Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08/18/2020 05 Amendments to Development Agreement at 3111 Tieton Dr. - Public Hearing
ti i..asxntntj kd 1.:45 x°'naa.x,,4n BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5. For Meeting of:August 18, 2020 ITEM TITLE: Public Hearing and Ordinance to consider amendments to a Development Agreement submitted by Bruce Simpson concerning property at 3111 Tieton Dr SUBMITTED BY: Joan Davenport,AI CP, Director of Community Development Joseph Calhoun, Planning Manager Trevor Martin,Associate Planner, 575-6162 SUMMARY EXPLANATION: Anyone wishing to comment on this public hearing should: 1. Dial 1-877-853-5247 or 1-888-788-0099 2. When prompted for the meeting ID enter 949 0359 9895# 3. When prompted for the participant ID enter# 4. When prompted for the meeting password enter 903063# 5. If you wish to speak to the Council during the public hearing press *9 on your phone. When it is your turn to speak you will hear an automated announcement indicating your phone has been unmuted and you can now be heard by all participating in the meeting. You should announce your name and city of residence prior to making your comments. When your time to speak has expired you will hear an automated announcement indicating your phone has been muted. The City entered into a Development Agreement with Bruce Simpson on December 13, 2001, concerning property at 3111 Tieton Dr, located in the Professional Business (B-1)zoning district. The Development Agreement provided limited and defined usage of the property with the intention of preserving the historic structure and grounds. The acceptable land uses for the property as specified in the Agreement included a coffee house, hair salon, professional office space, part-time one-on-one tutoring, and facility for private receptions. The Agreement specified that the Agreement and proposed uses specified therein are personal to Bruce Simpson and Theresa-Campbell Simpson, or their family or beneficiaries; in the event that they cease utilizing the property in accordance with this agreement, the property would revert back to Single-Family Residential (R-1)zoning and a future land use designation of Low Density Residential. 2 The proponent is exploring the possibility of selling the property, and is requesting to have the uses of the property expanded to be more consistent with the B-1 zoning district. Staff recommends allowing an alteration to the existing ordinance, expanding the allowable uses, but recommends placing a 25-year threshold into the development agreement, allowing the property owner to sell the property, and time for any new property owner to file a rezone application with the City Planning Division. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Consider public testimony and review Development Agreement and Ordinance ATTACHMENTS: Description Upload Date Type D ordinance &r142020 Cover Memo 0 amended agreement redline 8,14/2020 Gotier Memo El amended agreement Olean a/14/2020 Cover Memo 3 ORDINANCE NO. 2020- AN ORDINANCE authorizing and directing the City Manager to sign an amended Development Agreement (City of Yakima Ordinance No. 2001-65 — Simpson Rezone & Development Agreement regarding 3111 Tieton Drive) with Bruce Simpson, regarding property located at 3111 Tieton Drive. WHEREAS, the City of Yakima (here after"City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170- 36.70B.210 and YMC 14.10.010; and WHEREAS, Bruce Simpson initially entered into a Development Agreement, under City of Yakima Ordinance No. 2001-65, with the City on December 13, 2001 with regards to the development and use of the property located at 3111 Tieton Drive; and WHEREAS, the applicant has requested that the Development Agreement be amended to allow the Memorial Foundation similar opportunities to use the property; and WHEREAS, the alterations to the existing Agreement is intended to satisfy the obligations as set forth in the Final Rezone Decision (RZ#5-01) for the execution of a Development Agreement between the Applicant and the City; and WHEREAS, the Development Agreement may be amended for purposes of assigning the agreement to another party or intensifying uses allowed in the Hearing Examiner's decision only with City Council approval after a public hearing, which was held on August 18, 2020; and WHEREAS, the City Council has determined that the amendment to the existing Development Agreement is appropriate, and agrees to amend the original Development Agreement for the property at 3111 Tieton Drive; and WHEREAS, the amended Development Agreement will, amongst other things, implement the existing conditions established by the Hearing Examiner in the original decision, while allowing the existing property owner flexibility in the use of their property, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; and WHEREAS, amending the Development Agreement is consistent with the City of Yakima Comprehensive Plan; 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 amend the Development Agreement; now, therefore 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Hearing Examiner's Original Recommendations Including Conditions Affirmed. Subject to the specific terms of this ordinance, the Yakima City Council confirms the original recommendations, findings and conclusions of the Hearing Examiner's Recommendation, Examiner No. IU01-2-12, dated August 23, 2001, and incorporates that decision by reference as part of this Ordinance. Section 2. Subject Property. Regarding the Subject Property, Yakima County Assessor's Parcel No. 181324-33003, 3111 Tieton Drive, Yakima, the legal description of which is found in accompanying documents, the City reaffirms its findings from Ordinance 2001-65, but that circumstances have changed since the original Development Agreement which now make the requested amendment to that Development Agreement appropriate. Section 3. Consistency. The requested amendment to the Development Agreement is consistent with the Comprehensive Plan and applicable development regulations, and furthers the public health, safety and general welfare. Section 4. Amended Development Agreement Adopted. The Yakima City Council, after a duly noticed public hearing, has determined that modification of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. The Amended Development Agreement is hereby adopted by the Yakima City Council. The City Manager of the City of Yakima is hereby authorized and directed to execute the attached First Amendment to Development Agreement after both the Simpsons and the Memorial Foundation execute said document. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. The effective date of the Amendment to the Development Agreement shall be September 25, 2020. PASSED BY THE CITY COUNCIL, signed and approved this 18th day of August, 2020. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk Publication Date: Effective Date: 5 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement ("Amendment") is entered into this 25th day of September, 2020, by and between the CITY OF YAKIMA, WASHINGTON, a municipal corporation organized under the laws of the state of Washington ("City"), BRUCE SIMPSON and THERESA CAMPBELL-SIMPSON and BONA TERRA, LLC, a Washington limited liability company (collectively "Simpson"), and THE MEMORIAL FOUNDATION, a Washington nonprofit corporation (the "Foundation"). RECITALS A. To strengthen the public planning process and provide certainty to project development, the legislature of the state of Washington enacted RCW 36.70_2.-170 -.210 (the "Development Agreement Statutes"),which authorize the City to enter into an agreement with any person having an ownership interest or control of real property located within the City regarding the development of such real property. B. Simpson owns the approximate 0.668-acre parcel of real property addressed 3111 Tieton Drive, Yakima, Washington 98902 (Yakima County Assessor's Tax Parcel No. 181323-33003) that is legally described on attached Exhibit A (referred to as the "Subject Property"). al The Subject Property is presently improved with a historic Tudor structure ci4y historically known as the "Raymond House." The Subject Property is located at the intersection of Tieton Drive and South 32nd Avenue (a signalized intersection) and adjoins property owned by Yakima Valley Memorial Hospital Association. C. Simpson has previously proposed that the Subject Property be rezoned from R-1 Single-Family Residential to B-1 Professional Business and it was previously determined that the requested rezone ivvas consistent with the adopted Urban Area Comprehensive Plan for the City of Yakima. The rezone application iwas coupled with applications for a multi-use building including coffee house, hair salon, professional office space, and facility for private receptions. The purpose of the applications iwas to preserve the historic structure and grounds while allowing limited and defined usage of the facility. D. A revised Site Plan hwas been provided based upon comments and requirements of the Hearing Examiner for the City of Yakima, by letter dated the 28th day of June, 2001. of the rcvisod Site Plan is attached as Exhibit B and incorporated by this r©fcrcnce. E. The City and Simpson agreed that the rezone and approved land uses bewere limited to the specific proposal presented in the application and that no material modification, expansion, or alteration of such uses shall would be permitted without compliance with applicable ordinance procedures governing such matters. F. The City and Simpson entered into this that certain Development Agreement dated December 13, 2001 , and recorded along with City of Yakima Ordinance No. 2001-65 on December 14, 2001 under Yakima County Auditor's File No. 7248394 (the "Development Agreement") to provide certainty for planning and use of the property and to assure the limitation of permissible uses to those identified and reviewed by the Hearing Examiner and City Council. G. As stated therein, the terms of the Development Agreement were personal to Simpson and theft family and beneficiaries and not transferable or assignable without a public hearing and amendment of the Development Agreement. 1 s H. On or about Decem be r 22,2016, Bruce Simpson conveyed ownership of his ownership interest in the Subject Property to Bona Terra 16, LLC, which limited liability company agreement is wholly owned bySimpson. 1. Bona Terra 16, LLC and the Foundation have entered into a purchase and sale aqreement for the sale 4f the 3ubiect Property bv Bona Terra 16. LLC to the Foundation: provided, however, said sale is conditioned an the Foundation's satisfaction that the Subject Property is and will remain oporoohote|y 7onod for the Foundation's planned use of the Subject Property as on professional office and other ancillary uses thereof. J. Qnopunn now wishes to assign and transfer all of 3inopoon'o right, 1b|e, interest, and requirements in and under the Oeve|opment /\groement to the Foundation in connection and contemporaneous with Bona Terra 16. LLC'oconveyancn and sale of the Subject Property the Foundation. K. This Amendment is now entered into and executed by the undersigned parties for the purposes of (1) memorio|icinq the ossiqnmont and transfer of all of 3impson's hqhL tNe, interest, and restrictions under the Development Aqreenoent to the Foundation in connection and contemporaneous with Bona Terra 16. LLC'u conveyance and sale ofthe Subject Property the Foundation, (2) memorializing the City'oapproval and consent to said assignment and transfer, and (c) to provide for certain minor amendments to the Development Agreement. N[)VV. THEREF[)RE. inoonsidenadonofthennutua| pronnisesherein. theCbv.and Simpson, and | the Foundation AGREE /\S FOLLOWS: l, Amendment. This Amendment amends, supplementy, and is made part of the Development Aqreement. In the event of a conflict between the provisions of this Amendment and the Development Agreement, the provisions of this Amendment will control. Nevertheless except as expressly amended or supplemented by this Annendnnent, the provisions of the Development Aqreement remain in full force and effect. ��!c�pseps right. �!�h. intcrcst. a;}J �cothctjxns in snd undcr 'hu Uuvo|oprncv�t AgPccvnunt (a� arnsndmdbyt8i-, /\rncndrnc,nk| tnihaFauq,datian. 213. Ausiqnnnent and Acceptance. Simpson hereby assiqns and transfers all of3impson's |iqht, tit|e, interext, and restrictions in and under the Deve|vpnnentAqrennnent (as amended by this Amendment) tothe Foundation in connection and contemporaneous with Bona Terra 16` LLC's conveyance and sale of the Subject Property the Foundation and the Foundation hereby accepts and assumes the same. �4. Section 2Amendment. Section 2ofthe Development Aqreementis amended tnpermit the continued useeftheSubientPr4pehyundertheternnsandrequirementuoftheDeve|4pment Aqreernent in accordance with the Subject Property's now built and presentIV corificlured site plan. 44�. Section 4(b) Amendment. Section 4(b) of the Development Agreement is n/hn||y amended and restated in Its entiretyte now read and provide asfollows: '' (b) Profeusiona|/AdnninistrativeOffice. Pro[eysionalk/adnninistrative offices may be maintained in the oxistinqstructures. Except asotherwise 2 7 permitted under this Agreement, no retail business shall be permitted and any public conferences/meetings will beby appointment on|y." 56. Section 4(c) Amendment, Section 4(c) of the Development Agreement is amended to remove the following verbiaqe� "and operated by Theresa Campbell-Simpsorl". Section 6. 6(a). and 6(b) Amendments, Sections 6. 6(a). and 6(b) nf the Development AQreement are wholly amended and restated in their entirety to now read and provide as follows: " G. Nonasoignabi|ity of Agreement. The approved uses and this Agreement are personal to The Memorial Foundation and are not transferable or assignable without a public hearing and amendment of this Development Agreement. In the event The Memorial Foundation ceases to utilize the Subject Propertyin accordance with this Agreement, the following shall nccuc (a) Reversion te Single Family Zoning. Upon termination 4fuse and occupancy by The Memorial Founda1inn, the zoning of the Subject Property shall revert to R-1 coning. (b) Comprehensive Plan. The Mennnha| Foundation further agrees that the |und-use designation contained inthe Yakima Urban Area Comprehensive Plan nouy return to Low Density Hnsidnndo| upon compliance with applicable procedures and processes with respect thereto." 