HomeMy WebLinkAbout09/15/2010 AGENDA - I
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CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280
***AMENDED***
SEPTEMBER 15, 2010
CITY COUNCIL MEETING AGENDA
1. BRfEFING: 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 Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting — September 1, 2010 ,
C. Minutes of Study Session — September 8, 2010 -
D. Appointment of Robert M. Dollar to the Parks & Recreation Commission '
E. Ordinance No. 5121 amending Chapter 10.12 of the Bremerton Municipal Code (BMC)
entitled "Bicycles and Skateboards" to remove bicycle registration from the Code
F. Acceptance of Edward Byrne Memorial Justice Assistance Grant (JAG)
6. GENERAL BUSINESS
A. Ordinance No. 5122 amending Chapter 10.10 entitled "Restricted Parking Zones" and
Chapter 10.11 entitled "Parking Enforcement" of the Bremerton Municipal Code (BMC)
B. . . . « „
« „
) This item has been postponed until November 3, 2010...
7. PUBLIC HEARING
A. Public Hearing regarding the Concession Agreement with the Pierce-Kitsap YMCA (1 of
2 Public Hearings... No action until 2" Public Hearing on September 22)
8. COUNCIL M€,MBE�, REPORTS
9. ADJOURNMENT,OF,CITY CQ�,I,L B�,USINESS MEETING
�
� Americans with Disabilities Act (ADA) accommodations provided upon request. Those �equiring specia/
accommodations should contact the City C/e►1c's Office 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
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBNIlTTED: 9/15/2010
AGENDA BII.L
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: Committee Meeting Date: �
COi1NCIL MEETING Date: September 15, 2010
Claims & Check Register Department: Financial Services
Presenter: Cathy Johnson
. Phone: 473-5296
SUMIVIARY: .
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACffiVI�N'I'S: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
- MAYOR:
,
CONIlVIITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA �
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMII�NDED MOTION:
1) Check #'s 339468 through 339670 and EFT's 10177 through 10210 in the amount of
$2,034,978.38.
2) Regular Payroll for the pay period ending August 31, 2010 in the amount of $760,851.83.
COUNCIL ACTION: � Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
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SePt� I D�rartm�nt: _(_ity ('uuncil
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C'uu ncil President
i'honc: (361)) �73-5280
Sll�LtiIARY: nttachc�i is the summary of the City Counril Nt�etin� hcl�i �je�{�, � � ao' O
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:�TTACHMENTS: Meeting Minutes for SePfG��� 1 a.o� o
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FISC��L IMPACTS (Include Budgeted Amount): N/A
,4PPROVALS:
DEPARTMENT DIRECTOR: Council President
C'[TY ATTORNEY: N/A
FINANCE DIRECTOR: N/A
NIAYOR: N/A
C'Oti1MITTEE CHn1R N/A
('OUN('lL PRESlDENT: C'OVSENT AGENDA (�
GENERAL BUSWESS ❑
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DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, September 1, 2010
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
September 1, 2010, at 5:00 PM in Council Conference Room 603 of the 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 City Attorney Roger Lubovich;
City Clerk Carol Etgen; and Council Assistant Christine Grenier.
A Coutvc�� BR�EF�NG 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 Ric Glomstad of Sylvan Way Baptist Church.
MAYOR'S REPORT Mayor Patty Lent... �
• Was a speaker today at a Veterans of Foreign Wars (VFW) No. 239 event;
• Presented a Mayor's Recognition Award to U.S. Navy Shipmen Eric Maroon and Clinton Winslow
for their excellent work and helping the community; Fire Chief AI Duke commended them for their
assistance in putting out a residential cooking fire and for helping residents by keeping damage to a
minimum;
• Attended the dedication and grand re-opening of Bachman Park last week; presented a Mayor's ,
Recognition Award to the East Side Rotary for their work and contribution to the project; and added
that the park is now wheelchair accessible;
• Announced that the first project for the 'Beautify Bremerton' campaign will be done by volunteers
from Benedict House on September 9 between 6 and 11` Street in the vicinity of Our Lady Star of
the Sea Church;
• Encouraged people to attend the Blackberry Festival from Saturday, September 4 to Monday,
September 6;
• Invited the public to attend the Women's Suffrage Celebration at Silverdale Beach Hotel on
Saturday, September 10;
• Announced that the Steel Beams for the 9-11 Memorial will be available for viewing on Saturday,
September 11 at Evergreen Rotary Park from 11:00 AM to 2:30 PM and a barbeque will begin at
Noon; and
• Cautioned drivers that school is now back in session and asked people to be careful for the children.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Douq Mclntvre, Community Development Block Grant Program, announced that the 30-day comment
period for the CDBG Consolidated Plan has began; and that opportunities for public comments will be
considered at a KRCC Public Hearing on November 2 and City Council Public Hearing on November 3.
Jack Stanfill reiterated his concerns from the August 18 Council Meeting about potential watershed
contamination from the Ueland Tree Farm. Will Maupin mentioned that the project is not located in the
City, does not drain into the watershed, and encouraged him to speak to JoAnn Vidinhar, Interim DCD
Director for more information.
Katrina Fulkerson, Kitsap YMCA, announced that the YMCA will have an Open House on September 4
from 10:00 AM to 2:00 PM; and that their hours on Labor Day will be from 7:00 AM to 3:00 PM. Other
events during September include Splash and Jam as well as Teen Night. �
City Council Reg. Mtg. Minutes
Wednesday, September 1, 2010
Page2of5
Patricia Zwick updated the Council on the urban chicken initiative which has received over 500
signatures; and announced that the group will be at Bremerton High School football games and at
Blackberry Festival obtaining mo�e signatures.
� Joseah Paul expressed frustration over the chronic escalating criminal element and behavior at and
around the Fuzzy Navel Tavern and his own neighborhood located at Naval Avenue & 5' Street.
CONSENT AGENDA
A. Correction to August 18, 2010 Check Register: Check Numbers 339057 through 339313 in the
amount of $1,415,195.41; Check Numbers 339314 through 339467; and EFT-10134 through EFT-
10176 in the amount of $2,284,168.38; Retiree Payroll in the amount of $79,078.99 for the pay
period ending August 31, 2010; and Regular Payroll (pay-outs) in the amount of $102,922.47 for the
pay period ending June 30, 2010.
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 JANSEN INC. for Construction of Wheaton Way/Schley Canyon Slope Repair
F. Ordinance No. 5120 amending Chapter 3.68 of the Bremerton Municipal Code (BMC) entitled
"Equipment Rental Reserve Fund"
There were no questions or comments from the public...
05:54:48 M/S/C/U (Arends/Brockus) Move to approve the CoNSENT A�EN�A as presented and
amended.
President Wofford was pleased that the contract award to JANSEN, INC. is far less than the engineer's
estimate so the City will realize savings from this decision; and that Wheaton Way will finally be repaired.
GENERAL BUSINESS
6A — CONCESSION AGREEMENT WITH PIERCE COUNTY-KITSAP YMCA FOR MANAGEMENT
AND OPERATION OF THE GLENN JARSTAD AQUATIC CENTER: Wvn Birkenthal, Parks and
Recreation Director, explained that the attached agreement facilitates YMCA management and
operation of the Glenn Jarstad 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.
Chris Warthen, Parks and Recreation Commission, explained that the board looked at all of the options
to keep the pool open and this seemed the best course for the City to take.
Bob Ecklund, President of Kitsap-Pierce County YMCA, emphasized that this is part of the YMCA's 20-
year plan; stated that construction in Silverdale will include two more pools to meet community demand;
added that education and access will ensure that kids will be healthy and less likely to drown; pointed out
that there are many partnerships possible through the YMCA and that the City will save about $200,000
each year by this arrangement; and any additional revenue will go back into the community.
Ron McMahon, Kitsap-Pierce County YMCA, stated that the overall goal is to promote water safety and
to keep the pool open to the community; addressed concerns raised about access by non-members
which included school assistance program for students or free vouchers for occasional users; discussed
City Council Reg. Mtg. Minutes
Wednesday, September 1, 2010
Page 3 of 5
the transition from City management to YMCA management; and stated that there have been meetings
with current user groups like Bremerton High School to work out schedules.
Rav Knaapio was concerned about the possible loss in public access to the YMCA; had a personal
need for the pool for long term physical therapy; and did not agree with payment options offered to
members.
Susan Jarstad Leavell recalled when the pool was named after Glenn Jarstad and the family activities
that have been held at the pool over the years; believed that there is a need for swim safety and
swimming for health; and emphasized the importance of keeping the pool open and supporting student
athletes and future Olympians.
Marqaret Dues did not want to lose a community pool; did not believe this issue was handled well; and
that the cost being suggested for daily use is too high, especially for seniors.
Jav Wavans read a letter on behalf of Beckv Lorber who hoped that other groups would be given an
opportunity to address the many concerns about public access this agreement raises.
Yvonne Collins mentioned that she and her husband are long time swimmers but the senior rate at the
YMCA is twice the cost of swimming at the pool.
President Wofford then closed public comment...
06:29:15 Motion was made by Runyon and seconded by McDonald. Discussion by Council Members
then began...
Rov Runvon requested financial history on the pool and clarification on the costs of operating the pool
and potential savings by approving this agreement. Mr. Birkenthal explained that due to the economic
downturn, staffing since 2008 has been reduced from 28.0 to 19.5 FTE's, including cuts to
administration, golf course and pooi staff. Also, capital improvement projects are being done only by
matches to grants and assistance from community groups like the Lions Club. The City currently incurs
� $418,000 in expenses and receives revenues close to $200,000, so the pool is subsidized by taxpayers
at $218,000 per year. The City realizes approximately $196,000 in savings if the Council approves this
'� agreement.
Mr. Runvon asked if the Resource Conservation Manager (RCM) could identify other ways to save
money through this partnership, and if the City would be reimbursed. Mr. Birkenthal responded that
option has not been discussed yet. Mr. Runvon then asked about JAMA's proposal. Mr. Birkenthal
stated that JAMA had offered to manage the pool, and provided a pro-forma a few weeks ago. However,
leaving prices at current levels could not generate the revenue needed to cover pool expenses.
Adam Brockus was satisfied that his concerns regarding access to the pool by the Bremerton High
School swim team have been addressed. Mr. Birkenthal added that the YMCA will continue to work
with current users to keep access and use uninterrupted during the transition.
i Greq Wheeler thanked Wyn and the Parks Commission for their long hours on this proposal; and
; commented that a public-private partnership ensures that the pool stays open and that the City keeps its
! revenues higher than its expenses; but was concerned that price changes may seriously impact seniors.
� Mr. McMahon explained that the current senior rate for YMCA members is $38 per month which
; includes access to the YMCA facility and the pool, and that there is hardship assistance available; and
+ added that the YMCA can make arrangements for users who do not make electronic payments. Mr.
Birkenthal stated that the current admission is $3 per use or punchca�d reduced rate for the pool.
