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Home My WebLink About2547 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 2547 YMCA Concession Agreement Parks LEG 12-1 12/06/1984 01/20/2015 06/01/2014 Amendment #1-9/90 #2-8/02 #3-2/09 & Reimbursement Agreement for 2009 Staffing Option to renew for 2 ten yr terms Negotiations to begin 7/1/2014 CONCESSION MODIFICATION AGREEMENT NO..u- BETWEEN THE CITY OF BREMERTON AND KIT SAP YMCA TIDRD AMENDMENT TO KITSAP YMCA CONCESSION AGREEMENT DATE JANUARY 21. 2009 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE KITSAP YMCA CONCESSION AGREEMENT (the "Contract") entered into between the City of Bremerton and KitsaD Familv YMCA on December 6. 1984, which ae:reement was amended on Seotember 19. 1990 and Aue:ust 7. 2002. All provisions in the concession agreement shall remain in full force and effect except as expressly modified by this document. F or valuable consideration and by mutual consent of the parties, the modifications to the Concession Agreement are as follows: I. Section 8a , is modified as follows: 8. CONCESSION CONSIDERATION FEES AND COSTS: a. It is agreed and understood that the YMCA shall pay to City an annual concession fee in the amount of $25,000.00. The annual concession fee shall be computed and paid quarterly by the YMCA within thirty (30) days after expiration of each quarter. This fee shall be adjusted on April 1 of each year based on the annual change in the Consumer Price Index (CPI-U) as published by the Bureau of Labor Statistics for the U.S. Department of Labor for the Seattle Metropolitan statistical area (1982-84=100), as published for the month of January of the prior year; providing the percentage increase for any single year shall not exceed seven percent (7%). The first adjustment shall not occur until January, 1992. Except thatthe City shall not collect a CPI adjustment to the current concession amount beginning in 2010 and until such time as the amounts that would have been collected by the CPI adiustments cumulatively reach the $6,000.00 paid to the City bv the YMCA pursuant to the Kitsap YMCA/Jarstad Aquatic Center Reimbursement Agreement. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Concession Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a concession modification that is binding on the parties of this agreement. 1 3rd Amendment to Kitsap YMCA Concession Agreement IN WITNESS WHEREOF, the parties have executed this Concession Modification on the day and year first written above. KITSW:Y~ By Glen Godfrey Its Executive Director DATE: I /~~ ) oc;' , I APPROVED AS TO FORM: ~ Bremerton City Attorney 3rd Amendment to Kitsap YMGA Concession Agreement DATE: o1j~ lor ATTEST: (}dt f!lp41) City Cle . NOTICES TO BE SENT TO: Mr./Mrs. Title City of Bremerton Engineering Department Address 1 Address 2 Phone/Fax 2 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, Cary Bozeman, Mayor of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of said municipal corporation. GIVEN und~pN~/~~dftaij~ official seal this 'I:tA) day Of~4~ " 2009. ~~~~~"""'~1v.~~ r"'~OTAl!;';::\ (lj.l~ Ar rJ:.-nA -= f : MAY 15, 2010: ~ Notary :dc in anrfu;fue S~ of \$;'. PtJBL1C ...~5J washington,reSiding~ " ~ '. .' 0," My appointment expires: .. ~..- '~"" 0;' · · . · . .~ \~"" '111 WAS II"~ 1IIIflllllI\\\\ STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, Glen Godfrey, Executive Director of the Kitsap Family YMCA, the organization that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that (s)he was authorized to execute the said instrument on behalf of said organization. 2009. GIVEN under my hand and official seal this Olftt:A,) day of r; -t.' " -'(j _ , (l JLJ.:tf-' ~,oI,~-46(- Notary P lie in an for the State f Washington, residing at ~~~) My appomtment expIres: ~ \_\:\1Ij\\IW1f"JfII/fJlK "".',,,,! IL L "'1 ,\' a'..~ '-" '7".~ '1,- ....' ~~\'\:~.-...:'Jk'~ ...'~' tilti . ~.,. l (J.,' """\. OTARy.....t-\ = . ~ 0 _ = . 6 = ~ : MAY 15, 2010: ~ -,n. .~- ~";1.. 'O~ ~"7:' PUBL1C /1-;. f ......,./~... .. 0~~ "'....'0...... ~.l.\~" " ,... S,~"'" '1/11"" W A,," 11/""1111"\\ KITSAP YMCA / JARSTAD AQUATIC CENTER REIMBURSEMENT AGREEMENT THIS AGREEMENT entered into by and betWeen the City of Bremerton, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as "City"), and the Kitsap Family Young Men's Christian Association, an operating branch of the Armed Services YMCA of the USA (hereinafter referred to as "YMCA"). WITNESSETH: WHEREAS, City owns and operates the Glenn Jarstad Aquatic Center; and WHEREAS, City provides access to the Aquatic Center for YMCA members during public hours of operation; and WHEREAS, reductions in the City's 2009 part-time labor budget have resulted in the elimination of Saturday and Sunday operation of the Aquatic Center; and WHEREAS, the City and YMCA wish to enter into an agreement that would restore Saturday and Sunday programming at the Aquatic Center mutually benefiting YMCA members and the general public; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. City agrees to operate the Jarstad Aquatic Center Saturdays and Sundays during the 2009 calendar year and to continue to make the facility available for YMCA member and general public use during public hours of operation, currently 12:00 PM - 3:30 PM, under the conditions, policies and procedure established by the City of Bremerton Parks & Recreation Department. 2. The YMCA agrees to reimburse the City $6,000.00 to pay the net cost of staffing the Aquatic Center on Saturdays and Sundays in 2009. In exchange, the YMCA will receive future credit through partial reduction in the annual CPI adjustment identified in Amendment #3 attached hereto as Exhibit A. The reimbursement payment shall be paid as a lump sum to the City within the 2009 calendar year. This agreement may be terminated by either party with thirty (30) days written notice, with the City reimbursing the YMCA for the unused portion of the reimbursement payment prorated monthly. 30 All other terms and conditions of the Kitsap YMCA Concession Agreement effective December 6, 1984 and as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as ofthe date set forth below. By: DATE:oZ/"ik9 f I KITSAP F AMIL Y YMCA By: .W2 ~ GLEN GODFREY, xecutl ore DATE:#Cj STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) On this day, before me, Cary Bozeman, Mayor ofthe City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of said municipal corporation. \ \ I \ 11111/ 11 I -\\\\ '(L LillI , v. GIVE...~~....:rm.y~1~d official seal this ~) day of ~11J.{1..l_O.A~~ 2009.:: v. ....., OTA.l> t~ ~r..t.~ :: .~' ~r. ~ ~ .... II II ... /~J ~(j):MAY15,2010~ ~ C.lj~~ (ft.JY--L.-vt.A&- S.....\.. P : Sf Notary P hc In and for the Sta of 'ti'" lIB LIe" '&=../ Washington, residing at i2.t~ C) ""'10; 'w' ., 's~: \~\\,\' My appointment expires:.s-E; t> ~ A ~~ ' 11111111111\\\\ STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) On this day, before me, Glen Godfrey, Executive Director of the Kitsap Family YMCA, the organization that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that (s )he was authorized to execute the said instrument on behalf of said organization. GIVEN under my hand and official seal this ~ $t;-.h day of 9-()..4t_n~ ' 2009. \\U\IIII'JII \\\\\?-'<L L Ji'111 ~ ",-<-~ ..... ~1?' ~~ ~ /'C;"':"OT'A ~'t:-'~'~ ~ :: . >" <l.~r........ ~ Notary P lic in and for the S te of .... . . ",. ~ (j) : MAY 15, 2010: ~ MW ashin~otmn, restidin~ at ~;A 7hn...J ~.....\. .<: yappoIn en expIres: _~_ '"-;.-y}.'. PlJ C :of -~"'. BLl.'1.;.2 ""'~ .. . -__,0...... ".'<, Of::" D. ... :.1 \\.--:.<~'-~' '1111 WAS \:\\\,_\ 1111111111\\\- Attachment B GLENN JARSTAD AQUATIC CENTER WEEKEND STAFF COST CALCULATION WORKSHEET Day Saturday Saturday Program Time Adult Lap Noon-1 :30PM Public Swim 1 :30-3:30PM Total Staff Cost = $ 2009 50 Days 50 Days 6,335.51 Day Sunday Sunday Program Time Adult Lap Noon-1 :30PM Public Swim 1 :30-3:30PM Total Staff Cost = $ 2009 49 Days 49 Days 6,208.80 ~N;;"~-'-T'""'-:;~'r.;:-'-:". ~-.--:" .'~'.T;;-";:':--_.-;;\.......--r._,"",. ~--'~"~:-7"-..:-.$~.-:::-::-,:-;::-r-.., ~."~ -"-.'.'-.t ~.; 'r ..-:---.--:-....TI.T. ..-;-.-:'"'..,.....~"7.,-..--:;~.j l,rota,l~eelse'nC;l::Sta~tCost =';:'~:,f.~J.il'~;;"-:~~~:~:: ,.,' "$, \';j:'~:?"S44.3,1"1 ,. ',,' .'~'.'i<',.' "R"'w,,", ..~'.'.d' A,'" ,,,' 'tc....~,.~..,.""r,.v'.. . .....' , '...' ::'$"'1"'2'''50''0''0'0' "J L:~J2..~>J_~..:.:_;..,g!!~~~::~JTlo~!t_7i;i~K:~~~::..:..__c':".r.:.-i"-____~~,:2-'-... cL::Loj Projected Revenue 2009 (Adult Lap and Public Swim) Saturday $ 3,500.00 Sunday $ 3,000.00 :To't~r.;,~.,". /.::'.$:':",:6,500.00:,}:-:~~~-~, ": .. $:~",:6,500~QOi; 1___ __ l.. ...,__...:.__!_.__:~_.___o>............,...L.:~~._~~........._ _,--,_ _..___._~_ _....~,t"......,. __.::..__...._.,.__"_~____.__.:__~~_""'",_...:._L,"'--.~._.__~__.......1 [~-~_=T;~~~~~~:-.=~-o~~ _-='==-_~~-='~~~YPJ1f~_-~~!!T~n. .~ .___ _ -~'~6~~@~_~Ci.] GLENN JARSTAD AQUATIC CENTER STAFF COST SUMMARY (City provides staffing for Public programs and YMCA rentals) Hours Rate per Base FICA, Total Worked Hour Expense l&I, Other Cost 3.75 $1'0.26 $38.48 $10.39 $48.86 3.75 $8.59 $32.21 $8.05 $40.27 Days Hours Hours per per per 3.50 $8.59 $30.07 $7.52 $37.58 Year Day Year 11.00 $27.44 $100.75 $25.96 $126.71 50 3.75 187.50 Day Saturday Time Noon-1 :30PM 1 :30-3:30PM Position Senior Guard Lifeguard #1 Lifeguard #2 Totals Program Adult Lap Swim Public Swim Open/Close Total Hours # Hours 1.5 2.0 0.25 3.75 I----:-.