HomeMy WebLinkAbout08/18/2020 06 Termination of Lease with Sunrise Outreach Center of Yakima, Entrance into Lease with Grace City Outreach ti i..asxntntj kd
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.
For Meeting of:August 18, 2020
ITEM TITLE: Resolution authorizing termination of the lease agreement with
Sunrise Outreach Center of Yakima, a religious organization, to
lease property adjacent to the wastewater treatment plant for a
temporary homeless encampment and to enter into a lease
agreement with Grace City Outreach, a religious organization, to
lease property adjacent to the wastewater treatment plant for a
temporary homeless encampment
SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The City has a current lease agreement with Sunrise Outreach Center of Yakima to lease
property adjacent to the wastewater treatment plant to be used as a temporary homeless
encampment. Sunrise Outreach no longer wishes to run the encampment, but the people who
worked for Sunrise Outreach in operating the encampment have formed a new religious
organization non-profit(501(c)(3)) corporation that can operate the encampment. Sunrise
Outreach seeks to terminate the current lease agreement and Grace City seeks to enter into a
new lease agreement, for the same land and under the same general conditions, with Grace City
as the lessee.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
D rasa 010/2020 r Memo
121 Termination of unnse C attach Lease $/ 1 0 0 retract
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D Laisc Agrnerneril with Grace fly ati2070 GonErdcl
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RESOLUTION NO. R-2020-
A RESOLUTION authorizing termination of the existing a lease with Sunrise Outreach
Center of Yakima and to enter into a lease with Grace City Outreach for
property adjacent to the wastewater treatment plant to be used as a
temporary homeless encampment.
WHEREAS, on January 9, 2019, the City and Lessee Sunrise Outreach Center of Yakima
entered into a "Lease Agreement Between the City of Yakima and Sunrise Outreach Center of
Yakima", City Contract No. 2019-005 ("Lease"), whereby the City leased unimproved land at no
charge for a period of three years in exchange for Sunrise Outreach providing services to the
homeless in Yakima, including, but not limited to, shelter in the form of an encampment; and
WHEREAS, on November 7, 2019, the City and Sunrise Outreach entered into a Lease
Amendment to amend the Use section, Section 5, of the Lease providing for an amendment to
the time periods during which the encampment must be closed; and
WHEREAS, Sunrise Outreach Center of Yakima no longer wishes to operate the
homeless encampment; and
WHEREAS, Grace City Outreach is a registered Washington State non-profit corporation,
a religious organization, and also has obtained federal IRS 501(c)(3) status; and
WHEREAS, Yakima County recently was asked to assign its funding contracts that were
originally granted to Sunrise Outreach to Grace City 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, Mike Kay, CEO of Grace City Outreach, has, since the beginning of the
encampment's existence, been involved in the operations and administration of the homeless
services and is familiar with the needs, requirements, and services associated with operating and
maintaining the homeless encampment; and
WHEREAS, the lease agreement between Sunrise Outreach and the City needs to be
terminated and a new lease agreement between Grace City Outreach and the City needs to be
entered into to outline the requirements associated with the use of the City's property for a
temporary homeless encampment; and
WHEREAS, Sunrise Outreach 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, Grace City 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 Sunrise Outreach and the City,
and enter into a new Lease Agreement with Grace City Outreach to lease property adjacent to
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the wastewater treatment plant for the purposes of operating a temporary homeless encampment;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The Yakima City Council authorizes the Interim City Manager to terminate the Lease
Agreement with Sunrise Outreach Center of Yakima to lease City-owned property to
the religious organization for the purpose of a temporary homeless encampment.
2. The Interim City Manager is hereby authorized to execute the Lease Agreement
between the City of Yakima and Grace City Outreach to lease City-owned property to
the religious organization for the purpose of a temporary homeless encampment.
ADOPTED BY THE CITY COUNCIL this 18'h day of August, 2020.
Patricia Byers, Mayor
ATTEST:
Sonya Claar-Tee, City Clerk
5
AGREED TERMINATION OF LEASE AGREEMENT
BETWEEN THE CITY OF YAKIMA AND SUNRISE OUTREACH CENTER OF YAKIMA
THE PARTIES to the Lease Agreement Between the City of Yakima and Sunrise
Outreach Center of Yakima, 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 January 1, 2019, and as amended on
November 7, 2019, 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.