Cecil McConnell asked if there will be an hourly rate for swimmers. Mr. McMahon stated that the
YMCA has a daily rate, but not an hourly rate. Mr. McConnell asked how many people use the pool
and for clarification on agreement terms. Mr. Birkenthal answered that the pool is used by 150 people
�
City Councii Reg. Mtg. Minutes
Wednesday, September 1, 2010
Page 4 of 5
on a regular basis about finrice per week or approximately 58,000 visits per year; and pointed out that the
YMCA needed a longer term to recoup costs since they will be absorbing some of the costs of
improvement.
Dianne Robinson asked why the City would have a person appointed to the YMCA Board. Mr.
Birkenthal answered that placing a Parks and Recreation Commission Member on the YMCA Board of
Directors would allow the City to monitor this partnership and agreement. Ms. Robinson then asked if a
timeline would be set for receiving financial reports. Mr. Birkenthal answered that is to be determined.
Ms. Robinson would like to see a reduced rate for seniors offered by the YMCA.
Jim McDonald believed that financial circumstances have forced the City to make tough choices;
appreciated the hard work done by parks staff; hoped that the City to find another funding mechanism to
support parks; and believed that concerns regarding access and pricing issues have been addressed;
and suggested that some groups and families may benefit from this arrangement. He asked if the City
is compensated for use of the pool by non-residents. Mr. Birkenthal stated that residents receive a
price break and non-residents pay a higher rate.
Carol Arends believed that the YMCA is a reputable organization that has done an excellent job in
providing programs to the community and this agreement would keep the pool open; and believed that
there are options for students and seniors to make the YMCA more affordable.
Will Maupin asked what the make-up of the board will be since the YMCA now includes Pierce County.
Mr. McMahon answered that each community, including Bremerton, has its own board to determine
rates and to discuss agreements like the one being discussed tonight. Mr. Maupin recognized that
many cities are trying to figure out how to keep pools open; and emphasized the importance of swim
lessons; was concerned that the taxpayers may not be getting value from the pool by agreeing to this
arrangement; but that delaying this decision may end up costing the City or could result in a pool closure
so he supported the agreement as a best course of action to take at this time.
Mr. Brockus asked for clarific�tion on agreement renewal terms and expressed concerns about the
term length of the contract. RoQer Lubovich summarized that language was changed to address
concerns by basing the renewal on adequate insurance coverage much like the Ice Arena Concession
Agreement. Mr. Brockus asked if the YMCA would be willing to go back to the original language. Mr.
Ecklund emphasized that the YMCA will honor the provisions of the agreement and would not accept
earlier language; encouraged Council to keep in mind that funds from other facilities are being moved to
operate this pool; emphasized that if this agreement does not pass, then the pool will be closed; added
that 1 in 7 people at the YMCA receive financial assistance, and that the YMCA is open to working with
people to ensure access.
07:23:32 Motion to Continue/S/F (Brockus/Robinson) Move to continue the item to a date certain
September 8, 2010 for a Special Meeting.
Voted in favor of Motion: McConnell, Brockus, Robinson
Voted against the Motion: Runyon, Wheeler, Arends, Maupin, McDonald, Wofford
Motion to Continue failed; 3-Yes; 6-No
07:24:52 M/S/C/U (Runyon/McDonald) 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.
Voted in favor of Motion: Runyon, Wheeler, Robinson, Arends, Maupin, McDonald, Wofford
Voted opposed to Motion: Brockus, McConnell
Motion carried: 7-Yes; 2-No
City Council Reg. Mtg. Minutes
Wednesday, September 1, 2010
Page 5 of 5
President Wofford recessed the meeting from 7:25 to 7:29 PM...
COUNCIL MEMBER REPORTS
Jim McDonaid attended the ribbon cutting ceremony with Greg Wheeler for Bachman Park and
commended the East Side Rotary for a g�eat job; congratulated Larry Matel, Engineer for being
recognized in a national engineering magazine; and mentioned that he recently moved his mother to
Canterbury Manor.
Adam Brockus added that the City being recognized in the 'Civil Engineering' magazine is a big deal;
encouraged people to view the Steel Beams and attend Manette Fest; and announced that the Manette
Bridge will be closed starting tomorrow.
Rov Runvon announced that the Blackberry Festival will be held Saturday, September 4 from 10:00 AM
to 7:00 PM; Sunday, September 5 from 10:00 AM to 6:00 PM; and Monday, September 6 from 10:00 AM
to 5:00 PM; and that events will include the Annual Fly-In at Bremerton Airport, Chalk Art Contest, and
Fun Runs; and there wil{ be 100 vendor booths and 9 bands. The events are sponsored by the Main
Stream Association and for more information, please visit www.blackberrvfestival.orq or contact (360)
377-3041.
Greq Wheeler would be serving blackberry pie with his wife Sunny at the Blackberry Festival on
Saturday; mentioned that when hosting Anumi, a Japanese exchange student, one of the special
moments was when she received a ceremonial blanket during a Chief Sealth Celebration; and lastly,
mentioned his attendance at the Bachman Park opening and the graduation ceremony for AmeriCorps.
Carol Arends looked forward to the Blackberry Festival this weekend... and especially the pie!
Will Maupin mentioned that he moved his mother-in-law Elsa Domstad into Belmont Terrace this week.
Nick Wofford encouraged the public to attend the first Friday Artwalk activities; and again urged citizens
to volunteer for local organizations and/or to help in cleaning up the city.
With no further business, President WofFord adjourned the Council Meeting at 7:36 PM.
Prepared and Submitted by:
� . ,�� : '
� CHRISTINE GRENIER
Council Assistant
� Attest: �
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� CAROL ETGEN, City Clerk
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� NICK WOFFORD, City Council President
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S e p t� be� g� ao� p Prescntcr: Nick Wufford,
Cuuncil President
I'h��ne: 13b0) 473-5280
SUititMARY: ��ttached is the summary of the City Council Meetin held
� ScPfieMb� $, a-o�o
��TTACHMENTS: Meeting Minutes for S g I a o � o
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEPARTMENT DIRECTOR: Council President
C[TY ATTORNEY: N/A
FINANCE DIRECTOR: N/A
MAYOR: N/A
COMMITTEE CHAIR N/A
('(:)UNC[L PRESIDENT: C'ONSENT AGENDA �
GENERAL BUSINESS ❑
� PUBL[C HEf'1RING ❑
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DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
September 8, 2010
A Study Session of the City Council of the City of Bremerton was called to order in the City
Council Conference Room 603 , Of the NORM DICKS GOVERNMENT CENTER 345 6'" Street,
Bremerton, Washington, Wednesday, September 8, 2010, at 5:00 PM, 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.
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 ordinance amending Chapter 10.12 of the Bremerton Municipal Code (BMC)
entitled "Bicycles and Skateboards" to remove bicycle registration from the Code — Carol
Etgen, City Clerk; and Roy Runyon, Public Safety and Parks Committee Chair Consent
Agenda on September 15
2. Acceptance of Edward Byrne Memorial Justice Assistance Grant (JAG) Award — Police
Captain James Burchett; and Roy Runyon, Public Safety and Parks Committee Chair
Consent Agenda on September 15
B. FULL DISCUSSION ITEMS
1.
,
' Item Pulled � '
2. Proposed ordinance amending Chapters 10.10 entitled "Restricted Parking Zones" and
Chapter 10.11 entitled "Parking Enforcement" of the Bremerton Municipal Code (BMC) —
Nick Wofford, Council President General Business on September 15
3. Proposed ordinance amending Section 5.02.040 entitled "Definitions" and Section
5.02.070 entitled "Separate General Business License Required" of the Bremerton
Municipal Code (BMC) — Nick Wofford, Council President; and Adam Brockus, Finance
Committee Chair Genera/ Business on September 15
4. Briefing on upcoming Public Hearings regarding the Concession Agreement with Pierce-
Kitsap YMCA — Roger Lubovich, City Attorney Public Hearings on September 15 (No
Action) and September 22 (Action)
C. GENERAL COUNCIL BUSINESS
Council Committee Chairs provided briefings on their Committees, and general information
was shared.
With no further business, President Woffor '
d ad�ourned the Study Session at 7:10 PM.
Prepared and Submitted by:
l �
LORI SMITH
Legislative Assistant
City Council Study Session Minutes � '
Wednesday, September 8, 2010 ,
Page 2 of 2
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
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DATE SUBMI'ITED: Sept. 8, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
. .......................................................................................
SUBJECT: Appointment to the Parks � Committee Meeting Date: �
Recreation Commission COUNCIL MEETING Date: 5� p,,r � S' Zp � a
Department: Executive
t
Presenter: Mayor Lent
Phone: 360 473 5266
SZJIVIIIRARY: There is a vacancy on the Parks and Recreation Commission It is recommended the
vacancy be filled by Robert M. Dollar.
ATTAC�IlVIENTS: Application for reappointment available in the Ma.yor's office.
FISCAL IIVIPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR: .�
CONIlVIITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA �
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to confirm the appointment of Robert M. Dollaz to the Parks and Recreation Commission.
COiTNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
DATE SUBMITTED: August 23, 2010
AGENDA BII.L �
CITY OF BREMERTON
CITY COUNCIL
...........................................................................................�
SUBJECT: Ordinance No. ��, Committee Meeting Date: September 8, 2010 �
amending Chapter 10.12 of the Bremerton COtJNCIL MEETING Date: September l 5, 2010
Municipal Code entitled "Bicycles and Department: Financial Services
Skateboards." Presenter: Carol Etgen
Phone: 360.473.5323
SUMMARY: Chapter 10.12 currently allows for bicycles to be registered with the City Treasurer.
The City no longer has a process for registering or licensing bicycles; this amendment removes the
registration of bicycles from the Code.
ATTACHMENTS: Draft Ordinance � p. 5 ��.�
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR: '
CITY ATTORNEY:
FINANCE DIltECTOR: �
MAYOR:
CONIlVI[TTEE CHAIR
� � COUNCIL PRESIDENT: CONSENT AGENDA (�
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION(ote�]: Move to pass Ordinance No. 5��� amendin� Chapter
10.12 of the Bremerton Municipal Code entitled "Bicycles and Skateboards" to remove bicycle
registration.
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 10.12 of the
Bremerton Municipal Code entitled "Bicycles and
Skateboards."
WHEREAS, the City Council desires to update Chapter 10.12 BMC by
removing provisions relating to registration of bicycles; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.12 of the Bremerton Municipal Code entitled
"Bicycles and Skateboards" is hereby amended to read as follows
Chapter 10.12
SKATEBOARDS
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10.12.A�A010 SKATEBOARDS - RESTRICTIONS.
It shall be a civil infraction for any person to use a skateboard in violation of the
provisions of this section.
