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HomeMy WebLinkAboutR-2012-079 Surplus 5.72-acre Parcel Located in Terrace Heights Yakima, WA RESOLUTION NO. R- 2012 -79 A RESOLUTION declaring surplus a 5 72 -acre parcel owned by the City of Yakima, located in Terrace Heights Yakima, Washington, and authorizing disposal of said surplus property. WHEREAS, the City of Yakima owns a parcel of land 5.72 acres in size, being Yakima County Assessor's Parcel No.191315- 42009, located in Terrace Heights, Yakima, Washington, and WHEREAS, the subject property is currently unimproved and has an assessed value of $59,950, and WHEREAS, such parcel is surplus to the uses and needs of the City of Yakima with no immediate or foreseeable use by the city; and WHEREAS, the City Council has held on June 19, 2012 a public hearing pursuant to notice, to receive public comment and testimony regarding the proposed action herein, and has considered all evidence and testimony presented, and WHEREAS, the City Council finds that it would be in the best interest of the City to declare such property surplus and authorize disposal of said property in accordance with law, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby declares the aforementioned property to be surplus to the uses and needs of the City of Yakima, and the City Manager is hereby authorized and directed to dispose of said property in accordance with law and in a manner beneficial to the City of Yakima ADOPTED BY THE CITY COUNCIL this 19 day of June 2012. Micah Cawley, ayor T LICI & 1 ' ! ` "sir:. So ItiClaar Tee, Cf'y G1e k" , ~` .x _ • ON' PROFESSIONAL REAL ESTATE BROKER SERVICES AGREEMENT THIS PROFESSIONAL REAL ESTATE BROKER SERVICES AGREEMENT (hereinafter "Agreement ") is made and entered Into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City "), and Almon Commercial Real Estate ("Broker), a company licensed to do business in Washington WHEREAS, the City of Yakima desires to engage the Broker to perform professional real estate services for the disposition of City property identified as being approximately 5.72 acres of R -1 zoned land on Maple Way being commonly known as Yakima County Assessor's Parcel Number 191315 - 42009; and WHEREAS, the Broker has the experience and expertise necessary to provide said independent real estate services and is willing to provide such services in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and the Broker as follows: 1 Scope of Services. The Broiler shall provide commercial real estate services to the City, it being understood Broker shall engage a residential commercial brokerage to work under Broker as a sub - broker. 2 Term. The term of this Agreement shall commence upon execution hereof and shall continue for one year, with renewal by the City Manager annually for a period of up to five years total, unless terminated sooner by either party In accordance with Sectionl8. 3. Consideration. If (1) Broker procures a buyer on the terms of this Agreement, or on other terms acceptable to Owner; (2) Owner sells the property directly or indirectly or through any person or entity other than Broker during the term hereof; or (3) Owner shall, within six months after the expiration of this Agreement, sell said property to any person to whose attention the property was brought through the signs, advertising or other action of Broker, or on information secured directly or indirectly from or through Broker during the term of this Agreement; Owner will pay Broker a commission of seven percent (7 %) of the purchase price as compensation for Broker's service, at t4 time of closing, or upon the occurrence of any action provided for in this Section. It is agreed that the term of this Listing Agreement shall be deemed to continue co- extensive with the actual or contracted closing date, whichever is later, of any pending transaction entered into in conjunction with the Agreement. Page 1 of 6 Real Estate Broker Professional Services Agreement Disposition of City Property 4. Information Provided by the City. The Broker shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to • use reasonable efforts to provide data and information specifically requested by the Broker. 5 Status of Broker. The Broker and the City understand and expressly agree that the Broker is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and /or agent of Broker shall act on behalf of or represent him or herself as an agent or representative of the City The Broker, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Broker expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Broker and its officers, employees, volunteers, agents and /or subcontractors shall not make any claim of City employment nor shall make any claim against the City for any related employment benefits, social security and /or retirement benefits Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Broker and the City 6 Inspection and Audit. The Broker shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and /or the Washington State Auditor at all reasonable times, and the Broker shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and /or the Washington State Auditor where necessary to conduct or document an audit. The Broker shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. 7 Taxes and Assessments. The Broker shall be solely responsible for compensating his employees, agents and /or subcontractors and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Broker shall pay the same before it becomes due 8. Nondiscrimination Provision. During the performance of this Agreement, the Broker shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap This provision shall Include but not be limited to the following• employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training and the provision of services under this Agreement. 9. The Americans with Disabilities Act. The Broker shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 121.01 et seq (ADA) and its implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its Page 2 of 6 Real Estate Broker Professional Services Agreement Disposition of City Property implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 10 Compliance with law. The Broker agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 11 No Conflict of Interest. Broker covenants that neither he nor his employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Broker further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 12 No Insurance. It is understood the City does not maintain liability insurance for the Broker and its officers, directors, employees and agents 13 Indemnification a. The Broker agrees to hold harmless, indemnify and defend the City, Its elected officials, officers, employees and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Broker, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non - performance of this