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HomeMy WebLinkAboutR-2015-103 Sports Facility Management Amendment No.1 ; SOZO Sports of Central WashingtonRESOLUTION NO. R-2015-103 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: 0 Claar Tee, City Clerk Micah Cawley, (Viktor AMENDMENT No. 1 THIS AMENDMENT No. 1 (the "Amendment") is entered into effective the .2 3 y 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 Co By: I01° Tony O' Date: T� ke, City Manager APPROVED AS TO FORM: By: ATT 1�. By: utter, City Attorney SOZO SPORTS OF CENTRAL WASHINGTON, INC. A Not -for -Profit Washington Corporation By Date: -A0.2 Son Claar Tee, City Clerk City Contract No.: ;4-©/ — D 8' Resolution No: k' d O(5 /03 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 Or dinance: 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 SUBMIT TAL: City Manager RECOMMENDATION: Approve the Amendment No. 1. ATTACHMENTS: Description Upload Date Type Resolution-SOZO Soccer Agreement Amendment No. 7/17/2015 1 July 2015 SOZO Soccer Agreement-SOZO-FI NAL -AM ENDMENT 7/17/2015 -7 2015 Resolution Contract