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R-1993-147 J.M. Perry / Soccer
RESOLUTION NO. R-93- 147 A RESOLUTION authorizing the execution of a lease with J.M. Perry Institute of Trade Industry and Agriculture and the Harriet L Perry Trust for the lease of property located_ at 16th Avenue and Washington Boulevard for use as a soccer playfield and authorizing the execution of a soccer field use agreement with the Yakima Youth Soccer Association for the development of the property for use as a soccer playfield. WHEREAS, the Harriet L Perry Trust owns undeveloped agriculture property located in the vicinity of 16th Avenue and Washington Boulevard within the City of Yakima; and WHEREAS, the City needs additional soccer playfields for public use and desires to develop and maintain such soccer fields on said property in conjunction with Yakima Youth Soccer Association; and WHEREAS, Yakima Youth Soccer Association is in need of additional soccer playfields and is willing to develop the J.M. Perry site for that purpose, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated J.M. Perry Soccer Complex Lease Agreement and Soccer Field Use Agreement. ADOPTED BY THE CITY COUNCIL this21st day of December , 1993. if ATTEST: Mayor , c._ City Clerk (1slres/JM Perry jw PARTIES: RECITALS: SOCCER FIELD USE AGREEMENT City of Yakima ("City"); Yakima Youth Soccer Association ("YYSA"). WHEREAS, the City has leased certain property for use as soccer play fields from the Harriet I. Perry Trust, ("J.M. Perry"), which property is located in the vicinity of 16th Avenue and Washington Boulevard; and WHEREAS, the City needs additional soccer play fields for public use, and desires to develop and maintain such soccer fields on said property in conjunction with YYSA; and WHEREAS, the City and YYSA need and can provide mutual assistance in the maintenance of such soccer fields once they are developed; now, therefore, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Development and Maintenance of Soccer Fields: The City hereby grants YYSA a license for the use of property, a description of which is attached hereto as Exhibit 1 and as further depicted on Exhibit 1-A, incorporated by this reference herein (the "Leased Premises"), leased by the City from J.M. Perry for the development and maintenance of soccer play fields. 2. Term: The term of this Agreement shall be ten years from the date of execution by the parties hereto (the "Term"), subject to earlier termination pursuant to paragraph 10 below. 3. Renewal: YYSA shall have the right to renew this Agreement for two additional five-year terms after the initial ten year term. Said renewal shall be automatic, unless the City shall give written notice at least 120 days prior to the end of any term of its intent to terminate this Agreement at the end of such term. 4. Consideration: The consideration due under this Agreement shall be as follows: 4.1 Development and Maintenance of Soder Fields. By December 31, 1993, YYSA shall commence development of soccer play fields upon the Leased Premises, and shall thereafter maintain and operate soccer play fields on the Leased Premises. Soccer Field Use Agreement - 1 4.2 Public Use of Property: YYSA shall allow the public at scheduled and convenient times to use the soccer play fields on the Leased Premises for the purposes set forth in paragraph 6 below. 4.3 Signs: Upon development of such play fields, YYSA shall install and maintain signs upon the premises informing members of the public concerning hours of play, rules and regulations, and parking as set forth in paragraph 7 below, and information concerning other parking use upon request by J.M. Perry. 4.4 Rent: Except as provided in paragraphs 4.1 - 4.3 above, no rent shall be due the City during the term of this Agreement. 5. City's Duties: 5.1 Maintenance of Property: Pending development of said soccer play fields, the City shall at its expense cut and otherwise maintain the alfalfa field on the premise, and shall regularly thereafter mow, water, and fertilize said soccer fields upon written notification by YYSA to the City's Parks and Recreation Director that such fields have been developed and require the maintenance provided under this provision. 5.2 Signs: Upon development of said play fields, YYSA shall erect a suitable sign designating the name of the play fields to be the "J. M. Perry Soccer Complex." 5.3 Sprinkler System: YYSA shall provide and maintain a piping an sprinkler system for water to be provided by J.M. Perry, -P-remises' 5.4 Sanitary Facilities: The City shall, at its expense, provide sufficient portable toilet facilities on the Leased Premises to meet sanitary needs during times of soccer play. 5.5. Regulation: The City may make reasonable rules and regulations governing the use and maintenance of the Leased Premises. 6. Use of Soccer Fields: YYSA, those affiliated with YYSA, students at J.M. Perry and the City may use the Leased Premises for soccer play. YYSA and the City may also permit the general public to use the Leased Premises for soccer play. The Leased Premises must be used solely for soccer or other similar nonprofit, character -building activity, and may at no time be used for any other purpose during the term of this Agreement or any extension thereof. YYSA's use granted herein shall have priority over other uses herein provided. Soccer Field Use Agreement - 2 7. Parking YYSA, those affiliated with YYSA and the general public may use J.M. Perry's vehicle parking lots adjacent to the Leased Premises and located at 2011 West Washington Blvd.(the "Parking Lot"), for the purpose of vehicle parking during play field use after 5:15 p.m. on weekdays and after 9:00 a.m. on weekends and holidays. YYSA shall not permit any other vehicle parking on the Leased Premises. 8. Indemnification: YYSA shall at all times develop, maintain, operate and use the Leased Premises and the Parking Lot in a safe and legal manner. Lessee shall be responsible for all acts thereon, and shall hold the City harmless and indemnify and defend the City against any and all claims or actions of any kind arising from such development, maintenance, operation or use pursuant to this Agreement, or otherwise arising out of Lessee's use and occupancy of Lessor's property, including reasonable attorney fees and costs. 9. Insurance: YYSA shall obtain liability insurance with a limit of one million dollars ($1,000,000.00) per occurrence to cover its activities upon said soccer fields, and shall cause the City of Yakima, its agents, employees, and officers, and J.M. Perry, to be named as additional insured under such policy of insurance. In addition, YYSA shall provide property damage insurance in an amount not less than $ 50,000.00. 10. Termination: Either party to this Agreement may terminate the Agreement at any time prior to the end of the Term for any reason by giving the other party sixty (60) days' written notice at the addresses written below. Upon termination at any time of this Agreement pursuant to this paragraph or paragraph 2 above, all improvements located on the Leased Premises shall become the property of J.M. Perry; provided, however, that YYSA may reclaim bleachers, sprinkler heads, timers and associated irrigation equipment together with soccer goals. Upon termination, neither party hereto shall be required to return the Leased Premises to its original condition, except that YYSA shall return the leased premises in a good and reasonable condition and state of repair. 11. Default: In the event of default in any of the terms or conditions of this Agreement, the non -defaulting party shall give notice in writing of such default to the defaulting party. The party in default shall then have 60 days within which to cure such default. In the event such default is not cured within such 60 days, this Agreement shall terminate 60 days from the date of receipt of notice of default by the defaulting party. Upon termination of the Agreement pursuant to this paragraph, all improvements located on the Leased Premises shall become the property of the City. Soccer Field Use Agreement - 3 12. Notice: All notices given pursuant to this Agreement shall be in writing and shall be deemed completed by sending the same to the addresses set forth below, U.S. registered mail, postage prepaid, return receipt requested. 13. Partial Invalidity: If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced as written to the fullest extent permitted by law. 14. Governing Law; Venue; Attorneys' Fees: This Agreement shall be governed by the laws of the State of Washington. Venue shall be in the Yakima County Superior Court. In any court suit or action brought by either party concerning this Agreement, the court shall award to the prevailing party reasonable attorneys' fees in addition to costs allowed by law, and the other party agrees to pay the same. 15. Assignment: YYSA shall not assign any rights or interests it has in this Agreement without the written consent of the City, and of J.M. Perry. 16. Entire Agreement: This Agreement contains the entire integrated agreement between the parties hereto Modification shall be by mutual consent of the parties and in writing. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Yakima, Washington, on this .� tv`- day of , 1993. CITY OF YAKIMA Richard A. Zais, Jr., City Manager 129 North Second Street Yakima, WA 98901 Attest: City Clerk hgb .ysa4.agr 121793 Soccer Field Use Agreement - 4 YAKIMA YOUTH SOCCER ASSOCIATION, INC. A Washington on -Profit Corporation By Wain; J• ckson Its Pres .-nt Address c/o Yakima Youth Soccer Association P.O. Box 9336 Yakima, WA 98909 EXHIBIT I DESCRIPTION: The South half of the Southeast quarter of the Township 13 North, Range 18 E.W.M., EXCEPT that portion lying Southwesterly of the AND EXCEPT the West 195 feet as measured at ri the West line thereof, AND EXCEPT the East 665.82 feet, as measured along the North line with the East line thereof, AND EXCEPT the South 30 feet thereof for road., Northeast quarter of Section 35, Wide Hollow Creek, ght angles to and parallel with AND and parallel The East 665.82 feet, as measured along the North line and parallel with the East line, of the South half of the Southeast quarter of the Northeast quarter of Section 35, Township 13 North, Range 18 E.W.M., EXCEPT the North 310 feet, as measured along the East line and parallelwith the North line thereof, AND EXCEPT the East 240 feet of the South 240 feet thereof, AND EXCEPT the South 30 feet for road AND EXCEPT the East 30 feet thereof for road., AND Lot 4 of that certain Short Plat recorded in Book 85 of Short Plats, Page 82, under Auditor's File No. 2734197, records of Yakima County, Washington. END OF EXHIBIT I ETERY Z-2 TAHO[A AYE R- as ate. R.T,a J.M. PERRY INSTITUTE 9GT0H AVE [ [ASHIN Tik A E� 1' 1 1 1 1 1 1 1111111111 riP Dale SPOKA C /: Kum 11111111114 NEM 7-r\6-41 M-�3 CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE No: UAZO (CL) i';-93 APPLICANT: J.M. PERRY INSTITUTE REQUEST: DEVELOPE PARCEL FOR REC FAC/PARK LOCATION: NW INTERSECTION OF 16TH AVE/WASHINGTON 1 1 1 4 • .