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HomeMy WebLinkAboutEl Dos De Oro - Community Good Neighbor Agreement - w AmendmentFIRST AMENDED COMMUNITY GOOD NEIGHBOR AGREEMENT EL DOS DE ORO THIS FIRST AMENDED COMMUNITY GOOD NEIGHBORHOOD AGREEMENT ( "Agreement ") is entered into between El Dos De Oro, located at 5 Ranch Rite Road, Yakima, WA 98901, -and the City of Yakima, a municipal corporation ( "City "), and the Yakima community ( "community ") for the purpose of fostering improved public safety and to augment efforts by the City and the community to reduce crime, nuisance activity, and disruptive activity in and around El Dos De Oro. BACKGROUND FOR AGREEMENT El Dos De Oro applied for a liquor license from the Washington State Liquor Control Board ( "WSLCB ") specifically to sell liquor by the drink, beer, and wine at retail, for consumption on the licensed premises, pursuant to RCW 66.24.600 entitled "Nightclub license ", at the above listed location at 5 Ranch Rite Road, Yakima, WA 98901. El Dos De Oro is located in a large facility with a maximum occupancy limit of 1,907 people. El Dos De Oro intends to operate a nightclub with a `smaller restaurant area contained within the nightclub, and an area for bands. El Dos De Oro currently plans to operate approximately four to five nights a week from approximately 6:00 p.m. to 2:00 a.m. The latest closing time of. the business will be 2:00 a.m. El Dos De Oro reserves the right to operate in the future additional days per week and /or open earlier. El Dos De Oro is aware that local business owners and community residents, the City of Yakima and the Yakima Police Department ( "YPD ") have concerns of potential noise, crowd disturbances, and other alcohol - related problems in the immediate vicinity of El Dos De Oro. RCW 66.24.600 entitled "Nightclub license" provides: "(5) Local governments may petition the board to request that further restrictions be imposed on a spirits, beer, and wine nightclub license in the interest of public safety. Examples of further restrictions a local government may request are: No minors allowed on the entire premises, submitting a security plan, or signing a good neighbor agreement with the local government." The City of Yakima has the ability and opportunity to file an objection to the assumption of the liquor license by the owners of El Dos De Oro, since such service is likely to negatively impact public safety, security or quiet enjoyment of the surrounding community. Based on such community concern, El Dos De Oro agrees to be a good neighbor by operating its business in a manner that will help to improve public safety, security, quiet enjoyment in the surrounding community, and to alleviate concerns of the community. In return for the Community Good Neighbor Agreement of El Dos De Oro, which was- executed on or about August 16, 2010, the City of Yakima agreed to the licensee's request of a liquor license. Since El Dos De Oro began operating its business on or about October 18, 2010, El Dos De Oro has requested that Paragraph 15 of the Community Good Neighbor Agreement be amended to allow minors in certain areas of the licensed premises, rather than to exclude First Amended Community Good Neighbor Agreement Between El Dos De Oro and the City of Yakima - 1 minors from the entire premises. Paragraph 15 of this First Amended Good Neighbor Agreement is hereby amended to reflect the wording of RCW 66.24.600(3), which states: "Minors may be allowed on the licensed premises but only in areas where alcohol is not served or consumed." If granted the assumption of the liquor license, El Dos De Oro agrees to the following: TERMS OF AGREEMENT Ell Dos De Oro will implement measures for its business and premises as follows: El Dos De Oro will comply with all regulations of the WSLCB, including the manner of sale and service of alcoholic drinks. Alcohol will be sold only from WSLCB approved containers. All alcohol will be served from behind the bar area. 2. Ell Dos De Oro will not sell any alcohol prior to 9:00 a.m. 3. No bonus or salary increase will be paid to anyone based upon the sale of alcohol. 4. Ell Dos De Oro will refuse to admit anyone appearing to be under the influence of alcohol or drugs and will not serve alcohol to anyone appearing to already be under the influence of alcohol or any drug. 5. Ell Dos De Oro will require all employees who sell and /or serve alcohol to attend initial Mandatory Alcohol Server Training ( "MAST ") that is conducted by private firms approved by the Washington State Liquor Control Board, as well as receive ongoing MAST training. Security personnel, managers, and all other employees of El Dos De Oro will receive the initial MAST training within 30 days of their employment. El Dos De Oro will have a minimum of one mandatory training every year for all employees who sell and /or serve liquor from the Washington State Liquor Control Board. 6. Phone numbers of taxi services will be made readily available through table cards, signs, and from employees. All employees will offer to call for taxi service for those persons who may be under the influence. 