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HomeMy WebLinkAboutCAP 2016-04-11 COMPLETE AGENDA PACKETCity of Tukwila Comm unity Affairs & Parks Committee O De'Sean Quinn, Chair O Kathy Hougardy O Thomas McLeod AGENDA Distribution: Recommended Action D. Quinn C. O'Flaherty K. Hougardy R. Turpin T. McLeod L. Humphrey J. Duffle D. Johnson D. Robertson Pg.1 Mayor Ekberg Agenda. D. Cline Dave Johnson, Parks & Recreation Manager MONDAY, APRIL 11, 2016 — 5:30 PM CITY COUNCIL CHAMBERS 4 Please note the change in location for this meeting date. Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. A concessionaire agreement extension at Foster a. Forward to 4/18 Consent Pg.1 Golf Links. Agenda. Dave Johnson, Parks & Recreation Manager b. Acceptance of a grant for Duwamish Hill Preserve b. Forward to 4/18 Consent Pg.35 from 4Culture in the amount of $200,000. Agenda. Dave Johnson, Parks & Recreation Manager c. Multifamily housing challenges and opportunities. c. Information only. Pg71 Laurel Humphrey, Council Analyst 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, Apr#25, 2016 SThe City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. TO: FROM: BY: CC: DATE: SUBJECT Ci of Tukwila Allan Ekberg, Mayor Community Affairs and Parks Committee Rick Still, Parks and Recreation Director Dave Johnson, Parks and Recreation Manager Mayor Ekberg April 4, 2016 Agreement Extension for Restaurant Concessionaire at Foster Golf Links ISSUE Restaurant concession agreement at Foster Golf Links (FGL) with MMS Consultants, Inc, BACKGROUND In 2009, the City entered into an agreement with Habannini LLC as the concessionaire to operate the restaurant at FGL —known as Billy Baroo's. In March 2010, the agreement was transferred from Habannini LLC to MMS Consulting, Inc. Since that time, MMS Consulting has continued to operate the restaurant as Billy Baron's, The agreement is set to expire on June 1, 2016. MMIS Consultants notified the City that they interested in exercising the option to extend the agreement for an additional 7 years as outlined in the agreement, DISCUSSION Since MMS Consulting has assumed the agreement, they have implemented and maintained high quality standards and service at the restaurant and have increased business. They have been voted as the best restaurant in the area on multiple occasions, offer special events including holiday brunches, Jazz nights, and New Year's Eve events. They also provide, banquet and event space. Based on the terms of the agreement, revenue to the City has been: Year Revenue 20,11 $ 83,215-11 2012 ___ .. . ............ $ 90,534.94 2013, $ 94,604.08 2014 $ 99,359.501 2015 $ 100,174.26 Si ,20,0W.00 560,(R)OAX) 540,(XIOW ? $2o'Wo.00 $ j 2011 2012 2013 2014 2015 MMS Consultants has been a very good partner at Foster Golf Links, and works well with the staff to form a good relationship and a high quallity experience for visitors to the course. It is staff's recommendation to continue the relationship with MMS Consultants and extend the agreement to operate the restaurant (Billy Baron's) at FGL for another 7 years. 1 INFORMATIONAL MIEFT'iff Page 2 FINANCIAL IMPACT Based on the terms, of the agreement, we forecast revenue to be approximaWy $100,000 per year for the next 7 years. RECOMMENDATION Council is being asked to forward this item to the Consent Agenda at the April 18, 2016 Regular Meeting to authorize the Mayor to sign agreement extension. ATTACHMENTS -Restaurant Concession Agreement W016 Info MemoslConcessionaireGolfdoc CONCESSION AGREEMENT This agreement ("Agreemen ") is entered into by and between the CITY OF ,rUKWILA, a municipal corporation of the State of Washington (hereinafter referred to as the and MM CONSULTANTS, INC., jointly and severally (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 W410IM41 =3 [0100 ti 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 Avenue, 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, Covered Patio, Patio, Interior Rest Rooms, Marketing Office, Lobby/f-iospitality Area also known as rooms 101, 102, 104, 103, 108, 110, ill, 112, 114, 115, 116, 121,122, 129, 130,130A, 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. 11. TERM OF CONCESSION AGREEMENT This agreement shall commence on June 1, 2016 (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 Ill 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 (1-80) days prior to the expiration of the initial term of this Page I of 31 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. For the term of this Agreement and any renewal or extension, Manmohan (MM) Sharma shall be Manager of the INC. and together hold a majority percentage interest in the INC. 111. CONCESSION FEES A. Concession Fees (defined below in Section III.G.) shall be paid to the City by the Concessionaire as follows: Restaurant /Lounge 6% of Gross Receipts up to $2,000,000.00 5% of Gross Receipts above $2,000�,000-00 Catering /Room Rental 6% of Gross Receipts up to $500,000.00 5% of Gross Receipts above $500,000.00 Out Catering 2% of Gross Receipts B. 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 (including internet sales), 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 state to and 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; Page 2 of 31 El (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; (0 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 for the coupon or promotional programs or device), (b) tips or gratuities paid by custorners 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; 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; (1) 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 (o) insurance proceeds for damaged furniture, improvements, fixtures, 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 III above. If the monthly Percentage Fees payment is not received by the 1.5th of each month, then the Concessionaire shall pay a. late charge of five percent (5%) of the applicable month's Percentage Fees. Page 3 of 31 F. The City shall own all listed food service equipment (see Exl-dbit E). Concessionaire shall be responsible for all reasonably necessary maintenance, and/or repair and replacement of equipment listed in Exhibit E, for the life of the concession agreement. . The concessionaire shall provide proof of normal and periodic maintenance for range hood, exhaust and makeup air exchange, FIVAC system and all maintenance or work performed to any equipment listed in Exhibit E by furnishing quarterly reports which include copies of servicing reports and invoices. At the termination of this Agreement, Concessionaire shall return the listed food service equipment to the City, subject to any wear and tear occasioned by the normal and customary use of such equipi-nent, G. The Percentage Fees and Leasehold Tax 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, H. Concessionaire shall deposit with City the amount of FIFTEEN THOUSAND AND NO/100 DOLLARS ($,15,000) (the "Security Deposit") as security for Concessionaire's, compliance with its obligations under this Agreement. City shall deposit the concessionaire security deposit in an interest-bearing account to the benefit of the Concessionaire. During the term of this Agreement, or upon termination, in the event of any failure of performance or other default by Concessionaire, the City shall be entitled to have recourse to the Security Deposit for any unpaid concession fees, damages to the Concession Area, or other City losses arising from Concessionaire conduct. If Concessionaire has fulfilled all of its obligations under this Agreement, City shall reimburse to Concessionaire the Security Deposit, together with interest accrued, within fifteen (15) days following the expiration date of the agreement, or a termination of the agreement that is not occasioned by a failure of performance or other default by Concessionaire. Within fifteen (1.5) days following a termination of the agreement that is occasioned by a failure of performance or other default by Concessionaire, City shall reimburse to Concessionaire any remaining balance of the Security Deposit. IV. OPERATIONS AND SERVICE A. The Concessionaire shall: 1. Provide the number of personnel (in Concessionaire's sole and reasonable judgment) to adequately manage and staff the Restaurant portion of the Page 4 of 31 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. I 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 ten (10) 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 and post in a visible location 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. The 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. Designated smoking areas shall be at least 25ft from the building. Page 5 of 31 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 if authorized by State license, 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 of the 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, including building entry and roadside signage, the Concessionaire shall pay all related costs. 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. 1. The following shall be excluded from the Concessionaire's operation: 1. Non-food products unless approved by the City; which approval shall not be unreasonably withheld, conditioned. or delayed; 2. Vending machines unless approved by the City, which approval shall not be unreasonably withheld, conditioned or delayed; (provided, however, that Concessionaire shall be allowed to install and maintain one (1) cash machine in the clubhouse lobby and a portion of the proceeds will be payable to the City); and Page 6 of 31 3. Video games or gambling devices unless approved by the City, which approval shall not be unreasonably witl-Lheld, conditioned or delayed; The City shall have the right at any time to establish and revise, 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 or revising such rules and regulation. The he rules and regulations may include, but are not limited to, the following: 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 Coi-icessionaire'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. S. 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 inuch advance notice as possible. City shall be required to use Concessionaire's food and Page 7 of 31 0 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 reasonable 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. 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 of the 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 consult with the Tukwila Police Department in order to assist in public safety for all customers. 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. Concessionaire shall provide alarmed security in the concession areas when the premises is closed. 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. Page 8 of 31 10 The City will be responsible for the utility charges from: the Concessionaire office Lobby/Hospitality, 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 at its expense, a private telephone in the Concessionaire office. 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, including work schedule and timeline. 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. Such approval by the Director of Parks and Recreation shall not be unreasonably withheld, conditioned or delayed. B. All plans submitted are subject to the approval of the 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. Such approval by the City shall not be unreasonably withheld, conditioned or delayed. C. The City's Consent may be conditioned on compliance with any applicable City and State laws regarding procurement of the capital improvement work, and/or working conditions on the project. D. All work performed shall be in accordance with approved plans, and shall be carried out in a manner that minimizes impact upon the use of golf course to the public. Concessionaire shall be responsible for obtaining all goverm-nental 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. E. 