• • 111 R-3 .•. • Seal. - 1 ' 400 0 X41 200 400 Subject area City Limits Zoning Boundq y 1 0 !MeV ; Num. • e.... ..... I -.. -L . r• ti , I I : . r • • • I •• . I elqtj 4-44_17 I I . ...) ..f.- -\\\ ,;;:, r'45.6,...tAn..17-!:.014"": . i , 1 , .., • ., feoccer— map 1 , , .1, 4 PI 0.0 a I I rIt•W ..,..--',,...gli•o• • .,ii I ibo'sli•o' 1 ib0)(440. / . / / I 11 1 I j,(' .• 1 i 9d6rwareshAwir I I • 11 \ 1 . 1 ,.. . i ‘ . / / •••• 4 1 I 1 ..oite GOO CAM A. I \ ! e / ... , I 1 , ••%. v.^ 1 / -.•11 1 .' I I, mt....re" re: ..t A-• Az ,.i..6,*_ __ __ _•__} .7 '. r90•0 .4° I ./' ;) i• .1 . i • 10110-0 4- *<-... . i 1 • ; . • iig, • 1-.Vect i • 'A ; 1 • i i i , . 1 -k-ig-• •—..... WI' .0.../.." ••••• ....!........... VA,' OA. .. .T.0,404. IOW Avet$1... ‘rM. to. too. • — • • • - - —" 7.7..7.77:, OWL "a waist. ‘10.4.40,1 NrtrigOIGCritt, 101000.404T M A P lo 1100.0.0••••• • 1-- pRocf.1 American Insurance Brokers, Ltd. P.O. Box 19260 Attie, WA. 98109 CERTIFICATE OF INSURANCE INSusE0 I ❑ 12-17-93 THIS CERTIFICATE ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. United States Youth Soccer Assoc. Washington State Youth Soccer Assoc. 14900 Interurban Avenue South, S#120 Seattle, WA. 98168 COMPANIES AFFORDING COVERAGE COMPANY LETTER A Transamerica Insurance Co. COMPANY ea LETTER COMPANY C LETTER COVERAGES THIS IS 7o CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN iSSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER)OD IN. DICATEC, NatWITHSTAN0 NG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERIAIN.1HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI. TION$ QF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. LTR TYPE OF INSURANCE A General Liability a Commercial General Liability ❑ Claims Made 0 Occur. ❑ Owner's & Contractors Prot. POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/DDtYY) DATE {MM/DD/YY} LIMITS (in thousands) SSP36100857 09/01/93 09/01/94 General Aggregate Products-Comp/Ops Aggregate Personal & Advertising Injury Each Occurrence Fire Damage (Any one ?Ire) $ NONE $ 1,000, $ 1,000, $ 1,000, S 50, Medical Expense (Any one person) $ 5, Participant Legal Liability g 1,000, Automobile Liability r� Any auto ❑ All owned autos ❑ Scheduled autos A� ER Hired autos ® Non -owned autos 0 Garage Liability 0 SSP36100857 09/01/93 09/01/94 Excess Liability 0 Other than Umbrella form Comma Single Limit Bodily Intury tiler person) Bonny Inlury (pe( accident) $ 000,_ S $ property Carnage Each Occurrence $ $ Aggregate Workers' Compensation and Employers' Liability Statutory Each Accidont Participant Accident SAMPLE $ Disease -Policy Limit $ Disease -Earn Employee AD&D $ Primary Medical Excoss Modica! $ DESCSIPTION Off brERAt1ONS/LOCATIONS+VEHICLES /RESTAICTIONS,SPEC1At iTC+nS Use of fie] ds It is agreed that City of Yakima l a an Wookey Indemnity $ X additional insured. CERTIFICATE HOLDER Yakima Youth Soccer Assoniation CANCELLATION rdashington Sate Ycrut.ti Soccer Association SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR 10 MAIL _.311_ DAYS WRITTEN NOTICE 10 THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS ESENTATIVES. Richard reen .39 1-92 J. M. PERRY SOCCER COMPLEX LEASE AGREEMENT PARTIES: LESSOR: Harriet I. Perry Trust, ("J.M. Perry"). LESSEE: City of Yakima (the "City"). RECITALS: WHEREAS, Lessor operates a technical training school, known as Perry Technical Institute, and owns undeveloped, agricultural property, both of which are located in the vicinity of 16th Avenue and Washington Boulevard, within the City of Yakima; and WHEREAS, Lessor, by and through its Trust, is engaged in character building of boys and girls under the age of eighteen through educational programs, and desires to continue such activity; and WHEREAS, Lessor desires for Lessee to develop and maintain, in conjunction with Yakima Youth Soccer Association ("YYSA"), a Washington non-profit corporation, or other similar organization, said agricultural property into soccer play fields for the recreational character building of present and future students of J. M. Perry and the residents of the City of Yakima; and WHEREAS, Lessor knows and understands that such development and maintenance must be undertaken with donated money, volunteer assistance, and assistance from the Lessee since YYSA has limited soccer field development funds to use for development of athletic facilities; now, therefore, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Lease: Subject to the terms and conditions of this Agreement, Lessor hereby leases and Lessee hereby takes the premises situate -d in Yakima County, Washington, described in Exhibit 1. and as further depicted on Exhibit 1-A, which are attached hereto and incorporated herein by this reference (the "Leased Premises"). 2. Term: The term of this Lease shall be ten years from the date of execution by the parties (the "Term"), subject to earlier tetinination pursuant to paragraph 9 below. J.M. Perry Soocer Complex Lease Agreement - 1 3. Renewal: Lessee shall have the right to renew this Agreement for two additional five-year terms after the initial ten year term. Said renewal shall be automatic, unless Lessor shall give written notice at least 180 days prior to the end of any term of its intent to terminate this Lease at the end of such term. 4. Consideration: The consideration due under this Agreement shall be as follows: 4.1 Development and Maintenance of Soccer Fields. Lessee shall develop, build or cause to be built and developed, and otherwise maintain and operate soccer football play fields on the Leased Premises for the primary purpose of providing soccer playing fields for Lessor's students as a means of providing character building, all as contemplated in RCW 84.36.030(3). Pending development of said park, Lessee shall at its expense cut and otherwise maintain the alfalfa field on the premise. 