-~:-.-. -- -"--~--~------' -----...,-- --.------~~ L..~_. _~I}!'!!C!t~~~~r~~Y_ ~t~f!~~~:_...___16i~~~_~l~ Hours Rate per Base FICA, Total Worked Hour Expense L&I, Other Cost 3.75 $10.26 $38.48 $10.39 $48.86 3.75 $8.59 $32.21 $8.05 $40.27 Days Hours Hours per per per 3.50 $8.59 $30.07 $7.52 $37.58 Year Day Year 11.00 $27.44 $100.75 $25.96 $126.71 49 3.75 183.75 Day Sunday Time Noon-1 :30PM 1 :30-3:30PM Position Senior Guard Lifeguard #1 Lifeguard #2 Totals Program Adult Lap Swim Public Swim Open/Close Total Hours # Hours 1.5 2.0 0.25 3.75 ,.-----.-.--.-.- c~:--.__. - -.-...-- .---- -----------.-. -- - ......_-~ L.._~~_~~~~! ~~I}~~~ S~a!f_~~~t:..___.~ j~_..~~~_~~g~ .-..------ --.--....--.... ----- ----...-------~-----,,---"._. [' ...' Annual Week~nd Staff Cost: . $f~,544.30! 1--.----- -----..--;---- -.-, -. -----.- ----- _..-.- -:----..-:\ ,: ". ,> . . Rounded Amount: $ 12;500.00 i 1. _u "__'__' .__ ___"__._______ ._'__ ...._._ .---..----- ...-.-.--.-.-., Projected Revenue 2009 (Public Programs) Saturdays $3,500.00 Sundays $3,000.00 ! '.. '," ,-,-", ;,''':,';'.,' :~" 1" ,:' ':t~ ~~, ~,'~',- ," --""':1 ITotal,Rev;,:~". >',:,:_', ..' ,: $6 500.00;1 L,.___ ____,__..:_;:.tj..,~__._~.l:...:.......:._,;.:~.__._=__,~__~.~.:....._:..._,____,: ~~ .: ,""':'-...:J . 2009 Weekend Staff Cost: 2009 Weekend Revenue: /:::~~; < ,YMCA p~i~~l1t: .' . $12,500.00 $6,500.00 '$6;600:0'0 Exhibit A CONCESSION MODIFICATION AGREEMENT NO. BETWEEN THE CITY OF BREMERTON AND KITSAP YMCA THIRD AMENDMENT TO KITSAP YMCA CONCESSION AGREEMENT DATE JANUARY 21. 2009 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE KIT SAP YMCA CONCESSION AGREEMENT (the "Contract") entered into between the City of Bremerton and Kitsav Familv YMCA on December 6. 1984, which ae:reement was amended on Sevtember 19. 1990 and AU2ust 7. 2002. All provisions in the concession agreement shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Concession Agreement are as follows: I. Section 8a , is modified as follows: 8. CONCESSION CONSIDERATION FEES AND COSTS: a. It is agreed and understood that the YMCA shall pay to City an aIinual concession fee in the amount of $25,000.00. The. annual concession fee shall be computed and paid quarterly by the YMCA within thirty (30) days after expiration of each quarter. This fee shall be adjusted on April I of each year based on the annual change in the Consumer Price Index (CPI-U) as published by the Bureau of Lab9r Statistics for the U.S. Department of Labor for the Seattle Metropolitan statistical area (1982-84=100), as published for the month of January of the prior year; providing the percentage increase for any single year shall not exceed seven percent (7%). The first adjustment shall not occur until January, 1992. Except that the City shall not collect a CPI adjustment to the current concession amount beginning in 2010 and until such time as the amounts that would have been collected by the CPI adiustments cumulatively reach the $6,000.00 paid to the City by the YMCA pursuant to the Kitsap YMCA/Jarstad Aquatic Center Reimbursement Agreement. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Concession Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a concession modification that is binding on the parties of this agreement. 3rd Amendment to Kitsap YMCA Concession Agreement Exhibit A IN WITNESS WHEREOF, the parties have executed this Concession Modification on the day and year first written above. KITSAP FAMILY YMCA By Its Glen Godfrey Executive Director DATE: APPROVED AS TO FORM: Bremerton City Attorney NOTICES TO BE SENT TO: 3rd Amendment to Kitsap YMCA Concession Agreement THE CITY OF BREMERTON By Its Carv Bozeman Mayor DATE: ATTEST: City Clerk NOTICES TO BE SENT TO: Mr./Mrs. Title City of Bremerton Engineering Department Address I Address 2 Phone/Fax 2 +Enter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions Contract Number 2547 Vendor Name YMCA Subject CONCESSION AGREEMENT Department ADMIN SERVICES Status Code GEN $20.00 Amount I Begin Date 12/06/1984 Insurance End Date 01/20/2015 Type Amount Review Date 06/01/2014 + GL $20O0000.O0 , ~u~ ~o.~ ~oooooo.oo ~ Insurance Review Date 08/01/2004 Comments OPTION TO RENEW FOR 2 TEN YR TERMS - NEGOTIATIONS TO BEGIN 7/1/2014 + SECOND AMENDMENT TO KITSAP YMCA CONCESSION AGREEMENT THIS AGREEMENT entered into by and between the City of Bremerton, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as "City"), and the Kitsap Family Young Men's Christian Association, and operating branch of the Armed Services YMCA of the USA (hereinafter referred to as "YMCA"). WITNESSETH: WHEREAS, the parties entered into a concession agreement effective December 6, 1984, for a recreational and meeting facility to serve the citizens of Bremerton, which agreement was amended on September 19, 1990; and WHEREAS, the City is negotiating a concession agreement for the construction of an ice arena facility in an area adjacent to the real property subject to the concession agreement between the City and the YMCA; and WHEREAS, a portion of the mai property currently provided to the YMCA in the concession agreement dated December 6, 1984 is required in order to construct the ice arena facility; and WHEREAS, the construction of the ice arena facility will result in mutual benefits to the City and the YMCA as a result of the creation of recreational area that will include the YMCA and the ice arena. In addition, the YMCA will benefit from the additional parking that will be constructed with the ice arena facility and available for use by the YMCA; and WHEREAS, the parties hereto agree to remove that portion of real property from the YMCA concession agreement, together with an adjoining nonexclusive ten (10) foot right of entry for construction, maintenance and repair of adjacent facilities, in order to allow the same to be used in the construction, maintenance and repair of the ice arena facility. 1 2"d Amendment to Kitsap YMCA Concession Agreement NOW THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Exhibit A of the Kitsap YMCA Concession Agreement effective December 6, 1984, as amended on September 19, 1990 is hereby amended to read as stated in Exhibit A-1 attached hereto and incorporated herein by this reference. 2. All references to "Exhibit A" in the Kitsap YMCA Concession Agreement effective December 6, 1984, as amended on September 19, 1990, shall, from the date of this amendment forward, refer to Exhibit A- 1 attached hereto. 3 All other terms and conditions of the Kitsap YMCA Concession Agreement effective December 6, 1984, as amended on September 19, 1990 shall remain in full force and effect. IN W1TNESS WHEREOF, the parties have executed this Agreement as of the date set forth below. By: ~,_.~--'~ ~ CARY BOI~EMAN, Mayor K1TSAP FAMILY YMCA DATE: Glen Godfrey, Ex~cutive~4~tJr 2 2 Amendment to Kitsap YMCA Concession Agreement STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) On this day, before me, Cary Bozeman, Mayor of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this ~ day of~, Notary Puritan a~nd for tJll~ State'of Washington, residing My appointment expires: STATE OF W'~i~I~5'TON ) ) SS. COUNTY OF KITSAP ) On this day, before me, Glen Godfrey, Executive Director of the Kitsap Family YMCA, the organization that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that (s)he was authorized to execute the said instrument on behalf of said organization. GIVEN and official seal this ~t/n dayof ~nt~_t¥'- 2002. ~ Notary Public in and for the State of Washington, residing at /~e~'~q~-t~ My appointment expires: R:~LEGAL\ContmctsXYMCA\2nd Amended YMCA Concession Agreement.doc 3 2nd Amendment to Kitsap YMCA Concession Agreement EXHIBIT A-1 LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT AT THE CENTER OF SAID SECTION 12 BEING APPROXIMATELY AT THE CENTER LINES OF SCHLEY BOULEVARD AND TWELFTH AVENUE; THENCE SOUTH 2°01'25'' WEST 1541.81 FEET; THENCE CONTINUING SOUTH 2°01'25'' WEST 280.00 FEET; THENCE NORTH 87°58'35'' WEST 110.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 87°58'35'' WEST 310 FEET; THENCE SOUTH 47054'02'' WEST 330.00 FEET; THENCE SOUTH 42006'07'' EAST 270.00 FEET; THENCE NORTH 65°46'40'' EAST 143.72 FEET; THENCE SOUTH 87o58'35'' EAST 230.00 FEET; THENCE NORTH 2°01'25'' EAST 360.00 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN HOMER R. JONES DRIVE, BEING A 43 FOOT WIDE STRIP, MORE OR LESS, AS MEASURED BETWEEN BACKS OF EXISTING SIDEWALKS; AND EXCEPT ANY PORTION LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTWNEST QUARTER OF SAID SECTION 12; THENCE NORTH 2°01'25" EAST ALONG THE EAST LINE THEREOF 460.48 FEET; THENCE NORTH 81°50'04'' WEST 49.07 FEET TO THE TOP OF A BANK AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 81050'04" WEST 238.24 FEET TO THE BACK OF AN EXISTING SIDEWALK; THENCE SOUTH 7°45'25'' WEST ALONG SAID SIDEWALK 34.99 FEET; THENCE NORTH 82000'54'' WEST 181.62 FEET; THENCE SOUTH 7°59'06'' WEST 174.03 FEET; THENCE SOUTH 59045'59'' EAST 174.78 FEET TO THE BACK OF AN EXISTING SIDEWALK BEING A POINT ON A CURVE WHOSE CENTER POINT BEARS NORTH 57° 19' 12" WEST 229.36 FEET; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 35°26'41'' FOR AN ARC DISTANCE OF 141.89 FEET; THENCE SOUTH 32°16'28'' EAST 106.04 FEET; THENCE SOUTH 78°02'26'' EAST 226.39 FEET TO THE SOUTH LINE OF 4 2"d Amendment to Kitsap YMCA Concession Agreement THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE SOUTH 87o55, 14" EAST ALONG SAID LINE 7.60 FEET TO THE TOP OF A BANK; THENCE NORTHERLY ALONG SAID TOP OF BANK TO THE POINT OF BEGINNING; SUBJECT TO A NONEXCLUSIVE 10-FOOT WIDE RIGHT OF ENTRY RESERVED UNTO GRANTOR AND ASSIGNS FOR CONSTRUCTION, MAINTENANCE AND REPAIR OF ADJACENT FACILITIES, THE SOUTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE NORTH 2°01'25'' EAST ALONG THE EAST LINE THEREOF 460.48 FEET; THENCE NORTH 81o50'04" WEST 49.07 FEET TO THE TOP OF A BANK AND THE POINT OF BEGINNING OF THIS LINE; THENCE CONTINUING NORTH 81050'04" WEST 238.24 FEET TO THE BACK OF AN EXISTING SIDEWALK AND THE POINT OF TERMINATION OF THIS LINE. 5 2nd Amendment to Kitsap YMCA Concession Agreement ADMINISTRATIVE SERVICES 239 4th Street · Bremerton, WA 98337 ° (360) 478-5290 ° FAX (360) 478-5200 October 3, 2000 Glen Godfrey, Executive Director Kitsap Family YMCA 60 Magnuson Way Bremerton WA 98310 Re: Letter of Understanding Dear Mr. Godfrey: This letter is meant to supplement the current concession agreement #2547. CPI: The base fee will be adjusted annually for the quarter beginning April 1 using the CPI change published in January of the same year for the year ended 12/31 of the prior year. Membership Fees: The fee for memberships is increased as of January 1 each year based on the average membership reported during the preceding four quarters ending September 30th of the previous year. Per our discussion, the 2000 membership fee is increased on the same schedule as the base fee using the membership counts for calendar year 1999. The above methodology will be used commencing third quarter .2000 for calculating the concession rent. Sincerely, ~on~''L ~rey~~ Mayor Executive Director City of Bremerton Kitsap Family YMCA PGJ/jer Equal Opportunity Employer AMi~DED KITSAP YMCA CONCESSION AGREEMENT THIS AGREEMENT entered into by and between the City of Bremerton, a municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as "City"), and the Kitsap Family Young Men's Christian Association, an operating branch of the Armed Services YMCA of the USA, (hereinafter referred to as "YMCA"). WI TN E S S E TH: WHEREAS, the parties entered into a concession agreement effective December 6, 1984, for a recreational and meeting facilities to serve the citizens of Bremerton; and WHEREAS, the Fee Committee, established by subparagraph 8e of said agreement, to monitor negotiations and resolve disputes, has recommended revision of the concession fee to reflect experience under the contract with YMCA pool usage, one consideration in establishing the original fee structure; NOW, THEREFORE, in consideration of the mutual covenants set forth herein; the parties agree as follows: 1) Subparagraph 8a of the Kitsap YMCA Concession Agreement effective December 6, 1984 shall be amended to read: 8. CONCESSION CONSIDERATION FElr.q AND COSTS: a. It is agreed and understood that the YMCA shall pay to City an annual concession fee in the amount of $25,000.00. The annual concession fee shall be computed and paid quarterly by the YMCA within thirty 00) days after expiration of each quarter. This fee shall be adjusted on April 1 of each year based on the annual change in the Consumer Price Index (CPI- U) as published by the Bureau of Labor Statistics for the U.S. Department of Labor for the Seattle Metropolitan statistical area (1982-84=100), as published for the month of January of the prior year; provided the percentage increase for any single year shall not exceed seven percent (7%). The first adjustment shall not occur until January, 1992. The annual concession fee shall also be increased as of January 1 by $25.00 per year for each YMCA membership in excess of One Thousand memberships, as determined by the average membership reported during the preceding four quarters ending September 30th of the previous year. In the AMENDED KITSAP YMCA CONCESSION AGREEMENT -1- event memberships are less than the previous year, the annual concession fee shall be decreased, but in no event, lower than $25,000.00. For purposes of determining membership totals under this section, YMCA youth memberships shall be counted as one-half a membership. Finally, the concession fee shall be adjusted for any month where daily fees during the month exceeded fifty percent (50%) of the total gross membership fees collected for the month. The concession fee shall include twenty percent of the daily fee collections for these months. Daily fees required by this agreement shall permit the use of the YMCA/pool facility during one business day to the same extent as a YMCA member. Gross membership fees shall include any amounts, except finance charges, for unlimited use of the YMCA/pool facility regardless of the use of said funds by the YMCA. Such gross membership fees shall not include any amounts received as daily fees. It is understood and agreed that there shall be a low cost daily fee for youth and military personnel at the YMCA facilities and City shall not discourage the said low daily fee for youth and military personnel. Membership in the Kitsap Family YMCA will entitle an individual to non-instructional use of the City pool facility at no additional charge. YMCA members will pay normal public fee charges for any instructional swimming classes offered by said City at the City pool facility. It is specifically agreed that YMCA shall reimburse City for any costs associated with City or generated by City for benefit of YMCA with YMCA!s prior notice and approval. Excepting the Selective Swim Program, YMCA member use and access the city's pool shall be the same as that of a non- member of the YMCA. 2) The balance of the concession agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. CITY OF BRE~ Dated: q-l,, ~q o By:~]/ LOUIS MENTOR, Mayor ATrEST: KATHLEEN McCLUSKEY, Clerk \\ AMENDED KITSAP YMCA CONCESSION AGREEMENT ~2- APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney KITSAP FAMILY YMCA Dated: ~ - 5~ -~ o BY:ch~ of the Board o~ ' Management Secretary UNITED STATES DEPT. OF INTERIOR Regional Director NATIONAL ARMED SERVICES YMCA OF USA Dated: ~-'1-~ BY: ~~~r-~ National~//Executive Director STA oF W^S GTO ) COUNTY OF KITSAP ) ON THIS dq,'Piday of .~g~, 1990, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared LOUIS MENTOR and KATHLEEN McCLUSKEY, Mayor and City Clerk, respectively, AMENDED KITSAP YMCA CONCESSION AGREEMENT -3- of the City of Bremerton, a municipal co~oration, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged to me that they signed and sealed same as the free and voluntary act and deed of the City of Bremerton for the uses and purposes therein mentioned. GlyEN UNDER MY HAND and official seal the day and year first above written. ~ otary Public in and for the State of I""~ ..~, it'. I. ]~ Washington, residing at:~ My appointment expires: !.c~q ?0 . STATE OF WASHINGTON ) : $$ COUNTY OF KITSAP ) ON THIS ~ ~day of ~L)~r~990, before me, the undersigned Notary Public in antat~ of Was.hi0gton, duly commissioned and sworn, personally appeared d~, Chairman of the Board and Secretary, respectively, of the Kitaap F~mily YMCA, to me known to be the individuals described in and who executed the within and foregoing instrument, and a~knowledged to me that they signed and sealed same as the free and voluntary act and deed of the Kitsap Family YMCA for the uses and purposes therein mentioned. GIVEN UNDER MY HAND and official seal the day and year first above written. otm hbii n and of Washington, residing at: My appointment expire~: ~'~_~' . AMEND~ KITSAP YMCA CONCESSION AGREEMENT -4- STATE OF WASHINGTON ) : SS COUNTY OF KITSAP ) ON THIS 7 day of ~, 1990, before me, the undersigned Notary Public in ~and for the State of ~,.duly commission~[,.and sworn, personally appeared .,~e~. ~-q.-,..-sz and ~ident ani]-Secretary, respectively, of the National ^rmesl ~erwces YMCA'st6f the ~ISA, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged tome that they signed and sealed same as the free and voluntary act and deed for the National Armed Services YMCA's of the USA for the uses and puq~oses therein mentioned. GIVEN UNDER MY HAND and official seal the day and year first above written. Notaxy Public in and for the State of W~fi~n, residing at: ~ My appointment expires: STATE OF WASHINGTON ) COUNTY OF ) ON THIS {..~_fi¢ day of ~.~.:._., 1990, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~. ~r~ of the United States Department of the Interior, National Parks Service, the organization that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. GIVEN UNDER MY HAND and official seal the day and year first above written. otm Public and for ol Washington, residing at: ~<)r~ Jgnd~. ..... _ My appointment expires: ,~./q? ?