HomeMy WebLinkAbout08/04/2015 07 Sports Facility Management Amendment No.1 ; SOZO Sports of Central Washingtonnun 11,1:1141r10
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.
For Meeting of: August 4, 2015
ITEM TITLE: Resolution authorizing amendment No. 1 to the SOZO Sports of
Central Washington Agreement to provide alternative means for
property acquisition and transfer
SUBMITTED BY: Jeff Cutter, City Attorney
SUMMARY EXPLANATION:
On April 9, 2015 the City entered into an Agreement with SOZO Sports of Central Washington to
cooperatively acquire property for, develop, manage and operate a premier soccer/multi-sport campus and
indoor sports facility to serve the citizens of the City and its surrounding area. Since entering into that
Agreement the parties have determined that more flexibility in the manner of property acquisition for the
facility would benefit the interests of development. To provide that additional flexibility the parties have
proposed AMENDMENT No. 1 to the Agreement that would allow for an assignment of the initial property
purchase to a third party entity from whom the City would ultimately purchase the property as described in
the original Agreement. All other aspects of the Agreement shall remain as originally stated therein.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: No Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Approve the Amendment No. 1.
ATTACHMENTS:
Description
Resollutlion-SOZO Soccer Agreement turnendment No,. 1
Ily 2015
SOZO Soccer Agreernent-SOZO-ANA11...,AMEINDMEINT-
7 2015
Upload Date
7/.17/.2015
7/.17/.2015
Type
IResollutlion
Contract
RESOLUTION NO. R -2015-
A RESOLUTION authorizing the City Manager to execute AMENDMENT No. 1 to the SOZO
Soccer Agreement to provide clarification on the property acquisition and
transfer arrangement to facilitate the intent of the parties.
WHEREAS, the City and SOZO Sports of Central Washington entered into a
development, management and operation agreement for a premier soccer/multi-sport campus
and indoor sports facility to serve the citizens of the City of Yakima and the Yakima area on
April 9, 2015; and
WHEREAS, the Agreement between the parties identified a plan for property
acquisition, transfer and lease to accommodate the development of the proposed soccer
complex; and
WHEREAS, in the interest of accommodating an opportunity for alternative means of
property acquisition to serve the soccer facility that may require a modification of the initially
proposed property transactions set forth in the present Agreement the parties desire to amend
the language of the Agreement to permit assignment of the property purchase and transfer
responsibilities solely to allow greater flexibility in the purchase and development of the
property; and
WHEREAS, the City Council finds it to be in the best interest of the City to amend the
original Agreement to permit an alternative course of property acquisition and transfer as set
forth in the attached and incorporated AMENDMENT No. 1 to the Agreement between the City
and SOZO Sports of Central Washington; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated AMENDMENT No. 1 to the Agreement between the City and SOZO
Sports of Central Washington to provide for alternative means for property acquisition and
transfer to best accommodate the development of the Sports Complex .
ADOPTED BY THE CITY COUNCIL this 4th day of August, 2015.
ATTEST: Micah Cawley, Mayor
Sonya Claar Tee, City Clerk
AMENDMENT No. 1
THIS AMENDMENT No. 1 (the "Amendment") is entered into effective the day of August, 2015 for
the purpose of amending that certain AGREEMENT entered into on April 9, 2015, by and between the City of
Yakima, a Washington municipal corporation ("City") and SOZO Sports of Central Washington, Incorporated, a
Washington non-profit corporation ("SOZO") (the "Agreement"). The City and SOZO are referred to in the
Agreement as the "Parties".
1. Authority. This Amendment is in accordance with Section 9.13 of the Agreement.
2. Substitution of Seller. City agrees that SOZO may assign its purchase of the property described in
Section 1.1 and Exhibit A of the Agreement (the "Property") to a third party. In the event of such assignment, City
agrees to purchase the property identified in the Agreement as the "Yakima Sports Park", from such assignee upon
the same terms and conditions as those set forth in the Agreement as if the seller were SOZO. City further agrees
that such assignment will have no other effect on the terms and conditions of the Agreement and City affirms its
performance thereof.
3. Remaining Provisions. Except as specifically set forth herein, the remaining provisions of the
Agreement are ratified by the Parties.
4. Counterparts. This Amendment may be executed simultaneously in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, this Amendment has been entered into between the City of Yakima and SOZO Sports of
Central Washington as of this day of August, 2015.
CITY OF YAKIMA
A Washington Municipal Corporation
SOZO SPORTS OF CENTRAL
WASHINGTON, INC.
A Not -for -Profit Washington Corporation
By: By:
Tony O'Rourke, City Manager
Date: Date:
APPROVED AS TO FORM:
By:
Jeff Cutter, City Attorney
ATTEST
By:
Sonya Claar Tee, City Clerk
City Contract No.:
Resolution No.: