcr Memo D Termination of Lcafo with hi 1ia2011 Contract D Lee wUb Sunrise Oiftrorico Cooler 1/3/2019 aotract 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing termination of the existing lease with Transform Yakima Together and to enter into a lease with Sunrise Outreach Center for property adjacent to the wastewater treatment plant to be used as a temporary homeless encampment. 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, on May 16, 2018, the City and Lessee entered into a Lease Amendment to amend the Use section, Section 5, of the Lease providing for accommodating additional populations; and WHEREAS, On June 6, 2018 the City and Lessee entered into a second Lease Amendment amending the Use section, Section 5, of the Lease providing for a number of temporary periods and corresponding periods of vacancy; and WHEREAS, TYT has been in discussions with Sunrise Outreach Center of Yakima, a Washington state registered non-profit corporation, to combine efforts with regards to homeless services, including, but not limited to operation of Camp Hope; and WHEREAS, YVCOG recently was asked to assign its funding contracts that were originally granted to TYT to Sunrise Outreach for use to provide services and emergency shelter to homeless persons in Yakima County, including for services at what is known as Camp Hope; and WHEREAS, Sunrise Outreach Center of Yakima is now in charge of operations and administration of the homeless services previously provided by TYT; and WHEREAS, the lease agreement between TYT and the City needs to be terminated and a new lease agreement between Sunrise Outreach Center of Yakima and the City needs to be entered into to transfer rights, responsibilities and duties from TYT to Sunrise Outreach Center of Yakima with regards to the leased property; and WHEREAS, TYT is willing to waive the 45 day notice period prior to termination as outlined in the lease agreement and sign a mutual agreement for lease termination; and WHEREAS, Sunrise Outreach is willing to accept the terms and conditions of the attached Lease Agreement and acknowledges that it will be responsible for undertaking and fulfilling all of the terms and conditions associated with the Lease Agreement with the City; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to terminate the Lease Agreement between TYT and the City, and enter into a new Lease Agreement with Sunrise Outreach Center of Yakima to lease property adjacent to the wastewater treatment plant for the purposes of operating a temporary homeless encampment; now, therefore, 4 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: 1. The Yakima City Council authorizes the City Manager to terminate the Lease Agreement with Transform Yakima Together to lease City-owned property to the religious organization for the purpose of a temporary homeless encampment. A copy of the Agreement to Terminate is attached hereto and fully incorporated herein. 2. The City Manager is hereby authorized to execute the Lease Agreement between the City of Yakima and Sunrise Outreach Center of Yakima to lease City-owned property to the religious organization for the purpose of a temporary homeless encampment. A copy of the Lease Agreement is attached hereto and fully incorporated herein. ADOPTED BY THE CITY COUNCIL this 8'h day of January, 2019. Kathy Coffey, Mayor ATTEST: Sonya Claar-Tee, City Clerk 5 AGREED TERMINATION OF LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND TRANSFORM YAKIMA TOGETHER THE PARTIES to the Lease Agreement Between the City of Yakima and Transform Yakima Together, for the Lease of Property described as follows: 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 Auditor's File No. 7718968, records of Yakima County, Washington, thence North 0°15'41" East 75 feet; thence South 89°44'19" East 10 feet, to the point of True Beginning; thence North 0°15'41" East 345 feet; thence South 89°44'19" East 280 feet; thence South 0°15'41"West 345 feet; thence North 89°44'19"West 280 feet; plus or minus, to the point of True Beginning as outlined in the original Lease Agreement dated October 18, 2017, and as twice amended (all of which are attached hereto for reference), hereby agree to Terminate the Lease Agreement by mutual agreement immediately upon signature by both parties. Since the parties mutually agree to terminate the Lease, both parties hereby waive the forty-five (45) calendar days' written notice contemplated in the Lease. Transform Yakima Together has merged operations with Sunrise Outreach Center of Yakima and it is contemplated by the Parties that a new Lease Agreement will be entered into between the City of Yakima and Sunrise Outreach Center of Yakima to continue leasing the Property to accommodate a temporary homeless encampment under the same terms and conditions. Upon the effective date of this Termination, Transform Yakima Together shall remove any and all personal property on the premises pursuant to Section 18(c) of the Lease Agreement. There shall be no occupants on the premises as of the effective date of this Termination and no services should be provided by Transform Yakima Together under the Lease Agreement being terminated. This Termination does not waive any claims that may have arisen, or may subsequently be known, under the Lease Agreement, and does not avoid any terms and conditions of the Lease Agreement subject to survival. CITY OF YAKIMA TRANSFORM YAKIMA TOGETHER Cliff Moore, City Manager Andy Ferguson, Executive Director DATED: DATED: 6 STATE OF WASHINGTON ) ss County of Yakima I certify that I know or have satisfactory evidence that ANDY FERGUSON, the Executive Director of Transform Yakima Together, signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date 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 7 LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA AND SUNRISE OUTREACH CENTER OF YAKIMA THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of Yakima, a Washington State municipal corporation (hereinafter"LESSOR") and Sunrise Outreach Center of Yakima, a Washington non-profit 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 to be used as a temporary homeless encampment and for homeless services, 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 as outlined in this Lease pursuant to RCW 35.21.915. LESSEE acknowledges and understands that the property has no improvements or structures, and limited water, sewer and electrical services as of the date of this Lease. LESSEE takes all services and utilities "as is, where is" and has an opportunity to inspect the Property and make itself aware of utility locations. 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 continue 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 8 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, secure area for homeless individuals to camp during the temporary periods listed herein 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) General Use. LESSEE agrees to use the leased premises for operating and facilitating a temporary encampment for homeless persons. 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. 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 anytime period other than those outlined herein. Temporary Emergency Shelter Period Number 1: Persons may occupy the homeless encampment for the temporary period starting on the date of this Lease Agreement, through May 16, 2019. LESSEE agrees that from the calendar days of May 17, 2019, through May 31, 2019, 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 during this time. It is anticipated that LESSEE will use this time period to clean, sanitize and organize the encampment. 