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. Page 9 o 17 3 1 11 F. All alterations, improvements, and construction (excluding trade fixtures) shall become the property of the City 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. G. Concessionaire shall make capital investments into the restaurant that include a new bar counter top, storage cabinet, shelving, banquet seating with raised floor including new carpet at no cost to the City. All approved capital improvements become fixtures of the restaurant. 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 excepted. Maintenance shall include cleaning, refinishing and painting of the interior of the Concession Areas specifically including the restaurant, lounge, kitchen, banquet rooms, carpet, and interior restrooms and the exterior's covered patio, and patio areas. Concessionaire shall maintain the Concession Areas to first class commercial facilities standards. Ally failure by the Concessionaire to maintain the Concession Areas shall be deemed a. default under the Agreement. B. The City shall maintain the building structure (including roof, structural elements, exterior walls, doors and windows), foundation, FIVAC system (not including kitchen range hood, exhaust and make-up air exchange and FIVAC system servicing the kitchen area), 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. XI. HAZARDOUS SUBSTANCES Page 10 of 31 12 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 42.56, the Public Records Act. 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 May 8, 2009; 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. Page I I of 31 13 XII. TERMINATION 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. 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 witl-fin 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. Page 12 of 31 IM, E. Upon expiration of the term of this Agreement, Concessionaire shall remove all its goods, wares and merchandise from the Concession Areas and shall remove any equipment or trade fixtures placed therein by Concessionaire pursuant to the terms of any written. Agreement providing for removal by the Concessionaire upon expiration. I'he 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 trade fixtures or equipment to the condition of the area before installation occurred, reasonable wear and tear excepted. No non- trade 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. J'he 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 property as abandoned by Concessionaire, and may make any disposition of such property as the City deems fit. F. Upon termination or expiration of tl-ds 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. XIII. STANDARDS OF CONDUCT 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 enjoyrnent of the patrons of this recreational facility. B. Concessionaire shall operate and conduct the concessions in the Concession Areas in a business like mariner, 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 tirnes 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. 10AYMMILVA 19 a KRONE* Is I'age 13 of 31 15 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. XV. ACCESS TO BOOKS AND RECORDS 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 "POS" systerns). 'The electronic and/or digital PO S 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 POS 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 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 will be provided to the City. XV1. PHOTOGRAPHS 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. Page 14 of 31 17. XVII. ADDRESSES FOR NOTICES Except for payments and Gross Receipt reports as directed by Article 11I.E. above, any notice required or permitted hereunder must be in writing and will 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 City Clerk Tukwila City Hall 6200 Southce,nter Boulevard Tukwila, WA 98188 And to the Concessionaire at the following address: With a copy to: V, 14 LVA I I W., I MOJ L" 0 11 kVj I a 0 Mel 9 M"R "371 t a 0 9 -1 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. In circumstances where subcontracting is not prohibited elsewhere in this Agreement, 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 Page 15 of 31 17 service, be given discriminatory treatmet'it, or be denied any privilege, use of facilities or participation in activities on the Concession Areas on account of race, color, religion, sex, age or national origin. B. Concessionaire shall not discriminate in employment on. the basis of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability, except for employment actions based on bona fide occupational qualification. 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 "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 one hundred twenty (120) days following the date on which such damage occurs, then Concessionaire may elect to terminate the Agreement effective as of the 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 will 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. B. Repair After Dam . If Concessionaire does not give notice of Concessionaire's election to terminate as provided in Section ;III A, then. City shall, subject to the provisions of this Section, immediately commence and diligently pursue the completion of the repair of such damage so that the Concession Areas and the Golf Course Property is restored to a condition of similar quality, character and utility for Concessionaire's purposes, including restoration of all items described on Exhibit C and Exhibit E 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 twenty (120) 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. Concessionaire shall have no claim against the City for any direct, incidental or consequential damages arising from the City's failure to commence or complete any repairs to the Concession Areas. C. Uninsured DamgZtc,. 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 Page 16 of 31 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 (teemed to have terminated as of such date unless the other party agrees, in writing to pay for such repairs or restoration. XXI. NO LIENS OR ENCUMBRANCES It is mutually understood and agreed that the Concessionaire shall 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 shall affect and each such lien shall 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 of the 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. Additionally, it is mutually understood and agreed that this paragraph is intended to be a continuing provision applicable to future repairs and improvements after the initial construction phase. A. Fire, Earthquake, Flood & Casualty Insurance. The Concessionaire agrees that, at all times during the full term of this Agreement and at its own expense, Concessionaire shall, at its sole cost and expense, maintain in full force and effect adequate fire, flood and other casualty coverage covering the Concession Areas and its contents, including all personal property, fixtures, improvements. Concessionaire agrees to hold City harmless for any loss of Concessionaire owned furniture, fixtures, equipment etc, due to an earthquake. Such policy shall include a replacement cost endorsement. Concessionaire will, 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. Page 17 of 31 19 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 comrnercial general liability insurance coverage ( "CGL ") providing coverage of at least $1,0'00,000 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. XXIII. HOLD HARMLESS, INDEMNIFICATION, AND INDUSTRIAL INSURANCE 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, Page 18 of 31. 20 to save, inderru-iify, 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 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 I-lave 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 ernployee, 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 VentureZ Partnership: It is mutually understood and agreed that no joint venture or partnership formed as a rOSLI]t of this Agreement. 11age 19 of 31 21 D. Formation of Concessionaire: Concessionaire is a Washington limited liability company to be formed.. No liability shall accrue to the members thereof by reason of the formation of the limited liability company after execution of this Agreement. XXV. PERMITS, LICENSES, TAXES AND FEES 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 Agreemen.t at Concessionaire's sole expense. Each party agrees to execute such additional or other docurnents, as may be required to fully implement the intent of this 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. gy,QVjUn,,j..yLWt 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 not be deemed waiver of any other right or power. XXVIL 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 1/365th per day of prior year's concession fee as liquidated. damages until the City has obtained a new Concessionaire satisfactory to the City. For 2009, the rate would be at a l"age 20 of 51. 22 pro-rated daily amount. Such liquidated damages, if elected by the City, shall be in lieu of any other remedy provided by law. In. any action brought to enforce any provision of this Agreement, including actions to recover surns 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. 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. XXXI. ENTIRE AGREEMENT 'rl,is 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. XXXII. CHOICE OF LAW & VENUE 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. This Agreement may only be modified by written instrument signed by both parties. Should any part of this Agreement be found void, illegal, or unenforceable, the balance of the Agreement shall remain in full force and effect. Page 21 of 31 23 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. XXXVI. 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. IN WITNESS WHEREOF, this Agreement has been entered into between the City of Tukwila and , as of the - day of 12009. CONCESSIONAIRE, a Washington corporation M Allan Ekberg, Mayor F.-Yo-MW Christy O'Flaherty, City Clerk City Attorney 24 Page 22 of 31 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 — Rights in Use and Control of Facility Spaces with Apportioning of Utility Maintenance and Custodial Costs Exhibit E — Foster Golf Links Kitchen Equipment List Page 23 of 31 25 STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that ALLAN EKBERG 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. Given under my hand and official seal this day of 2016, Type/ Print Name Notary Public in and for the State of Washington residing at My Commission expires STATE OF WASHINGTON ss. COUNTY OF KING On this day of 2016, before me personally appeared to me known to be the 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. Given under my hand and official seal this day of 2016. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires 26 Page 24 of 11. EXHIBIT "A" Architectural Floor Plan with Numerical Identification of Rooms/Spaces M 11XII, ---------- z -j 0� LL Page 25 of 31 27 EXLitBI T "B" Legal Description of Property King County Parcel Account Number 00030000490'0 Record Number 01 Legal Description. 