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HomeMy WebLinkAbout2024.11.12 YMCA renewal letter to J McCullumNovember 12, 2024 Via email to: jmccullum@gth-law.com YMCA of Pierce and Kitsap Counties 4717 S 19th Street, #201 Tacoma, WA 98405 Re: Renewal of Concession Agreement Dear Jemima: As you know, I represent the City of Bremerton (“City”). The primary purpose of this letter is to acknowledge receipt of the YMCA’s intent to exercise its option to renew (both Recreation Area and Pool) as stated in your letter dated October 17, 2024. This is the second of five (5) potential one-year periods of renewal, and thereby extends the term to run from April 1, 2025, through March 31, 2026. The City accepts this notice as sufficient, timely, and a proper exercise of the YMCA’s renewal option. I can confirm that at this time the City has no plans to close the Pool during this renewal term, nor does it intend to terminate the YMCA’s operation, management and maintenance of the Pool during the renewal term. However, should circumstances change, as you are aware the City retains the ability to do so with 90 days prior written notice to the YMCA per Section 2.2.2 of the Agreement. Regarding waiver of any of the YMCA’s obligations set forth in the Agreement, the City acknowledges that the YMCA’s financial contribution toward maintenance, repair, and improvements is capped at $50,000 per year and any major improvements toward the ongoing leak issues will likely exceed that amount. With respect to public access set forth in Section 3.2.1(e), the City has not been made aware of any closures or reduction in operating hours that have limited public access. Further, Section 3.2.1(e) contemplates that “public access can be reexamined and increased based on several factors…” as listed in the Agreement, but does not appear to contemplate any limitation on public access. Of course, if the building is in an unsafe and unusable condition due to roof and maintenance issues, that could certainly limit access for the public as well as YMCA members. If that has been necessary, please let me know so that it can be addressed further. Office of the City Attorney Kylie Finnell, City Attorney Tel 360-473-2345 Fax 360-473-5161 345 6th Street, Suite 100 Bremerton, WA 98337-1873  Page 2 November 12, 2024 With respect to the ongoing condition of the building, Brian Hauschel, the City’s Parks Operations Manager, has reached out to YMCA staff to move forward with what the City views as short term repairs to the facility to keep it operational. With respect to the long term repairs previously discussed, the City has secured and budgeted for a Washington State grant in 2025 to cover an overall assessment of the building condition (pending City Council approval). Additionally, Tim Barker, the City’s new Director of Parks and Recreation, has been briefed on these issues related to the YMCA and will begin taking an active role in assisting with moving them forward. If you would like to discuss any further, please let me know. Regards, Mychael Raya Assistant City Attorney Cc: Tim Barker, Director of Parks & Recreation Brian Hauschel, Parks Operations Manager