HomeMy WebLinkAboutR-1994-049 Armory Site•
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RESOLUTION NO. R-94- 49
A RESOLUTION authorizing and directing the City Manager and City Clerk of
the City of Yakima to execute an Addendum to Memorandum of
Intent with the Washington State Military Department and a
Lease for property at 202 South 3rd Street in Yakima,
Washington.
WHEREAS, on December 14, 1993, the City Council authorized the execution
of a Memorandum of Intent with the Washington State Military Department which
contemplated the 99 year lease of the Armory site to the City of Yakima for the
Police Station/Legal Center; and
WHEREAS, it is desirable to clarify the previously executed Memorandum of
Intent to provide that the City will conduct the environmental audit process and
be reimbursed by the Washington State Military Department, 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 Addendum to Memorandum of
Intent and Lease with the Washington State Military Department.
ADOPTED BY THE CITY COUNCIL this 26th day of April , 1994
ATTEST Mayor
City Clerk
(1s)res/land purchase rp
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LEASE
THIS LEASE is made this rday of W1/4-0- , 1994, between the WASHINGTON
MILITARY DEPARTMENT, an agency of the State 6f Washington, hereinafter referred
to as LANDLORD, and the CITY OF YAKIMA, a Washington municipal corporation,
hereinafter referred to as TENANT, on the following terms and conditions:
1. PROPERTY LEASED: LANDLORD hereby leases to TENANT the
following -described real property owned by LANDLORD and located at 202 South Third
Street within the City of Yakima, Yakima County, Washington, to -wit:
Lots 1 through 6 inclusive, Block 53, Town of North Yakima, now
Yakima, Washington, according to the official plat thereof recorded in
Volume "A" of Plats, Page 10, and re-recorded in Volume "E" of Plats,
Page 1, records of Yakima County, Washington.
Situated in Yakima County, State of Washington.
2. TERM: The term of this Lease shall be for a period of ninety-nine (99)
years, commencing May 27 1994 and terminating May 26 , 2093, at
midnight.
3. RENT: TENANT agrees to pay One Dollar ($1.00) to LANDLORD as rent for
the entire ninety-nine (99) year lease term. As additional consideration for this
Lease, TENANT agrees to perform the promises set forth in the Memorandum of Intent
dated December 31, 1993 which is attached hereto as Exhibit A. TENANT shall be
responsible for any and all utilities, taxes, and assessments associated with the leased
property.
4. USE OF PREMISES: The leased property shall be used by TENANT for
municipal government purposes.
5. ASSIGNMENT - SUBLETTING: TENANT shall have the right to assign
or sublease the leased property but only after receiving the LANDLORD'S prior
written consent.
6. INDEMNIFICATION OF TENANT: LANDLORD shall protect, defend,
indemnify, and hold TENANT harmless from and against any and all claims, demands,
damages, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and
costs and expenses (including attorney's fees and disbursements), which accrue to or
are incurred by TENANT and arise directly or indirectly from or out of, relate to, or in
any way connected with (1) any activities on the leased property during LANDLORD'S
possession or use of the property which directly or indirectly resulted in the
property or any other property becoming contaminated with hazardous substances
or wastes and (2) the presence, discovery, or cleanup of any hazardous substances
released or existing on or under the leased property at any time during LANDLORD'S
possession or use of the property. When used in this Lease Agreement, the term
"hazardous substance" shall be defined to mean any substance or material defined or
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designated as hazardous or toxic waste, hazardous or toxic material, a hazardous, toxic,
or radioactive substance, or other similar term, by any federal or state
environmental statute or regulation presently in effect or that may be promulgated
in the future, as such statutes or regulations may be amended from time to time,
including, but not limited to, the Federal Resource Conservation Recovery Act of 1976,
42 U.S.C. § 6901 et seq., the Federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq., the Federal Toxics
Substances Control Act, 15 U.S.C. § 2601 et seq., the Washington Solid Waste
Management - Recovery and Recycling Act, RCW Chapter 70.95, and the Washington
Model Toxics Control Act, RCW Chapter 70.105D.
7. INTERPRETATION: The paragraph headings used herein are for
identification purposes only, and shall not be construed as modifying or limiting the
actual language and contents of the paragraphs themselves.
8. ATTORNEY FEES: In the event of any litigation arising out of the
Lease, the prevailing party shall be entitled to a reasonable attorney fee, and venue
for any claim shall lie in Yakima County, Washington.
9. NOTICES: All notices to be given by the parties are to be in writing and
may be either served personally or may be deposited in the United States Mail,
postage prepaid, either registered or certified mail, with certificate of mailing
obtained, and shall be addressed to the party to receive at the following address or at
such other address as the party may from time to time direct in writing:
LANDLORD:
TENANT:
Washington State Military
Department Headquarters
Camp Murray, WA 98430-5000
City of Yakima
Attn: City Manager
129 North 2nd Street
Yakima, WA 98901
The effective date of the giving of the notice, or the day from which any time period
shall run, shall be the day notice is deposited in the United States Mail, or the date
notice is personally served.
10. TENANT'S OPTION TO PURCHASE PROPERTY: In consideration of
One Dollar ($1.00) and the mutual promises and covenants herein, TENANT shall have
the absolute right, at any time during the term of this Lease, to exercise its option to
purchase the leased property, together with all buildings and improvements thereon,
and acquire fee simple title thereto either by purchase at a price and on terms
mutually acceptable to the LANDLORD and TENANT and in accordance with the laws of
the State of Washington, or in exchange for the TENANT deeding a suitable piece of
property to the LANDLORD which is acceptable to the LANDLORD in the sole and
unrestricted exercise of its discretion in accordance with the Memorandum of Intent
attached hereto as Exhibit A. TENANT shall give written notice to LANDLORD of
TENANT'S decision to exercise this option to purchase at least six (6) months prior to
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the effective date of said purchase. Within said six (6) month period, both LANDLORD
and TENANT shall expeditiously enter into good -faith negotiations for the purpose of
arriving at the mutually acceptable terms and conditions of said purchase or
exchange. Once TENANT has exercised its option to purchase the leased property,
LANDLORD shall have the irrevocable obligation to convey the leased property to
TENANT in accordance with this Section 10. The conveyance shall be by a duly
executed Statutory Warranty Deed vesting fee simple title in TENANT, free of all liens
and encumbrances. In the event that LANDLORD and TENANT cannot agree upon the
terms and conditions of said purchase of the property by TENANT, then said terms and
conditions (including purchase price) shall be determined by arbitration with three
arbitrators. One arbitrator shall be selected by the LANDLORD, one arbitrator shall be
selected by the TENANT, and one arbitrator shall be selected by the two arbitrators
previously selected. The arbitration shall be in accordance with the rules and
regulations of the American Arbitration Association, or as otherwise agreed upon
between the parties and the arbitrators. The purchase price so determined shall be
binding upon the parties, and said purchase price shall not include any value
attributed to buildings or improvements constructed on the leased property by
TENANT. This provision regarding TENANT'S option to purchase the property shall
bind LANDLORD'S assignees, successors in interest, or any other parties who may
come into title.
11. CARE OF PROPERTY: It is understood and agreed that TENANT will
make certain improvements to the property including the construction of buildings,
and any such improvements or buildings made to the leased property may be altered,
removed, demolished, or rebuilt by the TENANT at any time during the lease term at
the sole and unrestricted discretion of the TENANT. All buildings and improvements
constructed by TENANT on the leased property shall at all times be owned solely by
TENANT, and LANDLORD shall have no title to or interest in such buildings and
improvements. The value of said buildings and improvements shall not be included
in the purchase price established pursuant to Section 10 above relating to TENANT'S
Option to Purchase. TENANT further warrants and agrees that it will not commit any
waste on the leased property nor damage same, nor permit waste or damage by
others.
12. COVENANT OF QUIET ENJOYMENT: The LANDLORD covenants and
agrees with TENANT that so long as the TENANT keeps and performs all the covenants
and conditions agreed upon by the TENANT, the TENANT shall have quiet and
undisturbed and continued possession of the premises, free from any claims against
the LANDLORD and all persons claiming by, under, or through the LANDLORD.
LANDLORD further covenants and warrants to TENANT that LANDLORD owns
unrestricted fee simple title to the leased property, free and clear of all mortgages,
liens, and encumbrances.
13. TERMINATION: This Lease shall not be terminated for any reason
during the Lease term, except only upon the mutual agreement of both the
LANDLORD and the TENANT. If this lease terminates and TENANT fails to exercise its
Option to Purchase the Property in accordance with Section 10 above, then all
buildings and improvements shall revert to and shall be deeded by the TENANT to the
LANDLORD.
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14. MODIFICATION: This is the complete agreement of the parties and
there are not other written or oral agreements that would modify the terms hereof.
This agreement may be modified only in writing signed by both parties hereto.
15. ENVIRONMENTAL BASELINE: The parties agree that the known
condition of the property is as described in the Phase I Environmental Site
Assessment prepared by Huntingdon Chen -Northern, Inc. dated May 6 , 1994.