0049 FOSTER STEPHEN - DC #38 POR OF DC LY NELY OF PS E RY R /W& NELY ELY & SELY OF FOLD DESC LN - BEG AT NXN OF ELY LN OF PS E RY R/W & NLY MGN OF FOSTER ST PROD ELY THN 49 -11 -08 E 51.59 FT 'TH S 75 -02 -50 E TO C/ L OF FOSTER ST PROD ELY TH NELY ALG SDC/ L TO BANK OF GREEN RIVER Page 26 of 31 EXHIBIT "C" Provided by the City in the Concessionaire's Interests Bolded Items = As specified witifin t1w project's construction dvcumeiits, required by the city pursuant to its construction coi,aract zi)ith Wade-Perrow Construction, LLC., General Coidractor. L 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 of the 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 $8,704 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 4. 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 Page 27 of 31. 29 22. HVAC 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 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. All 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 door 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 Page 28 of 31 30 EXHIBIT "13" 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 utilities 3) necessary maintenance and repair, and 4) custodial services be delineated. The following table depicts these responsibilities: Rm. RooirV 1 2 3 4 No. Space Name Ri Zht "Ii Maint Custodial 100 Pro Shop city city city city 101 Hospitality joint Use city City Concessionaire 102 Restaurant Concessionaire Concessionaire Concessionaire Concessionaire IM Lounge Concessionaire Concessionaire Concessionaire Concessionaire 104 Kitchen Concessionaire Concessionaire Concessionaire Concessionaire 108 Meeting Room B (Banquet) Concessionaire Concessionaire Concessionaire Concessionaire 110 Meeting Room A (Banquet) Concessionaire Concessionaire Concessionaire Concessionaire 111, Meeting Hallway Corridor Concessionaire city city Concessionaire 112 Restroom Hallway Corridor joint Use city city Concessionaire 113 Mechanical city Concessionaire city Not Required 114 Storage (Meeting Roon-ts) Concessionaire Concessiorwire Concessionaire Concessionaire 115 Women's Res.troorn Joint Use Concessionaire Concessionaire Concessionaire 116 Men's Restroom Joint Use Concessionaire Concessionaire Concessionaire 117 Electrical Data Room joint Use Concessionaire city Concessionaire 119 Vestibule Front/Main Entry joint Use City city Concessionaire 120 SRR - Sprinkler Riser Room City City city city 121 I.A+by Joint Use city city Concessionaire EY) Concessionaire Office Concessionaire city Concessionaire Concessionaire 123 Storage Golf Retail city city city city 124 Cart Barn city city City city 125 Instruction Area city city City city 126 Men's Restroorn Exterior city City city city 127 Worner's Restroorn Exterior city city city City 128 Office (Pro-Shop) city city city city 129 Patio, West Covered Dining Concessionaire joint Use city joint (note 1t1) 130 Patio, East Covered Dining Concessionaire joint Use city joint (note #1) 130A Patio, Meeting Room Concessionaire joint Use city joint (note #1) Parking Lots joint Use City City city Exterior Site Lighting joint Use city city city Landscape joint Use city city City Page 29 of 31 31 Exhibit "D" (Continued) Notes ofExplanation 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 loads, 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. Phan atWCATV: 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. 4/or Recyclin g: is the responsibility of the concessionaire Power: power use has not been established by separate meters and separate accounts therefore it is the responsibility of the concessionaire to reimburse the City for 80% of usage cost. 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. Page 30 o1` 31 32 EXHIBIT "E" Foster Golf Links Kitchen Equipment Page 31 ol'31 33 34 City of Tukwila .... ........... . ..... ... ............ — Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO Community Affairs and Parks Committee FROMI: Rick Still, Parks and Recreation Director BY, Dave Johnson, Parks and Recreation, Manager Cc: Mayor Ekberg DATE: April 4, 20,16 SUBJECT; Acceptance of grant for Duwamish Hill Preserve from 4Culture for $200,000 ISSUE Authorize acceptance of grant for Duwamish Hill Preserve from 4Culture for $200,000. BACKGROUND During the planning of Phase 2 construction at Duwamish Hilll Preserve in 2014, we had to reduce the original scope of work due to funding and cost estimates for the project. In 2015„ an additional funding source became available to the City by way of the Heritage Cultural Facilities Grant program through King County 4Culture. At the August 24, 2015 CAP meeting, the committee approved the City's grant application in the amount of $250,2801. We were successful in being awarded $200,000. DISCUSSION Among the items that wild be covered through, this funding are design, construction, and installation of an Entrance Kiosk, Interpretive Benches (sandstone block with benchbacks), Interpretive signs, and installation and establishment of cultural landscape area. Funding through this grant will allow us to complete these items. We are planning to begin this work in 2016. Completion of this work will, for all intents and purposes, complete the renovation of the site. FINANCIAL IMPACT There is no additional match for this grant as the match has already been met, RECOMMENDATION Council is being asked to forward this item to the Consent Agenda at the April 18, 20,16 Regular Meeting to authorize the Mayor to sign agreement accepting Grant award, ATTACHMENTS -Grant Agreement -Minutes from Community Affairs and Parks Committee meeting of August 24, 2015 35 36 000vSigw Envelope oD:7F*«97BE-agF9-4ors+AsaF-78141eem8m,o 'Alt I GRANT RECIPIENT INFORMATION City ofTuhw0a DaimmJohnoom Tukwila Parks & Recreation Manager 12424 42nd Avenue S Tukvvi|a,VVashimfton98168 dauejuhnsom@tukvv||am/a.gow (206)767'Z342 TEL 206 296,7580 wm 206 29&8629 vnnnz 101 pnspnmWmp PL sEArnsmmvn1o* Www.^cuomxe.oas Your Contract #:115,841H K[ Bonds Heritage Cultural Facilities '3OO4Q2 Ordinance #:18181 Attached is your Contract with 4Culture for $200,000.00 for the Duwamish Hill Preserve PugetSouod Sm0sh Cultural Garden project. The contract starts on 1/1/16 and remains open until the Public Benefit is fulfilled. For questions, contact Eric Taylor at eric.tay|or@u4cultune.oqBmr(206)263-1586. SCOPE OF WORK 4Culture, the Cultural Development Authority of King County, will!, reimburse the City of,Tukwila Parks and Recreation Department for satisfactory completion of the services and requirements asspecified below, in an amount not to exceed $200,0�0.00, for expenses associated with the Duwamish Hill Preserve - Puget Sound Salish Cultural Garden, described im the proposal attached %o this contract. Payment will be made available in the following manner: PHASE 1: Architectural and engineering expenses incurred as part of the schematic design, design development, construction document preparation and any related engineering costs, for up to $50,000.00. PHASE 2: Permitting, sitepneparationandotherpre-oomstru«tiomoosts°,imcludinganyneceusary demolition and utilities work, for mpto$7S,OOD.0}. PHASE 3: Labor and materials after the commencement of construction or renovation and the acquisition ofma:jorFF&E items, for uptaS75,0OQ.00. Accompanying the 4Culture invoice(s,) for these expenses shall be documentation that identifies vendors and details the work performed and dates the expenses were incurred. Such documentation shall include, but is not limited to, proofs of purchase, work orders or receipts for purchases. wCnoons PAGE I owT2863185 |v6u060 85-000001 Dm�cuSign Envelope |Cz7F/wg7ae-Bgp$-427s,Asar-7e1oxE8Dux12 NOTE: ONLY "CAPITAL COSTS" are eligible for reimbursement under this contract. All funds must support facilities and/or equipment intended for 10 year use and valued as depreciable assets, not expensable as part of annual operations. PUBLIC BENEFIT 4Cukune|s providing funds to support the City of Tukwila Parks and Recreation Department for the Duwamish Hill Preserve - Puget Sound Salish Cultural Garden, in order to allow the Contractor to better serve its mission and provide the citizens of King County with significant public benefit. The City of Tukwila Parks and Recreation Department will be committed to providing public benefit experiences for a period of no less than 10 years. During that tinme,the public will regularly have access to the City of Tukwila Parks and Recreation Department facility and/or programs, and will benefit from the following types of potential cultural opportunities: ~ Regularly scheduled free mrreduced fee admission to cultural resources, exhibits, orpublic programs presented in the facility supported bV this grant * Regularly scheduled cultural programs produced by City of Tukwila Parks and Recreation Department offered toKing County residents and visitors at other sites * Access to special events held at the site w Access to educational programs held in the facility that are targeted to mmdeoemed King County populations such as students, senior citizens, or other specific audiences The Contractor agrees to widely publicize its public benefit exhibits, events and programs throughout King County and to track the number of public benefit events offered and audiences served by such program;s. GRANT RECIPIENT INSTRUCTIONS Please electronically sign this Agreement within: two weeks of receipt and return any required enclosures. You will not be able 10 make changes to this Agreement. if there is an error in the documen�, or if you need to request changes in your Scope of Work or other itemis, please contact your Program Manager listed above, L SCOPE OF VVO0K- Please review the information, Scope of Work, and Public Benefit sections above carefully. These expUa|m the work you are agreeing to perform in accordance with the application you submitted tn4Cw[tmre. 2. ENCLOSURES — Please clownload and complete any required enclosures listed below and e-mail to4Cultuoemt Enclosures with private information (e.g. social security numbers on a VV'9) may be mailed to4[u|ture, 101Pre&ontaimeP|S, Seattle, VVx98104-2672� a. Items 1obe returned at the time you sign the Agreement: w W-9 � Certificate Of Liability Insurance or Letter mf Self Insurance m if your property is owned by an individual or for-profit business: Legal description of real property onwhich Project is located (Contact staff ifyou are not able to provide this information) *cuoumE PAGE u DWT 286318510 0060585-000001 Docu&9n Envelope 0: 7FA497BE-B9F9-4275-A63F-76IAlEBD8Al2 1 REQUESTING PAYMENT - Once your 4[ubure contract is signed by both you and 4Cu1ture, your new grant will be listed in your account at apply,4culture.or under the Manage Awards section along with any prior awards. To be reimbursed for your project expenses, follow the "Request Payment" button link next to the relevant contract and complete the Payment Request form, You may submit a request for either a partial payment ur final payment per the Scope of Work detailed in this contract. It is wpto you xo track the remaining balance in a grant. Yolu will not see it listed in this system, If you need that information, please contact Debra TwerskV. Provide a brief description of the work done under this invoice and how it relates to your facilities project, orifa final request, how the project is impacting your organization, under the "public benefit" section of the invoice form. Provide dates that the work took place. That information is the only narrative report you'|U provide. You must upload