HomeMy WebLinkAboutdelete3AMENDMENT TO AGREEMENT
BETWEEN THE OLYMPIC PENINSULA YMCA AND
THE CITY OF PORT TOWNSEND
(MOUNTAIN VIEW USE — DISPLACEMENT PAYMENT)
THIS AMENDMENT TO AGREEMENT is made this day of March, 2012 by and between
OLYMPIC PENINSULA YMCA, a Washington Non - Profit Corporation (hereafter referred to as
"YMCA ") and the City of Port Townsend (hereafter referred to as "City ") (last date of person
signing below).
RECITALS:
A. The parties entered into an Agreement dated July 22, 2011 for the lease by the City to the
YMCA of certain premises at the Mountain View site to allow the YMCA to operate
recreational programs.
B. The City is undertaking seismic repairs to the Port Townsend Library that requires the
temporary relocation of the Library. The City and YMCA have negotiated an arrangement
that allows the City to relocate the library services to Mountain View and displace areas
occupied by the YMCA, with fees paid by the City to the YMCA to compensate for the
displacement. This arrangement is documented in this Amendment to Use Agreement
entered into on the same date at this Agreement.
C. The parties desire to amend that Agreement on the terms set forth in this Amendment to
Agreement.
NOW, THEREFORE, in consideration of the mutual benefits to be conferred on the parties
hereto, the parties agree to amend their Agreement dated July 22, 2011 as follows:
1. Library Temporary Relocation.
a. The Mountain View facilities that are the subject of the parties' July 22, 2011 Agreement
and provided to the YMCA are: Gym (this includes the stage and storage room), cafeteria
(this includes bathrooms, office, carpeted room formerly used as the music room, and the
storage area between the bathrooms), and the " OPEPO portable." These areas — gym,
cafeteria and OPEPO portable are referred to in this agreement as the "facilities ". (The
" OPEPO" portable is the portable formerly used by the "OPtional Education PrOgram. ")
b. On the terms set forth in this Amendment to Agreement, the City will temporarily relocate
the Library to Mountain View and exclusively occupy certain space currently used by the
YMCA pursuant to the Agreement dated July 22, 2011. The area occupied by the City is
described as follows: cafeteria (this includes bathrooms, office, carpeted room formerly
used as the music room, and the storage area between the bathrooms).
c. The YMCA will continue to occupy and manage the portable (multi - purpose room or
OPEPO portable) and the gym in their entirety.
d. The term of the occupation of the above space for temporary Library relocation is from
April 1, 2012 to December 31, 2012.
There is no obligation by the City to pay for any area occupied by the City after December
315 2012. If the Library relocation continues beyond December 31, 2012, and no other
arrangements are reached between the City and YMCA for payment for library temporary
relocation, then the City may need to cancel the Use Agreement in full or in part if deemed
necessary by the City. The parties will confer in the fall, 2012 concerning any
arrangements for 2013 and beyond.
2. Payment and Other Consideration.
a. The City agrees to pay the YMCA the sum of $20,000 for this displacement. The amount
will be paid in a manner to be agreed, but no less that the full amount by May 1, 2012.
b. The YMCA will no longer pay the 20% or rent received back to the City.
c. The YMCA will be able to occupy other City buildings such as classrooms in the Main
Building at Mountain View, Pope Marin, or the Cotton Building, schedule permitting, at no
charge.
d. The YMCA's obligation to pay rent under the Agreement dated July 22, 2011 is waived for
2012.
e. The YMCA is responsible for moving costs (including any City property moved to date).
The YMCA is only responsible to remove its property from the portion of Mountain View
being occupied by the City. The YMCA should clarify with the School District any
question of ownership of property left behind by the School District, and with the City any
question concerning what is City property.
3. July 22, 2011 Agreement. Except as set forth in this Amendment, all terms of the parties' July
22, 2011 Agreement remain in place and are not affected.
CITY OF PORT TOWASEND:
By: ! , ` /
David G. Timmons, ity Manager
Attest./ %J)
Pam Kolacy, City Clerk
Date: �a C , 2012
Approved as to form:
John Watts, City Attorney
YMCA
Date: , 2012
By:
Title:
Attest: t_
YMCA Chair of Boa Directo
Date: 2012
CITY OF PORT TOWNSEND'`` J E�
ENCUMBERED CONTRACT RE Q UISITIO� (YRMMDD)
Request Date: April 28, 2012 VENDOR: Olympic Peninsula YMCA
Amount budgeted for current calendar
insurance?? Safes Tax
FUND: Contract period: year
Library - FEMA Grant and Project budgets 2012 is- d51C,'c Yes / No $
AMENDMENT DESCRIPTION BARS CODE PM Code AMOUNT TOTAL DUE ompleted
YMCA 2012 Agreement Amendment 301 - 999 - 594 - 720 -62 0020
20,000.00
$20,000.00 -
_. ..... .
I
$0.00 �._.
2
3
$0.00
$0.00
FORWARD COMPLETED DOCUMENTS TO JOANNA SANDERS
G: \City Admin \Clerk\ forms\ finance \EncumberedContract Req YMCA- 20K FEMA and Project.xlsx Updated: 01/01/2012