(a) No person shall ride a skateboard on the public streets, sidewalks, alleys,
walkways, docks, buildings or parks, including but not limited to the Louis Mentor Board
Walk and any extensions or additions thereto, the Kitsap Conference Center Plaza and
' staircases, and the Harborside Fountain Park, within the central business district defined
, as the azea bound by 6th Street, Warren Avenue and Sinclair Inlet or the business district
within one block of Callow Avenue between l lth Street and lst Street or on arterial
� streets.
i (b) Whenever any person is riding a skateboard upon a sidewalk of the City
�� which is not in an area prohibited by subsection (a) of this section, such person shall at all
times exercise due care to avoid colliding with any pedestrian and shall operate the same
� in a cazeful and prudent manner at a rate of speed no greater than is reasonable and
� proper under the conditions existing at the point of operation, taking into account the
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width and condition of the surface. When riding a skateboard would endanger or
unreasonably inconvenience pedestrians, such person shall stop and carry the skateboard.
(c) Whenever any person is riding a skateboard upon a sidewalk of the City,
such person shall yield the right-of-way to all pedestrians and shall maintain foot control
with the pavement within ten (10) feet of any pedestrian.
(d) No person shall leave a skateboard upon a sidewalk in such a manner as to
obstruct pedestrian tr�c or vehicular traffic emerging from alleys or driveways.
10.12.948020 VIOLATION - PENALTY.
Any person violating any of the provisions of Section 10.12.83&O10 is guilty of a
civil infraction and subject to a base penalty of $50.00 pursuant to BMC Chapter 1.12.
SECTION 2. 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.
SECTION 3. Effective 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:U.egal\Legal\Ordinances�F'inance�BMC10.12 Bicycles and Skateboazds.doc
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2
DATE SUBNIITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCII,
...........................................................................................�
SUBJECT: Acceptance of 2010 Justice � Committee Mceting Date: September 8, 2010
Assistance Crrant Award. COIJNCIL MEETING Date: September 15, 2010
Departmetrt: Police
Presenter: Capt. Burchett
Phone: 473-5225
SU'MMARY: In June 2010, Council approved the Police Department's solicitation of a$51,155
Edward Byrne Memorial Assistance Gratrt (JAG) for the purpose of sustaining the Community Resource
Unit a� its crime preveation fundion with partfime sta�ing. The gc�nt was awazded on August 15, 2010.
wrthart this 8rant, the Ca�rununity Resaurce Specialist position will be eliminated through reduction-in force
(RIF). The grant will help us sustain our enhanced policing initiative on a part time basis in years 2010 and
ZO 11. The graat is fram the Departmeat of Justice. No matching funds are required of the City. The to�al
grant amount is $51,155.00. The grant d�ration is ihrou�h September 2011.
ATTACffiV�NTS: Grant award documents
FISCAL IIVI�'ACTS (Iuclude Budgeted Amowrt): None. The JAG funding is a revernie source for
$51,155.00. It will provide dollars for preserving staffing levels.
A►PPROVALS:
DEPART'MENT DIRECTOR:
CTTY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONIl�IITTEE CHAIIt
COUNCIL PRESIDENT: CONSENT AGENDA
GrENNERAL BUSINESS ❑
� PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to accept the 2010 Justice Assistance Grant Award.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Coatinue ❑ No Action
DATE SUBMITTED: Apri128 , 2010
AG�NDA BILL
CITY OF BREMERTON
CITY COUNCIL
eanancan��aaa000���oan�od�aa�onnnnooe0000aoa��a���oao�o�o��oeoaacn�o�oo�oa
Pu.b 11 C ,1��20..`Ci i/L�°
SUSJECT: Local Sohcrtation 2010 Justice Committee Meeting Date: Ma.y 26, 2010
Assistance Grant Application COUNCIL MEETING Date: June 2, 2010
Department: Police
Presenter: Chief Rogars
Phone: 473-5224
SUMMARY: The Bremerton Potice Department is agplying for the local solicitation Edward Byrne
Memorial Justice Assistance Grant (JAG) that will allow the City of Bremerton to sustain the Community �
Resource Unit and its crime prevention fiuiction with part-time staffing. Without this grant, the Community
Resour�e Specialist position will be eliminated through reduction-in-force (RIF). The grant will help us sustain
our enhanced policing initiative on a part-time basis in years 2010 and 2011. The grant is from the Department
of Justice. No matching funds are required of the City. The total grant amount is $S 1,155.OQ. The grant
duration is through Septembee 201 I.
ATTACHII�NTS: None
FISCAL IMPACTS (Include Budgeted Amount): None. The JAG funding is a revenue source for
$51,155.00. It will provide dollars for preserving staffmg levels.
APPROVALS: '
J�
DEPARTMENT DIRECTOR: �
CITY ATTORNEY: , _ -1
FINANCE DIRECTOR: �,
MAYOR:
C(3MNIIT'I�E CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA ❑
GENERAL BUSTNESS.CI
PUBLIC HEARING X
RECOMMENDED MQTION: Move to approve the 2010 Justice Assistance Grant Application.
�
�
� COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
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Department of Justice
� � . � �
��,,, Office of Justice Programs
Bureau of Justice Assistance
�ffice of Justice Programs Washington, D.C. 20531
�ugust 13, 2010
Che Honorable Patty Lent
�ity of Bremerton
;45 6th Street, Suite 600
3remerton, WA 98337-1812
�eaz Mayor Lent:
�n behalf of Attomey General Eric Holder, it is my pleasure to inform you that the Office of 7ustice Programs has approved
iour application for funding under the FY 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local
3olicitation in the amount of $51,155 for City of Bremerton.
?nclosed you will find the Grant Award and Special Conditions documents. This awazd is subject to all administrative and
inancial requirements, including the timely submission of all financial and progammatic reports, resolution of all interim
�udit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
�ill be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
�ction as appropriate.
f you have questions regarding this awazd, please contact:
- Program Questions, Je�ey S. Felten-Green, Program Managez at (202) 514-8874; and
- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.
�ongratulations, and we look forward to working with you.
3incerely,
u: �;�
ames H. Burch II
lcting Director
:nclosures
Department of Justice
r-
� � Office of Justice Programs
'~''""� Office for Civil Rights
Washington, D.0 20531
August 13, 2010
The Honorable Patty Lent
City of Bremerton �
345 6th Street, Suite 600
Bremerton, WA 98337-1812
Dear Mayor Lent: ,
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVVV), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discrixninating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefits. Federal law also prolubits funded programs or activities from discrixninating on the basis of age in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of 7ustice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to
LEP individuals, please see the website at http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations .
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making
award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice fswded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
website at http://www.ojp,usdoj.gov/ocr/etfbo.htm.
State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the 7ustice Department has concluded that the Religious
Ereedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
(lffirP
Enforcing Civil Rights Laws �
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant awazd, or the number of
employees in the workforce, aze subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
aze the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying wlth the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discriminarion (see 28
C.F.R. §§ 42.205(5) or 31.202(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting boih full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to
OCR The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
I ' organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.
[f we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
D690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
t
I .
Sincerely,
�n� a. ��
'� Michael L. Alston
� Director
I
cc: Grant Manaser
� vmce oi �usnce rrograms
Bureau of Justice Assistance PAGE i oF s
,,,,,.,��� , Grant
PIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER 2010-DJ-BX-0162
�f Bremerton
th Street, Suite 600 5. PROJECT PERIOD: FROM 10/Ol/2009 TO 09/30/2013
erton, WA 98337-1812 �
BUDGET PERIOD: FROM 10/Ol/2009 TO 09/30/2013
6. AWARD DATE 08/13/2010 7. ACTION
�NTEE IRS/VENDOR NO. 8. SUPPLEIVIINT NCTMBER Initial
)1231 00
9. PREVIOUS AWARD AMOUNT $ p
ECT TI1'LE 10. AMOUNT OF THIS AWARD $ 51,155
he Community Resource Unit Project
11. TOTAL AWARD $ 51,155
rL�L CONDITIONS
ABOVE GRANT PROJECT I5 APPROVED SUB7EGT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH
HE ATTACHED PAGE(S).
TUTORY AUTHORITY FOR GRANT
�roject is supported under FI'10 (BJA - JAG) 42 USC 3750, et seq.
'HOD OF PAYMENT
- AGENCY APPROVAL GRANTEE ACCEPTANCE
ED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL
H. Burch II Patty Lent
; Director Mayor
1ATURE OF APPROVING OFFICIAL • 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE
u • �,s
AGENCY USE ONLY
OUNTING CLASSIFICATION CODES 21. JDNGT1175
, FUND BUD. DN.
CODE ACT. OFC. REG. SUB. POMS AMOUNT
B DJ 80 00 00 51155
14000�2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.
I 4000/Z (REV. 488)
�
Office of 7ustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE z oF s
��
Grant
'sCT IV[JMBER 2010-DJ-BX-0162 AWARD DATE 08/13/2010
� SPECIAL CONDITIONS
1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) Financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or �
other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste,
abuse, or misconduct should be reported to the OIG by -
mail:
Office of the Inspector General
U.S. Departrnent ofJustice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any
contract or subaward to either the Association of Community Organizations for Reform Now (ACORI� or its
subsidiaries, without the express prior written approval of OJP. .
7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance
period if the agency determines that,the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.
Office of 7ustice Programs AWARD CONTINUATION
Bureau of Justice Assistance SHEET PAGE 3 oF s
�,�
Grant
?CT NUMBER 2010-DJ-BX-0162 AWARD DATE 08/13/2010
SPECIAL CONDITIONS
8. To support public safety and justice information sharing, OJP requires the grantee to use the National Information
Exchange Model (NIE1Vn specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriction all schemas generated as a result of this grant to the component registry as specified in the
guidelines. For more information on compliance with this special condition, visit
http://www.niem.gov/implementationguide.php.
9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
�sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent
possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
10. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-
based organizations may, in some circumstances, consider religion as a basis for employment. See
http://www.ojp.gov/about/ocr/equal_fbo.htm.
11. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
12. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable.
, Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R. Pazt 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
. . . .
13. The recipient agrees to ensure that the State Information Technology Pomt of Contact receives written nohficat�on
regarding any information technology project funded by this grant during the obligation and expenditure period. This is
to facilitate communication among local and state governmental entities regatding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to
http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046.
14. Grantee agees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and
procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board
approval, if appropriate, and subject informed consent.
15. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that
are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant
, approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
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Office of 7ustice Programs AWARD CONTINUATION
��� ,, Bureau of Justice Assistance SHEET PAGE a oF s
Grant
iCT NUMBER 2010.DJ-BX-0162 AWARD DATE O8/13/2010
SPECIAL CONDITIONS
16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related federal environmental impact analyses requirexnents in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the gant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the gantee agrees to contact BJA.
The grantee understands that this special condirion applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special
condition must first be met. The activities covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a.property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a properiy listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) tradidonally used, for example, in office, household, recreational, or
education environments; and • �
e. Implementation of a progam relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by B7A. The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed �at
http://www.ojp.usdoj.govBJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
17. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byme Memorial Justice Assistance Grant Program (JAG). The recipient also agees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the gant. Grant funds
(including any interest earned) not expended by the end of the grant period must be retumed to the Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal
� Financial Report (SF-425).
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18. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be
used to increase the amounts of such funds that would, in the absence of Federal fiznds, be made available for law
� enforcement activities.
