The URL can be used to link to this page

Home My WebLink About3028 Contract Number: 3028 Vendor: BOY SCOUTS OF AMERICA Subject: NAD Park - Recreation Info Center Department: Parks File Class: LEG 12 -1 Begin Date: 12/1/1988 End Date: 4/17/2014 Review Date: Vault Date: 2014 Comments: CLOSED 20 Rai n e,Ave Aver;ue Snutf; C enter elv4a 31 Chief Seattle Council ''' Boy Scouts of America 31.20 Ra PO O Box 440408 Seattle, WA 98114 206 725 5200 www SeattieBSA org Bien Service Cente; 1900 ALISUn Drive Bremerton, WA 98312 360 373 9400 February 17, 2014 RECEIVED FEB 2 0 2014 Shannon L. Corin - City Clerk CITY CLERK City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Dear Shannon, Since 1988 the Chief Seattle Council, Boy Scouts of America, has leased from the City of Bremerton the NAD guard house located at 1900 Austin Drive. The building has been used as an office and supply outlet for Boy Scout leaders in Kitsap County. I am writing to notify the city that we are planning to terminate the lease in 60 days, in accordance with section 9 of the lease agreement. We are very grateful for the role the venerable old guard house building has played in supporting the Scouting programs. On Friday, February 14, 2014,1 met Wyn Birkenthal with the Bremerton Parks Department to discuss this issue. The Chief Seattle Council will pay a structural engineer to evaluate the building, and is interested in assisting with preservation efforts going forward. Best regards, Scott Findlay Director of Support Services 206 - 902 -2323 (direct) sfindlay @seattlebsa.org e Cc d gc�ee� e a V � 6 Serving Clallam, Jefferson, King, Kftsap, and North Mason Counties Contract Number: 3028 Vendor: BOY SCOUTS OF AMERICA Subject: NAD Park - Recreation Info Center Department: Parks File Class: LEG 16-3 � Begin Date: 12/O1/1988 End Date: Review Date: 06/15/2010 Vault Date: Comments: Month to Month Review date for tracking only SERVICES 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 Boy Scouts of America, Chief Seattle Council, hereinafter referred to as "Operator." WHEREAS, the NAD Guard Station, Guard House has been vacant for 25 years, is in ill repair and not habitable due to the elements and vandalism; and WHEREAS, the Guard Station, if restored, would enhance the NAD Park due to its historic character, serve as a focal point for regional outdoor recreation, and attract increased use of NAD Park; W I T NE S S E TH: 1. Premises. The City is the legal owner of the following described real property: Guard house at NAD Park located according to map attached as Exhibit "A" hereto. 2. Uses and Purposes. a. Operator shall provide staffing for a Bremerton Park Department Outdoor Recreation Information Center (hereinafter "Center") to be housed in the above premises. Operator shall be responsible for the following: i. Schedule a minimum of 30 hours per week during which the Center will be open to the public. ii. Distribute outdoor recreation information, including maps, from the Boy Scouts, Parks Service, Forest Service, City Parks, County Parks, Department of Fish and Wildlife, and other public agencies, either without charge or at a price approved by the Parks Department. iii. Retail hiking, hunting, fishing, camping, and other outdoor products approved by the Parks Department. Retail sales may include rental of outdoor equipment. iv. Coordinate a center for information scheduling, and registration of Boy Scout and City Parks community recreation classes and programs. 3. Term. The term of this Agreement shall be for ten (10) years commencing with the execution of this Agreement. 4. Compensation. The parties understand that the Operator will contribute considerable services and resources to the Center as part of the organization's traditional function of serving the public. As partial consideration, the Operator shall be entitled to the use of the Center's office facilities and storage rooms for the administration of the Chief Seattle Council and to distribute badges of rank and insignia. Operator shall be entitled to the proceeds of all retail sales and rentals, except when inventory is provided for sale or rental by the City of Bremerton, in which case periodic reimbursement or proceeds shall be made to the City as directed by the Parks Department. Any proceeds payable to the City shall be used for park and recreation purposes. 5. ~aintenance, Repairs and Alterations. Operator shall restore the roof and construct a storage room addition to the Guard House structure, at its expense. If said reconstruction is not completed within six (6) months of the date of this Agreement, this contract shall terminate and any improvements shall become the property of the City. If a Certificate of Occupancy from the City of Bremerton cannot be issued through no fault of Operator without additional improvements to the structure prior to occupancy of the building and said additional improvements are not funded and completed within six (6) months of this Agreement, the cost and materials provided by Operator to remodel the Guard House, up to a maximum of $5,000.00, shall be reimbursed by the City. Restoration work shall be compatible with the historic character of the building and plans shall be approved by the City Parks Department. Ail alterations, additions, and improvements in addition to those mentioned above shall be made at the sole cost and expense of Operator and shall become the property of the City and remain in and be surrendered with the premises as a part thereof at the termination of this Agreement. All structural improvements shall receive prior approval of the City Parks Department, and significant expansions of the building shall also require National Park Service review and approval. Non-structural improvements may be made at Operator's discretion. Fixtures installed by Operator shall remain the property of Operator and may be removed at Operator's option. 