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Home My WebLink About4490 Resolution - T-CYSA Settlement 2024 Resolution – T-CYSA Settlement 2024 - 1 RESOLUTION NO. 4490 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL RELEASE AND SETTLEMENT AGREEMENT BETWEEN TRI-CITIES YOUTH SOCCER ASSOCIATION AND THE CITY OF PASCO FOR THE TRI-CITIES YOUTH SOCCER COMPLEX. WHEREAS, the City of Pasco (City) and the Tri-Cities Youth Soccer Association (T- CYSA) entered into an Agreement on August 25, 2021, extending the Agreement amended on September 6, 2005, for an additional 10 years for the purpose of providing improvement and development of the property to serve primarily as a soccer complex for educational and youth programs, as well as opportunities for the public and community as a whole, related to soccer as a recreational activity and for major tournament play attracting visitors to Pasco; and WHEREAS, the City is seeking to transition the management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department; and WHEREAS, T-CYSA supports the transition of management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department and agrees to an early termination of the existing Agreement extension; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Mutual Release and Settlement Agreement between T-CYSA and the City; a copy of which is attached hereto as Exhibit A. Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Mutual Release and Settlement Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution – T-CYSA Settlement 2024 - 2 PASSED by the City Council of the City of Pasco, Washington, on this 3rd day of September, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Mutual Release and Settlement Agreement – 1 MUTUAL RELEASE AND SETTLEMENT AGREEMENT THIS MUTUAL RELEASE AND SETTLEMENT AGREEMENT is entered into this _____ day of September, 2024, by and between the City of Pasco, a Washington Municipal Corporation (City), and the Tri-Cities Youth Soccer Association, a Washington not-for-profit organization (T-CYSA). WHEREAS, the City of Pasco and the Tri-Cities Youth Soccer Association entered into an Agreement on August 25, 2021, extending the Agreement amended on September 6, 2005, for an additional 10 years for the purpose of providing improvement and development of the property to serve primarily as a soccer complex for educational and youth programs , as well as opportunities for the public and community as a whole, related to soccer as a recreational activity and for major tournament play attracting visitors to Pasco; and WHEREAS, the City is seeking to transition the management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department; and WHEREAS, T-CYSA supports the transition of management and operation of City-owned sporting complexes to the Pasco Parks and Recreation Department and agrees to an early termination of the existing Agreement extension; and WHEREAS, the parties, without admission of liability, and in recognition of the significant cost associated with litigation, have reached a mutually negotiated settlement to terminate all previous agreements. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, it is agreed as follows: 1. On ___________________, 2024, the City will assume full control, management, and operations of the Tri-Cities Youth Soccer Complex (Complex), including parking lots, playground, fields, primary building, outbuilding, concessions, restrooms, and all other commonly known or associated features within Complex, hereby terminating the current land use and development agreement subject to: a. T-CYSA agrees to transfer all equipment and property listed on Exhibit A to the City on ______________________, 2024, at the mutually agreed upon value of $157,823.00, which shall be provided as an account credit in the City’s recreation management system and available to T-CYSA to pay for any facility use fees of the Complex or other Parks and Recreation facilities. Account credit will not be refunded in any other format. b. T-CYSA will have priority requesting field reservations for the 2024-2025 soccer season (September 1, 2024, to June 30, 2025), in the City’s recreation management system prior to opening reservations to other users. Requests from TCYSA must be completed no later than_____________, 2024, and adequately Mutual Release and Settlement Agreement – 2 reflect actual field usage requirements to ensure field availability for other users. All field reservations, rentals, and usage will be subject to the standard field fee rates set by the Pasco Parks and Recreation Department. Fields reserved, but unneeded by T-CYSA will be eligible for credit based on the cancellation policy as outlined below. Refunds will apply as credit in the recreation management system. Cancellation and Refund Policy a. More than 10 days notice of cancellation; 100% credit to account b. Less than 10 days notice of cancellation; No Refund credit Reschedule/Change Policy a. Any reschedules/changes (i.e. change in date/time/location) must be made more than 10 days in advance of the event date; No Fee b. Reschedules/changes (i.e. change in date/time/location) less than 10 days prior to event date; No Refund c. T-CYSA will have priority requesting conference room reservations for the 2024-2025 soccer season (September 1, 2024, to June 30, 2025), in the City’s recreation management system prior to opening reservations to other users. Requests from TCYSA must be completed no later than _____________, 2024, and adequately reflect actual conference room usage requirements to ensure conference room availability for other users. All conference room reservations and usage will be subject to the standard fee rates set by the Pasco Parks and Recreation Department. Full facility rental for tournaments will include use of conference room, less than full facility rental will incur separate reservation fee. d. T-CYSA will maintain the right to use the on-site office, inner bathroom, and mid-shop as a place of business from August 29, 2024, to June 30, 2026. The right to use will be available in two terms. During