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Home My WebLink About04/06/2011 AGENDA I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** APRIL 6, 2011 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 - 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting - March 16, 2011 C Minutes of Study Session - March 23, 2011 D Minutes of Special Meeting - March 30, 2011 E Purchase of one (1) 2011 Ford Escape Hybrid for the Water Resource Division F Amendment No 1 to Interlocal Agreement with the Kitsap County Health District for Kitsap Regional Illicit Discharge Detection and Elimination (IDDE) Clean Runoff Project G Greens Superintendent Agreement with Ed Faulk Operations, LLC for Gold Mountain Golf Complex H Golf Management Agreement with Scott Alexander's Golf Shop, Inc for Gold Mountain Golf Complex I Lease Agreement with Scott Alexander's Golf Shop, Inc for Gold Mountain Golf Complex J Goods & Services Agreement with Will Robinson for Lions Park Whale Play Sculptures K Resolution No 3137 to establish May 18, 2011 as a Hearing Date to vacate an Alley for Olympic College between 13 and 15"' Streets, West of Warren Avenue 6 GENERAL BUSINESS A PFqert Design AgFeement with Puget Sound Ene-m 1 1 125 SEE! feir R-Whed-ule 74 LJnd8FgFG'-nd 4e-a -4 meet Item postponed 7 PUBLIC HEARING(S) A Public Hearing on Resolution No 3138 to declare Reservoir #14 (located at the south -west corner of Ironsides Avenue & East 17 Street) City Water Utility Property Surplus 8 COUNCIL MEMBER REPORTS 9 EXECUTIVE SESSSION -15- minutes to consider a Real Estate Acquisition per RCW 42 30 110(1)(b) Information only Action is not anticipated 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting J BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD fe td I �1 7 zg� 1419 S0 REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMITTED 4/6/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL vvvvvvvaaavvavaaavvaaaaavava■ aavavvvavaavavvaaaaaavavavvavvvvvvvvavaavvvvvvaavavavvvavavvavi SUBJECT: Committee Meeting Date COUNCIL MEETING Date April 6, 2011 Claims & Check Register Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: Check Register FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 342315 through 342588 and EFT's 10739 through 10783 in the amount of $1,467,185 99 2) Regular Payroll for the pay period ending March 15, 2011 in the amount of $730,734 74 3) Regular Payroll for the pay period ending March 31, 2011 in the amount of $765,614 93 4) Retiree Payroll for the pay period ending March 31, 2011 in the amount of $82,633 18 COUNCIL ACTION: ® Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr SUBJECT: City Council Meeting Minutes Committee Meeting Date: N/A for meeting of COUNCIL MEETING Date: Department: City Council 11 Presenter: Will Maupin, Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held /K Q ck ATTACHMENTS: Meeting Minutes for m aumck 1 ? — O i l FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: C ouncil President CITY ATTORNEY: N/A FINANCE DIRECTOR: N /A MAYOR: N/A COMMITTEE CHAIR N/A COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 16, 2011 The weekly meeting of the City Council of the City of Bremerton was called ' to order Wednesday, March 16, 2011, at 5.00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 Street, Bremerton, Washington, with Council President Will Maupin presiding Council Members present were Nick Wofford, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Council Member Carol Arends was absent. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen, and Legislative Assistant Lon Smith A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room. At 5.30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Reverend Ron Anderson of Manette Community Church MAYOR'S REPORT — Mayor Lent • Presented a Mayor's Employee Appreciation Award to Parks & Recreation employee Scott Evans Mr. Evans thanked the Mayor, Wyn Birkenthal, and Jeff Elevado and all Parks Department staff He also discussed the very successful boy's basketball program in its 69"' year that provides an opportunity for boys who don't make their school teams, and is so successful, he would like to add a fall league • Brought forward Lynn Frei Troop 1510 Scout Leader, who explained that he was here with the members of his troop so they could learn more about their city government in action, • Presented a City of Bremerton flag to a Russian delegation who were here on a visit, • Enjoyed attending the Annual St Patrick's Day Parade held downtown last Saturday, • Was pleased to attend the Washington CASH graduation ceremony, and • Discussed a letter written to Kure, Japan to ask if there was anything the City of Bremerton could do to help, and noted the State of Washington has been very generous in providing donations to Japan's relief efforts PUBLIC RECOGNITION Mike Walton Marketing Director of the Family YMCA, listed the activities taking place at the "Y" for the month of April, and presented a brochure titled "Let's Make a Difference Togethe about the 2011 YMCA Strong Kids Campaign If anyone is interested in making a donation they may go to the website at www vmcagks or /sc strongkids or call (253) 53 -7804 CONSENT AGENDA A Check Numbers 342055 through 342314, and EFT -10695 through EFT -10738 in the amount of $2,809,817 94, and Regular Payroll for the pay period ending February 28, 2011 in the amount of $654,290 86 B. Minutes of Meeting — March 2, 2011 C Minutes of Study Session — March 9, 2011 D Ordinance No 5143 to repeal Ordinance No. 5050, Vacating a Portion of alley bounded by McKenzie & Cogean Avenues and 12` Street & Sheldon Boulevard j E Ordinance No 5144 to repeal Ordinance No. 5061, Vacating a Portion of Carr Boulevard and reserving certain easements F Ordinance No 5145 to amend Chapter 9A 44 of the Bremerton Municipal Code relating to "Public Urination" I i City Council Reg. Mtg Minutes Wednesday, March 16, 2011 Page 2of3 G. Ordinance No. 5146 to adopt by reference RCW 9.94A 835 amending the Bremerton Criminal Code by creating a new section, Section 9A 32 130 entitled "Sexual Motivation" H. Resolution No 3136 to adopt the Kitsap County Comprehensive Solid and Hazardous Waste Management Plan I Real Estate Purchase and Sale Agreement with Crab Shack Investments, LLC for the property at 1116 Charleston Beach Road J Award Construction Contract to SERPANOK CONSTRUCTION for Demolition and Construction of a Pump House and Roof Pad for the Park Avenue Plaza Phase II Project K Ordinance No. 5147 relating to Title 9 of the Bremerton Municipal Code entitled "Peace, Safety and Morals ", and Title 6 entitled "Health and Sanitation" L Ordinance No. 5148 updating Chapter 104 of the Bremerton Municipal Code relating to Code Enforcement There were no comments from the public 05:52:30 M /S /C /U (Brockus /Runyon) Move to approve the CONSENT AGENDA as presented and amended City Clerk Carol Et ien announced that General Business Item 6B was pulled from the agenda GENERAL BUSINESS 6A — APPROVE GRANT AGREEMENT WITH THE STATE DEPARTMENT OF ECOLOGY FOR THE STORMWATER RETROFIT AND LID DEVELOPMENT PROJECT: Larry Public Works & Utilities, summarized that the City Council on November 3, 2010 by Resolution No 3125, authorized the negotiation of a grant agreement with the Washington State Department of Ecology (DOE) to provide the City of Bremerton with $1,343,000 to construct various low impact development (LID) projects throughout central Bremerton The agreement has been finalized and is ready for approval and signature There were no comments from the public 05:58:52 Motion to approve grant agreement was made by Robinson, and seconded by Brockus, Discussion was then opened to the Council for their questions and comments. Mrs. Robinson asked if there was a schedule yet prepared for the planned public outreach Mr. Matel stated that they are currently working on a schedule Mr_ pointed out that the City of Bremerton is a leader when it comes to implementing LID techniques 06:08:03 M /S /C /U (Robinson /Brockus) Move to approve Grant Agreement G1100266 with the State of Washington Department of Ecology, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented Voted in favor of Motion* McConnell, Brockus, Wheeler, Robinson, Wofford, McDonald, Maupin Abstained Runyon Motion carried 7 -Yes, 1- Abstention was pulled... kRK Item City Council Reg. Mtg. Minutes Wednesday, March 16, 2011 Page 3 of 3 COUNCIL MEMBER REPORTS Nick Wofford was pleased to see Wofford College was part of March Madness this year [facing BYU on Thursday night as the 14' seed in the Southeast region of the 2011 NCAA Men's Basketball Tournament]. Gregg Wheeler encouraged others to visit a new restaurant that opened at 2003 E 11 Street m Manette called ORION's, and noted they have a new menu each month He reported on his attendance at a recent meeting of the Downtown Business Association, and challenged citizens to think about 3 local businesses that would be missed if they were gone and then frequent those businesses He also provided a brief report on the Salvation Army homeless shelter which is now serving 8 families Roy Runyon announced the opening of the Kitsap Entrepreneurial Center (KEC), a new not - for- profit business incubator located at 245 4 th Street, Suite 204 and may be reached at (360) 782 -6800; and encouraged people to contact Bremerton Foodiine at (360) 479 -6188 or www bremertonfoodline ora and offer to volunteer He also thanked Mayor Lent for her service on the KEDA Board Adam Brockus reported on a Community -wide Meeting held yesterday regarding proposed changes in the railing on the new Manette Bridge, and invited the public to attend his regular District 3 Meeting on Tuesday, March 29 from 6 30 to 8 00 PM at the Senior Center with featured guest speakers Wayne Hamilton and Larry Matel of Public Works & Utilities to lead a discussion on "Streets and Sewers" Jim McDonald provided a briefing on the recent KRCC Transportation Policy Board Meeting he attended with fellow Council Member and Board Member Carol Arends, and announced the Parks Department was hosting "Lions Park Community Planting Day" to seek help with planting over 600 plants around the park on Saturday, March 26 from 9 00 to 11 00 AM Will Mauoin as Chair of the Kitsap Transit Policy Board, discussed in detail the issues discussed at the American Public Transit Association's annual Legislative Conference he recently attended in Washington DC. With no further business, President Mauoin adjourned the Council Meeting at 6 25 PM Prepar d and Submitted by LO NI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM•CE Is cg DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: City Council Meeting Minutes Committee Meeting Date: N/A for meeting of COUNCIL MEETING Date: 126 .1 - 3, ;L0 ( I Department. City Council Presenter: Will Maupin, Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held MO rk--A a3, 20 /r ATTACHMENTS: Meeting Minutes for PA & y,. 2-3, -?-o / FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR. Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N /A COMMITTEE CHAIR N/A COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES March 23, 2011 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 th Street, Bremerton, Washington, Wednesday, March 23, 2011, at 5 00 PM, with Council Vice - President Adam Brockus presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, and Jim McDonald President Will Maupin and Council Member Cecil McConnell were absent Council Assistant Christine Grenier was present to provide staff support Vice - President Brockus emphasized 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 NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee, and will be placed on the April 6, 2011 Council Meeting Agenda 1 Purchase of one (1) 2011 Ford Escape Hybrid for the Water Resource Division — Jim Orton, Facilities Manager, and Jim McDonald, Public Works Committee Chair Consent Agenda 2 Amendment No 1 to Interlocal Agreement with the Kitsap County Health District for Kitsap Regional Illicit Discharge Detection and Elimination (IDDE) Clean Runoff Project — Kathleen Cahall, Water Resources Manger, and Jim McDonald, Public Works Committee Chair Consent Agenda 3 Greens Superintendent Agreement with Ed Faulk Operations, LLC for Gold Mountain Golf Complex — Wyn Birkenthal, Parks & Recreation Director, and Jim McDonald, Public Safety & Parks Committee Chair Consent Agenda 4 Golf Management Agreement with Scott Alexander's Golf Shop, Inc for Gold Mountain Golf Complex — Wyn Birkenthal, Parks & Recreation Director, and Jim McDonald, Public Safety & Parks Committee Chair Consent Agenda 5 Lease Agreement with Scott Alexander's Golf Shop, Inc for Gold Mountain Golf Complex — Wyn Birkenthal, Parks & Recreation Director; and Jim McDonald, Public Safety & Parks Committee Chair Consent Agenda 6 Goods & Services Agreement with Will Robinson for Lions Park Whale Play Sculptures — Wyn Birkenthal, Parks & Recreation Director, and Jim McDonald, Public Safety & Parks l Committee Chair Consent Agenda B FULL DISCUSSION ITEMS 7 Project Design Agreement with Puget Sound Energ (PSE) for Schedule 74 Underground Conversion of Pacific Avenue Improvements from 6 to 11 Street— Larry Matel, Managing Engineer, Transportation & Stormwater Utility, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair General Business 8 Proposed resolution to establish May 18, 2011 as a Hearing Date to vacate an Alley for Olympic College between 13 and 15 Streets, West of Warren Avenue — Gunnar Fridriksson, Civil Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda i I City Council Study Session Minutes Wednesday, March 23, 2011 Page 2 of 2 9 Proposed public hearing on a resolution to declare Reservoir No 14 (located at the southwest comer of Ironsides Avenue & East 17` Street) City Water Utility Property Surplus — Gunnar Fndnksson, Civil Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Public Hearing The Council recessed from 6 00 to 6 10 PM C GENERAL COUNCIL BUSINESS a Council Committee Chair reports were provided, and b General Council Business was discussed Vice - President Brockus adjourned the Study Session at 7 00 PM Prepared and Submitted by CHRISTIN RENIER Council /Auditor Assistant Attest CAROL ETGEN, City Clerk ADAM BROCKUS, City Council Vice - President AB CE Is cg I I i DATE SUBMITTED- AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeoeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeee � SUBJECT: City Council Meeting Minutes Committee Meeting Date N/A for meeting of COUNCIL MEETING Date. p maffl� 30 / Department. C ty Council Presenter. Will Maupin, Council President Phone- (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held Kowch 3 0, '�Lo I ATTACHMENTS: Meeting Minutes for I ► `s rch 30, �)- 0 ( ( FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR- Council President CITY ATTORNEY- N/A FINANCE DIRECTOR: N/A MAYOR- N/A COMMITTEE CHAIR N/A COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES March 30, 2011 A Special Meeting 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, March 30, 2011, at 5 00 PM, with Council Vice - President Adam Brockus presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Cecil McConnell, and Jim McDonald President Will Maupin was absent Legislative Assistant Lon Smith was present to provide staff support Vice - President Brockus emphasized that the Special Meeting was open to the public, however there would be no opportunities for input or participation and that no action will be taken A STREET FUNDING OPTIONS Vice- President Brockus called a recess from 6 07 to 6 20 PM B GENERAL COUNCIL BUSINESS a Council Committee Chair reports were provided, and b General Council Business was discussed. Vice - President Brockus adjourned the Study Session at 6 30 PM Council then reconvened for a 30- minute Exempt Closed Session to discuss "Labor Negotiations and Proceedings" per RCW 42 30 140(4)(b) Prepared and Submitted by LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk ADAM BROCKUS, City Council Vice - President AB CE Is cg DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL 15E SUBJECT: Purchase of one Ford Escape Committee Meeting Date March 8,201 l ; 3 L23�1 t Hybnd COUNCIL MEETING Date A& 1 (v , loll Department ERR Presenter Jim Orton Phone 5359 SUMMARY: The approved 2011 budget for ER &R shows the replacement of one 2002 Chevrolet Blazer for the Water Resource Division The requested replacement is a 2011 Ford Escape Hybrid with all required options The purchase will be made using Washington State contract 05510 and the authorized dealer is Columbia Ford of Longview Washington. Total purchase cost is $33,535 51 including Washington State sales tax I would like to request that the replaced vehicle be reassigned to the motor pool ATTACHMENTS: Copy of Washington State Contract 05510 FISCAL IMPACTS (Include Budgeted Amount) Funding available thru the 510er P , .LT��^- , �- 0 �' If ►�bc 1 d ' i� vtGu cR er be ti ( P L a Ck el Ji C � i ( d A-e L4 + -ft- . Irv`. C R �w� f -C C' rn A � n Aj uipk , a� � rn C', n +e f- �.,. Gz.n APPROVALS: DEPARTMENT DIRECTOR ` CITY ATTORNEY FINANCE DIRECTOR - L MAYOR COMMITTEE CHAIR �,� �f' `T/ COUNCIL PRESIDENT CONSENT AGENDA LJ GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to authorize the purchase of one 2011 Ford Escape Hybnd in the amount of $33,535 51 including Washington State sales tax COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Current Contract Information Contract No 05510 Price Sheet Order Form Page 5 TO ORDER COMPLETE PRICE SHEETS AND SUBMIT WITH STATE FORM A -15A PURCHASE REQUISITION TO OFFICE OF STATE PROCUREMENT BEFORE MARCH 31, 2011. ONLINE ORDERS MAY BE PLACED AT httns.11 fortress. wa. ?ov /Qa/inet/vehrea/vehmenu.htm TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLY AS POSSIBLE HYBRID SMALL UTILITY VEHICLE VEHICLE TYPE UTILITY VEHICLE, FRONT WHEEL DRIVE MAKE/MODEL FORD ESCAPE HEV FWD EQUIPMENT INCLUDED IN NET PRICE - 4 door, 5 passenger seating - Dome Light w/Map Lights and Rear Cargo Light - Front bucket seats w/ adjustable seat backs, split bench - Tinted glass, front, privacy glass rear rear seat, cloth material manufactured from 100% - Remote keyless entry w/ two key FOBS w /Integrated Keys recycled materials plus Two separate Keys - 2 5 liter, 4 Cylinder Hybrid Gas/Electnc engine - All Factory Standard Equipment including - Airbags, driver and front passenger, side air cushions Power door locks/windows w/ rollover sensor & front & second row side bags Power Driver's seat, Height adjustable - Automatic transmission, electronically controlled, Power Outlet 110V w /front console continuously variable 3 04 1 Rear Axle Ratio - P235/70R 16 all season steel belted radial tires, Washer /wiper, rear window Aluminum wheels (SAE Class "S" Cables -Front Only) Tachometer - Compact size spare tire & wheel, underbody mounted HD Rear Bumper - Full length hardtop, cloth headlmer(Non Metallic) Compass/Outside Temp - Carpeted floor covering Overhead Console - Cruise control/Tilt Steering Wheel Fog Lamps - Air conditioning (CFC free) Height Adjustable Front Seat Belts - Power brakes, four wheel anti lock, disc, regenerative AM/FM /Single disc CD w/MP3 Capability braking 3 yr /36,000 mile warranty (8 yr /100,000 on hybrid - Power steering system & battery pack) - Auxiliary power sources Rear lift gate door - Dual power exterior mirrors, black Engine Oil Cooler - Electric rear window defroster Sync Communications System - Intermittent wipers Carpeted Floor Mats, front & rear - Electronic Stability Control Tire Pressure Monitoring System My Key, Programmable Key System NHTSA Crash Test Ratings(2010) Frontal(D/P) 515 Side (F/R) 515 Rollover 3 SULEV lI CA EMISSION CERTIFICATION, GAS MILEAGE 34 CITY 31 HWY MERCURY FREE VEHICLE LEAD FREE WHEEL WEIGHTS VEHICLE MEETS DEPARTMENT OF ECOLOGY SPECIFICATIONS FOR LOW EMISSION VEHICLES DEALER Columbia Ford (W403) DEALER CONTACT Mane Telltnghiusen or Steve San 700 T" Ave PHONE (360) 423 -4321 Longview, WA 98632 EMAIL manet @colford.com DELIVERY 60 -120 days ARO FEDERAL TAX ID NO 91- 0650166 PAYMENT TERMS *$200 per vehicle discount for payment within 20 days of delivery, Net 30 NET PRICE (Vehicle equipped as above, delivered to any point within the State of Washington, exclusive of Federal Excise and j betore 8.2% State Sales Tax) COMMODITY CODE VEHICLE DESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION 2311 -962 -001 Hybrid Small Utility Vehicle, 2011 Ford 1 S27,86000 * $ 27.860 Escape HEV FWD (U4K/500A) NO COST EXTERIOR COLORS INDICATE QUANTITY OF COLOR(S) SELECTED Oxford White 1 , Tuxedo Black (UH) Steel Blue , Lime Squeeze (SQ) , White Suede , Ingot Silver (Complimentary standard interior color will be selected by Dealer) (I) Tire Chain Compatible 11 A I 1 0 IAiITA I I I n IWrv6nr Current Contract Information Contract No 05510 Price Sheet Order Form Page 6 COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE CODE QTY EXTENSION 2311- 962 -010 Credit for pickup from selling dealer instead of vehicle $(130.00) $ being driven to customer (Orders for Eastern WA Area Code 509) (DLR) (Deduct)* 2311- 962 -011 Credit for pickup from selling dealer instead of vehicle $(3000) being driven to customer (Orders for Western WA Area Codes 206, 253, 360, 425, (DLR) (Deduct)* 2311- 962 -012 Cargo Area Cover (DLR)* 1 $14000 140.00 2311- 962 -013 Cargo Area Tray (DLR)* 1 $12900 129.00 2311- 962 -014 Daytime Running Lights (942) 1 $3800 38.00 2311- 962 -015 Heater, Engine Block (41H) $3000 2311- 962 -016 Keys, Set of 2 Instead of 4(Deduct)(DLR)* $(20.00) 2311- 962 -017 Manuals, Parts and Service, CD (DLR)* 1 $22500 225.00 2311- 962 -018 Mud Flaps, Set of 4 (DLR)* 1 $8000 80.00 2311 -962 -019 Roof Rack Cross Bars (Black)(6IX) $3800 2311- 962 -020 Remote Keyless Entry, Additional Transnutter $5900 (No Ke (DLR)* 2311- 962 -021 Remote keyless Entry, Additional Key w/Integrated Key 1 $11300 113.00 FOB (DLR)* 2311-962-022 Spotlight, 6 inch, Clear Lens, Pillar Mounted, Left $33500 (DLR)* 2311- 962 -023 Tires, All Terrain, LT225/75R16,Set/5 DLR)* 1 $75700 757.00 2311- 962 -024 Four Wheel Drive Model instead of Front Wheel Drive $1,57200 with all other contract required equipment (30 mpg city 1572.00 and 27 Hwy) (Intelligent 4WD System) (U5K/500A) 1 2311- 962 -025 Undercoating (DLR)* $14500 2311-962-026 Warranty Delayed Start www fordwsd com (DLR)* $000 2311-962-027 Manufacturer to Dealer Order Acknowledgement $000 Document Faxed to Customer (DLR)* 2311- 962 -028 Stock Vehicle Up Charge, Dealer Stock Vehicle with All $25000 Contract Required Equipment, Delivery Within 7 Days When Available (DLR)* 2311- 962 -029 Fire Extinguisher, 2 5# Dry Cherrucal ABC Rated w/ $3800 Mounting Bracket, Delivered w/ Vehicle, Uninstalled (DLR)* 2311- 962 -030 Push Bumper Steel w/ Horizontal Rubber Push Pads $28800 installed (Setina PB400)(DLR)* 2311- 962 -031 Floor Mats, HD Rubber (Set 4)(Also retains Std Carpeted 1 $8000 80.00 Mats)(DLR)* 2311- 962 -032 Full size Spare (DLR)* $25900 2311- 962 -033 Step Bars (187) $29900 2311-962-034 Flare Kit, 3 Pc Triangle w /storage box for roadside $3800 emergency use, Delivery w /vehicle, uninstalled (DLR)* 2311- 962 -035 Manuals, Parts and Service, Paper (DLR)* $24500 SUBTOTAL 30,994.00 +8 2% SST 2,541.51 TOTAL 33,53551 DATE SUBMITTED 3 -3 -2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Committee Meeting Date March 8 and 23, 2011 Amendment #1 COUNCIL MEETING Date April 6, Interlocal Agreement between Department Public Works 8t Utilities Kitsap County Health District and Presenter K Cahall, Wtr Res Mgr City of Bremerton for IDDE Grant Phone 473 -2315 SUMMARY: The Kitsap County Haft District (KCHD) was awarded a Department of Ecology (Ecology) Stonmwater Implementation Grant to fund the Kitsap Regional Illicit Discharge Detection and Elimination (IDDE) Clean Runoff Project to coordinate stormwater pollution prevention activities for several Kitsap County jurisdictions, mcludmg Bremerton We have been working on this grant since early 2009 One of the scope items was for the City to inspect and assist businesses with proper stormwater best management practices which was completed in 2010 There is also a scope item to provide follow -up visits with locations with deficiencies Because of a lack of personnel at the City to perform the follow -up visits, the health district has agreed to conduct the follow -up visits for all the jurisdictions working under tins grant Thus ILA Amendment #I is to allocate the funding to do this work to the health district ATTACHMENTS: Amendment #I Interlocal Agreement between Kitsap County Health District and City of Bremerton for IDDE Grant FISCAL IWACTS (Include Budgeted Amount) The original amount for Bremerton in the grant for Task 3 "Commercial Property Inspectnon/Education" was $108,000 and this will be reduced by $20,000 to $88,000 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIRa (f COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ M,r�a Te Affeaver PUBLIC HEARING ❑ RECOMMENDED MOTION: It is "eaffliffe"dw the Amendment #I to the mterlocal agreement be -Rppnd 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 AMENDMENT NO.1 c4odgifw TO INTERLOCAL AGREEMENT Between KITSAP COUNTY HEALTH DISTRICT And THE CITY OF BREMERTON PURPOSE: To amend the above - referenced interlocal agreement between the City of Bremerton, hereinafter referred to as "City," and Kitsap County Health District hereinafter referred to as "District," for the Kitsap Regional Illicit Discharge Detection and Elimination Clean Runoff Project This amendment is needed to ensure the efficient implementation and completion of the project Deficient stormwater systems and other sources of bacterial contamination will be corrected through a combination of education and enforcement of local solid waste regulation and City ordinances regarding stormwater maintenance. The City has agreed to fund follow -up inspections of commercial properties identified as deficient IT IS MUTUALLY AGREED that the interlocal agreement is amended as follows: Exhibit A. Task 3 - Commercial Property Inspection and Education 1 City staff will participate in training workshops for performing commercial property inspections 2 The City will perform commercial property joint site visits within their jurisdiction. The City will notify the targeted commercial property of the water quality problem and upcoming inspection site visit This notification will include general information about the impacts of illicit discharges and how to report them. 3 Site visits will determine if the stormwater system requires maintenance and if illicit discharges are present Following this site visit, the City will notify the property owner of the satisfactory inspection result or of the deficiency needed to be corrected. 