78 Section S. 13' 14' 15' and 16 Amendments, Sections 9. 13. 14. 15. and 15 of the Development Agreement are each amended to replace all references to Simpson and Simpson's fonni|y with new references to The Memorial Foundation. 8A. Notices tv The Memorial Foundation, Any notice or demand the City is required t4give or make upon the Foundation under the Development Agreement shall be qiven/madn in accordance with the provisions of Section 18 of the Development to the Foundation at the following address: The Memorial Foundation 3111 Tioton Drive Yakima, Washington S89U? 9449. Effective Date, This Amendment shall become effective upon the btcrrfdate (the "Effective Date") on which (a) the ordinance approving this Amendment is authorized becomes effective and the of /\rne-ndrnerd (September Z5, Z020.), and (b) this Amendment iyfully executed hy the City, Simpson, and the Foundation. 1U4. Incorporation of Recitals, The Recitals contained in this Amendment are hereby incorporated into this Amendment oxif fully set forth herein. IN VVITNESS VVHEREOF, the parties hereto have executed this Amendment effective as 4f the Effective Date set forth in Section l(19above. 3 8 CITY OF YAKIMA, THE MEMORIAL FOUNDATION, a Washington municipal corporation a Washington nonprofit corporation By: By: Name: Name: Title: Title: BONA TERRA 16, LLC, a Washington limited liability company By: BRUCE SIMPSON Name: Title: THERESA CAMPBELL-SIMPSON STATE OF WASHINGTON 55. COUNTY OF YAKIMA On . 2020, rSionerl who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT rinstrumenn) as Signer's free and voluntary act and deed for the uses and purposes stated in the I nstrument and that Signer is authorized to execute the Instrument as the for the CITY OF YAKI a Washington municipal corporation. (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires STATE OF \NASHINC-FON 1 ss. COUNTY OF YAKIMA On . 2020. ("Signe()who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Instrument') as Stoner's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Stoner is authorized to execute the Instrument as the 4 9 for THE MEMORIAL FOUNDATION, a Washington nonprofit corporation. (ortrit name) NOTARY PUBLIC in and for the state of Washington My appointment expires STATE OR WASHINGTON ss. COUNTY OR YAK MA On 2020. ("S4rier )who is personally known to me or proved by satisfactory evidence to be the Sipner, personally appeared before me and acknowleciped that Signer executed the above-statea FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("instromenfl as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument as the for the BONA TERRA 16, LLC. a Washington nonprofit corporation. [print name) NOTARY PUBLIC in and for the state of Washington MY appointment expires STATE OF WASHINGTON ss. COUNTY OF YAKIMA On . 2020. BRUCE SIMPSON ("Sig17eri who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT l'Instm[mentm) as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument in the Signer's induvial capacity. (Print!yams) NOTARY PUBLIC in and for the state of Washington My appointment expires STATE OF WASHINGTON I ss. COUNTY OF YAKIMA On . 2020. THERESA CAMPBELL-SIMPSONi"Signef') who is personally known to me or proved by satisfactory evidence to be the Siciner, personally appeared before me and acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT 5 io AGREEMENT ("Instrument') as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument in the Signer's induvial capacity. (or:Tiring/Tel NOTARY PUBLC in and for the state of Washington My appointment expires 6 11 EXHIBIT A LEGAL DESCRIPTION THE WEST 186.4 FEET OF THE SOUTH 208 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.; EXCEPT THE WEST 20 FEET; AND EXCEPT THE SOUTH 30 FEET; AND EXCEPT A TRIANGLE IN THE SOUTHWEST CORNER CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NOS. 2001307, 2001308,AND 2001309; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NO. 2957528. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. 7 12 EXHIBIT B SSTE YL N , I t. lL - ;11V MA 1'a -- - o 1; 3 w, ' }o k . vC �` 9 t J. `• �.— L � eif t 1 Y -,. .... 2 s wX i }`R LPL4 Tr;o„ D-A le lEtZTVED n llb 1; LrIzzr_st4-Kwi '$'fl 330^� ; `xLSd —: - f 8 13 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement ("Amendment") is entered into this 25th day of September, 2020, by and between the CITY OF YAKIMA, WASHINGTON, a municipal corporation organized under the laws of the state of Washington ("City"), BRUCE SIMPSON and THERESA CAMPBELL-SIMPSON and BONA TERRA, LLC, a Washington limited liability company (collectively"Simpson"), and THE MEMORIAL FOUNDATION, a Washington nonprofit corporation (the "Foundation"). RECITALS A. To strengthen the public planning process and provide certainty to project development, the legislature of the state of Washington enacted RCW 36.70B.170-.210 (the "Development Agreement Statutes"), which authorize the City to enter into an agreement with any person having an ownership interest or control of real property located within the City regarding the development of such real property. B. Simpson owns the approximate 0.66-acre parcel of real property addressed 3111 Tieton Drive, Yakima, Washington 98902 (Yakima County Assessor's Tax Parcel No. 181323-33003) that is legally described on attached Exhibit A (referred to as the "Subject Property"). The Subject Property is presently improved with a historic Tudor structure historically known as the "Raymond House." The Subject Property is located at the intersection of Tieton Drive and South 32nd Avenue (a signalized intersection) and adjoins property owned by Yakima Valley Memorial Hospital Association. C. Simpson previously proposed that the Subject Property be rezoned from R-1 Single-Family Residential to B-1 Professional Business and it was previously determined that the requested rezone was consistent with the adopted Urban Area Comprehensive Plan for the City of Yakima. The rezone application was coupled with applications for a multi-use building including coffee house, hair salon, professional office space, and facility for private receptions. The purpose of the applications was to preserve the historic structure and grounds while allowing limited and defined usage of the facility. D. A revised Site Plan was provided based upon comments and requirements of the Hearing Examiner for the City of Yakima, by letter dated the 28th day of June, 2001. E. The City and Simpson agreed the rezone and approved land uses were limited to the specific proposal presented in the application and that no material modification, expansion, or alteration of such uses would be permitted without compliance with applicable ordinance procedures governing such matters. F. The City and Simpson entered into t that certain Development Agreement dated December 13, 2001, and recorded along with City of Yakima Ordinance No. 2001-65 on December 14, 2001, under Yakima County Auditor's File No. 7248394 (the "Development Agreement") to provide certainty for planning and use of the property and to assure the limitation of permissible uses to those identified and reviewed by the Hearing Examiner and City Council. G. As stated therein, the terms of the Development Agreement were personal to Simpson and their family and beneficiaries and not transferable or assignable without a public hearing and amendment of the Development Agreement. 