Sunrise Outreach Center of Yakima has worked with Mike Kay, the CEO of a new religious
organization non-profit, Grace City Outreach, and it is contemplated by the Parties that a new
Lease Agreement will be entered into between the City of Yakima and Grace City Outreach to
continue leasing the Property to accommodate a temporary homeless encampment under
similar terms and conditions.
Upon the effective date of this Termination, (the date on which the City of Yakima signs this
Agreement) Sunrise Outreach Center of Yakima shall remove any and all personal property on
the premises pursuant to 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 Sunrise
Outreach Center of Yakima 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 SU ISE OUTREACH CENTER OF
YA
Alex Meyerhoff, Interim City Manager Dave Hanson, Executive irector
DATED: DATED: e ?
6
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.
Date ‘,
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0/4\sSiON N.0% By: (I
Notary Publ* for th State o Washington
SOTARY1* Residing at: if
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STATE OF WASHINGTON
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County of Yakima
I certify that I know or have satisfactory evidence that Alex Meyerhoff signed this
instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the Interim City Manager of the City of Yakima, Washington to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Date:
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
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LEASE AGREEMENT BETWEEN THE CITY OF YAKIMA
AND
GRACE CITY OUTREACH
THIS LEASE AGREEMENT (hereinafter "Lease"), is executed by and between the City of
Yakima, a Washington State municipal corporation (hereinafter "LESSOR") and Grace City
Outreach, a Washington State non-profit corporation with IRS 501(c)(3) status and a religious
organization pursuant to RCW 35.21.915 (hereinafter"LESSEE".)
WHEREAS, LESSOR has property available for lease as provided by this Lease, and LESSEE
desires to occupy and use such property in accordance with this Lease and RCW 35.21.915,
NOW THEREFORE, in consideration of the mutual promises contained herein and the benefit to
be derived by each party, the parties agree as follows:
1. LEASED PREMISES. LESSOR does hereby lease and let unto LESSEE and LESSEE
does hereby lease and take from LESSOR, that unimproved property described below
(hereinafter referred to as "Property" or"leased premises") and as depicted on the drawing
marked as Exhibit 1, attached hereto and by this reference made a part hereof:
All that portion of Tracts 33 and 40 of Goodwin's Five Acre Tracts, Recorded in
Volume 'A' of plats, Page 18, records of Yakima County, Washington described
as follows:
Beginning at the Southwest Corner of Tract 40, as described on Record of Survey,
recorded under Auditors File No. 7718968, records of Yakima County,
Washington; thence N 0°15'41" E 75 feet; thence S 89°44'19" E 10 feet, to the
point of True Beginning; thence N 0°1541" 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 pursuant to RCW 35.21.915, as
amended, and ESHB 1754. LESSEE acknowledges and understands that the property
has limited water and sewer connection access 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 on August
19, 2020, and continue for a period of approximately two years until June 30, 2022, unless
otherwise terminated as provided for herein. This Lease may be renewed by the LESSEE
by providing notice of intent to renew no less than thirty (30) days before the end of the
term for one additional two-year term. The last date under this Lease, if the additional term
is exercised, will be June 20, 2024.
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3. RENT. In consideration for LESSEE's agreement to the terms and conditions of this
Lease, and that LESSEE shall use the property to operate a temporary homeless
encampment for homeless individuals, providing a safe, more secure area for homeless
individuals to camp, and providing services and aid to persons experiencing homeless
while they search 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 that family unit should be encouraged to take advantage
of services through other entities. LESSEE shall connect the family unit to other
service providers to attempt to find alternate accommodations. 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. The City in its sole discretion
shall approve an area for families.
(b) General Use, LESSEE agrees to use the leased premises solely for operating and
facilitating a temporary encampment for homeless persons, and associated services.
Attached as Exhibit 2, subject to the terms outline din 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, 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 any time period outside
this lease agreement.
(c) Additional facilities onsite LESSEE, with express written permission of LESSOR,
through its City Manager, or their designee, may construct on-site facilities such as
community buildings, or other similar improvements and facilities upon receiving all
necessary permits pursuant to the Yakima Municipal Code and state law. Any such
facilities should be able to be used in the various seasons typical in Yakima. Facilities
other than temporary bathroom, shower, kitchen and/or laundry facilities, shall not be
connected to underground utilities, such as water and sewer. No residential/living
facilities shall be connected to underground utilities. No facilities at the encampment
shall be affixed to the ground permanently.