TENANT:
CITY OF YAKIMA
By: CCS--'° �\
R. A. Zais, Jr., City Manager
LANDLO
WASH
DEPA
ATTEST: AP
,a ,� P VED AS TO LEGAL FORM:
? 2 i —'L4�.t. �°--.-:.4c1,(-,
City Clerk Assistant Attorney General
Resolution No. R-94-49/Contract No 94-29
STATE OF WASHINGTON
County of
:ss.
This is to certify that on this day personally appeared before me R. A. ZAIS, JR.,
to me known to be the CITY MANAGER of the CITY OF YAKIMA and who executed the
within and foregoing instrument, and acknowledged that he signed the same as his
free 'and voluntary act and deed, for the uses and purposes therein mentioned.
.GIVEN UNDER my hand and official seal this:. /qday of /71/Z, 1994.
,Y
STATE OF WASHINGTON )
:ss.
County of Pierce
r;' V;" ? 777'
NOTARY PUBLIC in ndior the State of
Washington, residing at !/%/.
My commission expires:
I certify that I know or have satisfactory evidence that GreoI' P. Barlow is the
person who appeared before me, and said person acknowledged that he signed this
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instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Adjutant General of the WASHINGTON STATE MILITARY
DEPARTMENT, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
GIVEN UNDER my hand and official seal this 16 day of May , 1994.
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(1s)agr/military dept rp
NOTARYJBLIC in and for the State of
Washington, residing at Tacoma
My commission expires: March 15, 1.998
VOL
2°
MEMORANDUM OF INTENT
BETWEEN
MILITARY DEPARTMENT, STATE OF WASHINGTON
CAMP MURRAY, TACOMA, WASHINGTON
AND
THE CITY OF YAKIMA, WASHINGTON
Whereas, the City of Yakima, hereafter referred to as the City, has need of
the Military Department property located a 202 South Third Street, Yakima,
Washington for construction of a Police Station/Legal Center or other use as
deemed appropriate by the City; and
Whereas, the Military Department, State of Washington, hereafter referred
to as the Department, has need of at least five acres of suitable land in the
greater Yakima area on which to construct a new armory and carry on other
military operations; and
Whereas, the City and the Department desire to memorialize their intent to
enter into the following described property transaction, subject to execution of a
formal written agreement, concurrence of the appropriate legislative bodies and
appropriation of required funding by City, State and Federal legislative bodies;
Now, therefore, the City and the Department agree to the following:
a. The Department intends to offer their property at 202 South Third Street
for lease to the City for a period of 99 years in consideration for one dollar
and the City's performance of the promises set forth herein. The
Department will certify that said property is environmentally suitable for
intended use by the City and will assume all costs necessary to meet the
certification, including, but not limited to, satisfactory cornpletion of the
Phase Two Environmental Assessment prior to the time of lease and
contract award for the City's Police Station/Legal Center Project. The
Department will satisfy all historic preservation requirements and assume
ail related costs. The lease agreement will include an option for the City to
acquire fee title to said property either by purchase at a price and on terms
mutually acceptable to the Parties, or in exchange for the City deeding a
suitable piece of property to the Department which is acceptable to the
Department in the sole and unrestricted exercise of its discretion.
b. The Department will pursue funding to cover the cost of demolition and
removal of debris from the aforementioned property in the 1994 legislative
session and subsequent sessions as required until funding is secured. If
the City selects the site which includes said Department property for
construction of their Police Station/Legal Center, the City may (bear the
initial cost for demolition with the understanding, commernorated in a
separately negotiated agreement, that the Department will subsequently
pursue legislative funding to reimburse the City for those costs.
EXHIBIT SWI 4402144
c. The City intends to lease to the Department a parcel of land acceptable to
the Department containing not Tess than five (5) acres within the greater
Yakima area for a period of 99 years in consideration for one dollar and
the Department's performance of the promises set forth herein. This site
must be environmentally suitable for intended use by the Department and
meet Washington National) Guard and National Guard Bureau construction
criteria. Construction of an armory at said site must be socially acceptable
to the neighborhood and public. Aso, the City will assist the Department's
efforts to secure; (1) State legislative funding for demolition of the old
armory and the state's portion of funding for construction of a. new armory
and all necessary utilities and; (2) Congressional funding for the Federal
portion of the new armory construction. The lease agreement will include
an option for the Department to acquire fee title to said property either by
purchase at a price and on terms mutually acceptable to the Parties or in
exchange for the Department deeding the property at 202 South Third
Street, Yakima, Washington, to the City.
This Memorandum of Intent becomes effective when signed by both the City and
the Department.
THE SIGNATORIES AGREE TO THE FOREGOING:
FOR THE CITY OF YAKIMA FOR THE MILITARY DEPARTMENT
'This/ 7 `¢a' Day of December, 1993 This _ Day of December, 1993
Richard A. Zais,
City Manager
Attest:
Karen S. Roberts
City Clem;
,< c7.31")/
/ �L
Gregory p !WI ow
Major G -1, WAARNG
The Adjut. t General
Certified to be a true and correct copy of the
oricinal filed in my office ',// t/ Ci 471
B ._� l CL 4 .. 9
2145
04/21-.R4 16:43
WASHINGTON NATIONAL GUARD 0e2
ADDENDUM
MEMORANDUM OF INTENT
BETWEEN
THE MILITARY DEPARTMENT, STATE OF WASHINGTON
AND
THE CITY OF YAKIMA, WASHINGTON
Whereas, the parties to the Memorandum of Intent signed by the City of Yakima on
December 17, 1993, and the Washington Military Department on December 31, 1993,
desire to further clarify the basic agreement by adding certain amplifying language;
Now, therefore, in consideration of the mutual promises of the parties and other good
and valuable consideration, the City and the Department agree the following
additional paragraphs shall be incorporated into the original Memorandum of Intent:
d. Legislative funding to be sought by the Department under section (b)
will not exceed $250,000, and will be used for the following purposes:
(1) Demolition of the Armory structure.
(2) Completion of Historic American Building Survey (IIABS)
requirements.
(3) Site restoration,
(4) If further environmental cleanup is required under applicable
federal or state law or regulations, the Military Department shall
be responsible for the cost of such cleanup. The parties agree
that the City of Yakima shall oversee and coordinate the
preparation of a Phase 1 Environmental Assessment for the
Armory property through the use of a private environmental
consultant. The Military Department shall reimburse the City up
to Five Thousand Dollars ($5,000.00) for contract costs incurred
for said Environmental Assessment. A Phase II Pnviranmental
Assessment will be accomplished only if the parties agree that
the results and recommendations contained in the Phase 1
Assessment reasonably support the need for a Phase II
Environmental Assessment. The Military Department
acknowledges its responsibilities as a prior responsible party and
pledges full commitment to secure state funding to pay for any
and all Phase. II Assessments and subsequent environmental
cleanup costs as required by applicable federal or state laws or
regulations.
e. if the City initially assumes the cost of demolition, IIABS requirements,
and site restoration, the Department's obligation to repay shall be
contingent on legislative appropriation of said funds. The Department
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will make every reasonable effort to secure the appropriation of said
funds.
Except as amended herein, the provisions of the Original Memorandum of Intent
remain in full force and effect.
This addendum becomes effective when signed by both the City and the Department.
THE SIGNATORIES AGREE TO THE FOREGOING:
FOR THE CITY OF YAKIMA FOR THE MILITARY DEPARTMENT
3"
this day of '° , 1994. this,22 day of / ii , 1994.
Richard A. Zais, Jr.
City Manager
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DOL
Gregory P. r1ow
Major Ge al, WAARNG
1QL 1440 2147
CITY CLERK
CITY OF YAKIMA
29 NORTH SECOND STREET
9,S907
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8
For Meeting Of 4/26/94
ITEM TITLE: Legislation pertaining to the acquisition and lease of land for the Police
Station/Legal Center Project.
SUBMITTED BY: Pleas Green, Chief of Police and
Raymond L. Paolella, City Attorney
CONTACT PERSON/TET.FPHONE: Raymond L. Paolella/575-6030
SUMMARY EXPLANATION: On December 14, 1993, the City Council authorized the
execution of a Memorandum of Intent with the Washington State Military Department
to lease and/or purchase property at 202 South 3rd Street. That Memorandum of Intent
contemplated a 99 year lease of the Armory property from the Washington Military
Department upon satisfactory completion of the environmental audit process.
Attached to this Agenda Statement is an Addendum to the previously executed
Memorandum of Intent to clarify that the City of Yakima will undertake the
environmental audit process for the Armory site based upon an arrangement whereby
the City will be reimbursed for this expense by the Washington Military Department
from future appropriated funds. Also attached is the Lease Agreement for the Armory
property that has been negotiated between the City and the Washington Military
Department.
