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
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00*** NOTARY PUBLIC in and for the State of
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'fd.- Washington, residing at: aif") cx..,
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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