1 14 H. On or about December 22, 2016, Bruce Simpson conveyed ownership of his ownership interest in the Subject Property to Bona Terra 16, LLC, which limited liability company agreement is wholly owned by Simpson. I. Bona Terra 16, LLC and the Foundation have entered into a purchase and sale agreement for the sale of the Subject Property by Bona Terra 16, LLC to the Foundation; provided, however, said sale is conditioned on the Foundation's satisfaction that the Subject Property is and will remain appropriately zoned for the Foundation's planned use of the Subject Property as an professional office and other ancillary uses thereof. J. Simpson now wishes to assign and transfer all of Simpson's right, title, interest, and requirements in and under the Development Agreement to the Foundation in connection and contemporaneous with Bona Terra 16, LLC's conveyance and sale of the Subject Property the Foundation. K. This Amendment is now entered into and executed by the undersigned parties for the purposes of (1) memorializing the assignment and transfer of all of Simpson's right, title, interest, and restrictions under the Development Agreement to the Foundation in connection and contemporaneous with Bona Terra 16, LLC's conveyance and sale of the Subject Property the Foundation, (2) memorializing the City's approval and consent to said assignment and transfer, and (c) to provide for certain minor amendments to the Development Agreement. NOW, THEREFORE, in consideration of the mutual promises herein, the City, Simpson, and the Foundation AGREE AS FOLLOWS: 1. Amendment. This Amendment amends, supplements, and is made part of the Development Agreement. In the event of a conflict between the provisions of this Amendment and the Development Agreement, the provisions of this Amendment will control. Nevertheless, except as expressly amended or supplemented by this Amendment, the provisions of the Development Agreement remain in full force and effect. 2. Assignment and Acceptance. Simpson hereby assigns and transfers all of Simpson's right, title, interest, and restrictions in and under the Development Agreement (as amended by this Amendment) to the Foundation in connection and contemporaneous with Bona Terra 16, LLC's conveyance and sale of the Subject Property the Foundation and the Foundation hereby accepts and assumes the same. 3. Section 2 Amendment. Section 2 of the Development Agreement is amended to permit the continued use of the Subject Property under the terms and requirements of the Development Agreement in accordance with the Subject Property's now built and presently configured site plan. 4. Section 4(b) Amendment. Section 4(b) of the Development Agreement is wholly amended and restated in its entirety to now read and provide as follows: (b) Professional/Administrative Office. Professional/administrative offices may be maintained in the existing structures. Except as otherwise permitted under this Agreement, no retail business shall be permitted and any public conferences/meetings will be by appointment only." 5. Section 4(c) Amendment. Section 4(c) of the Development Agreement is amended to remove the following verbiage: "and operated by Theresa Campbell-Simpson". 2 15 6. Section 6, 6(a), and 6(b) Amendments. Sections 6, 6(a), and 6(b) of the Development Agreement are wholly amended and restated in their entirety to now read and provide as follows: 6. Nonassignability of Agreement. The approved uses and this Agreement are personal to The Memorial Foundation and are not transferable or assignable without a public hearing and amendment of this Development Agreement. In the event The Memorial Foundation ceases to utilize the Subject Property in accordance with this Agreement, the following shall occur: (a) Reversion to Single Family Zoning. Upon termination of use and occupancy by The Memorial Foundation, the zoning of the Subject Property shall revert to R-1 zoning. (b) Comprehensive Plan. The Memorial Foundation further agrees that the land-use designation contained in the Yakima Urban Area Comprehensive Plan may return to Low Density Residential upon compliance with applicable procedures and processes with respect thereto." 7. Section 9, 13, 14, 15, and 16 Amendments. Sections 9, 13, 14, 15, and 16 of the Development Agreement are each amended to replace all references to Simpson and Simpson's family with new references to The Memorial Foundation. 8. Notices to The Memorial Foundation. Any notice or demand the City is required to give or make upon the Foundation under the Development Agreement shall be given/made in accordance with the provisions of Section 10 of the Development to the Foundation at the following address: The Memorial Foundation 3111 Tieton Drive Yakima, Washington 98902 9. Effective Date. This Amendment shall become effective upon the date (the "Effective Date") on which (a) the ordinance approving this Amendment is authorized becomes effective the date of this Amendment (September 25, 2020) and (b) this Amendment is fully executed by the City, Simpson, and the Foundation. 10. Incorporation of Recitals. The Recitals contained in this Amendment are hereby incorporated into this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the Effective Date set forth in Section 9 above. CITY OF YAKIMA, THE MEMORIAL FOUNDATION, a Washington municipal corporation a Washington nonprofit corporation By: By: Name: Name: Title: Title: 3 16 BONA TERRA 16, LLC, a Washington limited liability company By: BRUCE SIMPSON Name: Title: THERESA CAMPBELL-SIMPSON STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA ) On , 2020, ("Signe()who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Instrument') as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument as the for the CITY OF YAKIMA, a Washington municipal corporation. (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA ) On , 2020, ("Signer")who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Instrument') as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument as the for THE MEMORIAL FOUNDATION, a Washington nonprofit corporation. (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires STATE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA ) On , 2020, ("Signer")who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and 4 17 acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Instrument') as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument as the for the BONA TERRA 16, LLC, a Washington nonprofit corporation. (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires STATE OF WASHINGTON ss. COUNTY OF YAKIMA On , 2020, BRUCE SIMPSON ("Signer") who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Instrument') as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument in the Signer's induvial capacity. (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA On , 2020, THERESA CAMPBELL-SIMPSON("Signer") who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above-stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT("Instrument') as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument in the Signer's induvial capacity. (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires 5 18 EXHIBIT A LEGAL DESCRIPTION THE WEST 186.4 FEET OF THE SOUTH 208 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.; EXCEPT THE WEST 20 FEET; AND EXCEPT THE SOUTH 30 FEET; AND EXCEPT A TRIANGLE IN THE SOUTHWEST CORNER CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NOS. 2001307, 2001308, AND 2001309; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NO. 2957528. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. 6 Distributed at the Meeting , AN ORDINANCE ORDINANCE NO. 2020- authorizing and directing the City Manager to sign an amended Development Agreement (City of Yakima Ordinance No. 2001-65 — Simpson Rezone & Development Agreement regarding 3111 Tieton Drive) with Bruce Simpson, regarding property located at 3111 Tieton Drive. WHEREAS, the City of Yakima (here after "City") is a first class charter city incorporated under the laws of the State of Washington and has the authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens and thereby to control the use and development of property within its corporate limits; and WHEREAS, the City has the authority to enter into development agreements with those who own or control property within its jurisdiction pursuant to RCW 36.70B.170- 36.70B.210 and YMC 14.10.010; and WHEREAS, Bruce Simpson initially entered into a Development Agreement, under City of Yakima Ordinance No. 2001-65, with the City on December 13, 2001 with regards to the development and use of the property located at 3111 Tieton Drive; and WHEREAS, the applicant has requested that the Development Agreement be amended to allow the Memorial Foundation similar opportunities to use the property; and WHEREAS, the alterations to the existing Agreement is intended to satisfy the obligations as set forth in the Final Rezone Decision (RZ#5-01) for the execution of a Development Agreement between the Applicant and the City; and WHEREAS, the Development Agreement may be amended for purposes of assigning the agreement to another party or intensifying uses allowed in the Hearing Examiner's decision only with City Council approval after a public hearing, which was held on August 18, 2020; and WHEREAS, the City Council has determined that the amendment to the existing Development Agreement is appropriate, and agrees to amend the original Development Agreement for the property at 3111 Tieton Drive; and WHEREAS, the amended Development Agreement will, amongst other things, implement the existing conditions established by the Hearing Examiner in the original decision, while allowing the existing property owner flexibility in the use of their property, and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted; and WHEREAS, amending the Development Agreement is consistent with the City of Yakima Comprehensive Plan; 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 amend the Development Agreement; now, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Hearing Examiner's Original Recommendations Including Conditions Affirmed. Subject to the specific terms of this ordinance, the Yakima City Council confirms the original recommendations, findings and conclusions of the Hearing Examiner's Recommendation, Examiner No. IU01-2-12, dated August 23, 2001, and incorporates that decision by reference as part of this Ordinance. Section 2. Subject Property. Regarding the Subject Property, Yakima County Assessor's Parcel No. 181324-33003, 3111 Tieton Drive, Yakima, the legal description of which is found in accompanying documents, the City reaffirms its findings from Ordinance 2001-65, but that circumstances have changed since the original Development Agreement which now make the requested amendment to that Development Agreement appropriate. Section 3. Consistency. The requested amendment to the Development Agreement is consistent with the Comprehensive Plan and applicable development regulations, and furthers the public health, safety and general welfare. Section 4. Amended Development Agreement Adopted. The Yakima City Council, after a duly noticed public hearing, has determined that modification of this Agreement furthers the public health, safety and general welfare, and that the provisions of this Agreement are consistent with the Comprehensive Plan and applicable development regulations. The Amended Development Agreement is hereby adopted by the Yakima City Council. The City Manager of the City of Yakima is hereby authorized and directed to execute the attached First Amendment to Development Agreement after both the Simpson. Bova Terra 16 LLCs and the Memorial Foundation execute said document. Section 5. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. The effective date of the Amendment to the Development Agreement shall be September 25, 2020. PASSED BY THE CITY COUNCIL, signed and approved this 18th day of August, 2020. ATTEST: Patricia Byers, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development A reement "Amendmen " entered into this day of -September, 2020, by and between the CITY OF YAKIMA WASHINGTON munici a ,or oration or anized under the laws of the state of Washington ("City"), BRUCE SIMPSON and THE-RESA-GAMPBELL-SIMPSON-ancl-BONA TERRA, LLC, a Washin ton limited liabilit com an collectivel "Sim son"), and THE MEMORIAL FOUNDATION, a Washington nonprofit corporation (the "Foundationl RECITALS A. To strengthen the public planning process and provide certainty to project development, the legislature of the state of Washington enacted RCW 36.70B8. 