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(d) Organized Religious Activities, No homeless services provided by LESSEE or any
of LESSEE's subcontractors or partner agencies 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 encampment's occupants' 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 LESSOR shall not be responsible for moving, adding
or supplementing any utilities or utility facilities. All costs for utilities, including any costs
for infrastructure necessary for said utilities, shall be paid by LESSEE.
LESSEE shall install a meter and be charged separately from the City for all electricity
charges at no charge to LESSOR. LESSEE shall be responsible for the operation and
maintenance of the meter and any damages to the meter or power pole associated with
the meter or LESSEE'S use of the power pole for electricity. LESSEE shall coordinate
with Pacific Power to have all billings for electricity used during the term of this lease to be
billed directly to the LESSEE. A meter shall be installed prior to November 15, 2017.
LESSEE may connect non-residential temporary structures or facilities not permanently
affixed to the ground to public water and/or sewer with the express written consent of the
LESSOR and approval of the location of pipelines and facilities by LESSOR. In the event
LESSEE connects the property to public water and/or sewer, LESSEE is responsible for
all costs associated therewith, from the main water and sewer line to and throughout the
property, including, but not limited to permit fees, connection fees, and construction costs.
LESSEE shall also be responsible for obtaining any necessary easements or rights to
cross private property if necessary. Said easements and improvements shall be
transferred to the LESSOR at the termination of this Lease. LESSEE shall be limited to
no more than three connections for temporary bathroom, shower and/or kitchen facilities,
unless otherwise agreed to, in writing, by the LESSOR.
LESSEE shall be responsible for all utility charges, including, but not limited to, electricity,
water, sewer and garbage charges for the property. All billings shall be in the name of
LESSEE and 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 this 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.
All facilities shall be provided at the expense of the LESSEE and shall be cleaned and
serviced as needed to maintain a safe and sanitary environment.
8. PREMISES CONDITION AND FENCING. LESSEE has made a full inspection of the
premises, is fully aware of its condition and accepts the premises on an "AS-IS" basis.
LESSEE agrees to pay for any improvements, repairs and/or modifications necessary to
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LESSEE's use, including but not limited to all costs associated with the installation of
improvements necessary to run a temporary homeless encampment.
All activities and services provided to the homeless as part of the temporary homeless
encampment shall occur within a fenced perimeter. LESSOR shall provide temporary
fencing in the length of 777 feet to LESSEE as part of this Lease. The fencing shall remain
the property of LESSOR and any damage or loss to fencing owned by LESSOR shall be
the responsibility of LESSEE. LESSEE shall return LESSOR's 777 feet of fencing in its
original condition, normal wear and tear excepted, to the LESSOR at the termination of
this Lease. In the event additional fencing is needed by LESSEE to conduct its activities
and services for homeless persons on the property within a fenced area, LESSEE is
responsible for any and all additional costs, including permits and installation costs,
associated with placement of additional fencing.
9. CONSTRUCTION OF ACCESS WAY FOR CITY VEHICLES. Due to LESSEE's desired
location for the temporary homeless encampment, LESSEE acknowledges that it is
necessary for LESSEE to construct an access driveway, including, but not limited to the
necessary curb cut in a width and location approved by the LESSOR, and approach. The
access driveway design, materials and location shall be approved by the City Engineer
and constructed at the sole expense of LESSEE. LESSEE shall be responsible for
obtaining all necessary permits to construct the access way. Said access way shall be
constructed when, separately from this Lease, specifically requested by the City in writing.
Once the request is received, LESSEE shall have 60 days to finish construction of the
access way unless a different time period is agreed upon by the parties.
10. MAINTENANCE. LESSEE agrees to keep and maintain the premises in at least as good
a condition as the condition of the premises as if no temporary homeless encampment
had existed on the Property. 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 cost and
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 and weed control on
the Property.
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 if originally
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made by LESSEE, the determination of which shall be made by LESSOR, at no cost to
the LESSOR.