7. Ell Dos De Oro will use security lighting to fully illuminate the parking lot for the building, and will turn on this lighting between dusk and 2:30 a.m. every operating night. Ell Dos De Oro understands that on all its operating nights, the entire parking lot for the building must be fully illuminated when it is dusk or dark. Ell Dos De Oro agrees to place additional overhead lighting and illumination so that the center area of the parking lot is fully illuminated. 8. El Dos De Oro shall implement security measures for its business and premises as follows: a. Ell Dos De Oro shall employ adequately trained security personnel in sufficient numbers to patrol and maintain order among patrons within the establishment and in the parking lot. The number of such security personnel shall be determined by the First Amended Community Good Neighbor Agreement Between El Dos De Oro and the City of Yakima - 2 anticipated size of the crowd and prior experience with similar events. Such personnel will actively work to clear the parking lot as soon as business is closed. b. El Dos De Oro shall have at least 15 security personnel working on a regular basis and at least 30 security personnel working when an event is anticipated to fill. the facility at or near maximum occupancy limit. c. After opening, El Dos De Oro shall have one or more security personnel stationed at all entrances where patrons enter. d. No one other than El Dos De Oro security personnel shall check for proper identification when entering the establishment. Persons checking identification shall be properly trained in recognizing legal forms of identification as well as detecting false identification. e. All security personnel will wear clothing that conspicuously identifies them as security personnel, such as clothing displaying the words "SECURITY ", "STAFF" in large contrasting letters, or clearly identifying business designation. f. All security personnel shall carry a high -beam flashlight. g. All security personnel shall carry a two -way radio capable of communicating with other security staff. h. Security personnel shall not fraternize with patrons except as necessary to maintain crowd control and perform security duties. i. Security personnel will monitor the parking lot for El Dos De Oro while El Dos De Oro is open for illegal activity and to ensure the safety and security of the parking lot. Security personnel will remain at the premises until at least one half hour after closing or until the parking lot has been cleared, whichever is latest. In addition, security personnel will actively work to clear the parking lot as soon as the business is closed. k. El Dos De Oro will have all security personnel attend security training. All observed or suspected criminal activity shall be immediately reported to 911 and security shall make themselves available to officers and shall be made available to testify in criminal cases if necessary. m. El Dos De Oro will post a code of conduct clearly visible to patrons. Such posting shall clearly state the expectations of persons entering the business. The posting must include a statement that no criminal or disorderly conduct will be tolerated and that police will be notified in all instances of illegal activity. The posting will also state that persons engaging in disorderly conduct will be trespassed from the premises. n. Pursuant to RCW 66.24.600(5), in the interest of public safety, El Dos De Oro will submit a written safety and security plan prior to opening for business. El Dos De Oro understands and agrees that its written security plan may need to be updated First Amended Community Good Neighbor Agreement Between El Dos De Oro and the City of Yakima - 3 and /or revised in the future as circumstances and experiences in operating the business warrant. o. Upon request by a party, the parties will agree to meet to discuss implementing additional security considerations. 9. Ell Dos De Oro will trespass from the premises anyone suspected of /or exhibiting signs of illegal activity, any person entering or attempting to enter the premises with any weapon, any person who refuses to cooperate with security, management, or employees, any person causing a disturbance, and any person presenting or facilitating the presentation of false identification. Proper identification will be requested in the normal course of business. No person having previously received a trespass admonishment will be allowed back on the premises. El Dos De Oro will keep a written log of people trespassed from its business, including but not limited to the following information: (1) when possible, the name of the person being trespassed; (2) the date and time the person was trespassed; (3) the length of the trespass (i.e., whether permanently or for a specific period of time); and (4) who communicated the trespass to the person that they were being trespassed, and what they said to the person, including in regard to the length of the person's trespass. When possible, the person being trespassed will be given written notice of the trespass. Ell Dos De Oro employees will be trained to. use, the list to exclude from the premises, persons who have been previously trespassed. 