HomeMy WebLinkAboutR-2022-040 Resolution authorizing Letter of Intent with the Greater Yakima Chamber of Commerce with regards to delay of Chamber improvements and conducting a parking feasibility studyRESOLUTION NO. R-2022-040
A RESOLUTION authorizing a Letter of Intent with the Greater Yakima Chamber of Commerce
with regards to delay of Chamber improvements and conducting a parking
feasibility study.
WHEREAS, the City of Yakima is evaluating possible development around the Yakima
Convention Center and Greater Yakima Chamber of Commerce; and
WHEREAS, the Greater Yakima Chamber of Commerce is evaluating upgrades to its
current building with anticipated start dates for construction in 2022; and
WHEREAS, the parties wish to evaluate possible development in the area and not have
the Greater Yakima Chamber of Commerce expend funds on improvements if other development
opportunities are feasible; and
WHEREAS, a feasibility study for a parking garage, which would facilitate additional
development, is underway and should be completed within six months; and
WHEREAS, the City Council finds that it is in the best interest of the City of Yakima and
its residents to enter into a Letter of Intent with the Greater Yakima Chamber of Commerce
wherein the City will have a feasibility study done for a parking garage and evaluate future
development and the Chamber will delay for approximately six months its improvements to its
facility; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council of the City of Yakima hereby authorizes the City Manager to execute the
Letter of Intent between the City of Yakima and the Greater Yakima Chamber of Commerce. The
Letter of Intent is attached hereto and fully incorporated herein.
ADOPTED BY THE CITY COUNCIL this 15th day of March, 2022.
ATTEST:
Sonya'Cla
p ,c
r Tee, City Clerk
244,11A-
Janice Decc
OFFICE OF THE ('IT}' (19ANAGER
129 :North Second .Street
('l7`} !CALL, Yakima, WoOli,tgtou 98901
Phone (509) 575-604o
March 2, 2022
Re, Letter of Intent Regarding a Feasibility Study for a New Parking Garage
This Letter of Intent represents an intent by the Greater Yakima Chamber of Commerce and the
City of Yakima to work together to evaluate the feasibility of a parking garage near the Chamber
building and the Yakima Convention Center, which could allow for development of the Chamber
property.
1. Description of the parties
The Greater Yakima Chamber of Commerce (hereinafter referred to as "Chamber") has been
serving the Yakima Valley for 125 years. It promotes pride in Yakima's diverse communities
through positive, active leadership aimed at creating a cohesive, successful business climate in
Yakima
The City of Yakima is a first-class charter city in Central Washington with a population of almost
97,000 The City owns the Yakima Convention Center, located a block from the Chamber,
including adjacent parking lots for convention attendees and visitors. There is interest in
evaluating whether additional development which would provide lodging and services for
convention attendees is feasible in the area. Feasibility of development depends. in part, on the
construction of a parking garage that would replace the surface parking lost by development.
2 Description of the project
The City. with funding from the Public Facilities District, intends to enter into a contractual
relationship with ECONorthwest wherein ECONorthwest will conduct a study to determine the
feasibility of building a parking garage to support the Yakima Convention Center and attract new
development to the current parking lot and Chamber space
3 Commitment
The City is committed to contracting with ECONorthwest and evaluating the feasibility study in a
timely manner. The Chamber currently has plans to improve its building, and agrees to put
those plans on hold for a short period of time so that the feasibility study can be conducted and
evaluated. If the City moves forward with a development, it will likely require the Chamber to
move from its location, so it is in the Chamber's interest to delay its improvement plans for the
short period of time in which the feasibility study is being done. Both the City and the Chamber
are committed to finding ways to bring more businesses, visitors, and conventions to the City of
Yakima
1
a City Obligation The City will agree to contract with ECONorthwest, administer
the contract and provide a copy of the feasibility study to the Chamber within ten (10) days of
receipt
There is no requirement that the City take any action other than an evaluation of the feasibility
study
b Chamber Obligations The Chamber agrees to refrain from constructing
improvements to the building for six (6) months from the date of this Letter of Intent to provide
ECONorthwest the time to conduct the feasibility study, and provide the City time to evaluate
the feasibility study At the end of the term of this Letter of Intent, the parties acknowledge that
the Chamber may move forward with constructing improvements it wishes in due course,
provided, nothing in this section restricts or limits the Chamber from planning, bidding or
conditionally arranging for the improvements during the six month limitation period
c No Waiver of Public Review or Process Nothing in this letter of intent or
subsequent agreements creates any obligation on the part of the city with regards to
determining a project for the properties surrounding the Chamber and Convention Center
owned by the City, engaging with any developer, issuance of permits, zoning approval, SEPA
outcomes or City permitting or planning determinations regarding any development The City
makes no representations as to issuance of any permit or decision associated with the project
This Letter of Intent does not bind members of the City Council to a specific vote on any project -
related matter that comes before it
The Chamber acknowledges that the actions required to fulfill the terms agreed upon herein
may be subject to public review, including votes by the City Council It is mutually understood
that this Letter of Intent does not eliminate these public processes, nor does it legally bind
members of the City Council to vote in a particular way on a given item The Chamber further
acknowledges that this agreement does not constitute an irrevocable commitment on the part of
the City to approve a project on the property, approve a parking garage, or otherwise approve
anything deemed feasible in the feasibility study, and does not foreclose the City from
considering alternatives to the project or mitigation measures identified as part of the
development review process or environmental review process
d Limitation on Assignment The Chamber acknowledges that the City's consent to
issue this Letter of Intent is based on the prior experience and qualifications of the Chamber
Therefore, the Chamber shall not assign, sell, or otherwise transfer any rights under this Letter
of Intent without the prior written approval of the City in its sole and absolute discretion
e Limitation of Remedies The parties are limited to the following exclusive rights
and remedies upon any breach or default of this Letter of Intent (1) termination of the Letter of
Intent, or (2) enforcement of this Letter of Intent by specific performance or injunctive relief
Neither party shall be responsible for any other monetary damages or other remedies not
expressly contemplated herein Both parties acknowledge that there is a risk that, subsequent
to the execution of this Letter of Intent, they will discover, incur or suffer Toss, damages or
injuries in connection with this Letter of Intent which are unknown or unanticipated at the time
that it is executed Each party hereby assumes this risk and understands that the limitations on
remedies set forth herein shall apply to all unknown and unanticipated losses, damages, or
injuries related to the matters released herein, as well as those known and anticipated
2
The parties hereby agree to release, indemnify, defend, and hold harmless each other, their
respective elected and appointed officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers from all liabilities and losses, damages, and expenses
related to all claims, suits, arbitration actions, investigations, and regulatory or other
governmental proceedings arising from or in connection with this Letter of Intent or the acts,
failures to act, errors or omissions, or any of their agents or subcontractors, in performance of
this Letter of Intent, except for claims caused by their sole negligence The mutual right to
indemnification includes attorney's'fees and costs associated with establishing the right to
indemnification hereunder in one or the other party's favor
f Termination
I Either party may terminate this Letter of Intent, without cause, upon giving
the other party thirty (30) days written notice
II This Letter of Intent will automatically terminate at the end of the six (6)
month period
g No Further Assurances/No Third -Party Beneficiaries This Letter of Intent is
expressly limited to the parties' respective commitments set forth above Neither party makes
any further assurance, promise or commitment of any kind or nature This Letter of Intent is
limited to the benefit of the parties, and there are no intended, or actual, third party
beneficiaries
h Notices Any notice, request or other communication to be provided by either
party shall be in writing and sent via first class mail, certified, postage prepaid, return receipt
requested, or by personal delivery, to the addresses listed below -
Modifications This Letter of Intent may be modified only by written agreement of
both parties Any such modifications are subject to all applicable approval processes required
by, without limitation, the City's Charter and laws
Construction This document shall be construed as if both parties had jointly
prepared it As a result, any rule of construction that a document is to be construed against the
drafting party shall not be applicable
k Complete Agreement This Letter of Intent contains the entire understanding and
agreement between the parties hereto with respect to the matters referred to herein No other
representations, covenants, undertakings, or prior or contemporaneous agreements, oral or
written, regarding such matters which are not contained, referenced, and/or incorporated into
this Letter of Intent by reference shall be deemed in any way, to exist or bind any of the parties
3
Approved by the Greater Yakima Chamber of Commerce Board on March , 2022.
Approved by the Yakima City Council on March lc:; 2022
GREATER YAKIMA CHAMBER OF
COMMERCE
S".
Verlynn Best xecutive Director
Greater Yakfrna Chamber of Commerce
10 North 9"h Street
Yakima, WA 98901
509-248-2021
Email: verivnrvir.vabsitna.orp
4
CITY OF YAKIMA
Robert }-Harrison, City Manager
City of Yakima
129 North 2nd Street
Yakima, WA 98901
509-575-6000
boh.liarrisoivaAaktimmd.v\
CITY c-n.7 ..1911017),T
RESOLUTION NO
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.G.
For Meeting of: March 15, 2022
ITEM TITLE: Resolution authorizing Letter of Intent with the Greater Yakima
Chamber of Commerce with regards to delay of Chamber
improvements and conducting a parking feasibility study
SUBMITTED BY: Sara Watkins, City Attorney
SUMMARY EXPLANATION:
The City and the Greater Yakima Chamber of Commerce "Chamber" have discussed the
possibility of development of property around the Yakima Convention Center which could include
development of the property on and around the Chamber. However, prior to any development,
adequate parking for the Convention Center and the Chamber needs to be evaluated and
addressed. The Chamber is currently looking to undertake improvements to its building. The
Chamber agrees to delay those improvements for six months during which a feasibility study will
be conducted to evaluate the feasibility of a parking structure near the property.
ITEM BUDGETED: No
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
0 Res -Yakima Chamber Ur of Intent 3/3/2022 Resolution
0 City & ChamberLetter of Intent 3/3/2022 Contract