4 Follow -up site visits for maintenance will be performed by the City Di strict The City may assist the District with investigations of illicit discharges The District will provide pmrhes identified with dhcit discharges or severe lack of maintenance technical austance to correct these deficiencies These NoWrttes may requue additional focus and site visits by the District. and qgNbly in nartnerslnp with the City to address stormwater system stnictiues. best management practices. and possible enforcement actions, 6 Illicit discharges from sewer infrastructure will be jointly investigated by the City and District, and may use video inspection, dye testing or pressure testing methods (Sewer System Iribrastnichire Analysis and Rehabilitation, EPA /625 /6- 91/030, October 1991) Interlocal Agreement Amendment NO.1 Kitsap Regional IDDE Project Page 2 of 2 Exhibit B. Project Budget (Reimbursement Amount and Match Requirements) The project budget is amended as follows: $20,000 is subtracted from Task 3 and provided to the District to perform follow up site visits. Kitsap Regional Illicit Discharge Detection & Elimination Clean Runoff Project TOTAL ELIGIBLE ELEMENTS COST (TEC) Task 3 - Commercial Property Inspections and $108,000 88,000 Education FURTHER, this amendment is effective on March 2, 2011. Except as expressly provided by this amendment; all other terms and conditions of the original interlocal agreement and all amendments thereto remain in full force and effect IN WITNESS WHEREOF: the parties have executed this amendment CITY OF BREMERTON KITSAP COUNTY HEALTH DISTRICT Mayor, City of Bremerton Chair, Kitsap County Board of Health Date: Date: 2 f DATE SUBMITTED. 3/15/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL eeeeseeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseee ••eeeeeee SUBJECT: Gold Mountain Golf Course Committee Meeting Date: March 23 2011 Greens Superintendent Agreement with Ed COUNCIL MEETING Date: April 6" , 2011 Faulk Operations, LLC. Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: 473 -5752 SUMMARY: The attached Agreement between the City of Bremerton and Ed Faulk Operations, LLC provides the City with Greens Superintendent Services at Gold Mountain Golf Complex through December 31' , 2012. The Agreement continues the City's successful relationship with Ed Faulk to maintain the Olympic and Cascade courses in outstanding condition for the golfing public. The agreement reflects the current economic conditions in the golf industry which call for a flat revenue outlook and the need to seek ever greater efficiency in the provision of golf services. ATTACHMENTS: Greens Superintendent Agreement FISCAL IMPACTS (Include Budgeted Amount): Payment for Services included in the 2011 Gold Mountain Golf Complex Operating Budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: � e CONSENT AGENDA J� GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Ed Faulk Operations, LLC 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 GREENS SUPERINTENDENT AGREEMENT THIS AGREEMENT is between the CITY OF BREMERTON, a municipal corporation (hereinafter referred to as "City ") and ED FAULK OPERATIONS, LLC., a Washington limited liability corporation, (hereinafter referred to as "Contractor "). WHEREAS, the City is the owner of Gold Mountain Golf Club, which ownership includes the land upon which said golf complex is located, the buildings and other improvements which are a part thereof, and WHEREAS, the Gold Mountain Golf Club consists of two 18 hole golf courses, the Olympic and the Cascade course, ( "Golf Courses" or "Courses "), a driving range, the clubhouse and other related facilities and structures, collectively also referred to herein as ( "Golf Club ") WHEREAS, the City previously entered into an agreement with Ed Faulk, Contractor's principal ( "Principal "), for greens maintenance and related services at the Golf Club; and WHEREAS, the current agreement between the City and Contractor for these services expires December 31, 2010; and WHEREAS, the City desires to enter into a new agreement with Contractor for greens maintenance and related services at the Golf Club, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows 1. SCOPE OF WORK. The City hereby agrees to retain the Contractor to maintain and improve the Golf Club as follows: (a) The Contractor shall maintain and improve the Golf Club grounds, to include clubhouse grounds and surrounding areas, which will meet or exceed the standard in the industry for public courses in the Puget Sound region, and as more thoroughly specified in Exhibit A (b) The Contractor shall devote its attention and energy on a full time basis to the performance of duties as Greens Superintendent for the City during the term of this agreement. Contractor and its employees shall conduct themselves at all times and in all matters in accordance with the standards accepted for Greens Superintendents. The Contractor's Principal is required to be a member of the Golf Superintendent's of America, the Western Washington Golf Course Superintendent's Association, and the Northwest Turf Grass Association i (c) The Contractor shall report directly to the Director of Parks and Recreation or assigned designee ( "Director ") and work closely with the Golf Professionals who manage the golf operations of the Golf Club The Contractor and Golf Professionals shall 1 Greens Superintendent Agreement mutually agree upon the open and start of play daily, with the Director resolving any conflicts. In all instances, the start time will be set to maximize the Golf Club's availability to the public. (d) The Contractor's Principal shall attend all meetings of the Gold Mountain Golf Complex Board of Directors. The Contractor may recommend and submit changes in policies and procedures to the Golf Complex Board at any regular meeting. (e) The Contractor shall maintain a good credit rating in all commercial transactions so as to not discredit the reputation or name of the City of Bremerton. (fl The Contractor shall supervise, direct, and train its staff to perform the duties and meet the requirements specified in Exhibit A (g) The Contractor's Principal agrees to be available to attend regular and special meetings of the Parks and Recreation Commission, and City Council, and shall be prepared to discuss issues and ideas of interest to the Contractor and City. (h) The Contractor will comply with all auditing and accounting requirements set forth by the City The Contractor's books and records will be open to inspection at any time during normal business hours. 2. TERM. The term of this Agreement Lease shall be two (2) years commencing on January 1, 2011 (the "Commencement Date ") and shall terminate on December 31, 2012, unless otherwise earlier terminated in accordance with Section 14. 3. PERFORMANCE. The Contractor shall supervise and direct the work as provided for in this Agreement, using its best skills and attention From the perspective of grounds safety and turf condition, the Contractor shall have the sole authority to declare when the courses are open for golf play and when golf carts will be allowed on the courses Any maintenance practices or renovation projects that would disrupt play will be mutually agreed upon by the Contractor, Golf Professionals and Director. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures for coordinating all portions of the work contemplated by this Agreement. 4. COMPENSATION. The Contractor will be paid the annual sum of SEVEN HUNDRED SEVENTY -EIGHT THOUSAND THREE HUNDRED TWELVE AND NO /100 DOLLARS ($778,312 00) for the services described herein Annual compensation will be paid in 24 equal installments, twice monthly, on a mutually agreed schedule. The parties acknowledge and agree that, except as otherwise provided for in this Agreement, this compensation covers all the Contractor's costs of operations including- (a) Labor costs including, but not limited to, medical coverage for Contractor's employees, payroll, insurance, L &I, Board Expenses, dues, laundry, and travel (b) Taxes and fees including, but not limited to, retail sales, state and local B &O, federal income, social security, and unemployment, and 2 Greens Superintendent Agreement (c) Other costs and expenses related to Contractor's operations under this Agreement at the Golf Club 5. AGREEMENT OPENER. In the event of extraordinary circumstances, such as mayor capital improvements to the facilities or a mayor tournament, requiring the Contractor to perform significant additional work, the parties may revisit the compensation set forth in Section 4 above and negotiate additional compensation for the additional work pursuant to a separate agreement or as an amendment to this Agreement 6. PURCHASING. All supplies, capital and equipment expenditures used by Contractor in the maintenance of the facilities such as fertilizers, small tools and parts for maintenance equipment, will be the responsibility of the Department of Parks and Recreation The Contractor agrees to coordinate all purchasing requests for such items through the Director 7. FACILITIES AND EQUIPMENT. The Contractor will have the use of the City's maintenance facilities at the Golf Club for the duration of this Agreement, at no cost to the Contractor The Contractor agrees to keep the building in a clean and orderly condition throughout the term of this Agreement. The Contractor agrees to make necessary minor repairs to the maintenance building. In the event of mayor damage or destruction to the maintenance building that is not the responsibility of the Contractor, the City agrees to repair or replace said building. Contractor will promptly notify Department of Parks and Recreation of any building defects. The Golf Club equipment including, but not limited to, the irrigation system, drainage, benches, trash receptacles, flag sticks, ball washers and maintenance equipment shall be provided by the City and be maintained in good working condition by the Contractor, and remains the property of the City. The Contractor agrees to maintain the irrigation system in good working condition Repairs and maintenance of the pump station beyond the capabilities of the Contractor will be the responsibility of the City Unless specifically provided otherwise herein, all equipment for maintaining the Golf Club, as specified in this Agreement, shall be provided by the City 8. RELATIONSHIP OF PARTIES. Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise Contractor and its employees are independent contractors and not employees of the City Contractor and its employees have no authority to bind the City or to control the City's employees and other contractors It is agreed and understood that the Contractor shall be solely responsible for the hiring and finng of its employees All employees retained by Contractor to perform services under this Agreement shall be employees of Contractor and not employees of the City Contractor shall be responsible for payroll, payroll taxes, FICA, federal taxes, workers compensation, Labor & Industry, and medical insurance premiums and all other benefits associated with employment with Contractor 3 Greens Superintendent Agreement As an independent contractor, Contractor 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 Contractor or its employees. 9. INSURANCE. Contractor agrees to purchase a policy of liability insurance which shall protect it and its employees from any loss caused by property damage or personal injury at the Golf Club Said insurance policy shall be in the amount of One Million Dollars ($1,000,000 00) for each occurrence. The Contractor agrees that said insurance shall name the City of Bremerton as an additional insured A copy of the certificate shall be required to be kept on file with the City Risk Manager 10. SUPERVISION. Contractor shall report directly to the Director and shall cooperate and work closely with the Golf Professionals. In those situations where conflict of interest arises, the situation will be brought immediately before the Director for resolution. 11. LIENS AND INSOLVENCY. The Contractor shall not allow any property of the City to become encumbered with liens of any sort by reason of its action or omission. 12. INDEMNITY. The Contractor agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, ansing or alleged to have arisen directly or indirectly out of or in consequence of the performance of Contractor under this Agreement, whether such injuries to persons or damage to property is due to the act, omission or negligence of Contractor, its employees, subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent that the City is judicially found solely negligent for such damage or injury 13. NONDISCRIMINATION. Contractor shall not discriminate in the employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, sexual orientation or disability, except employment actions based on a bona fide occupational qualification 14. TERMINATION. This Agreement will terminate upon the happening of any of the following events (a) Upon its normal termination if not renewed. (b) Upon the death of the Superintendent's Principal (c) The physical disability of the Superintendent's Principal which substantially prevents the Principal from performing his duties for a continuous period of one (1) month or for an aggregate of three (3) months during each calendar year (d) Principal's conviction of a gross misdemeanor or felony 4 Greens Superintendent Agreement (e) Mayor damage or destruction of the Golf Club property, structures or equipment that is the subject of this Agreement, when the City decides not to rebuild, and that damage or destruction will prevent Contractor from substantially performing its obligations under this Agreement. (f) Continuing inattention or neglect of duties. (g) Suspension of Principal from those associations listed under Subsection 1(b) for more than thirty (3 0) days. (h) Substantial breach of any provision of this Agreement In the event of termination of this Agreement by reason of Principal's death or disability, the Contractor shall be paid its compensation to and including the month of death, or in the event of disability, the Contractor shall be paid to the last day of the month in which termination occurs. 15. BREACH AND CURE. In the event that either party claims that the other party is in violation of subsection 14(f) (g) and/or (h) of this Agreement, the party claiming the violation may give the other party a written notice of breach. The party in breach shall have thirty (30) days after notice within which to correct any activity or conduct claimed by the other to have constituted a breach of the Agreement Upon mutual agreement, a conference may be called between the parties in which case every reasonable effort shall be made to reach an amicable solution At said conference, either party shall be entitled to have representatives present. In the event that either party shall, within said thirty (30) day period, fail to either correct the activity claimed to constitute a substantial breach of this Agreement or notify the other party in writing of their denial of said substantial breach of this Agreement, then, in such event, this Agreement shall cease and terminate as of the expiration of the thirty (30) day period. 16. NOTICE. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and personally served or sent by registered or certified mail. In the case of the Contractor, it may be mailed to PO Box 4130, Bremerton, Washington 98312, and in the case of the City Bremerton City Clerk, 345 Sixth Street, Suite 600, Bremerton, Washington 98337. i I 17. OTHER. (a) Applicable Law: This Agreement shall be controlled by the laws of the State of Washington Contractor shall perform and comply with all applicable laws of the Untied States and the State of Washington, the Charter, Municipal Code and Ordinances of the City of Bremerton, and rules, regulations, order and directives of their administrative agencies and the officers thereof I 5 Greens Superintendent Agreement (b) Severability: The invalidity or unenforceability of any provision hereof shall, in no way, atTect the validity or enforceability of any other provision. (c) Waiver: Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach (d) Modification Any waiver, alteration or modification of any of the provisions of this Agreement or cancellation or replacement of this Agreement shall not be valid unless in writing and signed by the parties (e) Entirety: This Agreement, including the exhibits attached hereto and forming a part hereof, are all of the covenants, promises, agreements and conditions, either oral or written, between the parties. (f) Remedies: Rights under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion. The use of one remedy shall not be taken to exclude or waive the right to use another. (g) Licenses and Fees: Contractor shall secure and maintain, in full force and effect during the term of this Agreement, all required licenses, permits and similar legal authorizations and comply with all requirements thereof. Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement These taxes and fees include but are not limited to State industrial insurance, B &O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges ansmg from the delinquency, from any payments due Contractor. (h) Use of Facilities and Equipment: The Contractor and its employees shall use the facilities herein described for those purposes and only for those purposes enumerated herein and other complex related maintenance items, and for no personal uses. (i) Fidelity Bond: Contractor shall enter into an honesty and fidelity bond in the sum of Ten Thousand Dollars ($10,000 00), naming the City as the insured thereunder. I IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated CITY OF BREMERTON ED FAULK OPERATIONS, LLC PATTY LENT, Mayor By. ED FAULK Its. DATE DATE 6 Greens Superintendent Agreement i ATTEST: CAROL ETGEN, City Clerk APPROVED AS TO FORM ROGER A. LUBOVICH, City Attorney R \LEGALTilesTueent Active \Greens Supenntendent Agreement 2011 doc 7 i Greens Superintendent Agreement EXHIBIT A The City hereby agrees to retain the Contractor to maintain and improve the Gold Mountain Golf Complex courses, to include clubhouse grounds and surrounding areas, and through Contractor's efforts will strive to have the condition of the Gold Mountain Golf Complex in the best possible shape, subject to budgetary and environmental limitations within which the Contractor must perform this work. The Contractor does agree to conform to the generally accepted standards and practices of similar golf courses in the Western Washington region. MAINTENANCE STANDARDS: The following are the parameters of the maintenance practices and programs for the Cascade and Olympic courses: A. Maximum Mowing Heights Cutting Height Settings Summer Winter Tees 1/2" 1/2" Fairways 1/2 1 /2 Roughs 1-1/4 1-1/4" Collars 1/2" 1/2" Greens .125" 150" B. Mowing Standards Frequency Per Week Summer Winter Tees 2 As Needed To Fairways 3 Maintain Maximum Roughs 2 Mowing Heights Collars 3 Greens '7 C. Bunkers Raked Frequency Per Week Summer Winter 3 As Needed D. Aeritication Greens And Aprons All greens aerification will be coordinated with the pro staff to mitigate impact to tournaments and special events, and timed to maximize revenues Greens Superintendent Agreement Spring. Aenfication will be performed with a minimum 5/8" hollow tines Fall: Ainfication will be performed with a minimum 5/8" hollow tines Tees. Fairways And Greens Surrounds - These areas will be aenfied a minimum of once per year with 3/4" hollow tines. E. Capital Projects Capital projects that have been approved by the City that can be accomplished with the knowledge and skills of the Golf Complex maintenance staff but would require additional labor will be negotiated as a separate contract or an addendum to the current contract. Construction of new tees on Cascade Course will continue as manpower and conditions allow. Upgrading irrigation system on Cascade Course, i e. new satellites and sprinkler heads will continue as budget allows F. Regular Maintenance Practices Light sand top - dressing of the greens will be done monthly during the growing season Cup location and tee markers will be changed daily during the growing season Fairway divots will be filled with sand and seed monthly Divots on tees will be filled with sand and seed daily Divots on driving range tee will be filled with sand and seed a minimum of 4 days per week Both courses will be kept free of storm blow -down and branches Encroaching brush and Scotch Broom with be cut back yearly Cart paths and bunkers will be edged a minimum of once per year All restrooms will be cleaned and sanitized daily Clubhouse lawns and landscaping will be maintained regularly Greens Superintendent Agreement I Parking lot and entry road will be kept clean and debris free G. Equipment Maintenance Regularly scheduled maintenance will be performed on all equipment to minimize costly repairs and equipment down time All repairs and parts will be documented to help identify problem equipment and determine cost effectiveness of repair vs replacement All cutting unit blades will be sharpened regularly to ensure a precise clean cut in order to keep the turf healthy and the playing surface smooth H. Irrigation The Contractor will maintain the irrigation system to the best of his abilities. The City will contract with an outside agent for preventive maintenance of the irrigation pump stations on both the Olympic course and the Cascade Course The Contractor will work with the City's Water Resource Manager to coordinate water usage and water pressure concerns. I. Chemical Use The Contractor will work closely with the Water Resource Division of the City in the use of chemicals and their application at the Gold Mountain Golf Complex. A list of all pesticides and other chemicals must be maintained by the Contractor including the MSDS information sheets, dates and time applied, the person who applied the chemical and other information that may be required by OSHA, WISHA, Department of Labor and Industry, EPA and any other city, county, state, or federal agency that would have enforcement authority. J. Fertilization The Contractor will set up a fertilization program for the Golf Complex and work closely with the Director of Parks and Recreation to determine a yearly budget for fertilizer. K. Tree Removal Hazardous trees will be removed by the Gold Mountain maintenance crew as required for safety The Contractor will work with the City Forestry Manager for removal of any trees that are not related to safety Greens Superintendent Agreement DATE SUBMITTED• 3/15/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Gold Mountain Golf Course Committee Meeting Date: March 23` 2011 Golf Management Agreement with Scott COUNCIL MEETING Date: April 6 2011 Alexander's Golf Shop Inc. Department: Parks and Recreation Presenter: Wyn BirkenthalUeff Elevado Phone: 473 -5752 SUMMARY: The agreement with Scott Alexander's Golf Shop, Inc. for the Gold Mountain Golf facility provides the City with golf management, course operation and marketing services through December 31" 2012. The agreement continues a successful partnership with Scott Alexander to operate Gold Mountain as one of the premier municipal golf complexes in the Pacific Northwest and is reflective of current trends in the golf industry regarding static revenue outlook over the next several years. ATTACHMENTS: Agreement FISCAL IMPACTS (Include Budgeted Amount): Compensation covered by 2011 budgeted course revenue APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Scott Alexander's Golf Shop, Inc. 