10. El Dos De Oro will not sell bandanas, airbrushed t- shirts, items with drug or drug paraphernalia logos or designs, and other gang paraphernalia. Ell Dos De Oro agrees to cease sales of gang paraphernalia immediately upon notification and request by the Yakima Police department. 11. Ell Dos De Oro acknowledges that the Yakima Police Department is not responsible for providing security for private businesses. 12. Ell Dos De Oro agrees to maintain open lines of communication and cooperation with YPD and will immediately notify YPD of any observed, known, or suspected criminal activity. Ell Dos De Oro will cooperate in any investigation by YPD regarding criminal activity in and around the premises. 13. El Dos De Oro agrees to work together with the community on crime prevention and reduction efforts. Ell Dos De Oro's owners and /or management will be available to meet with representatives of the City of Yakima and community members as may be necessary and upon request, to discuss concerns of the neighborhood and the City regarding security, crowd control, criminal activity, and other issues which may impact the public safety and welfare of the community. Requests for meetings may be made directly to El Dos De Oro by neighborhood groups and representatives, or members of the neighborhood may request the City of Yakima to address neighborhood concerns with El Dos De Oro. The City of Yakima may also, at its own initiative, address concerns to El Dos De Oro. A representative of Ell Dos De Oro will make reasonable efforts to attend regularly scheduled meetings of the Yakima Community. Ell Dos De Oro will provide contact numbers to the community to allow members to reach Ell Dos De Oro personnel to discuss issues of immediate concern. First Amended Community Good Neighbor Agreement Between El Dos De Oro and the City of Yakima - 4 14. El Dos De Oro will comply with occupancy limits in all areas of its facility. The occupancy limits will be posted in the facility. 15. Pursuant to RCW 66.24.600(3), minors may be allowed on the licensed premises but only in areas where alcohol is not served or consumed. Minors are defined as persons under the age of 21 years. 16. El Dos De Oro will encourage patrons to act in such a manner so as not to unreasonably disturb neighboring tenants, businesses, or community members. 17. El Dos De Oro will require that all sound amplification equipment be operated in a manner so that El Dos De Oro is not in violation of the City's noise control ordinance. El Dos De Oro will maintain ultimate control over all sound amplification used on its premises. El Dos De Oro agrees to not violate Yakima Municipal Code 6.04.180, entitled "Public Disturbance Noise ", or as the YMC provisions on noise may be amended in the future. El Dos De Oro does not plan to play live or amplified music on the exterior the premises. 18. El Dos De Oro will provide regular and routine maintenance to the exterior of the premises including window cleaning, keeping shrubbery manicured, cleaning the sidewalk in front of the store, and keeping the building painted. El Dos De Oro will immediately remove any graffiti and repair any vandalism damage to the premises. El Dos De Oro will provide regular and routine maintenance to the interior of the premises, doors, and windows. 19. El Dos De Oro will use its best efforts to monitor the parking lot immediately surrounding the premises and remove all trash and garbage on a regular basis, including immediately after the close of business. 20. El Dos De Oro will keep all windows clear and unobstructed. This is to ensure visibility into and out of the building. 21. The parties acknowledges that the City or community may request the WSLCB to consider compliance or non - compliance with this agreement in making any decision on renewal of liquor license, and that the City or community may address issues of public safety concerns to" the WSLCB regarding El Dos De Oro's liquor license regardless of whether such concerns are or are not addressed by this agreement. 22. El Dos De Oro acknowledges that compliance with this agreement does not, by itself, constitute fulfillment of El Dos De Oro's responsibility to be a good neighbor and to comply with all state and local laws. El Dos De Oro acknowledges that the City's recommendation regarding future renewals of its liquor license is contingent upon, but not guaranteed upon full compliance with this agreement. 23. El Dos De Oro will require all employees, and all persons and promoters who hold events at El Dos De Oro to adhere to this agreement. 24. El Dos De Oro agrees that, in the event of a transfer of ownership or assumption of its liquor license, the terms of this agreement will be incorporated into any agreement transferring an interest in El Dos De Oro to another party. El Dos De Oro agrees to notify the City upon such transfer. First Amended Community Good Neighbor Agreement Between El Dos De Oro and the City of Yakima - 5 25. El Dos De Oro acknowledges that it has had the full opportunity to seek legal counsel regarding the terms of this agreement, has made its own decisions on whether or not to consult with legal counsel, enters into this agreement voluntarily and freely, and understands the terms of this agreement. 