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Home My WebLink About09/01/2010 AGENDA �� I � �� ' I L � ;� �� Gas;Q nr� �� _�°�` •,��,a';� CITY COUNCIL 345 6 Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 "*"AMENDED't'�' SEPTEMBER 1, 2010 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Ailegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA % A. Claims & Check Register; and Correction to August 18, 2010 Check Register B. Minutes of Meeting — August 18, 2010 C. Minutes of Study Session — August 25, 2010 D. Resolution No. 3121 approving the Garland Place Final Plat E. Contract Award to JaNSEtv, INC. for Construction of Wheaton Way/Schley Canyon Slope Etepair F. Ordinance No. 5120 amending Chapter 3.68 of the Bremerton Municipal Code (BMC) r�egarding the "Equipment Rental Reserve Fund" 6. GENERAL BUSINESS A. Concession Agreement with Pierce County-Kitsap YMCA for Management and Operation of the Glenn Jarstad Aquatic Center 7. COUNCIL MEMBER REPORTS 8. ADJSJ�IRNMENT OF CITY COUNCIL BUSINESS MEETING � Americans with Disabilities Acf (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's O�ce at (360) 473-5323 by noon on the Monday preceding the Council meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISIT YOUR COMMENTS TO BE - INCLUDED IN THE RECORD � � ,� . ; � S�C-(-s� � � �. J'S `I �� /� � �C N' � �/J �'��Jc-✓ - I�CJ �"� ' �"� � , � �'�--�--e� ` � � �� ' %'I�i9 .� ��'�� o %�� /' ��,c �C � 1 .�--� J��-� �I �c, 0 2 ,�� L. �- , c� � � . 6� ., �� ,� P �,, �<< REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRIT G TO THE CLERK THANK YOU BREMERTON CITY COUNCIL MEETING� SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW . IF YOU WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD � �� G� r�, � � C, � Gc.��, — � 'V \ �--� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU , t�' M� (�c,� R= `S �� 1 0� Page 44 1 I'm out there quite a bit, and I would talk to 2 anyone who was out there and letting them know what we were 3 doing and get their feedback at that time. We held 11 4 public meetings. We had meetings with neighborhood groups 5 like the Kitsap Homeowners Association a number of times, as 6 well as the neighbors on Leber lane, Grover Lane. We had 7 meetings with organizations, the Mountaineers, and GPC. We 8 had meetings with entities, City of Bremerton, Kitsap 9 County, Suquamish Tribe, again to make sure that they were 10 involved and they were giving input all the way through. 11 We developed what we call the technical qroup that -' 12 had representatives from the City, the County, the Tribe, 13 DOE, Department of Fish and Wildlife, consultants, the 14 Mountaineers, that we ran by all our different reports and 15 all our different things that we were working on to make 16 sure that we got their input in a timely manner. We did 17 eight press notifications and -- as well as all the meetings 18 that go with the SEPA process. 19 So when Mr. Stanfill said he was sad, that couldn't 20 we have just sat down and talk about it, my question to him 21 was, Well, did you know about it? And he said, Yeah, we 22 knew about it last -- well, he knew about it, and he knew 23 about it last March. And I said, Okay. That made me feel 24 good because we had gotten�word out and he was aware of it. 25 He said what he wanted is he wanted to make sure that his Olympic Court Reporting Services Phone: 360-732-4600 �� d e,� � ��{,,� S�- � C / /� /ao � o C,.71.�,,i, ( N( � : , ' MR . � � � � S7 i cv� ��. Page 63 1 three-quarters of a mile away. 2 Remarkably, because the land is so close to an 3 arterial and Ueland Tree Farm purchased the homes along 4 Lebers Lane, we can access an arterial road without leaving 5 property owned by Ueland Tree Farm. We can access an 6 arterial road without leaving property in our control. 7 Let me finish by making a few facts that may add � � 8 some perspective to some of the other comments that you have 9 heard and made here again this afternoon. 10 We have worked collaboratively and openly with 11 members of the community, as Mark Mauren referenced in the 12. previous hearing, since 19 -- since 2004. It's noteworthy 13 that our projec has not been opposed or appealed by a 14 single government agency or long-standing environmental 15 group, and it has been reviewed in depth by the Department 16 of Fish and Wildlife, the Department of Ecology, the City of � 17 Bremerton has been involved, obviously Kitsap County, the � 18 Kitsap Lake Homeowners Association, the Suquamish Tribe, 19 (inaudible) Conservancy and others. The Kitsap County 20 Department of Community Development supports its approval. � 21 There are no adverse impacts anticipated to � 22 endanger threatened or sensitive species because none have 23 been found within our property or near any of the proposed J 24 mining sites. 25 Are there negative impacts from this project? � Olympic Court Reporting Services Phone: 360-732-4600 �� 2 �Y c��- �"aN�s I�P 3 Page 106 1 In this appeal that we've heard for the last two 2 days, it's important to note that there is no scientific � 3 ex ert or engineering expert testimony that has been offered 4 to challenge the adequacy of the EIS, no federal or state 5 agencies, n mu ni c ipalities includin Bremerton, no tribe, 6 nor any organized environmental group has appealed the 7 adequacy of this EIS. 8 You will hear about the extensive involvement of 9 all these agencies, municipalities, tribes, and 10 environmental groups both before and during the 11 environmental review that's taken place over the last 12 several years. It was an integrative process, and Ueland 13 Tree Farm welcomed, encouraged, and incorporated the 14 concerns, suggestions, and recommendations of these entities 15 into the project plans. This has resulted in over 160 16 mitigation conditions, probably more so than in any other 17 project in Kitsap County. 18 There was significant testimony relating to the 19 safety of school children using buses along the 20 transportation route anticipated for the project. This is 21 an approximately one-mile route from the project site to 22 SR 3. The safety of children is important to everyone, 23 including Ueland Tree Farm. And you will hear what has been 24 implemented to address the issue, including adjustment of 25 operation hours to avoid the majority of the school buses in Olympic Court Reporting Services Phone: 360-732-4600 �.,' , SRP C o� - v � f�n� �. ; Page 74 � 1 and this is sort of jumping back to the south access -- � 2 there's been an emphasis on the City of Bremerton's control 3 of the the City of Bremerton watershed. And that 4 is a very large expansive area south and southwest of the 5 proposed Ueland mine site. And because we did spend a lot 6 of time sort of poking and pushing at this south access � 7 issue, we did ask for some feedback directly from the City 8 of Bremerton Public Works Director, and that's Exhibit 54 in 9 your record, but Phil Williams has provided an indication 10 that the city is not, apparently at this time, willin to 11 allow for commercial access through their watershed. So 12 that did play into the option a bit. And I bring that up in 13 direct response to an item raised in the appeal. 14 THE HEARING EXAMINER: Let me ask you a question, 15 Mr. Greetham. 16 MR. GREETHAM: SURE. 17 THE HEARING EXAMINER: Did Bremerton have similar 18 objections to the Port Blakely project? � 19 MR. GREETHAM: I wasn't personally involved in the 20 Port Blakely review. The City of Bremerton Planning 21 Department didn't weigh in on this particular EIS; however, 22 we did provide it to them.so we're not sure of their 23 position at this time. But they did provide background 24 information relative to the Port Blakely project. 25 THE HEARING EXAMINER: Thank you. Olympic Court Reporting Services Phone: 360-732-4600 DATE SUBNIITTED: 9/1/2010 AGENDA BIY.L CITY OF BREMERTON CITY COUNCIL ■��s��eo��es��a��a��oa��e�� SUB,T�CT: Committee Meeting Date: COUNCIL MEETIl�IG Daxe: September 1, 2010 Claims & Check Register Department: Financial Services �,, � Presenter: Cathy Johnson ' Phone: 473-5296 SUIVINdAItY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACffiVI�NTS: Check Register. FISCAL IMPACTS {Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: . CITY ATTORNEY: FINANCE DIRECTOR: � MAYOR: COMMITTEE CHAIR _ COUNCIL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ , PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) CORRECTION to August 18, 2010 check register: Check #'s 339057 through 339313 in the amount of $1,415,195.41. 2) Check #'s 339314 through 33946? and EFT's 10134 through 10176 in the amount of $2,284,168.38. �u.��t'� 3) Regular Payroll�for the pay period ending June 30, 2010 in the amount of $102,922.47. 4) Retiree Payroll for the pay period ending August 31, 2010 in the amount of $79,078.99. COIJNCIL ACTION: � Approve ❑ Deny ❑ Table ❑ Coirtittue ❑ No Action ��._�_.�..__ _ ._ _ _ _____� � � � ___ �_ _ _ w_,,� � ... �....�_ ...�.._�.,w.. � i 1 � __„�,...� �-= CITY C)F BREMERT4N i CHECK REGISTER INCLUDING SYSTEM VOIC�S � RUN DAT� 8tf151'10 — 8t18/10 I, the undersigned, do hereby certify under penalty of perjury that #he claim is a � just, due and unpaid obligatian against the city and that 1 am authorized to certify to said claim. f o _e_ _____ � Date -� uditing i� er The foltowing checks are approved for payment: � f � TQTAL Check Numbers: 338057-33� $ 1,415,195.41 � EFT Numbers: 10097 —10133 $ 1,191,799.69 ; I GRAND TUTAL $2,526,995.10 � � �� f/ _ � �' �' "` „�'�%�� 1 i �r :� _ ( � ROVEb' .'."`�". - DAfi '�� ° ? � i � j ��a ,� " t ' � � i l, F � f / ��'' ,�',!/, q Y"' � � �� „�f .' /`�' ,J � P j (_ (:` � P � .' �" �✓ !i" '` � A7"TEST DAT � � � � � � � � � i i i i f I �:� I�I•. til 131111��1�1�.1): :�c��n:� i;it.i. CITY OF E3RE�•tER�i'ON , ( ITY' (:'OUN('IL .......................................................................................� til'B.IF.('T: City C'��uncil virctin� �-linutcs ('unimittcc �lcctii�� Datc: N%-1 fi�r ntcctin3 uf c'c�UNt'll. �lt•:l:�l'INt� I)atr: _ J ��,�,� �� (� �'�1�5� �� 1 UIb DcE�artm�nt: _ ('ity (.uuncil ('rescnter: Nick Wuffurd, C'ouncil President Phonc: (3GU)�73-5280 SU�I�IARY: r�ttaclted is the summary of the City C'ouncil Mcetin� hel�i �G�CU,�- �� o ( a ATTACHMENTS: Meeting Minutes for �pu$-}- �$� �.b (b . J FISCAL [MPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President C[TY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/a C'OMMITTEE CHAIR N/A ('OUNC'IL PRESIDENT: CONSENT AGENDA � GENERAL BUSINESS ❑ _ PLiBLIC HEARING ❑ IZEC01�I�lE�DF,D ;�(OT[ON: �luv� tu aprrovc m�ctin� minutes as present��l. ('Ot'`('1[. .1('7'ION: ❑ �lpprove ❑ I)rny ❑ "I'ablc ❑ ('untinur ❑ No ,^ctiun DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 18, 2010 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, August 18, 2010 8t 5:00 PM 111 COUI1Cil C011f2�211C2 RO011'1 603 Of th2 NORM DICKS GOVERNMENT CENTER 345 6�' Street, Bremerton, Washington, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell and Jim McDonald. Also present were Assistant City Attorney Ken Bagwell; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. A CouNCi� BRiEFiNG was then held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Pastor Eric Roberts of New Life Assembly. MAYOR'S REPORT • Presented pictures taken of the two recent block parties held in Perry Avenue and Union Hill; • Attended the ceremony and ground breaking for the new headquarters of the Rice Fergus Mil�er Architecture & Planning Firm in the building that was formerly the Sears Tire Center on 5�' Street; � Was pleased at the high turn out for the 2" Annual Wine Festival held at the Fountain Park; • Encouraged attendance at the West Sound Safety & Health Expo event along the Boardwalk; • Mentioned the successful New Health Care Law forum hosted by Council Member Dianne Robinson, and provided contact information for AARP www.aarp.orq/petthefacts and www.bulletin.aarp.orQ/health care; Peninsula Community Health Services www.pchsweb.org; Insurance Commissioner (800) 562-6900 for citizens wishing to receive additional information. PUBLIC RECOGNITION Maureen Eaauinta discussed the deficit left from the Bremerton High School Senior Grad Night Event held this year and if people were willing to donate, to please contact her directly at (360) 440-1059. Ron Greisinq presented a letter to express his concern about the excessive noise and speed along Shorewood Drive, and asked the City for help in finding a solution. Council Member Mauain agreed that this is a serious problem, but reminded Mr. Greising and the public that the City lost the ability to improve the safety of this area when funding for adding sidewalks to this area to improve the safety when the proposed increase in car tabs was rejected by the citizens. Jack Stanfill stated that as a member of Concerned Citizens of the Chico Creek Water Basin (CCCCWB) they are working hard to inform residents in the Chico and surrounding community about the affects of the UELAND TREE FARM Mineral Resource Development Project, including the destruction of a critical wildlife corridor and water contamination; and the impact this project will have on the lives of family and friends because, as approved by the Hearing Examiner, will last for 35 years. Anyone interested will find more information on the website at www.ccccwb.or4 or by calling (360) 373-3305. CONSENT AGENDA A. Check Numbers 339057 through 339056; and EFT-10097 through EFT-10133 in the amount of $2,526,955.10; Regular Payroll (pay-outs) in the amount of $26,835.46 for pay period ending July 31, 2010; and Regular Payroll in the amount of $696,659.15 for pay period ending August 15, 2010. B. Minutes of Meeting — July 21, 2010 C. Minutes of Study Session — July 28, 2010 D. Minutes of Meeting — August 4, 2010 E. Minutes of Study Session — August 11, 2010 F. Appointment of Kallie L. Gatzemeier-Wood to the CDBG/HOME Citizen Advisory Board Capital Committee City Council Reg. Mtg. Minutes Wednesday, August 18, 2010 Page 2 of 4 G. Interlocal Agreement with Kitsap County for CDBG Services to share cost for CDBG/HOME Programs Specialist H. Automatic and Mutual Aid Interlocal Agreement for Fire Protection, Emergency Medical, and other services I. Technical Rescue Mutual Aid Interlocal Agreement J. Interlocal Agreement with the City of Forks for Prisoner Confinement K. Contract Extension with BANK oF AnnER�cA for Primary Banking Services There were no quesfions or comments from the public... 05:51:30 M/S/C/U (Arends/UVheeler) Move to approve the CoNSENT A�ENOA as presented. GENERAL BUSINESS 6A — PROFESSIONAL SERVICES AGREEMENT WITH CASCADE POWER GROUP. LLC TO DEVELOP A RESOURCE CONSERVATION MANAGEMENT PROGRAM: Michael Mecham, City Engineer, explained that three (3) qualified firms listed on the Municipal Services Research Center (MRSC) consultant roster were selected to interview to perform resource conservation management services. Based on experience with similar projects CASCADE POWER GROUP LLC was selected as the most qualified firm to provide the resource conservation management services. Chris Henrv, Kitsap Sun Reporter, first explained that she was here tonight in place of Steve Gardner, and then asked if the City was required to have a Resource Conservation Plan. Mr. Mecham answered that he is not aware of one being required, but pointed out that the City did have one. 05:54:05 Mofion was made by Robinson and seconded by Runyon; Council Members then began their discussion and provided comments... Mr. McConnell asked if there was an agreement with the other cities. Mr. Mecham stated yes. Mr. Wheeler asked if anyone was going to work with the consultant to train them, and at the same time creating a point-of-contact. Mr. Mecham responded yes, one of the City's engineers will be assigned. Mr. Runvon explained that the City Council established an energy policy in 2008 and that approval of this Agreement tonight was an additional step toward the pursuit of that goal; con�rmed that this was a 2-year program; and added that the savings from conserving energy will help to keep rates stable. Mr. Wheeler commented that this program is good for the environment and will save the City and the taxpayers money; thanked the staff for finding this grant, and following through to obtain the grant. Mr. Mecham gave a lot of the credit to Pat Coxon, Wastewater Manager for pursuing the grant. 06:01:25 M/S/C/U (Robinson/Runyon) Move to approve the Professional Services Agreement with CASCADE POWER GROUP LLC for the Resource Conservation Management Program; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. PUBLIC HEARING 7A — ORDINANCE NO. 5119 TO SURPLUS AND TRANSFER PARK PROPERTY TO RIGHT-OF-WAY FOR 11 STREET AND WARREN AVENUE INTERSECTION IMPROVEMENTS (2" of 2 Public Hearin s: Mike Mecham, City Engineer, reiterated from the August 4 public hearing that the Parks Board was consulted and issued an advisory report in March 2006 recommending the Parks property � located at 11 & Warren be surplused in accordance with BMC 13.12.030 with a portion transferred to right-of-way and the remainder sold. City Council authorized the sale of the former tennis courts portion of the property and deferred transfer of the remnant portion of the property until further review was City Council Reg. Mtg. Minutes Wednesday, August 18, 2010 Page 3 of 4 complete. The projects right-of-way plan was approved by the Washington State Department of Transportation in March and the City is now acquiring additional property needed for the improvements which includes completing the transfer. David Alt, WSDOT, was also present to answer any questions. President Wofford opened the public hearing. With no comments, the hearing was closed to the public and opened to the Council... 06:10:00 Motion was made by Wheeler and seconded by Brockus... Council Members then began their discussion and provided comments... Mr. McConnell provided comments in support, adding that this action should have been taken place years ago. Mr. Runvon asked again if other options such as traffic light synchronizing were considered. Mr. Alt answered yes, but explained the reasons why an option such as traffic light synchronizing would not alleviate the problem because it would not address the 70% of the t�affic that wants to turn right, but are stuck in the "queue" because the right turn lane is not long enough. Mr. Mecham then addressed other issues raised such as a bike lane and sidewalks; traffic patterns in the vicinity of Olympic College; coordinating closure of the Manette Bridge after completion of this project; the expected completion date is expected the summer of 2011; the consideration for pervious pavement assuming the right balance of soils are present on the project site; the project being subject to purchasing three additional homes within the next 30 days; and the transfer of funds to the Parks Department as compensation for the loss of parks property. Mavor Lent added that per statistics provided by the Police Department, there have been 37 accidents at that intersection between August 2008 and August 2010. Mr. Wheeler is satisfied of the need for this project, and in the decision to disperse the funds to the Parks Department. He hoped that this project will reduce the impact on neighborhoods such as Broadway or Elizabeth Avenue which are currently being used as shortcuts by drivers to avoid the intersection. Mr. McDonald believed that the project has some good safety aspects and that there are some environmental benefits to improve the intersection; but was concerned about what would happen if this transfer is not approved. Mr. Mecham answered that the project would have to go back to Kitsap Regional Coordinating Council (KRCC) and Puget Sound Regional Council (PSRC) in order to change the scope of work for the project and either the change would be accepted or the City would have to return the funding. If the project did not proceed then the area would likely be blighted by weeds. Ms. Robinson provided comments in support of the project and was pleased that low impact development was being included; and asked how the amount for compensation was determined. Mr. Mecham explained that appraisals were done on each of the properties so an average of the lot values were used to get the final amount. Mr. Maupin requested clarification on what happens to the proceeds of the property sale. Cathv Johnson, Assistant Finance Director, explained that typically money from a sale would go to the Contingency Reserve. However, since the sale of the parks property is subject to the Parks Protection Ordinance, the money will be going directly to the Parks Construction Fund where it should be. Mr. Brockus and Mrs. Arends also provided comments in support of this project, especially because of the improvements for pedestrian safety. 06:39:35 M/S/C/U (Wheeler/Brockus) Move to pass Ordinance No. 5119 to surplus Parks property located at 11' Street & Warren Avenue in accordance with BMC 13.12.030; and transferring the property to right-of-way, with proceeds from the sale to go to the Parks Development Fund. Motion passed by a unanimous vote of the full Council as required by the Parks Protection Ordinance... City Council Reg. Mtg. Minutes Wednesday, August 18, 2010 Page 4 of 4 COUNCIL MEMBER REPORTS Will Mau in reiterated that Shore Drive has similar problems with speeders as described earlier by Mr. Greising, and that if funding is restored for streets projects, this issue would be a high priority. Carol Arends cautioned drivers to watch for kids on bikes and skate boards. Dianne Robinson provided a briefing on the well attended New Health Care Law Community Forum that was held on Monday and thanked the Emmanuel Apostolic Church and Sheila Collins, New Life Development Center, for sponsoring the event; and assured several citizens who contacted her recently about various issues that she would be in contact with each of them soon. Grea Wheeler thanked Council Member Robinson for her efforts in organizing and hosting the New Health Care Law Community Forum on Monday; reported on several local events he has attended in the past few weeks including the ground breaking for the new location of the Rice Fergus Miller Architecture Firm, the annual picnic for Kitsap Community Resources, the YWCA Alive Shelter fundraiser, Union Hill Block Party, Navy Reception, and Manette Bridge G�ound Breaking Ceremony. Lastly, he encouraged the public to visit the Fountain Park downtown. Rov Runvon thanked the Downtown Business Association for contributing to the Union Hill Block Party; provided an update on the Concession Agreernent with the YMCA to manage the City's pool that will come before the Council at a Study Session on August 25; mentioned that a citizen group is forming to educate the public on backyard chickens, that may include information on enforcement; and reminded all candidates to please remove their campaign signs timely. Adam Brockus reported on the Ground Breaking Ceremony for the Manette Bridge Replacement Project held on Tuesday and appreciated the attendance by all the elected officials; again urged for the return of the bronze plaque stolen from the Manette Bridge; mentioned that the tree at the end of the Manette Bridge will be in place one last year for the tree lighting on December 3; and announced that the City's Fountain Park was mentioned on a recent story on NBC News. Cecil McConnell was pleased to see a replacement of the Manette Bridge was really going to happen. Jim McDonald had the pleasure of attending the annual picnic at the Apple Street Condos, located right above Lions Park. Nick Wofford commented on the very successful Wine Festival and mentioned that popsicles were provided to the kids who showed up with their families to use the fountain; also saw the story on NBC News that featured the Harborside Fountain Park; and again encouraged residents to clean up the city by cutting grass and weeding properties and to volunteer for community organizations. With no further business, President Wofford adjourned the Council Meeting at 6:56 PM. Pre red and Submitted by: r- � LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg i�.