~g . AMENDED KITSAP YMCA CONCESSION AGREEMENT -5- OF THE FOLLOWING DESCRIBED PROPERTY: Lng ·t I contrail menu·ant at the clntlr of Section 12, Township ! E, W.H., ·aid center of said Section 12 b·lng ·pproxl··tsl¥ st ra·ction or the canter linel orSchll¥ Boulevard ·nd Tuelrth Avenue; ~ce S 200X'25· M XS~l.Bl Feet to the true point or beginning; thong· S Z"01'25" M ~050.?0 Feet to · contrail ·eno·ant, laid ·onu·s~t being on the ~Section line dividing Sections 12 and 13 st a point spproximotll¥ ~hera the csntarline or SchXa¥ Bcilevard intersects laid Saction line; thence S"lel8'lB" M 2G2.2~ Feet, more or lose, to th· north side or Stat· Secondary High~av No. 30]; thence N 70~27'~0" ~ along th· northerly eld· of said Highway 299.68 rs·t; thence S 1ge32,20· M liong wlltsrl¥ lid· of said High.ay 50 riot; thence in · northMeaterl¥ direction along the northerly aide or laid HlghMa¥ on · curve of radius 5q7.97 reef · dlltsnce of 227.32 reef; thence along · long the northeasterly side o~ laid Highway N qGeql~&O· M 1&3.21 feet; thence Nq3~18~0~ · Sa.q3 feett ·ore or less~ to I point on the back of thl sidewalk along the south side OF Ho·ar R.. 3ones Drive; thence ·cross Bald drive N [ q] rest, ·ore or less, to · Aoint on th· back OF the stde~mlk on ~he north · ida; thence ·long Fha back of th· lldlwalk on s curve to th~ right on a radius of kB.&5 Feat · dl·tsnca of ~k.kZ reef; th·nc· along bSGk OF sidewalk N · ?2.OB Feet; thence alon9 bock OF slde.slk on,·curv· to th· right ~lth · radius OF ~61.5 Feet, · distance or 216.78 rs~t; th·ncl along beck of sidewalk 12~19~07" E ID5.56 Felt; thence elo~g b·Gk Or aide.ilk on · curye to the right Mith e radius of 651.5 Feet ·.dllGence br 227.~? Fa·t; continua along back of eide~slk on · curve to the right ~ith r·diul k~1.31 Feet · dllt*~ncl of ~eet; thence N .68'~1v39· E 216.26 rest crolllHg Homer a. 3ones Drive et inter- section ~lth Schle¥ Boulevard; thence on I curve to th· left ulth ~ radius ~27.72 Feet · distance of &3.23 re·t; thenGo S 29~&~3S· £ 78.~ reit; thence S 8705B~3§" E 139.5 fe·t~ ·ori or 1see to true point or bagtn~lng, containing approxl·ately lB.1 acres. . .. SA~D PORTION DES~RIB£D AS FOLLOWS:. Beginning et a concrete.·onu·ent at the Canter or Section 12, Township 2~ N, Range I E, ~.H., said center or said Section 12 being lppros~stsl¥'et the · center lines or Schle¥ BoUlevard and T~sXrth Avenue; thence S 2e01~25· U 15~1.81 raet to Fha true point of beginning; thence 5'2~01v25m 'M 280'*r.et; thence N 87mSB'35. ~ lid reef to the true point or beginning; thence continuing N B7058'35" M 310 Flat; thence B ~?~S&~02· M 330o00 ~·et; thence S ~2e06'07" E 270.00 Feet; thenca N &Se&Gm~0" E 1&3.?2. riOt; thence S 87058~]5" £ 230.00 feet; thence N 2e01~2~" [ ]&0.O0 Fast to.the true point of beg'inning: Except · kO' wide otrip For Honer R. 3ones Drive es no~ exists. The above deocriptton Contalnl 3.52 acres. CONSENT TO ASSIGNMENT OF LEASE THE UNDERSIGNED Lessor hereby consents to the assignment to Kitsap County Bank, a Washington banking corporation, for security purposes only, that certain lease between the undersigned, as Lessor, and Kitsap Family YMCA, as Lessee, dated August 28, 1985, ~overing that certain real property legally described in Exhibit "A" attached hereto. Lessor acknowledges that Lessee has covenanted with Kitsap County Bank not to modify or amend such lease without prior written notice to Kitsap County Bank. While such assignment is for security purposes only, Lessor expressly consents to Kitsap County Bank performing any condition or covenant imposed upon Lessee or enjoying any benefits granted to Lessee pursuant to such lease, in the event the YMCA is in default of its loan agreement with Kitsap County Bank secured by the assignment of the YMCA lease. Lessor expressly grants to Kitsap County Bank the power to further assign such lease for a term not to exceed the term of such lease, but such assignee shall have the same powers as the Lessee herein to renew and extend such term; provided, that Lessor may decline to accept a particular assignee if such declination is for good and sufficient cause. Kitsap County Bank shall have no further liability under such lease following such assignment. In the event of any default under the aforementioned lease, Lessor will not terminate the lease, nor take any action to enforce any claim with respect thereto, without first giving Kitsap County Bank the same notice it may be required to furnish the Lessee by the terms of the lease or by law, and also provide Kitsap County Bank with the right to cure such default within such period. Such notice to Kitsap County Bank shall clearly state the time within which cure must be made. DATED this 3( day of ~~ , 1987. CITY OF BREMERTON ATTEST: /~ //' GEt. LOBE, Mayor ~--.KATHLEEN L.~LUSKEY, Clerk By: RICH HANNA, Treasurer STATE OF WASHINGTON ) ~ ss COUNTY OF KITSAP ) ON THIS ~ ( day of ~ , 1987, before me, the undersigned Notary public in/~d f~r the State of Washington, duly commissioned and sworn,t~erso~na_~.peared Gene Lobe and "i~.c~ - · !~k~y, Mayor and ~ respectively of the City of Bremerton, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal the day and year first above written. NOT~Y POBLIC inVan~or the St~t~.of Washington, residing a~ ._~-f/r~D~ . Co~ission expires. A P~NIIUN OF TH£ FOLLOWING D£5£HIO£D PROPLHT¥; Uegtnntnq at · concrete monument at the center or~$ectton 12, [o~n~hJp 2q thence 5 2°0t'25" ~ te~l.6l Feet to the true poln~ of b~gtnnlng; thence 2"01'25" ~ 1050.70 feet to · concrete monument, aatd monument being on the t;ectton line a~vl~tng Sect~one 12 ~n~ [3 at a poin~ a~proximatel¥ ~hara the ~ 2k2.~] Feat, more ar leon, Lo tee north elan ar State Secondary High~av tn a noFthaeeterlv direction along tho nartherlv aide or Bald High~aV off Htgh.a¥ N ~&°~t~kO" ~ 136,28 Faa[; thence a 87'52'56" ~ 9.60 Feet; [hence along the eout~ aide of Homer'R. Donee Drive; thence acrose said Ortve £ ~5 feat, more or [ssa, to · Rotnt off t~e beck or the stOe~e.tk on the north ~tOe; thence aloe§ the beck of the atdeaelk off e curve to th~ right off e rflOtue of k~.~5 r#et ·dtatance of ~k.~2 feat; thence ~[ong back of 8tOa~atk ~ ~2.06 Feet; thence along beck of aide.elk off·curve to the rtght ~tth a r~Olua 12°19'09" £ 105.56 Fa.t; thence along beck of atdeuelk on a curve to the right ~tth a redtue of 651.5 Feet a dietdnce of Z27,~? feat; conttnue along ~ck or mactran ~tth 5chisy Boulevard; thence off a Curve Co tn. left elth ~ raOlu~ of dpproximate[¥ lfl.l scram, Ba~tnntn~ at · concrete monument at the center oF[~sction [2, fo~nehtp H~noe I E, ~,M., said can[ar oF said Section 12 batng appro~matetV dt the feet to the true pater or Degtnntng; thence 5 Z°ol~25" ~ zeO Fedt; [hence N ~?'5B"35" ~ 1/0 Feet Lo the true Dotnt of begtnnlng; thence conttnu[ng E 270.00 Feet; thence N GeOk&~AO" E l~3.72 feet; thence 5 87058')5" £ 230,00 ~ ~0' ~[de etrkp For Homer R. Jonas Drive al no~ ~xlete. The adore deacriptton cnnL~na 3.52 morel. 4 PORTION OE THE FOLLOWING D£S~RIS£~ PROPERTY: _ BeginnlAg et e'concrete monument a~ the-center of Section 12, lc~ehlp 24 N, Rang) ! E, W.M., amid center of said Section 12 being approximatslv at'the intersection of the center linee of Scnley Boulevard end Twelfth ~venqe; . thence S 2001'25" W 15~1,81 feet to the true point of beginning; thence S 2°01'25" W 1050.70 feat to a concrete monument, maid monument Doing on the Section line dividing Sections 12 and l) et a point, eppr~ximatelv, uhere' the centerline of Schlev 8oilevard intersectieaid Section line; thence S ~"le°iB"- · 2~2.E5 Feet, more or lose, to the north side of State SeconOary HighwaV No. 303; thence N ?O"27r~O" ~ along the northerly aide or said Htgh~aV 299.68' feet; thence S 19"32'20" ~ along easterly lido ~f .aid'Hlghwmv 50 Feet; thence in · northwesterly direction along Chi northerly side of earn HighwaV on a curve df radium 5~7,97 feet e-diltancl of 227.32 feet; thence along said Highway N ~&"~l"~O" ~ 1~6.28 feet; thence N 87~52"5&· ~-7.60 feet; .thence along the northeeeterlV aide of said High,ay N ~6"~l~0· ~ 163,21-feat; thence N~"iB~O" ~ 5B.~] feet~ more or leae~ to a point on the back of the sidewalk along the mouth aide of Homer'R, 3onee Drive; thence across said drive N 21005e-29"- -E ~] ~eet~ more or-lose; to · point on the back .of the sidewalk on the north aide; thence along the back of Chi eideuelk on a curve to th~ right on e-radtu~ of ~B.&5 fqet · dietancl of ~,k2 fiat;_ thence along back Of sidewalk N l~e]5"~l" ~ 72.06 feat; thence along back Of etde~alk one curveted the right ~ith a rsOtue of ~6i.5 ?met, a dietance of 21&.78 felt; thence along back of sidewalk N lZ'i~'.07'-E i05.56 feet; thence Diane bacW Of eldeuelk on a curve to.the-right with a radium of &5~.5 reet-a dietancR 0r 227,G? Feet; continue along back of - eideuelk on a curve to the'right ~ith radium kJl.3l ?eat · distince or 27].7g. feet; thence N 680~lfJg" E 2.lt.2& ?e~t cramming Homer R. 3once Drive at inter- section utth 5chiev Boulevard; thence afl m curve to the lsrt ~tth · radius of - approximately lB.1 acres, S~[O"PORTION DESCRIBED ~S FOLLOWS: Beginning et · concrete monument at the center of Section 12, To~nahip 24 N, Range I E, ~.M., maid center or said Section 12 being approx~metelv at the 'center lines of SchXev Boulevard and Tuelfth Avenue; thence S 2°0l'25" ~ 1Sql.S1 feet to tha true point o? beginning; thence S2°0i~25" ~ 280 feet; thence ~ 83°58e~5" ~ ilO fset to the true point of beginning; thence continuing ~ 87°58~55~ · )lO feet; thence 5 ~?