these required attachments for a Building For Culture invoice: • Rece|pt(s)&or all work done as, partof this payment request that equal ur exceed the total amount you are requesting. |f you have a lengthy list mf PDFs please include am excel ur adding machine tape totaling the receipts and gang together receipts whenever possible • With your final invoice: One or two photographs mf the project • |f you were asked to provide add itionaUdmcumento when you signed the contract such asal0-9 H Form, a Certificate of Liab.ilit naming 4C�u|tuneas additional insured, or, for public entities, a letter of self-insurance, you should have sent those inalready. • You may also need to provide uis with a legal description of the site of you proiect before we can make a payment if you are making improvements to privately owned property. Your program, manager will advise you about this requirement. • If your proiect involves rehiabilitation of an historic _property you will be required to provide verification that your improvements are Grant Recipient shaIl provide the 4Culture with verific ation that the plans and specifications for any Project that iz for historic preservation of historic landmarks meet the requirements of any federal, state, and local authority having jwrUsd|cbonto assist 4[w|tuneln complying with its obligation tm verify such plans and specification to the County pursuant to Section 7.4ofthe Implementation Agreement. Once you have submitted your Payment Request electronically, your program mamager bnotNledby<hesystem — youdonutmeedtoemaiKua.HeorshevviQreviewand approve the invoice, and we will send you a check (usually within 14 days). if any of the forms are filled out incorrectly, vve will contact you. 4c000msp*sE3 owTz&u myws0060585-000(X) I DocuSign EnvOope 0: 7FA497BE-B9F9-4275-A63F-76IA1EBD8Al2 4CULTURE WILL NOT REIMBURSE YOU FOR ANY COSTS THAT ARE NOT CAPITAL COSTS. 4. 4CULTURIE LOGO —for details of the requirements for acknowledging 4Culture support, please refer to Section ll, D. of the Agreement. The 4Cultuire logo is available for download in PDF, EPS, and Jpeg formats. S. SIGNATURE — Follow the link in the e-mail message - you will be walked through a few simple steps to read and sign the Agreement at DocuSign. A copy of the Agreement will be e-mailed to you as a PDF after it has been signed by 4Culture's Executive Director. 4CULTURE PAGE 4 DWT2863185 I v6 0060585-000001 M DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-761A1 EBD8A1 2 BUILDING FOR CULTURE GRANT AGREEMENT (TAX-EXEMPT BOND PROCEEDS) This BUILDING FOR CULTURE GRANT AGREEMENT (this "Agreement") is entered into by THE CULTURAL DEVELOPMENT AUTHORITY OF KING COUNTY ("4CULTURE"), whose address is 101 Prefontaine PI S, Seattle, WA 98104-2672 and telephone number is (206) 296-7580 and the Grant Recipient as named on the attached Grant Information Sheet. Grant Recipient is an arts, cultural, heritage and preservation nonprofit organization, local public agency or owner of designated historic structures within King County qualified to receive funds pursuant to King County Code Sections 2,48 and 4.42 and RCW 67.28,180. BACKGROUND In the summer of 2015, 4Culture and King County (the "County"') established the Building for Culture Program, a partnership to provide capital grant funding to arts, cultural, heritage and preservation nonprofit organizations, local public agencies and owners of designated historic structures within King County. 4Culture subsequently solicited proposals from arts, cultural, heritage and preservation nonprofit organizations, local public agencies and owners of designated historic structures within King County for Building for Culture grant funding to support such cultural facilities capital projects. The County and 4Culture entered into an Agreement for Implementation of the Building for Culture Program, dated December 4, 2015 (the "Implementation Agreement") formalizing the Building for Culture Program. The Implementation Agreement designates the Buildings for Culture Program projects, including the approved grant recipients and grant amounts. In the Implementation Agreement, the County agreed to provide Bond financing for the Building for Culture Program, the debt service for which will be paid with certain Hotel-Motel Tax Revenues. 4Culture agreed to administer the Building for Culture Program, including negotiating and entering into grant agreements pursuant to which 4Culture will distribute Bond proceeds to grant recipients. To provide funds for the Building for Culture Program, the County enacted Ordinance 18180 (the "Bond Ordinance"), which authorized the issuance of the issuance and public sale of one or more Series of limited tax general obligation bonds of the County in an aggregate original principal amount not to exceed $29,000,000. Any Series of Bonds may be issued and sold as either Tax-Exempt Bonds or Taxable Bonds, as determined by the County Finance Director. The County expects to issue a Series of Tax-Exempt Bonds and a Series of Taxable Bonds on February 23, 2016. Grant Recipient's Project was approved for funding pursuant to the Implementation Agreement. Under this Agreement, Grant Recipient shall utilize grant funds for the Project to build, maintain, expand, preserve and/or improve new and /or existing cultural facilities in King County. The legislative authority of 4Culture has found and declared that in so doing, the Grant Recipient will enhance access to art museums, cultural museums, heritage museums, historic structures, and/or the performing arts for the benefit of the people of King County. The legislative authority of 4Culture has further found and declared that such use of such grant 4CULTURE PAGE 5 DW'1'2�863185iv6OO6O585-00f�OUI DocuSign Enveliope 1U 7FA497BE-B91F9-4275-A63F-761AIEBD8Al2 funds is consistent with the purposes set forth in RCW 67,28,180 ("Public Benefits"). The legislative authority of 4Culture has also further found and declared that providing funds to Grant Recipient to reimburse Project Costs in consideration of providing the Public Benefits hereunder constitutes a public purpose within the meaning of Article VII, Section 1 of the Washington State Constitution for which public funds may properly be expended or advanced. F-TTZ e NOW, THEREFORE, in consideration of payments, covenants, and agreements hereinafter mentioned, to be made and performed by the parties hereto, the parties covenant and do mutually agree as follows: The following capitalized terms, not otherwise expressly defined in this Agreement, shall have the meanings assigned below. Bonds means limited tax general obligation bonds of the County issued to provide financing for the Building for Culture Program and to pay costs of issuing the Bonds. Code means the federal Internal Revenue Code of 1,986, as amended, together with corresponding and applicable final, temporary or proposed regulations and revenue rulings issued or amended with respect thereto by the United States Treasury Department or the Internal Revenue Service. Grant means the grant of funds to the Grant Recipient for the Project in the aggregate amount set forth on the attached Grant Information sheet. Hotel-Motel Tax Revenues means all of those revenues generated by the tax authorized by RCW 67,28,180, Project means the Grant Recipient's Building for Culture Program project identified on the attached Grant Information Sheet and as described generally by a Project Proposal and Budget made by the Grant Recipient, and more specifically by a final agreed upon Project Scope of Work as drafted by 4Culture, including an identified Public Benefit. Project Costs means Grant Recipient's actual Project Costs to the extent those costs are (a) capital expenditures, for federal income tax purposes within the meaning of Section 1.150 - 1(b) of the Code, (b) reasonable, necessary and directly used for the Project, and (c) eligible or permitted uses of the Grant under the legislative acts of the County and 4Culture authorizing the Building for Culture Program, including, without limitation, the Bond Ordinance and under this Agreement. Project Costs do not include internal costs charged to the Project by Grant Recipient or payments made to Related Parties. Related Parties means, in reference to governmental units or 501(c)(3) organizations, members of the same controlled group within the meaning of Section 1.150 -1(e) of the Code, and in reference to any person that is not a governmental unit or a 501(c)(3) organization, a related person as defined in Section 144(a)(3) of the Code. Series or Series of Bonds means a series of Bonds issued pursuant to the Bond Ordinance. 4CULTURE PAGE 6 ray T2863185 I v6 0060585-000001 42 DocuSign Env,eQope ID: 7FA497BE-B9F9-4275-A63F-76IAlEBD8Al2 Taxable Bonds means Bonds of any series determined to be issued on a taxable basis pursuant to the Bond Ordinance. Tax-Exempt Bonds means Bonds of any series determined to be issued on a tax-exempt basis, pursuant to the Bond Ordinance. A. The Grant Recipient shall undertake the Project and comply with the requirements set forth hereinafter and in the Project Scope of Work set forth in the Grant Information sheet attached to this Agreement. B. Funds awarded under this Agreement shall be used solely to reimburse the Grant Recipient for Project Costs incurred expressly and solely in accordance with the Project Proposal and Budget. Any amendment or modification to the Project Proposal and Budget or the Project Scope of Work must be approved In writing by 4Culture. No expenditures made prior to July 25, 2015 (60 days before the Executive Finance Committee of the County adopted its "Official Intent"' motion concerning expenditures associated with the Building for Culture Program bonds program on September 23, 2015) for Project Costs will be reimbursed'. C. County Reallocation of Grant Funds. Grant Recipient acknowledges that, pursuant to Section 6 of the Implementation Agreement, (i) if within twenty-four (24) months following the date of issuance of the Bonds, 4Culture advises the County that the Grant Recipient willl not be able expend a sufficient amount of reimbursable funds on its Project to enable 4Culture to reimburse Grant Recipient for the full amount of its Grant funds within thirty-six (36) months following the date of issuance of the Bonds or (ii) if any allocated funds remain unexpended upon the completion or termination of a Project, then the County may reallocate such unexpended funds to other Building for Culture Projects or to pay, redeem or defense Bonds. In such event, and if the County elects to reallocate such funds, this Agreement shall be modified to reduce the amount of Grant funds available to the Project, Grant Recipient shall exercise its best efforts in a timely manner to keep 4Culture informed as to Grant Recipient's progress in completing the Project. D. The Grant Recipient agrees to use any improvement acquired, constructed, or improved and any fixed assets purchased through this Agreement to provide Public Benefits for the term of this Agreement. Should the Grant Recilpient, prior to the expiration of this period, dissolve its operations, relocate outside of King County or determine that it no longer needs the improvement acquired, constructed or improved or the equipment purchased hereunder, Grant Recipient shall notify 4Culture thereof and, upon 4Culture's request, without limiting any remedy at law or in equity otherwise available to 4Culture, such improvements (to the extent practicable) and such equipment shall be transferred, without additional consideration to a King County based non-profit art, cultural or historic organization selected by 4Culture in its sole discretion. 4CULTURE PAGE 7 I)W'1'2863185lv6OOf)0585-0007 FIN DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-761A1 EBD8A1 2 E. Grant Recipient agrees to acknowledge 4Culture support in any permanent signage produced for the Project, and all marketing and promotional materials, websites, brochures, press releases, advertisements, signage and other related materials during the period this Agreement is in force, either with the credit line "this project was supported, in part, by an award from 4Culture/King County Building for Culture Program", and/or by the use of the 4Culture logo. F. The Grant Recipient agrees to notify 4Culture whenever possible in advance of any Project Public Benefit activities, ground breaking events or dedications. G. Any Project involving construction, restoration or rehabilitation work on an historic structure is subject to the following additional requirements; Any rehabilitation and/or restoration project involving an historic resource listed on the National Register of Historic Places or a local landmarks register, or determined eligible for said registers including a resource in process of nomination, must adhere to The Secretary of the Interior's Standards for Treatment of Historic Properties. 2. Any rehabilitation and/or restoration project that would affect any designated feature(s) of significance of a King County Landmark or local landmark designated by way of an interlocal agreement for preservation services with the County, including a contributing property located within an historic dlistrict, must obtain a Certificate of Appropriateness (COA) from the King County Landmarks Commission prior to obtaining a building permit or commencing construction. 3. Any rehabilitation and/or restoration project that would affect a designated landmark located in a jurisdiction that is a Certified Local Government (CLG) with professional staff, must provide evidence that it has received any formal!, approval required by law from a qualified design review board prior to obtaining a building permit or commencing construction. 4. Grant Recipient shall provide the 4Culture with verification that the plans and specifications for any Project that is for historic preservation of historic landmarks meet the requirements of any federal, state, and local authority having jurisdiction to assist 4Culliture in complying with its obligation to verify such plans and specification to the County pursuant to Section 7A of the Implementation Agreement. Ill. DURATION'OF AGREEMENT This Agreement shall commence on the date noted on the Grant Information Sheet and shall terminate upon the later of (1) the tenth anniversary of the completion of the Project Scope of Work and payment of the final invoice therefor or (2) the termination of the Implementation Agreement (fifteen (15) years following the first date of issuance of any Series of Bonds, or the longest term of any Series of Bonds, whichever is longer). This Agreement, however, may be terminated earlier as provided in Section V hereof, 4CULTURE PAGE 8 DWT2863. 8510 0060585-000001 M DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-76lA1EBD8Al2 IV. GRANT DISBURSEMENT AND METHOD OF PAYMENT A. 4Culture shall make disbursements of Grant funds in an aggregate amount as indicated on the Grant Information Sheet solely to reimburse the Grant Recipient for its actual and authorized expenditures incurred in satisfactorily completing the Project Scope of Work and otherwise fulfilling all requirements specified in this Agreement. B. If the approved Project Scope of Work expressly specifies distinct phases of the Project for cost reimbursement, Grant Recipient may apply to 4Culture for reimbursement upon completion of each such specified phase instead of waiting until completion of the entire Project, C. All invoices for reimbursement shall include documentation that identifies vendors, details costs for labor and materials and specifies the eqluipment purchased pursuant to this Agreement (make and model #). Such documentation shall include, but may not be limited to, purchase orders or receipts for purchases. D. Accompanying the final invoice for the project, the Grant Recipient shall also submit a brief project status report and digital images of publishable quality for use by 4Culture to publicize the Building for Culture Program,. Technical specifications required for image files are available in the "Manage Your Award" section of the 4Culture website. E. All Grant disbursements are subject to site inspection and approval by 4Culture. F. If the Grant Recipient fails to comply with any terms or conditions of this Agreement or to provide in any manner the work or services agreed to herein, 4Culture may withhold any disbursement of Grant funds to the Grant Recipient until 4Culture is satisfied that corrective action, as specified by 4Culture, has been completed. This right is in addition to and not in lieu of the 4Culture right to terminate this Agreement as provided in Section, V, any other rights of 4Culture under this Agreement and any other right or remedy available to 4Culture at law or in equity. A. If, through any cause, the Grant Recipient shall fail to fulfill, in a timely and proper manner, its obligations under this Agreement or if the Grant Recipient shall violate any of its covenants, agreements or stipulations of this Agreement, 4Culture may terminate this Agreement and withhold the remaining allocation. Prior to so terminating this Agreement, 4Culture shall submit written notice to the Grant Recipient describing such default or violation. 4Culture shall not so terminate this Agreement if 4Culture determines that Grant Recipient has, within twenty (20) days of the date of such notice, fully corrected such default or violation. 4CUILTURE PAGE 9' DWF2863'V8510 0060585-000001 45 DocuSign Envelope ID: 7FA49,7BE-B9F9-4275-A63F-76lA1EBD8Al2 B. Reimbursement for Project Costs incurred by the Grant Recipient, and not otherwise paid for by 4Culture prior to the effective date of a termination under subsections B and C herein, shall be as 4Culture reasonably determines. C. In the event of termination, for cause, the Grant Recipient shall, immediately upon 4Cuilture's request and in addition to any and all other remedies available to 4Culture in equity or at law, return to 4Culture immediately any funds, misappropriated or unexpended, which have been paid to the Grant Recipient by 4Culture and all equipment, personal property and trade fixtures acquired as part of the Project Scope of Work. V1. [RESERVED] A. The Grant Recipient shall:; maintain accounts and records, including personnel, property, financial,, insurance and programmatic records and other such records as may be deemed necessary by 4Culture to ensure proper accounting for all Grant funds and compliance with this Agreement. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature expended and services provided in the performance of this Agreement. B. These records shall be maintained for a period of six (6) years after termination of this Agreement unless a longer retention period is required by law, Vill. AUDITS AND EVALUATIONS X The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by 4Culture, the County and/or federal/state officials so authorized by law during the performance of this Agreement and six (6) years after termination hereof. B. The Grant Recipient shall provide right of access to its facilities, including by any subcontractor to 4Culture, the County, state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the services provided under this Agreement. 4Culture will give advance notice to the Grant Recipient in the case of fiscal audits to be conducted by 4Culture. C. The Grant Recipient agrees to cooperate with 4Culture in the evaluation of the Grant Recipient's performance under this Agreement and to make available all information reasonably required by any such evaluation, process. The results and records of said evaluations shall be maintained and disclosed in accordance with Chapter 42.56 RCW (Public Records Act). Ix. FUTURE SUPPORT 4Culture makes no commitment to support the services contracted for herein nor guarantee regarding the success of the services and assumes no obligation for future support of the Project except as expressly set forth in this Agreement. 4CULTURE PAGE 10 DWT286318510 0060585. 000001 Er. DocuSagn Envdope ID: 7FA497BE-B9F9-4275-A63F-761A1 EBD8A1 2 1:404MOMWO12 Grant Recipient and 4Culture agree and acknowledge that the real property improved and the personal property and fixtures acquired as part of the Project are not owned by 4Culture and 4Culture does not expect to acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased under this Agreement, Grant Recipient shall not pledge or assign its rights to reimbursement hereunder to any third party for any reason, including, without limitation, to suppliers or subcontractors as security for Grant Recipient's obligations to such third parties. XI. GRANT RECIPIENT IS INDEPENDENT CONTRACTOR In providing services under this Agreement, the Grant Recipient is an independent contractor, and shall determine the means of accomplishing the resuilts contemplated by this Agreement. Neither the Grant Recipient nor its officers, agents or employees are employees of the 4Culture for any purpose. The Grant Recipient shall comply with all applicable federal and state laws and regulations regarding employment, minimum wages and hours, and discrimination in employment, The Grant Recipient is responsible for determining the compensation of its employees, for payment of such compensation, and for all federal and/or state tax, industrial insurance, and Social Security liability that may result from the performance of and compensation for these services. The Grant Recipient and its officers, agents, and employees shall make no claim of career service or civil service rights which may accrue to a 4Culture employee under state or local law, 4Culture assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of the Grant Recipient, its employees and/or others by reason of this Agreement. To the extent allowed by law, the Grant Recipient shall protect, defend, indemnify and save harmless 4Culture and the County and their respective officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from (1) the Grant Recipient's failure to pay any such compensation, wages, benefits, or taxes; (2) the supplying to the Grant Recipient of work, services, materials, or supplies by Grant Recipient employees or other suppliers in connection with or support of the performance of this Agreement, The Grant Recipient shall also defend, indemnify, and save harmless 4Culture and the County and their respective its officers, agents, and employees, from and against any and all claims made by Grant Recipient's employees arising from their employment with Grant Recipient, X1111. HOLD HARMLESS AND INDEMNIFICATION To the full extent provided by applicable law, the Grant Recipient shall protect, defend, indemnify, and save harmless 4Culture and the County and their respective officers, employees, and agents from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from the acts or omissions of the Grant Recipient, its officers, employees, and/or agents, except to the extent resulting from 4Culture's or the County's sole negligence. If this Agreement is a "a covenant, promise, agreement or understanding in, or in connection with or collateral to, a contract or agreement relative to the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, 4CULTURE PAGE 1; 1 DWT2863185 10 0060585-00000 1 47 DocuSign Envelope lD: 7FA497BE-B9F9-4275-A63F-76 1 Al EBD8A1 2 road, railroad, excavation, or other structure, project, development, or improvement attached to real estate" within the meaning of RCW 4.24.225, the Grant Recipient shall so protect, defend, indemnify, and save harmless 4Culture and the County and their respective officers, employees, and agents only to the extent of the Grant Recipient's, its officers', employees', and/or agents' negligence. 