�i i•. �t;r��tri��i�i:i�: .�(:FND:� Iill.l. � ('t'I'Y' OF f3RE��IER't'ON ('I�1'Y' (_'OLiN('IL .......................................................................................� ti�'fi.1F:C'"T: ('itv ("��uncil �icctin� �-linut�s C��inmittcc �-I�ctii�� Uatc: v,`:\ li�r mc�tin� ��f c'l )l!N('ll. �11•.I: I�I�It � i)at�: Qp��1l��' ��010 S ,- ----- ' �}l/Q(�tS'�' �-5, 2r0 (fl D��cu•tm�nt: ( ity ( uunril � � i'rescnt�r: Nick �V��ffurci, C'uunril President t'hun�: � �b�)) �173-5230 �U�[i�tARY: i�ttached is the summary of the City C'c�uncil Mcetin� hcl�i F}Vql,�S�-- �,5, 20� O J .�TTACHNiENTS: MeetingMinutesfor f'}vqt,�$-}— �S, �..Ol O ,! FISC��L [MPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT D[RECTOR: Council President C (TY ATTORNEY: N/A FINANCE DIRECTOR: N/A i�1AYOR: N/A ('ON1MITTEE CHAIR N/A ('Ut 1NC'IL PRESIDENT: _ I C'ONSENT AGENDA � (;ENERAL BUSINESS ❑ � _P(%[3LIC' HEAR(NG ❑ ItF.C'O1-I�IF.;VDF,U �IOTION: �lu�� t�i ap��rc��•� mcctin� minutcs c�s ��resrntc�f. ('Ol'\('ll, :1("I'!OV: ❑ :�pprove ❑ I)cny ❑ 'I�ahlc L] ('untinuc ❑ Nu .^ction DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES August 25, 2010 A Study Session of the City Council of the City of Bremerton was called to order in the First Floor Meetll1g Ch8111be�S Of th2 NORM DICKS GOVERNMENT CENTER 345 6' Street, Bremerton, Washington, Wednesday, August 25, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Council Member Dianne Robinson was absent. Legislative Assistant Lori Smith was present to provide staff support. President Wofford announced that the Study Session was open to the public, however there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NON DISCUSSION ITEMS 1. Proposed resolution approving the Garland Place Final Plat — Nicole Floyd, Community Development; and Greg Wheeler, Planning Committee Chair Consent Agenda on September 1 2. Contract Award for Construction of Wheaton Way/Schley Canyon Slope Repair — Michael Mecham, City Engineer; and Dianne Robinson, Public Works Committee Chair Consent Agenda on September 1 B. FULL DISCUSSION ITEMS 3. Proposed ordinance amending Chapter 3.68 of the Bremerton Municipal Code (BMC) entitled "Equipment Rental Reserve Fund" — Jim Orton, Equipment Services Manager; and Dianne Robinson, Public Works Committee Chair Consent Agenda on September 1 4. Concession Agreement with Pierce County-Kitsap YMCA for Management and Operation of the Glenn Jarstad Aquatic Center — Wyn Birkenthal, Parks & Recreation Director; and Roy Runyon, Public Safety and Parks Committee Chair Genera/ Business on September 1 President Wofford called a 10-minute recess from 6:00 to 6:10 PM... 5. Youth Wellness Campus and Partnership with the Bremerton School District — Mayor Patty Lent (Information On/y...) C. GENERAL COUNCIL BUSINESS Council Committee Chairs provided briefings, and general information was shared. With no further business, President Wofford adjourned the Study Session at 6:35 PM. Prep red and Submitted by: � � L R SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg DATE SUBMITTED: August 18, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL � .......................................................................................� �J o. 3 � a.� SUBJECT: Resolution approving the Committee Meeting Date: July 13, 2010 Garland Place Final Plat. COIJNCIL MEETING Date: September 1, 2010 Department: DCD Presenter: Nicole Floyd Phone: 473-5279 SUMMARY: The action before City Council is to approve the Garland Place Final Plat. Preliminary Plat approval was granted by the Administrative Hearings Examiner in May 31, 2002 for the subdivision of 2.4 acres into 12 sepazate building lots, associated open space tracts, and associated Right of Way. The applicant has met all of the conditions of the Preliminary Plat approval and therefore the City Engineer and Community Development Director recommend Final Plat approval. ATTACHMENTS: (1) Proposed Resolution granting Final Plat approval (2) Schematic Map of Plat FISCAL IMPACTS (Include Budgeted Amount): , APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: . FINANCE DIlZECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: �' CONSENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Resolution No. �2 japproving the Final Plat called Garland Place and authorizing the City Council President to sign the mylar. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3 � �- � A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the Garland Place Final Plat (File No. BP09- 00001). WHEREAS, On May 31, 2002 the Administrative Hearings Examiner granted Preliminary Plat approval after holding an open record public hearing to divide 2.4 acres into 12 individual single family residential lots, and WHEREAS, The Garland Place Final Plat includes 121ots with associated open space, and Rights of Way, and WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been met and Final Plat approval is requested; WHEREAS, the City Engineer and DCD Director recommend approval of the Garland Place Final Plat, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Garland Place Final Plat as represented by the schematic drawing in Exhibit A is hereby approved. SECTION 2. The City Council President is hereby authorized to sign the Mylar. SECTION 3. Severabilitv. If any one or more sections, subsections, or sentence of this Resolution aze held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. E�'f'ective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2010. Nick Wofferd, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk � � • I II ' 1 I I • I � . . • � � � � ' '- � `� � t� � -' � � ,, '.,�i�;6s�`_ � v._w: _, 1,',, �. � ,� .., �'��Y,_ 3't1' , r= :."� _ �. j, - _ . �.` ', c,�' � � r �' • ' �;,y . �r � '+�. . ; �� t �. { �� f`�� . �� ' I � � �� i ' i • � � i i ( �� 1�"..�'A _�f� `a"'! �l 3 � . ya � v r � ,� ' `�� t , ; � '�a ' �� 'y � � � 5.��'VY�'�' `' �� I� ;�t .� . rar - ��.,.,�a e: . 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DATE SUBMITTED: August 18, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Award Contract for Committee Meeting Date: August 25, 2010 Construction of Wheaton Way/Schley COUNCIL MEETING Date: September 1, 2010 Canyon Slope Repair to Department: PW&U � ��''L �� Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "Wheaton Way/Schley Canyon Slope Repair" will be opened on August 30, 2010. The Engineer's Contract Estimate for this project was $550,000. Z bids were received for this project. ��Se�-► ..Th�_ , was the lowest responsive, responsible bidder with a bid of $ ay (including estimated sales tax). ATTACHMENTS: 1. Council Summary; 2. Agreement; and 3. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): Construction of this project is funded by FHWA. This project is identified in the 2010 Budget. The total project cost is estimated at $735,000. 13.5% match is required. Funds aze available in the Arterial Street fund. APPROVALS: DEPARTMENT DIRECTOR: w g�Q/ f� �� CITY ATTORNEY: FINANCE DIRECTOR: 0�� o ( D� MAYOR /lGt9`tS f' �D �:.. f`2COMMITTEE CHAIR � � COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to award a contract in the amount of $ oZ 2�'� . 1�4, aa. (including sales tax) with � for construction of the pro �ect titled " W heaton Way/Schley Canyon Slope Re air" and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action � Wheaton Way/Schley Canyon Slope Repair Council Summary In the Flood of December 2007, Lower Wheaton Way at Schley Canyon on the downstream side was damaged. Since that time traffic has been rerouted to � northerly awaiting repairs. Funds were obtained from FHWA to make the repairs. A 13.5% match is required. Funds are available in the Arterial Street Fund to satisfy the match. This Contract provides for the repair of the existing embankment on Wheaton Way at the Schley Canyon. The work consists of excavation of portions of 40 feet high slope, and reconstruction of slope embankment using Gabion walls. The dislocated end of existing 36" diameter culvert pipe will be replaced and repaired. This work includes the removal of existing asphalt pavement as shown in the Plans, milling 2 inches of existing pavement, overlay of pavement to finish grade, installation of asphalt extruded curb, pavement striping, hydroseeding and straw mulching of slope areas that were disturbed and made exposed to weather, and providing traffic control and other work, all in accordance with the attached Contract Plans, the Special Provisions, and the Standard Speci�cations. August 2010 Council Summary corrr�c�r CTTY OF BREMERTON, K1T3AP COUNTY, WA3HINGTON TI�S AGREEMENT, made and entered into this day of , 20 between the Cft�► of Bremerton under and by virtue of Title 35 RCW (cities) as amended, and � hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and fumish all tools, materials and equipment for the Vi�eatoa Way/3eh1�► Caapon 3lope Repalr, in accordance with and as described in the attached Plans and Specifications, and the 2010 Standard Specifications of the Washington State Department of Transportatioa which are by this reference incorporated herein and made part hereof and shall perform any changes in the work in accord with the Contract Documents. The Contractor shall pmvide and bear the expense of all equipment, work, and labor, of any sort whatsoever t6at may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Bremerton. II. The City of Bremerton hereby contracts with Contractor and Contractor 6ereby agrees to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached Plans and Spec�cations and the terms and conditions herein contained and hereby Contracts to pay for the same according to the attached specificarions and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this Contract. III. The Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, uneraployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including atl required licenses for Contractor's officers, agents, employees and subcontractors. N. The Contractor for himselflherself, and for his/her heirs, executors, administrators, successors, assigns, does hereby agre� to the full performance of all the covenants herein contained upon the part of the Contractor. V. [t is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as provided herein. City of Bremerton Wheaton Way/Schley Carryon Slope Repair LD-/3 June 2010 Vl. 1NDEMMFICATION. Contractor shall defend, indemnify and hold the City, its o�icers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, tosses or suits including all legal cost and attorney fees, arising out of or in connecrion with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptanca of any of Contractor's work when completed shall not be gronnds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its oi�cials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the exteYrt of the Contractor's negligence. IT IS FURTF�R SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSITUTES THE CONTRACTOR'S WAIVER OF Il�iMiJr1ITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PAR'TIES ACKN4WLEDGE THAT Tf�Y HAVE MUTUALLY NEGOTIATED THIS WANER The provisions of this section shall survive the expiration of termination of this agreement. IN WITNESS WI�REOF, the Contractor has executed this instrument, on the day and yeaz first below written and the Local Agency Approving Authority has caused this instrumeut to be executed by and in the name of said City of Bremerton the day and year fust above written. Executed by the Contractor this day of , 20 Contractor Executed by the Local Agency this day of , 20 City of Bremerton Approving Authority (SEAL) City of Bremerton Attorney City of Bremerton Whealo� Way/Schley Ca�ryon Slope Repafr L0.14 June 2410 CONTRACT BOND CITY OF BREMERTON, KITSAP COUNTY, WA3HINGTON KNOW ALL MEN BY THESE PRESENTS: T� , of � Principal, and . as Surety, are jointly and severally held and bound unto TEIE CIT'Y OF BREMERTON, the penal sum of Dollars ($ ), for the payment of which we jointly and severally bind owselves, or heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents. The condition of this bond is such thai WHEREAS, on the day of , A.D., 20 , the said . Principal herein, executed a certain Contract with the City of Bremerton, by the terms, condidons and provisions of which Contract the said _ . Principal herewith, agcees to furnish all materials and do certain work, tawit: That the said Principal herein will nndertake and complete tha following described work: the County of Kitsap, V►/ashington, as per maps, plans and speciScations made a part of said Contract, which Contract as so executed, is hereunto attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length. NOW THEREFORE, if the Principal herein shall faithfupy and tivly observe and comply with the terms, conditions and provisions of said Contract, in all respects and shall well and truly and fiilly do and perform all matters and things by the said Principal undertaken W be performed under said Contract, upon ^ the terms proposed therein, and within the time prescnbed therein, and until the same is accepted, and shall pay all iaborers, mechanics, subcontractors and materialmen, and all persons who shall supply such Contractor or subcontractor with provisions and supplies for the cazrying on of such work, and shall in all respects faithfully perform said Contract according to law, then this obligation to be void, otherwise to remain in full force and effect. WITNE3S our hands this day of _ , 20 Principal Surety Company By: $y . ay: Attomey-in-fact APPROVED AS TO FORM this day of , 2p Address of local office and agent of Surety Company: Ciry of Bremerton Attomey City of Bremerton Wl�eaton Way/Schley Carryon Slope Repair LA1 S June 2010 Page 1 of 2 Lori Smith From: Lori Smith on behalf of City Council , Sent: Wednesday, August 25, 2010 2:03 PM To: City Council Subject: FW: Response to Questions on Study Session Item A-2 "Wheaton/Schley Canyon Slope Repair" (Greg Wheeler) The following question and response regarding this item is being provided to all Council Members for � their information... From: Cathy )ohnson Sent: Wednesday, August 25, 2010 1:58 PM To: City Council; Mike Mecham Cc: 'Nick Wofford' Subject: RE: Questions on Study Session Item A-2 "Wheaton/Schley Canyon Slope Repair" (Greg Wheeler) I have spoken to Mike and he has confirmed that the required match for this grant is unspent fuel tax proceeds from prior years available in the Arterial Street fund. The 2010 budget included expenditures for this project and anticipated a year end fund balance of $1,157,000. The current fund balance is approximately $1 M. As part of the 2011 budget process, I have requested an update of all current and projected transaportation projects in this fund to confirm the remaining balance of unexpended fuel tax and other funds. Real Estate Excise tax are not anticipated to fund the City match on this project. From: Lori Smith On Behalf Of City Council Sent: Monday, August 23, 2010 2:52 PM To: Mike Mecham; Cathy Johnson Cc: 'Nick Wofford' Subject: FW: Questions on Study Session Item A-2 "Wheaton/Schley Canyon Slope Repair" (Greg Wheeler) Mike and Cathy, Please see the questions directed to you by Greg Wheeler in his e-mail below regarding Item A-2 ("Contract Award for Construction of Wheaton Way/Schley Canyon Slope Repair") listed under "Non- Discussion" on the August 25 Study Session Agenda... For your convenience, I printed the excerpt from the July 13 PW Committee Meeting Minutes when this item was discussed... It would be appreciated if you would include the Council Office on any reply you provide to Greg. Thanks, Lori Minutes from the July 13, 2010 Public Works Committee Meeting: Contract Award for Construction of Wheaton Way/Schley Canyon Slope Repair Sealed bids for construction of the project titled "Wheaton Way/Schley Canyon slope Repair" were opened on August 3, 2010. The Engineer's Contract Estimate for this project was $550,000. Schley Canon Road was damaged in storm 2007. We have been working with FEMA and DOT to get the money, which is a long process. There is no contract at this time as it has not out for bid yet. FEMA money has a 13.5% match and those monies will come from the Arterial Street Fund. Larry noted that once the project starts, there are only 20 days to complete the project. Estimated cost 8/25/2010 , Page 2 of 2 is $550,000. Jim asked how it will be repaired. Larry explained the process of wire cages starting at the bottom and stacking them on top of each other to the top 'of the slope, putting crushed rock behind it, and installing pipe with slope protection underneath the pipe so it doesn't erode out. Council members recommend this go on the consent agenda. From: greg wheeler [mailto:electgregwheeler@gmail.com] Sent: Sunday, August 22, 2010 12:30 PM To: City Council Subject: A2 Wheaton/Schley Canyon Slope Repair Hi Lori, Please forward these comments and question to Mike Mecham and Cathy Johnson. 1) Arterial Street Fund - 4.31 % of budgeted revenue's have been received as of July 31. 2) Arterial Street Fund - 20.65% of budgeted expenditures have been expended as of July 31. Back in the spring we based our REET revenue at 570K this year to safely meet future bond obligations. We also reduced the amount going into our street fund by 75K. Our current REET collections through June is $192,787. Well off the pace to meet our financial obligations. We obviously need this project completed. Question: Where is our 13.5% required match ($99,225) going to come from? Mike/Cathy - Thank you in advance for answering my question. Sincerely, Greg Wheeler 8/25/2010 CITY OF BREMERTON BID TABULATION BID Wheaton Way/Schley Canyon Stope OPENED Caroi Etgen TITLE: Re air BY: DATE TIME 11:00 AM RECORDED Ed Aban . OPENED: Au ust 30, 2010 OPENED: BY: NAME OF BIDDER BOND BID SALES TOTAL TAX Gnr�s�'� f ✓ 2 g0 ._°� 2�7 �'OLi °—�'- ..S l� 13„� ✓ � 3 � 3 3 S p`f' � �.<:, Jde��s d. t� � wG ✓� Z � � .� 2 b 3 y � ✓� 2 f� b 2°.� 2.� �' g z.. °<' S��u.�. �I�,e✓' ° 4v � � � � 1 ti7 �Z v � p_�--, v � p � vv SUMMARY APPARENT LOW BIODER n' f Engineer's Estimate: , �j �f� ��d`� �p�� . a"ai �-1-7,I't�r> c� Qo SECOND LOW BIDDE �r�sfi'uc� � <}- �,D THIRD LOW 81 DER �u�� ' `ar� o�� $� � � DATE SUBMITTED: August 17, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■ ��r��r�� SUBJECT: Ordinance No. 'J� �� Committee Meeting Date: August 25, 2010 _ amending Chapter 3.68 of the Bremerton COUNCIL MEET[NG Date: September /, 2010 Municipal Code entitled "Equipment Rental Department: PW&U Reserve Fund" Presenter: Jim Orton Phone: 473-5359 SUMMARY: Chapter 3.68 of the Bremerton Municipal Code entitled "Equipment Rental Reserve Fund" will be updated to clarify the operation and administration of the fund. The proposed amendment esta.blishes ownership of the vehicles and equipment within the fund as belonging to the fund, assigns the Director of PW&U the responsibility of administering the fund, and identifies what is included in the equipment use charges assessed to each user department. ATTACHMENTS: Proposed Ordinance, Copy of RCW 35.21.088 FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: ` ^ DEPARTMENT DIRECTOR: v�-- CITY ATTORNEY: � FINANCE DIRECTOR: MAYOR: P ,t f `e COMMITTEE CHAIR • �i �1 � �� COUNCIL PRESIDENT: ,. CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Ordinance No. J �� amending Chapter 3.68 of the Bremerton Municipal Code entitled "Equipment Rental Reserve Fund." COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. � �a' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 3.68 of the Bremerton Municipal Code entitled "Equipment Rental ' Reserve Fund" WHEREAS, the City Council desires to amending Chapter 3.68 of the Bremerton Municipal Code entitled "Equipment Reserve Fund to update provisions relating to the administration and operation of the fund; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.68 of the Bremerton Municipal Code entitled "Equipment Rental Reserve Fund" is hereby amended to read as follows: Chapter 3.68 EQUIPMENT RENTAL RESERVE FUND 3.68.010 CREATED. There is created an equipment rental reserve fund which shall be used as a revolving fund or funds to be expended for salaries wages and operations required for the repair replacement purchase and operation of equipment and for the purchase of equipment materials and supnlies to be used in the administration and operation of the fund in accordance with RCW 35 21 088. 3.68.020 ADMINISTRATION. The equipment rental reserve fund shall be administered by the �4a3�e�Director of Public Works and Utilities or his/her designee in accordance with RCW 35.21.088 and *'�°��ndirectives of the Washington State Auditor. The Director of Public Works and Utilities or his/her desi�nee, with approval of the Mayor is authorized to establish policies and procedures to implement the provisions of this chapter 3.68.030 EQUIPMENT. (a) All txucks, passenger cazs and construction equipment currently in the equipment rental fund shall be in the fund established by this chapter. All vehicles and equipment currently owned by the various city departments may be transferred to the equipment rental reserve fund at the direction of the City Council. (b) All vehicles and equipment within the equipment rental fund shall be the property,of the Fund. (�c) Certain specialized items of equipment may, at the direction of the City Council, be expressly excluded from or included in the equipment rental reserve fund. 1 Equipment Rental Reserve Fund 2 L411d� TDAIUQL'L`D AL` L`iT1Ui1Q L'DAAd L`lliliDARL'AiT DL`NTAi �:w:v� i�Vi'1'tJt A 11 �,.,,1� .,., .io..,.�:* . ,:+1, ti,e !'�:+.. T..e„�,,..o.. .,11 .. «*� « .�l.le .,...i �ll � e e �� 3.68.A58040 EQUIPMENT USE CHARGES. Each department, using equipment which is part of the equipment pool, shall pay into the equipment rental reserve fund a monthly rental pavment which shall cover operation, maintenance for and replacement costs of each vehicle it uses�� , 3.68.A�A050 PURCHASES. All purchases made from the fund shall be in accordance with the charter and ordinances of the City. �-.�og.-vv L` � DL' YTtsr'C'�a D a� 3.68.A9A060 DEPOSITS. All moneys deposited in the equipment rental reserve fund, including amounts included therefore in the annual budget of the City and not expended as in this chapter provided, shall remain in the fund from year to yeaz and shall not be transferred to any other fund or expended for any purpose unless authorized by the City Council�see�e� ; , , r� ••+ •, • +: m�h�rr�r� ftr�thr�C:• ,•: t „� �t, n • �. t� � t t� � • t, +t, � + + � --v ^' ---',/ '--"� '��'�•••�`�' ••••+ �..»...... ..� ..a� �a..� uaaasaa wvvaa.