13. REGULATIONS. LESSEE agrees to comply with all applicable laws, ordinances, rules,
regulations and policies of all governmental authorities, including policies adopted by
LESSOR, as such laws, ordinances, rules, regulations and policies apply to the use and
operation of the leased property and as those laws, ordinances, rules, regulations and
policies now exist or may hereafter become effective.
LESSEE agrees to formulate a Code of Conduct, or other similar good neighbor
agreement and/or rules of conduct for the temporary homeless encampment. Such Code
of Conduct for use of the temporary homeless encampment by its residents should
include, but not be limited to, requiring that residents not commit violations of the law, that
residents have respect for other residents and neighboring property owners, and other
such regulations that ensure that the residents, and neighboring property owners and
residents, are safe, secure, and that the public health and safety is maintained. A copy of
the Code of Conduct shall be provided to the LESSOR.
LESSEE shall comply with all building, fire, and safety regulations, including, but not
limited to building codes concerning any structures built on premises and perm it fees, if
written permission is granted to construct on-site facilities of any kind.
14. SITE PLAN. LESSEE, prior to the beginning date of this Lease, shall provide to the City
a site plan that generally depicts how the site will be set up, the location of sanitation and
other group facilities, ingress and egress for emergency vehicles, as well as the maximum
occupancy of said encampment. Maximum occupancy shall be determined by the City of
Yakima. Any modification of the site plan to allow for improvements or other additional
facilities shall be agreed to and approved by LESSOR. The site plan shall be affixed
hereto as Exhibit 3.
15. SUBLETTING AND ASSIGNMENT. 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
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permitting to be erected, any building or other structure on the LESSOR's property which,
in the opinion of the LESSOR, would limit the usefulness of the property or constitute a
hazard.
C. LESSOR shall have the right to use, unobstructed, the driveway off of 22"d Street for
ingress and egress to LESSOR'S property for maintenance, operations, public safety, or
other purposes. The driveway off of 22"d Street shall not be obstructed by parked or
stationary vehicles, personal property, gates, persons or otherwise, at any time.
D. All parking of occupants of the temporary homeless encampment shall be within the
leased property. If a parking area is proposed, it must be paved or graveled to avoid
parking on dry grasses or combustible materials. 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), and as amended, applies to the property and this Lease. That section as of
the date of this Lease, specifically states:
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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.
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 as required by this Lease; 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:
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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
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
C. LESSEE agrees that participation in religious activities will not be required to obtain
any of the services provided on the property that is subject to this Lease.
20. INSURANCE. It is understood the City does not maintain liability insurance for the
LESSEE and/or its officers, employees, agents and/or subcontractors.
Further, LESSEE shall obtain insurance as follows:
A. Property Insurance. On or before the effective date of this Lease LESSEE shall
procure and maintain a policy or policies of property insurance in an amount acceptable
to the LESSOR with respect to the Property and LESSEE's personal property. LESSEE
will hold the City harmless for any damage to property owned by LESSEE and waive its
right of subrogation for any damage to their property.
B. Liability Insurance. On or before the effective date of this Lease, LESSEE shall
provide the City proof of liability insurance in the amount of Two Million Dollars
($2,000,000.00) per occurrence combined bodily injury and property damage that states
who the provider is, the amount of coverage, the policy number and when the policy and
provisions provided are in effect. The policy shall name the City, its elected and appointed
officials, officers, agents, and employees as additional insureds and shall contain a clause
that the insurer will not cancel or change the insurance without first giving the City thirty
(30) days' prior written notice. A copy of all such policies shall be provided to the City
upon request.
21. INTEGRATION AND SUPERSESSION. This document embodies the entire Lease
between the parties with respect to the subject matter herein contained and supersedes
any and all prior negotiations, discussions, agreements, and understandings between the
parties as to the subject matter hereof, which are hereby declared terminated and of no
further force and effect. No amendments or modifications hereof shall be enforceable
unless in writing, signed by both parties.
22. SEVERABILITY. If a court of competent jurisdiction holds any part, term or provision of
this Lease to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and
enforced as if the Lease did not contain the particular provision held to be invalid. If any
provision of this Lease is in direct conflict with any statutory provision of the State of
Washington, that provision which may conflict shall be deemed inoperative and null and
void insofar as it may conflict, and shall be deemed modified to conform to such statutory
provision.