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Office of 7ustice Programs AWARD CONTINUATION
� Bureau of Justice Assistance SHEET PAGE s oF s
�� .
Grant
:CT NiJMBER 2010-D7-BX-0162 AWARD DATE 08/13/2010
SPECIAL CONDITIONS
19. Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through
GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must
provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failute to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation.
20. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAl� must be submitted via the Grants Management System
(GMS) to document changes.
21. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded
with these fiznds who is a task force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete required online (internet-based) task force training. �The training is provided free of
charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task
force members are required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues
including privacy and civil liberties/rights, task force perfortnance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
Lrp7ii'LII1�IIL UI J U5L1Cr
Office of 7ustice Programs
��
Bureau of Justice Assistance
Washington, D.C. Z0531
�orandum To: Official Grant File
n: Orbin Terry, NEPA Coordinator
ject: Incorporates NEPA Compliance in Further Developmental Stages for City of
Bremerton .
Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
�ort a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
:h could have environmenta.l impacts. All recipients of JAG funding must assist BJA in complying with NEPA
�ther related federal environmental impact analy'ses requirements in the use of grant funds, whether the funds
�sed directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of
pecified activities, the grantee must first determine if any of the specified activities will be funded by the
t. "
specified activities requiring environmental analysis are:
:w construction;
ny renovation or remodeling of a property located in an environmentally or historically sensitive area,
iding properties located withi.n a 100-year flood plain, a wetland, or habitat for endangered species, or a
erty listed on or eligible for listing on the National Register of Historic Places;
renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic
• use or (b) significantly change its size;
nplementation of a new program involving the use of chemicals other than chemicals that aze (a) purchased as
.cidental component of a funded activity and (b) traditionally used, for example, in o�ce, household,
:ational, or education environments; and
iplementation of a program relating to clandestine methamphetamine laboratory operations, including the
;ification, seizure, or closure of clandestine methamphetamine laboratories.
plying with NEPA may require the preparation of an Environmental Assessment andlor an Environmental
�ct Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations,
�reparation of a deta.iled Mitigation Plan will be required. For more information about Mitigation Plan
irements, please see http://www.ojp.usdoj.govBJA/resource/nepa.html.
;e be sure to carefully review the grant conditions on your award document, as it may contain more specific
mation about environmental compliance.
I t 11\VJL't.l ►7tJl�llrit'fl\1
�� Bureau of Justice Assistance
i
��,,�,�, , � Grant
PRO7ECT NUMBER
2010-D7-BX-0162 PAGE 1 OF 1
This project is supported under FY10 (BJA - JAG) 42 USC 3750, et seq.
1. STAFF CONTACT (Name & telephone number) 2. PRO7ECT DIItECTOR (Name, address & telephone number)
7effrey S. Felten-Crreen Craig Rogers
(202) 514-8874 Chief
1025 Burwell Street
Bremerton, WA 98337-1812
(360) 473-5224
3a. TITLE OF TE� PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS
F1' 2010 Justice Assistance Grant Program
ON REVERSE) .
4. TITLE OF PRO7ECT
Sustain the Community Resource Unit Project
5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337-1812
7. PROGRAM PERIOD 8. BUDGET PERIOD
FROM: 10/0112009 TO: 09/30/2013 FROM: 10/Ol/2009 TO: 09/30/2013
9. AMOUNT OF AWARD 10. DATE OF AWARD �
$ 51,155 08/13/2010
11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
13. THIItD YEAR'S BUDGET PERIOD 14. THIItD YEAR'S BUDGET AMOLTNT
15. SUNIMARY DESCRIPTION OF PROJECT (See instruction on reverse)
The Edward Byme Memorial7ustice Assistance Grant Program (7AG) allows states and units of local govemment, including tribes, to support a broad range of
activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical
assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the
following purpose azeas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community
corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology imprmement programs; and 7) crime victim and
witness programs (other than compensadon).
The city of Bremerton will use the JAG award to pay the yearly salary of a part-time community resource specialist assigned to the Landlard Notification Unit. This
unit is responsible for notifying owners when criminal activities occur at one of their rental properties. The officer will patrol for all ranges of offenses from
OJP FORM 4000/2 (REV. M88)
breaking and entering to assaults.
NCA/NCF
DATE SUBMITTED: September 3, 2010 �
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................�
SUBJECT: Ordinance No. 5 l� Committee Meeting Date: September 8, 2010
amending BMC Chapters 10.10 and 10.11 COUNCIL MEETING Date September 15, 2010
related to resficted parking zones and Department: City Council
enforcement Presenter: Nick Wofford
Phone: 473-5280
SUMMARY: City Council desires to amend the provisions relating to parking in Bremerton's
Downtown Core in order to better meet the needs of Bremerton's citizens. The proposed ordinance
amends Chapter 10.10 of the Bremerton Municipal Code entitled "Restricted Parking Zones" and
Chapter 10.11 of the Bremerton Municipal Code entitled "Parking Enforcement."
ATTACHMENTS: Proposed Ordinance No. � (�a- .
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA ❑
GENERAL BUSINESS �
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to pass Ordinance No. 5 ��' a ' amending Chapter 10.10 of the Bremerton Municipal Code
entitled "Restricted Parking Zones" and Chapter 10.11 of the Bremerton Municipal Code entitled
"Parking Enforcement."
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
ORDINANCE NO. 5�
AN OR.DINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 10.10 of the
Bremerton Municipal Code entitled "Restricted Parking Zones"
and Chapter 10.11 of the Bremerton Municipal Code entitled
"Parking Enforcement."
WHEREAS, the City Council desires to amend the provisions relating to parking
in Bremerton's Downtown Core in order to better meet the needs of Bremerton's citizens; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 10.10.020 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended to read as follows:
10.10.020 DEFINITIONS.
For the purpose of this chapter, the words and phrases set forth in this section aze defined
as follows:
(a) "Block" means the area comprised of properties along each side of a street
between two (2) intersections. [See Appendix Figure 020.]
(b) "Commuter vehicle" means a motor vehicle parked in a residential azea by a
person not a resident thereof.
(c) "Department" means Department of Public Works and Utilities, or designee.
(d) "Director" means Director of Public Works and Utilities, or designee.
e "Downtown Core" means that azea in downtown Bremerton from and including
Park Avenue east to the waterfront and from and including 6` Street south to the waterfront and
the Pu�et Sound Naval Slupvard
(efJ "Downtown No Repark Zone" means �i�s�the Downtown Core where t�e
(-�-}---Aon-street parking is restricted to e�e�one (1) e�two (2), or three (3) hours as
op sted•;—ar�
- (€g� "Historically impacted areas" aze those areas within the City that have been
identified by the City Council as having traditionally suffered severe parking shortages due to
commuter parking.
(g�h "One (1) Hour Parking Zone" means a prescribed �e�area where on-street
parking is limited to one (1) hour, except for the residents of the prescribed vicinity, their visitors
holding a permit, and cleazly mazked delivery and service vehicles.
(#J "Parking generator" means anything that significantly increases commuter
parking demand. Examples include, but aze not limited to: ferry terminals, schools, hospitals,
business districts, and the Puget Sound Naval Shipyard.
� Parking Violations
(}� "Passenger Load Only Zone" means a parking space reserved for passenger
loading only. These spaces will be marked with the time restriction applicable to them.
(}� "Peak pazking hours" means those hours in a day where a particulaz vicinity
experiences the greatest demand for parking.
(�J "Resident," as used in this chapter, refers to an individual living in a dwelling unit '
or a business owner operating a business on property owned or leased by the business owner.
(�mJ "Resident vehicle" means a motor vehicle parked in a prescribed residential area
by a resident of the area.
(�rn� "Residential area" means a contiguous azea containing public streets and
highways or parts thereof primarily abutted by residential property or residential and non-
business property.
(�� "Permit Only Zone" means a prescribed area where on-street pazking is reserved
for the exclusive use of the permit holders in the prescribed vicinity, their visitors holding a
permit, and cleazly marked delivery and service vehicles.
(ep, "Restricted parking permit" means a permit issued by the City that exempts the
permit holder, when displayed properly, from the parking restrictions in effect in the permit
holder's restricted pazking permit area.
(� "Restricted parking permit area" or "residential parking permit azea" means an
area designated as provided in this chapter wherein resident vehicles displaying a valid permit as
described in this chapter shall be exempt from posted parking restrictions.
(�r "Restricted parking zone" means an azea of the City subject to one of the
restrictions contained in this chapter.
(sl "Three (3) Hour Parkin� Zone" means a prescribed azea within the Downtown
Core where on-street parkin� is limited to three (3) hours
(�t�J "Two (2) Hour Parking Zone" means a prescribed azea where on-street parking is
limited to two (2) hours, except for the residents of the prescribed vicinity, their visitors holding
a permit, and cleazly marked delivery and service vehicles.
(s� "Visitor vehicle" means a motor vehicle parked by a person who is visiting a
resident within a restricted parking permit area.
SECTION2. Section 10.10.030 of the Bremerton Municipal Code entitled
"Restricted Parking Zones" is hereby amended to read as follows:
10.10.030 RESTRICTED PARKING ZONES.
The'Director shall, in a manner consistent with this chapter, establish, locate and post
One (1) Hour Parkin� Zones Two (2) Hour Parking Zones Three (3) Hour Pazkin Zones and
�other restncted parking zones and parking restrictions within the City rights-of-way
where required to regulate parking.
SECTION 3. Section 10.11.0005 of the Bremerton Municipal Code entitled
"Definitions" is hereby amended to read as follows:
10.11.005 DEFINITIONS.
The definitions set forth in BMC 10 10 020 shall apply to this chapter In addition the
following defirutions aze applicable in this chapter unless the context otherwise requires: �
Parking Yiolations
(a) "Director" means Director of Public Works or other department director
authorized by the Mayor to enforce this chapter, or their designee.
(b) "Right-of-way" or "street" means any highway, avenue, lane, road, drive, place,
boulevazd, alley, right-of-way, way, ,sidewalk, planting or parking strip, shoulder and every way •
or place in the City of Bremerton open as a matter of right to public vehiculaz travel or parking
or other similar public use. ,
(c) "Recreational vehicle" means a travel trailer, motor home, truck camper, or
camping trailer that is primarily designed and used as temporary living quarters, is either self-
propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or
permanently affixed to a mobile home lot.
(d) "Vehicle" means truck, vehicle, van, tractor, bus, trailer (including boat trailer
with or without a boat situated thereon), recreational vehicle, tractor or semi-trailer, motorcycle,
dune buggy, off-road vehicle, or marine vehicle (trailered or nontrailered), whether licensed or
unlicensed, or motorized or nonmotorized, unless otherwise defined.
SECTION 4. Section 10.11.010 of the Bremerton Municipal Code entitled
"Parking Violations" is hereby amended to read as follows:
10.11.010 PARKING VIOLATIONS.
In addition to those statutes adopted by reference in BMC 10.04.010 restricting standing,
stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any
person to commit any of the following actions:
(a) Parking in Time Limit and No Repark Zones.
(1) Downtown Core. Where a time limit and no reparlcing is established by
official signs, no vehicle may be reparked on either side of the same named street ie. Pacific
Avenue or 5` Streetl in the Downtown Core during the same calendar dav after the expiration of
the posted time limit. ' �
est�iske� For purposes of this section, a vehicle shall be deemed to be repazked and in
violation of this section even if the vehicle is moved prior to the expiration of the posted time
limit and is reparked on either side of the same named street
SECTION S. 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.
SECTION 6. Ef�`'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
A
TiICK WOFFORD, Council President
Parking i�iolations
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 ,
EFFECTNE the day of _ , 2010
ORDINANCE NO.
R:\Legal\Legal\Ordinances\City Council�Parking Violations.doc
Parking Violations
DATE SUBMI'I'TED: June 1, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
............................................................. ........................�
SUBJECT: Ordinance No. .�,t'�.�� Committee Meeting D Seefc►,�Io�� 8�o�o
amending Section 5.02.040 of the BMC COUNCIL MEETING ate: Se �e m(x+� ��
entitled "Definitions" and Section 5.02.070 Dep ent: Ci Council
of the BMC entitled "Sepazate General esenter: Nick Wofford
Business License Required. Phone: 473-5280
SUMMARY: The current provisions of the Bremerton M' ipal Code do not require a separate
business license for each rental property location. The Cit esires to require a business license for
each rental property location.
�-�m
��<<�
ATTACHMENTS: Proposed Ordinance 0• �� �s �POS"�jbY1'�.0� �
t��3� o �
FISCAL IMPACTS (Include Budge d Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHA �,
COUNCIL PRESID NT: CONSENT AGENDA ❑
' GENERAL BUSINESS I�
PUBLIC HEARING (,]
RECOMMENDED MOTION: Move to approve Ordinance No. ��,5 amending Section
5.02.040 of the BMC entitled "Definitions" and Section 5.02.070 of the BMC entitled "Separate
General Business License Required.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
DATE SUBMITTED: September 8, 2010
AGENDA BILL
CITY OF BREMERTON
� CITY COUNCIL
............................................................................�
�TVV o
SUBJECT: Public Hearings regarding the Committee Meeting Date: September 8, 2010
Concession Agreement with Pierce-Kitsap COUNCIL MEETING Date:G)September 15, 2010 &
YMCA. (2)September 22, 2010
(special meeting)
Department: City Attorney's Office
Presenter: Roger A. Lubovich and
Wyn Birkenthal
Phone: 473-2345
SUMMARY: The proposed agreement replaces the current concession agreement between the City
and the YMCA for use of the 3.1 acre land parcel upon which the YMCA facility has been located
since 1984. The Agreement extends the YMCA's term of use for the property and incorporates the
management, maintenance and operation of the City's pool approved by Council during its September
1 st meeting. The property upon which the YMCA facility is situated is subject to the City's Park
Protection Ordinance Chapter 13.12 BMC. Although the agreement and its terms aze not drafted as a
lease but as a concession, staff is recommending that its approval be processed under this code with
two public heazings before final approval.
ATTACHMENTS: Concession Agreement
FISCAL IMPACTS (Include Budgeted Amount): No additional impact
APPROVALS:
DEPARTMENT DIRECTO • '
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT CONSENT AGENDA ❑
G� S�fi2YK�0� � 5 Z-O 1 O: o GENERAL BUSINESS ❑
� S � _, _ _ � �� 1 � ( PUBLIC HEARING
�pfie.iv� •
RECOMMENDED MOTION: Move to enter into the Concession Agreement with Pierce-Kitsap
YMCA 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
I
DRAFT
� 9-8-2010
CONCESSION AND MANAGEMENT
AGREEMENT BETWEEN
CITY OF BREMERTON
AND
YMCA OF PIERCE AND KITSAP COUNTIES
YMCA Concession 8c
Management Agreement�
TABLE OF CONTENTS
, RECITALS ......................................................................................................................... 1
ARTICLEl. PREMISES ................................................................................................... 2
1.1 Premises Defined . ............................................................................................... 2
1.2 Interest in Premises ............................................................................................. 2
1.3 Interest in Improvements . ................................................................................... 2
ARTICLE 2. TERM OF AGREEMENT ............................................................................ 3
2.1 Term . ................................................................................................................... 3
2.2 Option to Renew . ................................................................................................ 3
2.2.1 Exercising Option . ...................................................................................... 3
2.2.2 Pool Contingency ........................................................................................ 3
2.3 Expiration or Termination of Agreement - Improvements . ................................ 3
ARTICLE 3. CONSIDERATION ...................................................................................... 4
3.1 Consideration for Concession . ............................................................................ 4
3.1.1 Concession Fee . .......................................................................................... 4
3.1.2 CPI . ............................................................................................................. 4
3.1.3 Leasehold Excise Tax . ................................................................................ 5
3.2 Pool Management by the YMCA . ...................................................................... 5
3.2.1 YMCA Responsibilities and Obligations .................................................... 5
3.2.2 Transition Period ......................................................................................... 5
3.2.3 CIT'Y Maintenance Responsibilities and Obligations ................................. 6
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 ............................................................................................ 6
4.1.3 Sub-Concessions .........................................................................................6
4.1.4 Security and Nuisance During Use ............................................................. 7
4.2 Operating Hours .................................................................................................. 7
4.3 Entry by CITY . ................................................................................................... 7
4.4 Health Inspections ............................................................................................... 7
4.5 Maintenance, Repair, & Improvements .............................................................. 7
4.5.1 Generally .....................................................................................................7
4.5.2 Sidewalks and Parking Maintenance . ......................................................... 8
4.5.3 Janitorial and Landscaping Services ........................................................... 8
4.5.4 Repair of Damage ....................................................................................... 8
4.5.5 PoolImprovements .....................................................................................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 ......................................................................................... 9
4.9.1 Definition ....................................................................................................9
4.9.2 Information . ................................................................................................ 9
. YMCA Concession Agreement
i
4.9.3 Indemni fication . ........................................................................................ 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 ............................................ 10
5.3 YMCA's Development Project . ........................................................................ 10
5.4 No Liens ............................................................................................................ 11
ARTICLE 6. FINANCING & SECURITY INTERESTS ................................................ 11
6.1 Financing - No CITY Obligation ...................................................................... 11
6.2 Security Interest in Premises & AgreemendConsent ........................................ 11
6.3 LENDER's Reliance on Term and Renewal Options ....................................... 12
6.4 Surrender of the Collateral ................................................................................ 12
6.5 Notice of Default and Lender's Rights . ............................................................ 12
6.5.1 Notice of Default ....................................................................................... 12
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 . ................................................................................................ 13
6.7 Disposition of Insurance . .................................................................................. 13
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 ........................................................................ 14
ARTICLE7. TERMINATION ......................................................................................... 14
7.1 Failure to Perform . ............................................................................................ 14
7.1.1 Obligation to Perform . .............................................................................. 14
7.1.2 Payments to Other Parties ......................................................................... 14
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 . ........................................................................... 15
7 .2.4 Banlcruptcy ................................................................................................16
7.3 Remedies Are Cumulative . ............................................................................... 16
7.4 Destruction of Premises & Use of Insurance Proceeds . ................................... 16
7.4.1 Generally ...................................................................................................16
7.4.1 Pool . .......................................................................................................... 16
� 7.5 Duties upon Termination. �
................................................................................. 16
7.6 Eminent Domain . .............................................................................................. 16
7.6.1 Rights of Termination . .............................................................................. 16
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 . ................................................................ 17
YMCA Concession Agreement
ii
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
8.3.1 Reports/Meetings ......................................................................................18
8.3.2 Records .....................................................................................................18
8.3.3 Audits and Inspections .............................................................................. 18
8.4 Permits, Licenses, Taxes, & Fees . .................................................................... 18
8.4.1 Permits, Licenses, & Other pocuments .................................................... 18
8.4.2 Taxes & Fees ............................................................................................. 19
8. 5 Insurance . ....................... ... ................................................................................ 19
8.5.1 Fire, Earthquake, & Casualty Insurance . .................................................. 19
8.5.2 Liability Insurance . ................................................................................... 19
8.5.3 Release and Waiver of Subrogation .......................................................... 19
8.6 Hold Harmless, Indemnification, & Industrial Insurance ................................. 20
8.7 Successors & Assigns . ...................................................................................... 20
8.8 Compliance with Laws . .................................................................................... 21
8.9 Nondiscrimination .............................................................................................21
8.10 Choice of Law & Venue . .................................................................................. 21
8.11 Costs & Attorneys' Fees . .................................................................................. 21
8.12 Modification ......................................................................................................22
8.13 Change in Law/Renegotiation ........................................................................... 22
8.14 Force Majeure . .................................................................................................. 22
8.15 Waiver ...............................................................................................................22
8.16 Illegal Provisions — Severability . ...................................................................... 22
8.17 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 . ................................................................................... 23
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 AND MANAGEMENT AGREEMENT
THIS CONCESSION AND MANAGEMENT AGREEMENT ("AgreemenY') 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
PIERCE 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 Government 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 Concession and Management Agreement
agreement ("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, THEREFORE, in consideration of the promises, covenants, and provisions set
forth in this Agreement, the Parties agree as follows:
ARTICLE 1. PREMISES
1.1 Premises Defined.
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 and generally shown in the
site plan in Exhibit B attached hereto and incorporated by reference ("Concession Area") for
operation and maintenance of a recreational facility developed and constructed by the YMCA
including building(s), fixtures, appurtenances, parking and exterior landscaping ("YMCA
Recreation Center"). In addition, the YMCA agrees to operate, manage and maintain the City
owned indoor swimming pool, building and related improvements located within the confines of
Eastpark on real property legally described in Exhibit A and generally shown in the site plan in
Exhibit B commonly known as the Glen Jarstad Aquatic Center ("Pool") 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") and generally shown in the site plan in Exhibit B attached hereto and incorporated by
reference. (The Concession Area, YMCA Recreation Center and Pool aze collectively refened
to as "Premises").
1.2 Interest in Premises.
This Agreement does not create an interest in land in the YMCA nor does it convey to the
YMCA exclusive possession of the land. 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 use
the land upon which its YMCA Recreation Center is located and the right to 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 ownership 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 Government or other claimant, this Agreement shall terminate.
1.3 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 Agreement pursuant to Article 2.3.
, YMCA Concession Agreement
2
ARTICLE 2. TERM OF AGREEMENT
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.
2.2.1 Exercising Option.
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 ten (10) year term exercised by the YMCA and Section 2.2.2 below. 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.
2.2.2 Pool Contingency.
The CITY has the option to terminate the YMGA's operation, management and
maintenance of the Pool from this Agreement upon receipt of the YMCA's notice to exercise its
option in Section 2.2.1 above or upon one 180 days prior written notice to the YMCA. Such
termination is subject to a mutual agreement on a partial reimbursement of major capital
improvements made to the Pool by the YMCA on an agreed upon pro rata basis taking into
consideration the amount of improvements and the timing during the term of the Agreement that
the improvements were made. Should the CITY exercise this option taking over responsibility
for its management, operation and maintenance, and further, should the CITY decide to keep the
Pool open, the parties will into an agreement for the YMCA's access and use of the Pool.