26. Ell Dos De Oro agrees that this is an enforceable agreement and constitutes a condition of its keeping the license, and that if any of the foregoing conditions are alleged to have been violated, upon notice from the City, Ell Dos De Oro agrees to immediately cease the sale of alcohol. El Dos De Oro may only resume the sale of alcohol after having submitted an action plan to the City, designed to ensure the violation does not reoccur. Upon acceptance and agreement that the action plan will adequately address the violation, the City will then provide written notice of such, at which time alcohol service may resume under the terms of this agreement. This agreement may be enforced by injunction, damages, or other equitable relief. 27. Miscellaneous Provisions: a. The term "trespass" as used herein means to remove and exclude a person or persons from the premises and prohibit from returning. b. Should any provision in this Agreement be declared or determined to be illegal or invalid, the validity of the remaining parts, terms, or provisions will not be affected thereby, and the illegal or invalid part, term, or provision will be deemed not to be part of this Agreement, . and all remaining provisions will remain valid and enforceable. c. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements and understandings between the parties pertaining to the subject matter of this Agreement. In entering into this Agreement, the parties are not relying on promises or representations of any sort except those set forth in writing herein. d. The parties may execute this Agreement in one or more counterparts. All counterparts will be construed together and will constitute one agreement. Fax or photocopies will be considered the same as originals. e. The laws of the State of Washington will govern this Agreement. The venue will be Yakima County. f. Time is of the essence to this Agreement. g. Each person and /or business signing this agreement on behalf of Ell Dos De Oro acknowledges that they have the authority and capacity to enter into this agreement for, and on behalf of, El Dos De Oro. h. Ell Dos De Oro and the City of Yakima each acknowledge that it has had the opportunity to seek legal counsel regarding the terms of this agreement and enters into this agreement voluntarily. First Amended Community Good Neighbor Agreement Between El Dos De Oro and the City of Yakima - 6 i.. The parties agree that this agreement may be altered, modified, or amended any time after written agreement. Any alteration, modification or amendment of this First Amended Community Good Neighbor Agreement must be in writing and signed by the parties. The original or a copy of this First Amended Community Good Neighbor Agreement shall be filed in the City of Yakima Clerk's Office. The City of Yakima will send a copy of this First Amended Community Agreement to the Yakima Police Department, Attention: Interim Police Chief Greg Copeland; to the Washington State Liquor Control Board; and will file a copy with the Yakima County Auditor. CITY OF YAKIMA By V- R.A. Zais, k, City Manager Date: 's ATTEST: By Yakima Police Department Date: 3//411 First Amended Community Good Neighbor Agreement Between El Dos De Oro and the City of Yakima - 7 EL DOS DE ORO By,N"" Brambila Ramos. Inc.. caner Date: °7 —(( By Vilma Cecilia Brambila, Owner Date: "J, I COMMUNITY GOOD NEIGHBOR AGREEMENT EL DOS DE ORO THIS COMMUNITY GOOD NEIGHBORHOOD AGREEMENT ( "Agreement ") is entered into between El Dos De Oro, located at 5 Ranch Rite Road, Yakima, WA 98901, and the City of Yakima, a municipal corporation ( "City "), and the Yakima community ( "community ") for the purpose of fostering improved public safety and to augment efforts by the City and the community to reduce crime, nuisance activity, and disruptive activity in and around El Dos De Oro. BACKGROUND FOR AGREEMENT El Dos De Oro has applied for a liquor license from the Washington State Liquor Control Board ( "WSLCB ") specifically to sell liquor by the drink, beer, and wine at retail, for consumption on the licensed premises, pursuant to RCW 66.24.600 entitled "Nightclub license ", at the above listed location at 5 Ranch Rite Road, Yakima, WA 98901. El Dos De Oro is located in a large facility with a maximum occupancy limit of 1,907 people. El Dos De Oro intends to operate a nightclub with a smaller restaurant area contained within the nightclub, and an area for bands. El Dos De Oro currently plans to operate approximately four to five nights a week from approximately 6:00 p.m. to 2:00 a.m. The latest closing time of the business will be 2:00 a.m. El Dos De Oro reserves the right to operate in the future additional days per week and /or open earlier. El Dos De Oro is aware that local business owners and community residents, the City of Yakima and the Yakima Police Department ( "YPD ") have concerns of potential noise, crowd disturbances, and other alcohol - related problems in the immediate vicinity of El Dos De Oro. RCW 66.24.600 entitled "Nightclub license" provides: "(5) Local governments may petition the board to request that further restrictions be imposed on a spirits, beer, and wine nightclub license in the interest of public safety. Examples of further restrictions a local government may request are: No minors allowed on the entire premises, submitting a.security