HomeMy WebLinkAboutR-2012-110 J. M. Perry Soccer Complex Lease Agreement AmendmentA RESOLUTION
RESOLUTION NO. R-2012-110
approving amendment to J.M Perry Soccer Complex Lease
Agreement 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 4th day of September, 2012.
11AX Micah Ca ley, Mayor
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 ay of September, 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,
1
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
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.
1 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 Tots 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
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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
provide and install suitable signs in and around all of the Parking Lots specifying
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 lots 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 16th 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
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Lease shall contain endorsements requiring not less than 20 days written notice
to Lessor prior to any change or cancellation.
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:
HARRIET I. PERRY TRUST
By:
fi. C\tee. 1
(Print Name)
, Trustee
Lessee:
CITY OF YAKIMA
By: d
Tony O'Rrke
City Manager
ATTEST:
(Print Name)
By:
t4cd R )4. ol4Aiv tir- , Trustee
(Print Name)
5
CITY CONTRAC r N0:
RESOLUTION NO: a—^ Q/.4'— I � 0
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[ATTESTATION FOLLOWS]
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 9 -i-A day of 4030 , 2012
•
p1i
•
NOT
Washington, irit.• at �`
My commission% Q '• 2U)(,a
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. L
For Meeting of: September 4, 2012
ITEM TITLE:
SUBMITTED BY:
CONTACT
PERSON/TELEPHONE:
Resolution approving Amendment of Soccer Complex
Lease Agreement between the City of Yakima and the
Harriet I. Perry Trust (J.M. Perry)
Chris Waarvick, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager
Ken Wilkinson, Parks and Recreation Manager, 576-6416
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
Contract: X
Contract Term: December
21, 2013
Insurance Required? Yes
Funding
Source:
APPROVED FOR
SUBMITTAL:
Ordinance
Mail to:
Amount:
Other
(specify)
Expiration Date: December 31,
2012
Phone:
City Manager
STAFF RECOMMENDATION:
Adopt Resolution approving Lease Amendment.
BOARD/COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
❑ Resolution
❑ Lease Agreement Amendment
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