170 -.210 (the "Development Agreement Statutes"), which authorize the City to enter into an agreement with any person having an ownership interest or control of real property located within the City regarding the development of such real property. B. Simpson owns the approximate 0.668-acre parcel of real property addressed 3111 Tieton Drive, Yakima, Washington 98902 (Yakima CoyntyAssessor's Tax Parcel No. 181323-33003) that is legally described on attached Exhibit A (referred to as the "Subject Property"). The legal desori ption-is-attached -as--E-xh ibit-A ,- -The Subject Property is presently improved with a historic Tudor structure commonly- historically known as the "Raymond House." The Subject Property is located at the intersection of Tieton Drive and South 32nd Avenue (a signalized intersection) and adjoins property owned by Yakima Valley Memorial Hospital Association. C. Simpson has -previously proposed that the Subject Property be rezoned from R-1 Single -Family Residential to B-1 Professional Business and it was previously determined that Tthe requested rezone iwas consistent with the adopted Urban Area Comprehensive Plan for the City of Yakima. The rezone application iwas coupled with applications for a multi -use building including coffee house, hair salon, professional office space, and facility for private receptions. The purpose of the applications iwas to preserve the historic structure and grounds while allowing limited and defined usage of the facility. D. A revised Site Plan hwas been -provided based upon comments and requirements of the Hearing Examiner for the City of Yakima, by letter dated the 28th day of June, 2001. A --6(4).y-,o,1 the ViSed-Site • Pla n, is, t h ed a -Exhibit- B. -and, -ir kd v th is , re tece nce,, E. The City and Simpson agreed that -the rezone and approved land uses shall bowere limited to the specific proposal presented in the application and that no material modification, expansion, or alteration of such uses shall would be permitted without compliance with applicable ordinance procedures governing such matters. F. The City and Simpson entered into this -that certain Development Agreement dated December 13, 2001, and recorded along with City of Yakima Ordinance No, 2001-65 on December 14, 2001 under Yakima County Auditor's File No 7248394 (the "Development Agreement') to provide certainty for planning and use of the property and to assure the limitation of permissible uses to those identified and reviewed by the Hearing Examiner and City Council. G. As stated therein the terms of the DejQpmentgement were personal to Simpson and their famil and beneficiaries and not transferable or assignable without a public hearing and amendment of the Development Agreement, 1 H. On or about Ma 25 2004 Theresa Ca bell -Sim son uit claimed her interest in the Sub'ect Property to Bruce Simpson. On ar about December 22, 2016,_ Bruce Simoon conveyed ownership of his ownership interest in the Subject Propertyo Bona Terra 16 LLC3 which limited liability company a I. Bona Terra 16, LLC and the Foundation have entered into a purchase and sale a reement for the sale of the Sub'ect Pro ert b he Foundation; provided, however, said sale is conditioned on the Foundation's satisfaction that the Subject Property is and will remain a propriately zoned for the Foundation's planned use of the Subject Property as an professional office and other ancillar ses thereof. J. Simpson now ishes o assi nindtransfer all of Sim son's ri ht, title interest and requirements in and under the Development Agreement to the Foundation in connection and contemporaneous with Bpria_Terre 16, LLC's conveyance and sale of the Subject Property the Foundation. K. This Amendment is now entered into and executed by the undersigned parties for the purposes of (1) memorializing the assignment and transfer of all of Simpson's right title interest, and restrictions under the Development Adreement to the Foundation in connection and contemporaneous with Bona Terra 16, LLC's conveyance and sale of the Subject Property the Foundation, (2) memorializing the City's approval and consent to said assignment and transfer, and (c) to provide for certain minor amendments to the Development Agreement. NOW, THEREFORE, in consideration of the mutual promises herein, the City,_ -and -Simpson, and the Foundation AGREE AS FOLLOWS: 1.- Amendment. This Amendment a ends supplement , and is made part of the Develo ment A reement. In the event of a conflict between the provisions of this Amendment and the Development Agreement, the provisions of this Amendment will control. Nevertheless, exce t s ex re s amended or su emented b this AmndmetiL the provisions of the Development Agreement remain in full force and effect. oonsents-to-Simpsong assig nal t-and--tra nsfer-of- at -of ietieris-in A nd-under--the-Deve-loprn-ent-Agreern-en 23. pson he eb ass and trans ers all of Simpson's right, title, interest, and restrictions in and under the Development /Weer this Amendment', to the Foundation in connection and contem oraneous with Bona Terra 16, LLC's conve sale of the Subject Property he Foundation and the Foundation hereb accepts and assumes the same, 3'L Section 2 Amendment. Section 2 of the Development Agreement is amended to permit the continued use of tectPrQpyjLnder the terms and re uirements of the Develo ment Agreement in accordance with the Subject Property's now built and presently configured siteplan. 45. Section 4 b Amendment. Section 4 b amended and res a ed in its entiretv to now read and 0 he Develo ment A reemen holly rovide as follows: 2 (b) Professional/Administrative Office. Professional/administrative offices may be maintained in the existingm structures. Except as otherwise no retail business shall be eritted and an. ik lic conferences/meetings willbe by appointment only ." 56. Section 4(c) Amendment. Section 4(c) of the Development Agreement is amended to remove the followin verbia e. "and o erated by_Theresa Campbell -Simpson". 67. Section 6 6 a and 6 b Amendments. Sections 6. 6 a and 6 b) of the Development Adr`eerentare wholly amended and restated in their entiret ead and ovide a s follows: 6. Nonassi nabilit of A reement. The a roved uses and this Agreement are personal to The Memorial Foundation and are not transferable or assi nable without a public hearing_ and amendment of this Development Agreement. In the event The Memorial Foundation ceases to utilize the Subject Property in accordance with this Agreement, the following shall occur: (a) Reversion toSingle Family Zoning�.Upon termination of use and occu an c b The Memorial Foundation, the zoning of the Subject Property shall revert to R-1 zoning (b) Comprehensive Plan. The Memorial Foundation further agrees that the land -use designation contained in the Yakima Urban Area Comprehensive Plan may return to Low Density Residential upon compliance with ap l�able procedures and processes with respect thereto." 78. Section 9, 13 14, 15, and 16 Amendments, Sections 9, 13, 14, 15, and 16 of the Development Agreement are each amended to replace all references to Simpson and Simpson's family with new references to The Memorial Foundation. 89. Notices to The Memorial Foundation. An notice or demand the Clt is re uired to ive under the Development A; �q eenenthall be given/made in accordance with the provisions of Section 10 of the Development to the Foundation at the following address: The Memorial Foundation 3111 Tieton Drive Yak Washington 98902 940_ Effective Date. This Amendment shall become effective upon the pater -of -date (the "Effective Date") on which (a) the ordinance approving this Amendment is authorized becomes effective and the date of this Amendment (September 25, 2020); and (b) this Amendment is fully executed b the Cit Sim son and the Foundation. 104. Incorporation of Recitals. The Recitals contained in this Amendment are hereby incorporated into this Amendment as if fully set forth herein. IN WITNESS WHEREOF the parties hereto have executed this Amendment effective a of the Effective Date set forth in Section 409 above. 