4.2 Signs: Upon development of said play fields, Lessee shall erect a suitable sign designating the name of the play fields to be the "J. M. Perry Soccer Complex." 4.3 Sprinkler System: Lessee shall provide and maintain a piping and sprinkler system for water to be provided by Lessor pursuant to Paragraph 6 below. and shall provide materials or the cost of materials for maintaining the existing pump serving the Leased Premises. 4.4 Sanitary Facilities: Lessee shall, at its expense, provide sufficient portable toilet facilities on the Leased Premises to meet sanitary needs during times of soccer play. 4.5 Rent: Except as provided in paragraphs 4.1 - 4.4 above, no rent shall be due Lessor during the term of this Lease. 5. Use of Soccer Fields: Lessor's students, Lessee and anyone using the Leased Premises under permission of Lessee, may use such play fields for soccer play_ The Leased Premises must be used solely for soccer or other similar nonprofit, character -building activity, and may at no time be used for any other purpose during the term of this Lease or any extension thereof. 6. Lessor's Duties: Lessor, at its own expense, shall maintain the existing pump serving the Leased Premises and provide and pay for sufficient irrigation water for the irrigation of said play fields. J.M. Perry Soccer Complex Lease Agreement - 2 7. Regulation/Care of Property: Lessee shall make reasonable rules and regulations governing the use of said play fields. Lessor shall at all times maintain, or cause to be maintained, the premises in a neat, sanitary, clean and reasonable condition and state of repair. Lessee shall be fully responsible for scheduling the use of said playfields, and only scheduled use shall be permitted. A copy of the rules and regulations, and usage schedule(s), shall be provided to Lessor. 8. Parking: Lessor shall allow Lessee and those using the fields or attending games under license. sublease, permit or other agreement. to use Lessor's vehicle parking lots adjacent to the Leased Premises and located at 2011 West Washington Blvd. (the "Parking Lot"), for the purpose of vehicle parking during play field use after 5:15 p.m. on weekdays and after 9:00 a.m. on weekends and holidays. Lessee shall provide and install a suitable sign containing this information and, upon Lessor's request, information concerning other parking use and restrictions. Lessee shall not permit any vehicle parking on the Leased Premises. Access to and from the parking lot and playfields shall be limited to along Washington Avenue only and not across J.M. Perry's adjacent property. 9. Termination: Either party hereto may terminate this Lease at any time prior to the end of the Term, or any extension thereof, for any reason by giving the other party written notice of such termination. Termination shall become effective 180 days following receipt of such written notice of termination. Upon termination at any time of this Lease pursuant to this paragraph or paragraph 2 above, all improvements located on the Leased Premises shall become the property of Lessor; provided, however, that Lessee may reclaim bleachers, sprinkler heads, timers and associated irrigation equipment together with soccer goals, and portable toilet facilities. In the event of a termination pursuant to this paragraph or otherwise, Lessee shall not be required to return the Leased Premises to its original condition, except Lessee shall return the premises in a good and reasonable condition and state of repair. In the event of termination for any cause, Lessee shall terminate, upon the requisite notice, any use or other agreements entered into between Lessee and any other party for use of the Leased Premises. 10. Default: In the event of default in any of the terms or conditions of this Agreement, the non -defaulting party shall give notice in writing of such default to the defaulting party. The party in default shall then have 60 days within which to cure such default. In the event such default is not cured within such 60 days. this Agreement shall terminate 60 days from the date of receipt of notice of default by the defaulting party. Upon termination of the Lease pursuant to this paragraph, all improvements located on the Leased Premises shall become the property of Lessor; provided, however, that Lessee may reclaim bleachers, sprinkler heads, timers and associated irrigation equipment and soccer goals. Lessee shall not be required to J.M. Perry Soccer Complex Lease Agreement - 3 return the Leased Premises to its original condition, except Lessee shall return the premises in a reasonable condition and repair. 11. Indemnification: Lessee shall at all times develop, maintain, operate and use the Leased Premises and the Parking Lot in a safe and legal manner. Lessee shall be responsible for all acts thereon, and including J.M. Perry's adjacent property and improvements thereon, and shall hold Lessor harmless and indemnify and defend Lessor against any and all claims or actions of any kind arising from such development, maintenance, operation or use pursuant to this Lease, or otherwise arising out of Lessee's use and occupancy of Lessor's property, including reasonable attorney fees and costs. 12. Insu ancv.: Unless Lessee is at all times self-insured for liability purposes, Lessee shall provide proof of liability insurance in an amount not less than one million dollars ($1,000,000.00) per occurrence. and shall cause Lessor to be named as additional named insured on any such policy. Unless Lessee is self-insured for property damage insurance, Lessee shall provide proof of property damage insurance in an amount no less than fifty thousand dollars ($50,000.00). 13. Taxes and Assessments: Lessor, or Lessee in behalf of Lessor, shall upon execution of this Agreement apply for an exemption from state property tax under the terms of RCW 84.36.030(3). In the event such exemption is not granted, this Agreement shall terminate upon 30 days' notice of denial of such exemption. In the event this Lease terminates prior to the end of the ten-year term hereof, all taxes and penalties due or assessed shall be the responsibility of Lessor. 14. Notice: All notices given pursuant to this Agreement shall be in writing and shall be deemed completed by sending the same to the addresses set forth below, U.S. registered mail. postage prepaid, return receipt requested. LESSOR: Harriet I. Perry Trust cio Terry C. Schmalz Halverson & Applegate, P.S. P.O. Box 526 Yakima, WA 98907-0526 LESSEE: City of Yakima Richard A. Zais, Jr., City Manager 129 North Second Street Yakima, WA 98901 15. Partial Invalidity: If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or J.M. Perry Soccer Complex Lease Agreement - 4 unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced as written to the fullest extent permitted by law. 16. Governing Law; Venue; Attorneys' Fees: This Agreement shall be governed by the laws of the State of Washington. Venue shall be in the Yakima County Superior Court. In any court suit or action brought by either party concerning the Lease, the court shall award to the prevailing party reasonable attorneys' fees in addition to costs allowed by law, and the other party agrees to pay the same. 17. Assignment: Lessee shall not assign, sublease, rent or license its interest in this leasehold estate, without the prior written consent of Lessor. Lessor hereby consents to a license to be granted to YYSA contemporaneously herewith. 18. Entire Agreement: This Agreement contains the entire and integrated agreement between the parties hereto. Modifications to this Agreement shall be by mutual consent of the parties and shall be in writing. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Yakima, Washington, on this i day of 1 iXv k3L`! , 1993. LESSOR LESSEE HARRIET I. PERRY 'TRUST: CITY OF YAKIMA By /.��� ' c/ By Richard A. Zais, Jr., City Manager By By Richard R. Matson, Trustee Terry C. Schmalz, '' ustee A. C. Lighthall, Jr., Trus' -e J.M. Perry Soccer Complex Lease Agreement - 5 Attest: City Clerk cm T G Kfl. e -! I K-� '- i 7 7 STATE OF WASHINGTON ) ss. County of Yakima I certify that I know or have satisfactory evidence that Richard R. Matson, Terry C. Schmalz and A.C. Lighthall, Jr., are Trustees for the Harriet I. Perry Trust, and are the people who appeared before me acknowledging that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. DATED this -2-19- day of rev121693 tcs:mf J.M. Perry Soccer Complex Lease Agreement - 6 Nalvthei , 1993. Jolu NOTARY PUBLIC in and for e tate of Washington, residing at My Commission expires: EXHIBIT I DESCRIPTION: The South half of the Southeast quarter of the Northeast quarter of Section 35, Township 13 North, Range 18 E.W.M., EXCEPT that portion lying Southwesterly of the Wide Hollow Creek, AND EXCEPT the West 195 feet as measured at right angles to and parallel with the West line thereof, AND EXCEPT the East 665.82 feet, as measured along the North line and parallel with the East line thereof, AND EXCEPT the South 30 feet thereof for road., AND The East 665.82 feet, as measured along the North line and parallel with East line, of the South half of the Southeast quarter of the Northeast of Section 35, Township 13 North, Range 18 E.W.M., EXCEPT the North 310 feet, as measured along the East line the North line thereof, AND EXCEPT the East 240 feet of the South 240 feet thereof, AND EXCEPT the South 30 feet for road AND EXCEPT the East 30 feet thereof for road., AND the quarter and parallel with Lot 4 of that certain Short Plat recorded in Book 85 of Short Plats, Page 82, under Auditor's File No. 2734197, records of Yakima County, Washington. END OF EXHIBIT I 1 r r" CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE NO: UAZO (CL) 2#8-93 APPLICANT: J.M. PERRY INSTITUTE REQUEST: DEVELOPE PARCEL FOR REC FAC/PARK LOCATION: NW INTERSECTION OF 16TH AVE/WASHINGTON Seel' - 1 1 400 0 200 400 Subject area City Limits Zoning Boundowo, k'il . • . •••••••••... .II OW • .... ..: 1 . .4.1.....40.— &PAW i ItUttl, 1 _,• 0,,,N . . .i..r. r — - - - - 1, r • ... • • > \ i 1 1 .4111t w . -41k1.:... ....• .14 .iir Ill \ .1 J -4-I Oftlat. I I t ...--t cdttektratc. ..••• - .: I.:. \ .0,. 10.0,0,0„,,,x4rii. (14144,10.4.1 i .... •, • • i• 101.0(.01016- rigal0 1 i ' ...• 1 •, .. , < \ . / . ! 46111. SP4104.1, 4:110,00111 S716797: P.0 d %to. prt4co • ;I:L , 1 160.$4*/). . •-to/ • - • .••• I .• .4.6 , . , , i 1 •• , , .‘..... 1 .• i .0.• A. ...., - 'l• 1, 11 • I- 1,i woo £U!. \ 1 / / 1 I • / . .- 4 1 - -_i t- 1 •,fttos.0. 01-# 4. 11•0411 tile' , IA r - - - - - - -- -I , ;II1, 4' 11 1 . r.t.oegx.0eot+s t ., i• .. . . 