HomeMy WebLinkAboutR-2021-079 Resolution ratifying the extension of an existing Agreement with the Yakima Area ArboretumA RESOLUTION
RESOLUTION NO. R-2021-079
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
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:
Sonya CIaTee, City Clerk
Pa icia Byers, Ma
Yakima Area Arboretum Agreement Extension
This EXTENSION AGREEMENT is between the City of Yakima, located at 129 North Second
Street, Yakima, WA 98901 and the Yakima Area Arboretum, located at 1401 Arboretum Drive,
Yakima, Washington, 98901 and collectively, referred to as the "Parties" for and in consideration
of the mutual covenants therein and herein contained.
WHEREAS, 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; 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; 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 agreement has been signed, whichever comes first.
• The Parties agree 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.
• All other terms, covenants and conditions of the Original Agreement shall continue in full
force and effect throughout the extended term.
CITY OF YAKIMA YAKIMA AREA ARBORETUM
Robert Harrison, City Manager Colleen Adams- Schuppe, Executive Director
Date:
CITY CONTRACT NA 91 -3 ? -e 4#1
RESOLUTION NO:`('r340.2-
Date:
STATE OF WASHINGTON
) ss.
County of Yakima
On this L$Ivt day of Ma vj , 2021, I certify that I know or have satisfactory
evidence that Colleen Adams-`S'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.
DIONDRA NAVARETTE N 1 to a✓' a-+
Notary Public
State of Washington
Commission # 177877
My Comm. Expires Mar 5, 2023
STATE OF WASHINGTON
) ss.
County of Yakima
ifs
On this (iL day of ra tZ , 2021, I certify that I know or have satisfactory
evidence that Robert Harrison, rs 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: qaduct ,uti>4k--
My commission expires: imar-h
1
NOTARY )1BLIC in and for th e of
Washington, residing at:
My commission expires:
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
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
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D R+74,=oluhon Arl)oret Lyn Edensno Agrrcirrnt 2112T1 Rcsoluhro
DExtension Agreement Arborclum 2012M1 CAnIrdcl