HomeMy WebLinkAbout06/17/2014 12 Southeast Yakima Community Center License Agreement wtih the Yakima Food BankBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 12.
For Meeting of: June 17, 2014
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ITEM TITLE: Resolution authorizing a License Agreement with Yakima
Food Bank to conduct charitable food bank operations upon a
portion of the Southeast Yakima Community Center property.
SUBMITTED BY: Scott Schafer, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager, 576-6416
SUMMARY EXPLANATION:
The City of Yakima (City) owns the Southeast Yakima Community Center property. The
Yakima Food Bank, a Washington nonprofit corporation and charitable organization, has for
many years, operated a food bank for the benefit of the community members out of a building
located upon the south parking lot of the Southeast Yakima Community Center property.
The City and Yakima Food Bank desire to enter into a License Agreement to continue to permit
the operation of a food bank facility by Yakima Food Bank at this location.
Attached is the License Agreement with the Yakima Food Bank to conduct charitable food bank
operations upon a portion of the Southeast Yakima community Center property.
Exhibit "A" of the Agreement is a map detailing the location of the Yakima Food Bank
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted: No
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to: Ken Wilkinson
Phone: 576-6416
Ordinance:
Contract Term:
End Date:
Amount:
N/A
Partnership Development
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Staff respectfully requests City Council approval of the agreement.
ATTACHMENTS:
Description
Resolution for License Agreement with Yakima
6/9/2014
Food Bank
License Agreement with Yakima Food Bank 6/9/2014
Exhibit A - Map of Yakima Food Bank 6/9/2014
Upload Date
Type
Resollution
Contract
lExhilblit
RESOLUTION NO. R -2014-
A RESOLUTION approving and authorizing the City Manager to execute and
administer a License Agreement with Yakima Food Bank to conduct
charitable food bank operations upon a portion of the Southeast
Yakima Community Center property.
WHEREAS, the City of Yakima (City) owns and operates the Southeast Yakima
Community Center ("Community Center") located upon property commonly known as
1211 South 7th Street within the City of Yakima, which Community Center is currently
operated by Opportunities Industrialization Center of Washington ("010"); and
WHEREAS, Yakima Food Bank, a Washington nonprofit corporation and
charitable organization, has for many years operated a food bank for the benefit of
community members out of a building located upon the south parking lot of the
Community Center facilities; and, WHEREAS, the City of Yakima and Yakima Food Bank
desire to enter into a License Agreement whereby the City would license and permit the
operation of a food bank facility by Yakima Food Bank for the benefit of community
members upon a portion of the Community Center property; and
WHEREAS, the City Council finds and determines that approval of such License
Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein by
this reference, is in the best interests of residents of the City of Yakima and will promote
the general health, safety and welfare; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The License Agreement, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference, by and between the City of Yakima and
Yakima Food Bank, is hereby approved.
Section 2. The City Manager is hereby authorized to execute the attached
License Agreement between the City of Yakima and Yakima Food Bank; now, therefore,
ADOPTED BY THE CITY COUNCIL this 17th day of June, 2014.
ATTEST: Micah Cawley, Mayor
City Clerk
1
LICENSE AGREEMENT
PARTIES: Yakima Food Bank: Yakima Food Bank, a Washington nonprofit
corporation with IRC Section 501(c)(3) tax exempt status
City: City of Yakima, Washington, a municipal corporation
SUBJECT
PROPERTY: A parcel sixty (60) feet by seventy-five (75) feet, currently
consisting of a building and associated fixtures commonly known
as 703 Central Avenue, as more specifically described below and
shown on the map attached hereto as Exhibit "A" and incorporated
herein by this reference ("Subject Parcel"). The Subject Parcel is
located within and upon the property commonly known as 1211
South 7th Street within the City of Yakima, legally described as
follows:
Parcel #1
The North 100 feet of the West 125 feet of the
East 140 feet of Lot 1, CENTRAL PARK
ADDITION, according to the official Plat thereof
recorded in Volume "A" of Plats, page 46,
records of Yakima County, Washington.
The East 140 feet of Lot 1, CENTRAL PARK
ADDITION to the city of North Yakima (now
Yakima), according to the official plat thereof
recorded in Volume "A" of Plats, page 46,
records of Yakima County, Washington;
(1) except the North 100 feet thereof;
(2) except the East 15 feet of the North 190
feet for alley; and
(3) except the East 10 feet of the South 110
feet for alley.
TOGETHER WITH all water and water rights
appurtenant thereto.