8
15
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.
CITY OF YAKIMA GRACE CITY OUTREACH
do City Manager do Mike Kay
129 North 2nd Street 500 University Parkway#211
Yakima, WA 98901 Yakima, WA 98901
509-575-6000 503-396-2085
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 GRACE CITY OUTREACH
/
By By /
Alex Meyerhoff, Interim City Manager Mike K-y, CE
Date: Date. 0 •
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 Mike Kay, the CEO of Grace City
Outreach, signed this instrument, and on oath stated that they were authorized to execute
9
16
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 ,
0 , * r Notary PIic rt ;hate o Washington
Residing at:
"A Appointment xires
8
Aviittilittow
STATE OF WASHINGTON )
) ss
County of Yakima )
I certify that I know or have satisfactory evidence that Alex Meyerhoff signed this
instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the Interim City Manager of the City of Yakima, Washington to be the
free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Date:
By:
Notary Public for the State of Washington
Residing at:
Appointment Expires
10
17
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Shaded area above is the Leased Property
Legal Description of Leased Property
All that portion of Tracts 33 and 40 of Goodwin's Five Acre Tracts, Recorded in Volume
'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.
18
CA P • ' E
perations 2020
G CE CITY OUT ' ACH (GCO) will assume the operation of Camp Hope,
as it has been known to the Yakima County Community for over three years.
Camp Hope will continue to serve the community by striving to reduce
homelessness within the Yakima Valley.
Camp Hope will move forward by using innovation and initiative to fulfill the
immediate and critical needs of people experiencing homelessness in our
community.
In addition to this, Camp Hope will work toward empowering people
experiencing homelessness with critical tools needed to navigate their way back
to a healthy and productive life, with the ultimate goal of self sufficiency via the
Strength's Based-Relationship Service Model.
Camp Hope, the managed encampment located at: 2300 E B h St. Yakima.
ashington 98901 will provide unsheltered individuals with a safe,
accommodating and well managed facility. This facility, as well as the services
provided there will create relief for downtown businesses, public works dept.,
law enforcement and other city and county entities.
Camp Hope and it's services will also improve the appearance of public spaces,
including sidewalks and doorways, allowing such spaces to be used for their
intended purposes.
19
Overview
GCO will provide coordination of shelter, meals and basic needs assistance to
people experiencing homelessness, as well as their pets beginning on, or about
August 4th, 2020.
This temporary, sanctioned encampment will be managed and staffed by GCO.
C. u p Hope will serve up to 100 people each night and will operate 24 hours a
day.
Based on the proven strategies of Camp Hope leadership, the encampment will
continue to be managed in the same manner as has been successful since C. p
Hope's inception.
cm 1 S at ies u e:
• All individuals must register each evening to remain within the
encampment. This policy provides security, as well as accountability within
the population we serve.
• A maximum occupancy will be established, which shall not be exceeded
and the entrance will be monitored and secured by staff at all times.
All individuals will check in and out when entering and leaving the
property to ensure the safety and security of the encampment.
• Check in hours will be between 3PM and 6PM, with variances allowed for
those who work, or those with verifiable appointments.
20
The Camp Hope Operations Plan 2020 calls for the use of large dormitory style
tents, rather than smaller individual tents. The use of larger tents will dr. tically
reduce the appearance of clutter and allow for the monitoring of resident activity
within the facility.
There will be separate areas for male and female residents, along with storage
facilities for resident belongings. An appropriate number of gender specific staff
will monitor both the male and female spaces to avoid mixed gender situations
among staff and residents whenever possible. A staff member will remain on site
at all times for resident safety.
Each person choosing to stay at Camp Hope will be asked to sign a Good
Neighbor Agreement, which will outline behavior expectations for both on and
off C. gi p Hope property. The agreement will also explain potential consequences
for violation of said agreement.
Each resident of Camp Hope will be expected to contribute to the cleanliness of
the facility, depending on individual circumstance and capabilities.
olities
. . .
The Camp Hope facilities include 4 dormitory barracks style military tents, two
for males and two for females. These tents will accommodate up to 30
individuals each. Two additional dormitory barracks style tents will be used for
emergency family shelters.
