HomeMy WebLinkAboutR-2014-097 Lions Park Tennis Courts and Parking Development and Use Agreement with Yakima School District No. 7 RESOLUTION NO. R- 2014 -097
A RESOLUTION authorizing the City Manager to execute and administer an
agreement between Yakima School District No 7 and City of
Yakima regarding development and use of certain Lions Park
facilities.
WHEREAS, the City of Yakima (City) owns and operates public park facilities
known as Lions Park located at South 5 Avenue and West Pine Street, which facilities
include parcels currently developed as tennis courts and adjacent parking lot; and
WHEREAS, the City has previously entered into agreements with Yakima School
District No 7 (District) providing for joint development and use of such park facilities; and
WHEREAS, the City and District have negotiated a new Development Agreement
for Lions Park (Agreement) concerning the use and reconstruction of the tennis courts and
development of adjacent parking lot facilities at Lions Park, by which District will
reconstruct such facilities and be entitled to exclusive use of the new tennis courts during
regular school hours during the school year, Monday through Friday, excluding holidays,
and during the WIAA tennis season; and which tennis courts will be available to the public
at all other times; and
WHEREAS, the City Council finds and determines that approval of such
Agreement, a copy of which is attached hereto and incorporated herein by this reference,
should be approved, and that such approval is in the best interest of residents of the City
of Yakima; no, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute and administer the Development
Agreement for Lions Park, a copy of which Agreement is attached hereto and
incorporated herein; now, therefore,
ADOPTED BY THE CITY COUNCIL this 15 day of July, 2014.
4
ATTEST Micah Cawley, ayor
moot � ��
So = Claar Tee, City oh i ® D
f�1 �ly�« a�f ,1
DEVELOPMENT AGREEMENT FOR LIONS PARK
Between
CITY OF YAKIMA
And
YAKIMA SCHOOL DISTRICT NO. 7
THIS DEVELOPMENT AGREEMENT is entered into by and between the CITY OF
YAKIMA and YAKIMA SCHOOL DISTRICT NO. 7, for the development, use and
improvement of Lions Park property adjoining the campus of A. C. Davis High School.
I. RECITALS
A. CITY OF YAKIMA, hereinafter called "City," is a municipal corporation of
the State of Washington with City Hall located at 129 North 2 Street, Yakima,
Washington 98901.
B. YAKIMA SCHOOL DISTRICT NO. 7, hereinafter called "District," is duly
formed and existing under the laws of the State of Washington as a school district, with
administrative offices at 104 North 4 Avenue, Yakima, Washington 98902.
C. City and District are authorized pursuant to Chapter 39.34 RCW (Interlocal
Cooperation Act), RCW 39.33.010 and RCW 39.33.020 to enter into intergovernmental
agreements for construction of improvements on such terms as may be mutually
agreed.
D. The parties have previously entered into an Agreement dated April 9,
1974, whereby District conveyed title to the real property described below to the City.
The parties further agreed that the City would construct tennis courts within and upon
such property, and that the City would construct a parking lot on the former site of the
original Lion's Pool. The parcel developed as tennis courts (hereafter "Tennis Court
Property ") is legally described as follows:
Lots 9, 10, 11 and 12, Block 193, Capitol Addition to North Yakima, now Yakima,
Washington, according to the official plat thereof recorded in Volume "A" of Plats,
page 29, records of Yakima County, Washington; together with portion of
vacated South 6 Avenue accruing thereto.
Yakima County Assessor's Parcel No. 181324 - 42426.
1
E. The City owns that certain parcel currently developed and used to house
Lion's Pool, park grounds, the parking lot described in Recital D above, and a children's
playground. Such property (hereinafter called "Lion's Park Property ") is legally
described as follows:
Block 294 of Capitol and Lund's Addition to the City of North Yakima, now
Yakima, together with portion of vacated South 6 Avenue accruing thereto,
records of Yakima County, Washington.
Yakima County Assessor's Parcel No. 181324 - 44432.
The parties have entered into previous use agreements for the Lion's Park Property, the
current agreement having been entered into September 18, 1986 and continuing in
effect.
F. The parties desire to enter into an agreement concerning supplemental
development and use of the Tennis Court Property and Lion's Park Property, as set
forth below.
11. AGREEMENT
WHEREFORE, in consideration of the mutual covenants, conditions, promises and
benefits herein, the parties agree as follows:
Section 1. Improvement Projects.
A. Tennis Court Property.
1. "Laydown Area" — Davis High School Construction. During the
course of the construction and renovation of A.C. Davis High
School ( "Davis High School "), the tennis courts shall be closed to
public use, and District shall have use of such property as an area
for deposit of construction materials associated with the Davis High
School project.
2. Construction of New Tennis Courts. At the conclusion of the
Davis High School project, District agrees to construct six (6) new
tennis courts comparable to the previously existing tennis courts
located as depicted in the architect drawings dated April 26, 2012
(Attachment A to this Agreement), at its sole cost and expense,
2
upon the Tennis Court Property. District is allocating up to
$283,000 for such construction, inclusive of tax. In the event
District's engineers and /or architects advise District that
construction costs will exceed such allocated amount, District and
City will confer and cooperate to identify possible means to reduce
construction costs, including but not limited to, revision of scope of
work, alternate construction methods, and alternate improvements.
District and City shall cooperate regarding the timing and
scheduling of such tennis court construction, and the design and
construction thereof shall be subject to applicable City development
standards, and review and approval by City. District shall obtain all
necessary permits for construction of such tennis courts.
B. Expansion of Parking Lot.
The existing parking lot serving the Tennis Court Property and the Lion's
Park Property shall be extended to the westerly property line of the Lion's
Park Property. The design, as depicted in architect drawings dated April
26, 2012 (Attachment A to this Agreement) and construction of such
expansion shall be at the sole cost and expense of the District. District is
allocating up to $219,000 for such construction, inclusive of tax. In the
event District's engineers and /or architects advise District that construction
costs will exceed such allocated amount, District and City will confer and
cooperate to identify possible means to reduce construction costs,
including but not limited to, revision of scope of work, alternate
construction methods, and alternate improvements. District and City shall
cooperate regarding the timing and scheduling of such parking lot
construction, and the design and construction of such parking lot
expansion shall be subject to applicable City development standards, and
review and approval by City.
C. Ownership of Improvements.
Upon completion of the improvements described above, and subject to
acceptance by City, such improvements and appurtenant fixtures shall
become the sole property of City. l
3
Section 2. Use and Maintenance.
A. Use of Facilities.
1. Tennis Courts. Upon completion of the new tennis courts,
District shall have the right to the exclusive occupancy, control and
use of the tennis courts during the hours of 8:00 a.m. to 4:00 p.m.
during school days, with the attendant right to exclude the general
public from the tennis courts during school hours. District shall
furnish signs and post the tennis court property in a manner
acceptable to City in order to notify the public of the District's
control and use of such premises during school days. During the
time designated for District's exclusive use, District shall be solely
responsible for supervision of all District students and all other
persons within and upon the Tennis Court Property.
At times other than the hours between 8:00 a.m. and 4:00 p.m.
during school days, District shall make the tennis courts open and
available for use by the general public consistent with City policies
and regulations applicable to other City parks. Exception: During
the WIAA tennis seasons the District shall have exclusive use of
the courts for tennis practices and matches. The general public will
have access to the tennis courts when there are no school tennis
practices or matches.
2. Lions Park. The parties agree that use of Lions Park, including the
pool, grounds, parking lot and associated parking spaces, shall be
subject to the sole control of City; Provided, however, that during
the school year, Monday through Friday, excluding holidays, and
during the WIAA tennis season, District shall have the right and
ability to enforce school rules on District's students within Lions
Park, the tennis courts and parking lot.
The parties by separate agreement may provide for the joint use of
other Lions Park facilities, including Lions Pool and the park
grounds. The "Lions Park Use Agreement" between the parties
dated September 18, 1986, and as amended thereafter, is hereby
superseded and replaced.
4
B. Maintenance of Facilities. City and District shall provide
maintenance of the above - described facilities as follows:
1. District Responsibilities during the school year, Monday through
Friday, excluding holidays, and during the WIAA tennis season:
(a) Sweep and clean tennis courts;
(b) Check tennis nets and adjust height during District use;
(c) Inspect tennis court facilities and report any vandalism and
damage to City;
(d) Pick up trash and empty garbage cans serving tennis courts
and parking lot daily.
2. City Responsibilities.
(a) Repair irrigation;
(b) Tree maintenance and mow grass, as needed;
(c) Tennis net repair and replace on days when such facilities
are not subject to District's exclusive use.
(d) Repair tennis court surface;
(h) Irrigate;
(e) Pick up papers and trash within Lions Park, and empty
garbage cans serving users of Lions Park as needed; and as
needed pick up trash and empty garbage cans serving the
tennis courts and parking lot on days when such facilities are
not subject to District's exclusive use;
(f) Check tennis nets and adjust height on days when such
facilities are not subject to District's exclusive use;
(g) Prune shrubs;
(h) Sweep and clean tennis courts on days when such facilities
are not subject to District's exclusive use.
Section 3. Indemnification and Hold Harmless.
A. Indemnification and Hold Harmless. City shall indemnify and hold
harmless the District and its elected officials, officers, agents or employees, or
any of them, from and against any and all claims, actions, suits, liability, loss,
costs, expenses and damages of any nature whatsoever, which are caused
by or result from a negligent action or omission of the City, its officers, agents
5
and employees, in performing its obligations pursuant to this Agreement. In
the event that any suit based upon such a claim, action, loss or damage is
brought against the District, or the District and the City, the City shall defend
the same at its sole cost and expense and, if final judgment is rendered, or
damages awarded, or other final settlement against District and its elected
officials, officers, agents and employees, or jointly against the District and City
and their respective elected officials, officers, agents and employees, City
shall satisfy the same including all chargeable costs and attorney fees in
accordance with Washington law.
District shall indemnify and hold harmless the City and its elected officials,
officers, agents or employees, or any of them, from and against any and all
claims, actions, suits, liability, loss, costs, expenses and damages of any
nature whatsoever, which are caused by or result from a negligent action or
omission of the District, its officers, agents and employees, in performing its
obligations pursuant to this Agreement. In the event that any suit based upon
such a claim, action, loss or damage is brought against the City, or the District
and the City, the District shall defend the same at its sole cost and expense
and, if final judgment is rendered, or damages awarded, or other final
settlement against the City and its elected officials, officers, agents and
employees, or jointly against the District and City and their respective elected
officials, officers, agents and employees, District shall satisfy the same
including all chargeable costs and attorney fees in accordance with
Washington law.
B. Notification of Claims. Each party to this Agreement shall promptly notify the
other of any and all claims, actions, losses or damages that arise or are
brought against that party relating to or pertaining to the property and projects
described in this Agreement.
C. Waiver of Immunity — Industrial Insurance. Each party agrees that its
obligations under this section extend to any claim, demand and /or cause of
action brought on behalf of any employees or agents. For this purpose, each
party, by mutual negotiations, hereby waives, with respect to the other party
only, any immunity that is otherwise available against such claims under the
Industrial Insurance provisions of Title 51 RCW, but only to the extent
necessary to indemnify the other party.
Section 4. Joint Administration — Acquisition of Property. This Agreement
and the performance thereof shall be jointly administered through the offices of the City
Manager of the City of Yakima and the Superintendent of the District, or their respective
designees. The parties do not intend to jointly acquire or manage any property. Costs,
expenses and disbursements of each party in the performance of this Agreement shall
be administered separately by each party. Acquisition of property by either party shall
be in accordance with the laws and procedures applicable to such party.
6
Section 5. Waiver and Amendments. Waiver of any breach or any term or
condition of this Agreement shall not waive any prior or subsequent breach. No term or
condition is waived, modified or deleted except by an instrument in writing signed by
both parties.
Section 6. Entire Agreement and Modifications. This Agreement and its exhibits
set forth the entire agreement of the parties with respect to the subject matter herein.
The parties may supplement the Agreement by addenda or amendments, when agreed
upon by both parties in writing. The parties shall attach copies of such addenda and
amendments and by reference incorporate them herein.
Section 7. Duration and Authority. This Agreement shall become effective upon
signature and authorization by both parties, and shall continue for an initial term of ten
(10) years, commencing upon the effective date ( "effective date ") herein and terminating
at midnight on December 31, 2024. Unless Notice of Nonrenewal is delivered as
provided below, this Agreement will be extended automatically for two additional ten
(10) year terms, with the first extension effective from January 1, 2025 through
December 31, 2034, and the second extension effective January 1, 2035 through
December 31, 2044. The party electing nonrenewal of the Agreement for any extended
term shall deliver written Notice of Nonrenewal, either by personal delivery or deposit in
the U.S. Mail, postage prepaid, to the other party at least 120 days prior to the
expiration of the then - current term. In the case of notice mailed, Notice of Nonrenewal
shall be deemed effective three (3) days after deposit in the U.S. Mail. Upon timely
delivery of such Notice of Nonrenewal, this Agreement shall be deemed terminated at
midnight December 31 of the then - current term.
Copies of the executed Agreement shall be filed with the Yakima County Auditor and
City Clerk, or otherwise posted as authorized pursuant to RCW 39.34.040.
Section 8. Termination of Agreement — Effect of Termination.
A. Termination. Upon termination the parties shall be deemed
restored to their positions as they existed prior to entering into the Agreement,
and each party shall be responsible for its costs incurred.
B. Effect of Termination. In the event this Agreement is terminated, the
improvements constructed, including but not limited to the new tennis courts and
parking lot, shall be deemed the sole property of City.
C. Indemnification and Tennis Court Use Not Affected by Termination.
The provisions of Section 3 pertaining to indemnification and hold harmless shall
survive termination of this Agreement.
Section 9. Severability. If any term or provision of this Agreement is found
invalid or unenforceable by a court of competent jurisdiction, the remainder of this
Agreement shall be enforceable and effective to the fullest extent permitted by law.
Further, the parties shall negotiate in good faith regarding amendments to this
Agreement that would effectuate the intent of any provision held invalid or not
enforceable.
Section 10. No Third -Party Beneficiary. Nothing in this Agreement is intended to
create any rights in any entity not a party to this Agreement nor is any person or entity
not named a party herein a third party beneficiary to this Agreement.
Section 11. No Public Official Liability. No provision of this Agreement nor any
authority granted by this Agreement is intended to create or result in any personal
liability for any public official or agent of a party, nor is any provision of this Agreement
to be construed to create any such liability.
Section 12. Assignment. The obligations in this Agreement are not subject to
assignment.
Section 13. Complete Agreement. This Agreement contains the complete
formulation of the parties with respect to the subject matter of this Agreement, and
supersedes the Lions Park Lease Agreement dated April 30, 1983, and the Lions Park
Lease Renewal Extension Agreement dated December 4, 1985, between the pia tie - ___
insofar as those agreements relate to use, control and maintenance of the Lions Park
property and the tennis courts, parking lot and playground improvements therein..
There are no representations, agreements, or understandings, oral or written, by the
parties relating to the subject matter to this Agreement that are not fully expressed in
this Agreement. Each party acknowledges and represents to the other party that it is
executing this Agreement solely in reliance upon its own judgment and knowledge and
that it is not executing this Agreement based upon the representation or covenant of
any other party, or anyone acting on such other party's behalf, except as expressly
stated herein.
8
Section 14. Notices. The parties shall provide notice required in the Agreement
to:
City of Yakima Yakima School District No. 7
City Manager Office of the Superintendent
129 North Second Street 104 North 4 Avenue
Yakima, Washington 98901 Yakima, Washington 98902
WHEREFORE, this Agreement is executed and effective upon the date signed by the
last party to sign below:
CITY OF AKIMA YAKIMA SCHOOL DISTRICT NO. 7
To l ' our -, City Manager Elaine Beraza, Superintendent
Date: ") Date: 7-02- /i
■ ST ATTEST:
&
40, .(/17//1/UPA.ki6W14:,
Sonya CIa.. Tee, City Clerk
ire �
e , i Jell 01i ,- L . Bet , Atin14 Asia-0d-
\
CITY CONTRACT NO:7' ,,
/ 3 ' ""
RESOLUTION NO: � " / </ 0
9
W. SPRUCE ST.
I I- �.�.. _L "'�� mi —L"'J OOFBU OW
L.�-- L. "U- ._.._1. =.k ...1...C...I..IL - J � " ' I I .1. p I�L �I ► et�.J U L ... ETCH •
7.. —.. - ..�. - L RCHlTECTS
I I I I a
I ' _j I l ...-.1.1110.1004,5111L14 �; w���� J t.. [ ,...=......
VFW I I I , , /
• I I i : ;;:r 7.LJI i a. 1 ° I I' �� roo _ • . m 1 N 4 N
1 -?< _ '-�.�'' r ... r
z : .-. - _�., ,S 7TH AVE—
• _ •
■ ... I it
Ill A
1 .. = i 111 ` _ , ul:unu L au
I ,•„
• ."
I a =j Building "C" w .06•712l. OK
• — , I NT= F " goroscoasra.r.uu,a+e _ ' s
I - :vi _. .... 1'12GSSF FOO lrrt
pa SLALOM ADDITION - _ ANnlni,tratlon /IJbrvY /CIYSroorr. _ RP El
▪ — I xe sr ulldin_ B" m —w. . . �; moe,o�a
- re r— C ::I nom. '" . 5 74 14 1 11 1 1 • ' ., dl's. ... ... •: s, --
6 a' Building "A" ....... _ N "
' .,, ..W ... — .so (60 VALLS)
gait – I f I VACSF G,wr... nip....... — :.E Building "•"
1 ( " ` — ...a.."45... ! ar ' 11 it,_. $ • x '011 1 1 i C - I
MI I 4 I .. : T ....�..... n"` n, ` . ` o "'^" � 5 r°°msu�c.c _' I A.0 Davis Hien School
1 • 1'I1ill 1 7 ""�""' a Modernizations and
Additions
---- •
. G ... —� �. , :Y .r ... u
! • " S fr : • — — °" ° —...: W �I . 1M'C u� : re. w.t::w ,7� = = — : : °1 : � :J I t : R , s :7' .1 ;:: 0: a. M .
•.,.J.sAH�!..1...l1!! � '^�i!!•• - ' SIVfiF.'R O ' OF �} Nu TI .e.e ....S F '
wN
f 1- - -1 _ - --. — r _, �� �— - *+_"•" - � - 1
=- s.8THAVE.– ...�H....a�
n 7') ••
'mil �.� .rr�
. i i T i Stte - Street
1 i �w I. ��� 1 1 I i i Va rSE EIVED
ir 11
I , , ao , oseo— I M ' Tennis Courts ! i l
' I Lions Pool o .1 m M I ,�I 1 I I I FEB 1 4 2012
I a I I I CITY OF YAKIMA
. MM - ----- -- I I u I
1 1 I .1 1 ' — ' "L.".' II
1
• I " Alley Way, Block 314 — Pe4-*or *F IP-- oa—
J !
1 I That portion of the alley way lying within Block 314, as shown on the Plat of Capitol Addition to North Yakima, now DOC. T3. 21
• .) Yakima, recorded in Volume "A" of Plats, page 29, records of Yakima County, Washington, lying northerly of the INDEX
r '1" I f Fl northerly right of way line of West Pine Street and southerly of the southerly right of way line of West Spruce Street.
Attachment A
f�
F x .11
4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.D.
For Meeting of: July 15, 2014
ITEM TITLE: Resolution authorizing execution of a Development
Agreement for Lions Park between the City of Yakima and
Yakima School District No. 7
SUBMITTED BY: Scott Schafer, Public Works Director
Ken Wilkinson, Parks & Recreation Manager, 576 -6416
SUMMARY EXPLANATION:
It is the desire of the City of Yakima (City) and the Yakima School District No. 7 (YSD) to enter
into a Development Agreement for improvements to Lions Park tennis courts and parking lot.
The two parties have established a beneficial partnership by entering similar agreements over
the years.
The Development Agreement defines the costs and usage of such facilities on behalf of the
YSD. YSD is responsible for the reconstruction of the tennis courts at a cost of $283,000;
allowing YSD exclusive rights to its usage during school hours and during WIAA practices and
matches. YSD is also responsible for maintenance of the tennis courts during the hours
designated for YSD. In addition, the Development Agreement outlines the responsibility of
YSD for the expansion of the City's parking lot at a cost of $219,000.
The City shall remain in sole control and ownership of Lions Park which includes the pool,
grounds, tennis courts and parking lot.
The Development Agreement has been attached for City Council review.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source /Fiscal N/A
Impact:
Strategic Priority: Partnership Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL: e AsbrtiVe, vb fiLf - City Manager
RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution authorizing the City Manager to
execute the Development Agreement for Lions Park between the City of Yakima and Yakima
School District No. 7.
ATTACHMENTS:
Description Upload Date Type
0 Resolution - YSD Agreement for Lions Park 7/2/2014 Resolution
0 Development Agreement with YSD for Lions Park 7/3/2014 Contract