Resolution X Ordinance Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. R-94-49
(1s)agenda/land purchase rp
MEMORANDUM OF INTENT
BETWEEN
MILITARY DEPARTMENT, STATE OF WASHINGTON
CAMP MURRAY, TACOMA, WASHINGTON
AND
THE CITY OF YAKIMA, WASHINGTON
Whereas, the City of Yakima, hereafter referred to as the City, has need of
the Military Department property located a 202 South Third Street, Yakima,
Washington for construction of a Police Station/Legal Center or other use as
deemed appropriate by the City; and
Whereas, the Military Department, State of Washington, hereafter referred
to as the Department, has need of at least five acres of suitable land in the
greater Yakima area on which to construct a new armory and carry on other
military operations; and
Whereas, the City and the Department desire to memorialize their intent to
enter into the following described property transaction, subject to execution of a
formal written agreement, concurrence of the appropriate legislative bodies and
appropriation of required funding by City, State and Federal legislative bodies;
Now, therefore, the City and the Department agree to the following:
a. The Department intends to offer their property at 202 South Third Street
for lease to the City for a period of 99 years in consideration for one dollar
and the City's performance of the promises set forth herein. The
Department will certify that said property is environmentally suitable for
intended use by the City and will assume all costs necessary to meet the
certification, including, but not limited to, satisfactory completion of the
Phase Two Environmental Assessment prior to the time of lease and
contract award for the City's Police Station/Legal Center Project. The
Department will satisfy all historic preservation requirements and assume
all related costs. The lease agreement will include an option for the City to
acquire fee title to said property either by purchase at a price and on terms
mutually acceptable to the Parties, or in exchange for the City deeding a
suitable piece of property to the Department which is acceptable to the
Department in the sole and unrestricted exercise of its discretion.
b. The Department will pursue funding to cover the cost of demolition and
removal of debris from the aforementioned property in the 1994 legislative
session and subsequent sessions as required until funding is secured. If
the City selects the site which includes said Department property for
construction of their Police Station/Legal Center, the City may bear the
initial cost for demolition with the understanding, commemorated in a
separately negotiated agreement, that the Department will subsequently
pursue legislative funding to reimburse the City for those costs.
c. The City intends to lease to the Department a parcel of land acceptable to
the Department containing not less than five (5) acres within the greater
Yakima area for a period of 99 years in consideration for one dollar and
the Department's performance of the promises set forth herein. This site
must be environmentally suitable for intended use by the Department and
meet Washington National Guard and National Guard Bureau construction
criteria. Construction of an armory at said site must be socially acceptable
to the neighborhood and public. Also, the City will assist the Department's
efforts to secure; (1) State legislative funding for demolition of the old
armory and the state's portion of funding for construction of a new armory
and all necessary utilitiesand; (2) Congressional funding for the Federal
portion of the new armory, construction. The lease agreement will include
an option for the Department to acquire fee title to said property either by
purchase at a price and on terms mutually acceptable to the Parties or in
exchange for the Department deeding the property at 202 South Third
Street, Yakima, Washington, to the City.
This Memorandum of Intent becomes effective when signed by both the City and
the Department.
THE SIGNATORIES AGREE TO THE FOREGOING:
FOR THE CITY OF YAKIMA
This 1 7 `14'`" Day of December, 1993
Richard A. Zais, 3rr.
City Manager
Attest:
Karen S. Roberts
City Clerk
FOR THE MILITARY DEPARTMENT
This /
-\)Day of December, 1993
Gregory PP 'ow
Major Ge e al, WAARNG
The Adjut t General
RESOLUTION NO. R-93-
131
A RESOLUTION authorizing and directing the City Manager and City Clerk of
the City of Yakima to execute a Memorandum of Intent with
the Washington State Military Department to lease property at
202 South 3rd Street in Yakima, Washington.
WHEREAS, on November 16, 1993, the City Council decided that the Yakima
Police Station/Legal Center should be constructed on the Wikstrom block bordered
by Walnut, South 3rd Street, Spruce Street, and South 2nd Street; and
WHEREAS, on November 16, 1993, the City Council by motion directed staff to
acquire the Wikstrom block, together with additional property in the vicinity for
the Yakima Police Station/Legal Center Project; and
WHEREAS, one of the properties necessary for this project is the Military
Department property located at 202 South 3rd Street; and
WHEREAS, the State of Washington Military Department has agreed to lease
this property to the City for a 99 year period in consideration for S1.00 and the
lease of a parcel of land in the Yakima area for a new armory, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Yakima City Manager and City Clerk are hereby authorized and directed
to execute the attached and incorporated "Memorandum of Intent Between
Military Department, State of Washington Camp Murray, Tacoma, Washington and
the Cit) of Yakima, Washington." The City Manager is hereby authorized and
directed to take all necessary steps to proceed with the lease and eventual
purchase of this Military Department property and with the implementation of
the terms and conditions set forth in the attached Memorandum of Intent.
ADOPTED BY THE CITY COUNCIL this 14th day of December , 1993.
ATTEST:
City Clerk
__ res _ ic1 cntr.rp
Mayor