SUBJECT TO right of way for irrigation ditch over
the West 5 feet of the East 15 feet of the North
190 feet of Lot 1, Central Park Addition to the city
of North Yakima, now Yakima, as disclosed by
instruments recorded in Volume 200 of Deeds,
Auditor's File No. 196692, records of Yakima
County, Washington;
Yakima Food Bank Page -1
SUBJECT TO all further assessments arising
from the fact that the above described property is
located within the boundaries of Irrigation District
No. 308.
SUBJECT TO all easements, rights of way or
other servitudes appearing in the chain of title or
existing over and across said premises.
Parcel #5
The East half of Lot 8, Central Park Addition to
the City of Yakima, now Yakima, as recorded in
Volume "A" of Plats, page 46, records of Yakima
County, Washington,
EXCEPT the East 10 feet thereof, and
EXCEPT the West 25 feet thereof for street.
SUBJECT TO such future assessments as may
be made from time to time by City Irrigation
District No. 308, the above described property
being located in said District
Situate in County of Yakima, State of Washington.
Yakima County Assessor's Parcel Number 191330-14539
RECITALS:
City owns fee interest in the above-described real property, commonly known as 1211
South 71h Street, City of Yakima, upon which are situated the facilities known as the
Southeast Yakima Community Center ("SECC"), as well as that portion thereof
commonly known as 703 Central Avenue, upon which are currently located the existing
food bank facilities. On September 1, 2009, the City entered into an Operating
Agreement with Opportunities Industrialization Center of Washington ("010") for the
management, operation and maintenance of the SECC. The initial term of such
Operating Agreement extends through September 2, 2014, and is subject to two
additional renewal terms of five years each.
Yakima Food Bank has for several years, and during the period September 1, 2009
through the present, operated a food bank consistent with its charitable purposes out of
a building situated upon the Subject Parcel. Yakima Food Bank desires to continue its
food bank operations upon the Subject Parcel. City and Yakima Food Bank are
concurrently entering into an agreement whereby Yakima Food Bank will solicit
donations of funds and volunteer help to construct a new building to replace the existing
building upon the Subject Parcel to facilitate food bank operations.
Yakima Food Bank Page -2
The food bank operations of Yakima Food Bank have operated independently upon the
Subject Parcel for several years, and the City retains jurisdiction to enter into this license
agreement for the purposes described above.
AGREEMENT:
For and in consideration of the mutual promises and covenants contained herein, the
City hereby grants to Yakima Food Bank a revocable license to conduct food bank
operations upon the Subject Parcel; The parties understand and agree that the City is
entering into an agreement with Yakima Food Bank for the construction of a new
building on the Subject Parcel to house food bank operations and activities. The parties
will cooperate to facilitate such demolition and construction. This license is subject to the
following terms and conditions:
1. Term and Termination: The term of this license is for a term of twenty
(20) years commencing April 16, 2014 and terminating April 15, 2034; provided,
however, that this license will be automatically extended for two additional ten-year
periods unless Yakima Food Bank gives the City written notice of termination no later
than ninety (90) days prior to the end of the current twenty-year period in order to
continue the term for the first ten-year option period, and no later than ninety (90) days
prior to the end of the first ten-year option period in order to extend the term for the
second ten-year option period. Notwithstanding the above, each party has the right to
terminate this license at any time upon delivery of written notice of termination to the
other party upon thirty (30) days prior written notice. Except as otherwise set forth in
Section 3 below, upon the effective date of termination, Yakima Food Bank shall have
removed all property, inventory, furniture and equipment from the Subject Parcel, and
shall deliver to the City all keys to the improvements constructed or maintained upon the
Subject Parcel.
2. No Payment Required: This revocable license is granted to Yakima Food
Bank as an accommodation with no monetary consideration. Yakima Food Bank's use
of the Subject Parcel to support charitable food bank use of the property for the benefit
of the public is deemed a public charitable use by the City.
3. City Title: Yakima Food Bank acknowledges the City's legal ownership
and fee title to said real property described herein. Yakima Food Bank expressly agrees
to never deny City's right in ownership of said real property or to claim title in Yakima
Food Bank's name. Yakima Food Bank further agrees that it does not and shall not at
any time claim any interest or estate of any kind or extent whatsoever in the Subject
Parcel or underlying real property upon which Yakima Food Bank operations are
conducted by virtue of the rights granted under this license agreement, Yakima Food
Bank's occupancy or use under this agreement, or any other basis. Yakima Food Bank
acknowledges and agrees that all building and shelter fixtures and improvements
constructed upon the Subject Parcel shall become the property of the City upon
completion of construction, and upon termination of this license shall be deemed
improvements owned by the City.
Yakima Food Bank Page -3
4. Independent Contractor. In performing the functions and activities
described above, Yakima Food Bank shall be considered an independent contractor for
all purposes. Yakima Food Bank shall have sole control over the performance of food
bank operations conducted within and upon the Subject Parcel and associated facilities,
and shall have sole responsibility to pay for such operations, manage its employees and
volunteers and to comply with all applicable wage laws.
5. Improvements — Maintenance. Yakima Food Bank shall satisfy and
keep the property free from liens for labor, materials and other liens arising out of the
performance of its operations. In the event Yakima Food Bank desires to construct any
improvement to the Subject Parcel, Yakima Food Bank will seek and obtain prior written
approval from the City. Yakima Food Bank agrees to pay for all improvements within or
upon the Subject Parcel incidental or necessary to facilitate food bank operations as well
as any routine maintenance and repairs that may from time to time become necessary.
Yakima Food Bank acknowledges that legal title and ownership to any improvements
that become fixtures and/or permanent structures erected upon the Subject Parcel shall
vest and remain in the City.
5. Indemnification: Yakima Food Bank shall protect, defend, indemnify and
hold the City, and its elected and appointed officials, employees and agents, and 010,
and its directors, officers, employees and volunteers, harmless from and against any and
all claims, demands, losses, damages, liens, liabilities, penalties, fines, lawsuits, and
other proceedings, and any costs and expenses associated with the same (including
attorney's fees and disbursements, whether in litigation or not), which accrue to or are
incurred by the City, or its elected or appointed officials, employees or agents, and
which arise directly or indirectly from or out of, relate to, or in any way are connected
with personal injuries or property damage occurring because of the use, operation,
construction upon, or maintenance of, the real property covered by this license
agreement (to wit: the Subject Parcel and associated building and improvements erected
thereon which is subject to this license agreement) and any litigation, legal challenge or
determination pertaining to the validity of this agreement. The provisions of this
paragraph shall survive the termination of this agreement for any reason.
6. Parties Bound: Subject to the right of revocation as herein set forth, this
agreement shall inure to the benefit of and be binding upon the parties hereto, their
heirs, successors and assigns.
7. Integration: This writing constitutes the entire agreement of the parties
and its execution is authorized by their respective governing bodies.
8. Notices: All notices required or permitted hereunder shall be in writing
and shall be deemed to be delivered three (3) days after having been deposited in the
United States mail, postage prepaid, certified mail, return receipt requested, addressed
to the parties at the respective addresses set forth below or at such other addresses as
may have been theretofore specified by written notice delivered in accordance herewith:
If to the City:
Yakima Food Bank Page -4
City of Yakima
129 North 2nd Street
Yakima, WA 98901
Attention: City Manager
If to Yakima Food Bank: Yakima Food Bank
c/o Earl Hall, Registered Agent
350 North 24th Avenue
Yakima, WA 98902
9. Entire Agreement: This agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind preceding
the date of this agreement shall not be binding upon either party except to the extent
incorporated in this agreement. Any modification of this agreement or additional
obligation assumed by any party in connection with this agreement shall be binding only
if evidenced in writing signed by each party or an authorized representative of each
party.
10. Assignment or Sublicense: Yakima Food Bank shall not assign or
transfer this license, nor grant a sublicense for any purpose, without the express, prior
and written consent of City.
11. Severability: If any portion of this agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the agreement shall remain in
full force and effect.
12. Governing Law: This agreement shall be governed in all respects by the
laws of the State of Washington.
13. Venue: In the event there should be any litigation arising out of this
agreement, venue shall lie in Yakima County, Washington.
14. Capacity, Due Authorization: Yakima Food Bank affirms and warrants
that the individual whose signature appears below on its behalf has the full power,
capacity, and legal right to execute this Agreement and that this Agreement has been
duly authorized and executed and that it shall constitute the legal, valid and binding
obligation of Yakima Food Bank, enforceable in accordance with its terms.
DATED this 17th day of June, 2014.
CITY OF YAKIMA, WASHINGTON YAKIMA FOOD BANK
By: By:
Tony O'Rourke Doug Corpron, President
City Manager
By:
Betty Clark Corpron, Secretary
Yakima Food Bank Page -5
ATTEST:
Sonya Claar Tee, City Clerk
City Contract No.
City Resolution No.
Yakima Food Bank Page -6
City of Yakima - Geographic Information Services
xhibi A
Copyright 2013 City of Yakima, Washington. All rights reserved.
Created: Tuesday, Feb. 4, 2014 at 2:21 PM
fnap l[Jisclal-ncr Information shown on This snap is for planning and illuslre'.!on purposes only fhe Cily of Yakima assumes no liability for any errors o riscions,
or inoceuaaac In tha information provided or fur any action Taken. or action not taken by 1110 user In reliance upon any maps or info)malion provided herein