6. Licenses and Permits. Operator shall be responsible for any licenses or taxes which may be assessed as a result of Operator's activities on the premises. 7. Liability. a. Insurance: During the term of this lease, the Operator shall obtain and maintain a policy of property insurance in amounts acceptable to the City and a policy of public liability insurance in an amount of not less than Five Hundred Thousand Dollars ($500,000.00), to include injury to, or loss of life of, any individual person; personal injuries suffered in each occurrence; and property damage suffered in each occurrence, which may be related to Operator's occupancy of the above-described property. Said insurance shall also name the City of Bremerton as an additional insured. b. Indemnity: Operator shall defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property 3 is due to the negligence of Operator, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. c. Liens: Operator shall not permit any lien to be imposed upon the property of City as a result of work done by or on behalf of user and shall indemnify and hold City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 8. Utilities. City shall provide, or shall otherwise pay for, when due, electricity, water, sewer, fuel, and garbage service. City shall provide bank phone service with at least one line listed under the Outdoor Recreation Center. The City shall not be liable for any injury, loss, or damage caused by or resulting from any interruption or failure of utility services due to any causes whatsoever, except the City's sole negligence. Operator shall not be entitled to any offset, reduction or return of rental as a result of any interruption or failure of services. 9. Termination. Operator may terminate this Agreement, without cause, upon sixty (60) days written notice to the City. Either party may terminate this Agreement for breach of any material provision which is not cured within sixty (60) days of written notice. 10. Surrender. Upon termination or expiration of this Agreement, Operator shall surrender such facilities to the City in as good as condition as when initially given, normal wear excepted. 11. Non-Discrimination: A. The Center and its services shall be made available for the unrestricted use of the general public. It will not be necessary for any member of the public to obtain membership in the Boy Scouts of America in order to use the facilities or to participate in classes or programs offered through the Center. 4 B. Operator 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; except to the extent permitted by a bona fide occupational qualification. C. Operator shall, in all solicitations for employees or jobs or orders relating to operation of the Center, place 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. D. Operator shall include a provision of the foregoing subsections A and B in every subcontract for goods or services which fall within the subject matter of this Agreement. E. Operator shall not discriminate against any user of the Center's facilities or programs because of race, color, creed, religion, sex, national origin, or marital status. 12. Condemnation or Reversion: If the property, or any part thereof, is taken by eminent domain or title to the premises should terminate because or prior rights reserved by the United States Government or other claimant, this Agreement shall expire on the date said property is taken. Operator shall be entitled to a reimbursement of a prorata share of material expenditures for approved structural improvements to the premises based on the remaining term of this Agreement on the date the property is taken. 13. General Provisions: A. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. 5 B. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties and the National Parks Service. C. Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: City Clerk Boy Scouts of America 239 Fourth Street Chief Seattle Council Bremerton, WA 98310 3120 Rainier Ave. S. Seattle, WA 98144-6095 Copy to Parks Department, 239 Fourth Street, Bremerton, WA 98310. D. 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. E. The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. F. Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. G. Operator, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. BOY SCOUTS OF AMERICA, CHIEF COUNCIL: DATED:~ CITY OF BREMERTON: ATTEST KATHLEEN M. McCLUSKEY~ Clerk STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) On this day personally appeared before me Gene Lobe and Kathleen L. McCluskey, to me known to be the Mayor and Clerk, respectively, of the City of Bremerton, a municipal corporation, that executed the foregoing instrument and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said municipal corporation and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. WITNESS MY HAND and official seal this ~day of N~OTARY PUB~/~C in and for the Stat~of ,W~h ingt on, . r esidi ng My Commission expires:.~/2 ~& STATE OF WASHINGTON ) ss COUNTY OF and ~;~ known to be the persons described in and who executed the within and foregoing instrument, acknowledged to me that they signed and sealed the same as their free and voluntary act and deed, for the uses and purposes therein stated. WITNESS MY HAND and official seal this <~ day of ~;~ .~,~e4~.- .~__.. State of Washington, residing