plan, or signing a good neighbor agreement with the local government." The City of Yakima has the ability and opportunity to file an objection to the assumption of the liquor license by the owners of El Dos De Oro, since such service is likely to negatively impact public safety, security or quiet enjoyment of the surrounding community. Based on such community concern, El Dos De Oro agrees to be a good neighbor by operating its business in a manner that will help to improve public safety, security, quiet enjoyment in the surrounding community, and to alleviate concerns of the community. In return for the agreement of El Dos De Oro, the City of Yakima will agree to the licensee's request of a liquor license. If granted the assumption of the liquor license, El Dos De Oro agrees to the following: Community Good Neighbor Agreement between El Dos De Oro and the City of Yakima - 1 TERMS OF AGREEMENT El Dos De Oro will implement measures for its business and premises as follows: El Dos De Oro will comply with all regulations of the WSLCB, including the manner of sale and service of alcoholic drinks. Alcohol will be sold only from WSLCB approved containers. All alcohol will be served from behind the bar area. 2. El Dos De Oro will not sell any alcohol prior to 9:00 a.m. 3. No bonus or salary increase will be paid to anyone based upon the sale of alcohol. 4. El Dos De Oro will refuse to admit anyone appearing to be under the influence of alcohol or drugs and will not serve alcohol to anyone appearing to already be under the influence of alcohol or any drug. 5. El Dos De Oro will require all employees who sell and /or serve alcohol to attend initial Mandatory Alcohol Server Training ( "MAST ") that is conducted by private firms approved by the Washington State Liquor Control Board, as well as receive ongoing MAST training. Security personnel, managers, and all other employees of El Dos De Oro will receive the initial MAST training within 30 days of their employment. El Dos De Oro will have a minimum of one mandatory training every year for all employees who sell and /or serve liquor from the Washington State Liquor Control Board. Phone numbers of taxi services will be made readily available through table cards, signs, and from employees. All employees will offer to call for taxi service for those persons who may be under the influence. 7. El Dos De Oro will use security lighting to fully illuminate the parking lot for the building, and will turn on this lighting between dusk and 2:30 a.m. every operating night. El Dos De Oro understands that on all its operating nights, the entire parking lot for the building must be fully illuminated when it is dusk or dark. El Dos De Oro agrees to place additional overhead lighting and illumination so that the center area of the parking lot is fully illuminated. El Dos De Oro shall implement security measures for its business and premises as follows: a. El Dos De Oro shall employ adequately trained security personnel in sufficient numbers to patrol and maintain order among patrons within the establishment and in the parking lot. The number of such security personnel shall be determined by the anticipated size of the crowd and prior experience with similar events. Such personnel will actively work to clear the parking lot as soon as business is closed. b. El Dos De Oro shall have at least 15 security personnel working on a regular basis and at least 30 security personnel working when an event is anticipated to fill the facility at or near maximum occupancy limit. c. After opening, El Dos De Oro shall have one or more security personnel stationed at all entrances where patrons enter. Community Good Neighbor Agreement between El Dos De Oro and the City of Yakima - 2 d. No one other than El Dos De Oro security personnel shall check for proper identification when entering the establishment. Persons checking identification shall be properly trained in recognizing legal forms of identification as well as detecting false identification. e. All security personnel will wear clothing that conspicuously identifies them as security personnel, such as clothing displaying the words "SECURITY ", "STAFF" in large contrasting letters, or clearly identifying business designation. f. All security personnel shall carry a high -beam flashlight. g. All security personnel shall carry a two -way radio capable of communicating with other security staff. h. Security personnel shall not fraternize with patrons except as necessary to maintain crowd control and perform security duties. Security personnel will monitor the parking lot for Ell Dos De Oro while El Dos De Oro is open for illegal activity and to ensure the safety and security of the parking lot. Security personnel will remain at the premises until at least one half hour after closing or until the parking lot has been cleared, whichever is latest. In addition, security personnel will actively work to clear the parking lot as soon as the business is closed. k. El Dos De Oro will have all security personnel attend security training. All observed or suspected criminal activity shall be immediately reported to 911 and security shall make themselves available to officers and shall be made available to testify