°§~t02# ~ 7~0,00 feet; thence S ~2°06~07" E 270,00 feet; thence N &5°~&~O" E l~3,72 feet; thence S ?eot; thence N 200l'25m E ]&O.O0 ?eat to the true point o? beginning. Except · ~0~ wide atrip for Homer R. ionia Drive aa now extsta. The above dgecription cnnt~:ne ).52 acres. Exhibit "A" Beginning at e' concrete monument at the-center OF Sac[ion 12, To~shlp Rengi t E, W.M., maid center cf amid ;motion 12 being approximatelv et'the intersection or the center lines orScniev Boulevard end ?weifth avenue; thence S 2°01'25" W lSqi.Si Feet to the true point of beginning; thence S 2°01'25" W 1050.70 ?eat to · concrete monument, said monument being on the Section line dividing Sections 12 eno l) at a point-approximately, where the canto=line of Schlev 8oilevard into=smote-maid Section [ina; thence S W 262.2~ reel, more or lama, to the north aide of State Secondary Highway NO. 30); thence N ?O"27r~o" ~ along the norther_IV mtde cf eatd HtghwaV 299.68 rest; thence S l~°]2m20e W along westerly side or aaidHighwaV 50 feet; thence tn e northwesterly direct[on along the northerly a'tde c? emro HtghwaV on curve d? re~iua 5~?.g? ?eel · distance o? 227.32 Feet; thence along said Highway N ~&°~l~O~ W 136.26 feet; thence N E7~52'56· W-7.60 ?eeC; _thence along the northeasterly aide or amid Highway # ~6'~l~0" ~.l&).21-?eat; thence N~3°l~O" ~ 56.~3 feet. more or lees. to a point.on the back or the sidewalk along the south aide o? Homer'R. Oones Drive; thence across said drive N 'E ~3 ?met. more or'leee~ to · Actnt on the back O? t~e etde~k-on the north side; thence along the beck of thc sidewalk on-a curve to th~ right on a-radius or ~8.&S ?qet a d[etenca ar ~.~2 Feet;_ thence along back or sidewalk N W ~.06 ?eel; thence along back O? old,walk one curve-to the right with a radium or ~6[.5 reit, a dim[anco of 2lt.?8 ?amt.; thancl along beck or sidewalk N 12°l~[O?e -E [05.56 ?set; thence along back OF aide,elk an a curve to.the right with a red[ua or &S1.5 Feet-e dietanc~ OF 227.G? ?eat; continue atone back of ' sidewalk on a curve to the-right with FaO[ua ~31.31 reel e diet~nce o? 273.79. rest; thence N ~"Glr]9m E 2lE.2& 'Fsp~ crossing Homer R. Donee Drive at section with $chley 8oulevard; thence on a co=va to the left ~tth ~ radius or - ~27.72 ?eet-e die,anco CH' 67.27 reel; thence S 2goO&m35" E 78.5 reit'; thence- 5 8?o58'35" E 139.5 ?amt, nora or.leas to true point o? begin~tng, Containing approximately 18.l acres. SAIO-PORTION DESCR[GEO AS FOLLOWS: Beginning et a concrete monument at the center ar Section 12, Township 2~ Range i E, W.M., maid center o? said Section 12 being approximately at the 'center lines of Schlev Boulevard end Twelfth Avenue; thence S 2°01'25 Feet to the true point or beginning; thence S'200iv25e ~ 280 feet; thence ~ B7056'~5" ~ llO Feet to the true point of beginning; thence continuing N 87°58~35" a 710 Feet; thence S ~?°5~v02e ~ 330.00 Feet; thence S ~2~06~07" E 270.00 Feet; thence N 65°~6'~0= E i~3o72 Feat; thence S ~7°58'35" £ 2~0.00 Feat; thence N 200l'25= £ 760.00 feet to the true point of beginning. Except a ~0' wide strip for Homer R. Donas Drive sa now axis[an The above description contains 3.52 across Exhibit "A" A PQRTION OE THE ~OLLO~ING PES~RIB£~ PROREN'rY; . Bagfnntng at e' concrete monument a~ the-center of Section 12, Toe'ship 2~ Rang~ t E, W.M., said center cf said Section 12 being approxtmatelV at the intersection of the center lined oFSch[aV Boulevard end Twelfth ~venue; thence S 2°0l'25" · 15~1.8! Feet to the true point of beginning; thence S 200l'25# W [050.70 feet to · concrete monument, said monument being on the Sectlon line dividing Sections 12 and [3 et a point-appr~xinately.~here' the centerline of Schlev Bolleverd intersects'maid Section line; thence S M 2q2.23 reel, more or ieee, to the north side of State Secondary Highway No. 30~; thence N 70e27r~oe ~ along thl northerly aide of said High,ay 299.Ga- Fast; thence 5 [9012020" W along ueeter[y atom Of eetd'Htgheev 50 feet; thence in a northeasterly direction along the northarlv a'ide of said Htgh~ay on a curve ~f ra~iue 5~7.g7 feet a'diatanca of 227.)~ feet; thence along said High~mv N ~6°~l'~O" W 136.28 Feet; thence ~ 87'52'56" ~-7.60 feet; .thence a[ong the northeasterly stol of laid High.ay N ~6'~1~0" W l&3.2l-feet; thence N~]oIB~O" ~ 58.k) ?eet~ more or [ese, to · point.on the back of the sideuaik atone the south eide of. Homer'R. 3dame Or[Ye; thence ecroee said drtve N 23005~-29 'E ~3 ~eet, more or-lead, to =Roint on the ~ack .or the stde~e.[k'on the north side; thence atone the back of the etdeue~k on a curve to th~ right on a-radius or ~a.65 reel e Otetance o~ ~.~2 feat;, thence along ~ack or stde~e[k N · ?~.06 reel; thence along back Or atd~a~k on m curve-to the right ~tth a raOtum of q6[.5 feet, a Otatanca of 2~6.18 reel; ~ence along beck of sidm~alk N [2019~07"-E [05.~6 reel; thence aXong back ~ mtdewa[k on a curve to.the.right ~tt, a radius or 65~.5 ~.et-a Otstanc~ Or 227.~? feet; continua alono back of 8ide~aXk on a.curve to the-right ~lth ~adiue ~31.)1 reel a diatmce of 273.79. ._ section uLth Schley 8ouleva~O; thence on m cu~ve to the 1e¢[ ~[t~ ~ raOtus of app~ox[~tely 18.1 acres. S~[D PORTION DESCRIBED AS FOLLOWS: Beginning et a concrete monument at the center of Sect[on 12, Township 2~ N, Range I E, W.M., maid center of said Section 12 being approx)mete[y at the center lines of Schlev 8oUlevarO and T~eifth Avenue; thence S 2001'25" W lSql.S1 Feet to the true point of beginning; thence 5'2°0[v25~ ~ 260 Feat; thence N 87~§~35# W llO feet to the true ~oint of beginning; thence continuing N 8705~v35· W 310 Feet; thence S ~7~5~'02e W ~50.00 Feet; thence S ~2006v07· E 270.00 feet; thence N 65°~6'~0e E l~3.72 feet; thence S S?°58~)5# E 230.00 feet; thence N 2°01~25e E 360.00 feet to the true point of ~eginntng. Except e ~0~ wi~e strip for Homer R. Jones Drive aa no~ exists. ?~a a~ove description contains 3.52 acres. Exhibit "A" ~SSI~NT OF LEASE THIS ~, made and entered into this llth , day of dune , 19...87 , by and between Kitsap Family YMCA hereinafter referred to as the Assignor, and Kitsap County Bank, a Washington banking corporation, hereinaf~_r referred to as the Assignee: NITNESSETH: WHEREAS, by written lease dated the Z5 day of August 19 85 , the Assignor herein leased certain pr~qlises legally described as shown on Exhibit A attached hereto which by this reference is incorporated herein as tJ~gh fully set forth, from Kitsap YMCA Concession A~reement for a term of 30 years. l~, The City of Bremerton have consented in writing to the assigrm~_nt of said lease by the Assi~ herein to the Assignee herein; and WHE~F_AS, the Assignee herein has agreed to loan the stun of Two Hundred Thousand D01]ars and 00/100 .......... ($200,000.00) to the Assignor herein; and ~, it is the mut%~l desire of the Assignor and the Assignee herein to effectuate an assignment of the aforementioned lease for collateral purposes in connection with the afor~tioned loan; now, therefore, it is For and in consideration of the stun of $200,000.00 in ha~ paid by the Assignee to the Assignor, the receipt of which is hereby acknowledged, the Assignor hereby assigns, conveys, and transfers to the Assignee the .~em~ises legally described in Exhibit A attached hereto, and the rights and res~Fca,.~ibilities contained in the afore~nentioned lease between the Assignor herein and The City of Bremert0n Assignment of Lease Page.~ Provided, however, that this assig~,ent is for collateral purposes only, and until such time as a default shall occur either in the aforementioned ]oa~e, or in the payment of the aforementioned loan, the Assignor herein shall be responsible for, and shall insure the full and c~lete performance of all covenants, conditions, stipulations, responsibilities, and other requirements of said lease. IN W-'~NESS WHERMOF the undersigned have this day set their hands and seals hereto. Kitsap Family YMCA Kitsap Familty YMCA m~~T~easurer Ar~ed Ser¥]ces YMCA of the USA NOTARY PUBLIC IN THE STATE OF ILLINOIS, RESIDING IN ~. : ss. c0tmn~ c~ KITSAP ) ON THIS th day of dune , 19 87 , before me the u~tersigned a Notary Public in and for the State o~--~t~XX~ Illinois, duly c~,,,,(ssicm~ed and sworn, personally appeared to me k~own to be the individuals described in and who execue~ the foregoing instr~nmnt, and acknowledged that they signed and sealed the sam~ as their free and veluntmry act and deed for the uses and purposes G~ under my hand and official seal this day of , 19 NOTARY PL~LTC in and for the State of Washington, residing in 4 ))ON[IUN OF tHE FOLLOWING DESCRIS£D PROPERFV: Ueglnning at a concrete monument at the center of Section 12, Townehip H:Jnge I E, W.M., said center of said Section 12 being approximately at the Inter,action or the center lines orScnleV Boulevard end TwelFth Rvenue; thence S 2°01'25" W 15ql.81 Feet to the true point or beginning; thence s 2"U1'25' W 1050.70 ?nut to · concrete monument, aetd monument being on the Section line dividing Sections 12 and l] et a point sppt°Ximatel¥ whets the canterXlnu o? 5chisv BoilevarO lnteruecte edid Section line; thence ~ L=I~'IB" W 2G2.2~ ?set, mots or less, to the north side o? Stats Secondary Highway No. )03; thsnce N 70e27'~0· W along &he northerly ei~e o? eai~ HlghwaV ?set; thence 5 lg'~2'20m W along westerly aide o? sai~ HlghwaV 50 ?est; thence in · northwesterly direction along the northerly side o? said Highway on a curve o? radius 5~?.97 ?est · distance o? 227.]~ rest; thence along said Highway N ~Gl'~O# W I]6.28 rest; thence ~ 8?=S~,S&· W ?.GO ?set; thence sion9 the northeasterly side o? sai~ Highway N ~6'~1'~0' W l&].21-?eet; thence N~]alS'~O~ W §B.~] ?est, mote or less, to · point on the back o? the sidewalk along the south side or Homer'R. ~onee Orivel thence across sei~ E ~ ?est, more or less, to · point on the back o? the sidewa.lk on the north sion; thence along the back o? the sidewalk on a Curve to th~ tight on a-radius o? ~8.65 ?ant · distance o? G~.~2 ?est; thence along back o? sidewalk N 1~°~5'~1 ~ 72.06 ?est; thence along ~ack o? sidewalk one curve to the right with e radius o? ~61.5 Feet, · distance o? ~1&.78 ?est; thence along beck oF sidewalk N 12°19'07' E lOS.5& ?est; thence along back O? sidewalk on a curve to the right with a radius o? &51.5 ?est a distance o? 227.~7 ?est; continue along Sack o? eioewalk on a curve to the tight aith 'radius ~1.~1 ?est · diet,rice o? 27>.70. Feet; thence N &&abl~3gm E 21&,2& ?est crossing Homer R. Oonee Drive at inter- section with $chleV Boulevard; thence on · curve to the ~ert With ~ radius or - s 87°58,35. E 1)9.5 ?eat, more ar lees to true point or beginning, containing approximately 18.1 acres. SRIO PORTION DE$CHIBEO RS FOLLOWS: Beginning at a concrete monument at the Center o? ~ection ~ange I E, W.M., said center or said Section 12 ~eing approximately at the center lines o? Schlev Boulevard ado TwelFth Avenue; thence S 2001~25~ W 1§~1.81 Feet to the true point o? Oeginntng; thence S 2°Ol'g5~ W 280 ?est; thence a ~7'58'35' W llO ?est to the true ~alnt c? beginning; thence continuing E 270.00 Feet; thence N GS°qG'qOm E lq).?2 ?est; thence S 87°§8')§' £ 230.00 Feet; thence N 2°01'25' E 3&O.O0 ?est to the true~point of beginning. Except · ~0' wiOe strip for Homer R. Jones Orive am now ex&st°. The eOove description cont~ne 3.5~ acres. KITSAP YMCA CONCESSION AGREEMENT THIS AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, (hereinafter referred to as "City"), and the Kitsap Family Young Men's Christian Association, an operating branch of the Armed Services YMCA of the USA, (hereinafter referred to as "YMCA"). W I TN ES SETH: WHEREAS, City is the owner of certain former United States Government surplus property known as "East Park"; and WHEREAS, City and YMCA wish to enter into a concession agreement for recreational and meeting facilities to serve the citizens of Bremerton; and WHEREAS, Quit Claim Deed dated December 14, 1972, between the City and the United States under Covenant Number Three, provides that the City may provide related recreational facilities and services compatible with City's application through concession agreements entered into with third parties, such as YMCA; provided, further, that prior concurrence to such agreements is obtained, in writing, from the Secretary of the Interior or his delegated representative, the Regional Director of the Northwest Region, Heritage Conservation and Recreational Service, Department of the Interior; NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, City agrees to allow YMCA to provide services and facilities hereinafter to be mentioned, upon the real property described in Exhibit "A" attached hereto and incorporated herein by this reference and within the confines of East Park, Bremerton, Kitsap County, Washington. 1. TERM: YMCA shall have.the use of the area described as Exhibit "A," upon completion of conditions set forth herein, for a period of time commencing December 6, 1984, and continuing until January 1, 2015 upon the additional terms and conditions set forth pursuant to this Agreement. City and YMCA will then have an option to renew this Agreement for two consecutive ten 1 (10) year terms upon conditions to be mutually agreed upon at that time. City and YMCA agree to enter into negotiations July 1, 2014 for renewal of this Agreement for those option terms. Any agreement reached by City and YMCA for renewal of this Agreement shall be subject to the approval of the United States Department of the Interior and the National Parks Service. As condition precedent, this Agreement shall come into effect and shall be subject to the YMCA obtaining approval of all necessary state and federal authorities which have power to control disposition or use of the property herein. 2' US~ YMCA shall use the premises for the sole purpose of constructing, equipping, furnishing and operating a recreational and meeting facility and for the purposes incidental thereto. Written approval by City and United States Department of the Interior and the National Parks Service shall be required for other proposed used in conjunction with or in addition to those specified above. The public is authorized to have ingress and egress across this property other than through the building facility. 3. LOCATION OF AREA WHERE ACTIVITIES ARE TO BE CONDUCTED: YMCA is to construct and operate its facility in the described area as attached hereto in Exhibit "A" and by this reference made a part hereof. 4. CONDITIONS SUBSEQUENT: YMCA shall meet all the following conditions to keep this Agreement and use project as proposed: a. Zoning: If necessary, YMCA shall obtain appropriate zoning for the premises for the use proposed by YMCA as set forth above. b. Soil tests: YMCA shall obtain, at its own expense within one hundred eighty (180) ~days after the date hereof, soil tests which indicate to YMCA's satisfaction that soil condition is acceptable for YMCA's intended use and unless YMCA notifies City, in writing, of unacceptability of soil conditions within one h~ndred eighty (180) days, YMCA shall be deemed to have accepted soil composition for the purpose of this Agreement. 2 C. Permits: YMCA shall obtain all necessary permits from appropriate governmental agencies for its respective use as hereinafter defined. d. Concession approval: City shall obtain required approval from Heritage Conservation and Recreation Service, Department of the Interior, for this concession Agreement. e. Board of Directors: YMCA shall obtain approval from its Board of Directors to execute this Agreement. City and YMCA shall use every reasonable effort and due diligence to fulfill conditions (a), (b), (c), (d) and (e). In the event any one of said conditions is not met within two hundred forty (240) days after the date hereof, the party who fails to fulfill said condition may cancel this Agreement upon delivery to the other of a written notice of such termination within fifteen (15) days thereafter. 5. IMPROVEMENTS BY CONTRACTOR: Upon execution of this Agreement and approval by Regional Director, Heritage Conservation and Recreation Service, United States Department of Interior, or its successor governmental agency, YMCA shall initiate appropriate building permits and reports. Once all necessary permits are obtained, YMCA shall commence construction and installation on the premises of the following improvements and pursue said construction and installation with due diligence. a. A building with approximately Nineteen Thousand (19,000) square feet of which there shall not be more than Nineteen Thousand (19,000) square feet at ground level. b. A paved access road subject to City codes, if necessary. c. Parking shall be developed within the framework of the Bremerton Building Code. This code allows some joint use of parking subject to approval by the Board of Adjustments. Any parking required and not presently improved, shall be improved to City standards by YMCA. The parking lot will be completed prior to the occupancy of the building by YMCA. Additional parking may be required by the City, if necessary. d. Parking area plans and/or joint use of parking must be approved by the City Council. Ail improvements of YMCA shall be solely at YMCA's cost and expense and shall be performed in a good workmanlike manner in accordance with sound construction practices and comply with all building and fire codes of the City of Bremerton. YMCA shall keep the premises and said improvements free and clear of all liens for labor and material and shall hold City harmless from any liability in respect to YMCA's work hereunder. 6. ADDITIONAL CONDITIONS: It is further acknowledged and agreed that: a. The YMCA shall prove to the City, within twenty-four (24) months, its financial ability and commitment to meet the requirements of this proposed building project. Failure to prove that ability shall allow either or both parties to terminate this Agreement. b. Parties agree that YMCA is empowered and authorized to secure the necessary services of architects, engineers and others and to consult with them in the designing of the building to be constructed on said property known as East Park. Prior to proceeding to bid on any such facility, the final plan for design shall be approved by both YMCA and City Council. The purpose of this paragraph is to ensure that the facility to be constructed by the YMCA shall be harmonious with future structures for the maintenance and operation of the facilities and to keep the building, grounds and parking lot maintained in a clean and orderly manner. c. Parties agree that City shall provide specific site plan approval for the site prior to initiation of construction. In the event that site plan approval is not obtained by YMCA from City, this Agreement shall become null and void. 7. OWNERSHIP OF IMPROVEMENTS: All improvements, furnishings and equipment constructed or installed on the premises by YMCA shall be personal property and YMCA shall have legal title thereto during the term of this Agreement. Upon expiration or termination of this Agreement, YMCA shall be allowed six (6) months to remove permanent improvements. If not so removed, title to all permanent impmrovements shall vest in City. Title to all supplies, furnishings, inventories, removable fixtures and removable equipment and other personal property shall remain in YMCA and YMCA shall have the right to remove such items from the premises unless YMCA is in default on this Agreement. If YMCA is in default, City shall have the right to retain all property left on the 'premises. 8. CONCESSION CONSIDERATION FEES AND COSTS: a. It is agreed and understood that the YMCA shall pay to City an annual concession fee in the amount of twenty percent (20%) of gross membership fees received by YMCA for that year. Gross membership fees are defined as all amounts received by the YMCA for the unlimited use of the YMCA facilities. Said gross membership fees shall not include any amounts received as daily fees. In the event that the daily fees collected for a calendar month are equal to or greater than Fifty Percent (50%) of the gross membership fees collected for that month, said daily fees will become part and parcel of the gross membership fees for the purpose of determining the concession fee to be paid for that month. It is further understood and agreed that there shall be a low cost daily fee for youth and military personnel at the YMCA facilities and City shall not discourage said low daily fee for youth and military personnel. The annual concession fee shall be computed and paid quarterly by the YMCA within thirty (30) days after expiration of each quarter and shall commence upon occupancy of the premises and/or the selling of memberships, whichever occurs first. Membership in the Kitsap Family YMCA will entitle an individual to non-instructional use of the City pool facility at no additional charge. YMCA members will pay normal public fee charges for any instructional swimming classes offered by City at City pool facility. It is specifically agreed that YMCA shall reimburse City for any costs associated with City or generated by City for benefit of YMCA with the YMCA's prior notice and approval. YMCA member use and access to the City pool shall be the same as that of a nonmember of the YMCA. 5 b. YMCA agrees to purchase a guaranteed minimum number of hours per year from City for the operation of the Bremerton Handicapped Swim Program, and Seniors and Infant/Tadpole Swim Programs as may be established by YMCA. City will make the City pool facility available at other than peak usage times. The hourly rate of charge to YMCA and the hours of usage will be determined by agreement of the parties or established by the committee defined in Subparagraph (e) herein. c. YMCA agrees to provide in its plans and specification for future expansion of its facilities to include a performing arts/gymnasium complex. City agrees to provide additional land for an additional fee if necessary, however, the providing of additional land shal require prior written approval from the United Staets Department of the Interior and National Parks Service. City also will have free access to and use of such performing arts/gymnasium complex at no charge to City. d. It is agreed and understood that the annual concession fee, as set forth in Subparagraphs (a) and (b) herein, may be waived by the City Council of the City of Bremerton under the following conditions: (i) In the event of demonstrated financial hardship to YMCA for a limited period of time, at the option of City, or as determined by the committee defined in Subparagraph (e) herein. e. A fee committee will be established whose duties will include, but not be limited to, reviewing membership fees as established by YMCA and waiver requests; determining a fair hourly rate of charge to YMCA for operation of its swimming programs and the particular hours of pool usage; and monitoring negotiations and resolving disputes between the respective parties. The committee shall consist of seven (7) members, two (2) each being selected by YMCA and City Council, with the fifth member being an independent third party chosen by the other committee members. The Parks Superintendent and the YMCA Executive Director shall be non-voting, ex-officio members of the committee. The committee will meet at the call of the Parks 6 Superintendent. Ail committee decisions and recommendations are subject to the approval of the City Council. f. The City acknowledges and agrees that the public is the benefactor of this project and it is not the intent of the City to profit from this building program. It is the intent of both parties that the rates charged by the YMCA shall be competitive with those of similar facilities in Western Washington. Further, all revenue generated for the City pursuant to this Agreement shall be used solely for park and recreation purposes. 9. LICENSES{ PERMITS AND UTILITIES: YMCA shall pay for all licenses, permits and utility fees necessary for YMCA to conduct YMCA's business on the premises. 10. BIENNIAL REPORTS: YMCA shall furnish any and all information that may be required for inclusion in the City's biennial report to the Heritage Conservation and Recreation Service, United States Department o~ Interior. 11. ANNUAL REPORT: YMCA shall submit an annual report to City, not later than one (1) month after the end of each year's anniversary date of the commencement of YMCA's performance of this Agreement. This annual report shall summarize the funds collected and expended, improvements made, attendance, hours of operation, operations and facilities available for use. 12. RECORDS: YMCA shall keep sufficient records of finance, attendance, operations and improvements to provide information required for YMCA's annual report and City's biennial report and its compliance with the nondiscrimination clauses herein set out. 13. AUDITS AND INSPECTIONS: YMCA's records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by City during the performance of this Agreement. YMCA further agrees to structure its auditing system in accordance with general accounting standards to be established by City. 14. ASSIGNMENT/SUBCONTRACTING: YMCA shall not assign any portion of this Agreement except for purposes of financing without the written consent of City. Any assignment for other 7 purposes shall be treated as a new concession contract and shall be renegotiated with City. 15. TERMINATION: This Agreement may be terminated upon written mutual agreement between the parties hereto and pursuant to the terms and conditions of this Agreement. City may unilaterally terminate the contract upon three (3) months written notice should YMCA: (a) materially breach any provision of this Agreement; (b) fail to follow any policy of the City's Parks System, as reflected in City's ordinances, rules, regulations and directives; or (¢) fail to operate the subject business as a nonprofit corporation with membership available to the public as set forth in Section 18 herein. 16. HOLD HARMLESS AND INDEMNIFICATION: YMCA agrees to protect and save City, United States Department of the Interior and the National Parks Service, their elected and appointed officials, agents and employees while acting in the scope of their duties as such, harmless from and against all claims, demands and causes of action of any kind or character, including the cost of defense thereof. Included would be all claims arising out of services performed or omissions of the YMCA and/or its agents, employees, subcontractors or representatives. This does not include any negligence relating to construction or operation of the existing City pool facility by City or its agents. This provision shall be inapplicable to the extent that the City and/or United States Department of the Interior/National Parks Service is judicially found solely negligent for such damage or injury and additionally to the extent that the City and/or United States Department of the Interior/National Parks Service is judicially found comparatively negligent as to that portion of its negligence or to the extent that the City and/or United States Department of the Interior/National Parks Service is judicially found to be free from negligence. 