3 CITY OF YAKIMA, .. THE MEMORIAL FOUNDATION, a Washington municipal corporation a Washin ton non rofit cor oration By: Name: Title: BRUCE SIMPSON TIRE STATEoOF WASHINGTON F YAKIMA BY Name: Title: BONA TERRA 16s LLC. a Washington limited liability company mmmm Name: Title: On , 2020("Signer") who is personally known me or proved by satisfactoryeviden e e be the Signer _personalty appeared before me and acknowledged that Signer executed the above -stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT `°Ir stmument'') as Signer's free and voluntary act and deed for the uses arid purposes stated Instrument andthat Signer is authorized to execute the Instrument the for the CITY OF YAKIMA, a Washington munici STATE OF WASHINGTON COUNTY OF YAKIMA (print name) NOTARY PUBLIC in and for the state sf Washiton My appointmentexpires_ j ) ss. ) o as persanally_iknow_ n or proved by s tasfactory evidence to beW the Signer, personalG appeared before me and ! ged that Signer executed the above -stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Instrument") as Signer's free and voluntar act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument as the 4 STATE OF WASHINGTON F YAKIMA for THE MEMORIAL FOUNDATION, a Washington nonprofit ) ss. tint name NOTARY PUBLIC in and for the state of Washington _La expires On , 2020, ("Si net') who is personally known to me or proved by satisfactory evidence to be the Signer, personallym appeared before rme and acknowledged that Sicrner executed the above -stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT _ lipstrtrrrterat""} as,..Signer's €reeand voluntary act and deer for the uses and purposes stated in the Irstrurnent rtd that SA}c ner is authorized to execute the Instrument as the for the BONA TERRA 16, LLC, a Washington nonprofit corporation. (print name) NOTARY PUBLIC in and for the My appointment expires STATE OF WASHINGTON COUNTY OF YAKIMA On 2020, BRUCE StMPSC)N� S ne() who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above -stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 'Instt crment°') as SYgr�er`s free and voluntaryactt and deed for the uses and purposes stated in the Instrument and that,Signer is autherizedMte execute theInstrument in theSwgn induviall capae w+. STATE OF=WA INGTON— LINTX OF-Y K MA rint nameLw NOTARY PUBLIC in and for the s My appointment expires biaglpn R-ESA-CAMP ELL-SIMPSON °` i t er u s ersanal! knc w r nc —be the -Sooner; perse tlY p recl efc re ve-statedLFIRST_-.-,AMENOMEI T— TO —DEVELOPMENT 5 or# - - r ,_..h4gner4in-Elvviai OE 6 EXHIBIT A LEGAL DESCRIPTION THE WEST 186.4 FEET OF THE SOUTH 208 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.; EXCEPT THE WEST 20 FEET; AND EXCEPT THE SOUTH 30 FEET; AND EXCEPT A TRIANGLE IN THE SOUTHWEST CORNER CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NOS. 2001307, 2001308, AND 2001309; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NO. 2957528. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. 7 cwI C.+ soi EXHIBIT B RsiQtrutux Ar:AcumENT, SITE PLAN pretcrm4 Lot. .,� rm satto t010 Fair PG l pn ©r4 Ye ttap nrajuva.,um u 'Wet RECEIVED AUG 4 S zoos WY- QF =YAKIMA PLAW1193 06/. 8 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT This First Amendment to Development Agreement ("Amendment") is entered into this 25th day of September, 2020, by and between the CITY OF YAKIMA, WASHINGTON, a municipal corporation organized under the laws of the state of Washington ("City"), BRUCE SIMPSON and BONA TERRA, LLC, a Washington limited liability company (collectively "Simpson"), and THE MEMORIAL FOUNDATION, a Washington nonprofit corporation (the "Foundation"). RECITALS A. To strengthen the public planning process and provide certainty to project development, the legislature of the state of Washington enacted RCW 36.70B.170-.210 (the "Development Agreement Statutes"), which authorize the City to enter into an agreement with any person having an ownership interest or control of real property located within the City regarding the development of such real property. B. Simpson owns the approximate 0.66-acre parcel of real property addressed 3111 Tieton Drive, Yakima, Washington 98902 (Yakima County Assessor's Tax Parcel No. 181323-33003) that is legally described on attached Exhibit A (referred to as the "Subject Property"). The Subject Property is presently improved with a historic Tudor structure historically known as the "Raymond House." The Subject Property is located at the intersection of Tieton Drive and South 32nd Avenue (a signalized intersection) and adjoins property owned by Yakima Valley Memorial Hospital Association. C. Simpson previously proposed that the Subject Property be rezoned from R-1 Single -Family Residential to B-1 Professional Business and it was previously determined that the requested rezone was consistent with the adopted Urban Area Comprehensive Plan for the City of Yakima. The rezone application was coupled with applications for a multi -use building including coffee house, hair salon, professional office space, and facility for private receptions. The purpose of the applications was to preserve the historic structure and grounds while allowing limited and defined usage of the facility. D. A revised Site Plan was provided based upon comments and requirements of the Hearing Examiner for the City of Yakima, by letter dated the 28th day of June, 2001. E. The City and Simpson agreed the rezone and approved land uses were limited to the specific proposal presented in the application and that no material modification, expansion, or alteration of such uses would be permitted without compliance with applicable ordinance procedures governing such matters. F. The City and Simpson entered into t that certain Development Agreement dated December 13, 2001, and recorded along with City of Yakima Ordinance No. 2001-65 on December 14, 2001, under Yakima County Auditor's File No. 7248394 (the "Development Agreement") to provide certainty for planning and use of the property and to assure the limitation of permissible uses to those identified and reviewed by the Hearing Examiner and City Council. G. As stated therein, the terms of the Development Agreement were personal to Simpson and their family and beneficiaries and not transferable or assignable without a public hearing and amendment of the Development Agreement. 