the initial 12-month term, August 29, 2024 – August 28, 2025, a use fee of $280 per month, totaling $3360 for the term, will be due from T-CYSA to cover a portion of the shared building’s utilities costs. The second term shall consist of 10-months, August 29, 2025 – June 30, 2026, and T-CYSA must notify Pasco Parks and Recreation Department with intent to use the second term no later than August 10, 2025. The second term will have a monthly use fee of $280, for a total of $2800 for the term. The usage of the spaces will be managed as a reservation in the City’s recreation management system. The first term use fee payment of $3360, will be due on September 10st, 2024, and will be charged against account credit in the City’s recreation management system created from Section 1 (a) of this agreement. If used, the second term use fee payment of $2800, will be due on Mutual Release and Settlement Agreement – 3 September 10st, 2025, and will be charged against account credit in the City’s recreation management system created from Section 1 (a) of this agreement. Additionally, T-CYSA will be responsible for all cleaning of the office, inner bathroom, and mid-shop and, required to provide insurance coverage during this period and submit proof of coverage to the City. Space may be inspected quarterly by the City’s facility staff and accessible, as needed, for any and all maintenance, fire, or safety-related reasons by the City’s staff or contractors. e. As part of this Agreement, T-CYSA’s 2023 Complex payment of $44,056.00 will be waived. f. As part of this Agreement, T-CYSA’s 2024 Complex payment of $45,377.68 will be waived. 2. Both parties, in consideration of this Agreement, do hereby release and discharge the other of any and all claims, liabilities, causes of action, damages, losses, demands or obligations of any kind and nature related to, or based upon, known or unknown, or arising out of the above-referenced property; and, T-CYSA and the City accept as full and final satisfaction of any claims related thereto. 3. By entering into this Agreement, both parties expressly acknowledge that there is no admission of liability on behalf of either party except as specifically provided herein, and that this Agreement is the result of a negotiated settlement. 4. This Agreement settles, waives, releases, and forever bars any and all claims and actions at law by either party, their successors, heirs, or assigns against the other party, their successors, heirs, or assigns arising out of the above referenced matter, except as provided herein. This Release does not apply to any other parties. 5. Each signatory hereto represents and warrants that all necessary signatures and consents to enter into this Agreement; and, to assume and perform the obligations hereunder have been properly obtained. 6. Each term and provision of this Agreement is deemed to have been explicitly negotiated at arm's length between the parties, and in all cases, shall be construed and interpreted according to the fair meaning, and not strictly for or against either party, and without reference to who might have drafted the terms. 7. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of Washington. 8. This Agreement embraces and includes the entire Agreement between the parties; it may not be changed except in writing that is signed by all parties. 9. This Agreement may be executed in counterparts. Each counterpart shall be deemed an original, all of which taken together shall be one and the same instrument. This Mutual Release and Settlement Agreement – 4 Agreement shall become effective upon execution of the counterpart by each party and delivery to the other party. THIS IS A RELEASE IN WITNESS WHEREOF, the parties have executed this Agreement on the date designated above. CITY OF PASCO, WASHINGTON TRI-CITIES YOUTH SOCCER ASSOCIATION (T-CYSA) ____________________________________ ____________________________________ Adam Lincoln, City Manager Stephanie Koerner, President EXHIBIT A Tri -Cities Youth Soccer Association to City of Pasco agreed upon equipment transfer detail: Inventory Location Agreed Items Estimated Value Office (8) waiting room area chairs $ 400.00 Total $ 400.00 Agreed Offer 60% $ 240.00 Conference Room Projector $ 1,500.00 (1) large dry erase board $ 500.00 (5) 6ft Tables $ 801.00 (7) 8ft + tables $ 2,227.00 (94) conference room chairs $ 2,159.00 Total $ 7,187.00 Agreed Offer 60% $ 4,312.20 Concession Freezer $ 574.00 Freezer/Fridge $ 565.00 Stove $ 565.00 (2) microwaves $ 300.00 (5) Coolers $ 250.00 misc supplies (paper, plastic, etc) $ 700.00 Popcorn maker $ 150.00 Chili dispenser $ 100.00 Safe $ 500.00 Small rack $ 200.00 Large rack $ 500.00 Shaved ice maker $ 150.00 (3) Stools $ 120.00 (3) Crock pots $ 200.00 Misc utensils $ 350.00 Commercial coffee maker $ 450.00 $ 5,674.00 Agreed Offer 60% $ 3,404.40 Shop/Shed Painter $ 17,000.00 4-seat golf cart $ 1,304.00 Air compressor $ 250.00 Tents $ 727.00 Large table $ 100.00 (9) shelving units $ 1,170.00 approx (20) sign posts $ 100.00 (9) pop up tents $ 675.00 approx (20) pop up goals $ 2,147.00 several 9v9/7v7 extra nets $ 2,027.00 (11) unopened 5 gallons of field paint $ 715.00 Ladder $ 100.00 (3) step stools $ 300.00 (10) garbage cans $ 300.00 approx (52) corner flags $ 891.00 (3) open industrial shelving units $ 600.00 goal anchors (100's) $ 1,500.00 (8) shelving units $ 1,040.00 Tournament benches $ 6,972.00 $ 37,918.00 Agreed Offer 60% $ 22,750.80 Outside on Fields Goals- all to FIFA size per age groups (must be for competitive teams) $ 210,930.00 (29) 11v11 (46) 9v9/7v7 (28) 4x4 Nets- $ 39,150.00 (20)misc 11v11/9v9/7v7 sized nets (33) 11v11 size nets (30) 9v9/7v7 nets (25) 4v4 nets Total $ 250,080.00 Replacement Quote received by city for all of the above NEW $ 210,000.00 Agreed Offer 60% of Quote $ 126,000.00 (2) Aluminum 15' benches $ 1,860.00 Agreed Offer 60% $ 1,116.00 Grand Total $ 157,823.20 Agreed by: City of Pasco, WA Tri -City Youth Soccer Association ___________________________________ ______________________________ Adam Lincoln, City Manager Stephanie Koerner, President