HomeMy WebLinkAbout2023 11 17 Ltr to Mychael Raya of City of BremertonReply to:
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Jemima J. McCullum
Direct: (253) 620-6520
E-mail: jmccullum@gth-law.com
November 17, 2023
Sent via email to Mychael.Raya@ci.bremerton.wa.us
City of Bremerton
345 6th Street, Suite 100
Bremerton, WA 98337
Attention: Mychael Raya
Re: Renewal of Concession Agreement
Dear Mychael:
As you know, our firm represents the YMCA of Pierce and Kitsap Counties (“YMCA”). I am
writing to you concerning its rights under the Concession and Management Agreement,
made effective October 10, 2011, as amended by that certain First Amendment, dated
December 4, 2020, Second Amendment, made effective May 32, 2021, Third Amendment,
made effective October 1, 2021, Fourth Amendment, dated January 1, 2022, Fifth
Amendment, dated March 19, 2022, and Sixth Amendment, made effective May 6, 2022
(collectively, the “Agreement”) expires on March 31, 2024 (“Expiration Date”).
The Agreement provides for an opportunity for the YMCA to extend the Agreement for an
additional one-year period up to five times during the term of the Agreement, which first one-
year period, if exercised, would cause the Agreement to renew and run an extended term
from April 1, 2024 through March 31, 2025 (the “Option”).
The purpose of this letter is to notify you that the YMCA is hereby exercising the Option to
extend the Agreement for the Facilities (Rec and Pool) for one year through March 31, 2025.
Upon exercise, the YMCA will have four (4) more one-year renewal options remaining.
We would appreciate your sworn affidavit and written acknowledgement that this extension
was properly exercised.
Simultaneously, we wanted to bring up an issue under Section 3.2.1(e) & 4.5.1 of the
Agreement. Specifically, the Agreement calls for certain obligations of the YMCA and also
Gordon Thomas Honeywell LLP
November 17, 2023
Page 2
Law Offices | www.gth-law.com
[4892-3402-4081]
contemplates the YMCA being excused from those obligations due to leaky roof issues. Due
to continuing leaks in the pool room through the roof and walls, the YMCA is unable to meet
the obligations Section form in Section 3.2.1(e). We would appreciate your written
acknowledgement of the current condition of the pool and waiver of the YMCA’s obligations
set forth in Section 3.2.1(e) and 4.5.1 of the Agreement.
We would also appreciate the City confirming that it has no independent plans to close the
pool during the renewal Term or to terminate the YMCA’s operation, management and
maintenance of the Pool during the renewal Term.
We would also appreciate the City’s confirmation that it is actively pursuing governmental
funding for the work needed to the pool at the facility.
We have prepared a Seventh Amendment to codify the extension, enclosing it for your
review. Please let us know if it is acceptable for signature.
Sincerely,
Jemima J. McCullum