�aa uav va�uaYaaavaac av 7 rftl�'tl�: SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 2 Equipment Rental Reserve Fund SECTION 3. E„�'ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2010 NICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 ORDINANCE NO. R:\Legal\Legal\Ordinances�Public Works & Utilities�BMC 3.68 Equipment Rental Reserve Fund.doc 3 Equipment Rental Reserve Fund nt.vt ��.ai.voo. L,ywNuiciu �oiiuu iuiiu. ragc i vi i RCW 35.21.088 Equipment rental fund. Any city or town may create, by ordinance, an "equipment rental fund;' hereinafter referred to as "the fund,° in any department of the city or town to be used as a revolving fund to be e�cpended for salaries, wages, and operations required for the repair, repacement, purchase, and operation of equipment, and for the purchase of equipment, materials, and supplies to be used in the administration and operation of the fund. The legislative authoriry of a aty or town may transfer any equipment, materials or supplies of any office or department to the equipment rental fund either without charge, or may grant a credit to such office or department equivalent to the value of the equipment, materials o� supplies transferred. An office or department receiving such a credit may use it any time thereafter for renting or purchasing equipment, materials, supplies or services nom the equipment rental fund. Money may be placed in the fund f�om time to time by the legislative authority of the aty or town. Cities and towns may purchase and sell equipment, materials and supplies by use oi such fund, subject to any laws goveming the purchase and sale of property. Such equipment, materials and supplies may be rented for the use oi various offices and departments of any a1y or town or may be rented by any such aiy o� town to govemmental agenaes. The proceeds received by any ary or town from the sale or rental of such property shall be placed in the fund, and the purchase price of any such p�operty or rental payments made by a aty or town shall be made from moneys available in Uie fund. The ordnance creating the tund shall designate the offidal or body that is to administer the fund and the terms and charges for the rental for the use of any such property which has not been purchased for its ovm use out of its own funds and may from time to time amend such orfinance. There shall be paid monthly into the fund out � the moneys availade to the departmerrt using any equipmerrt, materials, and/or supplies, which have not been purchased by that department for i�s own use and out of its own funds, reasonable rental charges fixed by the legislative authority of the ctity or town, and moneys in the fund shall be retained there from year to year so long as the legislative authoriiy of the city or town desires to do so. Every aty having a population of more than eightthousand, accor�ng to the last offiaal census, shall establish such an equipmeM rental fund in its street depafinent or any other departrnent of ciiy govemment. Such fund shall acquire the equipment necessary to serve the needs of the aty street department Such fund may, in addfion, be created to service any other departments of aty government or other govemmental agencies as authorized he�einabove. [1965 c 7§ 35.21.C83. Prbr. 18�i c 115 § 7;1953 c 87 § 1.] NOt6S: Census to be conduded in decennial periods: State Constitution Art. 2§ 3. Determination of population: Chapter 43.62 RCW. DATE SUBMITTED: August 17, 202U AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Concession Agreement with Committee Meeting Date: August 25`�, 2010 Pierce Kitsap YMCA for Pool Management COUNCIL MEETING Date: Sept. 1 2010 Department: Pazks and Rec. Presenter: Birkenthal Phone: 473-5752 SUMMARY: The attached agreement facilitates YMCA management and operation of GlenqJazstad Aquatic Center. The operation of Jarstad Pool has been subsidized by the City at an annual cost ranging from $150,000 to $200,000 annually, not inclusive of periodic capital improvements. Beginning in 2008 reductions to the Parks and Recreation budget and staffing resulting from a slowing local and state economy have made it increasingly difficult to support Jarstad's operation at historic levels. 'The YMCA which operates indoor swimming pools as part of the organizations core recreation mission has offered to operate and maintain the facility with limited assistance from the City. The YMCA agreement for Pool management will provide continued swimming access and avoid the impacts of facility closure to Bremerton residents. ATTACHMENTS: Concession Agreement FISCAL IMPACTS (Include Budgeted Amount): 2011 general fund savings estimated between $140,000 incl. reduction of 2 FTE and 10 P1T lifeguard-instructors APPROVALS: DEPARTMENT DIRECTOR: � CITY ATTORNEY: � �,, � FINANCE DIRECTOR: MAYOR: � COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS �f PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to enter into the Concession Agreement with the Pierce-Kitsap YMCA for management and operation of Jarstad"Aquatic Center **and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action � DRAFT � 9-1-2010 CONCESSION AGREEMENT BETWEEN CITY OF BREMERTON AND YMCA OF PIERCE AND KITSAP COUNTIES YMCA Concession Agreement TABLE OF CONTENTS RECITALS......................................................................................................................... 1 ARTICLE l. GROUND AND USE CONCESSION ......................................................... 2 1.1 Concession of Premises . ..................................................................................... 2 1.2 Possession, Quiet Enjoyment & Covenants Real . ............................................ 23 ARTICLE 2. TERM OF AGREEMENT ............................................................................ 3 2.1 Term .................................................................................................................... 3 2.2 Option to Renew . ................................................................................................ 3 2.3 Expiration or Termination of Agreement - Improvements . ................................ 3 ARTICLE 3. CONSIDERATION .................................................................................... 34 3.1 Consideration for Concession . .......................................................................... 34 3.2 Pool Management by the YMCA . ..................................................................... 5 3.2.1 YMCA Responsibilities and Obligations .................................................... 5 3.2.2 Transition Period - September 1, 2010 to December 31, 2010 .................. 5 3.2.3 CITY Maintenance Responsibilities and Obligations ............................... 63 3.2.4 CITY Payment . .......................................................................................... 6 ARTICLE 4. USE & OPERATION OF PREMISES ......................................................... 6 4.1 Use of Premises ................................................................................................... 6 4.1.1 Recreational Uses ........................................................................................ 6 4 .1.2 Incidental Uses .......................................................................................... 76 4.1.3 Sub-Concessions ........................................................................................ 7 4.1.4 Security and Nuisance During Use ............................................................. 7 4.2 Operating Hours .................................................................................................. 7 4.3 Entry by CITY . ................................................................................................... 7 4.4 Health Inspections ............................................................................................. 8� 4.5 Maintenance, Repair, & Improvements ............................................................. 8 4.5.1 Maintenance ................................................................................................8 4.5.2 Sidewalks and Parking Maintenance . ......................................................... 8 4.5.3 Janitorial and Landscaping Services ........................................................... 8 4 .5.4 Repair of Damage ....................................................................................... 8 4 .6 Signs ....................................................................................................................9 4.7 Utilities ................................................................................................................9 4.7.1 Utility Services and Expense ...................................................................... 9 4.7.2 Trash & Garbage ......................................................................................... 9 4 .8 Parking ................................................................................................................9 4.9 Hazardous Substances ..................................................................................... 1(l9 4.9.1 Definition . ............................................................................................... 1(}9 4.9.2 Information . ............................................................................................ 1(k1 4 .9.3 Indemnification . ........................................................................................ 10 4.10 Risk of Loss . ..................................................................................................... 10 ARTICLE 5. DEVELOPMENT OF IMPROVEMENTS ............................................... 10 5.1 City Consent ...................................................................................................... 10 5.2 Development and Construction Fees & Expenses ........................................ 11-1-A 5.3 YMCA's Development Project . .................................................................... 1 l�A 5.4 No Liens .......................................................................................................... 11 YMCA Concession Agreement i ARTICLE 6. FINANCING & SECURITY INTERESTS ............................................ 12d-� 6.1 Financing - No CITY Obligation .................................................................. 12-1-� 6.2 Security [nterest in Premises & A�eemenUConsent .................................... 12-1-l� 6.3 LENDER's Reliance on Term and Renewal Options ..................................... 12 6.4 Surrender of the Collateral ............................................................................ 13� 6.5 Notice of Default and Lender's Rights . .......................................................... 13 6.5.1 Notice of Default ....................................................................................... 13 6.5.2 Termination for Monetary Default ............................................................ 13 6.5.3 Termination for Non-Monetary Default . .................................................. 13 6.5.4 Termination due to Bankruptcy . ............................................................... 13 6.6 Right to Assign . ............................................................................................ 14�-3 6.7 Disposition of Insurance . .............................................................................. 14�-3 6.8 Right to Participate in Litigation ..................................................................... 14 6.9 Incorporation of Lender's Protection Provisions .............................................. 14 6.10 Right to Remove Collateral . ............................................................................. 14 6.11 Notices ..............................................................................................................14 6.12 Lenders Change in Loan Terms .................................................................... 15-�-4 ARTICLE 7. TERMINATION ..................................................................................... 15�-4 7.1 Failure to Perform ......................................................................................... 15�-4 7.1.1 Obligation to Perform . .......................................................................... 15-�4 7.1.2 Payments to Other Parties ....................................................................... 15 7.2 Default and Termination . .................................................................................. 15 7 .2.1 CITY's Default . ........................................................................................ 15 7.2.2 YMCA's Default ....................................................................................... 15 7.2.3 Default for Other Cause . ........................................................................... 16 7.2.4 Bankruptcy ................................................................................................16 7.3 Remedies Are Cumulative . ............................................................................... 16 7.4 Destruction of Premises & Use of Insurance Proceeds . ................................... 16 7.5 Duties upon Termination . ............................................................................. 17�H 7.6 Eminent Domain . .......................................................................................... 17-�-GH 7.6.1 Rights of Termination . ............................................................................ 17 7.6.2 Non-Termination .................................................................................. 17 ..... 7.6.3 Compensation ...........................................................................................17 ARTICLE 8. GENERAL CONDITIONS ......................................................................... 17 8.1 Relationship of Parties . ..................................................................................... 17 8.1.1 YMCA Independent Contractor Status ..................................................... 17 8.1.2 No Third Party Rights Created . ................................................................ 18 8.1.3 No Joint Venture/Partnership .................................................................... 18 � 8.1.4 City Administration of Agreement . .......................................................... 18 8.2 Notices ..............................................................................................................18 8.3 Reports & Records ............................................................................................ 18 8.4 Permits, Licenses, Taxes, & Fees . ................................................................ 19�-$ 8.5 Insurance . ........................................................................................................ 19 8.6 Hold Harmless, Indemnification, & Industrial Insurance ................................. 20 8.7 Successors & Assigns . ...................................................................................... 20 8.8 Compliance with Laws . .................................................................................... 21 YMCA Concession Agreement ii 8.9 Nondiscrimination .............................................................................................21 8.10 Choice of Law & Venue . .............................................................................. 22� 8.11 Costs & Attorneys' Fees . .............................................................................. 22� 8.12 Modification .................................................................................................... 22 8.13 Change in Law/Renegotiation ........................................................................... 22 8.14 Force Majeure ................................................................................................... 22 8.15 Waiver ...........................................................................................................23� 8.16 Illegal Provisions — Severability . .................................................................... 23 5.17 Article Headings, Gender, & Number . ............................................................. 23 8.18 Prior Agreements . ............................................................................................. 23 8.19 Entire Agreement .............................................................................................. 23 8.20 Counterparts ......................................................................................................23 8.21 Recording ..........................................................................................................23 8.22 Approval of Agreement . ............................................................................... 24� Exhibit A— Legal Description of Premises Exhibit B— Preliminary Building and Site Plans Exhibit C— Quit Claim Deed from United States of America to the City of Bremerton YMCA Concession Agreement iii CONCESSION AGREEMENT THIS CONCESSION AGREEMENT ("Agreement") is entered into effective on the date fully executed by and between the CITY OF BREMERTON, a Washington municipal corporation (hereinafter referred to as the "CITY"), and YMCA OF P[ERCE AND KITSAP COUNTIES, a Washington non-profit corporation (hereinafter referred to as the "YMCA"), referred to collectively as the "Parties." RECITALS WHEREAS, City is the owner of certain former United States Govemment surplus property known as "Eastpark"; and WHEREAS, Quit Claim Deed dated December 14, 1972, between the City and the United States under Covenant Number Three, provides that the City may provide related recreational facilities and services compatible with City's application through concession agreements entered into with third parties, such as YMCA; provided, further, that prior concurrence to such agreements is obtained, in writing, from the U.S. Secretary of the Interior or his or her delegated representative; and WHEREAS, The City and the Kitsap Family YMCA, an operating branch of the Armed Services YMCA of the USA ("Kitsap Family YMCA") entered into a concession agreement for the development and operation of a recreation facility on the Eastpark property for recreational, meeting and community activity purposes to serve the citizens of Bremerton effective December 6, 1984 and continuing until January 1, 2015; and WHEREAS, the Kitsap Family YMCA developed, constructed, and is operating such a recreation facility on the Eastpark property pursuant to the concession agreement; and WHEREAS, the concession agreement was amended by the parties September 19, 1990, August 7, 2002 and January 21, 2009; and WHEREAS, on July 1, 2010 the Kitsap Family YMCA was merged into the YMCA of Tacoma and Pierce County forming the YMCA of Pierce and Kitsap Counties ("YMCA") which assumed all rights and responsibilities of the concession agreement; and WHEREAS, the City owns the indoor swimming pool and building situated on the Eastpark property located adjacent to the YMCA facilities commonly known as the Jarstad Pool; and WHEREAS, the parties desire to enter into this agreement ("Concession Agreement") to update and replace in its entirety the concession agreement entered into effective December 6, 1984 as subsequently amended and further to include as part of the agreement operation, management and maintenance of the City's pool; YMCA Concession Agreement 1 WITNESSETH: NOW, THEREEORE, in consideration of the promises, covenants, and provisions set forth in this A�eement, the Parties agree as follows: ARTICLE 1. GROUND AND USE CONCESSION 1.1 Concession of Premises. 1.1.1 Concession Area. CITY hereby grants a ground and use concession to YMCA of land located within the confines of Eastpark on real property legally described in Exhibit A attached hereto and incorporated by reference ("Concession Area") for; a) Operation and maintenance of a recreation facility developed and constructed by the YMCA including building(s), fixtures, appurtenances, parking and exterior landscaping ("YMCA Recreation Center"), and b) Operation, management and maintenance of the City owned indoor swimming pool, building and related improvements located within the Concession Area commonly known as the Glen Jarstad Aquatic Center ("Pool") "Improvements") and generally shown in the site plan in Exhibit B attached hereto and incorporated by reference. (The Concession Area and Improvements are collectively referred to as "Premises"). This Agreement does not create an interest in land in the YMCA. YMCA's interest in the Premises do not include the fee ownership or leasehold interest of the real property upon which the Improvements are located or a fee ownership or leasehold interest of the Pool). The CITY owns the land that is subject to this Concession Agreement as well as the indoor swimming pool, building and related improvements located within the Concession Area. The YMCA owns the YMCA Recreation Center which includes building(s), fixtures, appurtenances, parking and exterior landscaping subject to the CITY's interest upon termination or expiration of this agreement. YMCA `s interest in the Concession Agreement is the right to occupy and use the land upon which its YMCA Recreation Center is located and the right to occupy and use the CITY"s Pool and the land upon which the Pool is located. YMCA `s interest in the Concession Area is subject to the CITY'S interest in the land and the Pool. CITY makes no representation of title and if, for any reason, the City's title to said property should terminate because of prior rights reserved by the United States Govemment or other claimant, this Agreement shall terminate. 1.1.2 Interest in Improvements. The Parties agree that the Premises are currently developed with permanent structures, and that any and all current or future development and construction of Improvements on the Premises, with the exception of the Pool, are owned by YMCA subject to any security interest of lender, if any, and subject to the CITY's right, title and interest at the expiration or termination of this A�eement pursuant to Article 2.3. 1.2 Possession, Quiet Enjoyment & Covenants Real. Except as provided in Articles 3& 4.3 herein, the YMCA shall be entitled to exclusive possession of the Premises. The YMCA shall peaceably and quietly have, hold, and enjoy the Premises at all times during the full term of this Agreement. Every covenant in this Agreement shall be deemed and treated to be a covenant running with the Premises during the full term of YMCA Concession Agreement 2 the Agreement, and shall extend to the heirs, legal representatives, successors, and assigns of the Parties. No change in CtTY's ownership of the Premises, or rights to the payments hereunder, however accomplished, shall operate to enlarge the obligations or reduce the rights of YMCA. No change in CITY's ownership of the Premises shall be binding upon YMCA for any purpose until YMCA shall have been given written notice thereof. ARTICLE 2. TERM OF ACREEMENT 2.1 Term. The term of this Agreement shall be for a period of time commencing September 1, 2010 and continuing until December 31, 2020 upon the terms and conditions set forth pursuant to this Agreement. 2.2 Option to Renew. The CITY agrees to offer the YMCA two (2) successive ten (10) yeaz options to renew this Agreement, contingent upon the YMCA remaining in full compliance with the terms and conditions of this Agreement and further contingent on the CITY accepting the level of insurance coverage in a commercially reasonable amount for the insurance required in Section 8.5.2 for the new 10 year term exercised by the YMCA, which , To execute an option for renewal, the YMCA, not more than 180 days and not less than 60 days prior to the expiration of the term, shall give written notice to the CITY that the YMCA is exercising the YMCA's option for an additional ten (10) year term. The YMCA's written notice shall include a sworn affidavit that the YMCA is currently in full compliance with the terms and conditions of this Agreement. The option will become effective upon receipt by the CITY of the YMCA's written notice and sworn affidavit and no further process or documentation will be required, provided, however upon the YMCA's request, the CITY shall provide a written acknowledgement that such option has been exercised and is in effect. If the option(s) to renew are not exercised, then the Agreement shall expire at the conclusion of the expiring term. 2.3 Expiration or Termination of Agreement - Improvements. Upon the expiration of the term(s) of this Agreement pursuant to Article 2, or upon the termination of this Agreement pursuant to Article 7, other than as a result of condemnation proceedings, the then existing improvements on the Premises owned by the YMCA shall revert to and become the property of and owned by the CITY and the CITY shall have all right, title and interest in the same subject to lenders rights as set forth in Article 6. all imnrovements to the Pool made bv the YMCA belon� to the CITY and the YMCA shall have no interest in the same Title to all supplies, furnishings, inventories, removable equipment and other personal property shall remain in the YMCA and the YMCA shall have a right to remove such items from the Premises unless the YMCA is in default on this Agreement. If the YMCA is in default, the CITY shall have the right to retain all property left on the Premises. ARTICLE 3. CONSIDERATION 3.1 Consideration for Concession. 