Additional facilities include:
• Mobile Kitchen Unit
• Mobile Shower Unit
• Mobile Restroom Unit
• Portable Laundry Unit
Dormitory Style Day Use Tent
21
Camp Hope also utilizes small, portable buildings (no larger than 10x20ft) built
on skids as a variation of offices (I.e. Case Managers / Director / Security).
Camp Hope will contract with the City of Yakima for garbage collection service.
S . g
The current model for Camp Hope consists of the following staffing levels:
1 - Executive Director
3 - Full-Time Shelter Monitors
1 - Part-Time Care Manager
2 - Part-Time Shelter Monitors
5 - Interns
10 - Trustees
Camp Hope staff will have an onsite supervisor at all times, as well as access to
the Executive Director 24 hours a day.
The Executive Director Mike Kay has direct experience with the homeless
population, is a certified peer counselor and has established relationships within
the shelter. He is currently supported by three full-time and three part-time staff,
as well as 5 interns.
In addition, the staff is supported by a continuously expanding group of
dedicated volunteers. A part-time professional care manager will administer our
mental health referral support system. GCO is committed to collaborating with
organizations in order to provide a pathway toward housing and other necessary
resources. GCO will continue working to support each resident as they work
toward self-sufficiency.
Camp Hope will have round-the dock staff and designated, monitored outdoor
spaces to prevent disruption to the businesses and activities in the surrounding
area.
. ,
22
As part of their stay, residents of Camp Hope will participate in grounds-keeping
and other meaningful work, creating a sense of pride and ownership in the
encampment on a volunteer basis.
This includes, but is not limited to:
Public service projects such as participation on the Greenway Events /
Cleanup
Working with City Staff to assist in graffiti removal
City clean up and snow removal
The Camp Hope Internship and Trustee programs provide current, or formerly
homeless individuals a combination of dassroom and on the job training within
our Low-Barrier Homeless Shelter, or Transitional Housing facility. This training
can offer experience and create recent job history for residents and prepare them
for outside employment.
' a s S. ices
Transportation:
GCO maintains two vehicles for the purpose of providing limited transportation
services to the residents of Camp Hope. Camp Hope staff will transport residents
in assigned vehicles to the Yakima transit center in the morning and will return to
the transit center in the evening to transport returning residents back to camp.
GCO also maintains a sedan program to assist in providing non-life threatening
transportation of residents to medical, mental health, pharmacy and employment
services.
u *o C ul ter
Camp Hope provides an education center, which offers the residents access to
several educational resources. Residents of Camp Hope are given the opportunity
to enhance their knowledge in:
23
GED Preparation
Reading Comprehension
Writing Skills
Math Comprehension
Financial Management
Coping Skills
Grief Management
Computer Literacy Courses
Resume Writing Courses
Job Interview Skills
The education center also provides an opportunity for individual mentoring /
tutoring for residents of Camp Hope. Residents have access to a computer with
internet access in order to search for jobs, housing and to connect with family. A
volunteer coordinator and large team of volunteers with expertise in various
subject matter staff the education center.
ccounta a er ' ra
The residents of Camp Hope and all other GCO facilities are automatically
enrolled in our Accountability Partner Program. This program helps ensure each
resident feels welcome and connected. Additionally, the program helps guarantee
residents are given access to resources, including permanent housing, medical,
psychiatric and addiction services in an efficient manner.
Upon entering a GCO facility, each resident is taken through a mandatory intake
process. Once said intake process has been completed:
24
Within 48 hours of the initial intake, our on site Care Manager provides
each resident with an assessment interview / review.
The Care Manager will identify any barriers that the resident has identified
(I.e. No Identification, Transportation, etc.) and refer the resident to the
Accountability Partner Team. The team is made up of facility staff who are
assigned a maximum of 8 residents to assist with following their
accountability plan.
The resident will have a weekly meeting with their assigned team member
to review their progress on the accountability plan.
The Facility Director will also meet weekly with the resident to review their
accountability plan and ensure they are being provided resources and
assistance in a timely manner.
The purpose of a multi-staff approach to this plan is to ensure that each resident
feels connected to service providers, creates a sense of community and removes
any potential gaps in services.
ot e • Out ai au .
GCO will provide a Homeless Outreach Te. 11 , or HOT. HOT will respond as
requested within Yakima County, as staffing and funding allow.