Agreement. b In the event that both the Broker and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) c The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Broker's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the Broker's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party e This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 14 Insurance Provided by Broker. a. Professional Liability Insurance. On or before the elate this Agreement is fully executed by the parties, the Broker shall provide the City with a certificate of insurance as Page 3 of 6 Real Estate Broker Professional Services Agreement Disposition of Oily Properly l evidence of professional liability coverage with a limit of at least One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million Dollars ($2,000,000.00).. The certificate shall clearly state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. The insurance shall be with an insurance company rated "A" or higher in Best's Guide If the policy is on a claims made basis, the retroactive elate of the insurance policy shall be on or before the date this contract is executed by both parties hereto, or shall provide full prior acts coverage. The insurance coverage shall remain in effect during the term of this Agreement and for a minimum of three (3) years following the termination of this Agreement. b Commercial Liability Insurance. On or before the elate this Agreement is fully executed by the parties, the Broker shall provide the City with a certificate of insurance as proof of commercial liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage The certificate shall clearly state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, and employees as additional insurers and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar clays prior written notice The insurance shall be with an insurance company or companies rated "A" or higher in Best's Guide and admitted in the State of Washington c Commercial Automobile Liability Insurance On or before the date this Agreement is fully executed by the parties, the Broker shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds and shall contain a clause that the Insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or companies rated "A" or higher in Best's Guide and admitted in the State of Washington d. Insurance Provided by Subcontractors. The Broker shall ensure that all subcontractors it utilizes for work /services required under this Agreement shall comply with all of the above insurance requirements 15. Delegation of Professional Services. The services provided for herein shall be performed by the Broker and sub -broke and no person other than regular associates or employees of the Broker shall be engaged upon such work or services except upon written approval of the City. 16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Broker to any other person or entity without the prior written consent of the City In the event that such prior written consent to an Page 4 of 6 Real Estate Broker Professional Services Agreement Disposition of City Property assignment is granted, then the assignee shall assume all duties, obligations and liabilities of the Broker stated herein 17. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 18. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other party with written notice of termination sixty (60) calendar days prior to the termination date 19. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: City Manager City of Yakima 129 North Second Street Yakima WA 98901 TO BROKER. Bill Almon, Jr Almon Commercial Real Estate 218 E "A" Street Yakima, WA 98901 Phone. (509) 966 -3800 or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands 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 above 21. Third Parties The City and the Broker are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or Page 5 of 6 Real Estate Broker Professional Services Agreement Disposition of City Property shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons 22 Drafting of Agreement. Both the City and the Broker have participated in the drafting of this Agreement. As such, it i s agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and /or action in which this Agreement and its terms and conditions are Interpreted and /or enforced. 23. Integration. This written document constitutes the entire Agreement between the City and the Broker There are no other oral or written agreements between the parties as to the subjects covered herein No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 24. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington 26. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF Y; IMA 411P ALMON COMMERCIAL REAL ESTATE By By • Bill Almon, Jr • Date I r a tt Date a / (z . fr• • " , ac oc ' t+ ; , ATTEST: % : ' ] ATTEST: • City Jerk � �� � > ' � • t(;-)1 City contract No XI?. 9÷ Date City Resolution No kd01a —� Page 6 of 6 Real Estate Broker Professional Services Agreement Disposition of City Property I. r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: June 19, 2012 ITEM TITLE: Public Hearing and Resolution declaring surplus a 5.72- ' acre parcel owned by the City of Yakima, located in Terrace Heights Yakima, Washington, and authorizing disposal of said surplus property SUBMITTED BY: Joan Davenport, Acting CED Director David Brown, Water /Irrigation Manager CONTACT David Brown, Water /Irrigation Manager - 575 -6204 PERSON /TELEPHONE: SUMMARY EXPLANATION: The City of Yakima owns parcel 191315 -42009 located in Yakima County in Terrace Heights that is excess to the needs of the City of Yakima. The parcel is unimproved and 5.72 acres in size. The current assessed value is $59,950. During the 1990's the city was contemplating taking over some of the falling drinking water systems in the Terrace Height area. As part of that plan the Water /Irrigation Division originally bought the property as a proposed drinking water storage reservoir site. However Yakima County has taken over these water systems and the property has no other usefulness. Council approval is requested to declare this property surplus and to authorize the City Manager to dispose of this building in a manner most beneficial to the City of Yakima to include auction /sale or by a means deemed appropriate by the City Manager. Under the terms and conditions of the Yakima City Charter, City officials and employees are prohibited from participating in surplus auctions directly or otherwise as a buyer or buyer's agent. Resolution X Ordinance Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Phone: Funding Source: APPROVED FOR City Manager SUBMITTAL: / City STAFF RECOMMENDATION: Staff respectfully requests that Council adopt Resolution declaring said property surplus, and authorizing disposal in a manner which best benefits the City. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution