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4948
GOLD MOUNTAIN GOLF LEASE & IRRIGATION WATER SUPPLY
Interdepartmental Agreement
Public Works & Parks
LEG 12-1
8/18/2010
12/31/2020
6/1/2020
Comments :
INTERDEPARTMENTAL AGREEMENT
FOR GOLD MOUNTAIN GOLF COMPLEX LEASE
AND IRRIGATION WATER SUPPLY
I. LEASE
WHEREAS, the City of Bremerton Department of Public Works & Utilities, through its
Water Utility division, (hereinafter known as "Utility"), owns a parcel of land located south of
the West Belfair Valley Road, Kitsap County, Washington legally described in Section 1 below;
and
WHEREAS, the City of Bremerton Department of Parks and Recreation, (hereinafter
known as "Parks") operates and maintains a golf complex facility upon said property known as
the Gold Mountain Golf complex, and
WHEREAS, the land Lease for said property executed by the parties on May 9, 1995
and the Irrigation Water Supply Agreement executed by the parties September 15, 1999 have
both expired and the parties desire to enter into a new Lease and Irrigation Water Supply
Agreement,
NOW THEREFORE, both parties agree as follows:
1. Premises. Utility is the owner of approximately 320 acres of land legally
described as follows:
Part W 1/2 NE 1/4, part NW 1/4 SE 1/4, part N 1/2 S W 1/4, part NW 1/4,
Section 1; part E 1/2 NE 1/4 Section 2; all in Township 23 North,
Range 1 West, W.M.
Part SE1/4 SE1/4 Section 35; part SWl/4 SE1/4, part SWl/4 Section
36; all in Township 24 North, Range 1 West, W.M.
which is delineated on an aerial photo-map labeled Exhibit "A" attached hereto and made a part
of this agreement by this reference.
The Utility hereby leases to Parks, and Parks hereby leases from the Utility, the above-
described real property, together with all the rights, privileges and easements thereon (hereby
referred to as the "Premises"), for the uses and purposes described below. The leased Premises
herein do not include the Gold Mountain Clubhouse and related golf facilities and improvements
which are improvements owned by Parks.
2. Uses and Purposes. Parks shall have the use and occupancy of said Premises for the
purpose of operating and maintaining a golf complex.
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Lease and Irrigation Water Agreement
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3. Term. The term of this lease shall begin January 1, 2011 and terminate December
31, 2020 subject to the terms and conditions contained herein.
An annual review by the Utility, Parks and its Contractors shall occur no later than forty-
five (45) days prior to the anniversary date of this agreement to discuss issues and propose any
revisions or adjustments in the agreement.
4. Rent. Parks covenants to pay to the Utility as rental for the Premises, the sum of
Four Thousand Three Hundred Eighty-One Dollars ($4,381.00) per month. Commencing
January 1, 2012, and on January l of each successive year thereafter, the rent shall
automatically be increased based upon the most current Consumer Price Index (CPI) for all
urban consumers, Seattle. A negative CPI will result in no change to the rent.
5. Responsibilities. The Utility agrees to provide said premises as is. Parks agrees to
fully maintain and operate the Premises only as a golf complex and further agrees to provide all
repairs and maintenance to the Premises. Parks also agrees to provide, or shall otherwise pay for
when due, all costs for providing utilities and other services upon the Premises. Any
environmental damage or costs attributable to the operation or development of the golf course
complex facility shall be the sole responsibility of Parks and\or its Contractors.
Other specific responsibilities and conditions are described in Exhibit "B", attached
hereto and made a part of this agreement by this reference.
6. Easements. The Utility retains utility and access easements over the leased
Premises as currently developed. Parks may relocate theses easements, after consultation with
the Utility, at Parks' expense. New utility and access easements shall be developed after
consultation between the parties.
7. Timber. The Utility shall retain ownership of all timber on and adjacent to
the Premises and shall have the right to manage such timber as long as it does not unduly
interfere with the operation and maintenance of the golf course and club house facilities. Parks
shall consult with the Utility prior to falling or removing any timber in conjunction with golf
course operations or maintenance. The Utility shall receive the net value of any harvested
timber.
8. Odor Easement. The Utility shall retain an easement for odor incursion
onto the leased Premises at levels currently existing from its biosolids application areas to the
east and west of the Premises, but agrees to use all reasonable application and storage techniques
to minimize such incursion.
To further mitigate odors from Site 1 on the west side of the course, the current biosolids
storage operation near the golf course maintenance facility will be moved to a location or
locations further distant from the course. This move will be accomplished when an additional
storage facility or facilities are constructed to replace the current facility. This construction and
Gold Mountain Golf Complex
Lease and Irrigation Water Agreement
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relocation will be completed by December 31, 2011, unless unforeseeable budget or other issues
delay construction of an alternate biosolid storage site. Location of biosolids storage facilities is
shown on Exhibit "C", attached hereto and made a part of this agreement by this reference.
II. IRRIGATION WATER SUPPLY
THE TERMS AND CONDITIONS for the sale of water by the Utility for the irrigation
of the Bremerton Gold Mountain Golf Course Complex (hereinafter known as the "Golf
Course") through Parks is subject to the terms and conditions set forth herein. The Utility agrees
to sell and deliver to Parks and Parks agrees to purchase and receive water to be used for
irrigation of the Golf Complex.
1. Term. The term of this section for irrigation water supply shall be the same and run
concurrently with the lease section of this agreement.
2. Interruptible Service. Due to water storage facilities operated by the Golf Course;
and due to the need of the Utility to meet peaking demands on its water system, it is agreed to be
in the best interest of both parties that the provision of irrigation water pursuant to this agreement
be on an interruptible basis.
Upon notification by the Utility to Parks, delivery of irrigation water pursuant to this
agreement may be immediately suspended entirely for a period not to exceed fourteen (14)
consecutive days. Further, provision of irrigation water may be restricted to some lesser degree
for longer periods of time. Such interruptions shall not be of excessive time or duration as to
exceed the capacity of the Golf Course to meet its irrigation needs from a combination of current
irrigation water deliveries by the Utility and a draw-down of Golf Course storage facilities.
3. Rates. The Utility agrees to charge Parks and Parks agrees to pay the Utility for all
irrigation water delivered pursuant to this agreement at the rate of $0.83 per hundred cubic feet
(HCF). This rate has been computed based upon considerations set forth in Section 2 above
detailing the Interruptible Service provided to the Golf Course. Rates shall be adjusted each
calendar year by the same percentage change as that made to the water rates for commercial
customers over the preceding year.
4. Payment. Payment for irrigation water supplied pursuant to this agreement shall be
made on a bimonthly basis applying the same terms and conditions as provided the Utility's
retail customers.
5. Facilities. The Utility agrees to furnish, install and maintain all facilities necessary to
provide service at the currently established points of irrigation water delivery. Title to all such
facilities shall remain with the Utility.
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Lease and Irrigation Water Agreement
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6. Measurement. Irrigation water provided pursuant to this agreement shall be metered
where appropriate by suitable metering equipment of standard manufacture. This equipment shall
be installed and maintained by the Utility at its expense. In the event of failure of inetering
equipment, the Utility shall estimate the amount of irrigation water delivered for the period of
time during each failure.
7. Reporting Requirement. The Utility shall assume responsibility for preparing,
maintaining and filing all reports required as a result of providing irrigation water pursuant to
this agreement.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures below.
CITY OF BREMERTON
BY:
PATTY L , a or
DATE: � � �c� � � Q
DEPARTMENTAL APPROVALS:
t�.�.
VINCENT AKHIMI , Director of Public Works & Utilities
WYN BI NTHAL, Director of Parks & Recreation
TO FORM:
RO ER LUBOVICH, City Attorne
RECE VED FOR FILING:
� �
��
CAROL TGEN, Ci Clerk
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]E����'�' «A��
P�O�'O-1VgAP �]F �,]EAS�BD P�ZlE1VV�ISES
(Not to Scale —�'ull size map available from �'orestry IlDivision GIS)
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EXHIBIT "B"
SPECIFIC RESPONSIB�LITIES AND CONDITIONS
Water Use and Protection Issues
The golf course facilities include the l, 5, and 10 year time-of-travel zones that are within
Wellhead Protection Areas for Wells 15, 17, 18, 19 and 20. Wellhead Protection Areas are
delineated on Exhibit "A". Because of the need to protect and conserve the City's water
resources, the following are to be implemented as part of the management and maintenance of
the golf course facilities by Parks and its Contractors:
A. Use of Irrigation Well 16 should be m�imized as much as possible.
B. Irrigation shall be conducted in such a manner to not exceed the evapo-transpiration
needs of the species of turf being grown. Parks and its Contractors shall develop
irrigation practices that conserve water.
C. Nitrogen-containing fertilizer is to be used at agronomic rates and applied in such a
manner as to preclude nitrate leaching into groundwater. Parks or its Contractor shall
provide the Director of Public Works & Utilities with a"Fertilizer Application Plan" for
approval by the Director. An annual report shall be submitted to the Director describing
fertilizer applications, amounts, locations and dates. The report shall be submitted by
December 15th annuallv.
D. No use of any pesticide shall be made on the Premises that has an EPA "groundwater
advisory" or is listed as "persistent, bio-accumulative, and toxic", or is listed on the
National Primary Drinking Water Regulations. Public Works reserves the right to
prohibit the use of other pesticides as appropriate and will notify Parks or its Contractors
when this action is to be taken. Parks or its Contractor shall provide the Director of
Public Works & Utilities with a"Pesticide Use Plan" for approval by the Director. An
annual report shall be submitted to the Director describing pesticide applications,
amounts, locations and dates. The report shall be submitted bY December 15th annuallv.
E. Best Management Practices (BMPs) for fertilizer and pesticide applications shall be
developed by Parks and its Contractors and followed by personnel involved in the
handling and application of these materials.
F. Storage of fuel and chemical shall be as prescribed by appropriate regulations. BMPs
shall be developed and followed for storage. As part of Public Works Wellhead
Protection Program, regular on-site inspections of fuel and chemical storage shall be
conducted by Public Works personnel.
Access
Access roads and security gates used for the golf course maintenance facility are also
utilized by Public Works personnel for forest management and biosolids program activities.
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Lease and Irrigation Water Agreement
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Federal, State and Local regulations require restrictive access to adjacent biosolids application
areas. The following will be observed by Parks and its Contractors:
G. Gates shall be kept secured at all times (closed during business hours and locked after
hours).
H. Road maintenance costs shall be cost-shared based on actual usage for the 1.3 miles of
main access road ("9000" Road).
I. Vehicle speed shall not exceed l5 miles per hour on the 9000 access road.
Grounds and Buildin�s
J. Buildings and grounds shall be kept in good repair.
K. Garbage and debris shall not be allowed to accumulate on the Premises.
L. Vegetation waste shall be disposed, treated or re-used so as not to accumulate on the
Premises.
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EXI�IBIT "C"
BIOSOLIDS STORAGE FACILITIES LOCATIONS
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