4CULTURE PAGE 12 DWT 28631851 Y6 0060585-000001 M DocuSign Envelope 0: 7FA497BE-B9F9-4275-A63P-761 Al EBD8A1 2 The Grant Recipient agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by or on behalf of any employees, or agents. In the event 4Culture or the County incurs any judgment, award and/or cost arising therefrom including attorneys' fees to enforce the provisions of this article, all such fees, expenses, and costs shall be recoverable from the Grant Recipient. X111. INSURANCE REQUIREMENT'S A. Grant Recipient shall procure, at its sole cost and expense, Commercial General Liability insurance against claims for injuries to persons or damages to property which may arise from, or in connection with the performance of work hereunder by the Grant Recipient, his agents, representatives, employees, and/or subcontractors. The costs of such insurance shall be paid by the Grant Recipient or subcontractors. Each policy shall be written on an "Occurrence" basis, B. Minimum Scope of Insurance shall be Insurance Services Office form number (CG 00 01 Ed. 11 -88) Minimum Combined Single Limit of $1,000,000 13I & PID with a General Aggregate per project. C. Deductibles and Self Insured Retentions Any deductibles or self-insured retentions must be declared to, and approved by, 4Culture. The deductible and/or self-insured retention of the policies shalli be the sole responsibility of the Grant Recipient. Self-insured entities may provide a letter attesting to that fact in lieu of a COLI, D. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: General Liability Policies a) 4Culture, its officers, employees and agents are to be covered as primary additional insureds as respects liability arisingi out of activities performed by or on behalf of the Grant Recipient in connection with this Agreement. b) To the extent of the Grant Recipient's negligence, the Grant Recipient's insurance coverage shall" be primary insurance as respects 4Culture, its officers, employees, and agents. Any insurance and/or self-insurance maintained by 4Culture, its officers, employees, or agents shall not contribute with the Grant Recipient's insurance or benefit the Grant Recipient in any way. C) The Grant Recipient's insurance shall apply separately to each insured against whom claim is made and/or lawsuit is brought, except with respect to the limits of the insurer's liability. 4CULTURE PAGE 13 DWT2863185 I v6 0060585-00000 1 W Docu&gn Envelope ID 7FA497BE-B9F9-4275-A63F-761AlEBD8Al2 2. All Policies a) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except as reduced in aggregate by paid claims, at any point during the life of this Agreement. No material change, or cancellation or nonrenewal of any policy required by this Agreement shall occur without thirty (30) days' prior written notice to 4Culture. E. Acceptability of Insurers Unless otherwise approved in writing by 4Culture, insurance is to be placed with insurers with a Best's rating of no less than A:VIII, or, if not rated with Best's, with minimum surpluses the equivalent of Bests' surplus size VIII. F. Verification of Coverage 4Culture, reserves the right to request that contractor submit documentation evidencing compliance with all requirements set forth above. XIV. CONFLICT OF INTEREST Chapter 42.23 RCW (Code Of Ethics for Municipal Officers -- Contract Interests) is incorporated by reference as if fully set forth herein and the Grant Recipient agrees to abide by all the conditions of said Chapter. Failure by the Grant Recipient to comply with any requirements of such Chapter shall be a material breach of contract. In addition, Grant Recipient represents, warrants and covenants that no officer, employee, or agent of 4Culture who exercises any functions or responsibilities in connection with the planning and implementation of the Project Scope of Work funded herein, has or shall have any beneficial interest, directly or indirectly, in this Agreement. The Grant Recipient further represents, warrants and covenants neither it nor any other person beneficially interested in this Agreement has offered to give or given any such officer, employee, or agent of 4Culture, directly or indirectly, any compensation, gratuity or reward in connection with this Agreement. The Grant Recipient shall take all appropriate steps to assure compliance with this provision. 4CULTURE PAGE 14 DWT286318510 0060585-000001 50 DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-761A1 EBD8A1 2 0 • z 191 &M a I kyj I I z EVROW, Dluring the performance of this Agreement, Grant Recipient agrees that it shall not discriminate on the basis of sex, race, color, marital status, national origin, religious affiliation, disability, sexual orientation, gender identity or expression or age except by minimum age and retirement provisions, unless based upon a bona fide occupational qualifications. Notwithstanding the definition of contract as set forth in K.C,C, chapter 12,19, the provisions of that chapter and related administrative rules shall apply to this Agreement and are incorporated herein by this reference. They are also available online at: http; //kingcounty.gov/operations/procurement/services/egual benefits.aspx Grant Recipient shall comply fully with all applicable federal, state and local laws, ordinances, executive orders and regulations that prohibit such discrimination, These laws include, but are not limited to, chapter 49.60 RCW, and Titles VI and VIl of the Civil Rights Act of 1964, Any violation of this provision shall be considered a default of this Agreement and shall be grounds for cancellation, termination, or suspension, in whole or in part, of this Agreement and may result in ineligibility for further agreements with the County and/or 4Culture. The Grant Recipient shall maintain, until 12 months after completion of all work under this Agreement, all written quotes, bids, estimates or proposals submitted to the Grant Recipient by all businesses seeking to participate in this Agreement. The Grant Recipient shall make such documents available to the 4Culture for inspection and copying upon request. XVI. TAX COVENANTS OF GRANT RECIPIENT Grant Recipient acknowledges that the Grant will be funded from the proceeds of Tax Exempt Bonds and that the uses of the Grant proceeds and the Project by Grant Recipient may impact the continued tax-exempt status of the Tax Exempt Bonds. Grant Recipient agrees take any and all actions reasonably requested by 4Culture or the County necessary to prevent interest on any Tax-Exempt Bonds from being included in gross income for federal income tax purposes. Grant Recipient further agrees that it will neither take any action nor make or permit any use of Grant funds or other (or of any other funds that may be deemed to be proceeds of such Tax-Exempt Bonds pursuant to Section 148 of the Code), at any time during the term thereof, that will cause interest on such Tax-Exempt Bonds to be included in gross income for federal income tax purposes. XVIL ADDITIONAL COVENANTS OF GRANT RECIPIENT Grant Recipient covenants as follows: A. Compliance with Laws. Grant Recipient shall comply with all applicable laws,, rules, regulations and orders of any court or governmental authority that relate to this Agreement or the Project. These laws, rules, regulations and orders are incorporated by reference in this Agreement to the extent required by law. 4CULTURE PAGE 15 I)WI'2863185lv6OO6(�585-0,C)OO(I 51 DocuSign Envelope ID: 7FA4976E-B9F9-4275-A63F-761A1 EBD8A1 2 B. Real Property, Legal fifle to all real property financed with the Grant shall be owned in fee simple by Grant Recipient, or under a lease the term of which is at least as long as the term of this Agreement, in either case free and clear of all encumbrances other than minor encumbrances, except as expressly approved in writing by 4Culture. Grant Recipient shall maintain a standard form of title insurance policy for the value of the purchase price of the property, and where appropriate will purchase endorsements to that policy in amounts to cover improvements, Where Grant Recipient suffers a loss that is covered by title insurance, insurance proceeds will be paid to 4Culture, not to exceed the amount of the Project Costs that are attributable to the real property, C. Operation and Maintenance of the Project, Grant Recipient agrees to construct the Project in accordance with the Project plans, specifications and budget and to contract with competent, properly licensed and bonded contractors and professionals in accordance with all applicable federal:, state and local laws regulating construction of the Project. Grant Recipient agrees to have plans and specifications for the Project prepared by a licensed architect or licensed engineer unless expressly approved otherwise in writing by 4Culture. Grant Recipient shall, operate and maintain the Project in good repair and operating condition so as to preserve the Public Benefits of the Project, including making all necessary and proper repairs, replacements, additions, and improvements. D. Sales, Leases and Encumbrances. During the term of this agreement, Grant Recipient shall not sell, transfer, encumber, lease or otherwise dispose of any property the payment for which Grant Recipient receives reimbursement hereunder as a Project Cost, unless 4Culture has granted it prior, written, consent. Any such sale, lease, exchange, transfer or other disposition of any substantial portion of or interest in the Project shall: be subject to assignment of Grant Recipient's obligations with respect to the Project as provided in this Agreement. The assignee shall be subject to 4Culture's prior written approval, which shall not be unreasonably withheld. It shall not be unreasonable for 4Culture to withhold such approval if the proposed assignee fails to demonstrate to the reasonable satisfaction of 4Culture that it possesses the financial resources and operational experience necessary to undertake the Project in accordance with the Agreement and to satisfy the indemnification obligations to be assumed under the Agreement by such assignee. Such assignment also shall be in form acceptable to 4Culture in its reasonable discretion. In the case of sale, lease, exchange, transfer or other disposition of any substantial portion of or interest in the Project to an assignee not approved by 4Culture, or pursuant to an assignment the form of which 4Culture has not approved, Grant Recipient shall, within 30 days of receipt of any proceeds from such disposition, pay such proceeds to 4Culture, not to exceed the amount of the Project Costs previously reimbursed hereunder that is attributable to the property, unless 4Culture agrees otherwise in writings. E. Condemnation Proceeds. If the Project or any portion is condemned, within 30 days of receipt of any condemnation proceeds, Grant Recipient shall pay such proceeds to 4Culture, not to exceed the amount of the Project Costs previously reimbursed hereunder that is attributable to the property unless 4Cultuire agrees otherwise in writing. 