HOT will act as a response team to the Yakima County Community and will
respond with specially trained staff / volunteers. HOT will respond to calls placed
by the community, City, or other service providers for people experiencing
homelessness who may be congregating, or unaware of the services available to
them.
The goals of the Camp Hope HOT Te. are:
25
• To provide the community with an immediate response.
• To provide relief to emergency service providers by reducing their
responses to non-criminal nuisance complaints. HOT will provide safe
transportation for people experiencing homelessness to shelter/
encampment/ service providers within Yakima County.
• To provide people experiencing homelessness within Yakima County with
trained personnel, able to provide resources directly related to the needs of
the individual.
To treat people experiencing homelessness in Yakima County with dignity
and respect.
Camp Hope maintains a 24 hour hotline, provides community outreach services
and has a partnership with The Downtown Business Association to provide an
alternative to calling 911 for non-emergent issues relating to homelessness. These
services will drastically reduce the demand on the Yakima Police and Sheriff's
Department to respond to such calls. We are committed to a dose and creative
partnership with local law enforcement. Over the past months, we have conferred
on shelter safety practices and intake of certain nuisance offenders. In addition we
have also discussed accessing future funding for programs aimed at reducing
unnecessary police calls and associated public safety costs, as well as the need for
closer coordination between the police and social services. Our HOT Team will
be working in conjunction with local law enforcement to address and mitigate the
public impact of people experiencing homelessness in the immediate
neighborhood surrounding Camp Hope.
26
' obi& ' CI II
A Low-Barrier Shelter is a model of service delivery which provides for the basic
needs of people experiencing homelessness in order to end the cyde of street
dependent living. This model prioritizes the provision of shelter and basic needs
FIRST, allowing each individual to access additional services once emergent
needs are met. (I.e. housing progr. s, addiction services, mental health support
programs, etc.). In practice, the Low-Barrier Shelter model encourages
individuals to participate in available programs, but not required.
Sobriety is not required, however drug and alcohol possession and use is
prohibited on the premises.
• Each individual will have a formal intake and registration interview, but
will not be denied service if they do not possess a valid ID.
Couples will be able to stay together.
Limited storage space is provided for personal items.
Service animals and companion pets will be accommodated.
Homeless (HUD Definition)
Individuals seeking shelter at C. 1p Hope must be age 18, or older.
• Individuals seeking shelter at Camp Hope must be ambulatory and not
require hospital, or skilled nursing care.
• Individuals seeking shelter at Camp Hope must agree to be non-violent
Individuals seeking shelter at Camp Hope must agree not to use, possess,
or sell alcohol, drugs, or illegal substances on the premises.
• Individuals seeking shelter at Camp Hope must agree to treat other
residents, staff, volunteers and the property with respect.
• Individuals seeking shelter at Camp Hope must agree to obey fire and other
safety regulations.
Camp Hope will accept new residents on a first-come, first-serve basis. However,
if there is an emergent need for shelter we will offer the individual a bed for the
night, providing they pass the initial screening.
27
• ilfCo du
In order to receive shelter from C. u p Hope, residents must agree to follow the 5
community standards of behavior:
No violence toward yourself, or others.
• No illegal substances, alcohol, or paraphernalia on the premises.
No stealing.
No disruptive behavior of any kind that disturbs the general peace and
welfare of the camp.
The above mentioned standards are enforced and all residents agree during the
intake process to leave voluntarily if found in violation of these standards.
There is no set rn e-limit to any resident's stay, as long as they are able to follow
the community standards of behavior.
Responsibilities of residents include:
Attending mandatory community meetings held at the Executive Director's
discretion.
Actively participate in community cleanup of their area (I.e. bed space)
every week as mandated by the Department of Health.
There are varying lengths of bans from the Camp Hope community for the
violation of rules and standards of behavior. There are also three "elected
arbitrators" (selected by the Executive Director with community input) who are
responsible for working with residents who don't follow the acceptable rules and
behavior of the c. u p.
Camp Hope also has a donations coordinator, a volunteer responsible for logging
and distributing donations equitably. The enc. i pment Executive Director must
approve all donations prior to them being accepted. Donations will only be
accepted at an agreed upon date / time which will be clearly posted.
28
if
There will be no set time-frame, or limit on any resident's stay at Camp Hope.