3.1.1 Concession Fee. YMCA Concession Agreement 3 As consideration for the use concession of the land and Pool �anted by the CITY to the YMCA by Article 1 herein, the YMCA shall provide fair and equitable compensation to the C ITY _� ae-An annual concession fee of Thirty Thousand Six Hundred and Ninetv_ Dollars and No/ 100 ($30.690.001. ("Concession Fee") as the concession value for the YMCA Recreation Center, excludin� the Pool, adjusted by annual CPI pursuant to Section 3 1 2 below, and bL_As additional consideration, the YMCA shall operate, manage and maintain the CITY's Pool as provided in Section 3.2 below. Reco izing that that the operation manasement and maintenance includin� ca�tal improvements made to the Pool results in a deficit budget balance. �#teas lone as the YMCA operates, manages and maintains the Pool as provided for in Section 3.2, the Concession Fee shall be credited to the va,rr � +� r��,e rr-rv+e �,.,.� ,.,. YMCA or such—�-r� operation, �management and maintenanc� :,. �a.., �� a ��-�, �. •�°� �� :� c°�`:�� .''. In addition, the CITY shall provide an annual operatingsubsidy subject to adjustment as set forth below as follows• a) Sent. 2010 to Dec. 31 2010 — Provide technical and maintenance operating svstem assistance provided by CITY staff b) 2011— Pay YMCA $24,000. c) 2012 — Pav YMCA $24,000. d� 2013 — Pay YMCA $27,000. e) 2014 — Pav YMCA $30,000. fl 2015 — Pav YMCA $30 000 (thereafter adjusted by annual CPI pursuant to Section 3.1.2 belowl. 3.1.2 CPI. The annual concession fee shall be computed and paid quarterly by the YMCA within thirty (30) days after expiration of each quarter. The annual concession fee shall be adjusted every year during the term(s) of this Agreement based upon the prior years' Consumer Price Index (CPI) for all urban consumers as published by the United States Depariment of Labor for Seattle-Tacoma-Bremerton, all items (1982-84-100). For purposes of the CPI adjustment, the base shall be the June 2010 CPI index June to June every year (i.e. June 2010- June 2011). The CPI adjustment shall occur on the following January 1 S � of each year during the term of this Agreement. YMCA shall make this payment to the City by the fifteenth day of the month following the end of each month. YMCA may prepay these monthly payments on a quarterly, semi-annual or annual basis or as otherwise approved by the CITY. There shall be no decrease in the concession fee for a negative CPI. 3.1.33 Leasehold Excise Tax. Pursuant to RCW 82.29.020 and the definition of "Leasehold Interest" as set forth in RCW 82.29A.020(1), the YMCA as a non-profit organization exempt from payment ofproperty taxes, is exemnt from pavment of Leasehold tax set forth in Chapter 82 29A RCW . . , , , �. . . , � .., . YMCA Concession Agreement 4 , , ei�Rg. NATC �L.e V11A/ � A „., .. 1.e ,� „� „ „«* �,. D!`�il 47 7AA D/"��I/ OA '2G 1� V i L [I�V i 3.2 Pool Management by the YMCA. 3.2.1 YMCA Responsibilities and Obligations. As partial consideration for the Concession Area, the YMCA agrees to operate, manaee• maintain, including capital improvements.-a��-the Pool as follows: a) Manage and operate the Pool under the name "Glen Jarstad Aquatic Center". b) Provide necessary liability coverage for operating the Pool as provided in Section 8.5.2. c) Hire, train and supervise all staff required to manage, operate and program use of the Pool. d) Provide financial assistance to ensure access to for those unable to afford YMCA Membership according to an established policy that mirrors school lunch subsidy guidelines. e) Honor passes allowing Bremerton residents to use the Pool and YMCA facilities four times per year free of cost or commitment to join the YMCA. fl Maintain the pool infrastructure at or above industry standards. g) Maintain water quality to meet applicable Health District standards. h) Be responsible for all cash collection, receipting, accounting and deposits for the Pool. i) Continue to offer core programs including swim lessons and water fitness programs. j) Work with all constituencies and user groups to provide access to the Pool. The YMCA will accommodate each existing communit� r�oup that wishes to continue use of Jarstad Aauatic Center. The days and hours of use may vary de�endin o� n the availabilitv of nool snace within the Y activity schedule Pricing for use of Pool s�ace shall be comnarable to fees�rents char�ed for use of similaz aualit�aquatic facilities within the South Puget Sound area. k) Seek long term capital improvement funds to keep the Pool safe and attractive to users. 1) Allow use of the Pool as part of the YMCA's advertised day use fee for those that are not members of the YMCA. 3.2.2 Transition Period. The YMCA further agrees that during the period of September 1, 2010 to December 1, 2010 ("Transition Period") it shall: a) Honor existing Pool programUental schedule commitments. b) Honor Pool admission prices as established by the City for the year 2010. c) Waive registration fees to join the YMCA for City residents who enroll as YMCA members prior to January 1'`, 2011 YMCA Concession Agreement 5 d) Implement an outreach program for Pool users to inform them of the benefits of YMCA membership and allow them to gain knowledge concerning the YMCA's facility and available programs. 3.2.3 CITY Maintenance Responsibilities and Obligations. The CITY agrees to: a) Fund previously identihed one time Capital Improvements limited to: 1. Filtration system upgrades. 2. Meet Federal Pool Drain safety standards. 3. Improvements to Pool lighting. CITY may pay for said improvements over a period of time not to exceed the 10 year initial term of this agreement, the price and scope of these improvements to be mutually agreed upon by both parties in writing prior to the commencement of work. T'he CITY shall pay interest on the unnaid balance of the amount owed to the YMCA for these improvements at an annual interest rate of four percent�4%). b) Provide technical operating advice for Pool systems and equipment during the Transition Period (September 1 to December 31, 2010). 3Z.4 CITY Payment. The CITY shall provide an annual operating subsidy subject to adjustment as set forth � r�in Section 3.1.1(b above. �}---�'ep 7�in��rrv-`sv^irC'�-�� 1n�n n_,...:a,..,.,.L_:_..� __� -- - — 1,� �n� � n,,., v*,rn n Qnn nnn . D � � ,.� �n� � n,.., Vl►�fl� A Qnn nnn �� - rr.r�rl�v�vv� a�� D....Vl�d!'�A Q�c�nnn e�______.�g.�q v � eo,..:,. � > > ..��_ - , . - , . _ � � _ � � 6A��e�r. - , . - , _ � � _ � � �e�ee: - , . , - , , � - , , - , . ARTICLE 4. USE & OPERATION OF PREMISES 4.1 Use of Premises 4.1.1 Recreational Uses. The YMCA will use and occupy the Premises throughout the full term of this Agreement for the purpose of providing recreation, meetings and community activities directly related to the YMCA Coneession Agreement 6 operation of an indoor and outdoor recreation facility. The public is authorized to have ingress and egress across this property other than through buildings and other structures. 4.1.2 Incidental Uses The YMCA may provide incidental uses in the form of coaching and training services, food and beverage services, and the sale or rental of incidental items directly related to the use of the recreation facility including, but not limited to, sports, fitness and athletic equipment, soap, shampoo, and similar shower supplies, and clothing related to recreation and fitness pursuits. This includes hiring vendors and/or sub-concessions of interior space of the indoor recreation facility. YMCA agrees that no alcohol will be sold or consumed on the premises. 4.1.3 Sub-Concessions All sub-concessions will require the prior written consent of the Mayor or designee, which consent will not be unreasonably withheld, and comply with any requirements of the U.S. Secretary of Interior for the granting of concessions on the subject property pursuant to the quitclaim deed, attached hereto as Exhibit C and incorporated by reference, transferring title to the CITY to the real property upon which this concession is granted. THE U.S. SECRETARY OF THE INTERIOR, THROUGH THE NATIONAL PARK SERVICE, WHO, BY CONSENTING TO THIS AGREEMENT, WAIVES ANY RIGHT TO REVIEW AND APPROVE SUB-CONCESSIONS WHICH DO NOT REQUIRE THE APPROVAL OF THE CITY COUNCIL. 4.1.4 Security and Nuisance During Use The YMCA shall take reasonable precautions in securing the Premises during the full term of this Agreement. The YMCA shall use the Premises for no unlawful purposes and shall not use or occupy the Premises in any manner, which would constitute a public nuisance or violate State or CITY laws. 4.2 Operating Hours. The availability of recreational opportunities for CITY residents is a material consideration for this Agreement. Accordingly and during the full term of this Agreement, the YMCA shall continuously conduct and carry on the YMCA'S permitted uses and shall keep the Premises open for business and cause the YMCA'S business to be conducted therein during the usual business hours consistent with other YMCA facilities, but in no event less than forty (40) hours per week. This provision shall not apply if the Premises should be closed and the business of YMCA is temporarily suspended on account of weather conditions, power outages, labor strikes, lockouts, or similar causes beyond the reasonable control of YMCA, or for maintenance, remodeling, repair, or renovation. The YMCA shall provide notice to the CITY of any closure of more than 7 consecutive days. The YMCA covenants and agrees to provide sufficient personnel, and to keep the Premises adequately stocked with merchandise, recreational equipment, fixtures, and facilities so as to conduct its business in accordance with sound business practice. The YMCA, in order to keep its business commitments, shall be in operation in accordance with sound business practice. 4.3 Entry by CITY. CITY may enter the Premises at all reasonable times during normal hours of business operations to inspect; provide services required hereunder; post notices of YMCA's noncompliance with the provisions of this concession, all without being deemed a constructive eviction. Any person or persons invited by the CITY may accompany CITY. CITY has the right YMCA Concession Agreement 7 to use any and all means that CITY deems proper to open doors and gates in an emergency in order to obtain entry to the Premises. Except in an emergency, 24 hours notice shall be given by the CITY before entry by the CITY into proprietary areas of the facility. 4.4 Health Inspections. YMCA shall not knowingly commit or willfully permit to be committed any act or thing contrary to the rules and regulations prescribed by the local board of health, or which shall be contrary to the laws, rules or regulations of any federal, state or municipal authority. YMCA shall allow the Bremerton-Kitsap County Health Department to make regular and ordinary inspections of the Premises as said health department may deem proper. 4.5 Maintenance, Repair, & Improvements. 4.5.1 Generallv. YMCA shall, at its sole cost and expense, clean and maintain the Premises, and make repairs, restorations, and replacements to all improvements to the Premises, including the Pool, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing systems, structural roof, walls, and foundations, roof coverings, sprinkling and irrigation systems, playing surfaces and the fixtures and appurtenances to the Premises as and when needed to preserve them in "first class" condition and repair (less normal wear ftom use) throughout the full term. YMCA shall further keep in repair and maintain as necessary all machinery, equipment and facilities necessary for the playing of sports and the comfort of players. YMCA shall paint the exterior of the buildings (except the metal) with such frequency as may be required to maintain their good, clean appearance. All such repairs, restorations, and replacements will be in quality and workmanship at least equal to the original work or installations. If YMCA fails to make such repairs, restorations, or replacements, following a notice of default and opportunity to cure as provided for in Articles 6 and 7, CITY may make them at the expense of YMCA and such expense will be paid by YMCA within fifteen (15) days after delivery of a statement for such expense. YMCA shall maintain the Pool in accordance with Chapter 246-260 of the Washington State Administrative Code covering the rules and regulations of the Washington State Boazd of Health for pool operation, construction, equipment, water quality. 4.5.2 Sidewalks and Parking Maintenance. At its sole cost and expense, YMCA shall maintain all sidewalks and parking lots on the Premises in good and presentable condition during the full term of this Agreement, shall be responsible for correcting any unsafe conditions, and shall be responsible for the removal of ice and snow from the sidewalks and parking lots as necessary for safe operation of the Premises. 4.5.3 Janitorial and Landscaping Services At its sole cost and expense, YMCA shall keep the Premises clean, and shall provide sufficient janitorial services to maintain a tidy appearance on and about the Premises. YMCA shall provide landscaping maintenance services such that landscaping on the Premises remains healthy, attractive, and well maintained. 4.5.4 Repair of Damage Except that which may be caused by the actions, activities or negligence of the CITY or its agents, representatives, employees, guests or invitees, in the event any damage or injury shall occur to the Premises of any kind or nature whatsoever, YMCA shall promptly cause said damage or injury to be fully repaired at YMCA'S own cost and expense. [n the event YMCA fails to accomplish such repairs within ftfteen (15) days of receipt of written notice by the CITY, YMCA Concession Agreement 8 then in that event CITY may, but is not required to, enter the Premises and accomplish such repairs and bill YMCA who will pay the bill within fifteen (15) days after delivery of a statement for such expense. Any such damage or injury to the Premises caused by the actions, activities or negligence of the CITY or its agents, representatives, employees, guests or invitees shall be promptly repaired by the CITY at its cost and expense. 4.5.5 Pool Imnrovements. The YMCA shall be responsible for all capital imnrovements to the Pool, except for initial fundin� of certain improvements as provided in Section 3.2.3. The YMCA shall maintain and make the required ca�ital improvements to the Pool in order to maintain the Pool in a condition equal to or greater than its condition at the be�innine of the term of this Agreement. Anv improvements to the Pool made by the YMCA shall immediatelv become the property of the CITY unon construction unless otherwise agreed Durin� the last five (5) vears of the second (2" option to renew if exercised bv the YMCA the YMCA's major capital improvements (as opposed to �eneral maintenance) will be limited to $25.000 per vear unless otherwise ag�reed by the uarties The YMCA shall have no interest in the improvements made to the Poolbv the YMCA upon ex�iration or termination of this Agreement 4.6 Signs. YMCA may place and maintain signs upon the Premises in accordance with the sign ordinance of the CITY. 4.7 Utitities. 4.7.1 Utility Services and Expense The YMCA will pay for all water, gas, garbage, sewage, electricity, telephone, and other utilities and communications services used by YMCA on the Premises, whether or not such services are billed directly to YMCA. YMCA will also procure, or cause to be procured, without cost to the CITY, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the Premises of utility appurtenances and appliances for use in supplying such utilities and services to and upon the Premises. The CITY, upon request of YMCA, and at the sole expense and liability of the YMCA, will join with YMCA in any application required for obtaining or continuing any such services, provided that such services do not violate any other applicable provision of this Agreement. The CITY shall not be held liable for any injury, loss, or damage caused by or resulting from any interruption or failure of utility services due to any cause whatsoever, except the CITY's sole negligence. YMCA shall not be entitled to any offset, reduction, or return of consideration as a result of any interruption or failure of services. 4.7.2 Trash & Garbage. The YMCA shall place all trash and garbage into such areas and containers as are designed and intended to accommodate the trash and garbage generated within or on the Premises. The YMCA shall not allow trash and/or garbage to accumulate such that a nuisance or health hazard results. 4.8 Parking. The YMCA shall be responsible to provide adequate parking to support the PREMISES and its operations. CITY may use this parking lot for activities of the CITY or its assigns at Eastpark in a manner not inconsistent or interfering with YMCA's use of the parking lot. YMCA Concession Agreement 9 4.9 Hazardous Substances. 4.9.1 Definition. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to environmental protection, contamination, or cleanup. 4.9.2 Information. YMCA shall keep upon the Premises, in a location accessible to CITY, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the Premises that YMCA has provided to any governmental agency in the previous quarter. YMCA shall, upon request and at YMCA'S expense, provide CITY with a copy of any such report as to which CITY request a copy. In the event of any accident, spill, or other incident involving hazardous or toxic matter that YMCA is required to report to any governmental agency, YMCA shall immediately report the same to the CITY and supply CITY with all information and reports with respect to the same, together with YMCA'S clean-up or remediation plan and schedule. If such clean-up or remediation plan is not acceptable to CITY in CITY'S sole discretion, CITY may so notify YMCA and, upon 48 hours prior written notice (or without notice if so required by an emergency) may enter on the Premises to conduct the cleanup and/or remediation and charge YMCA the costs thereof. For non-emergency cleanup and/or remediation, prior to the CITY exercising its right to cleanup and/or remediation on the Premises, the parties will mutually agree upon a consultant for determining the method of cleanup and/or remediation. All information described herein shall be provided to CITY regardless of any claim by YMCA that it is confidential or privileged, provided that the CITY shall not publish or disclose the information to any third party except as pursuant to Chapter 42.56 RCW. 4.9.3 Indemnification. YMCA agrees to hold harmless, protect, indemnify, and defend CITY from and against any damage, loss, claim, or liability, INCLUDING Attorney's fees and costs, resulting from YMCA'S use, disposal, transportation, generation, and/or sale of any Hazardous Substances. The CITY agrees to hold harmless, protect, indemnify, and defend YMCA from and against any damage, loss, claim, or liability, including attorney's fees and costs, resulting from (a) Hazardous Substances existing on the Premises as of the EFFECTIVE DATE of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or generated on the Premises by the CITY. These indemnities will survive the termination of this Agreement, whether by expiration of the Term or otherwise. 4.10 Risk of Loss. All personal property of any kind or description whatsoever in the Premises shall be at the YMCA's sole risk, and CITY shall not be liable for any damage done to, or loss of, such personal property. However, YMCA is not responsible for any losses or claims of damaged or stolen property under the care and control of the CITY. ARTICLE 5. DEVELOPMENT OF IMPROVEMENTS 5.1 City Consent. The YMCA shall not make any material alterations or improvements to the Premises including any changes to the landscaping, without the CITY'S prior written consent, which YMCA Concession Agreement 10 consent will not be unreasonably withheld. The YMCA shall be solely responsible for providing adequate funding for any alterations or improvements as provided in this Agreement and such alterations or improvements shall be made without cost to the CITY, except for initial funding of certain improvements to the Pool �e�e�s-as noted in Section 3.23 above. � , . 5.2 Development and Construction Fees & Expenses. The YMCA shall be responsible for obtaining and paying for necessary permits, fees, and expenses associated with any development and construction of Improvements. In addition, YMCA shall be responsible for any additional costs for inspections billed to the CITY by any government agency, including but not limited to the City of Bremerton, Kitsap County, or the State of Washington. 5.3 YMCA's Development Project. The development and construction of any Improvements on the Premises is YMCA's development project and is not a CITY public works project. YMCA is the developer and the CITY is not an owner, partner, joint venturer, nor maintains any other business relationship with the YMCA regarding the indoor recreation facility other than as grantor of a concession and user of the Premises. The CITY is not involved with, nor has any responsibilities for, the bidding, contracting or operations of the Premises and will occupy no space in the Premises. The project signage and all literature, advertising by either the CITY or YMCA shall not indicate in any manner that this is a CITY project, contract, or other misleading statement indicating that this project is a CITY public work project directly or indirectly. 5.4 No Liens. Except liens and encumbrances of any lender pursuant to Article 6 herein, it is mutually understood and agreed that the YMCA shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of the CITY in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with YMCA, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the right and interest granted to YMCA by this Agreement. If any such liens are filed, CITY may, without waiving its rights and remedies for breach, and without releasing YMCA from its obligations hereunder, require YMCA to post security in form and amount reasonably satisfactory to CITY or cause such liens to be released by any means CITY deems proper, including payment in satisfaction of the claim giving rise to the lien. YMCA shall pay to CITY upon demand any sum paid by CITY to remove the liens. Further, YMCA agrees that it will save and hold the CITY harmless ftom any and all loss, cost, or expenses based on or arising out of the asserted claims or liens, except those of the lender pursuant to the provisions of this Agreement, against this Agreement or against the right, title, and interest of the CITY in the Premises or under the terms of this Agreement, including reasonable attorney's fees and costs incurred by CITY in removing such liens, and in enforcing this paragraph. Additionally, it is mutually understood and agreed that this paragraph is intended to be a continuing provision applicable to future repairs and improvements after the initial construction phase. YMCA Concession Agreement 11 ARTICLE 6. FINANCING & SECURITY INTERESTS 6.1 Financing - No CITY Obligation. YMCA shall be solely responsible for all financing requirements for all construction, maintenance, repairs, or subsequent improvements to the Premises. The CITY shall be under no obligation directly or indirectly to pay for any labor, material, or improvement associated with the facility except as provided herein or mutually agreed upon. The YMCA shall, in applying and obtaining financing, inform any lender that the CITY has no financial obligations associated with the construction, maintenance, repairs or subsequent improvements to the Premises. 