in criminal cases if necessary. m. El Dos De Oro will post a code of conduct clearly visible to patrons. Such posting shall clearly state the expectations of persons entering the business. The posting must include a statement that no criminal or disorderly conduct will be tolerated and that police will be notified in all instances of illegal activity. The posting will also state that persons engaging in disorderly conduct will be trespassed from the premises. n. Pursuant to RCW 66.24.600(5), in the interest of public safety, El Dos De Oro will submit a written safety and security plan prior to opening for business. El Dos De Oro understands and agrees that its written security plan may need to be updated and /or revised in the future as circumstances and experiences in operating the business warrant. o. Upon request by a party, the parties will agree to meet to discuss implementing additional security considerations. 9. El Dos De Oro will trespass from the premises anyone suspected of /or exhibiting signs of illegal activity, any person entering or attempting to enter the premises with any weapon, any person who refuses to cooperate with security, management, or employees, any person causing a disturbance, and any person presenting or facilitating the presentation of false identification. Proper identification will be requested in the Community Good Neighbor Agreement between El Dos De Oro and the City of Yakima - 3 normal course of business. No person having previously received a trespass admonishment will be allowed back on the premises. El Dos De Oro will keep a written log of people trespassed from its business, including but not limited to the following information: (1) when possible, the name of the person being trespassed; (2) the date and time the person was trespassed; (3) the length of the trespass (i.e., whether permanently or for a specific period of time); and (4) who communicated the trespass to the person that they were being trespassed, and what they said to the person, including in regard to the length of the person's trespass. When possible, the person being trespassed will be given written notice of the trespass. El Dos De Oro employees will be trained to use the list to exclude from the premises, persons who have been previously trespassed. 10. El Dos De Oro will not sell bandanas, airbrushed t- shirts, items with drug or drug paraphernalia logos or designs, and other gang paraphernalia. El Dos De Oro agrees to cease sales of gang paraphernalia immediately upon notification and request by the Yakima Police department. 11. El Dos De Oro acknowledges that the Yakima Police Department is not responsible for providing security for private businesses. 12. El Dos De Oro agrees to maintain open lines of communication and cooperation with YPD and will immediately notify YPD of any observed, known, or suspected criminal activity. El Dos De Oro will cooperate in any investigation by YPD regarding criminal activity in and around the premises. 13. El Dos De Oro agrees to work together with the community on crime prevention and reduction efforts. El Dos De Oro's owners and /or management will be available to meet with representatives of the City of Yakima and community members as may be necessary and upon request, to discuss concerns of the neighborhood and the City regarding security, crowd control, criminal activity, and other issues which may impact the public safety and welfare of the community. Requests for meetings may be made directly to El Dos De Oro by neighborhood groups and representatives, or members of the neighborhood may request the City of Yakima to address neighborhood concerns with El Dos De Oro. The City of Yakima may also, at its own initiative, address concerns to El Dos De Oro. A representative of El Dos De Oro will make reasonable efforts to attend regularly scheduled meetings of the Yakima Community. El Dos De Oro will provide contact numbers to the community to allow members to reach El Dos De Oro personnel to discuss issues of immediate concern. 14. El Dos De Oro will comply with occupancy limits in all areas of its facility. The occupancy limits will be posted in the facility. 15. Pursuant to RCW 66.24.600(5), no minors will be allowed on the entire premises. Minors are defined as persons under the age of 21 years. 16. El Dos De Oro will encourage patrons to act in such a manner so as not to unreasonably disturb neighboring tenants, businesses, or community members. 17. El Dos De Oro will require that all sound amplification equipment be operated in a manner so that El Dos De Oro is not in violation of the City's noise control ordinance. El Dos De Oro will maintain ultimate control over all sound amplification used on its Community Good Neighbor Agreement between El Dos De Oro and the City of Yakima - 4 premises. El Dos De Oro agrees to not violate Yakima Municipal Code 6.04.180, entitled "Public Disturbance Noise ", or as the YMC provisions on noise may be amended in the future. El Dos De Oro does not plan to play live or amplified music on the exterior the premises. 