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09/04/2012 04I J. M. Perry Soccer Complex Lease Agreement Amendment BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Cl Item No. L For Meeting of: September 4, 2012 ITEM TITLE: Resolution approving Amendment of Soccer Complex Lease Agreement between the City of Yakima and the Harriet I. Perry Trust (J.M. Perry) SUBMITTED BY: Chris Waarvick, Director of Public Works Ken Wilkinson, Parks and Recreation Manager CONTACT Ken Wilkinson, Parks and Recreation Manager, 576 -6416 PERSON /TELEPHONE: SUMMARY EXPLANATION: On December 21, 1993, the City of Yakima and the Harriet I. Perry Trust entered into a Lease Agreement for development and use of certain J.M. Perry property as a soccer complex for the benefit of the public, and maintained by the Parks and Recreation Division. The Lease Agreement has been renewed over the years and the current term is set to expire December 21, 2013. J.M. Perry has recently completed construction of a new parking lot adjacent to the soccer fields. The City and J.M. Perry have negotiated an Amendment to the Lease Agreement incorporating the use of the new parking lot to facilitate recreational use of the soccer complex, and to clarify existing terms regarding maintenance, insurance and use. The Yakima Youth Soccer Association has also been involved with the negotiation of the Amendment and has agreed to participate in the cost of providing landscaping and irrigation infrastructure for the new parking lot. The proposed amendment does not change the December 21, 2013 expiration date of the Lease Agreement, and the parties will continue to meet during upcoming months to discuss terms of a new Lease Agreement. Resolution X Ordinance Other (specify) Contract: X Mail to: Contract Term: December Amount: Expiration Date: December 31, 21, 2013 2012 Insurance Required? Yes Funding Source: Phone: APPROVED FOR City Manager SUBMITTAL: • deavtite STAFF RECOMMENDATION: Adopt Resolution approving Lease Amendment. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution ❑ Lease Agreement Amendment 410 RESOLUTION NO. R -2012- A RESOLUTION approving amendment to J.M. Perry Soccer Complex Lease Agreernent and authorizing the City manager to execute on behalf of the City of Yakima. WHEREAS, the City of Yakima (City) and the Harriet I. Perry Trust (J.M. Perry) entered into a Lease Agreement on December 21, 1993 for the development and use of certain J.M. Perry property as a soccer complex for the benefit of the public; and WHEREAS, such Lease Agreement was for an initial term of ten years, but subject to renewal for two additional five -year terms, which renewals have been approved thereby extending the term of such Lease Agreement through December 21, 2013, and WHEREAS, J.M. Perry recently constructed parking lot improvements adjacent to the developed soccer fields, which parking lot facilities may serve to facilitate use of the soccer complex; and WHEREAS, the parties have negotiated an Amendment to the Lease Agreement providing for the use of such parking facilities, together with additional changes regarding maintenance and use of properties within the developed soccer complex; and WHEREAS, the City Council finds and determines that approval of such amendment is in the best interests of the community and will promote the general health, safety and welfare; therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the "Amendment of Soccer Complex Lease Agreement" with the Harriet I. Perry Trust, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference;. now, therefore, ADOPTED BY THE CITY COUNCIL this 21s day of August, 2012. ATTEST: Micah Cawley, Mayor City Clerk • • AMENDMENT OF SOCCER COMPLEX LEASE AGREEMENT This Amendment of Soccer Complex Lease Agreement ( "Amendment ") is made and entered into by the Harriet I. Perry Trust, as "Lessor," and the City of Yakima, as "Lessee," effective as of the day of August, 2012. RECITALS A. On December 21, 1993, Lessor and Lessee entered into that certain J.M. Perry Soccer Complex Lease Agreement ( "Lease ") establishing the terms and conditions on which Lessor agreed to lease to Lessee and Lessee agreed to lease from Lessor certain real property which was developed into soccer play fields for the recreational character building of Perry Technical Institute ( "Perry Tech "). students and residents of the City of Yakima. B. The Yakima Youth Soccer Association ( "YYSA ") uses the Leased Premises for soccer activities pursuant to a sublease with the Lessee and is the primary user and beneficiary of the Leased Premises. C. Lessor and Lessee have resolved certain issues arising under the Lease relating to YYSA's use and the maintenance of the Leased Premises and certain contiguous property owned by Lessor. D. Lessor and Lessee desire to amend the Lease to incorporate the terms on