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 GOLF MANAGEMENT AGREEMENT THIS AGREEMENT made and entered into on the date fully executed by and between the CITY OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter referred to as "City "), and SCOTT ALEXANDER'S GOLF SHOP, INC., a Washington Corporation, (hereinafter referred to as "Contractor "), to provide professional golf management and services pursuant to this Agreement, at the City of Bremerton Gold Mountain Golf Club WHEREAS, the City is the owner of Gold Mountain Golf Club, which ownership includes the land upon which said golf complex is located, the buildings and other improvements which are a part thereof, and WHEREAS, the Gold Mountain Golf Club consists of one 18 -hole golf course known as "Cascade Course ", one 18 -hole golf course known as the "Olympic Course ", a driving range located adjacent to the Cascade Course ( "Driving Range "), and the clubhouse containing a Pro Shop, restaurant, the Cascade room and the Olympic room, ( "Clubhouse "), and other related facilities and structures, collectively also referred to herein as ( "Golf Club ") WHEREAS, the City desires to enter into a new Golf Management Agreement with Contractor for management of the Cascade and Olympic golf courses, Clubhouse, Driving Range and Pro Shop, and for providing professional golf services and lessons to the facility, said new agreement superseding the terms of all prior agreements; and WHEREAS, the parties hereto have also simultaneously executed a lease whereby Contractor leases the Clubhouse for operation of a Pro Shop, restaurant which includes cart food and beverage services for the golf courses and golf cart service, and further leases the Driving Range as well as a cart pad to operate Contractors private golf cart rental business ( "Lease "); and WHEREAS, it is the intent of this Agreement to have the Contractor provide management services to the Gold Mountain Golf Club in accordance with the terms and conditions of this Agreement NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows- 1. PURPOSE AND ADMINISTRATION. (a) The purpose of this Agreement is to establish a management services agreement whereby contractor will provide certain management and related services at City -owned golf facilities This Agreement is not a lease, nor does it create a leasehold interest other than similar property interest in Contractor to the City's facilities (b) Contractor will be responsible for performing all work and/or services described herein. The Contractor's performance will be monitored and reviewed by the City of Bremerton Director of Parks and Recreation, or his or her designee, (hereinafter "Director ") Contractor shall report directly to the Director and work closely with the Greens Superintendent Reports Golf Management Agreement Page 1 of 16 and data required to be provided by the Contractor shall be delivered to the Director. Questions of the Contractor regarding interpretation of the terms, provisions and requirements of this Agreement shall be addressed to the Director for response. 2. PREMISES. The facilities of the Golf Club to be managed by the Contractor pursuant to this agreement include the Cascade and Olympic Golf Courses, and related facilities, hereinafter ( "Premises ") 3. TERM. The term of this Agreement shall be two (2) years commencing on January 1, 2011 (the "Commencement Date ") and shall terminate on December 31, 2012, unless otherwise earlier terminated in accordance with Section 14 4. SCOPE OF SERVICES. (a) General Services. The Contractor's responsibilities include promoting and managing the use of the Golf Courses, the collection of fees, staffing the courses, including starter services and marshals; and operation and management of the Clubhouse and areas of Contractor's responsibility at the Driving Range in accordance with the Lease between the City and Contractor, except as otherwise agreed upon between the parties in writing (b) Specific Services. In providing the general services described above, Contractor shall provide not less than the following specific services 1. Olympic and Cascade courses. 1. Contractor shall provide an adequate number of starters, agreed upon by both parties, deemed necessary for the courses to facilitate a good golf operation. Contractor shall be responsible for all starting of golf play and for control of the first tee at all times. Contractor must provide an adequate number of course marshals to ensure reasonable pace of play and appropnate course conduct. Ii. All counter staff at the courses shall be expenenced, trained, and knowledgeable of golf operations and course rules. iii. Contractor shall provide an adequate number, as agreed upon by both parties, of golf clubs, bags, and pull -carts for rent to users at the courses IV Contractor shall operate and maintain a service for the handling, sales, and leasing of golf equipment and for leasing of carts for operation of the Golf Club operations V In cooperation with the Director and Golf Complex Board of Directors, established pursuant to Chapter 2 34 of the Bremerton Municipal Code (the "Golf Complex Board "), Contractor shall schedule all golf tournaments and shall initiate and promote golf activities at the Golf Club vi The Contractor and Greens Supenntendent shall mutually agree upon the open and start of play daily with the Director resolving any conflicts 2. Driving Range and Pro Shop. The Contractor agrees to maintain and operate the Driving Range and Pro Shop in conjunction with the services provided in this agreement The Dnving Range and Pro shop shall be maintained and operated in accordance with the Lease between the City and Contractor for the facilities. Golf Management Agreement Page 2 of 16 3. Lessons. i. The Contractor may provide competent golf instruction to all groups and levels of public players, including juniors. Qualified P G.A. members or registered assistants must be available to conduct lessons. All revenues received and costs incurred by Contractor for lessons shall be revenue and costs of the Contractor. ii. All lesson gross revenue shall be paid directly to the Contractor or subcontractor and shall not be included in the City's revenue receipts. 4. Gift Certificates. Contractor will sell gift certificates for merchandise, restaurant, green fees, and lessons. Sale of these certificates will be in accordance with internal controls as approved by the City Contractor shall maintain a log showing all unredeemed outstanding certificates. 5. Advertising. i. The Contractor shall annually provide to the Director for approval an advertising and promotion plan for the Golf Club, which approval shall not be unreasonably withheld. ii Contractor shall obtain City approval for all advertisement for commercial vendors unrelated to concession operation on score cards, benches, entryways, etc. Contractor agrees to honor contracts with existing advertising vendors until said contracts expire. 6. Attend Meetings. Contractor agrees to be available to attend regular and special meetings of the Golf Complex Board, Parks and Recreation Commission and City Council, and shall be prepared to discuss issues and ideas of interest to the Contractor and City (c) Pricing of Golf Services. 1. Green fees are established by City Council following a review and recommendation of the Golf Complex Board The City reserves the right to establish fees for residents, residential preferential programs, and events sponsored by local businesses and organizations, as well as non - resident fees. Fee adjustments must be approved by the City Council except that the Director may establish discount rates for promotional purposes. Contractor, as an ex- officio member of the Golf Complex Board, shall have input on pricing of golf services 2. All tournament fees will be set by the Contractor subject to review and final approval of the Director 5. OTHER DUTIES AND RESPONSIBILITIES. (a) Performance of Duties. The Contractor shall devote their attention and energies to the performance of duties as golf Contractor for the City during the term of this Agreement. They shall conduct themselves at all times and in all matters in accordance with the standards accepted for golf Contractor as established by the Professional Golfers Association (hereinafter "PGA ") The Contractor shall operate the facilities and programs under their direction and control so that they will meet or exceed the standard in the industry for public golf courses in the Puget Sound region (b) Personnel. The Contractor shall provide competent personnel necessary for such operations and shall train and supervise them in their work and shall pay them for their services at the Contractor's sole cost and expense. Contractor shall supervise, direct and train staff to perform duties and meet requirements for sales, rentals and services which are, in the opinion of Golf Management Agreement Page 3 of 16 the City and Contractor, necessary Contractor shall provide an on -going staff training program with emphasis on customer training There will be a minimum of two PGA professionals on staff including the Principals of Contractor. At least one of the PGA professionals must be on site daily during peak business hours of the Golf Club. (c) Credit Rating. Contractor shall maintain a good credit rating in all commercial transactions so as not to discredit the reputation or name of the City of Bremerton. (d) Tournament Play. The Contractor shall have the right and are expected to represent the City of Bremerton in various golf tournaments. They shall submit their tournament schedule for information to the Director In the event they qualify, they shall have the right to play in the U S Open, Masters, the PGA National Championship, and the Club Contractor's Championship, or any tour event held locally. (e) Security. The City has installed a monitored burglar alarm system at the Clubhouse and Pro Shop, and the City will pay the monthly service charge for the system. Contractor is responsible for setting the alarm, insuring that it is properly operating and notifying the City if it is in need of repair. (t) Inspections. The Contractor will make a daily physical inspection of the complex and report any unusual or unsafe conditions observed during said inspection to the Director immediately. Such reports shall be followed up in writing. (g) Quarterly Review. Contractor and City shall meet on a quarterly schedule, or as otherwise as mutually agreed, to evaluate operations at the Golf Club and the performance of the parties pursuant to this agreement and to make mutually agreeable changes. 6. OPERATING POLICIES AND PROCEDURES. The Contractor will (a) Operate the Golf Club pursuant to the rules and regulations established by the City Council and the Director (b) Expel unruly persons or those under the influence of intoxicants from the Premises under Contractor's control (c) Not foster nor permit any illegal activity on the Premises under Contractor's control (d) Answer and handle all complaints and shall supervise a public relations program In dealing with the public, Contractor will not speak toward City policies or decisions in a derogatory manner Contractor shall explain and support city policies to staff and the golfing public (e) Not use the Premises for ancillary, revenue - producing activities, or social activities unless expressly authorized by the City. The parties acknowledge that Contractor conducts certain private business operations pursuant to the Lease executed with the City for Golf Management Agreement Page 4 of 16 operation of a Pro Shop, Driving Range and Contractor's private cart rental business and further that Contractor subcontracts lessons at the Golf Club (f) Regulate the play and conduct of all persons on the golf course, including keeping off trespassers and preventing injury to the golf course by players and others (g) Not allow any person to be afforded free use of the golf course unless approved by the Director. (h) Supervise all golf activities in connection with outside parties and shall provide members of the golfing public with adequate services, as may be required. (i) Provide service to meet public demand and shall keep the Clubhouse open each day that the golf courses are open for play, and at other reasonable hours as prescribed by the City, except Thanksgiving and Christmas, at Contractors option, days the Greens Superintendent closes the course due to inclement weather and except as set forth in Section 7(D) and (E). 7. COMPENSATION. (a) Contractor shall be compensated for services as follows: 1. Course and Facility Management Fee. i. Fixed Fee. Contractor shall be paid the annual sum of THREE HUNDRED SIXTY THOUSAND AND NO /100 DOLLARS ($360,00000). This fixed fee compensation shall be paid in weekly installments of $6,923.07 or as otherwise agreed. u. Percentage (Greens) Fee. In addition, throughout the term of this contract, Contractor shall be paid ten percent (10 %) of revenues received from greens fees, net of sales tax, in excess of $2,000,000.00 but in no event shall this percentage fee exceed the fixed fee in any given year set forth in this section. For purposes of this subsection, greens fees include daily private cart fees and all other course activities not otherwise provided for in this section, Section 7, for which revenue is received for use of the course, whether golf related or not. This percentage fee shall be paid after the end of each year. 2. Final reconciliation. Final reconciliation and payment for each year will be made by January 3I of the following year (b) Billing and Payment Procedures. The City shall pay the amounts due to Contractor as set forth in Section 7(a). Appropriate reconciliation payments for the costs and expenses incurred by the City (i a credit card fees) in the current month for which the Contractor is obligated to pay under the terms of the agreement, shall be included in the reconciliation adjustments and will be deducted from the City's payment in the following month. i (c) Withholding of Payments to Contractor In the event the Contractor is 60 days or later in payment of lease payments associated with the Lease, City may withhold and apply all monies due to Contractor from City under this Agreement to offset any such amounts due to City from Contractor under said Lease (d) Golf Course Closure — For Conditions and Repair. The golf course facilities shall remain open for play unless they are closed as a result of causes beyond the control, fault, Golf Management Agreement Page 5ofl6 or negligence of the parties. Such causes may include, without limitation, acts of God or public enemy; acts of the federal, state, or local governments, fires; floods; epidemics, volcanic eruptions; quarantine restrictions; strikes; freight embargoes, court orders, and unusually severe weather or other condition that causes all or a portion of the Golf Club facilities to be closed for extended periods of time Should either the City or the Contractor fail to perform because of a cause described in this subsection, the City and the Contractor shall make a mutually acceptable revision in the SCOPE OF SERVICES and COMPENSATION provided for in this Agreement, including termination of the Agreement if the Golf Club is deemed unusable by the City as a result of mayor damage or destruction and the City elects not to rebuild the same. In the event that City determines that it is necessary to close all or a portion of the golf Club facilities due to regular maintenance, repair, capital improvements, inclement weather, or similar condition which results in a situation where the golf course is unsatisfactory for play, or if damage to the course and facilities is likely if it remained open, the City shall coordinate such closing with the Contractor prior to actual closing. Contractor shall comply with the Director's decision to close all or part of the course and facilities at no cost to the City. In the event of closure of all or a portion of the Golf Club facilities as set forth in this subsection, Contractor shall not be entitled to any compensation pursuant to this section, Section 7, whether fixed fee or percentage fee, however, when feasible, the City and Contractor shall revise the SCOPE OF SERVICES and COMPENSATION as noted above for partial closure of the Golf Club, unless this agreement is terminated pursuant to Section 14(f) The City shall incur no liability to Contractor for lost revenue or other additional compensation as a result of any closure of all or a portion of the golf Club facilities as set forth in this subsection (e) Golf Course Closure — For Events. In the event circumstances require the closure of the course or portions thereof for events that may result in the loss of greens fees, the Director may approve, in advance of the closure and in writing, an amount representing potential greens fees lost as a consequence of the course closure. This amount shall be used to determine what amount, if any, shall be paid to the Contractor pursuant to this section Any amount pursuant to this section will be included in the Final reconciliation and payment as provided in this section 8. CITY RESPONSIBILITIES. (a) Golf Course grounds 1. The City shall maintain and repair all turf and landscaped areas adjacent to the tees, greens, fairways, Driving Range, parking lot and the Golf Course buildings 2. The City shall maintain and repair all building exteriors, parking lots, pathways and all of their fixed components, including structural maintenance of buildings, heating and cooling units, doors and windows, locks associated with City's area of responsibility, and lighting systems. 3. The services provided in (1) and (2) above shall be in the manner and to the extent previously provided and within defined annual budgets. (b) Utilities. All electric power, water, sewer, gas /propane, street utility, garbage and telephone service related to this agreement shall be paid by the City. If upon review the City Golf Management Agreement Page 6 of 16 determines that action is needed to address excessive consumption, Contractor will promptly respond and take appropriate action to remedy the excessive consumption. Each party shall pay internet and web page costs and expenses related to their duties and responsibilities under this Agreement, unless otherwise agreed. 9. CAPITAL IMPROVEMENTS AND FIXTURES. Contractor shall not make any alterations, additions or improvements in the Gold Mountain Golf Club, including the Clubhouse, without first obtaining the consent of City in writing, which consent can be withheld at City's sole discretion All alterations, additions and improvements, shall be at the sole cost and expense of Contractor, and shall remain in and be surrendered with the Clubhouse as a part thereof at the termination of this Agreement. If Contractor performs work with the consent of City, as provided above, Contractor agrees to comply with all laws, ordinances, rules and regulations of the City and any other authorized public authority Contractor further agrees that workmanship will be of a reasonable commercial quality, in color schemes in accordance with current building, standards, and free of mechanics liens Contractor further agrees to save City free and harmless from damage, loss or expense arising out of such work. 10. COLLECTION OF FEES, FINANCIAL REPORTING, AUDITING AND TAXES. Pursuant to the Golf Club Revenue Bond resolutions, the City irrevocably pledged gross revenues from the Golf Club as security for bond repayment Therefore, all gross revenues from any source shall first be deposited in the City's bank account and disbursed pursuant to this Agreement. (a) Point of Sale System. City and Contractor will enter into an agreement for the acquisition, installation and operation and maintenance of a point of sale system and the parties shall share in the cost of the same based on a formula reflecting each parties use of the system (b) Receipting. Contractor and/or subcontractor shall collect for, and on behalf of, the City all gross revenue, including but not limited to golf course greens fees, Driving Range fees collected under the Lease, golf club and cart rentals, golf course tournament fees, non- sufficient fund check return fees, and all other fees at the Golf Club in strict accordance with the schedule of fees established by the City, unless other instructions are given in writing to the Contractor Netting of transactions is prohibited. All revenue collected from transactions under this agreement, with the exception of lessons, must be processed through the Point of Sale System and deposited as provided in subsection 10(c) Contractor may process lesson revenue j through the Point of Sale System in which case the revenue must be receipted and deposited as provided in subsection 10(c) and thereafter reconciled and paid to Contractor as appropnate. All j course gross revenue must be recorded, collected and deposited in a manner which will dispense a dated receipt to be given to each customer i (c) Deposits. All deposits must be prepared in a timely manner defined as '/z hour ahead of scheduled pick -up and composition of deposit shall remain intact and a clear audit trail j maintained The City will provide and pay for couner service Any delays causing additional "premise charges" will be paid by Contractor All deposits will be made into a single account established for the Golf Club Settlements and appropriate disbursements will be made from this account Contractor shall be responsible for any loss or theft of City funds while the same are in its possession or control. Contractor shall provide City with a fidelity bond and a performance I Golf Management Agreement i Page 7 of 16 bond as required in this Agreement. Contractor and any subcontractor shall comply with accounting procedures as may be required by the City to comply with state laws, regulations and audit review requirements (d) Reports. Contractor shall provide to the City daily reports of golf activity and receipts in a format to be provided by the Director and Finance Officer, and shall structure their accounting system in a method satisfactory and acceptable to the City. The reports will be forwarded to the Director and must be received by the 2nd business day following the day of activity, excluding Fridays, Saturdays and Sundays which will be due on Tuesdays. The reports must agree with the corresponding deposit for the day In addition, the Contractor shall submit a copy of its previous year's operating statement by March 31 to demonstrate Contractor's financial ability to maintain operations under this Agreement. (e) Audits. All revenue and fees collected at the Golf Club are City revenues and subject to audit by the State Auditor, City Internal Auditor, or City hired Certified Public Accountants Contractor shall permit the City, from time to time as the City deems necessary, through its designated representatives, to inspect and audit in Bremerton, Washington, at any reasonable time, all pertinent books and records of Contractor and any other person or entity that has performed work in connection with or related to Contractor's services under this Agreement to verify the accuracy of accounting records and shall supply the City with, or shall permit the City to make a copy of any books and records and any portion thereof, upon the City's request Contractor shall ensure that such inspection, audit and copying right of the City is a condition of any contract, agreement or other arrangement under which any other person or entity is permitted to perform work in connection with or related to Contractor's services under this Agreement. The Contractor shall take immediate corrective action on all prior, current or future internal control weaknesses as directed by the City. (f) Taxes. Pursuant to the City's bond resolutions on the Golf Club facilities, the Contractor will remit to the City all gross revenues collected. Sales tax from Contractor's activities remitted to the City will be held by the City and will be returned to the Contractor weekly or as otherwise agreed City shall retain and remit sales taxes on revenues from green fees sales. As an independent contractor, the Contractor acknowledges that it is responsible for payment of any local, state, including business and occupation tax, or federal taxes or fees with respect to the Contractor's business, including sales tax, for its activities. The Contractor shall pay any and all applicable taxes when due (g) Credit Card Costs and Fees. Contractor shall be responsible for all credit card costs and related fees incurred for Contractor's business pursuant to this agreement (le lessons) and the City shall be responsible for credit card costs and related fees incurred for the City's business pursuant to this agreement (ie greens fees) 11. MAINTENANCE OF RECORDS. The Contractor shall keep and maintain on a current basis all books and records, including the operating accounts, to support its management and operations of the Premises under this Agreement The City or its authorized representative shall have the authority to inspect, audit, and copy, upon reasonable notice and from time to time, any records of the Contractor regarding its billings, payments or work under this Agreement. Contractor shall retain these records for inspection, audit, and copying for at least Golf Management Agreement i Page 8 of 16 i i three (3) years from the date of completion or termination of this Agreement, or as otherwise required by the Washington Secretary of State General Records Retention Schedule for all Local Government Agencies in Washington State Contractor shall, at all times, provide the City with all records for the prior three (3) years that relate to the financial matters of the Premises managed by Contractor under this Agreement 12. AUDIT OF PAYMENTS. The City, either directly or through a designated representative, may audit the records of the Contractor at any time during the three (3) year period established by Section 11, MAINTENANCE OF RECORDS If an audit discloses that payments to the Contractor under Section 7, COMPENSATION, were in excess of the amount to which the Contractor was entitled, or that the payments to the City were less than the amount to which the City was entitled, then Contractor shall repay the amount of the excess or deficiency to the City. If an audit discloses that payments to the City under Section 7, COMPENSATION, were in excess of the amount to which the City was entitled, or that payments to the Contractor were less than the amount to which the Contractor was entitled, then the City shall repay the amount of the excess or deficiency to the Contractor. 13. ASSIGNMENT. Contractor shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge, hypothecate, or encumber this contract or any interest therein and shall not subcontract the obligations under this Agreement, or any part thereof, or allow any person (employees, agents, servants, and invitees of Contractor excepted) to use the Golf Club Facilities, or any portion thereof, without the prior written consent of the City Any such assignment, subcontracting or use without compliance with the terms of this section shall be void and shall constitute a default under the terms of this Contract If Contractor is a corporation, any transfer of this Contract from Contractor by merger, consolidation, or liquidation, or any change in the ownership or power to vote in a majority of the outstanding voting stock of Contractor shall constitute an assignment for purposes of this section Any consent to one assignment, subcontracting, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subcontracting, or use by another person. Consent to any such assignment, subcontracting or use shall in no way relieve Contractor of any liability under this Agreement Assignment by Contractor to a financial institution holding a security interest in this Agreement shall not be considered to be a violation of the consent requirements of this Agreement. Consent for any subsequent assignments by said financial institution will not be unreasonably withheld; however, any assignee must have experience and be knowledgeable in golf facility management and operations 14. TERMINATION. This Contract will terminate upon the happening of any of the following events. (a) Upon its normal termination if not renewed. (b) Upon termination of the Lease (c) Upon the death of both of Contractor's Principals (d) By mutual written agreement Golf Management Agreement Page 9 of 16 (e) Breach of this Agreement as set forth in Section 15 below (f) Mayor damage or destruction of the golf Club property, structures or equipment that is the subject of this Agreement, when the City decides not to rebuild, and that damage or destruction will prevent Contractor from substantially performing their obligation under this Agreement. 15. BREACH. (a) In the event that either party claims that the other is in a substantial breach of any of the provisions of this Contract, notice of the breach shall be submitted to the party alleged to be in breach and the party in breach shall have thirty (30) days from receipt of the notice within which to correct any activity or conduct claimed by the other to have constituted a substantial breach of this Contract The notice shall identify the nature of the breach and the contract provisions violated. (b) In the event that the party in breach shall fail to correct the activity claimed to constitute a substantial breach of this Contract within thirty days of receipt of the notice of breach, the party claiming breach may: 1. Issue a notice of termination; and/or 2. Seek judicial remedy or specific performance; and /or 3. Pursue any other remedy available at law or equity (c) The Contractor is subject to immediate termination upon written notice by City if 1. Contractor violates any fiduciary duty to the City by misappropriating or not properly accounting for or mishandling City funds as determined by the City or Washington State Auditor; or 2. Contractor vacates or abandons the Golf Club facilities under Contractor's responsibility 3. Termination or expiration of the Lease between the parties (d) Upon receipt of notice of termination by Contractor, which is issued by the City, the City shall have the right to. 1. Enter and take possession of the facilities; and/or 2. Bring suit for and collect all fees and portions of gross revenue or any other monies required to be paid to the City which shall have accrued to the time of termination of the Contractor's rights (e) Upon written notice of termination by the City, Contractor will have thirty (30) days to vacate the Premises unless the City elects to take immediate possession as set forth in subsection (d) above Termination shall be affected by serving a Notice of Termination by certified mail (return receipt requested) or by personal delivery upon the Contractor setting forth the manner in which the Contractor is in default. (f) Neither the City nor the Contractor shall have breached this Contract by reason of the closing of all or a portion of the golf course facilities as set forth in Section 7(d) and (e). Golf Management Agreement Page 10 of 16 (g) Examples of a breach by the Contractor which warrants termination, if not cured, shall include but not be limited to t. Misappropriation or mishandling of City funds. 2. Contractor makes any general assignment or general arrangement for the benefit of creditors or the filing by or against Contractor of a petition to have Contractor adjudicated as bankrupt, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition tiled against Contractor, the same is dismissed within sixty (60) days or the appointment of a trustee or a receiver to take possession of substantially all of Contractor's assets located at the Premises or of Contractor's interest in this Agreement, where possession is not restored to Contractor within thirty (30) days or the attachment, execution, or other judicial seizure of substantially all of Contractor's assets located at the Premises or of Contractor's interest in this Agreement where such seizure is not discharged within thirty (30) days 3. Contractor assigns all or part of its interest in this Agreement without pnor written consent of the City pursuant to Section 13 4. Nonpayment of outstanding current liabilities within ninety (90) days and failure to pay Federal, State, and local taxes and license fees when due. 5. Continuing inattention or neglect of duties. 6. Suspension from the PGA resulting in a situation where neither pnncipal is a member of the PGA for more than thirty (30) days 7. Conviction of a felony or conviction of a non - felony crime of dishonesty, theft or deceit of either of the Pnncipals. 16. PURCHASE OF CONTRACTORS MERCHANDISE. In the event the City takes over management of the Golf Club facilities, after expiration of this Agreement or earlier termination by the City, Contractor reserves the right, if it so elects at its discretion, to require City to purchase the Contractor's Pro Shop and Driving Range merchandise and moveable furnishings at Contractor's cost less depreciation as mutually agreed upon. Said moveable furnishings are more specifically identified in Exhibit A attached hereto and incorporated herein by this reference. If there is no agreement, this amount shall be established by a mutually agreed upon independent appraiser The City shall make payment within 90 days of expiration or termination, less any monies owing to the City under the terns of this Agreement or under the terms of the Lease. Should Contractors simply abandon any items set forth above, they shall immediately become the property of the City 17. INDEPENDENT CONTRACTOR. (a) The Contractor is engaged as an independent contractor and will be responsible for any federal, state, and local taxes and fees applicable to payments hereunder (b) The Contractor, its subcontractors, and their employees, are not employees of the City and are not eligible for any benefits through the City, including without limitation federal social security, health benefits, workers' compensation, unemployment compensation, and retirement benefits (c) The parties agree and acknowledge that the Contractor is an independent contractor and not the agent or employee of the City of Bremerton, and that no liability shall attach to the City as a result of the acts or omissions of the Contractor, its agents or employees Golf Management Agreement Page llof16 (d) The Contractor shall be responsible for withholding and paying all payroll taxes for any person hired by them to perform the duties they are required to perform under the terms of this agreement They are also responsible for all taxes owed to any governmental agency as a result of the monies paid to them under the terms of this Agreement 18. INDEMNIFICATION, INSURANCE, BOND. (a) Indemnification. 1. Contractor agrees to defend, indemnify and save harmless the City, its appointed and elected officers, employees and volunteers, from and against any and all liability, loss, cost, damage and expenses, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting there from, sustained or alleged to have been sustained by any person or persons and on account of damage to property, ansing or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the willful or negligent acts or omissions of Contractor, their subcontractors or agents. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury 2. 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 ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence (b) Insurance Requirements. 1. The Contractor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arse from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors 2. The Contractor shall provide a Certificate of Insurance evidencing: a Automobile Liability Insurance with no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liability Insurance written on an occurrence bases with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury, and property damage Coverage shall include but not be limited to. blanket contractual; products /completed operations, broad form property damage, liquor liability, and employer's liability. 3. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor 4. The City, including its officials, employees, and volunteers, shall be named as an additional insured on the insurance policy, with respect to work performed by, or on behalf of, the Contractor and a copy of the endorsement naming the City as additional insured, approved by the City's Risk Manager, shall be attached to the Certificate of Insurance 5. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Golf Management Agreement Page 12 of 16 6. The Contractor's insurance shall be the primary and non - contributing insurance with respect to the City's insurance and the City shall be given thirty (30) days prior written notice of any cancellation, suspension or material change in coverage. 7. Acceptability of Insurers. Insurance is to be placed with an insurer with a Bests' rating of no less than A XIII, or with an insurer acceptable to the City 8. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates for each subcontractor All coverage for subcontractors shall be subject to all of the requirements stated herein 9 Workers Compensation. Tenant shall provide evidence of worker's compensation insurance in the amount required by statute, and employer's contingent liability (stop gap) insurance in the amount of at least $1,000,000.00 per accident and at least $1,000,00.00 for disease, each employee (c) Bond. The Contractor shall continuously maintain at its expense an employee dishonesty bond covering collection of fees on the Premises for the benefit of the City. The bond shall be in an amount not less than SEVENTY -FIVE THOUSAND AND NO/ 100 DOLLARS ($75,000.00) The Contractor must additionally provide broad form money and securities coverage both inside and outside the Premises in an amount not less than FIVE THOUSAND AND NO /100 DOLLARS ($5,000 00). (d) Proof of Insurance. Proof of the above requirements must be provided to the City upon execution of this Agreement The policies required herein shall provide not less than thirty (30) days prior written notice to the City of any cancellation, expiration, modification, or reduction in coverage or liability limits 19. SUBCONTRACTING. The Contractor shall not subcontract its work under this Agreement, in whole or in part, without the written approval of the City The City reserves the right to review and approve any subcontracts prior to execution to ensure compliance with the provisions of this Agreement The Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to comply with all terms and conditions as specified in this Agreement. Notwithstanding City approval of a subcontractor, the Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder Any subcontracts approved by the City shall be subject to and shall not extend any rights granted beyond those set forth in this Agreement to Contractor. Contractor agrees that if subcontractors are employed in the performance of this Agreement, Contractor and its subcontractors are subject to the requirements of the State of Washington, Workers' Compensation Laws. 20. CONDITION OF PREMISES. The Contractor has inspected and examined the Premises and all facilities and fixtures thereon and accepts the same in its present condition The Contractor shall not make any alterations, changes, or additions to the Clubhouse or to any fixtures or equipment owned by the City without the written consent of the Director The Contractor shall not commit, permit, or allow any nuisance, waste, or injury in, upon, or to the golf course, or to permit the use of the golf course for any illegal or immoral purpose 21. NOTICE. Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, Golf Management Agreement Page 13 of 16 postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing. City Director of Parks and Recreation City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 Contractor* Scott Alexander Scott Alexander's Golf Shop, Inc P O Box 197 Bremerton, WA 98312 22. PAYMENTS TO VENDORS AND SUBCONTRACTORS. The Contractor shall pay timely all suppliers, lessors, and contractors providing services, materials or equipment for carrying out its obligations under this Agreement. The Contractor shall not take or fail to take any action in a manner that causes the City or any materials that the Contractor provides hereunder to be subject to any claim or lien of any person without the City's prior written consent. 23. BUSINESS LICENSE. Contractor shall obtain a City of Bremerton business license as required by Chapter 5 02 of the Bremerton City Code prior to beginning work under this Agreement 24. CONFIDENTIALITY OF RECORDS. The City will, to the extent allowed by law, keep all of Contractor's and subcontractor's financial cost information confidential, unless required to disclose the information as a result of the Washington Public Records Disclosure law, Ch 42 56 RCW or by court order. 25. OTHER. (a) Costs and Attorney Fees: If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Agreement, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney fees in connection therewith It is agreed that the venue of any legal action brought under the terns of this Agreement shall be in Kitsap County (b) Construction. This Agreement shall be construed in accordance with the laws of the State of Washington The provisions of this Agreement have been negotiated by the parties, and when interpreting the provisions of this Agreement, there shall be no presumption of draftsmanship for or against either party (c) Severability. The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision (d) Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach Golf Management Agreement Page 14 of 16 The City and the Contractor shall not be deemed to have waived any breach of this Agreement by the other party except by an express waiver in writing An express written waiver as to one breach shall not be deemed a waiver of any other breach not expressly identified, even though the other breach is of the same nature as that waived (e) Amendment. The City and the Contractor may amend this Agreement at any time only by written amendment executed by the City and the Contractor The City and the Contractor agree that this Agreement shall be amended at any time if, in the opinion of bond counsel to the City, such amendment is necessary to preserve the tax exempt status of interest on obligations of the City issued to finance the Golf Club (f) Entire Agreement. This Agreement contains the entire agreement between the parties with regards to the subject matter set forth herein. There are no other representations with regards to the subject matter, either orally or in writing (g) Previous Agreements Superseded. The terms and conditions of this Agreement supersede the terms, obligations and conditions of any existing or prior agreement between the parties regarding the subject matter of this Agreement. This Agreement replaces in its entirety any prior agreements, including the prior Golf Management Agreement, and any amendments and extensions thereto. (h) Nondiscrimination. Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, physical, mental or sensory disability except in an employment action based on a bona fide occupational qualification (i) Liens. The Contractor agrees that it shall pay, or cause to be paid, all costs and expenses for work done and materials delivered to the Premises and shall keep the Premises free and clear of all liens for work performed thereon 0) Remedies. Rights under this Agreement are cumulative, the failure to exercise on any occasion any right shall not operate to forfeit such right on another occasion The use of one remedy shall not be taken to exclude or waive the right to use another (k) Washington law and Forum. This Agreement shall be construed according to the law of the State of Washington Any litigation between the City and the Contractor ansing under this Agreement or out of work performed under this Agreement shall occur, if in the state courts, in the Kitsap County Court having jurisdiction thereof, and if in the federal courts, in the United States District Court for the Western District of Washington. CITY OF BREMERTON SCOTT ALEXANDER'S GOLF SHOP, INC. PATTY LENT, Mayor By SCOTT ALEXANDER Its DATE DATE- Golf Management Agreement Page 15 of 16 By DARYL MATHENY Its: DATE. ATTEST: CAROL ETGEN, City Clerk APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney R \Legal \Legal \FilesTurrent Active Files \Gold Mountam \Golf Management Agreement - Final doc Golf Management Agreement Page 16 of 16 EXHIBIT A Pro Shop and Dnving Range Moveable Furnishings Under Development DATE SUBMITTED. 3/15/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL rrrrrrrrrrrrrrrrrrrorrrrrrorrrrrrrroorrrrrrrrrrrrrrorrorrororrrrrrrroorrrr000rrroorrrr• SUBJECT: Gold Mountain Golf Course Committee Meeting Date: March 23` 2011 Lease Agreement with Scott Alexander's COUNCIL MEETING Date: April 6 ' , 2011 Golf Shop, Inc. Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: 473 -5752 SUMMARY: The Lease Agreement with Scott Alexander's Golf Shop, Inc. gives the Lessee the right to use the Gold Mountain Clubhouse, Pro Shop, Restaurant, Meeting Rooms, Cart Pad and Driving Range to provide golf related services at the Gold Mountain Golf Course. The Lessee compensates the City through payment of a fixed fee for the Clubhouse and Cart Pad and a percentage of gross revenue on Cart Rentals and Driving Range proceeds. Under this two (2) year agreement the City is will receive an additional $6,000.00 in annual rent for use of the Clubhouse (when compared to the previous lease). ATTACHMENTS: Lease Agreement FISCAL IMPACTS (Include Budgeted Amount): Lease Revenues Budgeted in 2011 Gold Mountain Operating Budget. APPROVALS: dZA DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the lease with City of Bremerton and Scott Alexander's Golf Shop, Inc. 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 LEASE THIS LEASE is entered into on the date fully executed by and between THE CITY OF BREMERTON, a municipal corporation, (hereinafter referred to as "City "), and SCOTT ALEXANDER'S GOLF SHOP, INC., a Washington corporation, (hereinafter referred to as "Lessee ") WHEREAS, the City is the owner of Gold Mountain Golf Club ( "Golf Club "), which ownership includes the land upon which said golf complex is located, the buildings and other improvements which are a part thereof; and WHEREAS, the Golf Club consists of one 18 -hole golf course known as "Cascade Course ", one 18 -hole golf course known as the "Olympic Course ", a driving range and snack shack, the clubhouse containing a Pro Shop, restaurant, adjacent terrace and adjoining pavilion; and other related facilities and structures, collectively also referred to herein as ( "Golf Club ") WHEREAS, Lessee has served the City as its golf professional for many years It is the desire of the Lessee and City to continue this relationship. The Lessee and the City are simultaneously, with the execution of this Lease, also entering into an agreement for golf management and services entitled "Golf Management Agreement" so that the Lessee will serve as the Golf Course Professional, and provide management services, golf cart service and food and beverage services for the Golf Club, and WHEREAS, As an inducement for Lessee to enter into the Golf Management Agreement and to assure that the customers receive all of the services that are customary for a golf course, the City has agreed to lease the driving range and a portion of the clubhouse to the Lessee The portion of the clubhouse to be leased to the Lessee is for a Pro Shop and a restaurant which includes cart food and beverage services for the golf courses, and WHEREAS, Lessee has a private golf cart rental business and agrees to provide golf cart services to the customers of the Golf Club from this business Additionally, Lessee desires to lease land from the City at the Golf Club for the storage of golf carts unrelated to the business at the Golf Club; and WHEREAS, The purpose of this Lease is to provide for the Lessee to operate the Pro Shop, restaurant, golf cart service and driving range as well as to operate its private golf cart rental business while serving as the City's Golf Professional under the terms of the Professional Service Agreement referenced above, and NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, the prior Lease Agreement between the parties is hereby terminated in it entirety and replaced with a new lease as follows 1. PREMISES. City does hereby lease to the Lessee the clubhouse containing a Pro Shop, restaurant, the Cascade room and the Olympic room, offices, storage area, adjacent terrace and adjoining pavilion ( "Clubhouse ") as set forth in Exhibit A, as well as portions of real property 1 Gold Mountain Lease described as the driving range and snack shack located adjacent to the Cascade Course ( "Driving Range "), and the cart pad consisting of approximately 15,000 square feet of land ( "Cart Pad ") as set forth in Exhibit B, collectively also referred to herein as ( "Premises "), said exhibits attached hereto and incorporated by reference The Premises are located upon real property commonly known as the Gold Mountain Golf Club ( "Golf Club ") legally described as Section 36, Township 24 N, Range I West, WM in Kitsap County, Washington. 2. TERM. The term of this Lease shall be two (2) years commencing on January 1, 2011 (the "Commencement Date ") and shall terminate on December 31, 2012, unless otherwise earlier terminated in accordance with Section 17 3. CONSIDERATION. (a) Rent. Lessee shall be obligated to pay the following Lease Payment for the Premises. 1. Fixed Fee Lessee shall pay a fixed fee as follows: i. Clubhouse. Base Rent of THIRTY -NINE THOUSAND AND NO /100 DOLLARS ($39,000 00) per year payable $5,460.00 on January 1, $14,040.00 on April 1, $14,040 00 on July 1, and $5,460 00 on October 1 of each year during the term of this lease u. Cart Pad. Base Rent of THREE THOUSAND FOUR HUNDRED FORTY FOUR AND NO /DOLLARS ($3,444 00) per year payable in quarterly payments of ($86100) on January 1, April 1, July 1, and October 1 of each year during the term of this lease. 2. Percentage Fee In addition, the Lessee shall pay additional Rent as follows. i Cart Rental Six percent (6 %) of the gross revenue from the Golf Club golf cart rental, and it. Driving Range Eight percent (8 %) of the gross revenues from Driving Range fees. These amounts shall be paid quarterly for the preceding quarter, payable on April 15, July 15, October 15 and January 15. Lessee shall provide a quarterly accounting to the City of all "gross revenues" at the same time it makes the quarterly payment The City reserves the right to inspect the financial statements and records of the Lessee at any reasonable time and may require accounting to be performed in accordance with City audit standards (b) Additional Consideration. As additional consideration for this Lease, Lessee agrees to provide Golf management services, operate a Restaurant and provide golf cart services to customers of the Golf Club The City and Lessee, contemporaneously with the execution of this Lease, have entered into the Golf Management Agreement in which the Lessee agrees to perform the services of the Golf Professional for the Golf Club A breach of the Golf Management Agreement shall be deemed a breach of this Lease In addition, the failure to operate the Restaurant or failure to provide golf cart services to the customers of the Golf Club as provided in this Lease shall be deemed a breach of this Lease The faithful performance of the terms of said agreement and the operation of a Restaurant and provision of golf cart services are part of the consideration for entering into this Lease. 2 Gold Mountain Lease (c) Overdue Rent. Unpaid installments of the Monthly Rent or other sums due hereunder shall, if not timely paid, be subject to a later charge of Fifty and No/ 100 Dollars ($50 00) to cover the excess costs of administration and shall bear interest from the date due of 12 percent (12 %) until all rent and interest has been paid in full. Lessee hereby further agrees to pay any attorneys' fees and expenses incurred by City by reason of Lessee's failure to pay Monthly Rent or other charges when due hereunder (d) Holding Over. If Lessee remains in possession of the Premises or any part thereof after the expiration of the term of this Lease without the express written consent of City, such occupancy shall be a tenancy from month -to -month at a rental in the amount of 120% of the last Monthly Rent, plus all other charges and Additional Rent payable hereunder, and upon all the terms hereof applicable to a month -to -month tenancy. (e) Receipting and Depositing. All revenue collected from transactions generated from the Driving Range and Pro Shop must be processed through the Point of Sale System and deposited as provided in Section 10 of the Golf Management Agreement. (f) Credit Card Costs and Fees. Lessee shall be responsible for all credit card costs and related fees incurred for Lessee's business pursuant to this Lease 4. LEASEHOLD EXCISE TAX, OTHER TAXES AND ASSESSMENTS. In addition to the Lease Payment, Lessee shall pay a leasehold excise tax, pursuant to RCW 82 29A.030, on all Lease Payment amounts paid to the City, currently in the amount of 12 84 percent of the base Lease Payment and as may be adjusted pursuant to Ch. 82.29A RCW. Lessee shall pay the Leasehold tax with the applicable rent payment Lessee shall also pay all taxes assessments, and all other governmental charges, of any kind whatsoever, applicable or attributable to the Premises, Lessee's leasehold interest, the improvements, or Lessee's use and enjoyment of the Premises Lessee shall pay these taxes and assessments when due or as otherwise requested by the City. 5. USE OF PREMISES. (a) Pro Shop. The Golf Pro Shop may be used for all activities normally related to the retail activities of a golf course including, but not limited to, retail sales of golf related merchandise, equipment rental, and golf related professional services. The Lessee shall maintain an adequate stock of golf related merchandise to serve the playing public. The Lessee shall have the exclusive right to salvage golf balls from all water hazards at Gold Mountain (b) Driving Range. The Driving Range may be used for all activities normally related to operating a Driving Range, including, but not limited to, providing lessons and rental of balls and equipment The Lessee has the exclusive right to rent practice balls on the Driving Range The Lessee shall provide and maintain ball dispensing machines, ball retrieval and washing equipment The Lessee shall be responsible for retrieving the balls Lessee shall maintain the counter /kiosk area at the Driving Range The City shall be responsible for grass related maintenance of the Driving Range. (c) Cart Pad. The Lessee shall have the right to use the Cart Pad for the storage, 3 Gold Mountain Lease maintenance and operation of his pnvate golf cart rental business. (d) Golf Carts. Lessee will provide all necessary golf cart services to the customers of the Golf Club from Lessees golf cart business. (e) Restaurant. Lessee will operate a Restaurant and provide all necessary related services including cart food and beverage services on the golf courses to the customers of the Golf Club (collectively, "Restaurant "). In providing the general services descnbed above, Lessee shall provide not less than the following specific services: z 1. The Lessee will be responsible, and assume all costs and expenses, for the operation, management, and supervision of all food and beverage service operations on the Premises as proposed by Lessee and approved by City, including but not limited to, restaurant, vending machines and providing catering for special events at the Golf Club. Lessee shall be responsible for the furnishing of adequate stock of food and beverage supplies at its cost and expense. 2. The Lessee shall be responsible for hiring, training and managing sufficient employees to adequately staff the restaurant and lounge Lessee shall provide high caliber quality staff properly certified and permitted to provide food and alcohol service as required by state law 3. The Lessee shall apply and prepare the application and shall assume responsibility for all costs and expenses of the application for an applicable liquor license. The Lessee shall abide by state requirements regarding use of alcohol at the Golf Club The City shall execute any reasonable, appropnate documents as owner of the Golf Club that may be required in conjunction with such application 4. The Lessee shall be responsible for obtaining all necessary licenses and permits for the operation of a restaurant and lounge 5. Lessee shall provide adequate notice and signage at all points of entry to the restaurant as well as the front entrance to the Clubhouse designating that the restaurant is open or closed for business (f) City's Use of Clubhouse. By mutual agreement of the Director of Parks and Recreation, or his or her designee and Lessee, portions of the Clubhouse, including the Cascade room and the Olympic room and related facilities, may be used by City for use on a non- interference basis with no room charges assessed when conducting City's business Room set -up is the responsibility of the City. (g) Compliance with Laws. Lessee shall not use the Premises or any part thereof for any illegal purpose Lessee shall not engage in any activity with respect to or on the Premises other than the express uses and purposed stipulated therein, without obtaining pnor written consent from the City, which consent can be withheld for any reason Lessee agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of the Premises 6. UTILITIES. The City agrees to provide and pay all charges for electncity, water, sewer, gas /propane, garbage, telephone, and for all other public utilities used in the Premises. The City shall not be responsible for failure of provision of these services unless said failure is due to 4 Gold Mountain Lease nonpayment for services Each party shall pay Internet and web page costs and expenses related to their duties and responsibilities under this Agreement, unless otherwise agreed 7. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be made any alterations, Improvements, or changes to or of the Premises or any party thereof without the prior written consent of City, and all improvements, alterations, or changes so made, shall become a part of the lease Premises and shall belong to City upon expiration or sooner termination of this Lease With respect to such alterations, Improvements or changes to the Premises requested by Lessee, City's consent shall not be unreasonably withheld In the event City consents to the making of any alterations, additions, or Improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, the Premises and Lessee's leasehold Interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or Improvements shall be done in compliance with all laws and governmental requirements 8. MAINTENANCE AND REPAIRS. (a) Clubhouse Maintenance. 1. Lessee shall maintain the facilities in a clean, neat and hygienic condition. Lessee shall provide basic janitorial services, Including supplies necessary to provide adequate janitorial services These services shall Include, but not be limited to i Cleaning all carpets annually, u Vacuuming floors at least daily during peak season, III Cleaning restrooms and all common areas at least daily, Iv Providing periodic spot checks of restrooms to replenish supplies and paper products and attend to problems as needed, and V Clean windows and clean patios, sidewalks and other common areas as needed. 2. The Lessee shall maintain the Clubhouse, and exterior patios, Including garbage containers around Clubhouse buildings and entryways, in a clean, well kept, orderly manner to the satisfaction of the City. Lessee shall conduct minor maintenance and repairs to Interior facilities and fixtures, Including lights, plumbing, and locks associated with Lessee's area of responsibility. 3. Lessee shall be responsible for the costs of supplies for operations at its cost and expense (b) Furniture, Fixtures and Equipment. 1. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair Lessee will at all times keep the Premises neat, clean and in a sanitary condition Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to City's obligations set forth below Damage caused by Lessee's use of the Premises shall be repaired at the sole cost and expense of Lessee Lessee shall be responsible for repair of any damage resulting from the negligence of Lessee 2. The Lessee shall provide maintenance and repair services for all furniture, fixtures and equipment (FF &E) including kitchen appliances and fixtures, restaurant furniture, all FF &E within the restaurant, Lessee owned tools and equipment, all Lessee leased equipment 5 Gold Mountain Lease and City owned FF &E listed in Exhibit C, provided however, if the repair cost for City owned FF &E listed in Exhibit C is anticipated to exceed $1,000 00, Lessee shall notify City and Lessee and City shall discuss whether the item needing repair should be replaced rather than repaired based on the remaining useful life of the item. Replacement of City owned equipment shall be in the sole discretion of the City and the City shall arrange for equipment replacement in accordance with available funding. 3. Lessee shall, upon the expiration or sooner termination of this Lease, surrender the Premises to City in good condition, clean, excepting only ordinary wear and tear and destruction or damage by such conditions over which Lessee has no control, or such damage as may be due to the failure of City to comply with any covenant herein contained to be performed by City (c) Building Structure. City shall, at City's expense, repair and maintain the structural portions of the Building, except those specifically allocated to Lessee at Sections 8(a) and 8(b) above, including the roof, foundation, bearing and exterior beams and supports, flooring and subflooring, plumbing, HVAC, windows, doors, pipes, electrical wiring and conduits within and serving the premises. There shall be no abatement of Rent and no liability of City by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if City shall have taken every reasonable measure to avoid any such injury and interference City shall provide landscaping services for the Driving Range field. City shall not be required to redecorate the Premises at any time 9. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and the Building and Land on which the Premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. 10. INDEMNIFICATION. Lessee shall indemnify, defend and hold City harmless from all loss damage, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the Building, but the foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of City or any officer, agent, employee, guest, invitee or visitor of City City shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by theft or any act of neglect of any Lessee or occupant of the building, or of any other person, or by any other cause, unless caused by the sole negligence of City or its officers, licensees, agents, employees, guests, invitees or visitors. 11. LIABILITY INSURANCE; HAZARD INSURANCE. (a) Liability Insurance. Lessee, at its own expense, shall provide and keep in force with companies acceptable to City comprehensive general liability insurance in the amount of not less than One Million Dollars ($1,000,000 00) per occurrence for bodily injury and property damage Lessee shall furnish City with a certificate of such policy within thirty (30) days of the Commencement Date of this Lease and whenever required shall satisfy City that such policy is in full force and effect Such policy shall name City as an additional insured and shall be primary and noncontributing with any insurance carried by City The policy shall further provide that it 6 Gold Mountain Lease shall not be canceled or altered without twenty (20) days prior written notice to City. Lessee further agrees to procure, at no expense to the City, industrial insurance for all employees of Lessee. (b) Hazard Insurance. Throughout the term of this Lease, City shall procure and maintain tire, hazard and extended coverage insurance on the Premises Should the property become uninhabitable due to loss or become uninhabitable for any other reason the City shall have the option of terminating this lease 12. DAMAGE OR DESTRUCTION. In the event the Premises, other than the Clubhouse are damaged to such an extent as to render the same unusable in whole or in substantial part, or are destroyed, Lessee shall give City or City's agent immediate written notice thereof, and it shall be optional with City to repair or rebuild the same. City shall have not more than ninety (90) days after date of such notification to notify Lessee in writing of City's intention to repair or rebuild the Premises, or the part so damaged and, if City elects to repair or rebuild Premises, City shall prosecute the work of such repairing or rebuilding without unnecessary delay, and during such period the rent of the Premises shall be abated in the same ratio that that portion of the Premises rendered for the time being unfit for occupancy shall bear to the whole of the Premises. If City shall fail to give the notice aforesaid, Lessee shall have the right to declare this Lease terminated by written notice served upon City or City's agent. In the event that there is not sufficient insurance to pay for the repair or rebuilding of any damaged structure, then the City, in its sole discretion, may terminate this Lease. Provided, however, prior to terminating the Lease for this reason, the City shall discuss with the Lessee other ways to provide for the funding shortfall, but such will not prohibit the City from terminating the lease. In the event the Clubhouse is damaged (even though the Premises shall not be damaged thereby) to such an extent that in the reasonable opinion of City it shall not be practicable to repair or rebuild, or its destroyed, then it shall be optional with City to terminate this Lease by written notice served on Lessee within thirty (30) days after such damage or destruction 13. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall restore the Premises, Building or common areas to good order and condition Lessee shall pay or cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Lessee's improvements, equipment, furniture, fixtures, and other personal property located in the Premises. 14. ENTRY BY CITY. At any and all reasonable times during regular business hours, upon one (1) day's prior notice to Lessee, City reserves and shall have the right to enter the Premises to inspect the same a reasonable number of times, to submit the Premises to prospective purchasers or Lessees, to repair the Premises and any portion of the Building that City may deem necessary or desirable, without abatement of Rent, and may for the purpose erect scaffolding and other necessary structures where reasonably required by the character of the work to be performed, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of Lessee shall not be interfered with unreasonably Lessee hereby waives any claim for damages or for any injury or inconvenience to or interference with Lessee's 7 Gold Mountain Lease business or any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, if City shall have taken every reasonable measure to avoid any such injury, inconvenience or interference. City shall have the right to use any and all means which City may deem proper to open any doors or otherwise obtain access to the Premises in an emergency, without liability to Lessee except for any failure to exercise due care for Lessee's property, and any entry to the Premises obtained by City by any of said means or otherwise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction of Lessee from the Premises or any portion thereof. 15. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appurLessee thereto or allow any person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or any portion thereof, without the prior written consent of City, which consent by City shall not be unreasonably withheld. Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the option of City, constitute a default under the terms of this Lease. If Lessee is a corporation, any transfer of this Lease from Lessee by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Consent to any such assignment or subletting shall in no way relieve Lessee of any liability under this Lease. City may assign the Rent herein provided to any person, partnership, corporation, or bank, and Lessee agrees when notified in writing by the assignee of such assignment to make the Rent payments to assignee under the terms of said assignment 16. LESSEE'S DEFAULT. In case of violation of this Lease by Lessee, the City shall notify Lessee in writing of such violation The Lessee shall cure any default that imposes an immediate threat to the public health, safety or welfare within 24 hours. Any default in the payment of monies due under any provision of this Lease shall be cured within 10 days. All other violations shall be cured within thirty (30) days following the delivery of said notice, provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for such cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion In the event of the failure of the Lessee to remedy any default or violation of the covenants, agreements, or conditions herein contained within the period of time specified in the notice, this Lease and all rights of Lessee hereunder shall be terminated and the City shall have the right to enter upon the Premises and re -take possession thereof Continued violations for same or similar reasons may be grounds for immediate termination if a subsequent violation occurs after the City gives notice that it intends to terminate upon the further occurrence of similar violations 17. REMEDIES ON DEFAULT. (a) Termination and Re- entry. This Lease can be terminated for good cause. Good cause shall mean any of the following, 8 Gold Mountain Lease 1. failure to timely cure a default of this Lease after notice as provided in Section 16 above, 2. termination or expiration of the Golf Management Agreement, 3. failure to operate a restaurant or provide golf cart services as provided in this Lease, 4. lack of sufficient insurance proceeds to rebuild or repair the facility after damage or destruction; 5. insolvency of the Lessee, or the appointment of a receiver to administer its financial affairs, or 6. any reason specified elsewhere to this Lease, or the attachments hereto, that is designated as grounds for termination Upon the termination of the Lease, the Lessee shall vacate the Premises, and the City may immediately reenter and take possession of the Premises without the necessity of a court order to do so (b) Costs of Recovery. Lessee agrees to pay City the cost of recovering possession of the Premises, the expense of reletting, and any other costs or damages ansing out of Lessee's default including, without limitation, the costs of removing persons and property from the Premises, the costs of repairing or altering the Premises for reletting, brokers' commissions, and legal expenses and fees Notwithstanding any termination, reentry, or reletting, the liability of Lessee for the Rent and Additional Rent for the balance of the tern of this Lease shall not be extinguished and Lessee shall pay and City may recover from Lessee at the time of termination, reentry, or reletting, the excess, if any, of the amount of the Rent reserved in this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period Reasonable rental value shall mean the amount of rental which City does or could reasonably be expected to obtain as rent for the remaining balance of the Lease term (c) Removal of Personal Property. In the event of a retaking of possession of the Premises by City, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of City, City may remove and store the same in any place selected by City, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, City may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to City under the terms of this Lease, and the balance, if any, to Lessee Lessee hereby waives all claims for damages that may be caused by City's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Lessee as herein provided and will save City harmless from loss or damages occasioned by City thereby, whether such lawful reentry shall be considered or construed to be a forcible entry (d) Remedies Cumulative. The remedies hereinafter described shall be cumulative and City shall be entitled to pursue any other remedy now or hereafter available to City under the law orjudicial decisions of the State of Washington. 18. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the Building or improvements) shall be acquired or condemned by eminent domain for any public or 9 Gold Mountain Leave quasi - public use, or if a part of the Premises is so taken so that the Premises are rendered unsuitable for the business of Lessee, then the term of this Lease shall terminate as of the date title or possession shall be transferred in such proceeding, whichever shall occur first. In the event of a partial taking or condemnation which is not extensive enough to render the Premises unsuitable for the business of Lessee, then City shall restore the Premises to a condition comparable to its condition immediately prior to such taking less the portion lost in the taking, and this Lease shall continue in full force and effect provided, however, that the monthly Lease Payment shall abate in the same ratio that the portion of the Premises so taken bears to the whole of the Premises. City shall have the right to receive the compensation of damages awarded upon either such total or partial taking and Lessee shall have no claim thereto; provided that Lessee may independently pursue an award or compensation to Lessee for the taking of Lessee's personal property or fixtures or for the interruption of or damage to Lessee's business and for any other interest of Lessee 19. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release ") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ( "Hazardous Substances ") in, on or about the Premises. Lessee shall indemnify, defend and hold City harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) ansing out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Premises occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees. The provisions of this paragraph shall survive termination or expiration of this Lease. 20. GENERAL PROVISIONS. City and Lessee agree to the following general provisions: (a) Costs and Attorney Fees. If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney fees in connection therewith. It is agreed that the venue of any legal action brought under the terns of shall be in Kitsap County (b) Insolvency. In the event that the Lessee shall become insolvent or go into bankruptcy, this Lease may be canceled at the option of the City without notice, and the City may take immediate possession of the Premises and the whole thereof and the same shall not become an asset in bankruptcy (c) Nondiscrimination. Lessee shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical, mental or sensory handicap except an employment action based o a bona fide occupational qualification. (d) Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach 10 Gold Mountain Lease (e) Binding Effect. This Lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. (f) Paragraph Headings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. (g) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. (h) Previous Agreements Superseded. The terms and conditions of this Lease supersede the terms, obligations and conditions of any existing or prior agreement between the parties regarding the subject matter of this Lease. This lease replaces in its entirety any prior agreements including the prior Food and Beverage Agreement, prior leases and any amendments and extensions thereto. (i) Entire Agreement. This Lease, including the exhibits and statutes referenced herein contain the entire agreement between the Parties and are the embodiment of all written or oral representations between the parties hereto. a) Amendments. This Lease may be amended at any time only by written agreement signed by the parties. (k) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor (1) Recordation. Neither City nor Lessee shall record this Lease, but a short form memorandum hereof may be recorded at the request of City. (m) Quiet Possession. Upon Lessee paying the Rent reserved hereunder and performing all of the covenants, conditions, and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, rights -of -way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey (n) Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument (o) Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth 11 Gold Mountain Lease To City Director of Parks and Recreation City of Bremerton 3456 1h Street, Suite 60 Bremerton, WA 98337 To Lessee. Scott Alexander Scott Alexander's Golf Shop, Inc P O Box 197 Bremerton, WA 98312 It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided. (p) Lessee's Corporate Authority. Lessee is a Washington corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms Lessee further represents and warrants that it is fully registered and qualified to do business in the State of Washington IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written CITY OF BREMERTON SCOTT ALEXANDER'S GOLF SHOP, INC. PATTY LENT, Mayor By. SCOTT ALEXANDER Its DATE: DATE- By DARYL MATHENY Its ATTEST DATE. CAROL ETGEN, City Clerk APPROVED AS TO FORM ROGER A LUBOVICH, City Attorney R \Legal \LegaVFiks\Cumnt ALUVL Fil&Gold Mountain\Lease Agreelmnt - Final da, 12 Gold Mountain Lease STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Scott Alexander is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged it as the of Scott Alexander's Golf Shop, Inc to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instrument DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON) ) ss COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Daryl Matheny is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged it as the of Scott Alexander's Golf Shop, Inc to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instrument DATED NOTARY PUBLIC in and for the State of Washington, residing at My commission expires i 13 Gold Mountain Lease I EXHIBIT A a a f f � VIEW DECK Bar 8 ` PAVIUON� TERRACE O \ CLUBHOUS �\ pitc' CART STAGING s � IT FIR IT FI �\ r� ..: y t � 4 Gold Mountain ey ^i'"'334�t'.t��°Ft 1;+' NZI v i . t zag►5 ;� SNACK k SHACK DRIVING RANGE d TO o 3 OA IRw •` f ' + }'.� 5 13 * �� ... + r' ' �. � Y s' �� 9s •F' � f EXHIBIT C City Owned Furniture, Fixtures and Equipment (FF &E) Under Development DATE SUBMITTED March 2 " 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL •■ eeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeeeeeeeeeeeeeeeeeeeee ee � SUBJECT: Agreement with Will Robinson Committee Meeting Date. March 23` 2011 For Lions Park Whale Play Sculptures COUNCIL MEETING Date: April 6` , 2011 Department: Parks Presenter- Wyn Birkenthal Phone: 473 -5752 SUMMARY: The Lions Park master plan includes a play area incorporating plants, rocks, landfonms and sculptures reminiscent of the Parks surrounding natural environment The attached agreement will provide Orca Whale play sculptures to serve as a central feature of the nature based playground area. The Bremerton Central Lions Club's donation of $50,000 supports the funding of the sculptures and the other nature based play elements at Lions Park. ATTACHMENTS: Agreement Vendor Price Quotes Playground Layout FISCAL IMPACTS (Include Budgeted Amount) $ 45,615 APPROVALS: DEPARTMENT DIRECTOR. CITY ATTORNEY. FINANCE DIRECTOR. MAYOR. COMMITTEE CHAIR y, y/l� or COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to approve the goods and services agreement with Will Robinson to create play sculptures for Lions Park and authorize the mayor to finalize and execute the agreement with substantially the same terms and conditions COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Acton GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and Will Robinson ( "Vendor "), whose mailing address is 3050 W State Highway 16, Bremerton, WA, 98312 The parties agree as follows 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City Fabrication and installation of 4 Orca playground sculptures for Lions Park See Exhibit A 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 90 calendar days from the date all parties have signed this Agreement 3. COMPENSATION. The City shall pay the Vendor the total amount not to exceed $45,615 including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement The City shall pay the Vendor the following amounts according to the following schedule UP deposit, 1/3 after sculpture is complete, Final UP upon completion ofwork The City shall pay within 30 days of receipt of invoice A Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the City for any additional costs incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor 4 INDEPENDENT CONTRACTOR Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, ifrequired, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub - contractors 5. TERMINATION The City may terminate this Agreement for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement B The Vendor's failure to complete this Agreement within the time specified in this Agreement C The Vendor's failure to make full and prompt payment to subcontractors or for material or labor D The Vendor's failure to complete with federal, state or local laws, rules or regulations E The Vendor's filing for bankruptcy or becoming adjudged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials and services required by this Agreement are completed and fully performed 6. CHANGES The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided below A Procedure and Protest by the Vendor If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall 1 Immediately give a signed written notice of protest to the City, 2 Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information a The date of the Vendor's protest b The nature and circumstances that caused the protest c The provisions in this Agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption 3 The Vendor shall keep complete records of extra costs and time incurred as a result ofthe protested work The City shall have access to any of the Vendor's records needed for evaluating the protest The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B Vendor's Duty to Complete Protested Work In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement C Vendor's Acceptance of Changes The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by I Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) 7. CLAIMS. The Vendor shall give wntten notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 7(A)(2)(a) -(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable tune, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction 9. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, 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 Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any ofthese covenants of indemnification Should a court of competentjurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement 10 INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against clauns for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing 1 Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 2 Commercial General Liability insurance written on an occurrence bans with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be lunited to blanket contractual, products /completed operations/broad form property damage, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor All required policies shall be provided on an "occurrence" basis except professional liability insurance (ifrequired), which shall be provided on a "claims- made" bans The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement nammg the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thuty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage 11 MISCELLANEOUS A Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract B &O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent B Conflict and Precedence In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence 1 Addenda, if any, 2 Contract, 3 Specifications, 4 Terms and Conditions, 5 Contractor's proposal C Documents Incorporated by Reference The following documents are incorporated by reference, to include, but not be limited to 1 Terns and Conditions, 2 Specifications, 3 Proposal, and 4 Non - Collusion Affidavit D Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates E Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement F Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work G Governing- Law This Agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Vendor under any of the provisions ofthis Agreement, resolution of that dispute shall be available exclusively under thejunsdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington H Attorney's Fees In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to mdemmfication under Section 9 of this Agreement I Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement i Notices to be sent to Notices to be sent to VENDOR CITY Attn Will Robinson City of Bremerton Parks Dept 3050 W State Hwy 16 680 Lebo Blvd Bremerton, WA 98312 Bremerton, WA 98310 J Assignment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void K Modification No waiver, alteration, or modification of any ofthe provisions ofthis Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor L Severabilgy If anyone or more sections, sub - sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect M Entire Agreement The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement This Agreement and any attached Exhibits contain the entire Agreement between the parties Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this Agreement VENDOR CITY City of Bremerton By By Print Name Print Name Its Its Date Date APPROVED AS TO FORM By Bremerton City Attorney ATTEST By City Clerk i t( 7 i 7 A 1�7/$pl rF �r 5 vv U4 y'-17 a�i i o 0c -- OA" C,��c.0 1� s L--° t � tc \ VVV T04 • F - - - h - o It — rv \ ( � ,) , \ , ( t ook, % © f ! � 1 � lZ iYYlY1 T A) 1 V2-J /'1 r'1 r 1+�?AA/ 9y �.� a� ✓/! t Lions Park Marine - themed Play Area Orca Sculpture Cost Estimates (3) Manufacturer: Jolly Miller, Ballard subsidiary of Cemrock Item: 1 Orca from existing mold, Concrete; 16' long, 6' tall, 3.5' widest point Cost: 35k (Includes freight and installation) Per email 11.3.08 Manufacturer: Universal Precast Concrete, Santa Clara, CA. Item: 4 Concrete Orcas, Custom forms, various sizes Cost: 55k (45k plus freight Ft installation) Per estimate from Dan Christensen emailed 1.12.10 £t phone conversations Manufacturer: Elandan Gardens, Bremerton Item: 4 Stone Orcas, various sizes Cost: 45k (Includes freight, installation, Et sales tax) Per estimate from Will Robinson 12.8.10 � t I i Colette Berna From: Wyn Birkenthal Sent: Monday, November 03, 2008 1108 AM To: Colette Berna Subject: FW Orca Whale Attachments: Oreo1 Mpg, Oreo3 Mpg, Oreo 1pg Colette, Jolly Miller, a Ballard subsidiary of Cemrock which does a lot of theme park sculpture work provided the attached photos of an Orca play toy It is one way of setting the tone for the new Lions playscape, there comeptitors in the field that can sharpen the amount of detailing on the sculpture and keep the pricing under control From: cypress [madto:scott @jollymdler.com] Sent: Friday, October 31, 2008 3:02 PM To: Wyn Birkenthal Subject: Orca Whale Hello, Here are some pics of an Orca that we produced and the dimensions. Oreo was about 16 feet long, about 6 feet to the tip of the dorsal fin, about 3'6" around at the widest point. Cost for this guy would be around $35,000 installed not knowing all the conditions. This price could go up or more likely we could get it down. Thanks Scott Strozyk Cemrock Lions Park Price Estimates Low High (if applicable) Notes Small Water Feature $6,500 (part only) Rocks & Ropes $68,000 Mammoth Rock is nearly half of cost Orca Pod Orca Rising $14,000 $18,000 (depending on size) Orca Diving $9,000 $12,000 (depending on size) Orca Swimming 1 $7,000 uses Orca Rising mold Orca Swimming 2 $7,000 uses Orca Rising mold Tail Sign $5,500 Sea Lion Full $4,000 Sea Lion Swimming $2,000 Sailboat $8,000 $12,000 Kayak $5,000 Sandbar $7,000 $10,000 00 ll__tl xx oz X \ 1 1 � � `� �` 0t ,s DATE SUBMITTED. March 14, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 313 7 to Committee Meeting Date: March 23, 2011 Establish May 18, 2011 as a Hearing Date to COUNCIL MEETING Date. April 6, 2011 vacate an Alley for Olympic College Department: PW &U between 13` and 15` Streets, West of Presenter: Gunnar Fridnksson Warren Avenue. Phone: 473 -2354 SUMMARY: Olympic College has petitioned the City of Bremerton to vacate the alley between 13` and 15` Streets, West of Warren Avenue. The College is completing campus improvements including replacement of parking lots to new building construction. The new parking lot will encompass the entire block between 13` and 15` Streets, and Broadway and Warren Avenues rendering the alley useless for access. Deferred compensation and fees for this vacation is requested until the right of way dedication along 13` Street and Warren Avenue is completed. ATTACHMENTS: 1. Resolution No. 313 7 ; 2. Exhibit Drawing; and 3 Staff Report FISCAL IMPACTS (Include Budgeted Amount): The compensation for this vacation is estimate at $92,498. As Olympic college develops new rights of way to be dedicated to the City, the value of these rights of way will be applied against the $92,498 Olympic College has three years from the date of execution of this vacation to develop these rights of ways. After the three years, any remaining balance will be paid to the City. If the value of the rights of way are greater than the compensation for the vacation, the City is not obligated to make any payment to Olympic College APPROVALS: DEPARTMENT DIRECTOR- CITY ATTORNEY: /J FINANCE DIRECTOR. MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT. a.,v-'e e! CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Resolution No 313 7 to Establish May 18, 2011 as a Hearing Date to vacate an Alley between 13` and 15` Streets, West of Warren Avenue COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of an alley between 13` and 15' Streets, West of Warren Avenue and a request to defer compensation and fees associated with said vacation. WHEREAS, Olympic College has initiated the vacation to be able to construct a new parking lot. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. A public hearing will be held on May 18, 2011 at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTIONZ Severability If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2011. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: i ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk � 1 Olympic College Parking Lot 13` and 1 5' h Streets — Resolution I RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of an alley between 13 and 15' Streets, West of Warren Avenue and a request to defer compensation and fees associated with said vacation WHEREAS, Olympic College has initiated the vacation to be able to construct a new parking lot THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. A public hearing will be held on May 18, 2011 at 5 30 p in or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation SECTION 2. Severabdity If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk 1 Olympic College Parking Lot 13` and 1P Streets — Resolution NW CORNER LOT'S , 15th Street f 1 L19� _ S 88'24'16• E 156.48 — t 6 2s u + Area to be -v L21 Vacated 1 L +z t 4 � Scale: 1 '= 80' Ul rA 8 3 M) 3� 1 Area to be L Vacated ~ � I (+ � c t L13 g o L11 1 L15 1 I 1 9 25 2S 2 a a L9 1 t L9 NW CORNER LOT 1 L17 , 15 t s 88a13'S E 15864' Lt I t S 88 E 16748 S —` f N 15� 10 � � � 3 M 1 y I - -_ z Fri S 96i t _ J .. 4 —9 33238' 13th Street 1 1 I i E EXIUBIT i Portions of the SE 1/4 of the NE 1/4 Section 14, T 24 N, R 1 E, W.M. City of Bremerton, Kitsap County, Washington STREET VACATION REQUEST FOR ALLEY BOUNDED BY 13 AND 15 STREETS — BROADWAY AND WARREN AVENUES ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: May 18, 2011 PREPARED BY: Gunnar Fndriksson SUMMARY Applicant Olympic College c/o David C Mitchell 1600 Chester Avenue Bremerton, WA 98337 Location Alley bounded by 13 and 15 Streets, and Broadway and Warren Avenues, lying in the east half of Tract 7 of the Plat of Warren Smith's Acre Tracts as recorded in Volume 2, of the book of plats, Page 51, records of Kitsap County, Washington BACKGROUND Olympic College is currently completing campus improvements including replacement of parking lots to new building construction The new parking lot will encompass the entire block between the above mentioned streets rendering the alley useless for access While there is an existing alley in place between 13 and 15 Streets, it is not within continuous right of way between the two streets There are three separate parcels shown as right of way divided by private property The majority of the central portion of the alley was conveyed by Warranty deed in January 1920 from E J and Minnie McCall, Kitsap County Auditor File #104413 to the City of Bremerton and is Class I right of way The remaining central, northerly and southerly portions of the alley were created by deed exceptions from the adjacent private properties As such these portions of the alley are Class II right of way Usage of the private property for the alley would be by prescriptive use and would be classified as Class III right of way RIGHT OF WAY CONDITIONS • Functional Classification Local Access • Existing R -O -W Width Varies — 0 to 14 feet • Proposed R -O -W Width N/A • Pavement Width 10 foot • Surface Type Asphalt mostly, portion gravel • Curb and Gutter No February 2011 Alley bounded by 13 15 Streets and Warren /Broadway Avenues Page 1 of 4 Sidewalks No HEARING CONSIDERATIONS BMC 1120120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing These issues and the staff position are 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position Alley is no longer needed as surrounding properties will become part of campus parking lot The two remaining residences will be served by an easement through the new parking lot 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position The proposed vacation does not conflict with the Comprehensive Plan 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position The improvements will reduce the City's maintenance responsibility in this area 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position No other thoroughfare would improve circulation in this area 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position No — property will remain vested with the College 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position No objections have been received by staff There remain two residential properties in the block and Olympic College is retaining an easement for them across the new parking lot for access SHORELINE ACCESS This portion of right -of -way does not provide shoreline access February 2011 Alley bounded by 13 /15 Streets and Warren /Broadway Avenues Page 2 of 4 I UTILITIES All private utility companies were contacted Comcast and PSE will retain an easement for servicing the two remaining residences No City utilities are currently existing in the alley, so no easement is required for the City of Bremerton Easements may be released upon arrangements made for utility relocations SUFFICIENCY OF SIGNATURES Olympic college owns 94% of the adjacent properties COMPENSATION This vacation a mixture of Class I, Class II and prescriptive use or Class III right -of -way as defined in City of Bremerton Ordinance 4664 The Class I right of way is 3,556 square feet and the Class II right of way is 4,450 square feet No compensation is owing for Class III right of way Total compensation using 2011 Kitsap County value assessments from the adjacent parcels will be Class I Right of Way 3,556 sq ft x $16 /sq ft = $56,898 Class II Right of Way 4,450 sq ft x (0 5) x $16 /sq ft =$35,600 TOTAL $92,498 Olympic College has requested the City to defer compensation and fees for this vacation in accordance with BMC 1120 140(D) for right of way to be dedicated along 13 Street and Warren Avenue Staff supports this request and compensation should be deferred until the dedication is completed with a time limit of three (3) years from passage of this vacation ordinance Should dedications not be completed in this time, the full amount owing will become due STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal Staff recommends that this Street Vacation be approved as requested February 2011 Alley bounded by 13 Streets Streets and Warren /Broadway Avenues Page 3 of 4 F 19 1 � �s Zo / 8�� r' _'��y_ y �-� '�•�w..�� _- �...+. •� a a a _ s kX «jam L Looking northerly from 13 Street up alley o d° d ¢ e °e '. — m 0 o p more a . 0 0 . a e o o � s _ 0 o �o Looking southerly from 15 Street down alley February 2011 Alley bounded by 13 /15 Streets and Warren /Broadway Avenues Page 4 of 4 DATE SUBMITTED March 7, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A SUBJECT: Public Hearing on Resolution Committee Meeting Date: March 23, 2011 No. Declaring Certain Public Utility COUNCIL MEETING Date April 6, 2011 Property Surplus Department: PW &U Presenter: Gunnar Fridriksson Phone. 473 -2354 SUMMARY: Reservoir #14 is located at the southwest corner of Ironsides Avenue and East 17 Street. The Reservoir was in service until 1991 when it was retired due to small size, elevation issues with supply system and service area, and persistent leaking problems. The City Water Utility and Engineering staff recommends surplusing the property ATTACHMENTS: 1. Council Summary, 2 Resolution No 3138 , 3 Aerial FISCAL IMPACTS (Include Budgeted Amount). Minimal impact, site is currently maintained by the utility to a minimum standard APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY FINANCE DIRECTOR. MAYOR. COMMITTEE CHAIR _ �� (� ✓L COUNCIL PRESIDENT. Gr�,,.C� /�� -z—_ CONSENT AGENDA ❑ GENERAL BUSINESS, PUBLIC HEARING RECOMMENDED MOTION: Move to pass Resolution No declaring City Water Utility land surplus rt'he- C 4 no a.,+ti n h +v se,( or o�rl�eX'c�`Se i sPos� 0 fie- flrD Pert f l.�Y'e- f 1 j a� Z COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY DISPOSAL OF RESERVOIR #14 Summary Reservoir #14 is located at the southwest corner of Ironsides Avenue and East 17 Street The reservoir was constructed in 1958 and was in service until 1991 when it was retired due to the relative small size, elevation issues with the supply system and area being served, and persistent leaking problems In November of 2006, the City of Bremerton identified this as one of four (4) properties which were surplus to City needs Because this reservoir was originally purchased through the utility, State law requires a public hearing prior to surplusing the property Fiscal Summary Minimal impact The Utility current maintains the site to a minimal standard Ca) of Bi emei ton Mm ch 3 2011 I RESOLUTION NO. A RESOLUTION of the City Council of the City of Bremerton, Washington declaring certain public utility property known as Reservoir No. 14 surplus to the City's needs in accordance with the provisions of BMC 2.78.010(b). WHEREAS, the City Council has determined that the public utility property known as Reservoir No 14 is surplus to the City's needs and is not required for providing continued public utility service, and WHEREAS, pursuant to BMC 2 78 040 and RCW 35.94 040, a public hearing was held on April 6, 2011 relating to the proposed surplusing of the property, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The public utility property known as Reservoir No. 14 and legally described in Exhibit "A" is hereby declared surplus to the City's needs and is not required for providing continued public utility service. SECTION 2. The City shall take no action to sell or otherwise dispose of the property before i in order to allow time to consider options for the property. A firi1 30 , 2012 SECTIONS. Severability If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 4. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2011. WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST. ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk R \LEGAL\Resoluttons\Pubhc Works \Surplus Reservoir No 14 doc 1 Surplus of Public Utility Property — Reservoir No. 14 EXHIBIT A LEGAL DESCRIPTION FOR RESERVOIR #14 That portion of the northeast 1 /4 of the northeast 1 /4 of Section 13, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, more particularly described as follows: Beginning on the west side of Ironsides Avenue at the intersection with the south line of east 17 Street; thence west 200 feet; thence south 135.17 feet; thence east 200 feet to the west side of said Ironsides Avenue; thence north to the beginning; Together with the north 20 feet of Lot 1, Block 1 of the plat of Brewster's 2 °d Addition to Decatur 2 Surplus of Public Utility Property — Reservoir No. 14 l I t L EAST =-� 1 7TH STREL� c RE:�ERVUIR #14 T,0 BE SURPLUSED f couNcm EXH /B /T I; z SURPLUS OF RESERVOIR PORTION OF t' SEC 13,T.24N.,R 1 E,W M CITY OF BREMERTON KITSAP CO WA 03/11/11 - G F /S J From: mikemcwilliams @comcast net Sent. Thursday, March 31, 2011 8 42 AM To: Patty Lent, City Council Cc. Craig Rogers Subject: Fwd 2300 Block East 17th Steet Dog /Heart Attack Incident Dear Mayor and City Council Members, Please pardon me for my persistence regarding my concerns for the future of Manette I've spent some time reflecting upon the concept of "Sense of Community" and the remarkable possibilities that can occur when the City and the citizens work together for a common cause Please allow me to share with you this e-mail thread between myself and the Bremerton Police Department The subject of this thread is with regard to a tragedy that occurred in Manette last summer when a citizen died of a heart attack If you care to review this thread - you'll read about the remarkable services provided by Officer Mayfield and the Bremerton Police Department However, I only briefly alluded to some of the actions of citizens who took action before Officer Mayfield arrived and the assistance they provided in attempting to help the Officer in reviving the citizen before other police officers arrived Although the results were tragic - I believe this is a wonderful example of the City and citizens working together Neighborhoods with a "Sense of Community" can create coalitions, networks, and voluntary watch groups which provide a measure of information, safety, and peace - potentially easing a tremendous burden on our law enforcement Perhaps there may be some disagreement on this point, but at the very least, this thread attests to the professionalism of the Bremerton Police Department. Condally, -Mike McWilliams - - - -- Forwarded Message ----- From "Billy Renfro" < Billy Renfro @ci bremerton wa.us> To. mikemcwilliams @comcast net Sent Wednesday, September 1, 2010 3 03 07 PM Subject FW. 2300 Block East 17th Steet Dog /Heart Attack Incident Mr McWilliams, I appreciate your email regarding Ofc Mayfiield's actions on this night and I agree that he acted in a manner above and beyond I will place a copy of your email in Ofc Mayfiield's personnel file and provide him with a copy Sincerely, 3/31/2011 Sgt Billy Renfro, #415 - - - -- Original Message---- - From Peter Fisher Sent Wednesday, September 01, 2010 8 15 AM To. Richard Cronk, Billy Renfro Subject FW 2300 Block East 17th Steet Dog /Heart Attack Incident Drop file please - - - -- Original Message---- - From Craig Rogers Sent Monday, August 30, 2010 5 35 PM To. James Burchett, Tom Wolfe; Peter Fisher Subject* Fw• 2300 Block East 17th Steet Dog /Heart Attack Incident - - - -- Original Message - - - -- From mikemcwilliams @comcast net <mikemcwdliams @comcast net> To Craig Rogers Sent Mon Aug 30 15 40 19 2010 Subject 2300 Block East 17th Steet Dog /Heart Attack Incident Dear Sir, The purpose of this correspondence is to express appreciation for the Police Officer(name unknown) and his performance during the incident which occurred on the 2300 Block of East 17th Street approximately two weeks ago. You may recall this incident where a woman apparently suffered a heart-attack and died - it appeared (and reported in the Kitsap Sun) as though her dog (a pitbull) was acting in a protective manner toward by- standers as this incident occurred I was a witness to this incident I awoke approximately 10 20PM to a dog barking - the barking didn't seem unusual until I heard yelling - voices shouting "Get back!" and "Get awayl" The sun had already set at this point and it was rather dark out. When I stepped out on my deck I noted some people standing on an embankment of my neighbors yard and a dog in the middle of the street At this point, it was too dark to see the woman's body lying across the 3/31/2011 street, but the dog was acting ferociously Although the dog may have been acting in the defense of its prostate owner - it was vicious Some bystanders attempted to steer the dog away with their car when a Bremerton Police unit arrived I was very impressed with the way the responding Police Officer handled the situation. The Police Officer showed what I believe was a great amount of courage and restraint as he attempted to usher the dog into the back of his car. Upon noting the woman's body lying on the sidewalk - the Police Officer pointed his taser at the dog and I believe I heard him say "I'm sorry boy. I really don't want to do this " before tasering the dog and then attempting to revive the woman. I was somewhat disturbed to read the public's comments on the Kitsap Sun's Web Site regarding this incident The Kitsap Sun story appeared to turn into a public debate about aggressive dog breeds and speculation of what occurred Given the fact that a previous incident occurred where a Bremerton Police Officer had to use lethal force against an attacking dog - I believe lethal force may have been warranted in this incident as well However, the responding Police Officer appeared to display professionalism, restraint, and compassion as he handled a tragic situation, which may have resulted in far worse "public opinion ", if lethal force had been used In summary - I believe the responding Police Officer and others who followed, despite the tragic death of the woman, performed in a highly professional and admirable manner I believe any citizen who would witness such a performance under these circumstances would be proud of their Police Department With gratitude and deep appreciation, -Mike McWilliams Citizen - Bremerton i I I i I i 3/31 /2011 Page 1 of 2 From mikemcwilliams @comcast net Sent: Wednesday, March 30, 2011 3 53 PM To: Jim McDonald Cc: City Council Subject. Re Citizen Letter - Design of Reservoir at 17th Street & Ironsides into a Park (Mike McWilliams) Dear Mr McDonald, Thank you for your response and clarification I apologize if my correspondence reflected anything beyond confusion on my own part However, given mitigating circumstances, I honestly must plea my case that a mere matter of approximately half a year might not be enough time to, once again, galvanize the support of the community The mitigating circumstances I allude to were mentioned in my letter — please allow me to clarify briefly with the following 1. The current economic climate — I think more people are worried more about the three months than they are the next thirty years I can state for myself, that I don't know if I am going to be employed three months from now These are terrible times we live in for the City of Bremerton, State of Washington, and America 2 The good will in the city — Reviewing comments in online blogs and listening statements at meetings — the Port of Bremerton's tax to build a new marina has caused a sense of great consternation among Bremerton's citizens Upon addressing Manette's future plans to the City Council some time ago, even I referred to it as "The marina — paid for by the many, but used only by the few ", even though I also recognized its importance in both Bremerton's revitalization and economic growth. I will also freely admit that I do not have full comprehension of the processes and protocols that our local government and its various subsidiary organizations Be that as it may, I am hoping that any decision regarding this park will not be rushed. As a citizen, I can only vote for officials and maintain faith in their wisdom and leadership As you noted — severe budget cuts have precluded the Parks Department from considering the purchase of the property However, in a previous letter to the City Council I stated the following "Thus the question may arise — What does the sale of, what some may refer to as, a "slab of concrete" have to with the sense of community in Manette? The answer may be as simple as the premise of the land itself — it is a park — a place of communal enjoyment Utilizing Bachman Park as an example, not every citizen in Manette can live on the waterfront or share equally in the attributes that constitute such a living space However, such disparities are compensated by the use of shared parks and recreation areas - Manette's "Bachman Park" allows all citizens to enjoy the waterfront It is this compensation for disparity, by any measure, that allows a community to thrive This is why parks and recreation areas are so important for a community to survive " — I hope this statement was communicated to Wyn Birkenthal As our population grows, I truly believe this park will become even more important and I would go further to assert that the very "sense of community "that exists in Manette will depend upon it for its 3/30/2011 Page 2 of 2 survival. Once again sir, please allow me to express my thanks for your response and clarification in closing, I'm dust a citizen who cares about his community I think I've reached a point in my life where I wish I could find some way to "give back" to a community that has given so much to me Perhaps my efforts are misdirected, but I have lived in cities where there was no "sense of community" and they weren't very pleasant places to live - in one particular instance, a quite hostile place to live - what some refer to as the "Mean Streets" Bremerton may have its problems ranging from public indifference to criminal activity, but it doesn't have "Mean Streets ", at least not yet Working together -citizens and the City can prevent this and ensure a positive future for the next generations of citizens - I believe we owe it to them Cordially, -Mike McWilliams 3/30/2011 Page 1 of 1 From: Jim McDonald Dimmcdonalddistl @hotmail com) Sent. Wednesday, March 30, 2011 1 53 PM To: mikemcwdliams @comcast net Cc. City Council Subject: FW Citizen Letter - Design of Reservoir at 17th Street & Ironsides into a Park (Mike McWilliams) Attachments: CityBremLtrMcWdliams3 doc Mr. McWilliams, Thank you for your letter. I wanted to clarify a couple of important points regarding the subject property. The Council action next week is to surplus the property from the Public Works water utility (not sell it). The water utility is considered an "Enterprise" fund. Enterprise funds are required to be self - sufficient. The ratepayers pay for all costs associated with the utility and all assets of the utility belong to the utility fund. So this enterprise utility cannot give the property to the Parks Department, the neighbors, or anyone. And the property cannot be sold to anyone without first going through the proposed surplus action. Due to the recent and severe budget cuts, the Parks Department has indicated that it is not interested in purchasing this property. The Council has proposed the November date in order to give the community ample time to act. R, Jim McDonald Bremerton City Council District 1 Public Works Committee Chair 3/30/2011 Page 1 of 3 From- mikemcwilliams @comcast net Sent: Wednesday, March 30, 2011 1103 AM To: Patty Lent, City Council Subject: District 3 Meeting (03/29/2011) Topic - Design of Reservoir at 17th Street & Ironsides into a Park Attachments: Cityl3remLtrMcWilliams3 doc From Michael T McWilliams 2336 East 17 Street Bremerton, Washington 98310 To Mayor Patty Lent City Council Members Greg Wheeler, Jim McDonald, Roy Runyon, Carol Arends, Will Maupm, Adam Brockus, Dianne Robinson, Nick Wofford, Cecil McConnell Subject District 3 Meeting (03/29/2011) Topic - Design of Reservoir at 17th Street & Ironsides into a Park Dear Mayor and City Council Members, Please allow me to express my sincere gratitude to Mayor Lent, City Employees and to the City Council members from other districts (Runyon, Wheeler) for taking the time to meet with citizens at the District 3 Meeting (03/29/2011) It is with great certainty that I feel I can express appreciation on behalf of the citizens for your time and efforts On my own behalf — you have my sincere gratitude During this meeting, I reserved my personal comments I have corresponded with the City of Bremerton numerous times regarding my concerns for the community of Manette It was my intention to attend this meeting with an open mind and with the purpose to listen and learn from both citizens and officials Although this meeting was positive in many respects, my concerns for my community continue to grow After this meeting I began asking myself a lot of questions One of my principle concerns is the November 18 milestone Although it would appear that the City will allow the Manette Neighborhood Coalition (MNC) a period of time to engage the community regarding a potential framework, such as Limited Liability Corporation, to preserve the park, the immediate question arises Question Is this really enough time Five years ago, the MNC collected over 150 signatures from households (in a matter of days) 3/30/2011 Page 2 of 3 stating they wanted their park to be preserved Thus the following question. Question Is the desire of the citizens going to be ignored? I believe the first question is legitimate and the second would appear rhetorical — I have no doubt that the intentions of our leadership are honest and noble However, perhaps the words of Councilperson Maupin should be examined regarding the failed Proposition 1 — Parks and Sidewalks initiative where he stated (Source Kitsap Sun) "1 thought that when we first put that (the parks levy) on the ballot that we had built up enough good will in the city that citizens were willing to invest some of their money in the Bremerton redevelopment I think the port tax was an issue that didn't die, "he said "1 heard that over and over again as I was door - belling and 1 think that's what doomed our parks levy " http Hwww krtsapsun com/news/ 2007 /nov /06/prop -l- voters - reject -tax- for - parks- and - sidewalks/ #ixzzl IGHVHOit Question What about the "good will" in the City - Is this still a consideration? Like Councilperson Maupm, I too was "door - belling" as I collected a lot of signatures myself and it granted me a truly unique and wonderful opportunity to learn more about my community Manette is a diverse community spammng the vast social- economic ranges of young citizens struggling to start their lives to senior citizens struggling to survive on fixed incomes Many of these citizens signed a petition despite these challenges because they cared However, that was half a decade ago and many things have changed in our community Sadly some of these citizens may have moved, and with greater sadness, some have died As a community, we also suffer, along with our nation, as we find ourselves in greatest economic disaster since the Great Depression Perhaps I am stating the obvious, but a lot of people are scared right now There is an overarching fear in our communities regarding the future — a level of which surpasses anything I have witnessed in my lifetime. It is this fear of the events of today that can obscure our thoughts regarding tomorrow Thus, the following question would anse Question. Is now the time to take any drastic action regarding the future of Manette? During the meeting there was some rather in -depth discussion of what the citizens could do to save their park However, I'm not certain there was enough volition on the part of the City to assist the citizens beyond granting a limited amount of time for independent action Thus, I pose the following question Question Shouldn't this challenge and opportunity present itself as an endeavor for the City and citizens to work together in "good will "? There are so many more questions I would like to ask Some questions I would like to ask for the purpose of learning Other questions I would like to ask in the spirit of idea generation and thought provocation However, there was one question that was asked during the District 3 meeting that appeared no one wanted to answer Question. Why do the citizens of Manette have to pay for a property they have already paid for through their taxes? There is no dispute that the property belongs to the City and thus the City can utilize or dispose of it as desired However, for decades, the City has provided amenities and the citizens of Manette have adopted 3/30/2011 Page 3 of 3 this land as a park Many citizens, including myself, have volunteered to take care of it This is truly an example of the possibilities when citizens and the City work together for the common good Councilperson Runyon alluded to the fact that the sale of this land could provide funds to alleviate other areas of distress in the City The City, as a whole, should be considered, but then the question anses. Question What about the future of Manette Mayor Lent was kind enough to speak with me regarding the future of both the City of Bremerton and Manette in terns of revitalization I have addressed the City Council in person and have stated without equivocation that progress is imminent and that "We cannot avoid history" With regard to Manette's future and planning, I also asked the City Council "Do you care A real simple question, do you care" Do any members of the City Council recall that question? I debated asking that question for days, because I thought it posed itself as a challenge Given the City Council vote regarding citizen involvement in planning — the Council proved it did indeed care I'm hoping this sense of compassion will continue In closing, I share with you the fact that this correspondence comes with some difficulty As a citizen, although I do my best to be a good neighbor and provide any assistance to my community — I am in fact, a rather pnvate person Sharing my thoughts with you — I can only hope that you will accept them as constructive input from a citizen who cares deeply for his community An invitation was extended to citizens to address the City Council at the upcoming meeting on Apnl 6th I hope to attend this meeting In the past, I have asked the City Council for leadership and I have asked for compassion I'm hoping I can find the courage to ask another question — perhaps we can all engage in some serious soul - searching regarding our responsibilities to the future Cordially, - Michael T McWilliams 3/30/2011 From Michael T McWilliams 2336 East 17 Street Bremerton, Washington 98310 To Mayor Patty Lent City Council Members Greg Wheeler, Jim McDonald, Roy Runyon, Carol Arends, Will Maupin, Adam Brockus, Dianne Robinson, Nick Wofford, Cecil McConnell Subject Proposed Sale of East 17 Street Reservoir Park Dear Mayor and City Council Members, It is with deep concern as I attempt to share with you my thoughts regarding the potential sale of the East 17 Street Reservoir that so many citizens of Manette have cherished as a park for many decades It is my sincerest hope that you will consider my words with an open heart, as well as, with an analytical mind The future of the community of Manette will forever be changed by your decision Upon some brief reflection, it may appear to be a somewhat obvious conclusion that the sale of this park is warranted The park infrastructure is no longer a functioning reservoir and has shown some signs of deterioration. This situation, of itself, is a sad state of affair and in need of an effective resolution The potential sale of this park could provide the City of Bremerton with some financial gain which may serve to alleviate some of the short-term economic challenges faced by our city The long -term benefit would appear, yet, to be determined by future utilization This simple fact alone could provide some impetus to sell However, a decision of this magnitude should be considered with many other factors that go beyond simple economics and with due consideration for the impact on the community Beyond the quantitative measure of economics used in the calculation of decisions, there are the qualitative factors that will affect the Manette community well into the future (in this instance, forever) As citizens of Manette and the City of Bremerton, we look to you, our elected officials, i to execute the fundamentals of leadership and wisdom that will guide us into the future It is this future that must be considered — the "quality of life" for many generations will depend upon it By reasoned estimation, the concept of "quality of life" is unique to each individual — a reflection based upon personal values, tastes, and experience However, transcending above individual definitions to encompass the concerns of the community as a whole, you may find vast agreement with regard to what the citizens of Manette consider "quality of life" This is how the foundation of a community is created - citizens find consensus through shared values that go beyond mere individual considerations The citizens of the Manette have established a strong foundation of community that has survived for decades The people of Manette love their community — we live amongst ourselves in peace and harmony Manette is still a place where neighbors know each other and children can play freely without fear Manette serves as an example of the very principles that transcend sole propriety and allow all to flourish — a sense of community Thus the question may anse — What does the sale of, what some may refer to as, a "slab of concrete" have to with the sense of community in Manette? The answer may be as simple as the premise of the land itself — it is a park — a place of communal enjoyment Utilizing Bachman Park as an example, not every citizen in Manette can live on the waterfront or share equally in the attributes that constitute such a living space However, such disparities are compensated by the use of shared parks and recreation areas - Manette's "Bachman Park" allows all citizens to enjoy the waterfront It is this compensation for disparity, by any measure, that allows a community to thrive This is why parks and recreation areas are so important for a community to survive Five years ago, the citizens of Manette displayed their highest sense of community when, in a matter of days, over one hundred -fifty households signed petitions stating their desire for the East 17 Street Reservoir to remain a park Although this may not reflect the desires of each individual in the community, it must serve as evidence of the desire of the community as a whole Despite the many changes that have occurred over the past five years, such evidence of community desire must be considered regarding the future of the park In closing, the most important consideration I would ask you to consider is — the future itself As a citizen of the community of Manette and the City of Bremerton, I have witnessed great progress over the past decade I can deeply appreciate the efforts by so many to make our city, communities, and homes a better place to live However, I am deeply concerned that many decisions are being made with regard to short-term priorities and constraints at the neglect of greater responsibilities for future generations Far beyond the short-term, both citizens and elected officials, have an indisputable responsibility to future generations who will inherit what we, the current generation, have created for them through our actions and decisions As citizens, we cannot avoid history and progress is imminent As parts of our community become more densely populated and progress continues — the foundation of the Manette community will continue to be challenged The need for parks and recreation areas will become even greater in the future — the need for East 17` Street Reservoir Park must be considered, as the need is sure to escalate as progress continues As elected officials, you have the ability to shape this future into one upon which the next generation of citizens can be thankful for The potential for the East 17` Street Reservoir Park is immense Perhaps more time and more options should be explored There is no need for haste in a decision of this magnitude I would urge you, as leaders, to please reflect upon this decision with the same level of care as the citizens of Manette care about their community It is my sincerest hope that any decision regarding the park will take into consideration the future community of Manette and serve as an example of what our responsibility is to the future Thank you for allowing me to share my thoughts and concerns with you Cordially, - Michael T McWilliams Page 1 of 1 From- Joanna Hess Dojohess79 @yahoo com] Sent. Wednesday, April 06, 2011 1 32 PM To City Council Subject Ironsides Space Hello Council Members, I understand tonight will be a meeting that includes discussion of the lid on Ironsides I live across from that space and enjoy having my four year -old ride his bike and play, as well as meet up with other neighbors When I think there might be housing development there, I can't help but think of it as a tragedy Manette has been a destination for people from all over, and the Senior Center is not an adequate play area for kids It's satisfactory, but not great by any means As a mom of two boys, the need for open space for them to play and run around is a high priority, and with the lack of business in downtown Bremerton, I find myself driving to Silverdale, Poulsbo, or Gig Harbor just to shop and take my kids somewhere to play That breaks my heart, as I would've thought moving here 5 years ago that being close to the downtown would be advantageous The fountain park is the best thing we've seen happen down there because we actually have somewhere to go What Bremerton needs, and specfically Manette, is another gathering place for people, kids, dogs, whomever It is an excellent location and would bring more people to the area, and hopefully to the businesses in Manette and Bremerton itself I understand you all are charged with governing the needs of the city, and I'm sure you face very difficult fiscal circumstances right now and are trying to save and find money wherever you can I desire the city to be the best it can be and by selling this piece of land to a developer would just further my frustration of unrealized potential of the city Imagine what a blessing a park could be to the residents of not just Manette, but Bremerton in general In tough times, finding joy and peace outdoors is what a lot of people do, and providing another space to do that would only bring good to the people here Thank you for reading this and for your service to this area, Sincerely, Joanna Hess Manette Resident 4/6/2011 From. Paul Drnjevic [pauldrn @comcast net] Sent Wednesday, April 06, 2011 12 19 AM To City Council 7A Subject- Water Tank Park (17th & Ironsides) Worthy City Councilors, Unfortunately, I am not able to attend the City Council Meeting tonight I understand the subject abandoned water tank may be discussed to be surplused at your 6 Apr 11 Wednesday meeting I strongly suggest that this property be made available to the Manette Neighborhood Coalition, if they wish to obtain it I definitely want to see as much open space as possible be held open for the residents of Bremerton, and I think this piece of property fits that criteria very nicely Unfortunately, once an open space is gone, it no longer is available to the public, and that is a shame So, PLEASE DO give due consideration to the Manette Neighborhood Coalition Paul DRNJEVIC 1 Pagel of 5 r - From Lori Smith on behalf of City Council fill% Sent Tuesday, April 05, 2011 9 50 AM To 'kisslerstrauss @yahoo com', 'angiekissme @yahoo com' Subject FW Citizen Letter - Ironsides Park / Water Reservoir #14'(John Strauss) Attachments Agenda pdf Mr Strauss, Thank you for your letter, which I have provided to the Council Members for their review and consideration As you may know, this issue is on the Council's agenda for discussion (Item 7A) at their meeting tomorrow night I have attached an agenda for your convenience Lori Smith I-o.w 54am Legislative Assistant Bremerton City Council (360) 473 -5280 From: Angela Kissler- Strauss [mailto:kisslerstrauss @yahoo.com] Sent: Tuesday, April 05, 2011 5.46 AM To: City Council Cc: Patty Lent Subject: Fw Ironsides Park / Water Reservoir #14 From Angela Kissler- Strauss <kisslerstrauss @yahoo com> Subject Ironsides Park / Water Reservoir #14 To angiekissme @yahoo com Cc kisslerstrauss @yahoo com Date Tuesday, April 5, 2011, 5 32 AM I would like to first introduce myself My name is John Strauss I'm 41 years old I live at 2317 E 17th St in Manette I am marned to the most wonderful and beautiful woman in the universe, Angie Kissler We plan to have children very soon and raise them here in Bremerton where I grew up I have a mathematics degree from WWU but also attended OC (starting in 8th grade) and UW I won awards for citizenship at Olympic Elementary School where I was part of the Challenge Program for gifted kids and served in student government I received an award at Liberty Middle School on Perry Ave for scoring 2nd place on a state wide mathematics exam in 8th grade, I would have had a better score if I hadn't used calculus that my teacher, Dr Radden, taught me in 7th grade to solve a slope problem Before living at our current home where we've been for almost four years now, we lived at 1321 Elizabeth Avenue in the Evergreen Park Neighborhood We liked this house too and plan to live there again 10 -25 years from now for two of the five years before we sell it and reinvest or retire We currently rent this house out to a lovely couple who moved here from Seattle and their housemate who moved back here from Japan We never hear from our property manager, which if you have ever owned an occupied rental is a very good thing Our renters take very good care of our rental property I must admit, it looks better than when we lived there We also refurbished and own an occupied rental in Manette Before the economic downturn our goal was to buy a rental or flip property in Bremerton every year Our plan has been stalled but not de- railed As you can see, I have interests in both east and west Bremerton and in both the Evergreen Park and the Manette i 4/5/2011 Page 2 of 5 neighborhoods, both as investor and resident I have a proposal that might be a solution to a variety of problems the City of Bremerton currently faces Problem #1 The city needs money Problem #2 Ironsides Park is misclassified Problem #3 Lower Roto Park is a scourge to the Evergreen Park neighborhood Ironsides Park was created concurrently with Water Res #14 in 1957 At this time the City of Bremerton was governed by 3 commissioners instead of a mayor Parks and Water were under the same jurisdiction of government, Public Works When Bremerton's government was changed to a mayor plus council form of government, Parks and Water were separated from each other Ownership of Ironsides Park was not split up I'm guessing it wasn't split because the park is on top of the reservoir and a method for such a split of ownership wasn't conceived or deemed necessary Water systems continued to pay for the lights,tennis courts, and maintenance of the park out of the kindness of their hearts for many years The lights and tennis court nets have since been removed The property known as Ironsides Park / Water Reservoir #14, identified by the address 2329 E 17th St and tax I D # 132401 -1- 034 - 2000(1138007), was a water reservoir for 34 years until it was decommissioned in 1991 This same property has been used as a park by the citizens of Manette and beyond for 54 years, continuing to the present day The property is 62 acres in size being approx 200' by 137' It has a current tax assessment value of $78,820 00 The citizens of Manette want to keep the park and do not want the City of Bremerton to surplus it and sell it to private investment developers Mayor Patty Lent suggested to the Manette Neighborhood Coalition(MNC) that the citizens get together, purchase the property, and form a governance body to oversee it I don't think it "s fair to make the citizens purchase something they've already paid for through their water bills and property taxes The MNC, a governance body, was created to fight the inappropriate zoning changes that were attempted in Manette, and to keep the city from selling their park to private investors It's my personal opinion that if the government of the City of Bremerton had listened to the citizens of Manette in the first place that the MNC may never have been conceeved The idea that the citizens of Manette need to create yet another governing body and buy something they've already paid for is ridiculous People who live in Manette are more active in their neighborhood than the people of any other neighborhood in Bremerton I think the city is underestimating the loss of votes their elected officials will suffer if they go against public sentiment in Manette The Manette neighborhood is composed of a successful, mature, long -term populace who own businesses and are involved in associations, boards, and other community groups across Bremerton and Kitsap county I'm sure no one wants to hear, or tell, stories about how our current leaders messed up Please realize that Manette wants Ironsides Park and will "never surrender" in the fight to keep it Mayor Patty Lent said there might be a liability issue at Ironsides Park I would like to remind the city that Reservoir #14 was designed to hold 2,000,000 gallons of water At eight pounds per gallon of water, that's the equivalent of 1 6,000,000 pounds Or 8000 tons Or 200 fully loaded tractor trailers at 80000 pounds each I recall reading somewhere in my research, I believe it was an article in the Bremerton sun circa 1957, that said 550 cement truck loads where used to create the reservoir and park Another interesting fact exemplified by a plaque that used to be (and may still be) on the "alley" side wall of the reservoir itself which designated the reservoir as the emergency bomb shelter for the Manette neighborhood from the late fifties through the sixties and into the late seventies until the outer fence was added and the alley was gated for security reasons I guess terrorism from the middle east won out over the fear of being bombed by the communists The above sentences describe a structure that should have no problem with people i i 4/5/2011 I Page 3 of 5 walking /biking /skatmg/suntannmg/playmg on it Lower Roto Park is located at the north dead -end of Elizabeth Avenue in the Evergreen Park neighborhood It does not have an address but can be identified by tax I D #3804 - 004 - 004 -0000 (1465194) It is 74 acres in size being approx 135' by 235' give or take It has a current tax assessment value of $236,660 00 Note that this value is slightly more than three times that of Ironsides Park Lower Roto Park is in bad shape There's evidence of illegal dumping Most of the park's foliage consists of blackberries and other brambles It has litter problems, including a wide variety of alcoholic beverage containers, random garbage and lots of broken glass At my last visit, when I took some photos with my cel phone, I discovered something on the stairs that looked like a plastic shell casing As I'm not a gun guy, I don't know if a plastic shell casing would work or exists, but that's what It looked like Most flat pamtable surfaces have been graffitied It has obvious evidence of Marihuana use including cigarette lighters, sandwich baggies, cigar tips and cellophane wrappers from cheap cigars used to make marihuana and candied flavor tobacco cigarettes known as a "blunts" Evidence exists for "huffing" or the inhalation of noxious gasses to produce a high, in the form of a plastic bag with frayed rope in it I didn't know what this was either until a fnend of mine with a nephew in rehab explained it to me The drug abuser takes a piece of frayed rope and sticks it in someone's gas tank soaking it with gasoline, then the drug abuser puts it in the bag and "huffs" or inhales the gas fumes (Please all of you with older vehicles get locking gas capsl) I've found syringes at this park before, and little baggies too small to hold Manjuana which are commonly used to hold more potent drugs like cocaine, heroin, methamphetamme and acid There's no sign saying it's a park, which doesn't help in attracting responsible people to the park to use it properly There's no parking, it needs at least a few It has impossible mobility impaired access and no mobility impaired parking, not to mention the uneven and eroding stairs There are many liability issues including sharp rusty edges on the remaining BBQ post and exposed rusty ends on two thick cables creating an injury and disease liability The BBQ has been broken off and is missing (I'm guessing a diver could find it in the water if it hasn't completely rusted away) Other liabilities include a lack of lighting and an unsafe shoreline Many parks are not lit well at night and normally I would not consider this to be a liability, but with the obvious evidence of illegal activity and privacy and no lighting, I think it is The water is essentially inaccessible at the shoreline The "beach" is comprised of old moss - covered concrete slag pours consisting of round aggregate river rock and cement which has been eroded, exposing the round rocks and making it very slippery I had trouble taking the pictures I wanted Also, the concrete slopes steeper as it nears the water and ends in an overhang Pets and children could fall in and not be able to get out without assistance There's far too much privacy at Lower Roto Park None of the surrounding residences have a clear line of site to it, resulting in a public space where anyone can go and break the law without fear of being caught This is unacceptable My proposal is for the city to surplus all or part of the unwanted unacceptable Lower Roto Park instead of the highly wanted and greatly cared for Ironsides Park / Water Reservoir #14 (For the purpose of discussion allow me to use the tax appraised values mentioned above) Surplussing Lower Roto Park could produce $236,660 00 of revenue for the parks department $78,820 00 could and should be used to reimburse the Water Department for it's ownership share in Ironsides Park / Water Reservoir #14, transferring complete ownership to the Parks Department The resulting $157,840 00 could be used by the Parks Department to re -hire laid off employees and /or start a build /repair project, helping to stimulate the economy through job growth Who loses 4/5/2011 Page 4 of 5 The litterers at Lower Roto Park The drug abusers at Lower Roto Park The vandalizers and graffiti artists at Lower Roto Park Who wins The City of Bremerton General Fund Surplussmg the Lower Roto Park property and selling it to a private investor with the intent of building private single family waterfront/view residences would create a stream of property tax revenue at the highest residential rate I'm guessing l0k to 15k or more in gross yearly tax revenue could be created Parks Department Surplussing the Lower Roto Park property could net the Parks Department $157,840 00 and transfer complete ownership of Ironsides Park / Water Reservoir #14 to the Parks Department, getting nd of an unwanted park with many liabilities and gaining a wanted park with great neighborhood support Water Department Surplussmg the Lower Roto Park property and purchasing the remaining interest in the Ironsides Park property would net the Water Department $78,820 00 filling their coffers for re- hires, or ending furlows, or improvements to our water system, or a reduction in our fees, or save it for a rainy day (they are the water department after all) Evergreen Park Neighborhood Losing Lower Roto Park is a gain to the neighborhood It is one of the last remaining properties from the era when this neighborhood had a problem with drugs Huge strides have been made in recent years with the revitalization of this neighborhood The drugs have been almost entirely eradicated With the improvements of Evergreen Park, better zoning, four year degrees at OC, two large and stable employment centers in PSNS and Harrison, and the announcement of the extension of the boardwalk, this neighborhood is solidly enjoying a bull market -like revival and attracting investors and residents from around the puget sound region, myself included (mercer island) and my renters (south seattle, he works at UW, she works for a non - profit, their housemate works at the shipyard, A -plus rentersl) Surplussmg Lower Roto Park and developing waterfront view homes would create a great bookend for the further revitalization and gentrification of the dead -end street portion of Elizabeth Avenue and beyond Manette Neighborhood Correctly classifying Ironsides Park would please the residents of Manette greatly It would let us know that the city has been listening and understands our vision for our neighborhood We've been fighting with our own time and money for a long time now and have been blmdsided by a very serious and unfair health condition to our most inspirational leader We won't give up, but we sure could use a little bit of good news Real Estate Developers and Related Industries Even in our economic downturn, private waterfront view homes are highly desired I'm sure many investors, builders, laborers, agents and buyers would be interested in a surplussed waterfront view property What's that? it sounds like fob creation around here The Bremerton City Council First I would like to say "Thank You Very Much I" for taking on the challenges of city 4/5/2011 Page 5 of 5 government in these times of great financial turmoil I'm sure if you figured out how much time you really spend governing our city you'd find you make less than minimum wage "Thank You For Your Sacrifice and Your Example of What True Service Is I" The council wins by addressing the needs of the citizens of this great and resilient city with a progressive approach leading to a win -win result It is a rare event to be able to please residents, developers, commerce, park users, and bean counters with the same action I believe this proposal presents that kind of opportunity for the council In times of budget crisis, a sitting government doing the right thing often results in a loss of votes leading to a loss of office I believe this is the opposite of that situation You all have the chance to do the right thing and gain votes and retain office through pleasing two neighborhoods while raising revenues for three separate budgets and creating jobs You are the deciders Please decide thoughtfully with a clear conscience The council could come out heroes with the correct decision Thank you very much for reading my email If I had more time to write it I could have made it shorter I'll email the photos I took of Lower Roto Park when I can figure out how to get them out of my cel phone I love this city' John Strauss 4/5/2011