18. El Dos De Oro will provide regular and routine maintenance to the exterior of the premises including window cleaning, keeping shrubbery manicured, cleaning the sidewalk in front of the store, and keeping the building painted. El Dos De Oro will immediately remove any graffiti and repair any vandalism damage to the premises. El Dos De Oro will provide regular and routine maintenance to the interior of the premises, doors, and windows. 19. El Dos De Oro will use its best efforts to monitor the parking lot immediately surrounding the premises and remove all trash and garbage on a regular basis, including immediately after the close of business. 20. El Dos De Oro will keep all windows clear and unobstructed. This is to ensure visibility into and out of the building. 21. The parties acknowledges that the City or community may request the WSLCB to consider compliance or non - compliance with this agreement in making any decision on renewal of liquor license, and that the City or community may address issues of public safety concerns to the WSLCB regarding El Dos De Oro's liquor license regardless of whether such concerns are or are not addressed by this agreement. 22. El Dos De Oro acknowledges that compliance with this agreement does not, by itself, constitute fulfillment of El Dos De Oro's responsibility to be a good neighbor and to comply with all state and local laws. El Dos De Oro acknowledges that the City's recommendation regarding future renewals of its liquor license is contingent upon, but not guaranteed upon full compliance with this agreement. 23. El Dos De Oro will require all employees, and all persons and promoters who hold events at El Dos De Oro to adhere to this agreement. 24. El Dos De Oro agrees that, in the event of a transfer of ownership or assumption of its liquor license, the terms of this agreement will be incorporated into any agreement transferring an interest in El Dos De Oro to another party. El Dos De Oro agrees to notify the City upon such transfer. 25. El Dos De Oro acknowledges that it has had the full opportunity to seek legal counsel regarding the terms of this agreement, has made its own decisions on whether or not to consult with legal counsel, enters into this agreement voluntarily and freely, and understands the terms of this agreement. 26. El Dos De Oro agrees that this is an enforceable agreement and constitutes a condition of its keeping the license, and that if any of the foregoing conditions are alleged to have been violated, upon notice from the City, El Dos De Oro agrees to immediately cease the sale of alcohol. El Dos De Oro may only resume the sale of alcohol after having submitted an action plan to the City, designed to ensure the violation does not reoccur. Upon acceptance and agreement that the action plan will adequately address the violation, the City will then provide written notice of such, at which time alcohol service Community Good Neighbor Agreement between El Dos De Oro and the City of Yakima - 5 may resume under the terms of this agreement. This agreement may be enforced by injunction, damages, or other equitable relief. 27. The parties agree that this agreement may be altered, modified, or amended anytime after written agreement. a. Miscellaneous. The term "trespass" as used herein means to remove and exclude a person or persons from the premises and prohibit from returning. b. Should any provision in this Agreement be declared or determined to be illegal or invalid, the validity of the remaining parts, terms, or provisions will not be affected thereby, and the illegal or invalid part, term, or provision will be deemed not to be part of this Agreement, and all remaining provisions will remain valid and enforceable. c. This Agreement sets forth the entire agreement between the parties and fully supersedes any and all prior agreements and understandings between the parties pertaining to the subject matter of this Agreement. In entering into this Agreement, the parties are not relying on promises or representations of any sort except those set forth in writing herein. d. The parties may execute this Agreement in one or more counterparts. All counterparts will be construed together and will constitute one agreement. Fax or photocopies will be considered the same as originals. e. The laws of the State of Washington will govern this Agreement. The venue will be Yakima County. f. Time is of the essence to this Agreement. g. Each person and /or business signing this agreement on behalf of El Dos De Oro acknowledges that they have the authority and capacity to enter into this agreement for, and on behalf of, El Dos De Oro. h. El Dos De Oro and the City of Yakima each acknowledge that it has had the opportunity to seek legal counsel regarding the terms of this agreement and enters into this agreement voluntarily. A copy of this Agreement shall be filed with the Yakima County Auditor pursuant to RCW 39.34.040. CITY OF YAKIMA By R.A. Zais, Jr., Cly Manager Date: �5 Community Good Neighbor Agreement between El Dos De Oro and the City of Yakima - 6 EL DOS DE ORO By Brambila Ramos, Inc., Owner o Date: ATTEST: Deborah Kloster, -Dam uranaio, unler or nonce Yakima Police Department Date: , l ,/ "o; 2a/d CITY CONTRAC r N0 RESOLUTION NO: Community Good Neighbor Agreement between El Dos De Oro and the City of Yakima - 7 By I �"` "bl Y� Vilma Cecilia Brambila, Owner Date: / � 12600