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10/05/2021 04.G. Resolution authorizing amendment to the Agreement with Yakima Area Arboretum for the operation and maintenance of Yakima's Arboretum 1 s1. ° `Z,/. .,t a°++a 0� cut • rr 11 i ',i enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.G. For Meeting of: October 5, 2021 ITEM TITLE: Resolution authorizing amendment to the Agreement with Yakima Area Arboretum for the operation and maintenance of Yakima's Arboretum SUBMITTED BY: Scott Schafer, Public Works Director- (509) 576-6411 SUMMARY EXPLANATION: The City of Yakima (City) has a current agreement with Yakima Area Arboretum to operate and maintain the Arboretum property and associated buildings. That Lease has been extended through October 6, 2021 while the City and the Yakima Area Arboretum continue to work on a future agreement. There are still a few issues to discuss, so the parties have agreed to amend the original agreement so that it now expires on December 31, 2022, giving the parties additional time to discuss the operation and maintenance of the arboretum. No other sections of the current agreement are amended. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type ID Resolution Arboretum Agreement Amendment 9/17/2021 Resolution ❑ Arboretum Amend Agreement 9/17/2021 Contract 2 RESOLUTION NO. R-2021- A RESOLUTION authorizing the City Manager to amend the Agreement with Yakima Area Arboretum for the operation and maintenance of Yakima's arboretum WHEREAS, on or about May 23, 1991, the City and Yakima Area Arboretum (YAA) entered into an Agreement wherein YAA agreed to operate and maintain the Yakima Arboretum property and the City granted to YAA the possession of the property including the buildings thereupon, City Contract No. 91-37 approved by Resolution R-1991-D5913 ("Lease"); and WHEREAS, the Lease included a 30-year term, which expired on or about May 23, 2021; and WHEREAS, the City and YAA have continued discussions regarding entering into a new Agreement regarding the operation and maintenance of the Yakima Arboretum, and extended the Lease through October 6, 2021 by Council resolution; and WHEREAS, it has been determined by both parties that the Agreement should be amended to extend the term for a period of one year, with all other terms and conditions to remain the same, after which it is anticipated that a new agreement will be entered into and brought before City Council; and WHEREAS, the City and YAA wish to amend the terms and conditions of the Agreement to extend the term; and WHEREAS, the City Council finds that it is the best interest of the City and its residents to amend the Agreement to extend the term to December 31, 2022; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council authorizes the City Manager to sign the Amendment to the Agreement with Yakima Area Arboretum for operation and maintenance of the City's arboretum to extend the term until December 31, 2022. ADOPTED BY THE CITY COUNCIL this 5th day of October, 2021. Patricia Byers, Mayor ATTEST: Sonya Claar-Tee, City Clerk 3 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA AREA ARBORETUM THIS AMENDMENT TO THE AGREEMENT is made and entered into by and between YAKIMA AREA ARBORETUM, a Washington non-profit corporation ("YAA") and THE CITY OF YAKIMA, a Washington municipal corporation ("City"). WHEREAS, on or about May 23, 1991, the City and YAA entered into an Agreement wherein the Arboretum agreed to operate and maintain the Yakima Arboretum property and the City granted to YAA the possession of the property including the buildings thereupon, City Contract No. 91-37 approved by Resolution R-1991-D5913 ("Lease"); and WHEREAS, the Lease included a 30-year term, which expired on or about May 23, 2021; and WHEREAS, the City and YAA have continued discussions regarding entering into a new Agreement regarding the operation and maintenance of the Yakima Arboretum, and extended the Agreement through October 6, 2021 by Council resolution; and WHEREAS, it has been determined by both parties that the Agreement should be amended to extend the term for a period of one year, with all other terms and conditions to remain the same, after which it is anticipated that a new agreement will be entered into and brought before City Council; and WHEREAS, the City and YAA wish to amend the terms and conditions of the Agreement to extend the term, which the City Council finds is in the best interests of the City and its residents; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and YAA as follows: Section 1: Section 2: Term, of the attached and incorporated "Agreement" is amended to read as follows: 2. TERM: 2.1 This Agreement shall become effective as of the date of its approval by CITY and shall continue until 11:59 p.m. on December 31, 2022. 2.2 If ARBORETUM is dissolved or ceases to exist, this Agreement shall automatically terminate and ARBORETUM shall thereafter have no further rights or responsibilities hereunder. 2.3 All real property and improvements to real properties, whether in existence upon the date of this Agreement or thereafter placed or constructed upon the property by ARBORETUM, shall insure to and belong to CITY. Section 2: Except as expressly modified herein, all other terms and conditions of the attached Agreement and its amendments shall remain in full force and effect. 4 Section 3: Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Amendment is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this Amendment. DATED this 5th day of October, 2021. CITY OF YAKIMA YAKIMA R ARBORETUM Robert Harrison, City Manager Colleen ams-Schuppe, Executive Director Date: ATTEST: DIONDRA NAVARETTE City Clerk Notary Public State of Washington Commission it 177877 STATE OF WASHINGTON } My Comm. Expires Mar 5, 2023 ) ss County of Yakima I certify that I know or have satisfactory evidence that Colleen Adams-Schuppe, the Executive Director of Yakima Area Arboretum, signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date 11 _ 21 Notary Public for the State of Washington Residing at: L t�►► 0t., Appointment Ex ires PA.&t 'LOi STATE OF WASHINGTON ) ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Robert Harrison signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the City Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Date: By: Notary Public for the State of Washington Residing at: Appointment Expires