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HomeMy WebLinkAbout06/01/2021 04K Resolution ratifying the extension of an existing Agreement with the Yakima Area Arboretum 1 to\'4\lyy tbxk ik 1 + PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.K. For Meeting of: June 1, 2021 ITEM TITLE: Resolution ratifying the extension of an existing Agreement with the Yakima Area Arboretum SUBMITTED BY: Scott Schafer, Public Works Director(509) 576-6411 SUMMARY EXPLANATION: The City of Yakima (City) and the Yakima Area Arboretum (Arboretum)originally entered into an Agreement on or about May 14, 1991 which outlined the terms and conditions for the operation of the City's arboretum property by the Yakima Area Arboretum. The agreement term expired on May 24, 2021. Prior to the expiration date, both organizations were collaboratively working on a long-term operation and maintenance agreement for the arboretum property, but were unable to complete negotiations by the end of the original Agreement term. Both organizations have agreed to extend the original Agreement's term to August 3, 2021, or until a new operations and maintenance agreement has been signed, whichever comes first, with all other provisions remaining the same. The extension merely extends the original Agreement approximately three months to allow for negotiations to continue and the resulting operations and maintenance agreement will be placed in front of City Council for review prior to the new termination date. The extension was not signed by the Arboretum in time to have been placed on the May 18th City Council meeting. The City Manager's executed agreement is attached and is now submitted for City Council ratification. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 2 D R+74,=oluhon Arl)oret Lyn Edens no Agrrcrrrnt 21121171 Rcsolulno DExtension Agreement Arboretum 21112M1 Conlrdcl 3 RESOLUTION NO. R-2021- A RESOLUTION ratifying the City Manager's execution of an extension to the existing Operations and Maintenance Agreement with the Yakima Area Arboretum WHEREAS, the City of Yakima (City) owns the Yakima Area Arboretum (Arboretum) and desires that the Jewett Interpretive Center and surrounding property continue to be managed, operated, and maintained as a public park to the general public; and WHEREAS, the City and the Arboretum, referred to as the "Parties," entered into an Agreement on or about May 14, 1991 (hereinafter referred to as the "Original Agreement"), which outlined the terms and conditions for the operation of the City's arboretum property by the Yakima Area Arboretum, a non-profit corporation which has a term ending on May 24, 2021; and WHEREAS, the Parties are currently working together on a long-term operation and maintenance agreement for the arboretum property, but are unable to complete negotiation by the end of the Original Agreement term; and WHEREAS, the Parties agreed to extend the Original Agreement's term to August 3, 2021, or until a new operations and maintenance agreement has been signed, whichever comes first, with all other provisions remaining the same; and WHEREAS, the Parties agreed that if a new agreement regarding the operation and maintenance of the arboretum property is not signed by August 3, 2021, and the Parties have not otherwise agreed to an extension, the Original Agreement shall terminate; and WHEREAS, all other terms, covenants and conditions of the Original Agreement shall continue in full force and effect throughout the extended term; and WHEREAS, the Parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement as well as the terms provided herein to accommodate the continued discussions on a new operation and maintenance agreement for the Yakima Area Arboretum to maintain and operate the City's arboretum property; and WHEREAS, the Parties believed that they could come to an agreement before the Original Agreement terminated, but ultimately could not do so, resulting in a situation where the Original Agreement would have terminated without the City taking action, which would have resulted in immediate responsibilities for the City to operate and maintain the arboretum property which are not budgeted and for which the City was not prepared; and WHEREAS, such termination would also have resulted in the Yakima Area Arboretum needing to vacate the property, including removal of all personal property, which they were not prepared to do; and WHEREAS, the Parties are long-standing partners in the operation and maintenance of the arboretum property and have been and are working together to formalize the continued operations and maintenance of the arboretum property, and WHEREAS, the extension merely extends the Original Agreement approximately three months to allow for negotiations to continue and the resulting operations and maintenance 4 agreement will be placed in front of City Council for review and decision prior to the new termination date; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to extend the term of the Original Agreement to allow the Parties additional time to negotiate the terms of a new operations and maintenance agreement for the arboretum property and ratify the contract signed by the City Manager; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager's execution of the attached extension to the existing Operations and Maintenance Agreement with the Yakima Area Arboretum, Inc. for the operation, management, and maintenance of the Jewett Interpretive Center and Yakima Arboretum property. ADOPTED BY THE CITY COUNCIL this 1st day of June, 2021. ATTEST: Patricia Byers, Mayor Sonya Clear Tee, City Clerk 5 Yakima Area Arboretum Agreement Extension This EXTENSION AGREEMENT is between the City of Yakima, located at 129 North Second Straet, Yohi ' u, VA 98901 and Ul Yakima Area Arboretum, located at 1401 Arboretum Ohva. Yakima, Washington, 98901 and collectively, to as the "Parties" for and in consideration � of the mutual covenants therein and herein contained. � WHEREAS, the PmrUaa entered into an Agreement on or about May 14. 1991 � (hereinafter referred to as the "Original Agreement"), which outlined the terms and conditions for i the operation of the <�ity'aarbonmtunm property^' by the ~ Yakima Area Arboretum, a non-profit � ' corporationwhich has o tann ending on May 24. 2021; and WHEREAS, the Parties are currently working together on a long-term operation and | maintenance agreement for the arboretum property; and ` . WHEREAS the Parties hereby agree to extend the henn of the Original Agreement in accordance with the terms ofthe Original Agreement au well oo the terms provided herein b» accommodate the continued discussions on o new operation and maintenance agreement for the Yakima Area Arboretum to maintain and operate the City'aarbonoturn property; now, therefore, The Parties agree as follows: � • The Parties agree to extend the Original Agreement's term to August 3, 2021, or until a new operations and maintenance aQnemnnant has been signed, whichever comes first. • The Parties mgnam that if new agreement regarding the operation and maintenance of the arboretum property is not signed by August 3, 2021, and the Parties have not otherwise agreed toonextension, the Original Agreement shall terminate. � w All other terms, covenants and conditions of the Original Agreement shall continue in full force and effect throughout the extended barnn. CITY OF YAK|80A YAKA88A AREA ARBORETUM --^=--.` Harrison, City Manager '-C-o|/-e`o`n~-*--o-a-ns~ `u~c~n~up�p-m-. Executive Director(]ota:, _ _ ~_ ° Date: 6 STATE OF WASHINGTON ) ) ss. County of Yakima ) On• this is day of , 2021, certify that I know or have satisfactory evidence that Colleen Adams- chuppe is the Executive Director of the Yakima Area Arboretum, and acknowledged that they are authorized to execute the foregoing instrument for and on behalf of the Yakima Area Arboretum and said person acknowledged that they signed this instrument and acknowledged it on behalf of Yakima Area Arboretum for the uses and purposes mentioned in the instrument. Aft DIONDRA NAVARETTE ) Notary Public NOTARY PUBLIC in and for the State of State of Washington Commission# 177877 Washington, residing at: : ,„h„ .23 My Comm. Expires Mar 5 My commission expires , 2023 4 w we 'NV • STATE OF WASHINGTON ) )ss. County of Yakima ) On this day of , 2021, I certify that I know or have satisfactory evidence that Robert Harrison, is the City Manager of the City of Yakima and acknowledged that they are authorized to execute the foregoing instrument for and on behalf of the City of Yakima and said person acknowledged that they signed this instrument and acknowledged it on behalf of the City of Yakima for the uses and purposes mentioned in the instrument. NOTARY PUBLIC in and for the State of Washington, residing at: My commission expires: