HomeMy WebLinkAboutCAP 2007-05-15 COMPLETE AGENDA PACKET Distribution:
City of Tukwila P. Carter V. Jessop
V. Griffin S. Kerslake
Q' Community Affairs and P. Linder K. Matej
D. Robertson M. Miotke
Parks Committee Mayor Mullet C. O'Flaherty
R. Berry J. Pace
Pam Linder, Chair E. Boykan D. Speck
1908 J. Cantu R. Still
Pam Carter B. Fletcher CC File (cover)
Dennis Robertson K. Fuhrer
AGENDA
Tuesday, May 15, 2007
Conference Room #3; 5 PM
ITEM ACTION TO BE TAKEN Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. 2008 application for Minor Home Repair; a. Forward to 5/21 Regular Pg. 1
Evelyn Boykan, Human Services Manager, Meeting.
b. Park and Open Space Plan Agreement; b. Forward to 5/29 C.O.W. Pg. 3
Rick Still, Parks Recreation Deputy Director and 6/4 Regular.
c. Macadam Winter Garden bid award; c. Forward to 5/29 C.O.W. Pg. 19
Rick Still, Parks Recreation Deputy Director and 6/4 Regular.
d. Foster Golf Course Concession Agreement; d. Forward to 5/29 C.O.W. Pg.21
Bruce Fletcher, Parks Recreation Director, and 6/4 Regular.
e. Parks Division staff reorganization; e. Forward to 5/29 C.O.W. Pg.53
Bruce Fletcher, Parks Recreation Director and 6/4 Regular.
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Wednesday, May 30, 2007
The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 for assistance.
~--~~~~-~-~-~-~-~-~~~~~~~~-~----~-----~_._~---~--~-~-~~--~~~----~-~
-~~---~~~~-~~~~-~-~~~_._~-~~~~-_:~~~------~~~-~~--~-->-~-----~-~---=---~-
MEMORANDUM
-~._~-~--~--~~------------------------~-----~---
-~~_.------~~--~-_._--~---~-- -------~._~-~---------
DATE:
TO:
CC:
FROM:
5/08/07
MAYOR'S OFFICE, CITY COUNCIL
RE:
if}
EVIE BOYKAN, HUMAN SERVICES
COMMUNITY DEVELOPMENT BLOCK GRANT FOR 2008
The application to King County for Community Development Block Grants is due on I\1ay 31.
The submission of the application must be accompanied by Council authorization and Mayor
approval. The Office of Human Services proposes to continue the Minor Home Repair program,
which targets minor home repairs to low and moderate income homeowners in Tukwila. In 2006
this program served 39 duplicated households "rith 192 hours of repair service. Most households
were at 30% of median income ($16,350 annually for one person). In SeaTac, 24 households \vere
served with 169 hours of repair service. The program successfully assisted homeowners who were
having a difficult time maintaining their house. The program is a tool that the cities can use to both
serve a human service need of maintaining a safe house, as well as a tool to address some code
enforcement issues. The service also contributes to a more positive image of Tukwila, SeaTac and
Des Moines single family neighborhoods.
We submitted last year's application jointly \,rith the City of SeaTac and the City of Des Moines.
'\lie were awarded $65,000; $8,000 higher than our request. Consistent "rith submitting a more
competitive subregional application, we are proposing to administer the 2008 program on behalf of
three cities; Tukwila, SeaTac, and Des Moines. SeaTac has one staff person addressing human
service issues, and in Des Moines, the staff person to implement the project will be their code
enforcement officer. Our sponsorship implies that we will serve as the fiscal agent for the three
cities, as well as handle the administration with King County. Each city will need to hire their own
contractors, screen their clients and make referrals. Our job "rill be to gather their paperwork to
receive reimbursement from King County. \\1e propose to submit an application for $66,000;
$24,666 for SeaTac, $22,668 for Tubvila and $17,666 for Des Moines. There is an additional $1,000
in the budged for federal regulatory review such as environmental review or historic preservation.
\Y.le recognize the CDBG funds are tenuous, in this climate of federal cost cutting. However,
should there be adequate funds for King County, we feel that this program meets a tangible need in
serving lower income populations with their housing needs. The program's consistency \vith the
County's Consolidated plan supports continuation as a method of supporting affordable housing.
Homeowners express gratitude and appreciation for a service that they otherwise would not be able
to afford.
Please let me know if you have any questions.
PART I GENERAL INFORMATION Title Page
1. Applicant Agency Name City of Tukwila
2. Title of Proposed Project Tukwila /SeaTac /Des Moines Minor Home Repair program
3. Project Site Street Address Sites are individual homeowners within the cities of Tukwila, SeaTac and
Des Moines
Provide boundaries of service delivery area. (Natural boundaries, or site streets, roads, etc).
Project will take place at the natural city
List Census Tract(s) and Block Group(s)and number of residents in Service Delivery Area.
Census Block Total Low /Mod
Tract(s) Group(s) Population Population Low Mod
262-
263,271,273,
281, 282,
284,288, 289,
287, 290, Total of
300 -301 all three cities
6. CDBG Funds Requested:
In -Kind Match:
Other Fund Sources
Total Project Cost:
Area Total 1 71,935
*If you serve the entire Consortium, indicate "Consortium- wide" in Census Tract box.
5. Proposed Use of CDBG Funds (Summarize in one or two sentences how CDBG funds will be used.)
Insert text here
7. Can your project be funded at a reduced level if necessary? x_ yes no.
If yes, what amount of CDBG funding will be needed at the reduced level? $50,000
Describe how the project will be implemented at this reduced funding level.
On a first come, first serve basis, residents will receive repairs until funds are depleted. Cities may choose
to prioritize repairs as only emergency. If participating cities are unable to implement the program, the
program will be reduced by the amount of funds that they agreed to manage.
TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE INFORMATION INCLUDED IN THIS
APPLICATION HAS BEEN CAREFULLY EXAMINED. APPLICANT UNDERSTANDS AND AGREES TO
COMPLY WITH THE POLICIES, RULES AND REGULATIONS REFERENCED IN THE APPLICATION IF
FUNDING IS AWARDED. IT IS FURTHER UNDERSTOOD THAT INFORMATION PRESENTED IN THIS
APPLICATION WILL BECOME A PART OF ANY SUBSEQUENT FUNDING CONTRACT.
Applicant Contact Information:
X
Authorized Signature of Applicant
Mayor Steve Mullet
$66,000
$66,000
Print or type Name and Title
Standard Application and Guidelines 2008 3
Total of all Des Moines
cities -43%
1
1
1 35,715
Tuk -57%
SeaTac
52%
Evie Boykan, Human Services Manager
Print or Type Contact Name and Title
2008 CDBG Application
ebovkan 433 -7180- 433 -7183
E mail Address Phone and Fax
MAR 2007
Parks and Recreation Department
Bruce Fletcher, Director
MEMORANDUM
TO: Mayor Steve Mullet
Community Affairs and Parks Committee
FROM: ~S Rick Still, Deputy Director of Parks and Recreation
DATE: May 2, 2007
SUBJECT: Park, Recreation & Open Space Plan - Authorize Consultant Agreement
Project Number 06-PK-01 MASTERPLAN2007
ISSUE
Select a consultant to provide Park Planning services for the Parks, Recreation & Open
Space Plan.
BACKGROUND
The 2001-2006 Parks, Golf and Open Space Plan was adopted by Resolution Number 1464
on June 18, 2001. Many of the high priority capital items listed in the current plan have been
completed or are currently in process of being completed.
There are two main reasons for a city to have what is commonly called a "Parks Master
Plan". First, the Parks Master Plan helps establish the needs in the community, identifies
ways to meet those needs, establishes a 6-year Capital Improvement Plan and provides the
policy and standards to guide the department for the future. Second, the parks plan, that
meets certain criteria, allows the city to be eligible for local, State, and Federal grants.
The attached April 13, 2007 proposal identifies the desired approach to completing the City's
Parks, Recreation & Open Space Plan scope of work. The consultant's scope of work will not
exceed the CIP's $40,000 budget for this project.
ACTION TAKEN
Five firms were short-listed from the City's consultant roster of firms that indicated they
provide expertise in landscape architecture, park design, and park master planning. Three
firms submitted proposal and were rated based on the Park Master Plan Expertise, Creative
Approach to Project, Management Team Qualifications, Ability to Meet Time Line, and
Professional Presentation. The Beckwith Consulting Group was rated with the highest score
and selected as the most qualified (see rating sheet attached).
A draft Scope of Work and Fee Estimate are attached.
RECOMMFNDATION
Approve the selection of the Beckwith Consulting Group, as the Park Planning consultant for
the Parks, Recreation & Open Space Plan and authorize the Mayor to execute an agreement
with the Beckwith Consulting Group in the amount of $40,000.00.
Attachments: Rating Sheet, Consultant Agreement, Scope of Work, Fee Estimate.
cc: City Administrator
Director of Parks & Recreation
RATING SHEEr
CONSULTANT SELECTION EVALUATION
2007 PARKS, RECREATION & OPEN SPACE PLAN
MIG, Inc. Future
Directions, Inc.
Park Master Plan Experience 23 21
25 Points
Creative Approach to Project 17 13
20 Points
Management Team Qualifications 19 17
20 Points
Ability to Meet Time Line 13 20
20 Points
Professional Presentation 15 9
15 Points
TOTALS 87 80
Consultant scoring as listed above, with 100 being the perfect score.
CONSULTANT AGREEMENT FOR
DESIGN SERVICES
TillS AGREEMENT is entered into between the City of Tukwila, Washington, herein-after
referred to as "the City", and THE BECKWITH CONSULTING GROUP, hereinafter referred to
as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. Project Designation. The Consultant is retained by the City to perform PARK
PLANNING services in connection with the project titled PARKS, RECREATION &
OPEN SPACE PLAN.
2. Scope of Services. The Consultant agrees to perform the services, identified on
Attachment "A" attached hereto, including the provision of all labor, materials, equipment
and supplies.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the City to the Consultant to proceed. The Consultant shall perform all
services and provide all work product required pursuant to this Agreement within 230
calendar days from the date written notice is given to proceed, unless an extension of such
time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on
Attachment "B" attached hereto, provided that the total amount of payment to the
Consultant shall not exceed $40,000.00 without express written modification of the
Agreement signed by the City.
B. The Consultant may submit vouchers to the City once per month during the progress
of the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be
made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and state for a period of three
(3) years after fmalpayments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection
with the Consultant's endeavors, without further permission from, or compensation to the
City. The Consultant shall not be responsible for any use of the said documents, drawings,
specifications or other materials by the City on any project other than the project specified
in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated
by this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this Agreement.
7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from and against any and all claims, losses or liability,
including attorney's fees, arising from injury or death to persons or damage to property
occasioned by any act, omission or failure of the Consultant, its officers, agents and
employees, in performing the work required by this Agreement. With respect to the
performance of this Agreement and as to claims against the City, its officers, agents and
employees, the Consultant expressly waives its immunity under Title 51 of the Revised
Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees
that the obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Consultant. This
waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage
resulting from the sole negligence of the City, its agents and employees. To the extent any
of the damages referenced by this paragraph were caused by or resulted from the
concurrent negligence of the City, its agents or employees, this obligation to indemnify,
defend and hold harmless is valid and enforceable only to the extent of the negligence of
the Consultant, its officers, agents and employees.
8. Insurance. The Consultant shall secure and maintain in force throughout the duration of
this contract comprehensive general liability insurance, with a minimum coverage of
$500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per
occurrence/ aggregate for property damage, and professional liability insurance in the
amount of$I,OOO,OOO.
Said general liability policy shall name the City of Tukwila as an additional named insured
and shall include a provision prohibiting cancellation of said policy except upon thirty (30)
Park, Recreation & Open Space Plan
The Beckwith Consulting Group
Park Planning Services
Page 2 of 5
days prior written notice to the City. Certificates of coverage as required by this section
shall be delivered to the City within fifteen (15) days of execution of this Agreement.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the
services provided under this Agreement. The City shall not be responsible for withholding
or otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of
this warrant, the City shall have the right to annul this contract without liability, or in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non-Waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
proVISIOn.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant. In the case of early termination, the Consultant
shall be entitled to compensation for all work performed up to the termination
effective date, and the City shall promptly process payment within its next normal
accounts payable processing cycle.
Park, Recreation & Open Space Plan
The Beckwith Consulting Group
Park Planning Services
Page 3 of5
B. In the event of the death of a member, partner or officer of the Consultant, or any of
its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terms of this Agreement, if
requested to do so by the City. This section shall not be a bar to renegotiations of this
Agreement between surviving members of the Consultant and the City, if the City so
chooses.
15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to
enforce any provision of this Agreement, the prevailing party in such suit shall be entitled
to recover its costs, including reasonable attorney's fees, incurred in such suit from the
losing party.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Tom Beckwith
The Beckwith Consulting Group
PO Box 704
LaConner, W A 98257
17. Integrated Agreement. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements \vritten or oral. This
Agreement may be amended only by v.TItten instrument signed by both the City and the
Consultant.
Attachments:
A. Proposal for Park Planning Services dated April 13, 2007
B. Project Scope ofWork/Fee Schedule dated April 13, 2007
Park, Recreation & Open Space Plan
The Beckwith Consulting Group
Park Planning Services
Page 4 of5
DATED this
day of
CITY OF TUKWILA
,20
Bruce Fletcher, Director
Parks and Recreation Department
Steven M. Mullet, Mayor
Attest! Authenticated:
Jane E. Cantu, CMC, City Clerk
Park, Recreation & Open Space Plan
The Beckwith Consulting Group
Park Planning Services
CONSULTANT
By:
Printed Name:
Title:
Approved as to Form:
Office of the City Attorney
Page 5 of5
Attachment A
Parks Recreation and Open Space Plan Map
the Beckwith Consulting Group
April 13, 2007
Proposed approach - - - - ~~ - = = ~ - -
1: Conduct workshov
We will conduct a workshop with you, your staff, Park Board, and City Council to review
and strategize about:
· a vision - concerning the context, scope, and particulars of the plan update,
an assessment - of the participants and products that have been achieved by your
park system to date in light of the vision statement above, and
identify who and how to involve - the public including user and interest groups like
King County, Seattle, SeaTac, Kent, Renton, Tukwila School District, YMCA, Boys & Girls
Club, and other agencies or facility providers in your planning process.
Webvaae - we will post the planning process schedule, meeting locations, and other
particulars on a link to your webpage on a continuous basis throughout the project.
Assess supply~ demand. and financial conditions - - - -
2: Uvdate inventorv/ovvortunities
We will update your inventory of all public and private park facilities within your city
service area. We will compile a summary description of the history, development
condition, improvements program, development capabilities, and any other relevant
features of each property holding and facility that has been developed or could be made
available for public use by you or other providers on owned, leased, or subleased lands.
We will also assess existing and potential lands and properties with characteristics that
may provide you park, open space, and recreation opportunities including:
lands with sensitive environmental conditions or characteristics - like stream
corridors and wetlands, steep slopes, and floodplains within the Green River valley,
woodland cover - including the quality and condition of your forested areas along
the slopes overlooking the Green River valley,
lands with svecial social or aesthetic values - like historical landmarks, wildlife
habitat, and scenic view sheds and overlooks, and
vrovertv owned bv other vublic aaencies - including the Tukwila School District,
King County, and private homeowners associations as well as land owners.
We will identify the strategic value of each area and site for open space, wildlife habitat,
woodland cover, and/or passive or active parks and trail developments.
3: Assess maintenance and revair reauirements
We will collate known requirements, and inspect and evaluate in detail the current
condition, capability, and use capacity of the following features of your major properties
and facilities as well as sites or properties of opportunity or interest:
ownershiv - including value of land, buildings, and site improvements,
· site conditions - including topography and soils, ground and surface water, erosion
hazards, and other environmental features,
· habitat conditions - including existing and suitable woodland, plant, and wildlife
habitat management levels and invasive species assessments,
· facilitv conditions - including cyclical maintenance, renovation, repair, and ADA
retrofit requirements of playgrounds, picnic areas, trails, fields, and structures,
· cavabilitv - including the potential for enlarging, enhancing, or otherwise improving
existing developed and undeveloped properties under your control.
We will identify 6-20-year maintenance and repair requirements for your existing park,
recreation, and open space assets.
2
4: Desicmlconduct outreach events
User arouv workshovs - we will conduct workshop sessions with agencies that sponsor
or provide programs or facilities of interest to your plan. Participants may include the
Tukwila School District, YMCA, Boys & Girls Club, as well as the adjacent cities of Seattle,
Renton, SeaTac, Kent, and others you deem appropriate. We will conduct the workshops
as brainstorming sessions where each participant will outline the:
history - of the agency including mission and objectives within your planning area,
membershiv- including age, sex, residence, and service area,
vrOClrams - presently provided or sponsored including proposals within your area,
issues - of interest to your planning process, and
sUClaestions - including possible joint venture opportunities with your agency.
The workshops will develop an outline of objectives and issues to be resolved during
your planning process - and provide the basis for potential venturing programs or
projects of interest to you later in the process.
Public hand-outlhand-back or mail-back surveys - we will design a series of written
questionnaires to be conducted of the general public and your park, recreation, and open
space users as hand-outjhand-back or mail-back surveys. The surveys may be distributed
on your webpage and/or with your city newsletter. Boy Scouts, school students, athletic
league participants, and other volunteers may also conduct park user intercept surveys at
indoor and outdoor facilities of interest throughout your service area - and of middle and
high school students in your school facilities. The surveys will ask questions about:
· user characteristics - including place and length of residence, age, household status,
· familiaritv - with park, recreation, and open space sites and facilities within your
service area including use patterns or frequencies,
reason for usina - park or recreational facilities or sites of interest including
comparison of your costs, quality, convenience, and other factors,
level of satisfaction - with your existing park and open space areas and facilities
including design, condition, availability, and services, and
desire - for specific open space, facility, or service improvements including priorities.
The surveys will provide you an introductory assessment of park, recreation, and open
space conditions, service areas, and reasons for use - compared with a later mail-
out/phone-back survey of registered city voter households that will provide you an
accurate assessment of proposed program s, open space conservation strategies, park
development projects, priorities, and financial preferences.
The school student surveys will also provide you an evaluation of school student intere sts
as well as their level of involvement (or not) in your and other agency programs to
determine any service gaps as well as kids at risk.
5: Proiect vark. oven svace. and recreation demands
We will project your park, recreation, and open space requirements using a combination
of methodologies we developed for the year 2002 Washington State Statewide
Comprehensive Outdoor Recreation Plan (SCaRP) participation models as well as national
recreation industry groups. Our SCaRP and industry based participation models and level-
of-service (LOS) standards will:
establish use trends - in recreational program enrollments and volumes, in park and
facility utilization rates, and other user statistics maintained by you and park agencies
within your service area to determine each agency's likely market capture rates,
analvze demoaravhic chanaes - in the your service area including estimates of
population by age groups over the next 6-20 year periods and the impact age specific
trends will have on all agencies facilities and programs,
vroiect recreation demand - in park, recreation, and trail activities of interest
including participation rates, frequency, season and weekly occurrence, duration,
turnover, and location based on our SCaRP methodologies,
3
establish facility cat1acirv - including the number of participants that can be
accommodated by your existing park facilities per unit of measurement (field, court,
facility square footage, mile of trail) during an average and peak seasonal event{
· establish t1reliminary existina and t1rot1osed level-of-service (ELOS/PLOSl
standards - and project demand for you and all agencies program, land, and facility
requirement terms using the variables established above,
· subtract existina and t1roarammed facilities - to determine facility needs,
t1roiect the land acauisition. facility deskIn, construction. and other costs -
involved in conserving open space and developing facilities necessary to resolve unmet
demands for each activity category for each increment 6-20 year forecast for you and all
agencies within your service area.
6: Assess financial conditions/t1rost1ects
We will analyze your financial prospects in regard to:
t1resent and t1robable revenue trends - in property tax generated general fund
revenues, park and open space expenditure patterns, capital improvement program
requirements, potential bonded debt capacity, and voter referendum issues,
· any sut1t1lemental fundina allocations - from potential park impact fees, SEPA
mitigation, sales taxes, enterprise accounts, state and federal grants, obligation bonds,
property tax levies, special revenue funds, and concessionaires,
t1roaram cost recovery measures - including existing and potential user fees, rental
schedules, and other program cost recovery methods based on alternative fair market
value, community benefit, and/or social ethos methodologies, and
at1t1licability of other fundina at1t1roaches and t1yost1ects - including development
rights transfer, property tax rate adjustments, conservation easements, life estate
agreements, special use agreements, public/private service contracts, concessionaire
agreements, joint venture developments, self-help contract agreements, and Metro Park
District formation strategies of interest to you and other involved agencies.
7: Review assessments
We will review the inventory, maintenance, surveys, demands, and financial projections
during workshop review sessions with you, your staff, Park Board, and Council. Your
workshop participants will clarify policy issues and define questions to be resolved in
following tasks of work.
Establish goals and strategies ~ - - - - - ~
8: Draft aoals and strateaies
We will draft your planning objectives including:
Goals
determination of - your park, recreation, and open space service area(s) of a
neighborhood, city, and area-wide service area, and
· your service. ot1en st1ace t1reservation, and facility develot1ment t1riorities - by
specific park, recreation, and open space activity or service area.
Strategies
your role/rest1onsibility ot1tions - by planning area, program activity, for
preservation, acquisition, development, maintenance, and operations,
· your existina and tJrotJosed level-of-service (ELOS/PLOS) standards - to be
provided park, recreation, and open space conservations and developments along with
specific priorities by site and planning area, and
your fundina strateaies - for each activity for each level of service.
9: Select strateay otJtions
We will review the goal statements and strategy options with the results of the demand
and financial assessments during a workshop review session with you, your staff, Park
Board, and Council. Your workshop participants will resolve final goal statements and
select strategy approaches to be used in your plan's development.
4
Develop park, recreation, and open space plan elements
10: Conduct vlannina/desian charrette
We will conduct public charrettes or workshops to develop and discuss preliminary
planning and design solutions with:
you, your staff, Park Board, and Council,
open space, urban forest, and wildlife conservation interest groups,
· resource oriented boating and fishing interest groups,
on and off-road trail user groups,
· athletic leagues and user organizations, and
aquatic, art, recreation, community, teen, senior, and special population center users.
We will conduct the sessions as brainstorming workshops, where your participants will
jointly create (and we illustrate) as many ideas as possible for every type of plan element
from programs to open space to fields to indoor facilities. We will develop these
workshops without critical evaluations until your participants are satisfied that all
possible ideas have been explored.
We will have your participants evaluate every proposal listing negative and positive
features. Where appropriate, we may refine, expand, or combine proposals as a means of
increasing pOSitive and decreasing negative features. We will then poll your groups to
determine the level of support for each proposal and thereby determine which concepts
we further develop into plan elements.
11: Develov vark. oven svace. and recreation vlan elements
Based on the results of the charrettes, we will develop holistic 6-20-year plans for your
park, recreation, and open space elements to include descriptive programs, illustrative
designs, site plans, cost estimates, and texts of an:
recreational vroaram element - identifying your recreational program objectives
and a matrix assigning responsibility for each program offering between you, adjacent
cities, the Tukwila School District, YMCA, Boys & Girls Club, and other public, non-profit,
or private agency providers within your service area to support leisure and welfare
activities for children, teens, adults, seniors, and special populations.
environmental. woodland. and wildlife habitat element - identifying your unique
environmental, ecological, forest, and wildlife habitat conservation or preservation areas
including sites and areas along the hillsides and the Green River.
historical. cultural element - identifying your unique historical and cultural
preservation sites, features and buildings.
resource varks element - identifying your property acquisitions or use agreements
and facility development projects for a system of picnicking, boating, and fishing
activities within your existing parks and possible acquisitions.
· trail element - identifying corridors, destinations, trailheads, design, and use
standards for a system of on and off-road hiking, biking, water trail, and off-leash dog
park and trail improvements between your parks, public facilities, commercial activities,
and residential and business neighborhoods.
· recreational facility element - identifying a system of neighborhood and community
developments for skateboard parks and climbing walls, basketball, volleyball and tennis
courts; football, soccer, and baseball fields in your parks, school district properties, or as
leased lands to your current or potential partners.
indoor facilities element - identifying multipurpose activity centers for your aquatic
facility and communitycenter as well as gymnasiums, classrooms, meeting rooms, day
care and after school programs, senior centers, and administrative office support to be
provided by you and/oradjacent cities, the Tukwila School District, YMCA, Boys & Girls
Club, and/or other agency facilities.
svecial facility ovvortunity element - identifying improvements or developments for
your farmers' market, downtown streetscapes, special events spaces, and any other
special activities or facilities of interest.
5
. suvvortinC/ facilities maintenance and overations vlan - identifying your required
staff, equipment, yards, and buildings necessary to provide supporting park maintenance,
operations, and administration requirements for existing and proposed park facilities.
12: Conduct vublic forum on vlan ovtions
We will conduct a series of open houses with your user and interest groups, and the
interested public-at-Iarge. We will post the proposals and forum survey questions on your
webpage. We will also create an exhibits booth displaying your plan proposals to be
posted in your Aquatic Center, Community Center, Foster Golf Course, City Hall, and
Schools.
We will distribute a written questionnaire survey to each public participant as they enter
the open house or booth exhibition. The survey will be indexed to the graphic displays
asking the participant their concerns, issues, and particular plan options.
13: Review/select vreferred strateC/v/vlan
Based on the results of the forum, you, your staff, Park Board, and Council will select
preferred strategy options and plan elements to include program, conservation area
strategies, facility development proposals, and priorities.
Create implementation program - -- -- -- - -- - -
14: Create imvlementation vroC/ram/CFP
Based on task 13, we will develop a detailed implementation program to include:
. interaC/encv aC/reements - including draft terms and understandings between you
and any possible joint venture program, conservation property owner, or facility partners,
. 6-vear recreation vroC/ram - defining any proposed program activities with
estimated staff, equipment, and other operating requirements for you and any
participating joint venture partners,
6/20-vear cavital facilities vroC/ram (CFP) - defining your existing and proposed
level-of-service (ELOSjPLOS) standards with estimated development rights or land
acquisitions, design, development, operation and maintenance costs, and possible
funding sources or methods for you and any joint venture partners,
leC/islative vackaC/e - outlining your authorizations necessary to protect sensitive
lands, conserve forest cover, impose park impact fees or set-asides, mitigate
development impacts, obtain multiple use land agreements, and other strategies.
15: DesiC/n/conduct mail-out/vhone-back survey
We will design and conduct a mail-outjphone-back questionnaire of registered city voter
households about your park, recreation, and open space program, development, and
implementation issues. We will pre-qualify by telephone interview a statistically controlled
sample group and will mail background materials and a copy of the survey to each
household within the controlled sample group. The survey will ask questions about:
desires - for specific program services including methods of financing,
. avvrovals and vriorities - for special site or land conservations and development
project proposals including property acquisitions and illustrative site and building design
concepts for existing or proposed new conservation areas or park facilities,
. financinC/ vreferences and vriorities - including methods and amounts of proposed
property tax adjustments, development rights transfer, general fund allocations, park
impact fees, general obligation bonds, property tax levy rate adjustments, and user fees,
. characteristics - including length of residence, age, and household status.
16: Select vlans/CFP .
We will review implementation program particulars and the survey results during
workshop review sessions with you, your staff, Park Board, and Council. Your workshop
participants will select preferred programs, land preservation sites, capital faCility
projects, schedules, revenue sources, impact fees, and other particulars.
6
Review/adoption process - - - - - - - -
17: Edit/vublish vlans/imvlementation/CFP/SEPA vroaram documents
We will compile and edit camera-ready copy of the following plan documents:
Website and Powervoint vresentations - of the executive summary
recommendations and program and plan element proposals,
. vublic brochures - with plan and illustrative graphics and implementation particulars
to be used as a future public handout following your plan adoption,
narrative vlan document - with graphics and binding to include the results of the
inventories, goal and strategy statements, conservation strategies, recreation program,
development plan elements, and capital facility program.
We will provide you copies of all text, tables, and graphics on CDs in formats suitable to
your software requirements (Microsoft Word and Excel, Adobe Acrobat, Powerpoint,
Photoshop, ArcView GIS, or AutoCAD) for you to publish and distribute your park,
recreation, and open space plan documents.
18: Present vlans/imvlementation vroaram/CFP for adovtion
You will present and discuss, with our assistance as appropriate, the contents of your
park, recreation, and open space plan, implementation program, and other
recommendations to the Planning Commission and City Council for review and adoption
proceedings in accordance with GMA requirements.
7
FEE ESTIMATE - ATI'ACHMENT B
13 April 2007
Gantt Chart
Tukwila park, recreation, and open space plan update - - - - - -
Team Leader - Tom Beckwith FAICP
I Finance/Recreation Programmer - Lee Springgate
I I Landscape Architect - Terry Reckord ASLA
I I I Architect - Stan Lokting AlA
I I I I Opinion Surveys - Richard Anderson/GMA Research Corporation
I I I I I
I I I I I
Initiate project I I I I I
Conduct retreat w/staff X X X X
Update inventory of site, facilities, and revenues
2 Update inventory/opportunity assessments X X X X
3 Assess maintenance/repair requirements X X X X
4 Design/conduct outreach surveys/events X
5 Project park demands/needs X X
6 Assess financial conditions/prospects X X
7 Review findings X X X X
Draft goals/strategies
8 Draft strategies and goals
9 Select strategies X X X X
Develop park, recreation, open space plan elements
10 Conduct planning/design workshops X X X X
11 Create development plan elements X X X X
12 Conduct public forums on plan options X X X X
13 Select plan X X X X
Create implementation programs
14 Update implementation/CFP
1 5 Design/conduct mail-out/phone-back survey
16 Select implement/CFP
Initiate review/adopt plans
17 Edit/publish plans/CFP/SEPA documents
18 Review/adopt with PC/CC
1 1 1 1 1 2 2 2
8 0 2 4 6 8 0 2 4
Subtotal
Contingency
Project budget
prof
hrs
8
labor
hours
5680
20
30
16
16
32
12
Sl,700
S2,550
51,360
51,360
52,720
$1,020
8
2
5680
5170
16
108
24
12
51,360
$8,100
52,040
51,020
40
16
12
53,400
$1,360
$1,020
24
4
400
4%
51,800
5340
532,680
AssumDtions bv task
2 Assumes we will jointly compile and assess your inventory to include current property holdings and other public and
private land and facilities.
3 Assumes we will jointly update your cyclical maintenance and repair estimates.
4 Assumes we will design/analyze and you will distribute/collect mail-out/mail-back outreach and intercept surveys.
10 Assumes we will jointly conduct workshops or charrettes with agencies, interest and user groups.
12 Assumes we will jointly conduct open houses with agencies, interest and user groups, and facility providers.
15 Assumes we will design, conduct, copy, and mail survey packets for a mail-out/phone-back survey of 100 registered
voter households with an accuracy withing +/-10% at a cost of 550 per completed survey.
18 Assumes we will provide you camera-ready copy and a CD of all documents in Word, Excel, Adobe Acrobat, and
Powerpoint for your hard copy printing and posting on your webpage.
$150
$100
50
50
50
$150
$150
5250
5150
$0
$0
54,500
50
$150
$0
$5,600
General hourly rates=$85-125/hr principals, $75-95/hr professionals, S55-75/hr technical and $25-55/hr for support skills.
mtls/
cost
50
total
cost
5680
$1,850
52,650
$1,360
51,360
52,720
$1,170
$0
$0
5680
5170
$1,510
$8,350
$2,190
$1,020
$3,400
55,860
51,020
51,950
$340
$38,280
$1,720
540,000
Parks and Recreation Department
Bruce Fletcher, Director
MEMORANDUM
TO: Mayor Steve Mullet
Community Affairs and Parks Committee
FROM: ~S Rick Still, Deputy Director of Parks and Recreation
DATE: May 9, 2007
SUBJECT: Macadam Winter Garden - Bid Award
Project Number 03-PK08-MWG-07
ISSUE
Bid Award for the development of Macadam Winter Garden.
BACKGROUND
In 2005, Macadam Winter Garden was put out for public bid two times. The first time we
received no bid and the second time we received one bid that was nearly $125,000 over our
budget. The Capital Improvement Program (CIP) budget for Macadam Winter Garden was
borrowed for another project in 2006. It turned out the funds were not expended. So, now the
project is back in the 2007 CIP.
Staff has worked with the project design consultant Johnson Braund Design Group, Inc.
(JDBG) to revise the construction documents. The modifications should allow the City to
obtain bids within our budget. The two major changes include eliminating the main entry
structure and all work in the wetland buffer zone. The architect's construction estimate is
$180,000.
ACTION TAKEN
A Call for Bids was advertised on April 23,2007 with bids being due on May 14. The bids will
be opened at 2 PM on May 14th. Staff is currently evaluating the contractors on the plan
holders list and will evaluate the bid proposals prior to making a recommendation at the May
15 Community Affairs and Parks Committee meeting.
RFCOMMFNDATION
Staff will have a recommendation for the apparent low bidder at the meeting.
cc: City Administrator
Director of Parks & Recreation
City of Tukwila
Steven M. Mullet, Mayor
ParkS & Recreation Department
Bruce Retcher, Director
MEMORANDUM
TO:
Mayor Mullet
FROM:
Bruce Fletcher, Director of Parks & Recreation
0{/
DATE: May 10, 2007
SUBJECT: Foster Golf Concession Agreement Amendment
In September of2003, the City entered into a concession agreement with Gordy's of
Tukwila, Inc to provide concessionaire services at Foster Golf Links. The restaurant
opened during the summer of 2004 getting off to a rough start with lower than expected
food service business. The new restaurant was not immediately accepted by the local
golfing community and the entire golf/restaurant business had reduced numbers caused
by the year long construction proj ect.
Since the slow start, Gordy's (now Gordon's on the Green) sales continue to grow each
year and shows financial promise in their updated marketing and business plan.
Gordon's business carried a tremendous amount of back debt that had caused cash
shortages and forced them to obtain high interest loans during their first couple of years.
Gordon has been working with Steele Development on the advice of Eastside
Commercial Bank in efforts to improve the financial side of their business.
Gordon has made several requests to the city in order to help his business succeed at
Foster Golf Links. After several meetings that included the Directors of Parks and
Recreation and Director of Finance, we are ready to bring a contract addendum to the
City Council.
Gordon highest priority request includes transferring the ownership of all capital
equipment to the City. After much thought and discussion, it makes sense for the city to
assume ownership of all itemized kitchen equipment for several reasons. For whatever
reason, if the concessionaire contract was terminated, it would be Gordon's responsibility
to disassemble and remove all kitchen and capital equipment from the restaurant. If the
capital equipment belonged to the city, then a new concessionaire could move in and start
up time would be more immediate.
Gordon has also requested that the restaurant/lounge percentage fees remain at 5% of
gross receipts which has been deemed acceptable to Parks and Finance.
"Creating Community through People, Parks and Programs"
12424 42nd Ave. S. . Tukwila, Washington 98168 · Phone: 206-768-2822 · Fax: 206-768-0524
With the recommendation to approve these amendments from the Parks and Recreation
Director, it is also a time that Gordy's of Tukwila Inc, must agree to perform to terms or
face possible termination. Gordy's ofTukwila, Inc has an outstanding debt to the city
and an acceptable payment plan is in place.
Gordon's on the Green's business success is very important to the Foster Golf Links
operations. Even though our partnership got off to a slow start, the restaurant business
continues to improve and Foster's golf rounds are also increasing. We look forward to a
renewed partnership and increased services for our residents, businesses and many
visitors at the Foster Clubhouse and Restaurant.
Cc: Rhonda Berry, City Administrator
Kevin Fuhrer, Finance Director
Peter Beckwith, Assistant City Attorney
FOSTER GOLF COURSE RESTAURANT
CONCESSION AGREEMENT
This agreement ("Agreement") is entered into by and between the CITY OF TUK\VILA, a
municipal corporation of the State of Washington (hereinafter referred to as the "City") and
GORDY'S OF TUKWILA, INC., a Washington corporation (hereinafter referred to as
"Concessionaire").
WITNESSETH, that in consideration of the mutual promises, covenants and agreement
contained herein, the parties hereby agree as follows:
I CONCESSION RIGHTS GRANTED
The City hereby grants to the Concessionaire for the term and upon the conditions and
provisions contained herein the exclusive restaurant, lounge, snack bar, catering, and
beverage/snack cart concession rights at the Foster Golf Course located at 13500 Interurban A venue,
Tukwila, Washington, legally described in Exhibit B attached hereto and incorporated herein by
reference. The facilities available to the Concessionaire to carry on all activities authorized in this
Agreement shall be located within the Club House and shall hereinafter be referred to as the
"Concession Areas" and shall include only the Restaurant, Lounge, Kitchen, Banquet Rooms,
Storage, Hallway to Banquet Rooms, Storage, Covered Patio, Patio, Interior Rest Rooms, Marketing
Office, Lobby/Hospitality Area also known as rooms 101, 102, 104, 103, 104, 108, 110, I I I, 112,
113, 114, 115, 116, 121,122, 129, 130, and A-3 as shown on the floor plan attached as Exhibit A
attached hereto and incorporated by reference. In addition, the City grants the Concessionaire the
exclusive right to operate a beverage/snack cart on the golf course. City reserves the right, and
Concessionaire acknowledges City's right, for the golf course pro shop to sell drip coffee, bottled or
canned beverages (including water, soda, juices, but not alcoholic beverages), prepackaged snacks
and prepackaged sandwiches incidental to the operation of the pro shop.
The City acknowledges that convenient parking is necessary for the operational and financial
success of the restaurant, lounge, and other food and beverage business to be conducted by
Concessionaire in the Concession Areas. In order to assure that Concessionaire has sufficient
customer parking, City agrees, by signage or other markings, to designate twenty-four (24) spaces as
nvo-hour (2) restricted parking only. These spaces are provided with intent that the nvo-hour (2)
restriction will cause golf patrons parking for longer durations, not to utilize these nventy-four
spaces proximate to the Concession Areas main entrance. These spaces are shown on the parking
site plans, are hereby identified as the twenty (20) stall parking section, closest to and just easterly of
the entrance planter in the main parking lot's central section, and the four (4) stalls in the main
parking lot at the north curbline immediately adjacent to the six stalls designated for handicap only
parking. City shall mark these nventy-four spaces, by sign or other markings, with words to the
effect "2 Hour Parking Only". While interacting with patrons, clubhouse staff will encourage
parking restriction compliance by golf patrons.
FOSTER GOLF LINKS CLUBHOUSE
Page 1 of 30Modified 01131107511007
CONCESSION AGREEMENT
II TERM OF CONCESSION AGREEMENT
This agreement shall commence on the first day the restaurant operation is open to the public
(the "Commencement Date"), and shall expire seven (7) years from the first day of the first calendar
month immediately following the Commencement Date. Provided that Concessionaire is not then in
default of this Agreement, Concessionaire shall have right to further extend the lease for an
additional seven (7) years, provided the city and concessionaire mutually agree upon reasonable
modifications (if any) to those fees and assessments contained in Article III of this agreement, and
further agree upon any facility restorations, improvements, or upgrades that result from the
evaluation of facility conditions, potential improvements or alterations. Notification of the
Concessionaire's intent to exercise provisions for this lease must be issued by the Concessionaire to
the City by formal written notice, not later than one hundred eighty (180) days prior to the
expiration of the initial term of this Agreement. If the seven (7) year extension is sought, the terms
of this Agreement, or any revisions thereto when mutually agreed to by the City and Concessionaire,
shall apply to the additional seven (7) year period.
III CONCESSION FEES
Concession Fees (defined below in Section Ill.G.) shall be paid to the City by the
Concessionaire.. tI1~'?l!g].1 !~n:njl1~.tj~rl-'?!: ~he. ?g~~~f!l.~I1!.as f<?!!9-~""?:___...uu.. ...u. u u. .uu....... u u u __.. __.......... { Deleted: as follows
Restaurant /Lounge:
%Yo. ~f. Q!.<??~ ,~~-,~~jP'!~. ~.P.!9- .$J, 9.QQ..Q.QQ ..QQ......".......,.,.
fJ.. ........__. .,...__.. .. --.....------. .--... ...--.. ;,
4% of Gross Receipts above $2,000,000.00 \\
j, 'Yo. ~f. Q!,<??~ Bc~~~j p.!~, ~.P.!9-". ~?QQ, 9.QQ..QQ.... --, ,...... --".,:\
Catering /Room Rental
Out Catering
'9:. ____ _ _ __ _ _ __ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -- _ _ _ _ _ _ --- _ _ -- _ _ _ _ _ _ -- _ -- - - --- - - - - - - - - - -....' -~
2% of Gross Receipts ;,: ";
:\ \~
The payments of a percentage of Gross Receipts, as set forth above, are hereinafter referred to as the
"Percentage Fees."
C. In accordance with state law the City is charged a leasehold tax on the Percentage
Fees paid to the City at a rate of 12,84% ("Leasehold Tax"). The Leasehold Tax is in lieu of
payment of property tax and shall be payable to the city by the Concessionaire.
D. The term 'Gross Receipts" shall include the total amount in dollars of the actual price
charged, whether for cash or on credit, for all sales by Concessionaire for merchandise, food,
beverages, services, gift or merchandise certificates, rentals, and all other receipts from business
conducted at, in, on, about or from the Concession Areas, but shall not include the following:
(a) sales of gift or merchandise certificates until converted to a sale by redemption on the
Concession Areas; (b) any sums collected and remitted for any retail sales tax, retail excise tax or
general excise tax imposed by any duly constituted governmental authority and separately stated to and
FOSTER GOLF LINKS CLUBHOUSE
Page 2 of 30Modifted 01131/07f/HY07
CONCESSION AGREEMENT
...... Deleted: A. For the period that
concludes December 31, 2004
Concessionaire shall pay the City the
I following percentage of the Gross
Receipts:~
~
Restaurant lLoungefCateringIRoom
Rental:~
5% of Gross Receipts up to
S2,OOO,OOO.00~
4% of Gross Receipts above
S2,OOO,OOO.~
Out Catering
,";'
('\ ~eceiPts ~
" '., B. For the period after the first twelve
\\ \ (12) complete calendar months following
" . . the Commencement Date through
~"\'\'~':"" termination of the Agreement,
Concessionaire shall pay the City the
~'., ~..'.: following percentage of the Gross
\)\i ::::: 6
\\ ':( Deleted: I
';: Deleted: 5% of Gross Receipts above
';': S 1,000,000.0
\( Deleted: 7
2% of Gross
Deleted: 6% of Gross Receipts above
S5oo,Ooo.00
collected from customers; ( c) any exchange of goods or merchandise between the stores of
Concessionaire where such exchange of goods or merchandise is made solely for the convenient
operation of the business of Concessionaire; (d) any cash or credit discount, allowance or refund made
upon any sale; (e) any sales of fixtures and equipment which are not a part of Concessionaire's stock in
trade; (f) the sales price of meals provided to employees; (g) the portion of meals provided to
customers pursuant to coupons or other promotional programs or devices (to the extent that
Concessionaire receives no payment therefor or for the coupon or promotional programs or device);
(h) tips or gratuities paid by customers to or for the benefit of Concessionaire's employees which are
retained by Concessionaire's employees; (i) the portion of the receipts from any vending machines or
other coin- or token-operated device that Concessionaire must remit to any third party for providing
and/or stocking said machine or device, excluding any vending machines located inside the Pro Shop;
G) the price charged for sales to purchasers who, by reason of canceled credit cards, bad checks, and
the like, do not pay for the same; (k) interest, service, finance or sales carrying charges applicable to
credit transactions; (I) postage, parcel post freight, express or other delivery charges paid in connection
with any mail order sales; (m) layaways until the sale is completed or the deposit abandoned by the
customer provided any forfeited deposits shall be reported as sales; (n) occasional bulk sales of
inventory, including damaged or aged merchandise to commercial customers or jobbers; and (0)
insurance proceeds for damaged furniture, improvements, fixiures, equipment and merchandise.
E. Concessionaire shall deliver to the City on or before the 15th day of each month
following the first day of operations (1) a written report for the prior calendar month period of all
Gross Receipts from concessions for such period in a form reasonably approved by the City, And (2)
payment of the Percentage Fees for such period calculated in accordance with Section IlI.A. above.
If the monthly Percentage Fees payment is not received by the 15th of each month, then the
Concessionaire shall pay a late charge of ten percent (10%) of the applicable month's Percentage
Fees.
T.I~~. q!y. .S.Il.'!H .<?-":.\:I!. fi! I. J5.s.t~~. f~<?4. ~~ry}.c:~. ~911jjJI!).~n.t fs.~~ .~~.h i l* X1-,-\'!!~. .th~. e-'<.~~ptjQI!. .of r.....
& R 700 Smoker. Concessionaire shall be responsibIe for all necessary maintenance. repair and
replacement of equipment listed in Exhibit F for the life of the concession agreement.The range
hood, exhaust and makeup air exchange, and HV AC system (and all equipment in Exhibit C) shall
remain the property of the City and not to be included within the cost of acquisition of the kitchen
equipment and monthly payment. The concessionaire shall provide proof of normal and periodic
maintenance for range hood, exhaust and makeup air exchange, and HV AC system by furnishing
within monthly reports copies of servicing reports and invoices.
G. The Percentage Fees, Leasehold Tax, and Equipment Acquisition Reimbursement
Payment are referred to collectively as the "Concession Fees." All required payments of Concession
Fees and the monthly Gross Receipt reports shall be delivered to the:
Finance Director
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
IV OPERATIONS AND SERVICE
FOSTER GOLF LINKS CLUBHOUSE
Page 3 of 30Modified 01131/07511CV07
CONCESSION AGREEMENT
.' j Deleted: F. Concessionaire shall pay 1
, to the CIty monthly a sum equal to 1/60 !
of the City's total cost for acquisition of I
the kitchen equipment Iiste<l in Exhibit C I
attached hereto and incorporated herein 1
by reference. The City shall furnish
concessionaire with a payment schedule.
(Note: Such paj11lent is sometimes
referred to hereinafter as the "Eauioment
Accuisition Reimbursement Pavrnent")
I Concessionaire shall perform routine
I maintenance and cleaning and all
necessary repair and replacement of the
said equipment during the term of this
agreement at Concessionaire's sole cost
When and if Concessionaire has paid the
monthly Equipment Acquisition
Reimbursement Payment obligation set
forth in this Section III.E, for a period of
five (5) years, the Concessionaire shan
have the right to purchase said Kitchen
I Equipment from the City by paying to the
City SIOO.OO by check. The first
payment by the concessionaire shall be
due 45 days after the date the restaurant
is opw"'Tled for business operations to the
public
A. The Concessionaire shall:
1. Provide the number of personnel (in Concessionaire's sole, reasonable judgment) to
adequately manage and staff the Restaurant portion of the Concession Areas. Personnel
shall include a manager, whose principal employment responsibility shall be the
management of this Restaurant and who shall spend a majority of his/her hours in such
management capacity on site at the Restaurant.
2. Prepare the application and assume responsibility for all costs and expenses of the
application and obtaining of a Class H license issued by the Washington State Liquor
Control Board. Concessionaire shall abide by the rules and regulations of the Liquor
Control Board relative to any such licenses. The City shall cooperate in the application
including, without limitation, executing any reasonable, appropriate documents as
"owner" of the Concession Areas that may be required in conjunction with such
application.
3. Provide complete food services, in compliance with all applicable health and food
service regulations, in and from the Restaurant for a minimum of eight (8) consecutive
hours per day during each day of golf course operations, which include most holidays
and all weekends; provided, that limited food service as reasonably approved by the City
may be provided during the period(s) when remodeling and equipment installation is
taking place. Food service shall not be limited at any other time without prior written
approval of the City. The Concessionaire shall determine which actual hours during
each day the Restaurant shall be open.
4. Keep the areas for which the Concessionaire is responsible under this Agreement open
and use them to transact business with the public daily during hours designated by the
Concessionaire. Holidays the Concession Areas may be closed are Christmas Eve,
Christmas Day, New Year's Day, and Thanksgiving Day. Subject to the approval of the
City, the Concessionaire may, upon posting a written notice to the public of not less than
one week, close the restaurant and lounge for a reasonable period of time for repairs or
remodeling as authorized, for taking inventory, or to accommodate construction by the
City of public improvements.
5. Provide necessary advertising to publicize the Restaurant, Lounge and Banquet Rooms
and establish an advertising program acceptable to and approved by the City's Director
of Parks and Recreation Department or designee. The City shall not unreasonably
withhold its approval of an advertising program proposed by the Concessionaire
provided it is in conformance with applicable laws and regulations, is generally accepted
as advertising practices for similar business operations, and reflects community
standards.
B. The facility shall be smoke free with the exception of outdoor Patio and Covered
Patio areas of the Concession Area.
FOSTER GOLF LINKS CLUBHOUSE
Page 4 of 30Modified 01131/075/1 0107
CONCESSION AGREEMENT
C. The City shall allow the Concessionaire to operate a beverage/snack cart on the golf
course. The cart may serve and sell alcoholic beverages, food items, and sundries.
D. The Concessionaire shall establish all prices for goods and services provided by
Concessionaire in the Concession Areas, subject to the right of the City to periodically review the
price schedules for all food and beverages to ensure competitive pricing with other golf course
concessions.
E. Concessionaire may not subcontract all or any portion of the Restaurant, Lounge or
beverage cart operations.
F. All signs (entry, interior, exterior) and graphics placed upon or affixed to any of the
Concession Areas shall be subject to the prior written approval ofthe City, which approval shall not
be unreasonably withheld, conditioned or delayed. The Concessionaire shall submit detailed plans
and secure any needed permits/approvals for all exterior and interior signs. In all cases, signage shall
be consistent in size, color, lettering and theme to the clubhouse design and regular park signage and
specifications, and in accordance all governmental regulations.
G. With respect to the entry signage, Concessionaire shall pay any costs which exceeds
the S 16,320 amount budgeted by the City for the entry sign.
H. Concessionaire shall use reasonable, good faith efforts to communicate to and
coordinate with golf course management staff all reservations and "private" function activities in the
Concession Areas so as to avoid unreasonable conflicts with golf course events and activities,
particularly when parking limitations exist due to tournaments, demonstrations or other similar
"high use" periods. Concessionaire shall maintain at all times readily accessible, up-to-date
scheduling records associated with the Restaurant and Banquet Rooms.
I. The following shall be excluded from the Concessionaire's operation:
1. Non-food products unless approved by the City;
2. Vending machines unless approved by the City (provided, however, that
Concessionaire shall be allowed to install and maintain one (1) cash machine
in the Concession Areas); and
3. Video games or gambling devices unless approved by the City.
V RELATED RIGHTS
The City shall have the right at any time to establish necessary, reasonable rules and
regulations in the use of the facility, grounds, golf course, and proximate areas provided that the
City shall give thirty (30) days written notice to Concessionaire prior to imposing such rules and
regulation. The rules and regulations may include, but are not limited to, the foJlowing:
FOSTER GOLF LINKS CLUBHOUSE
Page 5 of 30Modified 01f311075110107
CONCESSION AGREEMENT
1. The minimum number of hours that the Restaurant, Lounge, and restrooms are to be open
to the public, provided that in no event shall Concessionaire be required to operate the Restaurant or
Lounge more than eight (8) hours per day.
2. General rules of conduct regarding use of the Restaurant, provided that such rules shall be
consistent with the spirit of this Agreement and the operation of a first-class restaurant operation,
and shall not materially increase Concessionaire's operating costs.
3. The City reserves the right to use the Banquet Rooms for eight (8) events annually, at no
fee to the City for the use of the Banquet Rooms. City shall schedule such Banquet Room events in
writing with Concessionaire not less than thirty (30) days prior to the planned event date, and
scheduling shall be subject to events scheduled by Concessionaire prior to receipt of City's
scheduling notice. City shall be required to use Concessionaire's food and beverage services and
shall pay scheduled prices for any food, beverages or services provided to City during its use of the
Banquet Rooms.
4. The City reserves the right to use the Covered Patio for eight (8) events annually, at no fee
to the City, for the promotion of the men's and women's clubs and course tournament program.
City shall schedule such Covered Patio events in writing with Concessionaire not less than thirty
(30) days prior to the planned event date, and scheduling shall be subject to events scheduled by
Concessionaire prior to receipt of City's scheduling notice. City shall be required to use
Concessionaire's food and beverage services and shall pay scheduled prices for any food, beverages
or services provided to City during its use of the Covered Patio.
5. The City reserves the right to use of the Banquet Area and Covered Patio for impromptu
use if no conflicting events are scheduled with Concessionaire for the use of such areas, provided
that City shall give Concessionaire as much advance notice as possible. City shall be required to
use Concessionaire's food and beverage services and shall pay scheduled prices for any food,
beverages or services provided to City during its use of the Banquet Area or Covered Patio.
City shall retain all rights to make improvements to the Club House building to enhance
access or use. Prior to commencing any such improvements, the City shall give the Concessionaire
not less than thirty (30) days prior written notice of the nature and schedule of such improvements in
order for Concessionaire to review and comment on the proposed improvements. The City shall
review and duly consider the comments of the Concessionaire and other relevant information prior
to making a final decision regarding the completion of the improvements. If these additional
improvements increase the cost of the basic liability policy to the Concessionaire, the City shall
reimburse the Concessionaire for any reasonable additional cost. City shall use best efforts to
minimize disruption, construction-related dust, and to otherwise not interfere with Concessionaire's
operations in the Concession Areas. The City shall not unreasonably interfere with access to the
Premises by Concessionaire, its employees, vendors, and customers.
VI PRICES AND WEIGHTS
FOSTER GOLF LINKS CLUBHOUSE
Page 6 of 30Modified 01l31/07fV1 0107
CONCESSION AGREEMENT
Concessionaire and its employees shall not make or permit any misrepresentation as to kind,
quality, weight or price of food, beverages or merchandise offered for sale, nor refuse to sell the
same, which have been displayed or advertised (except due to unavailability ofthe particular item or
running out of stock).
VII CUSTODIAN AND SECURITY SERVICES
Concessionaire shall, at all times, keep the Concession Areas in a neat, clean, safe and
sanitary condition, and in compliance with all applicable codes. Concessionaire shall keep the glass
of all windows and doors clean and presentable, furnish all cleaning supplies and materials needed
to operate the Concession Areas in a manner prescribed in this Agreement, and provide all necessary
janitorial services to adequately maintain Concession Areas.
VIII UTILITIES
The City and Concessionaire agree to pay for utility charges consistent with Exhibit "E" of
this agreement. Generally, the concessionaire shall pay all charges for water, sewer, electricity,
Metro utility, natural gas, garbage, and security for the following Concession Areas: the Restaurant,
Lounge, Kitchen, mechanical room (for the Concession Areas), storage area, Banquet Rooms, Patio,
Covered Patio, Interior Rest Rooms, and all sewer, water and garbage. The City's utilities shall
include Marketing Office, LobbyfHospitality, hallway to Banquet Rooms, vestibule, pro shop
storage, pro shop, cart storage, exterior rest rooms parking lot, exterior lighting. The Concessionaire
shall install and maintain a private telephone.
IX CAPITAL IMPROVEMENTS
A. Concessionaire shall, prior to commencing formal planning for any facility
alterations, improvements or construction (interior or exterior), submit to the City's Director of
Parks and Recreation a concept proposal paper including preliminary sketches of such work. If
approved by the Director of Parks and Recreation, the Concessionaire may then submit to the City
in writing, formal plans for alterations, improvements, and construction along with a breakdown of
costs for such improvements.
B. All plans submitted are subject to the approval ofthe City prior to commencement of
any alteration, improvements or construction. The City agrees to promptly review said plans, and if
the alterations, improvements, and construction are acceptable, to promptly approve the same, and
the plans as approved shall be attached to an executed copy of this Agreement and incorporated
herein.
C. All work performed shall be done to the satisfaction of the City and shall be carried
out in a manner that minimizes impact upon the use of the golf course by the public. Concessionaire
shall be responsible for obtaining all governmental permits and meeting all code requirements and
shall submit copies of the same to the City or its representative prior to commencing any
construction on the Concession Areas.
FOSTER GOLF LINKS CLUBHOUSE
Page 7 of 30Mo-:lified 01/31/07511 {jI07
CONCESSION AGREEMENT
D. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In the event any
such work is not according to plans as then approved by the City, shall send a Notice of Non-
Compliance to the Concessionaire. In the event the Concessionaire fails to make corrections within
twenty (20) days after the Concessionaire's receipt of such Notice of Non-Compliance, the City may
make whatever corrections necessary to bring such work into compliance with the plans as
approved, and shall charge the Concessionaire for all reasonable costs of such corrective work.
.f.._ _._ . _ Nl _alt~rations, _ill1I'r()v~ll1ent.s,..alld. c:oI1st~cti<?ll.shall.b.ecoII1e the Rroperty()f.the .(:ity_
upon termination or expiration of this Agreement and shall be installed solely at the '--,
Concessionaire's expense unless the City expressly agrees in writing to contribute toward the costs
thereof. Notwithstanding any provision to the contrary contained herein, upon termination of this
Agreement, Concessionaire shall have the right to de-identify the Concession Areas by removing all
brand-identity elements such as proprietary signage, custom lighting, trade fixtures, and personal
property related to the Concessionaire's restaurant brand. In addition, Concessionaire shall have the
right to remove, without limitation, the items listed in Exhibit D hereto.
X MAINTENANCE
A. Concessionaire shall be responsible for all maintenance in the Concession Areas and
shall repair and replace all damage arising out of its use, or the use of its patrons, of the concession
areas, reasonable wear and tear accepted. Maintenance shall include cleaning, refinishing and
painting of the interior of the Concession Areas specifically including the restaurant, lounge,
kitchen, banquet rooms, and interior restrooms and the exterior's covered patio, and patio areas.
B. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, HV AC system (does not include kitchen range
ventilation and exhaust system or the HV AC system serving the Concession Areas), electric power
lighting panels and distribution circuits, plumbing system including plumbing fixtures, provided,
that any damages or repairs which are the result of the Concessionaire's negligent or intentional acts
shall be the responsibility of the Concessionaire. City acknowledges that it is responsible for the
construction and installation of the plumbing system, including the dishwasher drain and any grease
traps. City shall indemnify and hold harmless Concessionaire from any cost or expense associated
with the maintenance, repair, or replacement of the dishwasher drain/plumbing system due to the
City's election to construct the dishwasher drain/plumbing system without a grease trap.
C. The Concessionaire and City shall each have a representative attend meetings as
needed to discuss and resolve any maintenance problems or concerns, The Mayor of Tukwila shall
settle any unresolved problems in a timely and efficient manner within the limits of this Agreement.
T.___ _________________________ ---------------------------------------------------------------------------------------- ---------------- ---"
XI,. .IIA~MW9.lJ~.~lJIJ~:rr\~~E;~ u_____
FOSTER GOLF LINKS CLUBHOUSE
Page 8 of 30Modffied 01131/07511 0107
CONCESSION AGREEMENT
Deleted: E_ Concessionaire shall,
prior to commencement of any
construction work, deposit with City the
amount ofnVENTY.FIVE THOUSAND
AND NOlI 00 DOLLARS ($25,000) (the
"Concessionaire Denosif') in lieu of any
i other payment and performance bond(s)_
City shall deposit the Concessionaire
Deposit in an interest-bearing account.
Provided that Concessionaire has fulfilled
all of its obligations under this
Agreement through L~e Commencement
. Date, City shall reimburse to
~ I Concessionaire the Concessionaire
~ Deposit. together \.\1th interest accrued
',_ I thereon, within fifteen (15) days of the
\[ ~ommencement Date_~
t Deleted: F
r Deleted: XI INSTALLATION OF
-1 EQUIPlIIENT'l
" ~
I A ConcessIonaire shall, at no expense
to the City, Install, on or by the date the
ConcessIOn Areas are open to the public.
the restauranulounge fumlshmgs and
kitchen equipment described on Exhibit
J2. attached hereto and incorporated by
reference. All such equipment shall
remain the property of the Concessionaire
under the conditions and provisions of
this Agreernenl ~
.. - { Deleted: I
A. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or
dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or
local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to
environmental protection, contamination, or cleanup (collectively, "Environmental Laws").
B. Concessionaire shall keep upon the Concession Areas, in a location accessible to
City, on request during normal business hours, copies of all reports regarding hazardous or toxic
materials in the Concession Areas that Concessionaire has provided to any governmental agency in
the previous quarter. Concessionaire shall, upon request and at Concessionaire's expense, provide
City with a copy of any such report as to which City requests a copy. In the event of any accident,
spill, or other incident involving hazardous or toxic matter that Concessionaire is required to report
to any governmental agency, Concessionaire shall immediately report the same to the City and
supply City with all information and reports with respect to the same, together with
Concessionaire's clean-up or remediation plan and schedule. If such clean-up or remediation plan is
not acceptable to City in City's sole discretion, City may so notify Concessionaire and, upon 48
hours prior written notice (or without notice if so required by an emergency) may enter on the
Concession Areas to conduct the cleanup or remediation and charge Concessionaire the costs
thereof. All information described herein shall be provided to City regardless of any claim by
Concessionaire that it is confidential or privileged, provided that the City shall not publish or
disclose the information to any third party except as pursuant to Chapter 42.17 RCW.
C. Indemnification: Concessionaire agrees to hold harmless, protect, indemnify, and
defend City from and against any damage, loss, claim, or liability, INCLUDING reasonable
attorney's fees and costs, resulting from Concessionaire's use, disposal, transportation, generation,
and/or sale of any Hazardous Substances. The City agrees to hold harmless, protect, indemnify, and
defend Concessionaire from and against any damage, loss, claim, or liability, including attorney's
fees and costs, resulting from (a) Hazardous Substances existing on the Concession Areas as of the
date of execution of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or
generated on the Concession Areas by the City; or (c) Hazardous Substances used, disposed of, or
generated on the Concession Areas by any third party unrelated to Concessionaire. These
indemnities will survive the termination of this Agreement, whether by expiration of the Term or
otherwise.
D. Risk of Loss: All personal property of any kind or description whatsoever in the
Concession Areas shall be at the Concessionaire's sole risk, and City shall not be liable for any
damage done to, or loss of, such personal property. However, Concessionaire is not responsible for
losses or claims of stolen property during those periods of exclusive use of these areas by the city or
its employees.
XII, l:'IH~MIl\' A JI QJ'.r ___ ~ __ ___
A. The parties may terminate this Agreement at any time by mutual execution of such
written termination agreement as may be negotiated between the parties.
FOSTER GOLF LINKS CLUBHOUSE
Page 9 of 30Modified 01/311075'10/07
CONCESSION AGREEMENT
_---~{ Deleted: I
B. The City may terminate this Agreement and take immediate possession of the
Concession Areas in the event that the Concessionaire shall have failed to perform any of the
covenants or conditions of this Agreement and such default or deficiency in performance was not
remedied by the Concessionaire within thirty (30) days after receiving notice in writing stating with
reasonable specificity the nature of the default or deficiency and the City's intention to terminate if
not corrected; provided, however, that in the event of a default or deficiency that is of a nature
requiring more than 30 days to remedy, Concessionaire shall not be in default so long as
Concessionaire undertakes to remedy the default or deficiency within the 30-day period and
thereafter diligently pursues completion of the remedy.
This paragraph shall not apply where the Concessionaire's failure to perform in a timely manner
was caused by the Concessionaire's inability to secure necessary governmental permits, excluding
licenses from the Washington State Liquor Control Board. The Concessionaire may terminate this
Concession Agreement in the event it is unable to secure the governmental permits necessary to the
use of the Concession Areas proposed herein.
C. In addition, the City may terminate this Agreement and take immediate possession of
the Concession Areas in the event that the Concessionaire shall have been convicted of committing
or engaging in any illegal activity as a part of the concession operations, including the willful failure
to pay all taxes and required fees.
D. In the event that after termination, as provided herein, Concessionaire has not
removed its property and fixtures within the time allowed, the City may, but need not, remove said
personal property and hold it for the owners thereof, or place the same in storage, all at the expense
and risk of the owners thereof, and Concessionaire shall reimburse the City for any expense incurred
by the City in connection with such removal and storage. The City shall have the right to sell such
stored property, without notice to Concessionaire, after it has been stored for a period of thirty (30)
days or more. The proceeds of such sale shall be applied first to the cost of such sale, second to the
payment of the charges for storage, and the third to the payment of any other amounts which may
then be due from Concessionaire to the City, and the balance, if any, shall be paid to the
Concessionaire. Notwithstanding any provision to the contrary contained herein, City's and
Concessionaires rights under this paragraph shall be subject to the applicable laws of the State of
Washington.
E. Upon expiration of the term of this Agreement, Concessionaire shall remove all it
goods, wares and merchandise from the Concession Areas and shall remove any equipment or
fixtures placed therein by Concessionaire pursuant to the terms of any written Agreement providing
for removal by the Concessionaire upon expiration. The Concessionaire shall have twenty (20) days
to complete removal of such property from the Concession Areas. The Concessionaire shall restore
any areas damaged by the installation of fixtures or equipment to the condition of the area before
installation occurred, reasonable wear and tear excepted. No fixtures or improvements or additions
to the Concession Areas shall be removed unless previously agreed in this Agreement or a separate
writing signed by both parties. The City may, but need not, treat any property remaining upon the
Concession Areas after expiration of this Agreement or period for removal of Concessionaire's
FOSTER GOLF LINKS CLUBHOUSEt
Page 10 of 30Mcxfified 01/31/07fllfY07
CONCESSION AGREEMENT
property as abandoned by Concessionaire, and may make any disposition of such property as the
City deems fit.
F. Upon termination or expiration of this Agreement, the Concessionaire shall surrender
the Concession Areas to the City in as good condition as at the date of execution of this Agreement,
except for the effects of reasonable wear and tear, alterations and repairs made with the concurrence
of the City, and property damage caused by risks insured against under fire, extended coverage and
vandalism insurance in current practice.
XI!!.~I;\NI)AItf)_~ QF._C:()]~l)JJ<::T_u
_----1 Deleted: V
A. Concessionaire recognizes that, although it is operating the concession facilities as an
independent operator for profit, the City's Department of Parks and Recreation is organized and
exists for the purpose of maintaining park and recreation facilities for the use and enjoyment of the
general public. The Concessionaire and its employees will devote their best efforts toward
rendering courteous service to the public as though Concessionaire and its employees were
employees of the City, with a view of adding to the enjoyment of the patrons of this recreational
facility.
B. Concessionaire shall operate and conduct the concessions in the Concession Areas in
a business like manner, and will not permit any acts or conduct on the part of the Concessionaire's
employees that would be detrimental to the City's image and operation of the golf course.
C. Concessionaire shall at all times provide sufficient personnel to adequately staff the
Concession Areas. All personnel shall be dressed in neat appearing attire, which shall include a
standard uniform and shirt logo for Concessionaire personnel that shall uniquely identify a
Concessionaire's employee but which shall not in any way infer association with or depict
representation of the City.
XIV COMPLIAi'lCE WITH LAWS
The Concessionaire, its officers, employees, and agents shall comply with applicable federal,
state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its
obligations under this Agreement. Such compliance shall include abiding by all applicable federal,
state and local policies to ensure equal employment opportunity based on ability and fitness to all
persons regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. The
Concessionaire shall comply with applicable laws, standards, and regulations pertaining to
employment practices and employee treatment. Conditions of the Federal Occupational Safety and
Health Act of 1970 (OSHA), and the Washington Industrial Safety and Health Act of 1973
(WISHA). Concessionaire agrees to indemnify and hold harmless the City from all damages
assessed for the Concessionaire's failure to comply with the Acts and Standards issued thereunder.
The Concessionaire is also responsible for meeting all pertinent local, state and federal health and
environmental regulations and standards applying to any operation in the performance of this
Agreement.
FOSTER GOLF LJ1'..'KS CLUBHOUSE
Page 11 of 30Modified 01l31/07!'11CW7
CONCESSION AGREEMENT
XV ACCESS TO BOOKS AND RECORDS /-{ Deleted: I
't._____________________________________________________-------------------------------------------
A. The City or its agents shall have the right to examine and inspect the books and
records of the Concessionaire for the purpose of validating Gross Receipts reports. If
Concessionaire conducts business operations at a location outside the Concession Areas,
Concessionaire shall adopt an accounting system to accurately reflect the Gross Receipts and
expenses derived from the Concession Areas to include beverage/snack cart sales. Concessionaire
shall record all Restaurant sales using systems which electronically and/or digitally record and
identify the dates of sales and the types and amounts of each transaction (so-called "point of sale" or
"pas" systems). The electronic and/or digital pas system data files from the restaurant and lounge
areas may be required to be turned in to the City and are also subject to annual on-site inspections.
All electronic and/or digital pas system data files are to be maintained for two (2) years.
B. The Concessionaire shall provide to the City within one hundred five (105) days of
the end of a calendar year, a copy of its State B&O Tax Report for the previous year. No certified
copy of an annual report shall be required. The City shall not pay the Concessionaire for
preparation of any of the financial records or State B&O Tax Report that wiII be provided to the
City.
XVI.J~ffQTQQR1~J)_~~_m_mm_muuum__mmum_uuum__u_- - --{ Deleted: I
Either party shall have the right without liability to the other to make photographs or motion
pictures of the facilities, grounds, golf course, and proximate spaces, activity therein, and/or displays
or exhibits.
XVII. A])DRESS~SF'Q:RuNOTICES___
____-----1 Deleted: I
Except for payments and Gross Receipt reports as directed by Article III.E. above, any notice
required or permitted hereunder must be in writing and wiII be effective upon the earlier of personal
delivery or three days after being mailed by certified mail, return receipt requested, addressed to
CONCESSIONAIRE or to CITY at the address for that party designated herein. Either party may
specify a different address for notice purposes by written notice to the other. All notices shall be
delivered to the following addresses:
To the City at the following address:
Office of the Mayor
Tukwila City Hall
6200 South center Boulevard
Tukwila, W A 98188
And to the Concessionaire at the following address:
Gordon Harris, President
Gordy's Steak & BBQ Smokehouse
FOSTER GOLF LINKS CLUBHOUSE
Page 12 of 30Modified 01I31f07511(Y()7
CONCESSION AGREEMENT
14303 436th Avenue SE
North Bend, W A 98045
With a copy to:
Jonathan Pearlstein, Esq.
1130 SW 12th Street
North Bend, W A 98045
XVIIl1\~~IGNIVIEl'H 9F'AGItE.EM;E~T.
...-.j Deleted: IX
-.-J
The City and Concessionaire each agree to be bound to the other party in respect to all
covenants, agreements, and obligations contained in this contract. Neither party shall assign the
contract in part or as a whole, without the written consent of the other, which consent shall not be
unreasonably withheld, conditioned or delayed. The Concessionaire shall not subcontract any of the
Concession Areas, services, facilities, or equipment, or delegate any of its duties under this
Agreement without the prior written approval of the City, which approval shall not be unreasonably
withheld, conditioned or delayed.
XIX EQUALITY OF TREATMENT
A. Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard to race, color,
religion, sex, age, or national origin. No person shall be refused service, be given discriminatory
treatment, or be denied any privilege, use of facilities or participation in activities on the Concession
Areas on account ofrace, color, religion, sex, age or national origin.
B. Concessionaire shall not discriminate in employment on the basis of race, color,
national origin, sex, religion, age, marital status, or disability, except for employment actions based
on bona fide occupational qualification.
xx..~A~~IY.IQ.Q~J~~~1QPIml~gf--GQ.N~~.S~I.Q~.-,~:MA~.--. __.m.m......------f Deleted: J
....j Deleted: AU
The parties agree that the primary use of the premises is the operation of a golf course.
Secondary to that use is the concession that is the subject to this Agreement. The parties recognize
that some one or more of these uses may be interfered with or prevented because of fire, earthquake,
flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty.
A. Material Damage. If the Concession Areas are damaged or destroyed by fire
or any casualty which cannot, despite diligent, good faith efforts be repaired or restored within two
hundred seventy (270) days following the date on which such damage occurs, then Concessionaire
may elect to terminate the Agreement effective as ofthe date of such damage or destruction. Within
thirty (30) days after the date of such damage, the parties shall determine how long the repair and
restoration wiII take. After that determination has been made, Concessionaire shall have a period of
thirty (30) days to terminate the Agreement by giving written notice to City.
FOSTER GOLF LINKS CLUBHOUSE
Page 13 of 30Modified 01131107!i'lQ!07
CONCESSION AGREEMENT
B. Repair After Damage. If Concessionaire does not give notice of
Concessionaire's election to terminate as provided in Section XXI.A. above, then City shall, subject
to the provisions of this Section, immediately commence and diligently pursue to completion the
repair of such damage so that the Concession Areas and the Golf Course Property are restored to a
condition of similar quality, character and utility for Concessionaire's purposes, including
restoration of all items described on Exhibit Band Exhibit C existing in the Concession Areas prior
to such damage. Notwithstanding anything contained herein to the contrary, if the Concession
Areas or the Golf Course property is not repaired and restored within one hundred eighty (180) days
from the date of the damage, Concessionaire may cancel the Agreement at any time before City
completes the repairs and delivers the restored Concession Areas to Concessionaire. If
Concessionaire does not so terminate, City shall continue to restore the Concession Areas.
C. Uninsured Damage. If damage or destruction is caused by a peril not required
to be insured against hereunder and for which insurance proceeds are not available, either City or
Concessionaire may terminate this Agreement by thirty (30) days written notice to the other of its
election so to do and the Agreement shall be deemed to have terminated as of such date unless the
other party agrees in writing to pay for such repairs or restoration.
XXI.J~QJ:J_~~~_SJ~R_~N~llJY1JmAN~J~~~________h__n___n-n________-nnnn _- - - { Deleted: I
It is mutually understood and agreed that the Concessionaire shaIl have no authority, express
or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in
any manner to bind, the interest of the City in the Concession Areas or to charge the rentals payable
hereunder for any claim in favor of any person dealing with Concessionaire, including those who
may furnish materials or perform labor for any construction or repairs, and each such claim shaIl
affect and each such lien shaIl attach to, if at all, only the right and interest granted to
Concessionaire by this Agreement. If any such liens are filed, City may, without waiving its rights
and remedies for breach, and without releasing Concessionaire from its obligations hereunder,
require Concessionaire to post security in form and amount reasonably satisfactory to City or cause
such liens to be released by any means City deems proper, including payment in satisfaction of the
claim giving rise to the lien. Concessionaire shall pay to City upon demand any sum paid by City to
remove the liens. Further, Concessionaire agrees that it will save and hold the City harmless from
any and all loss, cost, or expenses based on or arising out ofthe asserted claims or liens, against this
Agreement or against the right, title, and interest of the City in the Concession Areas or under the
terms of this Agreement, including reasonable attorney's fees and costs incurred by City in
removing such liens, and in enforcing this paragraph. AdditionaIly, it is mutuaIly understood and
agreed that this paragraph is intended to be a continuing provision applicable to future repairs and
improvements after the initial construction phase.
XXI~ J~SYRA_N~E_ _ _____
_---of Deleted: I
A. Fire. Earthquake. & Casualty Insurance: The Concessionaire agrees that, at all times
during the fuIl term of this Agreement and at its own expense, Concessionaire shall, at its sole cost
and expense, maintain in fuIl force and effect adequate fire, earthquake, and other casualty coverage
FOSTER GOLF LINKS CLUBHOUSE
Page 14 of 30Modified 01131/075110107
CONCESSION AGREEMENT
covering the Concession Areas and its contents, including all personal property, fixtures,
improvements. Such policy shall include a replacement cost endorsement. Concessionaire wiIl, prior
to commencing installations of their supplied equipment at the worksite and before business
operations commence, shall obtain and file with the City's Risk Manager a Certificate of Insurance
evidencing such coverage. All such insurance coverage shall include a thirty-(30) day cancellation
notice to Concessionaire and the City. Adequacy of coverage is defined as insurance sufficient to
restore the Concession Areas to its pre-casualty condition.
B. Liability Insurance: Not less than thirty (30) days prior to the date of
Concessionaire's entry onto the Concession Areas, Concessionaire, at its own expense shall obtain
and file with the City's Risk Manager a Certificate of Insurance evidencing commercial general
liability insurance coverage ("CGL") providing coverage of at least $1,000,000 per occurrence for
bodily injury and $500,000 per occurrence for property damage. This Certificate of Insurance shall
be subject to approval by the City's Risk Manager as to company, terms and coverage, and said
approval shall not be unreasonably withheld. The CGL shall name the City as an additional insured
and must fully protect the City from any and all claims and risks and losses in connection with any
activities or omissions by the Concessionaire by virtue of this Agreement. The CGL policy shall
remain in full force and effect at the Concessionaire's sole expense for liability for property damage
or personal injury that may occur in connection with activities or omissions by the Concessionaire
or its patrons, and provide coverage for the full term of this Agreement. Concessionaire shall insure
that the City's Risk Manager is given thirty (30) calendar days prior written notice, by certified mail,
of any cancellation, lapse, reduction or modification of such insurance. Concessionaire shall have
the right to maintain a deductible level of up to $5,000.00.
C. Release and Waiver of Subrogation: Any policy of insurance carried by either City or
Concessionaire pursuant to any obligation under this Agreement, shall, to the extent available,
contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to
damages to adjacent property. Notwithstanding any other provision of this Agreement, neither City
nor Concessionaire shall be liable to the other party or to any insurance company (by subrogation or
otherwise) insuring the other party for any loss or damage to any building, structure or tangible
personal property of the other occurring in or about the Concession Areas, even though such loss or
damage might have been occasioned by the negligence of such party, its agents or employees, if
such loss or damage is covered by insurance issued by an insurance carrier authorized or licensed by
the Insurance Commissioner of the State of Washington to issue lines of insurance, benefiting the
party suffering such loss or damage or was required under the terms of this Agreement to be covered
by insurance by the party covering the loss.
XXI!!. "-()J":..I> "ff~llMq~;~~,JNI?E:MNn<'IGA IIQ~,_ ~_~NP U~IWi\I,dl\'~lJM]\TC:~- _ ___ _.- -. { Deleted: V
A. Hold Harmless & Indemnification: Each party hereto agrees to be responsible and
assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents,
or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or
hold the other party harmless against all liability, loss, damages, and expenses, including costs and
attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in
whole or in part, out of or in consequence of the acts or failures to act of the other party, its
FOSTER GOLF LINKS CLUBHOUSE
Page 15 of 30Modified 011311075/W07
CONCESSION AGREElv!ENT
employees, its subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of both the City and the Concessionaire,
any damages allowed shall be levied in proportion to the percentage of negligence attributable to
each party, and each party shall have the right to seek contribution from the other party in proportion
to the percentage of negligence attributable to the other party.
B. Industrial Insurance: The parties have specifically negotiated Concessionaire's
waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of
Concessionaire's indemnification and hold harmless of the City, including the duty to
defend. This provision shall be inapplicable to the extent such action, claim, or
lawsuit is judicially found to arise solely from the acts or failures to act of the City.
XXIV RELATIONSHIP OF PARTIES
A. Concessionaire Independent Contractor Status: The parties intend that an
independent contractor relationship shall be created by this Agreement. Nothing contained herein
shall create the relationship of principal and agent or of partnership or of joint venture between the
parties hereto, and neither the method of computation of consideration nor any other provision
contained herein shall be deemed to create any relationship between the parties hereto other than the
relationship of City as granting a concession to the Concessionaire. Concessionaire has the
experience, ability, and resources to develop and operate restaurant facility and is performing
independent functions and responsibilities within its field of expertise. Concessionaire and its
personnel are independent contractors and not employees of the City. No agent, employee, servant,
or representative of the Concessionaire shall be deemed to be an employee, agent, servant or
representative of the City. Concessionaire and its personnel have no authority to bind the City or to
control the City's employees. As an independent contractor, Concessionaire is responsible for its
own management. The City's administration and enforcement of this Agreement shall not be
deemed an exercise of managerial control over Concessionaire or its personnel.
B. No Third Party Rights Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right to any other party.
C. No Joint VenturelPartnership: It is mutually understood and agreed that no joint
venture or partnership formed as a result of this Agreement.
xxv,ur~~-MJI~~ qc::~N~~~LIAX~~.A~P .F'~;ES..
........{ Deleted: I
A. The Concessionaire shall obtain and at all times maintain a current Tukwila Business
License and shall obtain all liquor, health, and all other regulatory licenses and permits as may be
required or become necessary, including all construction and building permits, necessary to fulfill
Concessionaire's obligations under this Agreement at Concessionaire's sole expense. Each party
agrees to execute such additional or other documents as may be required to fully implement the
intent of this Agreement.
FOSTER GOLF LINKS CLUBHOUSE
Page 16 of 30Modified 01131/075110107
CONCESSION AGREEMENT
B. As an independent contractor, the Concessionaire shall be solely responsible for all
taxes, fees and charges incurred, including but not limited to license fees, business and occupation
taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and
local taxes and fees, including income taxes, leaseholder taxes, permit fees, operating fees,
surcharges of any kind that apply to any and all persons, facilities, property, income, equipment,
materials, supplies or activities related to the Concessionaire's obligations under this Agreement.
CONCESSION AGREEMENT
XXVI, WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective unless in
writing, specifying such waiver, executed by the party against whom such waiver is sought to be
enforced. Waiver of any right or power arising out of this Agreement shall riot be deemed waiver of
any other right or power.
XXVII, ADVERTISING
Concessionaire shall submit for the City's approval, not to be unreasonably withheld, all
advertisements for commercial vendors related to the concession operation.
XXVIII, REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the actual
damages suffered by the City may be difficult to calculate and, in the event of the abandonment of
the premises by Concessionaire or entry by the City because of breach or default by Concessionaire,
Concessionaire shall pay at the City's option to the City 11365` per day of prior year's concession
fee as liquidated damages until the City has obtained a new Concessionaire satisfactory to the City.
For 2004, the rate would be at a pro -rated daily amount. Such liquidated damages, if elected by the
City, shall be in lieu of any other remedy provided by law.
XXIX COSTS ATTORNEY'S FEES
In any action brought to enforce any provision of this Agreement, including actions to
recover sums due or for the breach of any covenant or condition of this Agreement, or for the
restitution of the Concession Areas to the City or eviction of the Concessionaire during the term or
after expiration thereof, the substantially prevailing party shall be entitled to recover from the other
party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants,
appraisers, and other professionals, at trial or on appeal, and without resort to suit.
XXX ARTICLE HEADINGS, GENDER, NUMBER
Article paragraph headings are not to be construed as binding provisions of this concession;
they are for the convenience of the parties only. The masculine, feminine, singular and plural of any
word or words shall be deemed to include and refer to the gender and number appropriate in the
context.
1 FOSTER GOLF LINKS CLUBHOUSE Page 17 of 30.Modified 01/31/075'10'07
j Deleted:I
j Deleted: I
Deleted: IX
j Deleted: I
XXXI, ENTIRE AGREEMENT
This Agreement and its Exhibits constitutes the entire agreement between the parties, and
the Parties acknowledge that there are no other agreements, written or oral, that have not been set
forth in the text of this Agreement.
CONCESSION AGREEMENT
XXXII CHOICE OF LAW VENUE 1 Deleted: I
This Agreement shall be interpreted according to the laws of the State of Washington. Any
judicial action to resolve disputes arising out of this Agreement shall be brought in King County
Superior Court.
XXXIIIL MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
XXXV ILLEGAL PROVISIONS SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, the balance of
the Agreement shall remain in full force and effect.
XXXVI COUNTERPARTS
This Agreement may be executed simultaneously in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
XXXVII RECORDING
Upon the execution of this Agreement the City will cause this Agreement to be recorded
with the land use records of King County, Washington.
(Signatures appear on the following page)
FOSTER GOLF LINKS CLUBHOUSE Page 18 of 30Modfied 01131/07510/07
Deleted: 1
Deleted: V
IN WITNESS WHEREOF, this Agreement has been entered into between the City of
Tukwila and Gordy's of Tukwila, Inc., as of the day of 200j. 1 Deleted: 3
CONCESSIONAIRE
GORDY'S OF TUKWILA, INC.
a Washington corporation
By:
CITY OF TUKWILA
a Washington municipal corporation
By:
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
Gordon Harris, President
Steven M. Mullet, Mayor
LIST OF EXHIBITS
Exhibit A Architectural Floor Plan with Numerical Identification of Rooms/Spaces
Exhibit B Legal Description of Foster Golf Course Property
Exhibit C Provided by the City in Concessionaire's Interests
Exhibit D Provided by the Concessionaire
Exhibit E Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance, and Custodial Costs
FOSTER GOLF LINKS CLUBHOUSE Page 19 of 301lodified 01/31/075/10
CONCESSION AGREEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that STEVEN M. MULLET is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath stated
that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY
OF TUKWILA to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
I Given under my hand and official seal this day of 2007, --j Deleted: 3
STATE OF WASHINGTON
ss.
COUNTY OF KING
Type/Print Name
Notary Public in and for the
State of Washington residing at
My Commission expires
1 On this day of 2007,, before mepersonallyappeared Gordon Harris, to
me known to be the President of Gordy's of Tukwila, Inc., a Washington corporation, that executed
the within and 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 he was authorized to execute and in fact executed said instrument on behalf of the
corporation.
Deleted: 3
Given under my hand and official seal this day of 2007 --j Deleted: 3
CONCESSION AGREEMENT
Type/Print Name
Notary Public in and for the
State of Washington residing at
My Commission expires
FOSTER GOLF LINKS CLUBHOUSE Page 20 of 30ModII6ed 01/31/075/10/07
EXHIBIT" A"
Architectural Floor Plan with Numerical Identification of Rooms/Spaces
FOSTER GOLF LINKS CLUBHOUSE
Page 21 of 30Modified 01/31/07511007
CONCESSION AGREEMENT
->
Foster Golf Course Clubhouse
Floor Plan
Finish Wall Plan
EXHIBIT "B"
Legal Description of Property
King County Parcel Account Number 000300004900 Record Number 01
Legal Description:
0049 FOSTER STEPHEN - DC #38 POROF DC LYNELY OFPS E RY RJ\V& l\TELY ELY &
SEL Y OF FOLG
DESC LN - BEG AT NXN OF EL Y LN OF PS E RY R/W & NL Y MGN OF FOSTER ST PROD
ELY THN 49-11-08 E 51.59 FT ill
S 75-02-50 E TO CIL OF FOSTER ST PROD EL Y ill NEL Y ALG SDCIL TO BANK OF
GREEN RIVER
FOSTER GOLF LINKS CLUBHOUSE
Page 22 of 30Modified 01/31/07[:11007
CONCESSION AGREEMENT
EXHIBIT "C"
Provided by the City in the Concessionaire's Interests
Bolded = As specified within the project's construction documents, required by the city
pursuant to its construction contract with Wade-Perrow Construction, LLC., General
Contractor.
I. Value of entire project 4-phased scope, including but not limited to: staff and legal time
and resources; architect; facility engineering; utility coordination; permits and bidding;
contracting; siting, site preparation; coordination with contractor and construction
administration required by project documents in concessionaire's areas of use;
2. Project management/administrative services provided by the owner's representative
during construction; including the procurement of certain restaurant equipment specified
and contained within Volume 2 ofthe project manual.
3. Restaurant wood base molding, door, and window casings.
4. Epoxy kitchen flooring.
5. Carpeting.
6. Finished ceilings and soffits
7. Interior paint and wainscot finishes
8. One air curtain at kitchen door
9. Building security and fire alarm hardware systems (security not exceeding $8704 owners
allowance, with consultation)
10. Power, phone, and data infrastructure
11. Standard electrical type j boxes for future connections of music system by others
12. Restaurant booth stubout walls
13. Restaurant exterior walk up service counter
14. Patio and patio lighting
15. Ducts and fans for connection to three concessionaire supplied and installed kitchen
hoods
16. Raised floor for booths
17. Raised floor for breakfast bar
18. Underslab soda sleeves
19. Underslab plumbing
20. Slab floor sinks and drains
21. Backing for restaurant shelving
22. HV AC system and controls for kitchen, restaurant, lounge, (and all other
concessionaire use or joint use areas)
23. Kitchen make up air supply
24. Kitchen ductwork
FOSTER GOLF LINKS CLUBHOUSE
Page 23 of 30Mrxfiiiad 011311075110107
CONCESSION AGREEMENT
Co ~ ~-~ I
(Exhibit He" continued)
25. Roof penetrations and venting, kitchen, restaurant, lounge and all other
26. Smoker slab, shed roof, and installation connections
27. Meeting room data wiring and floorbox connection
28. Meeting room divider/operable partition
29. AIl water routing and piping
30. General exterior building, grounds, parking lot, and landscape maintenance
31. Shared use benefit of "joint use areas".
32. Exterior signage as budgeted by owner not to exceed $16,320
33. General overhead lighting fixtures in restaurant and in all other concessionaire
and joint use spaces;
34. Interior and exterior facility artwork, motif, and decor accessories procured by owner to
the extent provided in areas exclusive of the concessionaire's spaces.
35. Lobby furniture as selected and procured by owner;
36. Grease trap as required for compliance to city code
END
FOSTER GOLF LTh'KS CLUBHOUSE
Page 24 of 30Modified 01131/075/1007
CONCESSION AGREEMENT
EXHIBIT "D"
Provided by the Concessionaire
I...
.OJ
1. COSTS OF KITCHEN EQUIPMENT AND INFRASTRUCTURE: Those costs described below
are known and referred to by the parties as kitchen equipment and infrastructure. Capital investment
costs associated with kitchen equipment and infrastructure are of immediate value to the
concessionaire. Though the initial outlay is provided by the city to the concessionaire, the terms
borne within this agreement result in their costs eventually paid by the concessionaire. In no case
will the capital investment by the city in the concessionaire's interests exceed $350,000. The
kitchen equipment purchased/supplied by the city represents the majority of the restaurant's
equipment. In the event that the city's costs in procuring and supplying kitchen equipment and
infrastructure are less than $350,000 the concessionaire may offer the city evidence of kitchen
equipment purchased privately related to this project. All or part of those amounts less than
$350,000, may in negotiation with the concessionaire, be applied against this agreement's
repayment terms and conditions or applied against leaseholder balances the concessionaire assumes.
These terms and conditions must be agreed to once city costs are known, and will require an
addendum to this agreement that must be executed not later than April I, 2004, unless that date is
extended by the city.
a. KITCHEN EQUIPMENT: That equipment specified within Volume 2 of the project manual but
excluding the "Smoker" and POS (point of Sale) system that will be purchased directly by
concessionaire. All other equipment contained in Volume 2 is to be procured by the city in the
concessionaire's interest consistent with the terms ofthis agreement.
b. CONCESSIONAIRE SPACES INFRASTRUCTURE: Included WITHIN the total $350,000
capital investment provided by the city, the following items and their costs are also attributable to
the concessionaire's interests. These costs may be paid by the concessionaire or applied against the
$350,000 balance.
Item Title Includes Tax
Electrical: Fina] placement of and electrical connections for restaurant $22,500
equipment specified by the concessionaire and procured by the owner in his behalf
that require hard wire electrical connections.
Fireplace: Owner's provisions within the construction project for contractor $]3,556
procurement & installation of restaurant fireplace.
Plumbing: Owner's provisions within the construction project for plumbing $28,250
systems to the restaurant and connections of equipment within the construction
project or procured by the owner in concessionaire's behalf.
TOTAL: $64,306
FOSTER GOLF LINKS CLUBHOUSE
Page 25 of 30Modified 01/31107511G'07
CONCESSION AGREEMENT
(Exhibit "D" continued)
The amounts contained in the above table represent the owner/architect's good faith estimate of costs
incurred attributable to this infrastructure and are hereby fixed.
2. INTERIOR DESIGN SERVICES & ENGINEERING COSTS
a. To achieve interior design coordination in joint use of the facility, the city has contracted for
interior design services through the project architect in the concessionaire's interests. An amount
not to exceed $15,000 has been established by the concessionaire as his limit for interior design
services. The city will, after processing payment applications for architectural services, "re-
invoice'" the concessionaire for those services provided.
b. Design engineering costs have been incurred by the city involving restaurant equipment
mechanical, electrical, and plumbing requirements, loads, methods, and installations. Those
requirements have been bid and incorporated within the project's plans and specifications. They
have been billed by the architect to the city in the amount of$3600.
Costs relating to 2A & 2B will be paid directly by the concessionaire upon city invoicing.
3. Additive change order costs incurred by the City relating to restaurant equipment that
are a result of equipment substitutions, alterations, or changes when approved by the
concessionaire; when such changes result in differing connection or design
requirements from that equipment procured by the city in the concessionaire's
interests contained in Volume 2 of the project manual.
4. Wood Smoker (J & R Oiler 700 and components)
5. All cabinetry in restaurant, kitchen, and bar
6. lounge bar and backbar
7. interior and exterior service stations
8. booths & seating
9. breakfast bar
10. double acting doors for 104B,C,D;
11. music system
12. CCTV system
13. Satellite video system
14. restaurant point-of-sale system, other computers and peripherals
15. restaurant, banquet, banquet room phones & phone related components
16. specialty booth/wall lighting
17. interior signage (matching), as agreed to and paid for in part by owner (costs itemized
per sign & apportioned)
18. audio system & speakers, PA system in meeting room and/or other concessionaire
areas
19. refrigeration and condensation lines
20. sheet stainless and/or other metal surfacings, backboards, etc.
21. beverage service lines
22. shelving
23. office related hardware, furniture, furnishings and supplies
FOSTER GOLF LINKS CLUBHOUSE
Page 26 of 30Modified 01131/07t'110/07
CONCESSION AGREEMENT
(Exhibit "D" continued)
24. any and all other cook, dish, food service wares and utensils, tables, chairs, linens
required to provide restaurant services
25. outdoor patio seating and furnishings
26. televisions and other restaurant media to the concessionaires preference;
27. all health, business, and food service compliance permits obtained and maintained
28. installationlhanging of outdoor cooler & freezer box compressors
29. All other FF&E not included as within the city's scope but required for a complete
and operating restaurant facility.
30. installation of Food Service Equipment not requiring hard-wired electrical or
plumbing connections
END
FOSTER GOLF LINKS CLUBHOUSE
Page 27 of 30MlXlified 01131/075110107
CONCESSION AGREEMENT
EXHIBIT "E"
Rights in Use and Control of Facility Spaces with Apportioning of Utility, Maintenance, and Custodial Costs
The city and concessionaire have agreed that joint operations of the facility require 1) that rights and responsibilities for
the use and control of spaces be established, and 2) that operating costs respective to those spaces which require 3)
utilities, 4) necessary maintenance and repair, and 4) custodial services be delineated. The following table depicts these
responsibilities:
Room
100
0
102
103
104
108
110
111:
112
'11.3
114
11.5,
116
1
119
120
122
124
.125
126
Roon/Space Name,'''
Pro Shop
Hospitality,
Restaurant
Loux ge
Kitchen
Meeting Room B,(Banquet)
Meeting Room A (Banquet)
Meeting Hall',way Corridor
Restroom Hallway Corridor
Mcchanical
Storage (Meeting Rooms)
Women's Restroom
Men's Restroom
Electrical Data Room
Vestibule Front/Main Entry
RR Sprinkler Riser Room j
S„
Concessionaire Office
Storage Golf Retail
Lobby
Instruction Area
Men's Restroom Exterior
City
Joint Use
Concessionaire
Concessionaire
Concessionaire
oncessionaire
Concessionaire
c oncessionaire
Concessionaire
Joint Use
Concessionaire
Joint'Use
Joint Use
Joint Use
Joint Use
Joint Use
Concessionaire
City,'';
Joint Use
City
City
Utility
City
City
Concessionaire
Conc essni.
Conc essionaire
i i 9 0 C
Concessionaire
Ci ty
Ci ty
C
Conce
Conccssir
Concessionaire onaie`
Concessionaire
City
City
City
City
City
City
City
3 Maintenance
City
City
Concessionaire
oncessxonaire
Concessionaire
Concessionaire
Concessionaire
C 4nc e ssaonai.re
Concessionaire
City
Concessionaire
C oncessionaire
Concessionaire
C oncessro naire
City
City
Concessionaire
City
City
City
City
4 Custodial
City
ty
Concessionaire
Concessionaire
Concessionaire
Concessionaire,
Concessionaire
Concessionaire
Concessionaire
Not Regttire
Concessionaire
Concessionaire
Concessionaire
Con
Concessionaire
City
Concessionaire
City
Concessionaire
City
City
Roonz /Space Name 1— Right
Room
127 Restroom Exterior City i City City
128 Office (Pro -Shop) City City City
129 Patio, West Covered g!' i Joint Use City
ed Dmin Concessionaire
130 Patio, East Covered Dining Concessionaire Joint Use City
130A Patio, Meeting tY
13 g It.0 `Concessionaire Joint Use Ci
Parking Lots Joint Use City City
Exterior Site Lighting Joint Use City City
Landscape Joint Use City City
Notes of Explanation
CONCESSION AGREEMENT
2 Utility 3 Maintenance 4 Custodial
1 FOSTER GOLF LINKS CLUBHOUSE Page 30 of 30Modified 01/31/075/10/07
C
City
.Joint (note #1)
Joint (note #1)
Joint (note #1)
City
City
1. Patios: Daily maintenance is jointly shared in that the city will perform daily cleaning in its
proximity and landscape. The concessionaire will be responsible for wastes, cleaning fixtures and furnishings including food and beverage
stains.
2. Utilities: In consideration of overall HVAC, power, sewer, water, waste disposal, CATV, landscape, parking lot cleaning, exterior building
maintenance and lighting, site and facility utility needs overall utility use considering rights to spaces were deliberated. Facility utility Toads,
durations of daily operations, were considered and utility responsibilities are apportioned by balancing some areas against others. The right of
use of the room or space does not strictly assign responsibility for utilities.
Phone/Data/CATV: Infrastructure is provided by the city. Trailing costs of connections, installation, lines, and subscriber fees are the
responsibility of the user.
Gas: gas usage has been established by separate meters and separate accounts.
Water: Interior water use is the responsibility of the concessionaire; exterior water for irrigation and other uses are the responsibility of the city.
Waste Disposal /or Recycling: is the responsibility of the concessionaire
Power: power is sub metered by manual process from within the electrical room based on right of use to spaces. Power attributable to the
concessionaire will be inspected jointly and monthly and invoices the concessionaire.
3. Maintenance: "maintenance" refers not to routine custodial work, but to the maintenance of
walls, carpets, fixed and portable furnishings the condition of the space and its contents. It includes replacements of light bulbs, repairs, stain
removal, painting, and refurbishing of spaces as it deteriorates through use over time.
4. Custodial: refers to routine daily and other custodial functions, including but not limited to: sweeping, mopping,
vacuuming, dusting, surface cleaning, waste disposal.
City of Tukwila
Parks Recreation Department Bruce Fletcher, Director
MEMORANDUM
TO: Mayor Mullet
Community Affairs Parks Committee
FROM: Bruce Fletcher, Director of Parks Recreation
DATE: May 9, 2007
SUBJECT: Parks Division
Cc: Rhonda Berry, City Administrator
The Parks Division maintains and operates over 150 acres of developed park land, 50
acres of undeveloped park land, an 11 mile regional trail and 13 local foot trails. The
division also takes care of city facility grounds including the Tukwila City Hall, Tukwila
Fire Stations (4), Tukwila Swimming Pool and the Tukwila Community Center as well as
the many gateways and hanging flower baskets.
The Parks Division currently has 7.25 FTE positions that include a Maintenance
Operations Superintendent, a Lead Maintenance Specialist (3) Maintenance Specialists
and (3) time Maintenance Specialists. The Division also employees extra labor help
assisting the maintenance team.
Last month, one of our Maintenance Specialists left Tukwila for a crew leader position
for the City of Federal Way. This vacancy has created an opportunity to suggest some
changes to better serve and maintain our parks system.
Instead of replacing the 1.0 FTE vacancy, it is recommended that we take '/2 of that
vacant position and promote our two current .75 FTE positions to full time. Both time
employees have been with our department for nearly 6 years and perform outstanding
work. It is also recommended to hire a new FTE position to continue the city's high
park standards. If approval is granted, this would create a .25FTE increase for the Parks
Division (from 7.25 to 7.5). The extra funding to pay the increase (salary and benefits)
would come from the decrease in our extra labor budget determined by our Finance
Director and would not require any budget appropriation.
Steven M Mullet, Mayor
"Creating Community through People, Parks and Programs"
12424 42nd Ave. S. Tukwila, Washington 98168 Phone: 206-768-2822 Fax: 206 768 -0524
17
25
26
27
TUKWILA NEIGHBORHOOD
PARKS TRAILS PLAYFIELDS
T temporary restrooms
*Scheduling: Softball 253 630 -5440, Soccer 206 431 -3232
3.0
D "D
C) D
Po x
a
m 0
Bicentennial Park 6 Christensen Rd 1.0
Log cabin
Cascade View Community Park 14211 37th Ave S 2.0
Gazebo
Cecil Moses (King County park) 11013 W Marginal Place 5 2.0
Nice lunch spot
Codiga Farm Park 12535 50th Place S 3.0 T
Undeveloped future park
Crestview Park 16200 42nd Ave S
T -Ball only, maze, lots of open space
Crystal Springs Park 15832 51st Ave S
Horseshoe pits
Duwamish /Green River Trail Along river shoreline 78m
Bike path, approximate length 9 miles
Duwamish Park
11646 42nd Ave S
Maze
t3 Fort Dent Park 6800 Fort Dent Way'.'
Private partner Starfire Sports soccer /softball
10 Foster Golf Links 13500 Interurban Ave S
18 -hole golf course and teaching center, restaurant and lounge
-11 Foster High School 4242 S 144th Street 18,9
Football soccer stadium
12 57th Avenue South Mini Park
Bench overlooking river
13 Duwamish Riverbend Hill_ 38 S 115thStreet-°
Undeveloped open space
14 Grandview Off -Leash Dog Park S 228th St/Military Rd
By partnership of south county cities, King County S.O.D.A.
=1 5 Hazelnut Park 14475 59th_ Avenue S
Great for small children
16 Ikawa Park
Japanese garden with koi pond
Interurban Trail
Bike path, approximate length 2.4 mil
18 Joseph Foster Memorial Park
Something here for everyone
19_ Macadam Wetland
Undeveloped future park
20 River Trail Access
Enjoy Tukwila's trail
21 Riverton Mini Park
Lunch spot
22 Riverton Park
Great open playfield
23 Showalter Middle School
School facility
24 Southgate Park
Undeveloped
Tukwila Community Center
Indoor basketball, racquetball, fitness
Tukwila Elementary School
School facility
Tukwila Park
Gazebo, horseshoe pits
28 Tukwila Pond Park
Scenic wetland, educational exhibits
0
m
m
7,6 T_
11.0
3300 57th Avenue S
6200 Southcenter Blvd
S 180th to Grady Way
es
13919 53rd Ave S
S 144th/Macadam Rd
Green River Trail at 180th
4101 S 131st Street
4242 S 144th Street
42nd Ave S S 135th St
15460 65th Avenue S
299 Strander Boulevard
0.2
10.0
CO
73
CO
m
C7
m
*r
7.0
6.0
5.0
12424 42nd Avenue S 12.0
facility, skate park
5939 S 149th Street 5.0
6:6
24.7
18
PARK ASSIGNMENTS
RANDY: Green River trail
Interurban trail
Numbered trails
Tukwila Park
Crestview Park
Gateways
Hanging baskets
Southgate Park
BRIAN: Tukwila Community Center
Cascade View Community Park
Duwamish Park
Fire station 53
Fire station 52/Hazelnut Park
Codiga Farm
Small parks
BRETT: Showalter Middle School
Foster Park/Lee Phillips
Crystal Springs Park
Bicentennial Park
Tukwila Pool
Fire station 51
Fire station 54
TESH: Ft. Dent
City Hall/Ikawa
Riverton Park
Tukwila Pond
Macadam Winter Garden