4CULTURE PAGE 16 IOW F2863 1851%,6 0060585-000001 52 DocuSign Envelope ID 7FA497BE-B9F9-4275-A63F-761A1EBDBA12 F. Covenants Run with the Land, 4Culture and Grant Recipient acknowledge that the covenants and promises of Grant Recipient hereunder "touch and concern" Grant Recipient's real property on which the Project will be implemented as more fully described in the Project Scope of Work and that 4Culture and Grant Recipient intend that these covenants and promises run with the land and will bind Grant Recipient's successors and assigns. Qluu��I� A. MODIFICATIONS. No modification or amendment of this Agreement shall be valid unless made in writing and signed by the parties hereto. B. NO WAIVERS. 4Culture's failure to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. C. SEVERABILITY. In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. D. ENTIRE AGREEMENT, This Agreement contains the entire agreement and understanding of the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous oral and written understandings, agreements, or other undertakings between the Parties. E. ATTORNEYS" FEES; EXPENSES, Grant Recipient agrees to pay upon demand all of 4Culture's costs and expenses, including attorneys' fees and 4Culture's legal expenses, incurred in connection with the enforcement of this Agreement. 4Culture may pay someone else to help enforce this Agreement, and Grant Recipient shall pay the costs and expenses of such enforcement. Costs, and expenses include 4Culture's attorneys' fees and legal expenses whether or not there is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (and including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services. Grant Recipient also shall pay all court costs and such additional fees as may be directed by the court. F. NO COUNTY LIABILITY FOR 4CULTURE LIABILITIES. 4Culture is organized pursuant to County Ordinance 14482 and RCW 35.21.730, et seq. RCW 35.21.750 provides as follows: "[All] liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively from the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." 4CULTURE PAGE V7 DWT2863 1951 v6 0060585-0000M 53 DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-761A1 EBD8A1 2 G. SANDING ON SUCCESSORS AND ASSIGNS; MEMORANDUM OF AGREEMENT. This Agreement shall be binding upon the successors and assigns of Grant Recipient. In 4Culture's discretion, prior to the disbursement of grant funds hereunder, the parties will execute, acknowledge and record with the King County Recorder a memorandum of this Agreement in a form approved by each party, which approval shall not be unreasonably delayed,, conditioned or withheld. H. NOTICES. Any notice, consent, demand, or other communication hereunder shall be in writing and shall be deemed to have been given if delivered in person or deposited in any United States Postal Service mailbox, sent by registered or certified mail, return receipt requested and first-class postage prepaid, addressed to the Party for whom it is intended as indicated on the Grant Information Sheet (as may be changed by written notice to the other Party pursuant to this provision): INTERPRETATION. The section and subsection captions in this Agreement are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement, TIME. Time is of the essence with respect to the performance of all obligations of this Agreement. K. GOVERNING LAW, This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, The venue of any suit or arbitration arising under this Agreement shall be in King County, Washington and if a lawsuit, in King County Superior Court. L. THIRD, PARTIES. Except as expressly provided herein, nothing in this Agreement shall be construed to permit anyone other than the Parties hereto and their successors and assigns to rely upon the covenants and agreements herein contained nor to give any such third party a cause of action (as a third-party beneficiary or otherwise) on account of any nonperformance hereunder. M. SURVIVAL. The terms and conditions of Sections 1,11.D, VII, VIII, X1, XI�I, XIII, , XIV, XV, XVI and XVIII !shall survive the termination of this Agreement and shall be continuing obligations of the parties. 4CULTURE: 4CULTURE PAGE 18 DW'1'28631851v60060585-00000l 54 GRANT RECIPIENT- Enter Your Name DocuSign Envelope ID: 7FA497BE-BgF9-42!75-A63F-75IAlEBD8AI2 4CUtTURE PAGE 19 1 )W 1'28631951 v6 0060585-000001 55 56 DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-761A1EBD8Al2 2015 Fieritage CL]ItUrai Facilities City Of TUkwila Flarks and Recreadon Department Address Website 12424 42nd Ave S Tukwda Washington Email 98168 Shipping Address 12424 42nd Ave S Tukwila Washington 98168 Phone (206)767- 2.342. Pax (206) 767-2341 Revenue last fiscal year $2,373,049 Revenue 2nd to last fiscal year $2,210,778 King County Council District # 8 WA State Legislative District # 11 Date Incorporated 06/23/1908 Federal Tax ID 91-6001915 WA State UBI# Organization Director Director of Parks and Recreation, Mr. Rick Still Is the Organization Director the primary contact for this application? No Director Email rick.sUll@tukwilawa.gov Director Phone (206) 767-2344 Mission The mission of the Parks and Recreation Department is to enhance the quality of Iffe for residents, businesses and visitors through quality recreational opportunities, services, and facilities; and to serve as a steward for recreational and historical properties. Project Title Duwamish Hill Preserve - Puget Sound Salish Cultural Garden Short Project Description Complete installation of Puget Sound Salish Cultural Garden, exhibiting and interpreting native plants of King County used for traditional foods, crafts and other cultural practices. Project Discipline(s) Heritage Interpretation 57 DocuSign Envelope 10: 7FA497SE-B9F9-4275-A63F-761AIEBD8Al2 Amount Requested $250,280 Total Project Budget $2,544,480 Venue Address Duwmm:sh*U| Preserve 3800 115th Street Tukwila Washington 98168 Project Venue Notes urComments own King County Council District # WA State Legislative DUstrict# zz Contact Person Tukwila Porks&, Recreation Manager, Mr. Dave Johnson Contact Phone (2O6)767-23Q0 Contact Email dave.johnson@tukvvi|awo.gov Project Description Describe the project for which you are seeking funds within the context or your vrgawiznomn's history, mission and goals. Make o case for why this project, wr completing this phase nvaproject, is a priority for your organization =t this time. x,the project involves restoration o,rehabilitation of = u==/gn=trd historic property, describe how the proposed work complies with the applicable Secretary or Interior's Standards for the Treatment vfHistoric Properties ormca�/ design review guidelines. We suggest you use about 2smwords. The City of Tukwila requests $250,280 to support completion of our 3.3 acre Puget Sound Sa|ish Cultural Garden at the Duwannish H|N Preserve, BACKGROU0D� Duwarnish Hill Preserve is m 10.5 acre property that includes 40 mNUmm year old rock outcroppings, unique native plant Communities, and 600 feet of shoreline on the Duvvannish River. The Hill's summit offers territorial views ofMt. Rainier, the DmwamUshVaUey and the downtown Seattle skyline. The City of Tukwila, Forterrm (formerly Cascade Land Conservancy) and the Friends of the HiN (volunteer neighborhood group) began working together in 2001 to protect the property when the then- owner proposed to develop it. Culturally significant for its association with Puget Sound Salish (Lushootseud) oral traditions, the HM is a key location in the stories known as the "Epic of the YVimds.~ In 2004, Forterra and the City acquired the initial 8.6-acre upland parcel, and in 2012 project partners purchased the adjacent 1,9-acre flat parcel. Protection of this cultural property has created one of King County's few public open space properties that interprets Native American heritage, The City owns and manages the Preserve; Forterma netainsa stewardship easement and is actively involved in restoration In consultation with the Muck|eshoot and DuwamishTdbes, during 2005-09 project partners undertook Phase restoration on the upiand portion mf the property, which opened bmthe public in 2010, following completion of trails, viewpoints, an outdoor classroom, and landscape restoration. The first school field trips took place in 2010-11, and hundreds ofvolunteers have worked to, remove invasive species and debris, and to plant and monitor native plants in several habitat areas. Eight original artworks (interpretive benches) depicting the property's cultural and natural heritage were installed in 2011, and have become icons of the Preserve. In 2011, the Preserve received the King County Executive's Historic DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-761AIEBD8Al2 Preservation Award for Excellence in Restoration. CURRENT WORK (Phase 2): The flat northwestern 3.3 acres of the Preserve are now being transformed into a cultural landscape showcasing five distinct lowland habitat areas - wetland, meadow, prairie, savannah, and woodland - based on the communities of native plants having traditional cultural uses not oniy for ancestors of the region's indigenous people, but also for contemporary tribal members and others interested in traditional cm|Luna[ practices. The intent here is not to create another display garden - with more than three acres of restored habftatevaUabie, plantings M| be in sufficient quantities to provide for sustainable annual harvests for basket making, preparation oftrad�itloma| foods, and other cultural purposes, in addition to opportunities for heritage interpretation and recreation. Ecological restoration of the Phase 2 project area will feature permanent exhibits of native plants selected in consultation with the Muck|cshoot and Duwarnish Tribes and members of the Northwest Native American Basket Weavers Association. Phase 2 will re-establish and rmakeaccess|b)e a variety of species with traditional cultural uses, including cedar, basket sedge, tu|e,s, camas, oak, beargrass, crabapple, sa|rnonberry, and many others. Interpretive signs with English, Latin and Lmshootseed plant names will describe traditional cultural uses. A|ange-scaAe etched granite artwork "Puget Sound SaUsh Seasonal Round" designed by MebLe Hanson will provide afocal point and central gathering place for the Phase 2area. Sandstone and etched metal benches located |m the garden will interpret heritage themes related to trod[timna� ecological know|edge. Following establishment of the cultural garden, stewardship guidelines and protocols for sustainable harvest will be developed, with the goal of making some of the plants avaitab|e for use each year, addressing a need identified by contemporary tribal members and other cultural educators for access to traditional resources hound in lowland (urbanized) areas. Education programs about plants and Native culture wffl provide public benefit in exchange for the use of these resources. PRIORITIZATION: Fortunately, we secured two WA Heritage Capital Projects grants totaling $650,800 toward Phase 2, along with other smaller grants; unfortunately we had to start spending the state's funds before we secured all of the funds needed for Phase 2. We sequenced work into Phase ZA consisting primarily of earthwork, trail construction, and wetland/meadow establishment; and 2B consisting of interpretive elements and rema�ning landscape exhibots. Although we had to complete the earthwork portion first for |og|st|ca� reasons, our highest priority now �s to secure funds to complete Phase JB and open this area to the pub||c. Funds from 4Cultumaare specifically requested to support the following elements of Phase 2B: establishment of meadow and woodland landscapes, design and fabricot�on of an entrance kiosk, interpretive benches (5), and interpretive signs (12). Kiosk, benches and signs are consistent with Phase 1 interpretive fixtures which are intentionally subtle, and combine organic and industrial materials inspired by the area's *atwns| and cultural history. ORGANIZATIONAL CONTEXT: The Preserve is important in the context of the Tukwila Parks & Recreation (MR) Department, and the City ofTukmi\a'shistory, rn|sshmm and goals for several reasons. The Hill was an endangered cultural site that is significant to area Tribes; it is located ln a diverse, low income community that is under-served in terms ofopen space; there is high level of community support and involvement led by the Friends of the Hill; and the Tukwila School District has adopted the site as an outdoor classroom. Tukwila P&R. staff support tn two citizen advisory boards, the Parks Commission and Arts Commission, and manage more than 20 parks and community facilities, including significant archaeological resources and public artworks. PRESERVATION GUIDELIWES� Ethnographic documentation identifies Duvvamish Hill Preserve as having the Lmshoutseed place name ofStqi)x` or "Beaver Lodge.