which they have resolved the issues concerning use and maintenance of the Leased Premises and contiguous property. AMENDMENT • Now, therefore, in consideration of the mutual covenants and agreements of the parties hereinafter set forth, and other valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, Lessor and Lessee hereby agree that the Lease be and is hereby amended and changed as follows: 1. Paragraph 1 of the Lease (entitled "Lease ") is hereby amended to include the following described additional parcels of real property situated in Yakima County, Washington, and the additional parcels are hereby made a part of the "Leased Premises" covered by the Lease: 1 G:WDC\Perry Technical Institute\Amendment of Soccer Complex Lease Agreement 7 -20 -12 - final.doc (1) A 1.48 acre parcel of real e pro , being Yakima County Assessor parcel • p�Y 9 Y p number 181335- 14425, encompassing a paved parking lot (hereafter called the "North Parking Lot ") legally described as follows: Lot 3, short plat No. 85 -52, except the east 60 feet thereof. Situated in City of Yakima, Yakima County, State of Washington. (2) A 2.73 acre parcel of real property, being Yakima County Assessor parcel No. 181335 - 14008, encompassing a grass area sometimes used as a soccer field, legally described as follows: That portion of the south 1/2 of the southeast 1 /4 of the northeast 1 /4 of Section 18, Township 13 North, Range 13 East Willamette Meridian, Tying southerly of the center line of Wide Hollow Creek, except the south portion of such parcel used and reserved for street right of way. Situated in City of Yakima, Yakima County, State of Washington. The parcels of property described above shall be subject to the terms and conditions of the Lease for all uses and purposes. 2. Paragraph 4 of the Lease (entitled "Consideration ") is hereby amended and changed as follows: (1) A new subparagraph is added to Paragraph 4 as follows: 4.6 Maintenance of Leased Premises. Lessee shall mow, control noxious weeds and otherwise provide appropriate horticultural care for all grass areas located within the Leased Premises. If the grass on the soccer fields or other areas of the Leased Premises is damaged by use so as to create bare soil or muddy areas, the damaged areas shall be repaired by seeding or installing sod to re- establish healthy grass growth. (2) A new subparagraph is added to Paragraph 4 as follows: 4.7 Landscaping of North Parking Lot. As part of the paving project for the parking lot located immediately north of the soccer fields (the "North Parking Lot "), Lessor constructed planting areas to 2 G:lADC\Perry Technical InstitutelAmendment of Soccer Complex Lease Agreement 7 -20 -12 - final.doc • landscape the parking lot. The planting areas within the North Parking Lot require the installation of irrigation systems and the planting of ornamental plants. In cooperation with Lessor, Lessee shall use its best efforts to cause YYSA, its sublessee, to reimburse Lessor for one -half of the cost of the materials required to install the irrigation system in and landscape the North Parking Lot planting areas in an amount not to exceed $1,775.00. Lessor will provide Lessee with proof of the cost of the materials required to install the irrigation, systems in and landscape the planting areas in the form of invoices or bills itemizing the cost of the materials. 3. Paragraph 7 of the Lease (entitled "Regulation /Care of Property ") is hereby amended and changed as follows: (1) The first word of the second sentence of the paragraph is hereby corrected and changed from "Lessor" to "Lessee." (2) The following language is added to Paragraph 7 immediately following the end thereof: Lessee shall keep the Leased Premises in a clean and orderly condition, free of all refuse and litter. Lessee shall provide an adequate number of refuse containers and signs prohibiting littering on the Leased Premises to facilitate the maintenance of the Leased Premises in a clean and.orderly condition. 4. Paragraph 8 of the Lease (entitled "Parking ") is hereby amended and changed to state as follows: 8. Parking: Lessee, and persons or organizations (including YYSA) using the soccer fields or attending games under a license, sublease, permit or other agreement with Lessee, may use the Lessor's vehicle parking lots located within or immediately adjacent to the Leased Premises and the parking lots located at 2011 West Washington Boulevard (the "Parking Lots ") for the purpose of vehicle parking after 4:30 p.m. on weekdays, and all day during weekends and federal holidays, except when Perry Tech holds open houses. Perry Tech's students, staff and invitees shall have exclusive use of all Parking Lots on weekdays until 4:30 p.m. and during Perry Tech's open houses. Lessee shall 3 GA ADC Technical Institute\Amendment of Soccer Complex Lease Agreement 7 -20 -12 - final.doc provide and install suitable signs in and around all of the Parking Lots specifying • 9 the hours during which the Parking Lots are reserved exclusively for the use of Perry Tech's students, staff and invitees. Perry Tech conducts open houses twice each year. Lessee shall communicate to YYSA and all other organizations and persons using the Leased Premises under license or permit issued by Lessee, the dates and times of Perry Tech's open houses and prohibit persons or organizations using the soccer fields from parking in the Parking Lots during open houses. Lessor shall post all signs in all of the Parking Lots notifying the public that vehicles violating Perry Tech's parking restrictions will be towed from the Tots at the owner's expense. Perry Tech will engage the services of a licensed and bonded towing company to enforce the parking restrictions in the Parking Lots and tow violating vehicles from the lots. These parking restrictions also apply to the parking areas contiguous to Lessor's building located on the west side of South 16 Avenue (directly East of the soccer fields). Lessee shall not permit any vehicles to be parked on the grass areas of the Leased Premises. Access to and from the Parking Lots and soccer play fields shall be limited to established sidewalks or pathways along Washington Avenue and the pathway from the North Parking Lot to the Perry Tech campus. 5. Paragraph number 12 of the Lessee (entitled "insurance ") is hereby amended and changed to state as follows: 12. Insurance. To implement Lessee's covenants of indemnity, unless Lessee is at all times solvently self- insured for liability purposes, Lessee shall, at its sole expense, maintain in full force and effect during the term of this Lease a policy or policies of comprehensive liability insurance, including property damage, underwritten by one or more responsible insurance companies acceptable to Lessor, insuring Lessee and Lessor, as named insureds, against liability for injuries to persons or property or death of any person or persons occurring on or about the Leased Premises. The aggregate liability limits for such insurance shall not be less than $2,000,000.00 for one person injured or killed, not less than $4,000,000.00 for any incident, and not less than $250,000.00 for property damage. Lessee shall provide Lessor with certificates of insurance evidencing Lessee's compliance with the insurance covenants of this Lease. All policies of insurance obtained by Lessee in compliance with this Lease shall contain endorsements requiring not less than 20 days written notice to Lessor prior to any change or cancellation. 4 G:1ADC \Perry Technical Institute\Amendment of Soccer Complex Lease Agreement 7 -20 -12 - final.doc • 6. Except as specifically amended and changed by this Amendment, the Lease shall remain and continue in full force and effect as originally executed by the parties. Lessor and Lessee hereby ratify, reaffirm and agree to be bound by and perform the Lease as originally executed, subject to the changes in the Lease specifically set forth herein. IN WITNESS WHEREOF, the parties executed this Amendment of Soccer Complex Lease Agreement effective as of the date first written above. Lessor: Lessee: HARRIET I. PERRY TRUST CITY OF YAKIMA By: By: Tony O'Rourke , Trustee City Manager (Print Name) ATTEST: By: , Trustee By: (Print Name) Sonya Claar -Tee, City Clerk By: , Trustee (Print Name) [ATTESTATION FOLLOWS] 5 G:IADC \Perry Technical Institute\Amendment of Soccer Complex Lease Agreement 7 -20 -12 - final.doc ATTESTATION • STATE OF WASHINGTON ) ) ss. City of Yakima ) I certify that I know or have satisfactory evidence that the individuals named above are Trustees for the Harriet I. Perry Trust, and are the persons who appeared before me acknowledging that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. DATED this day of , 2012 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 6 G: ADC \Perry Technical Institute\Amendment of Soccer Complex Lease Agreement 7 -20 -12 - tiinal.doc Distributed t t 1 Meeting .,.4._ 44 vi .- ri,..r, ' , 4 ' ' ',....,..„ k xtip 1, 0 ©©©L Lat eCt2 d 1 , 313 `B" S. 11 Ave Yakima, WA 98902 Office 509- 452 -1392 fax 509- 469 -9673 E -mail yysaoffice @yvn.com Open letter to the City Council of Yakima We wanted to clarify our position regarding the letter to editor concerning the conditions of the soccer fields at Perry Tech. We acknowledge that the grass was mowed earlier that week. We appreciate the work the city does to maintain the fields on 16th and Washington. With the extra rain and fertilizer, the grass was simply growing faster than normal. We wanted to clarify that the views expressed in the letter were not those of the Yakima Youth Soccer Association. Thank you Jason Wearin President of Yakima Youth Soccer Association CC Yakima Parks Department