6.2 Security Interest in Premises & Agreement/Consent. With the exception of the Pool, the CITY consents to the grant, transfer, pledge and assignment of any and all right, title, claim, interest of YMCA in and to this Agreement and in the Premises, including improvements and personal property on the Premises ("Collateral") to lender for financing purposes, including the re-financing of any loans and leasing of equipment. Article 6 shall be inapplicable to the Pool, therefore, lender shall have no security or any other interest in the Pool whether or not Improvements are made to the Pool by the YMCA.1'he CITY shall recognize lender's first priority security interest in the Collateral and the CITY hereby subordinates any and all interest of the CITY in said Collateral to lender. YMCA acknowledges that the CITY will not grant any security interest to any lender in CITY real property nor will the CITY allow any encumbrance of any kind or nature whatsoever upon, or in any manner on its title to CITY real property. In the event of default by YMCA to lender, in addition to all its rights and remedies available at law and equity, lender may enforce and/or foreclose its security interesbinterests in the Collateral. CITY agrees that in connection with any such default, and all without further consent of CITY, lender may: a) Acquire YMCA's interest in the Collateral either by a deed in lieu of foreclosure or actualforeclosure; b) Rent and/or grant a ground and use concession of the Premises subject to this Agreement pending foreclosure of the Collateral by lender; c) Assign, sell and/or transfer the Collateral in whole or in part to any person or entity; d) Take possession of any or all of the Collateral, obtain right of substitution for YMCA and operate said Collateral; and/or e) Appoint a receiver. fl All other rights and remedies at law or in equity. Any assignment or transfer under Article 6.2 is subject to Article 8.7. Lender shall have no interest in improvements located on the Premises at the time of expiration of the term or terms of this Agreement pursuant to Article 2, at which time, all improvements shall become the property of the CITY. 6.3 LENDER's Retiance on Term and Renewal Options. The City acknowledges that the YMCA, in making application for financing, may be required to have an assurance that the terms of this Ageement will extend beyond the term of the financing term. By its signature to this Agreement, the CITY confirms its authority to provide the Agreement with an initial term of ten (10) years and four (4) months with two (2) ten (10) year options to extend the Agreement for a total of thirty (30) years and four (4) months YMCA Concession Agreement 12 with the renewal options conditioned solely upon the YMCA maintaining current payments and remaining in full compliance with the terms and conditions of this Agreement. Lender may, but is not obligated to exercise YMCA's right to renew and extend the terms of this A�eement. Additionally, the CITY acknowledges that, after any original tinancing commitments by the YMCA have been satisfied, these tinancing provisions shall be applicable to all future advances or tinancing required by the YMCA and used solely for the improvements and repairs of the Premises or re-financing such obligations periodically thereafter. 6.4 Surrender of the Coltateral. No surrender of Collateral or the Premises to lender subject to this Agreement or any other act of YMCA shall be deemed to terminate this Agreement. CITY will not terminate this Agreement voluntarily by agreement with YMCA unless lender has been previously notified in writing and has consented to the termination in writing. This Agreement shall not be amended or modified unless lender has been previously notified in writing and has consented to such amendment or modification in writing. 6.5 Notice of Default and Lender's Rights. 6.5.1 Notice of Default. If YMCA defaults under this Agreement or if any event occurs which would give CITY the right to terminate, modify, amend or shorten the term of this Agreement, CITY shall take no steps to exercise any right it may have under this Agreement without first giving lender written notice of such default in accordance with Article 6.11 below. A copy of each and every notice of default served or sent by CITY or its agent to or upon YMCA pursuant to this Agreement shall be sent contemporaneously to lender in accordance with Article 6.11 below. Such notice of default shall specify the event or events of default then outstanding and the time period at the end of which the indicated action would become effective. 6.5.2 Termination for Monetary Default. If the notice of default given by CITY to lender relates to a monetary default and YMCA has not cured such monetary default within 30 days after lender receives the notice and YMCA'S failure to cure results in CITY desiring to terminate this Agreement, CITY may terminate this Agreement pursuant to Article 7 if such monetary default is not cured by either YMCA or lender within forty-five (45) days after lender receives the notice of default. 6.5.3 Termination for Non-Monetary Default. If the notice of default given by CITY to lender relates to a non-monetary default and YMCA has not cured, or diligently pursued curing, such non-monetary default within thirty (30) days after lender receives the notice, CITY may terminate this Agreement pursuant to Article 7 if such non-monetary default is not cured by either YMCA or lender within sixty (60) days after lender receives notice of default. 6.5.4 Termination due to Bankruptcy. CITY shall not terminate this Agreement because of YMCA'S breach of any terms of this Agreement relating to the solvency of YMCA or the institution of any bankruptcy, insolvency, receivership or related action by or against YMCA as long as lender cures any default under this Agreement by YMCA as provided herein, except that lender shall not be required to cure any defaults relating to solvency of YMCA. YMCA Concession Agreement 13 6.6 Right to Assign. Lender shall have the right to assi�m its interest in the Collateral. Upon the purchaser's, assignee's or transferee's assumption of lenders assigned interest and agreement to perform and be bound by all of the terms of this Agreement, lender shall be relieved ftom further liability under this Agreement. If a lender finances the purchaser, assi�mee or transferee, said lender shall be subject to all obligations as set forth in this Agreement. Any successor lender shall be bound by the terms and conditions of this Agreement. 6.7 Disposition of Insurance. Should the Collateral suffer any loss which is covered by casualty insurance, and the insurance proceeds are used to restore any improvements made by YMCA, CITY agrees that YMCA and lender shall have the right to such proceeds so long as none of CITY'S property, utilities or other services therein are damaged or such damages are repaired. In the event the CITY'S land is substantially damaged and YMCA'S improvements have been repaired, CITY shall only participate in the insurance proceeds to the extent necessary to repair and restore CITY'S land and any of CITY'S improvements on or in the ground to the same condition the land was at the commencement of this Agreement, or in the same condition at the time of the casualty. Other than as described herein, CITY shall have no claim to insurance proceeds that are attributable to YMCA's interest in the Collateral. 6.8 Right to Participate in Litigation. Lender shall have the right to participate in any litigation, arbitration or dispute directly affecting the Collateral or interest of YMCA or lender therein, including, without limitation, any suit, action, arbitration proceeding, condemnation proceeding or insurance claim. CITY, upon instituting or receiving notice of any such litigation, arbitration or dispute will promptly notify lender of the same. 6.9 Incorporation of Lender's Protection Provisions. Lender shall be a beneficiary of all rights of YMCA herein including but not limited to the wananty, indemnity, hold harmless, choice of law and venue, costs and attorney's fees as provided herein. 6.10 Right to Remove Collateral. In the event lender exercises its rights under its Collateral and realizes upon the Collateral, CITY agrees that lender is entitled to remove the Improvements on the Premises, including but not limited to building facility, furniture, movable trade fixtures and equipment, from the Premises at any reasonable time and that the Collateral shall remain personal property even though the trade fixtures may be affixed to or placed upon the Premises. In the event lender so realizes on its Collateral, CITY waives any right, title, claim, lien or interest in the Collateral. 6.11 Notices. All notices, copies of notices, consents or other communications to lender given under this Agreement to lender must be in writing and shall be effective when received. Such communications shall be given in person to an officer of lender, addressed to lender at an address as provided by lender. YMCA shall keep the CITY informed of the name, address, and telephone number of any current lender or lenders for the purpose of the CITY providing notice to the same under this A�eement. YMCA Concession Agreement 14 6.1Z Lenders Change in Loan Terms. It is understood that current or future lenders may require terms or conditions on loans for future or additional financing needs of YMCA, which may require changes to the terms or conditions of this A�eement. In such case, the CITY will give reasonable consideration to such changes to this A��reement, and may, at its sole discretion, accept or reject the same. Any moditications to this Agreement are subject to approval of the U.S. Secretary of Interior pursuant to Article 8.21. ARTICLE 7. TERMINATION 7.1 Failure to Perform. 7.1.1 Obligation to Perform. Nothing herein shall imply any duty upon CITY to do any work, which under any provision of this concession YMCA may be required to perform, and the performance thereof by CITY shall not constitute a waiver of YMCA's default. CITY shall not in any event be liable for inconvenience, annoyance, and disturbance in its activities in Eastpark. 7.1.2 Payments to Other Parties Except as otherwise expressly provided hereunder, all obligations of the YMCA under this Agreement will be performed by YMCA at YMCA's sole cost and expense. If YMCA fails to pay any sum of money owed to any party other than CITY for which YMCA is liable hereunder, or if YMCA fails to perform any other act on its part to be performed hereunder, and such failure continues for ten days a$er notice thereof by CITY, CITY may, without waiving or releasing YMCA from its obligations, make any such payment or perform any such other act to be made or performed by YMCA. YMCA shall pay CITY, on demand, all sums so paid by CITY and all necessary incidental costs, together with interest thereon at the lesser of 1%2 percent per month or the maximum rate permissible by law, from the date of such payment by CITY, provided, however, YMCA shall have the right to contest any such obligation, upon such terms and conditions as the CITY may reasonably insist, in order to protect its interests herein. 7.2 Default and Termination. This Agreement and the concession granted herein may be terminated for default as follows: 7.2.1 CITY's Default. CITY will not be in default unless CITY fails to perform an obligation within thirty (30) days after notice by YMCA, which notice must specify the alleged breach; provided that if the nature of CITY's obligation is such that more than thirty (30) days are reasonably required for cure, then CITY will not be in default if CITY commences to cure within thirty (30) days of YMCA's notice and thereafter diligently pursues completion and completes performance within a reasonable time. 7.2.2 YMCA's Default. The occunence of any one or more of the following events constitutes a default under this Agreement by YMCA: (1) YMCA shall be in default of the performance of any covenants, conditions, or provisions of this Agreement, other than the covenants for the payment of consideration required by this Agreement, where such failure continues for a period of thirty (30) days after written notice is given by CITY provided that if the nature of YMCA's obligations is such that more than thirty (30) days are reasonably required for cure, YMCA will not be in default if YMCA commences to cure within thirty (30) days of CITY's notice and thereafter YMCA Concession Agreement 15 diligently pursues completion and completes performance within a reasonable time; or (2) YMCA shall be adjudged a bankrupt, make a general assi�mment for the benefit of creditors, or take the benetit of any insolvency act, or if a permanent receiver and trustee in bankruptcy shall be appointed for YMCA's estate and such appointment is not vacated within thirty (30) days; or (3) Premises become vacant or deserted for a period of thirty (30) days; or (4) if this Agreement shall be assigned or the Premises concessioned other than in accordance with the terms of this AGREEMENT and such default is not cured within twenty (20) days after written notice to YMCA; or (5) YMCA shall fail to make any payment when due, or fail to make any other payment required hereunder when due, when that failure is not cured within thirty (30) days after mailing of written notice thereof by CITY; or (6) YMCA shall fail to comply with the same concession agreement term or covenant on three occasions during any 10 year term, even if such breach is cured within the applicable cure period. The CITY's right to terminate pursuant to this Article for failure of CONSCESSIONAIRE to cure a default is subject to the lender's right to cure pursuant to Articles 6.5.2 and 6.5.3. 7.2.3 Default for Other Cause. Subject to lender's interest(s) as provided in Article 6, this Agreement may be immediately terminated for other cause by a party if the other party substantially fails to perform its obligations under this Agreement, through no fault of the terminating party, and the non- performing party does not commence correction of the failure of performance within thirty (30) days of the terminating party's sending notice to the non-performing party. 7.2.4 Bankruptcy. Subject to lender's interest(s) as provided in Article 6, the Parties agree that if the YMCA is adjudged bankrupt, either voluntarily or involuntarily, then this AGREEMENT, at the option of the CITY, may be terminated effective on the day and at the time the bankruptcy petition is filed. 7.3 Remedies Are Cumulative. Remedies under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such remedy. 7.4 Destruction of Premises & Use of Insurance Proceeds. 7.4.1 Generallv. Unless otherwise mutually agreed by the Parties, in the event the Improvements on the Premises are destroyed or injured by fire, earthquake, or other casualty, then YMCA shall proceed to rebuild and restore the Improvements, or such part thereof as may be injured as aforesaid. In the event of any loss covered by the insurance policies described and required pursuant to Article 8.5.1 herein, unless this Agreement shall be terminated as provided herein, the proceeds of such insurance policies shall be used by YMCA first to rebuild and restore the Premises and replace the improvements which may be damaged or destroyed by such casualty. 7.4.1 Pool. With respect to the Pool, the CITY shall maintain appropriate property coverage as set forth in Section 8.5 below and the CITY shall have the option to proceed to repair, rebuild and/or restore the Improvements at its discretion or to keep any applicable insurance proceeds. In the event the CITY elects not to repair, rebuild and/or restore the Pool, the City shall provide YMCA written notice of such within thirty (30) days after such damage or destruction and all provisions contained in this Concession A�;reement relating to the Pool shall terminate. All remaining provisions relating to the YMCA Recreation Center shall remain in effect. YMCA Concession Agreement 16 7.5 Duties upon Termination. Upon termination of this agreement, and unless otherwise arranged, YMCA shall remove from the Eastpark all its personal property, goods, and effects. In the event that the YMCA fails to perform this duty at termination, the CITY may cause such removal to be made and said, personal property, goods, and effects to be stored, the cost and expense to be paid by the YMCA. It is mutually understood and a�eed that the real property constituting the Premises of this Agreement is the real property of the CITY and that all improvements to said real property shall revert to the CITY at the termination of this Agreement, subject to the rights of lender as provided in this Agreement in the event of termination for default. 7.6 Eminent Domain. The following rules shall govern the rights and duties of the Parties in the event of interference with the possession of the Premises by YMCA by right of eminent domain or private purchase in lieu thereof. 7.6.1 Rights of Termination. If the whole of the Premises shall be taken for any public or quasi-public use under any statute or by right of eminent domain, or by private purchase in lieu thereof, then this Agreement shall automatically terminate as of the date that title shall be taken. If more than twenty-five percent (25%) of the Premises shall be so taken and if the taking renders the remainder thereof unusable for the purposes for which the Premises were concessioned, then CITY and YMCA shall each have the right to terminate this Agreement on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. Provided, however, that if the CITY is exercising its rights of eminent domain, a fair value shall be placed on this Agreement as if it had not been terminated and the Premises with the compensation thereof awarded solely to YMCA, or lender pursuant to its security interest, if any. 7.6.2 Non-Termination. If any part of the Premises shall be so taken and this Agreement is not terminated, then, if the CITY is exercising its right to eminent domain, the CITY shall, at its own cost and expense, restore the remaining portion of the Premises to the extent necessary to render it reasonably � suitable for the purposes for which it was concessioned. Otherwise, the Parties shall resort and share in the compensation on the basis of their interests and losses. 7.6.3 Compensation. The compensation awarded or paid upon such a total or partial taking of the Premises and/or this Agreement shall belong to and be apportioned between the CITY and YMCA in accordance with their respective interests as determined by a court of competent jurisdiction. Additionally, YMCA may prosecute any claim directly against the condemning authority for the costs of removal of the goodwill, stock, trade fixtures, furniture and other personal property belonging to YMCA. CITY shall have no claim to condemnation proceeds that are attributable to YMCA's interest in the Collateral, nor shall YMCA or lender have any interest in CITY's condemnation proceeds, if any. ARTICLE 8. GENERAL CONDITIONS 8.1 Retationship of Parties. 8.1.1 YMCA Independent Contractor Status. The Parties intend that an independent relationship shall be created by this Agreement. Nothing contained herein shall create the relationship of principal and agent or of partnership or YMCA Cnncession Agreement 17 of joint venture between the parties hereto, and neither the method of computation of consideration nor any other provision contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of CITY as granting a�ound and use concession to the YMCA. YMCA has the experience, ability, and resources to develop and operate an indoor recreation facility and is performing independent functions and responsibilities within its field of expertise. YMCA and its personnel are independent contractors and not employees of the CITY. No agent, employee, servant, or representative of the YMCA shall be deemed to be an employee, agent, servant or representative of the CITY. YMCA and its personnel have no authority to bind the CITY or to control the CITY's employees. As an independent contractor, YMCA is responsible for its own management. The CITY's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over YMCA or its personnel. 8.1Z No Third Party Rights Created. It is mutually understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right to any other party except as provided by Article 6 herein. 8.1.3 No Joint Venture/Partnership. It is mutually understood and agreed that no joint venture or partnership formed as a result of this Agreement. 8.1.4 City Administration of Agreement. This agreement shall be administered, on behalf of the City, by the Director of Parks and Recreation or other person designated by the Mayor. 8.2 Notices. Except as provided in Article 6 herein, any notice required or permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three days after being mailed by certified mail, return receipt requested, addressed to YMCA or to CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other, except that CITY may in any event use the Premises as YMCA's address for notice purposes. Each of the below noted addressees shall be responsible for notifying the other addressees of any changes of address and all notices will be effective when delivered to the last known address provided by said addressee. All notices shall be delivered to the following addresses: CITY YMCA City of Bremerton YMCA of Pierce and Kitsap Counties Attn: Director of Parks and Recreation Attn: 680 Lebo Boulevard Bremerton, WA 98310 Bremerton, WA 98337 8.3 Reports & Records. 8.3.1 Reports/Meetings. When requested by the CITY, YMCA shall furnish periodic reports and documents on matters related to YMCA's performance under this Agreement. The reports and documents shall be furnished in the time and form requested by the CITY. When requested by the CITY, the CITY and the YMCA shall meet to review both parties performance under this A�eement to assure its purpose and goals are being met. YMCA Concession Agreement 18 8.3.2 Records. YMCA shall maintain accounting records of finance and operations pursuant to this Agreement in accordance with Generally Accepted Accounting Principles (GAAP) and in accordance with any applicable requirements of the United States Department of the Interior. 8.3.3 Audits and [nspections. YMCA's records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by CITY during the performance of this Agreement. 8.4 Permits, Licenses, Taxes, & Fees. 8.4.1 Permits, Licenses, & Other pocuments. T'he YMCA shall possess a current Bremerton Business License and shall obtain all regulatory licenses and permits, including all construction and building permits, necessary to fulfill YMCA's obligations under this Agreement at YMCA's sole expense. Each party agrees to execute such additional or other documents as may be required to fully implement the intent of this Agreement. 8.4.2 Taxes & Fees. As an independent contractor, the YMCA shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees, business and occupation taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and local taxes and fees, including leasehold excise tax pursuant Chapter 82.29A RCW, ad valorem taxes, taxes imposed on personal property, all other assessments for improvements or benefits which are assessed on the Premises, income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the YMCA's use of the Premises and obligations under this Agreement. 8.5 Insurance. 8.5.1 Fire, Earthquake, & Casualty Insurance. The YMCA agrees that, at all times during the full term of this Agreement and at its own expense, YMCA shall, at its sole cost and expense, maintain in full force and effect adequate fire, earthquake, and other casualty coverage covering the Premises and its contents, including all personal property and improvements, except for the Pool. The CITY shall maintain appropriate property coverage for the Pool.. Such policy shall include a replacement cost endorsement. YMCA will shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage. All such insurance coverage shall include a ten-day cancellation notice to YMCA and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the Premises to its pre-casualty condition. 