1 H. On or about May 25, 2004, Theresa Campbell -Simpson quit claimed her interest in the Subject Property to Bruce Simpson. On or about December 22, 2016, Bruce Simpson conveyed ownership of his ownership interest in the Subject Property to Bona Terra 16, LLC, which limited liability company agreement is wholly owned by Simpson. I. Bona Terra 16, LLC and the Foundation have entered into a purchase and sale agreement for the sale of the Subject Property by Bona Terra 16, LLC to the Foundation; provided, however, said sale is conditioned on the Foundation's satisfaction that the Subject Property is and will remain appropriately zoned for the Foundation's planned use of the Subject Property as an professional office and other ancillary uses thereof. J. Simpson now wishes to assign and transfer all of Simpson's right, title, interest, and requirements in and under the Development Agreement to the Foundation in connection and contemporaneous with Bona Terra 16, LLC's conveyance and sale of the Subject Property the Foundation. K. This Amendment is now entered into and executed by the undersigned parties for the purposes of (1) memorializing the assignment and transfer of all of Simpson's right, title, interest, and restrictions under the Development Agreement to the Foundation in connection and contemporaneous with Bona Terra 16, LLC's conveyance and sale of the Subject Property the Foundation, (2) memorializing the City's approval and consent to said assignment and transfer, and (c) to provide for certain minor amendments to the Development Agreement. NOW, THEREFORE, in consideration of the mutual promises herein, the City, Simpson, and the Foundation AGREE AS FOLLOWS: 1. Amendment. This Amendment amends, supplements, and is made part of the Development Agreement. In the event of a conflict between the provisions of this Amendment and the Development Agreement, the provisions of this Amendment will control. Nevertheless, except as expressly amended or supplemented by this Amendment, the provisions of the Development Agreement remain in full force and effect. 2. Assignment and Acceptance. Simpson hereby assigns and transfers all of Simpson's right, title, interest, and restrictions in and under the Development Agreement (as amended by this Amendment) to the Foundation in connection and contemporaneous with Bona Terra 16, LLC's conveyance and sale of the Subject Property the Foundation and the Foundation hereby accepts and assumes the same. 3. Section 2 Amendment. Section 2 of the Development Agreement is amended to permit the continued use of the Subject Property under the terms and requirements of the Development Agreement in accordance with the Subject Property's now built and presently configured site plan. 4. Section 4(b) Amendment. Section 4(b) of the Development Agreement is wholly amended and restated in its entirety to now read and provide as follows: (b) Professional/Administrative Office. Professional/administrative offices may be maintained in the existing structures. Except as otherwise permitted under this Agreement, no retail business shall be permitted and any public conferences/meetings will be by appointment only." 2 5. Section 4(c) Amendment. Section 4(c) of the Development Agreement is amended to remove the following verbiage: "and operated by Theresa Campbell -Simpson". 6. Section 6, 6(a), and 6(b) Amendments. Sections 6, 6(a), and 6(b) of the Development Agreement are wholly amended and restated in their entirety to now read and provide as follows: 6. Nonassignability of Agreement. The approved uses and this Agreement are personal to The Memorial Foundation and are not transferable or assignable without a public hearing and amendment of this Development Agreement. In the event The Memorial Foundation ceases to utilize the Subject Property in accordance with this Agreement, the following shall occur: (a) Reversion to Single Family Zoning. Upon termination of use and occupancy by The Memorial Foundation, the zoning of the Subject Property shall revert to R-1 zoning. (b) Comprehensive Plan. The Memorial Foundation further agrees that the land -use designation contained in the Yakima Urban Area Comprehensive Plan may return to Low Density Residential upon compliance with applicable procedures and processes with respect thereto." 7. Section 9, 13, 14, 15, and 16 Amendments. Sections 9, 13, 14, 15, and 16 of the Development Agreement are each amended to replace all references to Simpson and Simpson's family with new references to The Memorial Foundation. 8. Notices to The Memorial Foundation. Any notice or demand the City is required to give or make upon the Foundation under the Development Agreement shall be given/made in accordance with the provisions of Section 10 of the Development to the Foundation at the following address: The Memorial Foundation 3111 Tieton Drive Yakima, Washington 98902 9. Effective Date. This Amendment shall become effective upon the date (the "Effective Date") on which (a) the ordinance approving this Amendment is authorized becomes effective the date of this Amendment (September 25, 2020) and (b) this Amendment is fully executed by the City, Simpson, and the Foundation. 10. Incorporation of Recitals. The Recitals contained in this Amendment are hereby incorporated into this Amendment as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment effective as of the Effective Date set forth in Section 9 above. 3 CITY OF YAKIMA, THE MEMORIAL FOUNDATION, a Washington municipal corporation a Washington nonprofit corporation By: By: Name: Name. Title: Title: BRUCE SIMPSON STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA BONA TERRA 16, LLC, a Washington limited liability company By: Name: Title: On 2020, ("Signer") who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above -stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Instrument') as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument as the for the CITY OF YAKIMA, a Washington municipal corporation. STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires On , 2020, ("Signer") who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above -stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Instrument") as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument as the for THE MEMORIAL FOUNDATION, a Washington nonprofit corporation, (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires 4 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA On , 2020, ("Signer") who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above -stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Instrument`') as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument as the for the BONA TERRA 16, LLC, a Washington nonprofit corporation. STATE OF WASHINGTON COUNTY OF YAKIMA ) ss. (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires On , 2020, BRUCE SIMPSON ("Signer") who is personally known to me or proved by satisfactory evidence to be the Signer, personally appeared before me and acknowledged that Signer executed the above -stated FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Instrument) as Signer's free and voluntary act and deed for the uses and purposes stated in the Instrument and that Signer is authorized to execute the Instrument in the Signer's induvial capacity. (print name) NOTARY PUBLIC in and for the state of Washington My appointment expires 5 EXHIBIT A LEGAL DESCRIPTION THE WEST 186.4 FEET OF THE SOUTH 208 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.; EXCEPT THE WEST 20 FEET; AND EXCEPT THE SOUTH 30 FEET; AND EXCEPT A TRIANGLE IN THE SOUTHWEST CORNER CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NOS. 2001307, 2001308, AND 2001309; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF YAKIMA, UNDER AUDITOR'S FILE NO. 2957528. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. 6