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 improvements to the
Pool made by the YMCA belong 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.
YMCA Concession Agreement
3
ARTICLE 3. CONSIDERATION
3.1 Consideration for Concession.
3.1.1 Concession Fee.
As consideration for the use concession of the land and Pool granted by the CITY to the
YMCA by Article 1 herein, the YMCA shall provide fair and equitable compensation to the
C ITY
a) An annual concession fee of Thirty Thousand Six Hundred and Ninety
Dollars and No/100 ($30,690.00), ("Concession Fee") as the concession value for the YMCA
Recreation Center, excluding the Pool, adjusted by annual CPI pursuant to Section 3.1.2 below,
and
b) As additional consideration, the YMCA shall operate, manage and
maintain the CITY's Pool as provided in Section 3.2 below. Recognizing that,that the operation,
management and maintenance, including capital improvements made to the Pool, results in a
deficit budget balance, as long as the YMCA operates, manages and maintains the Pool as
provided for in Section 3.2, the Concession Fee shall be credited to the YMCA for such
operation, management and maintenance. In addition, the CITY shall provide an annual
operating subsidy subject to adjustment as set forth below as follows:
a) September2010 to December 31 2010 — Provide technical and
maintenance operating system assistance provided by CITY staff.
b) 2011 — Pay YMCA $24,000.
c) 2012 — Pay YMCA $24,000.
d) 2013 — Pay YMCA $27,000.
e) 2014 — Pay YMCA $30,000.
fl 2015 — Pay YMCA $30,000 (thereafter adjusted by annual CPI pursuant to
Section 3.1.2 below).
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 Department 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 l of each year during the te�m 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.
YMCA Concession Agreement
4
3.1.3 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 of property
taxes, is exempt from payment of Leasehold tax set forth in Chapter 82.29A RCW.
3.2 Pool Management by the YMCA.
3.2.1 YMCA Responsibilities and Obligallons.
As partial consideration for the Concession Area, the YMCA agrees to operate, manage,
maintain, including capital improvements, 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 ftee 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 community group that wishes to continue use
of Jarstad Aquatic Center. The days and hours of use may vary depending on the
availability of pool space within the Y activity schedule. Pricing for use of Pool space shall be
comparable to fees�rents charged for use of similar quality 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.
m) Provide notice to City of changes to fees and access to the Pool for non
YMCA members for input prior to implementation.
3.2.2 Transition Period.
The YMCA further agrees that during the period of September l, 2010 to December 1,
2010 ("Transition Period") it shall:
a) Honor existing Pool program�rental 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 S `, 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 Ma�ntenance ResponsibiliNes and Obligations.
The CITY agrees to:
a) Fund previously identified 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 yeaz
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. The CITY shall pay interest
on the unpaid 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).
3.2.4 CITY Payment.
The CITY shall provide an annual operating subsidy subject to adjustment as set forth in
Section 3.1.1(b) above. �
ARTICLE 4. USE & OPERATION OF PREMISES
4.1 Use of Premises
4.1.1 Recreationat Uses.
The YMCA will use the Premises throughout the full term of this Agreement for the
purpose of providing recreation, meetings and community activities directly related to the
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.
YMCA Concession Agreement
6
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 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 cany 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
sfikes, 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. Any person or persons invited by the
CITY may accompany CITY. CITY has the right 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 azeas of the facility.
4.4 Health InspecNons.
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 Ma�ntenance, Repair, & Improvements.
4.5.1 Generally.
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 from use)
YMCA Concession Agreement
7
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 Board 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 pazking 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 pazking 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 appeazance 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. In the event YMCA
fails to accomplish such repairs within fifteen (15) days of receipt of written notice by the CITY,
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 PoolImprovements.
The YMCA shall be responsible for all capital improvements to the Pool in accordance
with Article 5, except for initial funding of certain improvements as provided in Section 3.2.3.
The YMCA shall maintain and make the required capital improvements to the Pool in order to
maintain the Pool in a condition equal to or greater than its condition at the beginning of the term
of this Agreement. Any improvements to the Pool made by the YMCA shall immediately
become the property of the CITY upon construction, unless otherwise agreed. During the last
five (5) yeazs of the second (2" option to renew, if exercised by the YMCA, the YMCA's major
capital improvements (as opposed to general maintenance) will be limited to $25,000 per year
unless otherwise agreed by the parties. The YMCA shall have no interest in the improvements
made to the Pool by the YMCA upon expiration or termination of this Agreement.
YMCA Concession Agreement
8
4.6 Signs.
YMCA may place and maintain signs upon the Premises in accordance with the sign
ordinance of the CITY.
4.7 Utilities.
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 andlor 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.
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
YMCA Concession Agreement
9
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 Indemniflcallon.
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 EFFECTNE 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 the Pool and any changes to the landscaping, without the CITY'S prior written
consent, which consent will not be unreasonably withheld. The YMCA sha11 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 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
YMCA Concession Agreeinent
10
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 CIT`Y 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 aze 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 from 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.
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. The 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
YMCA Concession Agreement
I1
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
interesdinterests 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 actual foreclosure;
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; andlor
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 Reliance on Term and Renewal Options.
1'he City acknowledges that the YMCA, in making application for financing, may be
required to have an assurance that.the terms of this Agreement 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
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 Agreement.
Additionally, the CITY acknowledges that, after any original financing commitments by the
YMCA have been satisfied, these financing provisions shall be applicable to all future advances
or financing 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 Collateral. �
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 Gender'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
YMCA Concession Agreement
12
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.
6.6 Right to Assign.
Lender shall have the right to assign 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 from further liability
under this Agreement. If a lender finances the purchaser, assignee 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.
YMCA Concession Agreement
13
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 Provistons.
Lender shall be a beneficiary of all rights of YMCA herein including but not limited to
the warranty, 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 Agreement.
6.12 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 Agreement. In such case, the CITY will give reasonable consideration to such
changes to this Agreement, and may, at its sole discretion, accept or reject the same. Any
modifications 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
YMCA Concession Agreement
14
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 after 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'/z 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 TerminaHon.
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 aze 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 occurrence 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
diligently pursues completion and completes performance within a reasonable time; or (2)
YMCA shall be adjudged a bankrupt, make a general assignment for the benefit of creditors, or
take the benefit 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 termiriating party, and the non-
YMCA Concession Agreement
15 '
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 et�ective 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 Generally.
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 opdon to proceed to repair, rebuild andlor
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 deshuction and all provisions
contained in this Concession Agreement relating to the Pool shall terminate. All remaining
provisions relating to the YMCA Recreation Center shall remain in effect.
7.5 Duties upon Termination.
Upon termination of this agreement, and unless otherwise arranged, YMCA shall remove
from the Eastpazk 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 agreed 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 use 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
YMCA Concession Agreement
16
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 pwposes 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 aze 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 Relationship 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
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 ground 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.
8.1.2 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.
YMCA Concession Agreement
17
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 AdministraHon 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, retum 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 sha11 be responsible for
notifying the other addressees of any changes of address and a11 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 Boulevazd
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 Agreement to
assure its purpose and goals are being met.
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 Inspections.
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
YMCA Concession Agreement
18
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 teim 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 file 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
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 property 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
YMCA Concession Agreement
19
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, Indemnif3caHon, & Industrial tnsurance.
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.
The CITY and YMCA each agree to be bound to the other party in respect to all
covenants, agreements, and obligarions contained in this contract. Except as provided in Article 6
herein, neither party shall assign 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 Article 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
YMCA Concession Agreement
20
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 standazds and regulations issued under these Acts must be
complied with. The YMCA agrees to indemnify and hold harmless the City from a11 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
Agreement.
8.9 Nondiscrimination.
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 qualification.
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 brougtit 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.
YMCA Concession Agreement
21
8.12 Moditication.
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 agrees 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
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 Agreement 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 Agceement 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.
YMCA Concession Agreement
22
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 sha11 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.
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
YMCA Concession Agreement
23
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:
STATE OF WASHINGTON )
) ss.
COUNTY OF KITSAP )
On this day, before me, , President of the YMCA OF PIERCE AND
KITSAP COUNTIES, 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:
YMCA Concession Agreement
24
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 inshument 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:
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
25 �
i
EXHIBIT A
Legal Description of Premises
�
YMCA Concession Agreement
Exhibit A
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EXHIBIT B
Site Ptan
YMCA Concession Agreement
Exhibit B
� EXHIBIT C
Quitclaim Deed
YMCA Concession Agreement
Exhibit C � �
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• ' . � . �` '
� • . .
' • � �UYTCLA7M DEBD .
� , '. � � , . . .
' ' Tiso UNLTBD STATSS 08 At�ltICA� act#ng by and thtough� Chs ' �
' Secratary of tba intar�nr, aceing by and.througb tlis NorthWeat Re- ,
' gional Diractor� IIuxeau o! fh�tdooe Raaro�eiot�, uades ond�pureuaat
'• to the powar aad authority eQntained in the psaviaions of ths 8ed- ,
' , ersl PsopRrty aod Servicea Act og 1949 (63 StuC. 377), �
� as ameuded� and particul arly'a� ameaded bq Pubiic Law 485,� 91st
, � C9ngreea, and xeguiseions and ardete �omulgsted•Chareundar (hera#.a- •
0 • siter'deaigaatad "Crgnt or!� � fc�e and ia conaideratioo oi Che par- .
� paEual uee of til�a hasei�aaftex do'saribed psemie0s as and for pub�ia• �. , ,
� . • ..
pask amd pubiia reorea�.t iaa araa purposas, by Ghs City o� Bremar�on�
a muaicipal,coxpoxatiou, locatad i,� 1C�CUap Couaty� state o# Wseh�
' iagtou (hnreina�Ear des iganted �'6s'anCeO'� does horaby roles�g_and � ,�
. • quita�.aim to Gsaatee� sstd to iCa auncesapre aud AD9�$�9�,8t3�1�8Ct t0 '
,, tha zeeervaCions� axcepti ione, reatricei.oae, coadi,tions, nnd oovnnants ' �
hareinattmz expxeeaod aad do:t fozth, all Grantan's �ight, title� and '.
i � ' • � � . . •
� interest,in`and to.xhat aertAin tract o� resl praperty deiigpated�ss ��
,• Area ��A,�► co�iet�ng o� epproximately 1�.6 ua�ea�,located i.n Kitoap
. Covm�y, $tate og Waehington, and�mora paikioularly descrtbad fn , •
� Exbibit "A;" aCtsched hetato and by xaf.eranas c►ada s pest hereal.
� . , 1'a tWV� AND TO tiOLD Che bereinbaPoxa deaoribad 'psopesty� • ,
• , eubjecC to tha xeeervatioas� exceptioae,.:eaetictione, eoadtxiopa, �
aad covm�nte hereia exp�eaesad aad aet fortb unto tba Cyraatea� l,ts �;
� . . rucce9sors nnit aeaigas, � forevax. , � , � � .
