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HomeMy WebLinkAboutR-2021-104 Resolution extending the existing Operations and Maintenance Agreement with the Yakima Area ArboretumRESOLUTION NO. R-2021-104 A RESOLUTION extending the existing Operations and Maintenance Agreement with the Yakima Area Arboretum WHEREAS, the City of Yakima (City) owns an arboretum property which the Yakima Area Arboretum (Arboretum) currently maintains and operates, 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, 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 amended the Agreement to extend the term through August 3, 2021 to continue negotiations for a new operation and maintenance agreement; 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 extended agreement term; and WHEREAS, the Parties agreed to extend the Original Agreement's term to October 6, 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 October 6, 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 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 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 is hereby authorized to execute the Yakima Area Arboretum Agreement Extension with the Yakima Area Arboretum to provide for the operation and maintenance of the City's arboretum property until a new agreement is entered into or October 6, 2021, whichever occurs first. ADOPTED BY THE CITY COUNCIL this 2nd day of August, 2021. ATTEST: Sonya Claa , City Clerk �t rj'r Patricia- yer, Mayor 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 entered into an extension of that Agreement which extended the terms and conditions thereof until August 3, 2021; and WHEREAS, the Parties are currently working together on a long-term operation and maintenance agreement for the arboretum property and need more time finalize such long-term agreement; and WHEREAS the Parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement and amendment thereof, 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 October 6, 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 October 6, 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 CITY CONTRACT f RESOLUTION NO: YAKIMA AREA ARBORETUM Colleen chuppe, Executive Director Date: 7 L4 IZJ STATE OF WASHINGTON ) ss. County of Yakima On this aal day of silk1 i 2021, I certify that I know or have satisfactory evidence that Colleen Adams-Sc uppe 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 Notary Public State of Washington Commission # 177877 My Comm. Expires Mar 5, 2023 STATE OF WASHINGTON ) ss. County of Yakima On this Li day of , 2021, I certify that I know or have satisfactory evidence that Robert Harrison, i 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: (.041(Vict. My commission expires: 5, z 3 A Avow'C 12.0.4fL.0-: C _ , 00*** NOTARY PUBLIC in and for the State of ;41 'fd.- Washington, residing at: aif") cx.., :::Z031° NOTAfir My commission expires: 0-1 t PL181,10. ise 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.H. For Meeting of: August 2, 2021 ITEM TITLE: Resolution extending the existing Operations and Maintenance Agreement with the Yakima Area Arboretum SUBMITTED BY: Scott Schafer, Public Works Director - (509) 576-6411 SUMMARY EXPLANATION: The City contracts with the Yakima Area Arboretum for that organization to operate and maintain the Cit arboretum property. The original agreement expired in May, and the Council granted an extension wr staff continued negotiations with the Yakima Area Arboretum on terms and conditions of a new long-te operations and maintenance agreement. Negotiations are continuing on a few final details, and additio time is needed to finalize the agreement. Since the first extension granted by the Council expires August 3, 2021, a new extension needs to be entered into. The proposed extension would extend 1 original agreement until October 6, 2021. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description ID Resolution Arboretum Extension ID Arboretum Extension Agreement Upload Date 7/28/2021 7/28/2021 Type Resolution Contract