Arbitrary time limits have proven to be a barrier to sheltering people experiencing
chronic homelessness, as they time-out, get discouraged and are unable to re-enter
the shelter for a period.
The premise of "shelter first" housing is that through creating a safe environment
and fostering a sense of stability, we can eliminate some of the "toxic stress"
affecting people experiencing homelessness.
It is within this safe environment that we can help residents meet their basic needs
and become more stable, easing to process and building on their progress into
housing and other services.
eral afe S u
Risks to residents, staff, volunteers, neighbors and property owners are of equal
concern to the staff of GCO. We will continually evaluate and systematically
address issues of risk. Concerns linking crime and safety risks with people
experiencing homelessness have been expressed in the past.
It is through our intent to address these concerns that they have been abated
through productive community dialogue, p. i ership and responsive agency
practice. Through our "Good Neighbor" policy and practices we strive to
mitigate the off-site impact of the shelter. We have routinely deployed our HOT
Te. i s to patrol the area, as well as providing a 24 hour hotline for neighbors to
call, should any issue arise.
„.. „.,
29
u -*de S 'c. ;. Co u i Co aboratio $
Camp Hope is filling a dearly defined gap in services for unsheltered adults in
Yakima County. Cities and Counties with the most success in ending
homelessness subscribe to a continuum of care network. This network begins
with low-barrier emergency shelter and ends with affordable home ownership. In
order for an individual to move from a state of unsheltered homelessness and into
a place of self-sufficiency, we must provide an entry point to gain maximum
access to supportive services. Such services as mental health support (on site),
chemical dependency and substance abuse programs, housing programs and
many more. Under our agency umbrella we will operate in close coordination
with Community Health Centers and other service providers to assist residents in
gaining entry into the rapid rehousing program. Helping residents establish that
first connection with service providers is key to their success within recovery.
Pa ers
GCO has established a comprehensive community network of providers. We
have an agreement whereby these partnering agencies will be provided secure
access to shared residents (clients).
Various churches, civic groups, and businesses help provide the evening meal for
Camp Hope residents on a daily basis. Camp Hope will work with Yakima
Neighborhood Health and other private providers for case management services,
as well as other medical, dental and substance abuse issues. Camp Hope will
partner with Comprehensive Mental Health to provide services to residents
suffering from mental illness, as well as working with Entrust Community
Services to provide workplace training and support progr. ii s for residents.
Additional service providers are sought out and connected with our residents as
needed.
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31
Pre/ Post Covid-19
Le:end
1. en's 64x20 ft I or itory Tent
2. en w/ Pets 64x20 ft P or itory Tent
3. o en w/ Pets 64 x 20 ft D or itory Tent
4. o en 64x20 ft o or itory Tent
5. Fa ily Tent 4:x20 ft Tent
6. Fa ily Tent 4 :x2 1 Tent
7. Power Pole w/ Light
• . 4 x 20 lay Tent
9. obile itchen Trailer
10. estroo Trailer
11. Shower Trailer
12. Laund • uilding
13. S all Storage Shed
14. Classroo / TV ' o0
15. Office
16. Case anager's O ffice
17. Case anager's Office
1 : . I ucation Center
19. Stora:e Trailer #1
20. Storage Trailer #2
21. irector's Office
22. onation Center Trailers
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33
A a II
Covid49 E ergen Configuration
Legend
1. Men's 64x20 ft Dormitory Tent
2. Men w/ Pets 64x20 ft Dormitory Tent
3. Women w/ Pets 64 x 20 ft Dormitory Tent
4. Women 64x20 ft Dormitory Tent
5,
6. 48x20 ft Tent (Used for Male Only Outside Employment
Workers)
7. Power Pole w/ Light
8. 48 x 20 Day Tent
9. Mobile Kitchen Trailer
10. Restroom Trailer
11. Shower Trailer
12, Laund
13. S la Stora:e Shed
14. Classroo / TV Poo
15. Office
16. Case anaer's 0 .ce
17. Case anaer's ice
1 ducation Center
19. Storage Trailer #1
20. Storage Trailer #2
21. Director's Office
22. Donation Center Trailers
23. Women's Isolation Area
24. Meri's Isolation Area
25. Quarantine Area (Covid Positive Only)