11 ' 11 i .1 1 4 -01 - gr., ..., Ar. Ur.. .r. wir",......... ,ftre....1• =LT" t• .4‘.<67.•' - ittl row %maw( • 1 40 WNW ,416.W IrRiere4Irelt 1 1 ! 0 ---.000,04.• vt4.4-k re too' - eloutAtb4r p..f.4~0.404%. MAP (thcr "To ' ••••••••••••••••••••••••••••••• 1440zoott4t •1 SOCCER F1ELD USE AGREEMENT PARTIES: City of Yakima ("City"); Yakima Youth Soccer Association ("YYSA"). RECITALS: WHEREAS, the City has leased certain property for use as soccer play fields from the Harriet I. Perry Trust, ("J.M. Perry"), which property is located in the vicinity of 16th Avenue and Washington Boulevard; and WHEREAS, the City needs additional soccer play fields for public use, and desires to develop and maintain such soccer fields on said property in conjunction with YYSA; and WHEREAS, the City and YYSA need and can provide mutual assistance in the maintenance of such soccer fields once they are developed; now, therefore, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Development and Maintenance of Soccer Fields: The City hereby grants YYSA a license for the use of property, a description of which is attached hereto as Exhibit 1 and as further depicted on Exhibit 1-A, incorporated by this reference herein (the "Leased Premises"), leased by the City from J.M. Perry for the development and maintenance of soccer play fields. 2. Term: The term of this Agreement shall be ten years from the date of execution by the parties hereto (the "Term"), subject to earlier termination pursuant to paragraph 10 below. 3. Renewal: YYSA shall have the right to renew this Agreement for two additional five-year terms after the initial ten year term. Said renewal shall be automatic, unless the City shall give written notice at least 120 days prior to the end of any term of its intent to terminate this Agreement at the end of such term. 4. Consideration: The consideration due under this Agreement shall be as follows: 4.1 Development and Maintenance of Soccer Fields. By December 31, 1993, YYSA shall commence development of soccer play fields upon the Leased Premises, and shall thereafter maintain and operate soccer play fields on the Leased Premises. Soder Field Use Agreement - 1 4.2 Public Use of Property: YYSA shall allow the public at scheduled and convenient times to use the soccer play fields on the Leased Premises for the purposes set forth in paragraph 6 below. 4.3 Signs: Upon development of such play fields, YYSA shall install and maintain signs upon the premises informing members of the public concerning hours of play, rules and regulations, and parking as set forth in paragraph 7 below, and information concerning other parking use upon request by J.M. Perry. 4.4 Rent: Except as provided in paragraphs 4.1 - 4.3 above, no rent shall be due the City during the term of this Agreement. 5. City's Duties: 5.1 Maintenance of Property: Pending development of said soccer play fields, the City shall at its expense cut and otherwise maintain the alfalfa field on the premise, and shall regularly thereafter mow, water, and fertilize said soccer fields upon written notification by YYSA to the City's Parks and Recreation Director that such fields have been developed and require the maintenance provided under this provision. 5.2 Signs: Upon development of said play fields, YYSA shall erect a suitable sign designating the naive of the play fields to be the "J. M. Perry Soccer Complex." 5.3 Sprinkler System: YYSA shall provide and maintain a piping an sprinkler system for water to be provided by J.M. Perry, -Arum i qct 5.4 Sanitary Facilities: The City shall, at its expense, provide sufficient portable toilet facilities on the Leased Premises to meet sanitary needs during times of soccer play. 5.5. Redilation: The City may make reasonable rules and regulations governing the use and maintenance of the Leased Premises. 6. Use of Soccer Fields: YYSA, those affiliated with YYSA, students at J.M. Perry and the City may use the Leased Premises for soccer play. YYSA and the City may also permit the general public to use the Leased Premises for soccer play. The Leased Premises must be used solely for soccer or other similar nonprofit, character -building activity, and may at no time be used for any other purpose during the term of this Agreement or any extension thereof. YYSA's use granted herein shall have priority over other uses herein provided. Soccer Field Use Agreement - 2 7. Parking: YYSA, those affiliated with YYSA and the general public may use J.M. Perry's vehicle parking lots adjacent to the Leased Premises and located at 2011 West Washington Blvd.(the "Parking Lot"), for the purpose of vehicle parking during play field use after 5:15 p.m. on weekdays and after 9:00 a.m. on weekends and holidays. YYSA shall not permit any other vehicle parking on the Leased Premises. 8. Indeinnification: YYSA shall at all times develop, maintain, operate and use the Leased Premises and the Parking Lot in a safe and legal manner. Lessee shall be responsible for all acts thereon, and shall hold the City harmless and indemnify and defend the City against any and all claims or actions of any kind arising from such development, maintenance, operation or use pursuant to this Agreement, or otherwise arising out of Lessee's use and occupancy of Lessor's property, including reasonable attorney fees and costs. 9. Insurance: YYSA shall obtain liability insurance with a limit of one million dollars ($1,000,000.00) per occurrence to cover its activities upon said soccer fields, and shall cause the City of Yakima, its agents, employees, and officers, and J.M. Perry, to be named as additional insured under such policy of insurance. In addition, YYSA shall provide property damage insurance in an amount not less than $ 50,000.00. 