8.5.2 Liability Insurance. Prior to the commencement date of this Agreement, YMCA, at its own expense shall obtain and tile with the CITY's Risk Manager a Certificate of Insurance evidencing general comprehensive liability insurance coverage ("CGL") providing coverage of at least $�1,000,000 per occurrence for bodily injury and $1,000,000 per occurrence for property damage. This Certificate of Insurance shall be subject to approval by the CITY's Risk Manager as to company, terms and coverage, and said approval shall not be unreasonably withheld. The CGL shall name the CITY as an additional insured and must fully protect the CITY from any and all claims and risks and losses in connection with any activities or omissions by the YMCA by virtue of this YMCA Concession Agreement 19 Agreement. The CGL policy shall remain in full force and effect at the YMCA's sole expense for liability for property damage or personal injury that may occur in connection with activities or omissions by the YMCA, and provide coverage for the full term of this Agreement. YMCA shall insure that the CITY's Risk Manager is given thirty-calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or modification of such insurance. 8.5.3 Release and Waiver of Subrogation. Any policy of insurance carried by either CITY or YMCA pursuant to any obligation under this Agreement, shall, to the extent available, contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither CITY nor YMCA shall be liable to the other party or to any insurance company (by subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or tangible personal propeRy of the other occurring in or about the Premises or Eastpark, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance issued by an insurance carrier authorized or licensed by the Insurance Commissioner of the State of Washington to issue lines of insurance, benefiting the party suffering such loss or damage or was required under the terms of this Agreement to be covered by insurance by the party covering the loss. 8.6 Hold Harmless, Indemnification, & Industrial Insurance. YMCA shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the YMCA 's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE YMCA'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. ` 8.7 Successors & Assigns. YMCA Concession Agreement 20 The CITY and YMCA each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Except as provided in Article 6 herein, neither party shall assi�m the contract in part or as a whole, without the written consent of the other, which consent shall not be unreasonably withheld. Except as provided in Articie 6 herein, the YMCA shall not subcontract any of the Premises, services, facilities, or equipment, or delegate any of its duties under this Agreement without the prior written approval of the CITY, which approval shall not be unreasonably withheld. The CITY acknowledges that the YMCA shall be authorized to sub-Concession Areas within the Premises to food and beverage purveyors, equipment sales, and similar supporting concessions as set forth in Article 4.1.3. When requested, approval by the CITY of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting, or delegation of duties, the YMCA shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the CITY for the satisfactory performance of the services, facilities, or equipment assumed. The CITY may condition approval upon the delivery by the assignee, subcontractor, or other obligor of its covenant to the CITY to fully and faithfully complete the requirements or responsibility undertaken under this Agreement. Notwithstanding the foregoing, provided YMCA is not in default, the YMCA may assign its interest in this Agreement without seeking CITY's consent to a parent or subsidiary. Except as otherwise provided herein, all of the covenants, conditions, and provisions of this Agreement are binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors, and assigns. IN THE EVENT THE YMCA SEEKS CONSENT OF THE CITY OF AN ASSIGNMENT OF THIS AGREEMENT IN ITS ENTIRETY, SUCH ASSIGNMENT SHALL REQUIRE THE PRIOR NOTIFICATION AND REVIEW, APPROVAL OR WAIVER OF THE U.S. SECRETARY OF THE INTERIOR THROUGH THE NATIONAL PARK SERVICE, WHO, BY CONSENTING TO THIS AGREEMENT WAIVES THE RIGHT TO REVIEW AND CONSENT TO AN ASSIGNMENT OF THIS AGREEMENT WHICH IS LESS THAN AN ASSIGNMENT IN ITS ENTIRETY. 8.8 Compliance with Laws. The YMCA, its officers, employees, and agents shall comply with applicable federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its obligations under this Agreement. Such compliance shall include abiding by all applicable federal, state and local policies, including Section 8.9 below, to ensure equal employment opportunity based on ability and fitness to all persons. The YMCA shall comply with applicable laws pertaining to employment practices and employee treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the \ Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations tssued under these Acts must be complied with. The YMCA agrees to indemnify and hold harmless the City from all damages assessed for the YMCA's failure to comply with the Acts and Standards issued thereunder. The YMCA is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to any operation in the performance of this A��reement. 8.9 Nondiscrimination. YMCA Concession Agreement 21 Parties shall not discriminate in employment or services to the public on the basis of race, color, creed, national origin, sex, religion, age, marital status, sexual orientation, or honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability and as otherwise provided by state and federal law, except for employment actions based on bona fide occupational qualitication. , 8.10 Choice of Law & Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 8.11 Costs & Attorneys' Fees. In any action brought to enforce any provision of this Agreement, including actions to recover sums due or for the breach of any covenant or condition of this Agreement, or for the restitution of the Premises to the CITY or eviction of the YMCA during the term or after expiration thereof, the substantially prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants, appraisers, and other professionals, at trial or on appeal, and without resort to suit. 8.12 Modification. This Agreement may only be modified by written instrument signed by both Parties. The Director of Parks and Recreation has the authority to interpret and make minor modifications to this agreement, relative to the use or operation of the Premises, consistent with its purpose and intent. Any major modifications or modifications having a financial impact on the City shall require City Council approval. All modifications to this Agreement are subject to approval of the U.S. Secretary of Interior pursuant to Article 8.22. THE U.S. SECRETARY OF THE INTERIOR, THROUGH THE NATIONAL PARK SERVICE, WHO, BY CONSENTING TO THIS AGREEMENT, WAIVES ANY RIGHT TO REVIEW AND APPROVE ANY AMENDMENTS TO THIS AGREEMENT WHICH DO NOT EFFECT THE TERM OR PROPERTY USE RESTRICTIONS SET FORTH IN THE QUITCLAIM DEED TRANSFERRING THE SUBJECT PROPERTY TO THE CITY. 8.13 Change in Law/Renegotiation. The Parties agree that changes in federal, state or local laws or regulations that materially modify the terms and conditions of the Agreement and result in a detrimental change in circumstances or a material hardship for either party in performing this Agreement may be the subject of a request by a requesting party to renegotiate this Agreement or negotiate Agreement amendments and the responding party a�ees to renegotiate fairly with the requesting party. 8.14 Force Majeure. Provided that all other requirements of this Agreement are met, any party shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if that party's performance is prevented or delayed by acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, accident to machinery, equipment or materials, unavailability of required materials, governmental restraint or other causes, whether of the kind YMCA Concession Agreement 22 enumerated or otherwise, which are not reasonably within the control of that obligated party ("Force Majeure"). If as a result of a Force Majeure event, an obligated party is unable wholly or partially to meet its obligations under this Agreement, it shall give the other party promptly written notice of the Force Majeure event, describing it in reasonable detail. The obligated party's obligations under this A�eement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. 8.15 Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, executed by the party against whom such waiver is sought to be enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 8.16 Illegal Provisions — Severability. Should any part of this Agreement be found void, illegal, or unenforceable, the balance of the Agreement shall remain in full force and effect. 8.17 Article Headings, Gender, & Number. Article paragraph headings are not to be construed as binding provisions of this concession; they are for the convenience of the Parties only. The masculine, feminine, singular and plural of any word or words shall be deemed to include and refer to the gender and number appropriate in the context. 8.18 Prior Agreements. . This Agreement and its Exhibits replaces in in its entirety the Concession Agreement executed by the parties effective December 6, 1984, the first amendment to said agreement executed September 19, 1990, the second amendment to said agreement executed August 7, 2002, the third amendment to said agreement executed January 21, 2009 and all other related prior agreements. 8.19 Entire Agreement. This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 8.20 Counterparts. This Agreement 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. 8.21 Recording. Upon the execution of this Agreement the CITY will cause a memorandum of this Agreement to be recorded with the land use records of Kitsap County, Washington. YMCA Concession Agreement 23 8.22 Approval of Agreement. This Agreement is subject to the approval of the U.S. Secretary of the Interior pursuant to the Quitclaim Deed transferring title to the CITY to the real property upon which this concession is granted. IN WITNESS WHEREOF, this Agreement has been entered into between the City of Bremerton and YMCA of Pierce and Kitsap on the date fully executed below. CITY OF BREMERTON By: Patty Lent, Mayor Date: ATTEST: APPROVED AS TO FORM Carol Etgen, City Clerk Roger A. Lubovich, City Attorney STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, Patty Lent, Mayor of the CITY OF BREMERTON, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he was authorized to execute the instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of , 2010. Notary Public in and for the State of Washington, residing at My appointment expires: YMCA OF PIERCE AND KITSAP COUNTIES By: , President Date: YMCA Concession Agreement 24 STATE OF WASH[NGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, , President of the YMCA OF PIERCE AND KITSAP COUNT[ES, a Washington non-profit corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (s)he was authorized to execute the said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of , 2010. Notary Public in and for the State of Washington, residing at My appointment expires: U.S. DEPARTMENT OF INTERIOR By: , Regional Director Pacific Northwest Region, National Park Service Date: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, , Regional Director of the PACIFIC NORTHWEST REGION, NATIONAL PARK SERVICE, for the U.S. Department of Interior that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the U.S. Department of Interior, for the uses and purposes therein mentioned, and on oath stated that (s)he was authorized to execute the said instrument on behalf of said department. GIVEN under my hand and official seal this day of , 2010. Notary Public in and for the State of Washington, residing at My appointment expires: YMCA Concession Agreement 25 LIST OF EXHIBITS Exhibit A— Legal Description of Premises Exhibit B — Site Plan Exhibit C— Quit Claim Deed from United States of America to the City of Bremerton YMCA Concession Agreement 26 EXHIBIT A Legal Description of Premises YMCA Concession Agreement Exhibit A EXHIBIT B Site Plan YMCA Concession Agreement Exhibit B . � ' ' ." 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J�.� y /� � r� ,� - � EXHIBIT C Quitclaim Deed YMCA Concession Agreement Exhibit C _ ' � . ., • �` . �� . . � . ; . , ' . , � QUYTCLAgf D£Eil , ( , . . • ' ' ' , ' ' The UNITED STATSS OF AM�RICA� acttng•by and eh=ough'tha ' � �- Secretary of thA intexi.c�r� acting by and. through ttie Norchwest Pe- . - gioual Director� Duxeau oi' IhsCdaor Reareatl.o'a, undex and �purauaat ' '• to the power and auChor ity cpnCaiaed in rhe provieiaas of tha Fed- , � , eraY Propexty and Crative Servicea Act of 1949 (63 Stai. 377), ' � . • • � ag amended, and psrtiaularly'aa amended by Public Law 485,• 91sC � Gpngresa, and xegulations snd ordere proma7.gatad•Chazeunder (hera�n- • �• after �deeigna.ted "Grant'or") � far end in coaaidera�ion af the pex» . � patual +sae of t3�e harein.aftex• de'scribed premi8es as and for publia• �• , � . • . � , . . park and publia xecrest ipa area purposos, by the Citp o� Bremexxoa, a muaicipnl,aoxpoxatioa, located ia iC�tasp Couaty� 5tate oP Wsah� • iagtou (hereinaPter des iguat�d "Granteo"), doss horeby ralease,and • ,' , • qu�ta�.aim to Grantge� and Co tCa aumceaapre aud aaai.$as,,eub�ect to ' tha reservations, oxcep� ions, xeStricLi.ona, cond�,ti,ons, and covenanta ' ' hereinaftax ex�zeased en.d dat Eozth� al1 Grantan's Light, tiCle, aad • t • • � . � • . • . : � intezest,in'aad ta.xhat cerC�in tract of real pra�erty desigpated•as • Ares "A," co�iat�ang oP approx3mately 1?.6 uaxen;_ l.oeated ia� Kitaap . Ca�+�y� Stata o� Waehinp�ton� and�mora parti.aulariy deaoribed in , • � Exhibit "A;" attached he�ceko and by xef.exdnna a3ada a part hereaf. ' , . TO UAV$ AND TO tiOLD Che hereinbefore desczibad'p=operkq, • . - , aubject Co the reAarvatione, exceptiorae�.rsa�z.ictione, coaditlope� ' aad covenanta herein aicrreesed and set forth uato tha Graates, J,ts � I • . . . � : � , . suace.�sora ansi asaigns, • �oravez. . � � � r� . • .VI ' 1tE5II�VIN6, HOWEVER; uato tha GrauCor .aZl coal, oil, gaa, ' ,�' and other miaerals on sa3.d xeal proparcy�'together with Lhe right • � . i , � • ' t � '' to pxospeat fox, miae amd rQmove the sacte under applicable lawa, ' � ! . rule3, and rngu2atians pr.escribed•bq•khe Sscretary ot the Ynterior. , i . - ' • • � ' PursuanC Co auzho�ity contained ia xhe I+edaral Propertq , i . . • , . . • . � �� aad Adminiaera�:,ve 8asv�aea Act o�.�9A9,�as amen3ed; and appliaable � � ' . i . . . , . • � ' � • ' , i . . . ' I . . ' • � . . � . � • i �' . . . . .. : . � ,. . � . .. . . ; . . . . � . . � �. �EEI �12F�1889 � . . . . , . . . ; «__._.__........__.� � .- _....._..._�.._......� CONCESSION AGREEMENT EXHIBIT C , � " . � . . ., . . . / • • r . 'r • i i� �� ru�e8, zegulations and ''�rdera promuig,aCad theroundar, the Genexal . Servicea Administration dotermined Cha,property to be euxplue to tha needa oP the Uaitecl States oP f►u►erica and assigned the prope=Cy to '� Che Depaxtment of the Intarior� �or fui'ther coaveyanco to the Grantee: .• �� '' It � i,e agread and underetood by and beL'weea Cha Grantox and , Grantea� and the Grant ee by iCe acceptaace of Chie•deed, does acknow- ledge ita uaderetanding of ti�e agreemeat, and doea coveaanr a�td agrea for iteeif � and iCS suaaesaora and asaigne, fore�►er,' ss foliowa s , ' � '. • 1. Thie proparty sha13 be used and asaintafned for the public puiposea �oY wh3.d� it'was conveyed ia perpetuitq as set fvrtb : in xbe progtcam u� utiliz�ti.oa 'and plaa coatained �a tha app7.icatio�t • dated Januaxy 8, 1971�. as on Jaauaiy ik, 1971� aubmitted ,by Cka Granteo and acae�pted bY the Grantor oa Jauuary 25, 1971, which . ' program and plan may'b 8 amended�fzom Cima ta eima at the request o� , e�thar the Grantoz or Grantee, with tlie writtea coacurzence oP the � •other party, and auah amendments ehall be added to and become a'part , ' ( . . . . . . of tha origiitisl epplicc-��i.on. . • .. • . . 2. Tha Graatea shall, wiehiu aix (6) montha of the date . � o£ the deed of conveyaz�ces erecC and a�aiatain a pernianant oign•or ' maxker near the pofat of priacipsl aacess to the aonveyed axea 3ndi�ax- • iag that the property is a park or recreation•axea and hae•beea ao- ' �quired �rom tha Fadexal GovernmeaC for uee by th� genaxal public. . 3. Th� pxoperty shall not. be ao�d, leaseci, aeeigaed,,ar . , oth8twise diepoued og �Gepz to aaother eltgible govaramental'ag,eacy � • tihat the 5ecxetary of 'rhe 'Interfor agrees 'in'writiag can assura the , cautinued use and ma3istenance c�'the property fox pubiic patk or � public recreational puxposea subject to t11R 8ARt8 terms and coaditior�s , in the oxigfnal iastziimene o£ conveyaace. '�lbwcwer, riothing in tiiia � • ' provision ahall preclude the Graatee from previ,di�g•related reciea- tional factlitiws �d a ezwices compatiblo with tha appxoved appZicQ-• . . Z . - • • � � � � � � : � ' . � � � �E�� "12FR1890 . , . . � ' ,i .. • a 4 , • f . :��efi� :t�►Yough•.conaes8�#QA� $8reemenr's eii�eted' intio With third parties,' ' pYQ�'fd�a':pf��i'.concu'"rar+e�ae' to sucli:agreeweats. 18 obtained .in• wri.ting 'froah�'rt►e:.Sec�.et�x�T;:b�::'•�� xnCerior,..' • • ' • . _ ' ' k. prom the date of thia couveyaace�-l�i Granxes ita.suc• . • ceasors and aasigns� shall aubmii biennial repotta to the Secretary o�' �he InCeri.ar, aettiag forxh the use mada of the proparty dvting • � tha preceding twc-yea't PeYiod; aud othex pertinent data eatablisb- ing ite cant�.naous ue e for th� pvrpoae� aet farth above, £or tan •. . • coasecutive'repoxta and ae fus�hex determia� by the Secretary�oi • the •Iaterior. , . • ' ' • '' S. Tihs �aatot abell have the rigbt 'duriag the exl,�tez►oe . oi' �auy �tati.oael eaaerggncy declaxed by Che Presid'ent ag ths tJu3ted ' States�of America, or thg Ca��.rh�xeof, to the full unreetrictea � po�seseib�, conCrot, and uge of the pxeinisee, er es�Y Part xAgxeof • , . wit'hout charge; pxovided tbe Grantbr,sliall bear tha entire. co8t o� • ' maiatieaance of all property so ueed. , ' ' •� � ••6� p$ pRY,� pg the conaidezation �ox this�Deed, ti8a Gxantee cweaaate an8 agreee fox 'itaeli, its succeseore and ass3�ns� that , ' ' (1) the pxogiam for ox ia connaetion with which tbia Deed ie made •' . , Will be caadut�Cad in compliaACe With� arid tha GxanCee� its aucee-' soz8 aad' a,eaigne � wi1•1 �co�p�Y With' all: xeyu3zemepte i.mposed by or puxsuAnt Co'the regulations of the Depaitwent of•the Interiax�as • in ei:fecC oa tbe dat� o� •th�e Deed (43 C.B.R. Paxt 17) iasue� � � nndaz tha pxovieions of Title VI oE tha Ci'vil Righta Act of•1964� ' (2) this covenant sha:ll be aub�act in ail respecCs to the provi- • ' � .s�.ona o£ said regula�3dus; (3) t6e Graatae, ita s.uccesaore and aesigns, wl.1Z promptiy t$ke 'sad.conxiaus ta taka such actioa•ua • may ba nec�ssaxy Lo e#feetuate this. cova:cant; (4) the Uaieed . • Seatea shali have th� ri.ght to seek judici�il enfaxcema.nt of this ' � covenaat, an� (5) th� Graatee, its auccessora and aesigns, wi11 • • • {s) obtsin iz8w each otlier persoa (a�sy lega;. eni:ity) wnv, �hrough•r, �� . ' ''• 3 . ' . .. . . � . . : .. • .. flEEI'i.2FR1�691 � , • . . , • . � . ; � ,� � . . . �r � . . . : . � contractual or other arxapgemeats wi.th the Grantee� its succ.easora ' f ox assigns, ie auCltorized to provida services or benefits under said � pzograro, a writtea agr eernent puxauant to which.avch othe�c pexeon � � stzall. with xespeat to the sarvicae ar bsnefite wbich he ie author-: • • ized to provide, un8ertake �os himaelf the sa�na obligations ae those � � i.mpoaed upoa tbo Graat eet, ita eucceeaors and assigna, by Chis cove- uant, and (b) furpish a•copjr bE auch a$reement to the Secretary o£ ' • ths 7ntarioz, or hia succeaear; and that thia covenant ehall ruio ' with the land herdby aonveyedi aad ehA21 ia aay eveat, viCttouC re- . gard Co teatmical clasai�i,cati.on or derigizati.oa, legai or otherwise� • . be �biuding ��p tke #nll'est extent permi.ttad by lam and equity for xhe • benet�it of, and�'in favor oP the Grantor aad eaforaeable by the Gran- ' , tor against t'he Gr�ate�, ' iGS sucCeeaore a�nd asaigns. , ' ' ' . ' • q, ?aa the even't there is a breach o£ any of tha conditi.or�s . . and coveaanta herein cantai.ned by ths Grantae� ita aucaeeeoxe and ae- , � � ai$na, wheehes caused by tt�e Te8a1'os' other inability of the Grantea, • � : its succeasore• and aeaigs�e, to•perforrh ea�.d cbnditiona and covereata, • � or othexwiae� 011 right, title and intere�t i.n and to ehe eatd prem- . ,.i.see eh�i11 reverC to aaa•becoma the properCy of the C:&ntar at ita • . opt3oa, wHich i.n additios► to •all otbei� rawediea for auch bxeach . � sha11 have the •right of eritry vPoa esid.pxemisea, ead.tha Granteo, • I s,�all forfeiC a17, right • t'�tla and i.aCer-• ' { . its auccessars and ass i$aa, , • . � est in. saiil �pr�nf.sea and in anY ��ind e1T oE tbe tehenenta, heredi.ta- • ' ' ' meats aad appurtenaacea �here�mto belonging; pxovided� howevar, � • that th� fsiluxe ai the�Secretazy oE tbe•Depgrt'ment of CKe Zaterior j . � .i Go Xequire �n any bae or maxa i.uatances complete phrformanca of any,• � � . . , � 01 the aanditiaas ar covenantg ehall not be'conatrued ae a waiver� � . � . � or re].inquigh�ent of su�b futura performance,_but the obligationa , '�� . . ,• i . of the Grantea� ita successoss and seaigns� with respect to �uch ' i £utura performsnce aha�l continue in #ull ��r�cee and ePfect: �� . . . i � • . � . . � � �� •• � . . � . � . � . , . , . . . .. . . � � .. • � � � � . � � REEI "'i��Bi892 E , � . . . � � � . , .. . � . � � � � � � ' , ' . , . , f 4 , • ' � � �St W11'NSSS WEIERL�I�, the G:anto�: hae caused £hese pre�enta � •j to be execuCed .in its narne and• on ita behal� Cbie tha � day • oF G�� _ - , ► 197�• � . ' UPtITED 'STAxES � AMERYCA ' • ' ' Actiag bq and Chxough �he , ' ' Secxetaxy oP the.xnter�or: . . ' ' . . �� i . � . Acting 8egionak Qator • � • . • Norttiwest•Regt'on . . . . �uTe�u o� Outdooi Itecreation • • . . � STATE� OF WASktINGTON � ss. � . . � • • ' . • . , • � Qauntg a� �f� , � . , .� • . ' On .Chie ��. d�y of �,�,L � _ .-�-• f9LL> be�ore , • me,•tIie�eu�'s,cribex.�pexsonal:ly appCared•�L',•�r ALLIdN, to mA.lmown'and, . . � Iiaot+t+m., �o :be tba• Ack�a&� xiegl,bnal, bixecCox : Northweet•. Regiori, Aureau , ' � � o£. (nitddo� �Aaar�a�i4A,`� �� 'tiha' United' Stat�s Departweai o� •tbe Inta�- • . ' •io�,•:"a'.•SQ�e�!entgl $g��4��. °E •�K�, U"ited. SCates of Amerfca, und ; ' kriow►►. m��: �p . yg tiy� ••��e. p+�xaim d8�cribed. it� aiad who exeguted .• � . �the;•Pare$oing?:ir�s.�fvm�n�' �s. such�AcGi.ng• Rogiona3. DiTector•a�orepai.�1, , � . ae:. ��,�aGx�a�a:. a'e.a� oE ��'Un�ted 9tatea.�aE•Ameriba, :Eor �and on he� �,,, • • � •lia2�'=o$'. xhe� ��'cxetary .4�. �he Iuteriur,• duly �desi$�ated; eiapoW'tprad�•� ,. ..� :.� . aYid• a.tikbaie��esd'`�o• to do: '2�S! e'�� Sec,�se��x'y:,•' and ha .so�cnow�e �'+,; . ' ha ex�cu�ed'i"Che•��axc�$o�i�:$•inseruarent•�or, 'a beha�i� o ' �. .�_ . ( • �.S�ates. of • Ameri.ca; . for th�+ purpoaee aci ` �u here � d .� �� S „� �;;,,�, • . . • �r �9 ,�'.' ,:v+ .. •�t40 ' r': � . . . ' C11'i r. . .�:�.C' $TY�^� � Q��l : � • � State.'Qi W88,11 $t,oti��6 . . •�.�,�' � ' . � ' At'. ��!%�' /�i �' � S � n''•. . • . .