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