10. Termination: Either party to this Agreement may terminate the Agreement at any time prior to the end of the Term for any reason by giving the other party sixty (60) days' written notice at the addresses written below. Upon termination at any time of this Agreement pursuant to this paragraph or paragraph 2 above, all improvements located on the Leased Premises shall become the property of J.M. Perry; provided, however, that YYSA may reclaim bleachers, sprinkler heads, timers and associated irrigation equipment together with soccer goals. Upon termination, neither party hereto shall be required to return the Leased Premises to its original condition, except that YYSA shall return the leased premises in a good and reasonable condition and state of repair. 11. Default: In the event of default in any of the terms or conditions of this Agreement, the non -defaulting party shall give notice in writing of such default to the defaulting party. The party in default shall then have 60 days within which to cure such default. In the event such default is not cured within such 60 days, this Agreement shall terminate 60 days from the date of receipt of notice of default by the defaulting party. Upon termination of the Agreement pursuant to this paragraph, all improvements located on the Leased Premises shall become the property of the City. Soccer Field Use Agreement - 3 12. Notice: All notices given pursuant to this Agreement shall be in writing and shall be deemed completed by sending the same to the addresses set forth below, U.S. registered mail, postage prepaid, return receipt requested. 13. Partial Invalidity: If any term or provision of this Agreement or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced as written to the fullest extent permitted by law. 14. Governing Law, Venue; Attorneys' Fees: This Agreement shall be governed by the laws of the State of Washington. Venue shall be in the Yakima County Superior Court. In any court suit or action brought by either party concerning this Agreement, the court shall award to the prevailing party reasonable attorneys' fees in addition to costs allowed by law, and the other party agrees to pay the same. 15. Assignment: YYSA shall not assign any rights or interests it has in this Agreement without the written consent of the City, and of J.M. Perry. 16. Entire Agreement: This Agreement contains the entire integrated agreement between the parties hereto. Modification shall be by mutual consent of the parties and in writing. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Yakima, Washington, on this``' day of , 1993. CITY OF YAKIMA Richard A. Zais, T ., City Manager 129 North Second Street Yakima, WA 98901 Attest: City Clerk hgb ysa4 a,r 121793 c:rr (O TQ.ct ko. 93- 1146.:23 -141 Soccer Field Use Agreement - 4 YAKIMA YOUTH SOCCER ASSOCIATION, INC. ATashingt. 1 ton -Profit Corporation ‘ji By Wain J•ckson Its Pres •-nt Address c/o Yakima Youth Soccer Association P.O. Box 9336 Yakima, WA 98909 EXHIBIT I DESCRIPTION: The South half of the Southeast quarter of the Northeast quarter of Section 35, Township 13 North, Range 18 E.W.M., EXCEPT that portion lying Southwesterly of the Wide Hollow Creek, AND EXCEPT the West 195 feet as measured at right angles to and parallel with the West line thereof, AND EXCEPT the East 665.82 feet, as measured along the North line and parallel with the East line thereof, AND EXCEPT the South 30 feet thereof for road., AND The East 665.82 feet, as measured along the North line and parallel with the East line, of the South half of the Southeast quarter of the Northeast quarter of Section 35, Township 13 North, Range 18 E.W.M., EXCEPT the North 310 feet, as measured along the East line and parallel with the North line thereof, AND EXCEPT the East 240 feet of the South 240 feet thereof, AND EXCEPT the South 30 feet for road AND EXCEPT the East 30 feet thereof for road., AND Lot 4 of that certain Short Plat recorded in Book 85 of Short Plats, Page 82, under Auditor's File No. 2734197, records of Yakima County, Washington. END OF EXHIBIT I r- r - 1 VIIIIIIIIIIIND CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE Na UAZO (CO 2#8-93 APPLICANT: J.M. PERRY INSTITUTE REQUEST: DEVELOPE PARCEL FOR REC FAC/PARK LOCATION: NW INTERSECTION OF 16TH AVE/WASHINGTON Seal. — 1 ' 400 0 200 400 • Subject area City Limits Zoning Boundo y 1 3. •••••••••‘ "re ...10.0.•••••••••••••••••••.• A • .44+14104 I t VaLkiriatoili4 In00%.104m pte trik . • •;• • • ••• t -1114, • • •Sa..a..1=911•MS (a. trds w •11145.141111•:• lee rare, Vol-itxnwo* NOWA Awe* 0, oat • 'a1lQr . 1:.'•1/2.1., • P•r/ 14:01"4.1111Whk, ..".'4")• • - • f••• ••• •'• • •••• • ••• 1/0 44-• • *. .1 I I / I I .1.2enat• 'VtP 741 t , le • + 1., • "P>C ,04.4%.,411 CrOld • 1' • • %/ my A 4 Ai IOW •Nalb= 010 • 1 i . / St I, •1.1! . . ..* %/. .• ' N• i Ott, 0% .145 0 - *Ai corer:- .' It v1Pr I 1. 'V o' :. • .• • 1, • • '51-141/11tHr • / ./ t / ' - .#• . / r'' . ,ocholt pal ! 1 Xt.* g 4 WI 1 .. ' e • : I Creilck AI= ; • • '. /, ,./ • • ••-. DO - tiki I r / .3 . . - 4 CrY11.4 I l otn,09)114 46"14dAIS 'I' I. \ . 1 1 i (i;PM;01170 lie {CI lii \ .. ..- e f:. . .,/ - 1 . 1 . /.1.--t r \ Ili -.......1-1-1 r ‘7 .1/2* I I I i 'L ta a 1 i \ .., • or -. — -I 1 ..... — - - — -1 • • . 1.'.. (4 • 1.- — ____,"....._.L4w.: : - TLk,,.... -tor...s. ' ..)