�� p�@$a�,Rg. com�eyanaa ie hereb�+ sccepted and �bm �uudar- ' ai;$ned'.,agrees•, ' b�r tlais� ��ceptanne; to a�swaa snd � be bovnfl by all ct�e , . �obiig�r'i:eas �� Condl.tior�s a COQE118�1r�9 � �nd� agseeme�ta�•, ehexein �contaia.ed. . .. , . . • The• CITX QB BREMEItT01`i, a mun�.aipal � ATT£&Tt • • � . • corpo'ra�iau, I,ocated ian Kl.tsap , . • . . . • COuntY, $'tate of Waeh�n , . B • •• • • ' , . . G1� tad ayor . . . � ��,,` �� + ,�iQ1�;,:SR..•'�.``'�3�'LY •Clerk � � . . ' • ��l'.7 �.a• pNti'�a•ti��- . D S f ' ' . , `.; <�, ��.v � ia+r.��;;.�,�'•� =,;:�.= . , . ' , � xew PendexBasC, Supex = . . � �1 : ti.. v A�te9 ;� , ' �P� taadcnC, DepaYtmen� of rles . , �" r A 04 �.�' �� . • ' ' ' ' and �eexeatian � • • " ,• .h : i k t M� o �pl a. ; •t� r• • . . � .4 �� , • .S � � G ,.'• � ��' � � w: ^ • �. . . . ' ' • . � �` � �� , , . :;� �ir a9 c�� ?: .Ea a� . . . • . ��j� ' •.bECt ��AgR.P` \' • , . • • ' ' . � •...,. �' �\�' ' ��",`•• JI f � �• F � .��`' ' • , ' . , . • ' �i I ' ��r.. . . , ( . ' . t.n...�� ' ' . . � . .., ; ' . .. � . . � � . : B�EI'1�FRi89� � � ___...._____..._ .. . . _ ..._.._:_� ..._.--,-...�—.,�. .�._..- �---____._ __..__._. . . _ __.. ' � . � h, . • • • ' . � ' . � , • • ' � ' ; ' . . ) . . . . sxn�rx o� wasxnac�oca ) . . • ) as . . . . • CounCy o� Kiksap ) . • . . ' . • . . Oa thie ,�,�,,, day of , , 19FL,, bQfore me, . the ander$igued Officer, peraonally appeared Glenn K. Jarst$d an�' ., Aisdrew�PenderBast, to mcs ksiaws� and known to me to be the 'sama,peraona . whoea nainsa •'are. subscribed eo tha foxeg6ing�accepCance, who� bei:ng by • • me• duly evsorn� clid depos e and say that �ha, Clenn• IG Saratad, 'i's tkie • �Mayor, and thaC he•, Aadr ew Fsndergase, is the Superintendent of DOyartmerit� o£ PaYks and RecraaC3on of the City of 8remerton,, Washi.ug- , tdn� thaC thay are dulq deaignated. empowared, and authoiized by a• • � xes'alnt�on �dop�ed by,th:e �itY Cauncil o� � the CiCy °of ]lremextan, , ,. � Waehington, on Decembar 9a, 1970, to execute the•foregoing�aecepC- •, ancs and Co si8n thei.r aaa►ee ,thezeto; snd that �hey e�.giisd thei��;�,, .;�. . namee� Chereto and acknawledge t3�at 'thay executed Lhe for�$o�n '�„�r Ax ,�.'. . ' sxru�enC for and on beh�lf oE the diry'of Bie oci,'•Wash � �� ti o .; . . ; 3� i �'��. �t`�� • £ox the puzposas astd usos therain dean�i�d' .� �,�,� �: �', , • � ' a ic �in n �, �� x . ' • . � State of Washin Con;�� '�i�l ��°� ,i� . • �� ,,e,; 1 i ' . . . • sC: ��/Y6� i0�' ��`'�,,:"+ S'�A'�L ,,+ . . . . • �•. ! ` . , • ' . , ' ' ' ` • �' .. ' • . � � . • (• - . , • , ' ' • � ' . 6 . . � t . : . . . . � � . BEEl��12F8i894 � � ..�.,�� ..� ... . . . . .�h ..y.....�.... �'__'...... .. ' .��....�- . ...�.. h � '- �..�..-��....��.�..... y ' � . i , ' . . . ' . . • . ' � . �D . • . • . " . . , .. . . ( . . . . . � • � � • I ' . . . • . . • � // ' , ' . ' .. � � � � � .�., . �. . �� .� _ .� :� .�.1 `. .� , s � . � . � . �. � . - � . . .�i . . . . . ' • :. L�1(3AI, DESCRIPTI01� • • ' ' . ' . . ; . .. � ' •;, . lSF1T� °An ' . , • . ... . . • � . , . ' . , � • D�sarl.bod 'ro eouth side oP aideb�alk along south eide oY Magaason GTsy': '•.• .. ' ' and Schlay Bou7.evard. • , � • ' • • � � • . .' � , ga�iru►in� at a concre�Ee moriumen� a�r fi�e aentar of 3ection 12� Totmr�.,'� ••. �• ship 2!� Piorth; R�?go� �. East, .VT.�i., eaid center o� esid Scaotioa 12 : ', '. . beiag app,roxim.ataly a�L the is►tsreect3on o# the con�ar ltuea vY ��: �. ..;! ' Scbloy 7�o�a].evard and Tt�e7.tfi3i Avenue; thoncs $ovtth 2°0].�2$" t�oet • • : �'� � ` ' :,� • �,$1a1,&t Paet �to the �,rue po3n,t of begira�irgi then�� South.2�07.�25a' : ' . • .. ; , 1 , Y:oat 7A50.70 foet to a cancret,� mouun�eat, said mot►ument bcjing on ,�. � „ • . ti�s Seat�on ].�ae dividiaag Seati.one 12 and' ].3 a� a point apgroximately ::•,'� .'� .•' •�.' .. • z�hare the- centerlias o� S�1eY Boule�►ard iateresate said Bact�,o» •,,, � 3.�e; thence Sou't� 1 TrT�et ?.1i2.23 �aet, thaxe or'�esa, tfl ::�. ,. '' north si$e of State Secc>adas� 13igbts�}' No. 3�33 '�henae North 70 27�k�''�.':•:' .. t:�ast al.ong the northsrs,Y side a:� eaid Highnay ' 299.b8 feet; . t�hence .; ' .�• �,��:, . • $outh 13 �:sat a].oiag s�rest,sr�,y e�.da •o:C said ��►�,Y 5o feat; ' ; . � : �,. , . .. • ttiorico in a north�reatar3y d3xeat�.oa aloz►g the norLherly oi,de o� �aid ' . . ' . . �,: � � High�q on a curve of• radiue 5bT.97 Yeet a di.et�aace oY 227:32 FeeL; :, • �eaco alopg eaid . Highs�y Noxtl� ltb°�].�l�Off tdset 136.28 Pee'�= �aa :, � Nortk►• 87 Wos� ? •do feeiss Y th�ae�� e3de �; ,, . . . oS aa�ld Eiight�ay �orth li� 1Fa. �0 3 '. • 1�3�18�liOn i�.+est 58..1�3 �'eet� more or le�e� to a poi.nt on t�►e �o�kQ� �..' •. ,. , the • aideti83� �� the aaR�h sicio oR' Homar 8. Jonea Drivo; ... .. � . . ao�rooe said d�rivo Narth ?.,3 OZ' 29" Euu�t l�3 �eet� mmce . or 3 esa, �ta �. .. '. . a poi.zit aa� the baok oP - tha aidetrallc on the nwrWi aide; t3�e�ace alon� •.• • .. •'`:',� ( � #,he be�els ot the side�ral�c on a curve to 'Lhe �cight an a rad�exa oY ,� l�8.65 fee� a distance o� 41+• Yeet; t�heace alor�g baolk o� eidawalk `.� ..,� . llorth 3,lP35'1�1" Weat ?2 v06 �eot; t�►eace a7ang baak,o:� sidewalk on '. :: • � a curve tv the.right z+zi..th a radius a Y 4 6 3.. 5 f e e' t r a d i e t a� ace o Y ., :. .. z •• . . . 21b.?8 Seot9 thence along baok o� eidewa].k North 12 F,aet ..•:.: ' •�. �.. ' 1o5o5b �oot; .�themae •alozag baolt o� eidewalk on a anrve to the r3ght�'':: �., ,, � ' �• iiith a rEdius of 651.5 �ge� a dis�acica oje 22T.1�? �eat� cnntinue ; ". .'• � .. • along baek o� ai;.de�a7.k on a curvo tQ the• r3ght � th rAdiro�s 1,�1.37. �� ' ... ' . �eet a dieLanaa o:� 273.?9 ��e�3 � ��' �•�'39" EaaL 216.2b ; . . . ••• Yeet crosaing Homer R. Jonea ATiV9 8t 3YCb8i'8�C'G�Ctl �Tltll SCh19S •' ' .,, •.� ' •$��; ,��e � a�q� �o t,he 3s£t witk► a radiva oY i�2?.72 '' I �•'�•�ee�t a diat,ance ot 63.23 �'eet3 t�enca south 29 Ea�s� Y8.5 '• • • ��et3 ��e sau t n a?� 5 8° 3 5 " � a a'� 7 3 9. 5 J: e e t� m o r e a x 3. o a� •� t r u e '•... .., � ' � pa3nt of bog5,�n3ng, ��teiiz�ing apPmx�matc�r 18.1 acros, .e:�cQp � ax► '�:. . ., i .i . . • • • area d�signated as "Mnsai.cipal Axea° doscribed aa �allovrsa , .. • ; , � . • •, EXHlBIT A ' • . . . . : . . • . � .. ,. . . . . . : . . . . . • : : � �. : . . �, • • �EE�'12F�i�8�� :.. ., a • .... • .. , . . . �, . � . . � � ' . . : � � , . . . �' ` ' , , , , • . . �' . .. � ;�' . . . . � � ' /, . .. ... : : .. .. . : . .. : � . . . ; ' . . . . �• J.EOA� D�CRIJ?TIQN - lIRE1l "A" (Contirnaed) • • ' . .!u� ase+a doaigtiatod �"�°3n tha C�t3► oY Breme�rton, Coun'.y�o�� . . Honsing E►�o3oot� i�Ib�-1+5 1111 �re partiau].ar13► describod sa follot�si ., . ' . liitaap, St.ata of l•J�iehiagton� „ • ' . . • • �• . � . ' . 'ab a�'poi� uhic}i�bears 13orth 2�07.�?.5" East from the �:� : • . . . . .. : H ��'� o:e goct�o� ia ana i3, �ownat►�.24��rora�., aa�se� �: • . . • aecti.an corner . . ett,a Meridiaa, a d�atance oY 20 • feet3 �}'sonco' No . , s� - �87°52��b�st 20 Yeet to the tru� Po3rit of begismiag ansl tk►e .. . � . ' .' c;caot�r�8.marB� of S�Y �avard3� thenca tlo�� . .. oY Sclilsy t a�osb 3A0 S�et; .�• 350 Eeet along• tdie t�esterl,y �8�'► • ' Norfi,A 8? �Jest 3� Yeot; thenoe South 2°O1 25 ` a 9 a Weet 183.85 �eobg �tdtenaa Sotlth 2°01�25 ' . . .c � t�+ric� Sonth 24 ?.!1 ?�3 �� Barala.el t�o and 20 Seet aoi�t2►.o� fid►e� .. .. •• ��est 80 foet to a 7�ine Y� .. , • ' ' �, � o�e ssct�.oa a,3s �e�ae�'soutb 87°52'S6� $ae� �oo roe� to . •� . ttsa trae po�.nt of beBiiu�in6a. can�� acxes mose or losa ' Sab�eat to oaee�e�s Scrr roaci P�TPoaee �along ths eae� bb'u�ndar9 and :'. along the sa�uth liAe oY ,said Seati.on �.23 t° ' .. � , . , . . Be�amea� datad 29 Noo�aber 1913 � O�YwAie P°�ar ComPan4►' recorded :��,•� � � � in Valuuie 89 o:e Dosda, Page 538� �� o� Ki.teap Cvun�yd Y��S'�3 . . '' EFSSeatent dated 26 1�pr31. 19'�9 to Puget Sound Povler & LigtxL �Comper�v .... � recordaa in Eook 3b8, Page 223� reaord� oY Ki.teap Gount�q� Sa�as�'�• .� . . . • • ' � • , . . " ' . �. . . . • � . . . . _ . , • . .' • � . " • .. . . • . , , . ' . . . •• . . � ,• •� ��3�M,.. : .�• • . •. ' � pu.a ro. xeso►a � � .. . , .. R�4uest ot Pl. ER HA KitsaD�ht�Audt C t¢r �'"� � � � ; .. ' . . • • . n,'SHEOOORE wR1�+4iT� , . . • � �AEE��iQ��"��p�$�6 : . . � . . '. ' . • . . . •<. . � .. .� � . . '. . •• ', . r. . � . . . ... ....... •r .� ,�. •.. ', . ' . .. .. .t•�... :i+;�• .....`:i • • . • . • ' . . ,' . . Page 1 of 1 Christine Grenier From: Christine Grenier on behalf of City Council Sent: Tuesday, August 31, 2010 1:52 PM To: City Council Subject: Citizen Calls - Item 6A "Concession Agreement with YMCA" Comments in support of Item 6A "Concession Agreement with YMCA" have been received (unless otherwise noted)... This information is also being provided to Mayor Lent and City Clerk Carol Etgen. Christine Grenier Council/Auditor Assistant City of Bremerton (360) 473-5280 Sunday. August 29 (360) 479-2793 2:47 PM Norman Crawford (360) 633-5773 5:59 PM Angie McClain (360) 620-5929 6:08 PM Unknown Mondav, Auqust 30 (360) 434-2089 9:19 AM Unknown (360) 479-1280 10:06 AM Francis Bero (360) 377-3742 10:13 AM Nicole Dahlquist (360) 479-1125 10:37 AM Richard Seaquist (360) 373-6611 11:59 AM James Strachan $ for teen center, but not for keeping pool open; city could handle this issue better (360) 479-4192 12:53 PM Rebecca Stout (360) 377-6768 12:55 PM Nancy McVicker (360) 620-6556 1:41 PM Bill Jackson concerned about fhe pool; the city should get its priorities straight (360) 831-9301 1:51 PM Gable Cammerlin (360) 674-8850 2:44 PM Maria Elena Elevos (360) 792-1653 2:46 PM Carol Bashaun-Jackson (360) 373-2251 4:10 PM Anna Haynes (360) 377-6310 4:42 PM Melissa Lynch (360) 396-8622 8:22 PM Kathy Spence (360) 275-3060 8:23 PM Anita Halvorson Tuesday, August 31 (360) 405-0143 8:15 AM Unknown (360) 792-1653 9:40 AM Gaylord Jackson make the right decision because you will have to live with it (360) 689-3043 1:16 PM Vali Yep 8/31/2010 Page 1 of 1 C hristine G renier From: Christine Grenier on behalf of City Council Sent: Wednesday, September 01, 2010 3:23 PM To: City Council Subject: Citizen Calls - Item 6A "Concession Agreement with YMCA" Comments in support of Item 6A "Concession Agreement with YMCA" have.been received (unless otherwise noted)... This information is also being provided to Mayor Lent and City Clerk Carol Etgen. Christine Grenier Council/Auditor Assistant City of Bremerton � (360) 473-5280 Tuesday, Auqust 31 (360) 621-3166 3:14 PM Unknown . (360) 649-0347 4:43 PM Glen Godfrey (360) 692-0960 6:43 PM Cathy McAndews Wednesday. September 1 (425) 503-1369 7:30 AM Arlene Melvin (360) 373-9883 7:45 AM Mary Walters (360) 373-2452 11:55 AM Tim Amyn (360) 830-2869 1:44 PM Tom Basile (360) 440-8458 2:47 PM Denise Kilkenny-Kittle Proposed daily use fee is too high 9/ 1 /2010 Page 1 of 1 Christine Grenier From: Christine Grenier on behalf of City Council Sent: Wednesday, September 01, 2010 8:36 PM To: City Council Subject: Citizen Calls - Item 6A "Concession Agreement with YMCA" Comments in support of Item 6A "Concession Agreement with YMCA" have been received (unless otherwise noted)... � This information is also being provided to Mayor Lent and City Clerk Carol Etgen. Wednesday, September 1 (360) 479-7874 3:04 PM Paul Grant (360) 479-7874 3:07 PM Raini Grant (360) 621-5934 4:18 PM Tiffany Royale (253) 973-1198 4:31 PM Unknown (360) 479-3672 7:48 PM The Bradfords P/ease nofe that our office received in tota/ 34 calls (4 callers expressed concerns) and 10 letters (expressing concerns). FYI Christine 9/1 /2010 Page 1 of 1 Christine Grenier From: Amanda Garofalo [myloveisforjustin@hotmail.com] Sent: Wednesday, September 01, 2010 1:15 PM To: City Council Subject: Jarstad pool I am writing to state my opinion on the ]arstad pool. I do not want to see it turned over to Pierce County. I would like to see Jarstad Aquatic Management (JAM) have it. Thank you for your time. Amanda Garofalo 1005 NW Mahogany Lane Silverdale, WA 98383 . (360)440-8035 , 9/1/2010 Page 1 of 1 Christine Grenier , From: pamkiesel@juno.com Sent: Wednesday, September 01, 2010 6:24 AM To: City Council Subject: Further Comment - Citizen Concern - Against YMCA Lease of Jarstad Pool (Pam Kiesel) Council Members: My understanding from the articles in the "Kitsap Sun" is that the proposed agreement between the "Y" and Bremerton will NOT guarantee continued AFFORDABLE and PUBLIC access to the pool past 2010. Four free days a year does NOT fit that definition. This agreement does not seem to be right and proper use of a public facility. It leaves control for access and fees up to the "discretion" of a private enterprise. Even in these tight, economic times, Bremerton seems to have money to fund projects that have much less positive impact on and importance to the health and welfare of its citizens. It is hard to understand why this direction is being taken. I urge you to further consider other options. Thank you. Pam Kiesel - Bremerton 9/1/2010 To: Page 1 of 1 Christine Grenier From: margaret [mdues@donobi.net] Sent: Tuesday, August 31, 2010 9:58 PM To: Carol Arends Subject: Jarstad Pool To: Bremerton City Council From: Becky Lorber Date: August 29, 2010 RE: Transfer of Glenn Jarstad Aquatic Center to Pierce County YMCA It is unthinkable that there will no longer be a community pool in Bremerton, the largest city in Kitsap County. The forefathers of Bremerton recognized the elements that make a city #1 (1992) and strive to ensure that services are available to all...not just those that can afford them (memberships). During the 20 years I worked for Bremerton Parks and Recreation the goals were to improve and develop park lands; 'grow' recreational programs and events; and ensure that all facets of the population had access to recreation facilities and programs. In the six years I have been gone, I have seen the reduction of senior center hours, park lands nearly 'given' away to developers, and now the loss of the city pool. Where is the leadership and why have the goals changed so drastically? A community pool provides MANY benefits: fitness (#1 national concern in the USA today); safety (learn to swim—especially in areas like Bremerton which is surrounded by water; therapeutic (rehabilitation); recreational fun and parties; special needs; teens, and team sports (Bremerton has sent 3 athletes to the last three Olympic Games). None of these options will be possible to the general community member if operations are turned over to the YMCA. There is a reason the YMCA wanted to build on city park lands in East Park. They benefited their membership by having aquatic opportunities. If the YMCA understands the need to have a pool facility for their membership and can figure out a way to financially operate the pool then why can't the City Parks and Recreation Department? A swimming pool rarely operates in the black, however the benefits for a community have always been important enough to provide the service. Why has the problem become public just 2 months prior to turnover? For this large a shift in policy, the information was known and being discussed months earlier. I'm sure both the YMCA and Parks and Recreation Commission minutes from monthly board meetings would show this, and if they don't, then I doubt enough options have been explored. Let JAM have their chance to keep the pool a public facility, just like Poulsbo has. Have both the YMCA and JAM show their three year plans and select the one that gives the most opportunity to Bremerton citizens. Minimally, there needs to be a YMCA community rate for people who can not afford the $11.00 daily fee and a senior citizen rate for those on fixed income. Bremerton City Council--Do not give away the efforts of so many people who have ensured that the city have basic recreational services. The pool was built with state grant monies; upgrades have come from Community Block grants as well as recent UPARR grants in which local pool users (senior citizens, swim team members, and patrons), swam laps to raise matching funds. There is local support to have a pool. Inform the citizens and let them be a part of the solution. 9/1/2010 Page l of 1 Christine Grenier From: LK [lamera1 st@yahoo.com] Sent: Tuesday, August 31, 2010 7:21 PM To: City Council Subject: Save the City Pool I attended the city council study session on 8/25/10. I have comments on what the speaker had to say. I am taking the deep water aerobics class the pool offers Tuesday and Thursday evenings. I have been taking this class for two years. I woald like to continue taking this class� in the future. So would the other classmates that 1 swim with. Are you aware the pool conducted a survey on whether people would be willing to pay more? I believe people want the city to keep the pool and they are willing to pay more. There are also sign in sheets to show how many people take the classes and use the pool. The speaker stated the lights are dim and you can't see the bottom of the pool. That is incorrect information. I can see the bottom fine and the light are working great. The filters are also changed out on a regular basis. Has the speaker even used the pool recently? The pool in does not need any unnecessary amenities like this lazy river the speaker spoke off. The pool has been around since 1979 and has brought in people with the pool as is. People come to exercise and have fun! Why waste money on unimportant things? Are you aware of dollar swims the pool holds? That event brings in a lot of people and the majority is kids. The four free passes the YMCA will give out do not cover the number of Friday evenings and summer days the year has. Who is going to pay for the passes, the city or the YMCA? The pool has been established since 1979 and now there is a problem with funding. Why was there not a pool fund? It is an expense and the city should have been setting money aside for any fixes or updates. How could the funding happen overnight and the parks department or city call on the YMCA to take it over? The city should find a solution to keep the pool and run it, not take the easy way out by giving it over to the YMCA. I have heard there is a second group. Why was that group not allowed to talk at the study group? Does the speaker have any of the money issues down on paper so people can see what he was talking about? What is the true cost? He was pulling numbers out of the air and I believe that is not valid information to make a final decision. Has anyone seen the cost broken down? The city should not subsidize the pool if the YMCA takes over. Since the residents of Bremerton will not be able to use the pool unless they pay a monthly membership or day pass, why not use the money for areas that need have less? In this economy it is unfair for the YMCA to make the residents of Bremerton pay a monthly membership to use a pool. It should be pay as you go to class; otherwise no one it is not worth paying a monthly fee. Something to think about — If you give the pool to the YMCA and in about 5 or 10 years when the YMCA lease is up, how easy will it be for the YMCA to hand the pool back? Wi11 the city want to have it back? Will the city being saving money in the future to take the pool back? Has the city given up on pool and the Bremerton residents will never have a city pool again? I was a kid in 1979 and I was very happy to have a city pool that I could learn how to swim and go swimming during the summer months. What about today's kids and their future? Thank you, Ralph, Merifee, taure) and Lanette Kuklinski 9/1/2010 Page 1 of 1 Christine Grenier From: Christine Grenier on behalf of City Council Sent: Tuesday, August 31, 2010 4:40 PM To: 'sue fox' Subject: Citizen Letter - Proposed Concession Agreement (Sue Fox) Dear Ms. Fox, Thank you for sharing your thoughts on this issue. I have provided your letter to the Council Members for their consideration at tomorrow nighYs Council Meeting. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360) 473-5280 From: sue fox [mailto:sefo�oc@hotmail.com] Sent: Tuesday, August 31, 2010 2:40 PM To: City Council Subject: pool, east bremerton please consider all options. many of us feel that JAM is more compatible w/this community and its seniors and families. NsueFox- kitsap resident, many, many yrs. 8/31/2010 To the Council: Page 1 of 2 Lori Smith From: Lori Smith on behalf of City Council Sent: Thursday, August 26, 2010 1:36 PM To: 'margareY Subject: FW: Citizen Concern - YMCA Concession Agreement (Jay & Margaret Dues Williams) Mr. & Mrs. Williams, Thank you for your letter, which I have provided to the Council Members for their review and consideration prior to the September 1 Council Meeting when the proposed Concession Agreement for management of the Glenn Jarstad Aquatic Center by the YMCA will be presented. I have also shared your comments with Mayor Lent and Parks Director Wyn Birkenthal. Lori Smith f�.obi� �� Legislative Assistant Bremerton City Council (360)473-5280 From: margaret [mailto:mdues@donobi.net] Sent: Thursday, August 26, 2010 9:26 AM To: City Council Subject: To the Council Thursday, August 26, 2010 To the Council: Swimming Pool: Have been to most of ineeting on the Pool: First they did not give the Olympic Aquatic Club a fair chance to get there bid in. They were not told about the deal with the Y. They had about 3 months to get a deal together and the Y had years. . I heard from a lifeguard that it was all under the table. I don't think that is right. Why Wyn didn't let the people the tax payers, know about a problem. I thought the people of Bremerton voted and that's how we got the pool. Why all of a sudden we have to make a decision which will leave Bremerton with out a pool. Bremerton has nothing for the citizens anymore. Especially seniors. The YMCA is going to charge 11 dollars for a swim. No senior rates, they will be canceled in Dec. from the Y. do you think this will help the citizens from Bremerton. We have fountains statues and cameras to watch the statues. Does this make sense? Why not get a grant or use the money from flowers or Lions field. Their must be someway to help save the only thing Bremerton has that everyone can use Seniors and young people who are learning to swim. Swim teams, schools. I just hope you can see what the people are losing. We can all come together and help save the pool why not give a year or two just to see what happens. Let the Olympic swim club have a chance. The mayor is supposed to be for the people not against them. She is suppose to do what the citizens want not be a dictator. And say close the pool. Why doesn't she 8/26/2010 To the Council: Page 2 of 2 try to help? We the people of Bremerton have paid taxes we will still pay taxes and pierce will take over. Doesn't sound good to me as a tax payer. Any member of the YMCA should not be able to make a decision on this matter. I believe this to be a conflict of interest. Margaret Dues Williams Jay Williams 313 Lebo Bremerton WA 8/26/2010 Page 1 of 1 Christine Grenier From: Christine Grenier on behalf of City Council Sent: Tuesday, August 31, 2010 10:06 AM To: 'Thelma Gurske' Subject: Citizen Letter - Proposed Concession Agreement (Gurske-Taylor) Dear Mrs. Gurske-Taylor, I have provided your letter to the Council for their consideration at the September 1 Council Meeting and the Parks Department for a response to your question. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 From: Thelma Gurske [mailto:tagurske@comcast.net] Sent: Monday, August 30, 2010 9:25 PM To: City Council Subject: City Pool Many of my friends who use the Jarstad Aquatic Pool are really upset that it is being turned over to the Pierce County YMCA to run, and that fees are going up. I swam 3,000 miles in Bremerton's city pool, and my late husband held the record with 7,350 miles when he passed away. We did not choose to join the Y because we only wanted to swim. There was an attempt years ago to let the Y manage it. We protested and thwarted the plan. When the pool was built, it was in writing that the city's Gold Mountain Golf Course would help support the pool. What happened to that plan? City resident since 1927, Thelma (Fuller) Gurske-Taylor 237 Apple St Bremerton 98310 8/31/2010 Page 1 of 2 Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, August 25, 2010 2:50 PM To: 'klmckaybevers@gmail.com' Subject: FW: Citizen Concern - Concession Agreement for YMCA (Karen McKay Bevers) Ms. Bevers, Thank you for your letter, which I have provided to the Council Members for their review and consideration during the August 25 Study Session when the proposed Concession Agreement for management of the pool by the YMCA will be presented. Your comment in favor of legalizing the ownership of chickens in the City of Bremerton was also noted. Lori Smith �� legislative Assistant Bremerton City Council (360)473-5280 From: Karen McKay Bevers [mailto:klmckaybevers@gmail.com] Sent: Wednesday, August 25, 2010 2:21 PM To: City Council; Patly Lent Subject: Pool August 25, 2010 Mayor Patty Lent Bremerton City Council Dear Mayor Lent & council members: I have serious concerns about the terms of the potential agreement between the city and YMCA for the Jarstad Aquatic Center. I've use the pool as both a non-member and member of the YMCA. The pool was something that made Manette even more appealing to us when we moved to Bremerton 7.5 years ago. The pool is a fun, healthy, affordable family activity for Bremerton residents. If I understand it correctly, under the agreement, Bremerton residents would be able to use the pool if they paid the daily use fee for the YMCA. ThaYs $11 per adult (vs. $3.50 now) or $15 per family which would make it cost prohibitive to many families. Furthermore, with the day use fee we'd be paying for YMCA facilities that we can't enjoy as a family because our 1.5-year-old daughter is too young to be at the Y. We could of course pay more money to put her in the YMCA daycare (a great service for a reasonable price) while we used the rest of the Y facilities. But as working parents we want family time together. The last thing I want to do is to put my daughter in daycare on our days off when she's atready in daycare most of the week! Finding an hour or two to go swimming with a child or as a family is one thing. However, finding an entire afternoon to spend at the Y to get one's money's worth of the day use fee is much less realistic given most families' hectic schedules. The "free days" the YMCA plans to offer Bremerton residents aren't likety to be much of a 8/25/2010 Page 2 of 2 benefit to most people because I anticipate the pool will be very crowded those days. I'm not comfortable taking my young daughter to an overly-crowded pool (if, in fact, we can even get in). And what about swimming lessons for non-YMCA members? Wili non-members be able to sign up for swim classes or will a YMCA membership be required? I think swimming lessons should be accessible for all. I don't know what kind of revenue the YMCA is projecting for non-member use of the pool, but I am fairly certain ther�e won't be a lot of people using it at $11/visit. Many families can't afford a monthly family membership to the YMCA so I don't think the high non-member pool fees will necessarily translate into increased membership for the YMCA. I understand that the city is losing money operating the pool, but I hope the city can find a way to negatiate an agreement that would be more beneficial to the residents of Bremerton whose taxes helped build and support the pool. We are the biggest city on the Kitsap Peninsula and it'd be a shame if residents didn't have access to a community pool for a reasonable price. Thank you for your efforts on behalf of Bremerton and its residents! I do appreciate all you do. Sincerely, Karen McKay Bevers Manette 360-782-1608 home 206-718-3661 mobile PS - Legalize chickens in Bremerton! 8/25/2010 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Tuesday, August 24, 2010 10:46 AM To: 'pamkiesel@juno.com' Subject: FW: Citizen Concern - Against YMCA Lease of Jarstad Pool (Pam Kiesel) Attachments: Agenda.pdf Ms. Kiesel, . Thank you for your letter, which I have provided to the Council Members for their review and consideration during the August 25 Study Session when the,proposed Concession Agreement for management of the pool by the YMCA will be presented. I will also let the Council Members know that the comments you refer to can be found at: http://www.kitsa psun.com/news/2010/au�/22/ymca-city-of-bremerton-mav-be-near-deal-on- pool/#comments. Lori Smith f ozi. S.wv� Legislative Assistant Bremerton City Council (360)473-5280 -----Original Message----- From: Pam Kiesel [mailto:pamkiesel@juno.com] Sent: Monday, August 23, 2010 6:39 PM To: City Council Subject: Jarstad Pool Council Members: I urge you to read the comments (on-line) from the article appearing on this subject in the Kitsap Sun today, August 23rd, - especially those of "Arvilla" seem particularly cogent..... This move will put using the pool out of the reach of those who need it most and benefit from it the most - the part of the public less economically advantaged. It allows the Y- never noted for their reasonable fees - to set the entrance fees for their "day pass". Seniors, those with disabilities, children from low income families, swim clubs from the less than "rich" areas etc etc etc will be cut off....this is the WRONG use of a PUBLIC facility. Thank you, Pam Kiesel Bremerton, WA 98312 8/24/2010 Comments » 6 H�ae August 22 20�o myer writes: 11:02 p.m. This is disgusting, what a waste... poor budgets, poor planning and the Suggest removal community looses! I imagine the rates of drownings wiil go up considerably if this happens. Reply to this post August 23, 2010 JUSt_Il1@ writes 2:01 a.m. close it! how audicious that the City wants to retain ownership when the bilis will Suggest removal be paid by pierece and kitsap counties. the county taxpayers are still waiting for Bremerton to pony up the two million it is obligated to help pay for the condo Repfy to this post �asco debt, incurred in large part via their carpetbagger mayor August 23 20�o Arvilla writes: � 12:29 p.m. I compliment the OAC and JAMA in their attempt to retain for public use the Suggest removal Glenn Jarstad Aquatic Center from a takeover by a private health club-the YMCA. Here is what Neil Nicoll CEO YMCA USA said directly to me '1�vhat we Reply to this post Want from public funds is free land, public funds to pay for'/z of the construction of facilities, contribution to the annual cost of operation and the Y sets the daily fees" That's IT! You need to ask yourself why public funds are being used to support a"private health club"? The incredible PR machine of the YMCA has fogged the thinking of �hose responsible for the use of the public money. This move to take the Jarstad Pool has been a long desire of the YMCA just think you will need to join the Y to get into the facility that was built with public funds! Remember the grant agreements for the construction and future renovations have ties and links to federal funds. The pool was built with federal school enhancement funds. The Bremerton School District was the umbrella that allowed the actual construction by the City. The district has use agreements that bind the site for its initial purpose. Subsequently Community Development Funds under HUD were used for renovation and the funds are based on the public value to the low income population within the City. NOT the YMCA "private , health club" that veils its real operation and intent around a philanthropic "feel- good" fantasy message. If this proposal is in response to a budget crisis, then I would suggest that the citizens need to take a deep look at the operation costs of the Downtown Fountain Park- my guess is that it costs more to operate this fountain then operate the public pool for the community. If this deal can be maneuvered and manipulated and the YMCA succeeds by having the elected "drink the kool-aid" then I would suggest the agreement mirror the Boise, Idaho agreement with the YMCA. At the very least, I would recommend that the public have unfettered access and that the entry fees be set by the City Council. August 23 20�o kenold writes: 12:32 p.m. It is interesting that $200,000 per year seems to me to be about the minimum of Suggest removal What it will cost to maintain the new tunnel. Reply to this post Bremerton is about to become a less desireable place to raise kids. August 23 20�o GregMeakin writes: 1:23 p.m. Kudos to all who are trying to work something out here. These public/private Suggest removal scenarios are often complicated, and seldom please everyone. These are tough financial times in which we live, yet times we nonetheless should keep the end- Reply to this post user at the forefront of the discussion. Which ever direction things go here, let us not forget the group that is often forgotten during these things -- the community. In this case, residents who simply would like affordable access to a local swimming pool. August 23, 2010 Madmaxt writes 3:24 p.m. It is disappointing to see a public pool like this become privately operated. Now Suggest removal this "publicly owned" pool will be privately ran by the YMCA. With the city not being in the "pool" busit�ess anymore, it seems that the City shouldn't need an Reply to this post Aquatics & Recreation Manager, and yet they still have it in their budget. l 8/24/2010 Page 1 of 1 Lori Smith From: City Council Sent: Friday, August 27, 2010 3:25 PM To: City Council Subject: FW: YMCA Bremerton High School arrangement reached! Attn: City Council cc: Mayor Lent, Roger Lubovich Lori Smith f.ou � Legislative Assistant Bremerton City Council (360)473-5280 From: Wyn Birkenthal Sent: Friday, August 27, 2010 3:22 PM To: City Council Subject: FW: YMCA Bremerton High School arrangement reached! RE: Status of Bremeton High competitive swim\diving programs should Council approve Concession Agreement with YMCA for Jarstad Pool operation "George" referred to in E-mail below is Bremerrton High School Athletic Director, George Duarte From: Ronn McMahon [mailto:rmcmahon@ymcapkc.org] Sent: Friday, August 27, 2010 1:58 PM To: Wyn Birkenthal Cc: Charlie Davis; ]ane Erlandsen; Michelle LaRue Subject: YMCA Bremerton High School arrangement reached! Wyn, Thanks for facilitating the initial meeting with George from Bremerton School District and Ed from OAC. Just for your information we have already reached an agreement for Bremerton High School Swim team, pending approval from the council. They will have pool time from 2:15 to 4:00 and extended hours for meets. The YMCA has agreed to charge the "city rate" for the 2010-11 seasons. I have been very encouraged by George's cooperation and flexibility and anticipate a long partnership that ultimately benefits current and future swimmers . Please forward this to whoever has a concern. Ronn McMahon Vice President Marketing/Financial Development YMCA OF PIERCE AND KITSAP COUNTIES P 253-534-7805 C 253-970-0879 ymcapkc.org � facebook.com/ymcapkc � twitter.com/ymcapkc The Y is for youth development, healthy living, and social responsibility 8/27/2010 Page 1 of 1 Christine Grenier From: Christine Grenier on behalf of City Council Sent: Wednesday, September 01, 2010 1:00 PM ' To: City Council Subject: Concession Agreement This information is being provided to all Council Members since it relates to Item 6A on tonight's agenda... Christine From: Wyn Birkenthal Sent: Wednesday, September 01, 2010 12:37 PM To: City Council Cc: Christine Grenier; Roger Lubovich Subject: Christine, Please forward the follwing information to Greg Wheeler and Council regarding questions on the Y Concession Agreement. LEASEHOLD TAX- The YMCA's attorney con�rmed the Y is not responsible paying Leasehold Excise Tax owing to the organization's non-profit status. CONCESSION FEE AMOUNT BASED ON LAND VALUE- The appraiser has not yet confirmed a value of the underlying property City leases to the YMCA WORKING WITH EXISTING USER GROUPS- The YMCA has agreed to amend the language concerning working with user groups to the following. " The YMCA will accomodate each existing community group that wishes to continue use of the Jarstad Aquatic Center. The days and hours of use may varydepending on availability of of pool space within the Y activity schedule. Pricing for for use of Pool space shall be comparable to fees\rents charged for use of similar quality aquatic facility space within the South Puget Sound area." CAN THE DAY USE FEE BE REDUCED ?- The YMCA has not elected to lower the day use fee at this time. There are differences in value between the current City pool entry fee ($3.50 for an adult) and the Y's $11 day use fee. The City fee covers 1 hour of pool only use. The YMCA day use fee provides access to all facilities within their building complex from time of payment until close of bus- iness for the day. 9/1/2010 Page 1 of 1 Christine Grenier � From: DAN NOHEL [dan_nohel@q.com] LC � '(�o i.�.v��; � Me,.,�I�S Sent: Friday, August 20, 2010 12:04 PM c; Fj tf o,�.�� _/ To: City Council G�'� Cle.r/� Cc: Wyn Birkenthal Subject: Attention: Roy Runion H i Roy, As I mentioned prior to the "special" committee meeting, I am interested in seeing a clear nondiscrimination clause in the agreement with the YMCA Corporation. "Sexual orientation" needs to be included as a protected class (perhaps it should also include the term "gender identity"). The national corporation, YMCA of the USA, doesn't clearly define some policy matters for it's many individual branches. As a result the Y policies often vary considerably from branch to branch. The city therefore must include clear contract language when it comes to nondiscrimination. An example of a potential challenge is as follows (excerpted from an internet article): Definitively taking a stance on either side of the gay rights issue could result in a public relations nightmare for a YMCA. Fortunately, a minor adjustment in the language of the membership policies can protect the Y from discrimination lawsuits and bad PR. Same-Sex Semantics After researching the language used to define family memberships in YMCAs across the Midwest, we found that the policies vary dramatically between branches. Some branches use language like: Family Membership — A husband and wife that are legally married and living together with any of the fol%wing in the same household includes 1) dependents of husband/wife up to 18 or 22 if full-time col%ge student, and 2) persons daimed as dependents on income tax returns of the husband and/or wife. A large group of Ys have chosen to offer a°household" membership in lieu of a"family" membership. The broader language typically looks something like this: Household Membership — Two adults with or without dependents at the same address Includes children up to i8 years old, and children in col%ge full-time up to 23 years old. While the broader language of a"Household Membership" might open up the possibility of two non- intimate adults purchasing a joint membership (such as college roommates or siblings), Attorneys feel this language is effectively broad and removes the possibility for future discrimination insurance claims. Also, are you aware that Catholic charities in Washington DC receiving public support recently closed their doors? They found the nondiscrimination policy which came with public money to be unworkable for them. If I understand the proposed agreement correctly, the public land lease with the local YMCA Corporation will be waived as a means to subsidize the pool operation. This constitutes financial support of the Y using public money. Because of the Catholic charity issue mentioned above I believe this screams for clarification of this issue prior to contract signing. A clearly worded nondiscrimination policy must be included in the language of the agreement. Dan 360.377.1689 8/20/2010 Page 1 of 1 Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, June 30, 2010 3:51 PM To: City Council Subject: FW: Citizen Letter - Thoughts on City Budget and Jarst�d Aquatic Center (Dan Nohel) Attachments: pool 2010-06-16.rtf FYI... � From: DAN NOHEL [mailto:dan_nohel@q.com] ` Sent: Wednesday, )une 30, 2010 2:59 PM To: City Council Subject: Thoughts on the ]arstad Aquatic Center Dear Bremerton City Council Members, The attached file is still a very rough draft. These ideas were shared with Mayor Lent on Monday. These are my ideas and only present one person's view. Please consider a fresh look at the pool operation and how it serves city residents. Many citizens have strong feelings concerning not wanting to join a private club to use a public facility. We wonder what has been considered besides the YMCA or closure. Also, why were the pool users not notified of these decisions sooner so we could participate in the process. Nothing was said to the public until we were well into the 11th hour. Thank you for your consideration, Dan Nohel 360.377.1689 Dan_Nohel@q.com P/ease remember the attached fi/e is a rough draft. A very rough draf[:.. � 6/30/2010 Here are my some of my ideas in regards to the city's current budget shortfall and iYs impact on the Jarstad Aquatic Center. Please keep in mind that this response is at best an opening argument aimed at keeping the pool under city management. It certainly does not cover all the posibilities. It does point out some of the controversy. As a former manager and current patron of the pool I have a vested interest in seeing the pool remain as a public recreation facility and out of private hands. I don't have all the answers to how this can be accomplished but hope that my suggestions will � help all parties to consider thinking "outside the box"... So here goes: CITY BUDGET: I believe the budget decision before the city is urgent. It appears the only options being concidered is to turn over the management and operation of the pool to the YMCA or close the facililty. I believe that view to be very constricted. There has been no input from the pool staff or patrons concerning this matter. None of the patrons I have approached were aware how close they are to losing this public facility. Because there has been no opportunity for public input this action is apt to be perceived as another move by the city to go behind the public's back and disempower us. It has been stated the only alternative to these actions is to loose additional workers in the Police and/or Fire departments and the loss of these positions has been determined to be untenable. DOLLARS & CENTS If I understand the facts correctly the total cost of operating the pool is around $400,000 with somewhere over $260,000 (65% of that amount) being recouped through user fees from the general public, learn to swim, the YMCA and other sources. This leaves the city with a real deficit created by the pool of somewhere less than $140.000. With public safety in mind as the bottom line, the pool may seem like the logical/easiest sacrafice. PUBLIC SAFETY: I would like to remind you of the public safety roll the pool plays in our community. The American Red Cross learn to swim program is first and formost a water safety program. The certificate issued to instructors by the American Red Cross is Water Safety Instructor (not swimming teacher). Kitsap County has more shoreline (fresh & salt water combined) than any other county in Washington State. 7,000 students participate in water safety classes at the pool each year. In the early 1980's Kitsap County went six years without a single death by drowning of a school aged child. This stastic is amazing considering the amount of activity oriented around water in the summer months. Ultimately, it shows what can be accomplished when water safety programs are available to the general public at an affordable cost. To farm out this service to a private club would be unconsinable... PATRON FEES: Between 60 & 70 thousand patrons use the pool every year. If the real deficit created by the pool is near $200,000.00 (and I think that estimate is high) means every patron is subsidised by approximately $2.50. Has anybody considered restructuring the fees? Is it possible to raise fees across the board? Would the city consider raising the age for seniors from 55 to 62 or65? How about using Medicare Cards as proof of fixed income due to age or infirmity like the National Park system? To what amount is the city willling to subsidise the pool? WhaYs the bottom line? The reality is that public pools require subsidies to survive. So, if the city is unable to shell out $200,000, what is it willing to pay for this activity? $50,000? $100,000? Perhaps nothing... Set a bottom line so the park staff and concerened citizens can at least respond. ' -------------------------------------------------- This sounds too much like a"done deal." An administrative decision that tramples on user/public interest and then wants more from the public (both taxes and support for "do nothing" projects)... The public has had enough of the gentrification projects downtown with nothing being done for streets or parks. The lack of good stewardship for existing public facilities is shamefull and the perception is that neighborhood streets and parks are not valuable to our current political leaders. STAFF COSTS: Reduce, rethink. consider program changes. Check out RCW's. Shift towards a private club , model with staffing? Consult the risk manager and city legal council. Poll other pools to see how they are coping with budget cuts. FIXED COSTS: Energy, maintenance, capital projects. Examine everything line-by-line. Look at alternatives. ------------------------------------------------------------ What if.. other local pools closing? -- what about public safety? No Options!?!... ... Olympic closing in 2012. NK unreliable.. Port Orchard (few public hours, very cold water)??? Throughout this process the staff has been kept in the dark... Has anyone ask the staff how they would restructure the program to save $$$ How about a public "Not for profiY' 5011 Status -- ithas even been suggested. Any and all options should be on the table. We want time to form a"work group" to see what solutions are practical. Ideally both park staff, patrons and other interested parties will participate in the process. We need the books opened (both income and expenses) to be able to go forward. THE BOTTOM LINE :' • We need time to prepare a public proposal. , DUE TO A BUDGET SHORTFALL THE CITY OF BREMERTON IS CONSIDERING TURNING THE PO4L MANAGEMENT AND OPERATION OVER TO THE YMCA. Soon you may need to become a member of the YMCA or pay a high day use fee in o�der to swim at the Jarstad Aquatic Center. The Pool is on public land and was constructed using public money. Do you want to join a private club to use a public facility? ACT NOW BEFORE IT'S TOO LATE. CONTACT YOUR MAYOR Mayor Patty Lent 345 6th Street, Suite 600 Bremerton, WA 98337 8:OOAM - 5:OOPM, AAonday - Thursday (360) 473-5266, FAX (360) 473-5883 mayor cLDci.bremerton.wa.us CONTACT YOUR CITY COUNCIL MEMBER City Council Office 345 6th Street, Suite 600, Bremerton, WA 98337 (360) 473-5280; FAX (360) 473-5080 City.Council cLDci.bremerton.wa.us Notice prepared by Dan Nohel 360.377.1689 � _ � , ` � ° _ Mayor's Off6c� AUG �+ 2010 To: Mayer Patty Lent and City Council Office C�tY of Bremerton We want our Jarstad Aquatic Center (City Pool) available to the public — we should not have to get a YMCA memberslup to use this pool. ' � Aquatic Center is on PUBLIC LAND and was constructed using PUBLIC money that we __ paid. Why wauld we have to pay "YMCA membership fee" on top of admission fee?? You cut budget in the WRONG place to just l�ave another reason to raise our taxes. , Chizu Salisbury Brernerton Resident Here are the people, who agrees with this statement. Name: c �^- �`�. Name: f Name: d�l.��1.��1C : + � + L� �✓�P�'l �f-� �,��g � , Nam : � �ivt� �in�TC�2S Name: s� � W �'?� Name: 1 Z� Name: � �� -'� �� Name: � O��l R i G�cJ 7K� l,�{{ N'd121e: \�'��--�,. A-�r�A_`- l r � �'� , 1 a-r L \` � Name: �d,�� • �� M i �C. � e � �- G + � � �. �'1 Name: L�2�T� �N r7� G?. w«cAA� S Name: � �1�9c� �o �<I 1� eS Name: � `��, � ��S S4 T�� P�-n'1 r Name:� �ma.v�� na h i� /�� /� �oo . �� f � Name: � �oRi �, tU i ++�� O� Name: � (1� 1'► ` ur0. 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