2 9 Temporary Emergency Shelter Period Number 2: Persons may occupy the homeless encampment for the temporary period of June 1, 2019 through November 15, 2019. LESSEE agrees that from the calendar days of November 16, 2019,through December 31, 2019, 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 during this time. It is anticipated that LESSEE will use this time period to clean, sanitize and organize the encampment. Temporary Emergency Shelter Period Number 3: Persons may occupy the homeless encampment for the temporary period of January 1, 2020 through May 31, 2020. LESSEE agrees that from the calendar days of June 1, 2020, through June 15, 2020, 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 during this time. It is anticipated that LESSEE will use this time period to clean, sanitize and organize the encampment. jf Temporary Emergency Shelter Period Number 4: Persons may occupy the homeless encampment for the temporary period of June 16, 2020 through November 15, 2020. On November 16, 2020, the homeless encampment must be vacated. LESSEE agrees that any further occupancy of the temporary emergency homeless encampment shall be renegotiated as part of any renewal process. (h) 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 providing emergency shelter 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 time where the homeless are not being served, but may not be used to house people or conduct activities. Any such facilities should be winterized and prepared for summer as appropriate. (i) 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. (i) 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 to conduct, prayer and/or 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. LESSEE accepts all utility facilities as now existing at the location "as is, where is" and understands that the City shall not be responsible for moving, adding or supplementing any utilities or utility facilities. All costs for utilities services and 3 10 improvements, 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 the effective date of this Lease if not already installed at the Property. Billing must be maintained by LESSEE during the course of this Lease. 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 (if additional lines are requested). 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. LESSEE shall be responsible for all utility charges, including, but not limited to, electricity, water, sewer and garbage charges for the property. All payments shall be promptly made upon receiving a bill, and in no event shall any payment become delinquent. Delinquent payments for utilities may be considered a default under the terms and conditions of the Lease. 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, such as portable toilets and hand washing stations, and safe bio-hazard disposal areas during the months the temporary encampment is operational. During the vacancy periods as outlined above in Section 5, LESSEE acknowledges that the property shall be kept in a clean and sanitary condition, winterized as necessary, kept free of debris and weeds, and LESSEE shall do all necessary maintenance on the property. All sanitation 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 4 11 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 upon request by the City. 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, water and sewer lines and facilities, and other improvements, existing and future, in an attractive and usable manner consistent with other LESSOR property. LESSEE understands and acknowledges that it is responsible for all maintenance of the water and sewer lines and facilities within the boundaries of the temporary emergency homeless encampment. Any back-ups, breaks, or other damages to the water or sewer lines therein shall be promptly fixed by LESSEE at its sole expense. 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 routes and within the temporary emergency encampment as necessary. Snow removal along the driveway access shall provide for emergency vehicle ingress and egress. 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. 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 solely 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. 5 12 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 within fifteen (15) days of the effective date of this Lease. LESSEE shall comply with all building, fire, and safety regulations, including, but not limited to building codes concerning any structures built on premises and permit fees, if written permission is granted to construct on-site facilities of any kind, and nuisance regulations. 14. SITE PLAN. LESSEE, prior to the beginning date of this Lease, shall provide to the City a site plan that depicts how the site is 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 confirmed and ultimately 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. This Lease, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by LESSEE to any other person or entity without the prior written consent of LESSOR. LESSOR is the sole determiner of whether the Lease may be assigned, and its decision cannot be challenged. In the event that such prior written consent to an assignment is granted, then the assignee shall also assume all duties, obligations and liabilities of LESSEE stated herein. 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 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 22' Street for ingress and egress to LESSOR'S property for maintenance, operations, public safety, or other purposes. The driveway off of 22' Street shall not be obstructed by parked or 6 13 stationary vehicles, personal property, gates, persons, structures, or otherwise, at any time. D. All parking of occupants' vehicles at 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. No automotive work or maintenance may be done on premises and LESSEE shall not allow people to live in their vehicles, including RVs, on premises. Parking areas shall be indicated on the Site Plan. 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 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. 7 14 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. 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 8 15 excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. C. LESSEE agrees that participation in religious activities shall 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. 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. 9 16 CITY OF YAKIMA SUNRISE OUTREACH CENTER do Cliff Moore do Dave Hanson 129 North 2nd Street 221 East Martin Luther King Blvd. Yakima, WA 98901 Yakima, WA 98901 509-575-6000 509-901-6680 Time is of the essence of this entire Lease. 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 SUNRISE OUTREACH CENTER OF YAKIMA By By Cliff Moore, City Manager Dave Hanson, 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 DAVE HANSON, the Executive Director of Sunrise Outreach Center of Yakima, signed this instrument, on oath stated that he was 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. 10 17 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 11