. ' ' .V1
RESERVING, HOWEVER; uato the Grantox .all coal � oil,, gae; • —�'1
-�J� and othar miaerals on sa 3.d real proparty�'togethar with the righC •
. • . , . ,
. . i
� to proapeat £oz, mine� snd raowve tha eac�e under applicable lawa, ' � �
rui�a, �nd ragulations pxcecribed�by•ehe Sacretary oC tha Interior. i
. i
Purauant Co au�hoYity containad in �2�a �ederal Property j
•� and Adminiatzat:,ve 9arvicee Act o�'.19k4,�ae amended; and applicable � i
. . .•• ;
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. , . , , • . i
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CONCESSION AGRE�MENT � EXHTBIT C —"'"'"�' —�� ��� �"��
. c • .
. � .
, � •� .
. � � . ' ' � '
'r • '
i . : . ,
r ;' rulea, regul.stions and '`tYxdara promulga@od therouader� tha Ceneral
. Sarvices AdmintatraCiois detsrmined ths to be auYplu� to tha
needs oP the Ilaited Statee o! �►arias aad asaigned ths propest�+ to
�• the Dep�rtmerir oE ths Istterios for fusthex comreyanco to t6e Grantee: . •
� �' It'�a agreed and underetood by and batweeq the Crsntar and
. Grantes, and the Grant c3e by ite acceptance of this•dsed� does ecicuow- �
2adga its un�leretaading o! tl�e agreemene, and does coveaanC actd agrea �
�ar itself. and SCa auaceesora and aesigae. £orey�r,�ae follaaes , ' �
�. • 1. Thia proparty shali bs used and soaiaCaiaed for tha
pubiio puirpoees Eot wh3.ds ie was comeyad in �psspetuiey ae set fortb .
in the pYOg�eam u! util3aation 'and plan conCained i.n the applicatiou
� datad January 8, 1971,. as.supplementad aa Jaauaiy 14, 197I, aubmi�.tad
,by Ghe Grenteo and scaopted by the GsanCor oa January 25� 2971, which .
' program aad plap maq tie amonded�from time to t3me at ehe requeet o! , •
either Che CranCor or Granteo, with tlia writCaa coacurreaca o£ tha
r �oeher party, aod auc4 ame�admenta ahali ba'added to and becomo a'parb , '
of the o�rigitwl spplicc;Ci.on: , • • .. . , . .
. � 2. Tha Craataa sIu�il, wlthin eix (6) moaelee o!,' eha data
• of tha dead of coaveya�p�aa, ereat aad maiatain a peYmaaeae eigr•or
� , marksr tteaY tha potat o£ principal accese to Cha coavayed exea indiqaC- •
ing,t.l�ax the psopexty is a pask or reczeatiou•area arid haa•haea ac! '
. �quira8 from the Fodezal GoveramsnC #or uae by the genaral public. .
� �3. Th� psoperty ahall not be so�d, leaeed, aeeigned,.or .
. otherwias diepoysd o£ exaept to aaothir eligihie govesnmental'agency
Chat the 5ecretary oE the Interfor agreea'in�writiag can the
continved use snd malntenauce o�'the prope,rty for publie park or '
publia recreaCional pu�epoeas subjeet to tha aivaa terme and conditiona .
ia the originAl laatsivanenC o$ conveyance. � FIbwc.wer, riokhing in tliia � •
' proviaioa shall preclude tha Crantea £rom previ,�ing.related reciea-
tiomal faoilitias�d s ezvicea compatil�lo with the approved app7.ica-
. � , . , .
� � � ' , � � , � � , • ' REEt"12fR1890
. + ' �( .
, , • ' �
, . .
� t'totr�•.thlco�rglt,�.co�f�es93on•a8�reemenCb eaeeied�into Wich ehird partiea�'
pzq�i'3d��'�pf�� ��pn�uzx'�ce• to euch: ag:aemeats. is obtained .in• vriting
�fro�lYtUe:Se,c;#aCB��'jt�'og:".•thu.Iictt�s'!oT`�; .. • .
. ' ' 4. Ihco� tbe date o� t}si� convsyanaa; .t}u Crantem, iCS . auc-
� . caesors and seeigas� shall aubmtt bieunisl reports to the.Secretasy
o!' ths Znteri,or, satting forkh the uae mada oi' ths property duriag
� ' the preceding two-ysa�e period; aad othes pertineAb daW estublieh- •
ing'its coatinuous us s for ths Pnrpoaes est for�h above, £os tsn -.�
, • conseautiivs'seporla aad ae fuxtihet,daCesmined by Che 9eoxatary•oi .
the •Iater�.os. .. . • • ' � .
'• g. Tha Graaeos absil l�ave the rigbt 'du�siiag the axl�'ta�}oa .
of �aajy t�atio►isl emsrgano�► daclered by �he Pzeaideat o� kha Unitad
, , ' 9tates 'o!' Ameriaa, or the Coagaeo9. Ch�ireof, to the fuli unreetsintad
� pna�easiou, a��ro gnd u�s o� tha preciiser, ox aqy pat� xhereo� • .
� ai,C'hout charga; pzovidnd tbe Grantor,sliail bear tha entira, coAt o� .
( ' maintecanca oP aii property so ueed.. � • .'
, '� 6. As p+�r.t oP tha coasideraeion fo� thie �Dead� Clae Cxantise
cavennate and agreee �os 'i.tse2�, ita aucceseore and asaigne� that , '
� (1) tbe prog�aro �ar oz in aonnectioa ioith wbicti Cbie Deed is mad+s •'
, , ptil be coaauaCed in compliaaaa Nitb,�aad the Gzantee. ita eucee��
sors aa��assigns, wi]�1 aompiy witb'a1L requ3s�mepte i�mposad by or
pussvaut to' tha xagulati.4na of tl�n Depas�men� ,of �the Lntarior �as •
, in efPeat on t1Ye daCS o! •tbie Deed (�F3 C.B.R. P$tt 17) isave8 ' .
nndar ths provieione of 'Tiela VI oF tha Ci'vil Aights Act oE•196A; �
(Z) this covenant ehe:11 be sub�eob ia all xe9peaes to tha provi- • ' '
.ai.o�s oP eaid regulati�tns; (3) tbs Craatas; ita auccessore and
assigs�a, will pxomptly take aad.coaGiaue to taka auch aatioa•ae •
ma�y be receseary to e�fecL�te thie�. covanarC; (4) the Uai,ted .
� Statee shall have the� right eo anek,judici�il enPoxceme.nt o� thie
� coveaent� an�3 (S) Che� Graatee� fes succeseora and aseigns� will �
' • (a) obaain izdW aach otue�c persoa (auy lag,a�� enGity) whv, I:hsough •r . •
. :, 3 • � , .
. . . � .. AEEI'1.2FR1,691
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� � contrsetaal or oeher arraageaente Wieb tha Grantea� Lta aucceasoYe '
or asaigae, is authoriaad to prrn►iQe earvices or beas�it� uader said
� psograoe� a Writitee agreeaieAt pusaueat eo Which.avch other pereoa �
� ehail, vith respect to ths aervica or 6anat'its wbi�h ha is author-� •
, . . • ,
. • izad to psovids� undertnke �or himoalP the eams obligstio� ae Chose � '
imposed npon tho cirsateat, ite aucceaeors aad asaigas� br this cove-
, naue, and (b) £us�nieb a•eopy nf auch agraemeat to ths Saaratary o� �
• Chs 7atarior� o�e his aucaesao�r= and �that this aovenant el►el1 run �
with tha iand harebq comreyed; an8 ehAli in aay evene, vithouC ra-
. gaxd Co Leahatcai classii'�cation or desigsatioo, legel or oth8zdise, ' �
be �bindiag'to the �uli�eet axtsat parml,ttad by laa snd aquiey �or ths
• bene£te of, aad '3n PavQr oi' the Grsnros ead eaforceabia b�► the Gran- �
' , tor against t'hs Gsantew, ' ite aucceaaore a�nd aaeigns. • •
• � • y. Zn ehe evc�n't there is a breach of any of the coadit�one ,
• and cavenante heretn contained by t�s Craatee� ite auocaeaoxa and ae- ,
. aigae, Wbethet aaueed by the leg,al'or other inabil3ty of ths Grantas, .
( � ita euec�asore• and aeaigtise, to • pe�lorm sai�d ccndiCione and coveaanta. •
� or otherwiee� aii right � title and is�taras�L !st aad to ehe eaid pxam-
' ..iees ah�aZl reverC Co aad•become� tha prope�Cy oi' tha CrAntor at ita •
� . opti.oii, wiiioh i.n �dditioa to �a11 oti�er zemadies #or euch breanh �
• • aha11 heve tlis xLghC of ea[try upan eaid pxemisas, aad.tba Crantee, . j
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. • itia syccesears and eaeigae� s,ha11 forf'siC a11 right; tXtlo and iaCer•• ' �
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ert ia• said •pr�m�aee s�nd tn any'and alY oS the tet�emeate, harpdita- • ' � �
' meaxs a�nd appurtenancos tharewato�belonging= pxovtded, howaver, I
• that the �Failura of tha�Se�retary ot tbe•Aep$r0'mont oP tha Iaterior i
.i
. . ao xaquira �n any Oae or mora iaatancea complete p�sPormaacs oP aaq.• ' I
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. oi' the condltions os covenaats eha]1 not be'coastrued as a waiver� � . �
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• , or rellnqui.�l�ent a4 •euob �uture perfarmance,, but ths obli�tiane . • � �
. o# thm Gzaatna, ita eucaeseors and sesigna, with respect to such ' �
�uture perEormance ahail continus io full 1'�rieee and effect: •!
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� � � pYUlggg SiE1ER�30�'� the Gzantor bas caused Eheoe preQente �
, to be exacuted'.in itis nanie and. oa ite behalf thia the •� day
oP L�����._ 197/• . .
' UNITED `STATES OD At�RYCA
' ' ' Actiag by and �hrough ths
. , ' ' . Seozetary� ot tha: Ineesior : � .
. ' ' � . 8 � �
. . . � . Aating 8sgiona� actos •
� � . • Nortt►west�8egioa .
, . . Hqte�u o£ Otttdoos RearnaCioa • •
. . � • � SLIT$. 08 WASHINGTON � . . • . • ' •
' ) A8. . • • • . . •
• ' Cowatp o!' • ' �f �� � • . • •
• . . qn �tl�is �'�,,. d�►y, of �fL. ��„_, 19�; befosd , � .
me, •the� eub's4xifieti' peaeednallq app�ased 8� .'���LBDi, to m�. lmo�ni and,
. , . jcno�., to ;be t�►q• Aat'��t&• Xte$l,osu�i, Dizector•�, : Noi�thw�et•. Regian; nntiaau
�� o�'.OeitdOof��A�cretaCio�i,`�of.° tiha'1Taited''SLa�AB lYepartmeat o� •the intax� ,• �
'. .•ics�e•,•:a•S�e�!!��tal ag��Q� o� •cite, itntted. Statea ot Amer�c�, and
. k�,,to• ma• tip be. tye� •'s�1e. pereiia d�ar.i,bed i� and aho exa�uted ..
� . 't1i;a;.P�'r�8oin6...i'�e.txuarOYit �e. •auch�AcCin$� •Rogional Dfr�ctor• a€orepaid, .
� � � ae •ttie�,•acx� aind. d'ead o� ' tHa, i1�ni.esd etaltea � dE• America, for �and aa 1ia•.
. • � � •tia�l;''o�. the •��'�atary ,o�. �he Xitterior • du�y� 'desi$na�ed: empug�
� stid•a.akbaki,s'sd'`8a tb' da: �)Y e�ti,d Seose���j►:�•�,tad ha..acicflcwle 0�� ��•
' h�s ex�cutad;"the,faxa$n�i1g• instruarc�e'.foti• 'n beha E o' ��.d� `•.�. ,
( � '• � &�ai�ee. og•• Ana�riaa; . �or� th� purp�ae,s an ' u hera d } ��tp�� � � :
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• � . 1'h� forogo�a& CO.�1eYasics is herb��+ accepted and ChA undet- .
' s�$pad��•a8rgesy'�+y thie�� s�ceptaaae; to a�essnus at►d�be bowRd by all Che '
�obligAt'ioae; condi:tionss ��►enanCe� $nd�agsaea►�tttia•,thexeiati�aaa�aiqed. ,
.. . .. ' . The CITX QF HR81�ItTOlt, a municipal �
' A �„� $ �} , , ' . �� . corpo'raeion� loeatad in Ki.Cqap , .
• . . . • COunty, $'tate af Waah�n .
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_ ti �,? o� � �' � • • ' and �ecreatioa • •
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. . STATS OF H�3�tII�ifiTOPi ) . . . . , .
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'. Conaty of 1Citeap �) . • . � , • � � .
• . . On thie ,�j'�,. day of ���L . � _ —� 19�, b�Porn .me, .
the urdsraigaa8 Oflicax, poreonslly appearad Olen� �. Jsretad and' . •
AtidrsM P�►dex�t � to mea kaows+ and kaown to me to b� the �ams; pessoue .
khoes nac�ea•��xe.avbecs3bed to the foYagbing�aacepCsace� �+ho baing by •
• u�e� duly exorn, ctid depos 4 and saq eMt �he, Clecu�• K. Jaretad, i� ttie •
'Mayon, and thaC he; At►d�cea Fendergart, is the Superf.nteudei►t of, Chs
pagartms� of Parks and Saari+aCion of the C'ity of Bremszton,, WashiOg- ,
to�, t1taC ihey gre dvly den�gnaeed, empowerad, aud authoiizad by a•' •
� regolvt�on ndop�ad by�,�ttYe Cit�x Camoil o��ttse City.�of Bremerton� , ,,• .
� Waehingtar, ou Dscambes �a, 1970, to axecues ehe�Poregping a'ece�t- •,
� an�s and to sign their namda thezato; and tbatc xhey sZg6�d the# ;�,,t,�, '�'. '
names CheYSto and ackaaw�ledge xbat'they execute ti�a @or�go�,n �n�j•� �a,,. ..
' aCzumear far aad oa beha�li ol' ths diey'a# Bx oa; •Hash ►� .� �.; ...
• £os th� ' pusposao artd us es eherain deanxi d` ' +.�� �' �� _..
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•� � D9saribed to eontl► aida ot' eidexallt along south s�ida ot Maga+ason 4�y :..... .. •
. . and Sahley Boule�vard. , . , • � ..
� � .� ' Hegisml.ng at a concraLs moaaatent; ay t�Le aentss � oY 3eCW�on lZ� Toe�•:,;''': �.
, • ahip 2!� 13orth; Raqge 1 E�at� . W.M., esi�l ceater o� esid 8motioa 12 , '
. . being ep�oodmate�y at tha iates'aec�iai o� the conter lin6a oY ' ,: �' •' •,.)
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� ' . 3ohloy Bcu3svat�d and Teqelfth Avenne; thonce South 2�07.�?,5p S�oet . : • • .. � : . �� • :•I
• 7,$Is1.8� Peet to the tr�aa po3a�b oY begir�►ing; tbeao� 8aath.2QOlt?$a' .'�t� ..
, W.ast ]A5�.70 teet ta a coacret,� mo�wment, said nwmuo�� b�iang on �. .. .
• • the Seot�i� liaa dividi�g Beat3,ons 12 azW ],3 at a pQia� app�roocimately ::: .. • : - •: � �:' .
• . i� tha centerli:es o� Schl.ey 8oulevard iatesosats esid Soot�o» •, �•. �� �.. ,
•, line; thence Sou'Wi 1 � L8p Wea� 242.23 Yeat, �hors or ��eee, to t,h4 ...:,' :
' north siae oY State gecandary �igh�eq► IdO. 3031 'Et�saoe Norbb 70 ' • '• • :, '. . :
ts�eat a].ong the nortt►er�,Y eitle o� esid �igh�y'299.68 teat; . tbenoe .; . . .: ��. � �: �, .
. . 9o�tb 19�32�20n kbeb a7.ohg ��ter$ ai.de •ot said Hi�nne4}► 50 Yeet '', � .;:
� , �.. . therico in e noxth�eater3y direation along tJ�e northerly oi�cie oY said '.• .
���r oao s curvs or• r�ai.ae 51►7.97 re�t � a�tetauos o az7 :3a a r 1, e � �t; :, ���• ,:: '. .
:Ehencm along eald . HiB11sa�Y North 1�6 Ido�t 13b f�tif aaaaw00 :, ' �° �
' North• 8? Weet ?.60 Yoe�f t�henae along the northeaetsrly aide �: '.�, �.
. . oY ea�,d 8lghway DTorth 11�5� �7�eb 163.?1 Feet= thenoe.No�rt3� �.� •�
' 43 ��at 58..1�3 PeeE� more or le�e� to a poi.nt on tl�,baak ot' '.
, ttte • eidet� along 4ha ea+��h sido of Hdme�c R. Jo�ea Driva� �thenae ; � .�
' • �so�roae eaid dsive I�orth 23 05' 29" Easi► 1�3 #'eet� care . or le�e, to ',.... ..
' , a poisit an the baotc o� the eidet�alk on the nwrth eLde� tdioace along ;. ,� .•
( • bhe back oY the aidepallc on a c�u�ve to tDe right on a rad�ne ot ,� ,!
b8.65 Ye�ti a diatanc� o�£ 1�.}�2 tee0� thsnce al;osag baoB� ot eida�a2le '' �• ' .';�
•, I�orth 11a 35�1�1� Vleat �2.06 Yeet; td►ettce a]+oag bacle o= eSBevalk on '.
• a aur�re �Eo the.right �l.th a radi�e at l�61..5 �ee'G: a dietaace oY •. •� •
• • 216.T8 Pe�t� tttenes elor�6 baok oa: eidetaalk NOl'th 12 Seteb ::...; , �,'� �;
. . l0$.5b �a�tj .tlientse .alonft baok ot eidetioalic on a anrve to tJ�e rigpt �'' ; �• ' , . ..
'� rtlth a redius ot 651.5 Yeat a dietaaoe aY 22T.47 Yeati� c�� •"' •
.. � along baek ot eidemalk on a ourvo t� the• right siith radiue 1�,31.3]. '� '�' • ' .�.' I
�eet a dietanae o� 273• 79 �ee�; theace North 68• East 216.26,' �.. .
. :�• Yeet croee3ag Homar x. Jomee Drive at 9.ntoraect�ian n�..th Sch7e� .. ., •. . .
_ Hou3svardf fi,h�aos ou a cury�e ta td�e 1�6 �ad:th a rad3ua at 1�27.73 .•, �
'�'• Yeet a diatance oY 63 .23 t'eet3 thetu%e 3outh 29�1�6�35" Fast 78.$ '. •
' ,.Yeet; fi�honae Swth 8?�58� 35a �a8t 1�9.5 YeeL� wore ox looa � trua '. �.
' point oY bog�nninBy o�nt�iai�8 �PProximatc�,y 18.1 acros, .e�ccep�C am � � : ' : . . . . • , .�
, • • • • area desi.�oted ae �'Mws3.cipal Areap daooxibed ao .4allot�sa . ' .. ' . .!
. . • •. EXgiHIT .E1 ' ' .' . . . ', . �, . � .� •
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i. r�oat� nFSC� - na�a nA�� (car,ti�ea) � . ..
..!!n ar�s dooignated ao "M�udoigal A��" �'► the elte ot the Esetparu . .
HonsLsg 1'ro3ao0, id�•150111► in the City ot Hremerton, Count�y oY ,
' . . ISitoop� Stt►ts o� l•lsehiuB'tar�� uws�e partiioulerly► desoribod as Yollo�st ;� .
' Eegim�►g �ati a'pod� alticli beare �h 2�07.�2�p � from the � . : ' .
�.� �, �.. •. aeo�ioa corner oY 8eotioae 12 end 13, 7�ehip.24�DTortd�, Range� . ...
Enei�� �ette MeridiAa, a d�st�enos oY 20•teeb� thoace'North ..• ,• •
� �a�°52�56p Waat 20 �ee�t to 4�he � P �enoa �io��°ol'25p Hoet�� � � ' .
` • ' . . �.�ootr.+r3,9•margin oY 3ot�3sy Boalavanlf' ,. .
' 35� teeL �• ths eweater3,�t resrgia oY Sdilsy Baul�evaid; t,h�nce :..
'' Dtorth 87 "�deat 30 Y�f thenoe South 2aQ1s25° ��t 3A0 foet; .•. �
., � tt�st►oe Scut,h 21� �esti 183.85 ��; t,d►eaas �ov�t�4 � ' . . . . .
�� kTSSt 80 foet to a 7�iaa I+�� . ie pa�allel to ai►d 20 8eeb a+�rtb . ot the �•.
. � n�tf► line ot 9eot�w► �,33 �►eoad Soutb 6�52'S�6 acxa more or lasa, �. �.
• � tho tra�e point ot be6�6s. .�'�°� . . . • . • .
' Sub�eot t�o eseea►eats !or road Pnrpoees �s1on6 t�e easti bbwadary aond ''.
aloag tdta aaatth li�ne aP,eaid Seat3on 12; to �. , •'• �"..
• . F�aomex� dated 29 Nooember 19Y3.to OJ�napia Poaer ComP�np►, recorded �,. ,;'
in 4olnme 89 a� Doede, PeBe 538��� o� KJ��eap Couz�t Y�ehin8'�3 . '.
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' Easeate� da�Eed 26 �prS]. 1929 to Pnget Sovnd �ov�er & Light ��, '" ..
rscosAod ia Hoolc �.68� PaSe E23, rocor3a ot K3te�►D Ccunt,Y . ta�• .'.� ;' .,
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R�queet oi PI ER NA ,' TITLE IN3: CQ. , ' .. . .
�• D�� THEOOORE WR1flHT, K�tsap County Audiior �" •. •
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