* '504 ) — ••••••••z. e. r ----T 1' ••.• • •••• 1 • 4Cttl It it4 I t Ur 1N5Ut'ikki46+I American Insurance Brokers, Ltd. P.O. Box 19260 ittle, WA. 98109 1 ❑ 12-17-93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. IfdS..,c tr United States Youth Soccer Assoc. Washington State Youth Soccer Assoc. 14900 Interurban Avenue South, S#120 Seattle, WA. 98168 COMPANIES AFFORDING COVERAGE COMPANY A Transamerica insurance Co. LETTER COMPANY la LETTER COMPANY C LETTER COVERAGES THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN. DICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT 10 WHICH THIS CErmncATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 10 Ail THE TERMS, EXCLUSIONS ANO CONDI. TIONS OF SUCH POLICIES. LOOMS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO. LTR TYPE OF INSURANCE A General Liability Cornmerctal General Liability Claims Made ❑Occur, 0 Owner's & Contractors Prot. POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MM/OD/YY) DATE (MM/DD/YY) LIMITS (in thousands) SSP36100857 09/01/93 Automobile Liability DAny auto All owned autos u Scheduled autos Hired autos ® Non -owned autos 1-1 Garage Liability 5SP36100857 09/01/93 09/01/94 09/01/94 Excess Liability 0 0 Othor than Umbrella form Workers' Compensation and Employers' Liability General Aggregate s NONE Products-Comp/©ps Aggregate $ 1,000, Personal & Advertising Injury S 1,000, Each Occurrence $ 1,000, Fire Damage (Any one fire) $ 50, Medical Expense (Any one Person) s 5, Participant Legal Lability COMM. -11 Single Linut S 1 000. s 1,000, Bodily Iniury to.t organ) Beaty Injury (per accident) Property Damage &Nen Occurrence S S Aggregate Participant Accident SAMPLE. Statutory S Each Accidont Disease -Policy Limit S Disease-EBcn Employee AD&D s Primary Medical Extols Medical Weekly Indemnity DESCRtrefiON of bt't:nATIONit/ LOCATIONS/ VENICL£S/RESTRICTIONS tALITEM Y %IRP. of fields It is agreed that City of Yakima is an additional. insured. CERTIFICATE HOLDER CANCELLATION Yakima Youth Soccer Asaariat:ian Washington State Youth Soccer Association SHOULD ANY OF THE ABOVE Descsi9ED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _.3.1L DAYS WRITTEN NOTICE 70 THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS ESENTATIVES. Richard reen PARCEL NUMBER /5/3 YAKIMA COUNTY ASSESSOR'S NOTICE OF EXEMPTION IF YOU DISAGREE WITH THE CHANGE INDICATED AND VALUE HAS DEEN CERTIFIED, YOU MAY PETTTTON TUE BOARD OF EQUALISATION WITHIN 30 DAYS OF RECEIVING THIS NOTICE. FOR QUESTIONS CALL (509) 575-4161 C LA I MAN T rYiEXEMPTION GRANTED 04 (A/k�L- TAX YEAR (S) 19 TYPE OF EXEMPTION: NOTES. EXEMPTION DENIED ,19 ,19 SIGNED DATE 6"1 v, uOTES ({4 !I� ��tt F 1J� 1 JUN supervisor's initials control date; t i,S / clerical date di:;1ributfon: C -T Copy to owner/claimant (-1 original to ([le L -) copy to treasurer (it ccrtiti i) ummommiummor CHG T/CD TAX YR TAX TP DST REC TP ACT TP DATE DUE NEW TAX PAY ST B/O r# PRIOR AMOUNTINPUT TIS S!P r; / / . D- . r :.SPFRii5.1.91 230)97 11:25:37 j3-23-34 2227 22 is PROPERTY INF 7.MATICY Par e` `Si`«®`gess * * * flr,„ \ 2\\\A23 anal o S±t Ad : 2AS747 GTO2 T3292y Io y22222O2s2 222«z 22� � - ***aNN 32 2_� . 0 T30Y *** YFOR. J 2 IYsTT'323 PER v *( X S 01OY 903 72A2S0 P1 3\z2 `95 F' & 5 20 2T ST P'4 2222222222 £3322 33522222 ATT ' «T IN ORMATIO: a2 STATE OF WASHINGTON DEPARTMENT OF REVENUE EXEMPT PROPERTY SECTION OLYMPIA: WASHINGTON 98504 LEGAL OWNER: CITY OF YAKIMA Z RICHARD A ZAIS JR 129 N SECOND ST YAKIMA OCCUPANT: DETERM INA T ION WA 98901 YAKIMA YOUTH SOCCER ASSOCIATION PC LOX 9335 YAKIMA WA 98909 ( PAGE 1 FRIDAY APRIL 15, 1994 REGISTRATION NUMBER 08841 001 YAKIMA COUNTY OF FOR TAX YEAR 1995 AND CURRENT YEAR, IF IDENTIFIED THE APPLICATION FOR PROPERTY TAX EXEMPTION HAS BEEN APPROVED UNDER THE PROVISIONS OF RCW 84.36. 030 CHARACTER BUILDING UNDER 18-21 ONLY THE FOLLOWING PROPERTY WAS CLAIMED FOR EXEMPTION: THE LEGAL OWNER'S PERSONAL PROPERTY AT THIS LOCATION WHICH IS USED FOR EXEMPT PURPD5E5, AND THE FOLLOWING DESCRIBED PROPERTY: 001 COUNTY PARCEL: LEGAL DE5CRIPTICN 181335-14010 010 THE S2 OF 5W4 OF NE4 OF 835-T13N-R18EWM EXC THAT 0E0 PORTION LYG SWLY OF WIDE HOLLOW CREEK & EXC THE W 030 195' & EXC THE N 310' OF THE E 665.82' EXC THE 5 040 240' OF THE E 240' & EXC THE 8 & E 30' FOR ROADS 050 / f 060 /THE ABOVE PARCEL IS EXEMPT FROM 1994 TAXES / 070 / / 002 COUNTY PARCEL: 181335-14421 LEGAL DESCRIPTION 010 THE N 310' OF THE E 655.82' OF THE S2 OF SW4 OF 020 NE4 OF S35-T13N-R1SEWM 030 / / 050040 /THE ABOVE PARCEL I5 EXEMPT FROM 1994 TAXES / / / State Of Washington Department Of Revenue Exempt Property Section PO Box 47471 REVENUE Olympia, WA 98504-7471 DETERMINATION ON CLAIM FOR PROPERTY TAX EXEMPTION IMPORTANT The enclosed determination is your official record of exempt status. It ONLY affects those parcels indicated. Prior determinations for this assessment year on all other property remain unchanged. Any errors or omissions must be brought to our attention IMMEDIATELY so corrections can be made before the assessor places any property on the tax rolls. Any taxpayer feeling aggrieved by this determination of the Department of Revenue may appeal to the Washington State Board of Tax Appeals. Notice of Appeal must be filed within 30 calendar days from the date the determination was placed in the mail as evidenced by the postmark. You must allow for mailing time within the 30 day period. Appeal forms are available at the county auditor's office. In King County they are available at the office of the clerk of the county council. FORM REV 61 0058 (5-92)