17. INSURANCE: YMCA shall meet and maintain the following liability insurance requirements during the period of this Agreement: a. Certificates evidencing the maintenance of the YMCA's insurance coverage shall be filed with the City on or before the effective date of commencement of construction of complex and upon written request of the City, a duplicate of said policy shall be provided as evidence of insurance. b. City shall be given notice, in writing, at least thirty (30) days in advance of cancellation or reduction of any such policy of insurance. c. Ail policies of insurance shall be made with a company or companies authorized by law to transact insurance business within the State of Washington. d. Bodily and property damage liability insurance, the limits of which public liability insurance shall be not less than One Million Dollars ($1,000,000.00) for each person, One Million Dollars ($1,000,000.00) in the aggregate. e. The limits of insurance set forth herein shall be reviewed every five (5) years and YMCA shall increase or decrease the necessary insurance as is directed by the City Council. YMCA agrees to provide such additional insurance as may be required from time to time by the City. 18. NONDISCRIMINATION: a. YMCA shall not restrict membership of the Kitsap Family YMCA because of any race, color, religion, creed, sex, national origin, marital status or the presence of any sensory, mental or physical handicap or age. Membership shall be made available to the general public and in accordance with the terms and conditions as set forth in the Bylaws of the National Armed Services YMCA's of the USA. b. YMCA facilities shall be available for the unrestricted use of the general public. It will not be necessary 9 for any member of the public to obtain membership in Kitsap Family YMCA in order to use the facilities. As is set forth in this Agreement, supra, at Paragraph 8(a), a daily fee program shall be available to allow non-members to use the facility. c. In the event Kitsap Family YMCA officers and directors, or by a vote of the general membership, shall determine to employ a person or persons for the benefit, maintenance or administration of' said facility and, except to the extent permitted by bonafide occupational qualifications, YMCA agrees as follows~ (i) YMCA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sex, national origin, marital status, or the presence of any sensory, mental or physical handicap or age. YMCA shall ensure that applicants are employed and that the employees are treated during employment without regard to race, color, creed, religion, sex, national origin, marital status or the presence of any sensory, mental or physical handicap or age. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates o~ pay or other forms of compenstaion and selection of training. (ii) YMCA shall, in all solicitations for employees or job orders for employees placed with any employment agency, union or other firm or agency, state that all qualified applicants shall receive consideration for employment without regard to race, color, religion, creed, sex, national origin, marital status or the presence of any sensory, mental or physical handicap or age. The words "Equal Opportunity Employer" in advertisements shall constitute compliance with this Section. (iii) YMCA shall send to each labor union or representative of works with which it had a collective bargaining agreement or other contract or understanding, a notice advertising the said labor union worker's representative of the commitments under this Section. (iv) YMCA shall include the provisions of the foregoing Subsections (i), (ii) and (iii) in every subcontract or purchase order for goods or services which fall within the subject matter of this Agreement. (v) YMCA shall comply with all applicable local, state and fedearl civil rights laws including, but not limited to, nondiscrimination and affirmative action. 10 (vi) In the event of noncompliance by YMCA with any of the nondiscrimination provisions of this Agreement, City shall have the right, at its option, to cancel this Agreement in whole or in part. 19. COMPLIANCE WITH THE LAW: YMCA, at its sole expense, shall comply with all laws, orders and regulations of the federal, state and municipal authorities issued pursuant to law which shall impose any duty upon City or YMCA with respect to the property. YMCA shall comply with the requirements of all policies of public liability, fire and other types of insurance that is, at any time, in force with respect to the building and other improvements on the property. 20. SURRENDER UPON TERMINATION: At the expiration of this Agreement, YMCA shall surrender the property to City. YMCA shall remove any personal property and fixed assets in accordance with these covenants and shall surrender the premises and improvements in a reasonable and practical condition, ordinary wear and tear excepted. 21. CITY'S RIGHTS/YMCA'S DEFAULT: If the property shall be deserted or vacated or if proceedings are commenced against YMCA in any court under a bankruptcy act for the appointm~ent of a trustee or receiver of YMCA's property either before or after conu~encement of the Agreement term or if there shall be a default in the payment of the concession fee or any part thereof for more than thirty (30) days after written notice of such default by City, or if there shall be default in the performance of any other covenants, agreements, conditions, rules or regulations herein contained or hereafter established on the part of YMCA for more than thirty (30) days after written notice of such default by City, this Agreement (if City so elects), shall thereupon become null and void, and City shall have the right to re-enter the property, either by force, summary proceedings, surrender or otherwise, and dispossess and remove therefrom YMCA or other occupants thereof, and their effects, without being liable to any prosecution thereof. In such cases, City may, at its option and with the approval of the United States Department of the Interior and National Parks Service, put another party in possession of 11 money, then City shall agree to send to any person or firm designated, a copy of any notice required by this Agreement. Any such notice shall specify the name and address to which the notice is to be sent. 22. INTEREST IN PROPERTY: City makes no representation of the title and if, for any reason, City's title to said premises should terminate because of prior rights reserved by the United States Government or other claimant, then all buildings and improvements may be removed from the property by YMCA or its agent within six (6) months from the date of said notice. This Agreement shall terminate and YMCA shall be under no further obligation to pay a concession fee. This Agreement does not create an interest in the land in YMCA. 23. CONDEMNATION: If the property, or any part thereof, is taken by eminent domain, this Agreement shall expire on the date the property is taken. The concession payments shall be apportioned as of that date. YMCA shall be entitled to be reimbursed its pro-rata share of any condemnation award because o£ loss of buildings or other structures. 24. APPLICABLE LAW; VENUE: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. IN ~ITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. CI,iY OF BREMERT~. A~T~'EST: KAT~EEN L. McCLUSKE¥, Clerk ~~.,~Mayor Chairman of the Board of Secretary Management ~NITE~T~ D~ .O~DOR ATTEST: Regiona~e~o~ '-t~ SeCtary / NAT'L. A~ED SERVICES YMCA of ATTEST: 12 the USA National Executive Director STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) ON THIS ~4~ day of ~%A.~ , 1985, before me, the undersigned Notary Public fn' a~d for the State of Washington, duly commissioned and sworn, personally appeared MORRIE DAWKINS and KATHLEEN L. McCLUSKEY, Mayor and City Clerk, respectively, of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. GIVEN UNDER MY HAND and official seal the day and year first above written. NOTARY PUBLIC in and o for ~he Sta~e Df Washington, residing STATE ASHINGTO ss COUNTY On K TSAP ON THIS ~-~ day of ~k9~%% , 1985, before me, the undersigned Notary Public in a~d for the State of Washington, duly commissioned and sworn, personally appeared B~ard and Secretary, respectively, of the Kitsap Family YMCA, the organization that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the sal affixed is the seal of said organization. GIVEN UNDER MY HAND and official seal the day and year first above written. NOTARY PUBLIC ' ' ~ ~J~O~ ~ i~ and~nd~ the Sta~e 9f Washington, resid~'ng COUNTY OF ) ON THIS ~ day of ~ , 1985, beforg~me, the undersigned ~otary Public in and for the State of ~t,/ ~ duly commissioner and sworn, personally appeared ~%~.. ~o~--~ and , President and Secre%ar~, respectively, of the National Armed Services YMCA's of the USA, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the corporate sal of said corporation. GIVEN UNDER MY HAND and official seal the day and year first above written. ~ 13 NOTARY PUBL.~ i~4n a~d for the' State of ~/~.-/~,~ , , · , residing at I~.C~;~.,j STATE OF ~; , ; ss undersigned N6t~ry Publlc ~n ~nd for the State of ~Y/~~, duly c~iss~oned and sworn, personally appeared ~.T~. ~d . . , Regional Director a~d M~F~~/, resp~tively, of the United States Depar~ent of the Interior, the organization that executed the foregoing instr~ent, and acknowledged the said instr~ent to the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that ~e authorized to execute the said in~tr~en%~d t~t t~ aff~ed ~ t~ s~l ~ sa~ organ~zatlon. GIVEN UNDER MY HAND and official seal the day and year first a~ve written. ~TARY-P~B~ a~ for the Sta~e of /~~ , reslding at 14 ?eeC; ~ ~ 8~52'56" ~ ?.~0 ?eeC; .cnenc~ ~' ~. ~nee Otis; ~e~ m~a~ saiO ~rive ~ 23e~2~" 2~.~ '?lq~. ~m/A~ ~ a. ~ea Ortve m~' 6oulavm~; ~m~c. on m ~ve ~ ~m 1,~ ~ · ~alua, a~ · ~'~.23 reit; ~m~ S ~e~'35~ [ ~.~ ~eec'; ~en~- Beginning at a concrete monument at the center of Section l~, Townshi~ ZeN ~ange l~, ~. ~., sa~d center of said Section ]~ being approximately a~ the center lines of Schley Blvd. and Twelfth ~ve; Thence S 2' Ol' 25" W 1721.81 feet; thence N 87"58'36" W llO feet to the True Point of Beg-inning; thence continuing N 87° 58' 35" W 230 feet; thence S 45 02' 55" W 265.18 feet; thence S 4~ 57' 05" E 56 feet; thence S 02°01, 25" W 167.93 feet; then S 87'58' 35" E 370 feet more or less to a point S 2°01' 25" W of the true point of beginning; thence N 2°01' 25" E 400 feet more or less to the true point of beginning. Containing 3.20 acres. Exhibit "A"