~The Preserve is potentially eligible for Natlona| Register listing as part of a Traditional Cultural Property district, along with three nearby related sites, a process that the Mwck|eshnntTrihe's cultural resources staff is |eading. Restoration work at the Preserve is consistent with the Secretary of the Interior's Guidehnes for Treatment of Cultural Landscapes, including identification of character-defining features, assessment of how the landscape has changed over time, and preservation of historic fabric (plant material end geological features). DocuSignEnvelnpe 0: 1mEBoBA12 Project Impact Explain why this project is a priority for your organization and what planning you have undertaken to prepare for this project. Describe how this project will impact your organization's operations, and how m will benefit your community, King County, unuerserved areas and/or audiences. Use quantifiable numbers in describing how this project will impact your npoavozamun^s ability to interpret King County history. We suggest you use about 250 words. PRIC>RITIES& PLANNING: The Preserve is our phority because it represents an outstanding opportunity to interpret Native American heritage, and provides a touchstone for our multi-ethnic community through its focus on traditional cu|tuna� practices. Plann�ng began with Master Plan development (2007) and Phase 1 design (2009) with input from the Tribes, Tukwila Historical Society, local residents, and other stakeholders. Landscape architects at5vR Design, and artist/interpretive planmerMette Hanson, developed the Phase 2desigm with broad stakeholder input. Phase 2 restoration is prioritized inTuhwi|a'sCapital Improvement Plan; the City contributed $750,000 toward acquisition of the West Parcel and $335,008 toward Phase 2 design. The City Council adopted a ~VVa1k and Ro||^ pedestrian and bicycle plan, which includes a future tnai| a8omg the west side of the Preserve in the historic Interurban rail corridor, creating a multi-modal link from the existmg Green River Trail to the planned Light Ra|�statinn 1/4 mile to the north. An Education &Interpretive Plan (2011) guides development Of Our interpretive 0rpgrnnn and K-12 education. OPERATIONS: Tukwila P&R operates the Preserve as part ofits park system, with a focus on opportunities for heritage education and passive recreatium. Forterrai retains Stewardship Easement (ownership and management interest), and ensures, that habitat stewardship, tribal cuXtura| concerns, and educational and interpretive objectives are addressed. P&R maintenance staff is responsible for the Preserve, and Friends of the Hill work parties help with removing invasive plants, planting and monitoring native species, and other tasks. Twice each year, the Preserve welcomes 5D-1OU volunteers for DuwamishA|iva events, a major regional effort to reclaim and restore properties along the Duwarnioh River. PROJECT IMPACT & PUBLIC BENEFIT: The primary impact of the project is to make Puget Sound 5aUsh heritage more visible in King County. The project re-connects tr�bm| communities with their traditional lands, provides access to those lands, and builds relationships between contemporary tribal and non - tribal communities. This project directly serves the ethnically diverse, working class community of Tukwila, where 8096 of district students qualify for free nr reduced-price meals, and 3796 are transitional bilingual speakers, an indication of the population who are recent immigrants. The Duvvannish Valley had the largest concentration of pre-contact Native American wintervi|Vages in all mfKing County, The Preserve presents an opportunity to introduce Tukwiia's (and King County's) current residents to the area's Native American culture through traditional stories, place names, and environmental awareness, as an "outdoor museum" interpreting these endangered aspects ofimca] heritage. With community involvement in Phase 2 and ongoing public access to the Phase 1 area, our project has good momentum and visibility. With recent openings of tribal museums atTu|a0p and Suquamish, and cultural programs at the nearby Dowamish Lnnghouse, we anticipate that public interest in regional Native American heritage will grow. The Preserve offers an opportunity for tourists and King County residents to visit a Aandscapethat celebrates both the antiquity and the survival of Native American cultures in our region. In terms of public access, each year over 500,008 peop�e access nearby P&Rfad|iMes (Starhre Sports Park at Fort Dent, Foster Golf Course, Tukwila Community Center, and Green RiverTnyi|). Users of these facilities will be encouraged to visit the Preserve through directional signage and promotional information. As the cultural significance of the site becomes better known through media and educational programs, residents and visitors who want to know more about local Native American heritage will seek out the site. oouu8ign Envelope 0:7F**e7BEa9F9-4ure~^smF-7e1*xEBo8x12 HERITAGE INTERPRETATION: Acquisition of the West Parcel more than doubled the Phase 2 project area, greatly expanding opportunities for interpretative displays and programs related to the cultural landscape. The link between traditional stories, Lushomtseed place names and native plants ia strong im the area surrounding the Preserve - rock outcroppings bear the names of characters in the Epic of the Winds stories (also called North Wind and South Wind), and these characters weave baskets out of cattails, cedar roots and other materials, to collect rain water and flood the Duwnmmish River. This battle of the winds is re-enacted annua|�y during tempestuous spring storms when Chinook winds bring warm rains that chase away winter weather. Visitors to the Preserve have a chance to |eairn first-hand about several aspects of Puget Sound Sak|sh oral tradition. Relevant Expertise / EwPerience/ Accomplishments Identify relevant members °, your staff, »utm paid and volunteer, outside consultants, design team, p,ojectmvawvger(s), and their respective qualifications and responsibilities. Be sure your project's key personnel reflect expertise in the project area. We suggest you use about 250 wvmmm. The Preserve Management Team, comprised of City of Tukwila and Fmrtcrna staff, Friends of the Hill, and project consultants, has worked collaboratively for more than a decade. Phase 3 restoration will be managed by Dave Johnson, P0,R Manager. Tukwila P&R staff directed Phase 1 work at the Preserve in partnership with Forterra, led the Management Team's efforts, developed budgets for the project, and managed cmrnnnunity outreach. In addition, a landscape architect on the Tukwila Public Works staff will provide in-kind des�qn services for Phase 2B planting. Fmrterra project lead Hayes5minmey, Lands Stewardship Director, works closely w0 City staff, and has been involved in several nfFmrterra'smajor restoration efforts in King County. Nate Cormier, landscape architect at SvR Design, led the Master Plan and Phase 1 and 2 design development processes; he recently decamped out of state but his colleagues ]mnn|har Lathrop and Justin Martin are ably providing construction administration and design oversight. Artist and interpretive planner Matte Hanson (known for her work for Forterra, IsUandvvnod, and Woodland Park Zoo) created eight stone and nnete| interpretive benches for Phase 1 conveying natural and cultural history themes, and she will design five rnore for Phase 2. Shea�su designed the Seasonal Round gathering place, and will design and oversee construction of the kiosk and interpretive signs. Cultural resources consultant Holly Taylor developed the Education &Interpretive Plan for the Preserve, and assists with tribal consultation, development ofheritage inLerpreUvecontent, and fund raising. Other members of the ManagermentTmam include landscape architect Brooke Alford (Friend of the Hill, Watershed Steward and Tukwila P�anningComno�ssioner); and Sean Albert (Friend ofthe Hill and Tukwila Parks Commissioner), who lead volunteer recruitment and community engagement, and serve as neighborhood advisors. Project Implementation Clearly state your project's timeline and priorities. Evpx,m how you expect this project to be implemented. Summarize in simple language the work that will be completed with 4Culture funding. Identify other funding sources, cash and in-kind, to demonstrate community support for this project. zr you have a|vnm-trrm^ complex project, describe the "big picture" project and: umemnnfor completion, along with specifics about the phase for wx/wm funding is requested. vwm suggest you use about 250 words. After acquiring the West Parcel in 2012, we undertook a series of planning studies on the Phase Z project area in 2013-14, completed design development in early 2015 and began Phase 2A construction in July 2015. We are prepared to commence with Phase 2B work as soon as funding is available. Our project budget highlights the elements for which we are requesting 4Cultume funding, and presents them in priority order: (1) design work on the kiosk, benches, and signs; (2) installation and establishment of remaining cultural landscape areas; (3) entrance kiosk (plus permits); (4) interpretive benches; (5) interpretive signs. It would be efficient and preferable to proceed with all of these tasks in DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-76lAlEBD8Al2 early 2016 so that we can open the completed Phase 2 a:reatothe public by summer 2016 without delay; however, it would be possible to prmceedsuquenda8y as funding is secured. The management team deferred one element of Phase 2, construction of program shelter, umW mid-2016, after earthwork and plantings are completed and the area is open to the public, so that sight lines and visitor habits (including use of formal and inforrna� trails, and experiences ofvisiting K-1Zdasses) can be taken into account im finalizing the shelter's location and proceeding with dms�gn. 4Cu8ore's support for this project provides tangible recognition of the cultural value of the Preserve. Unlike museums which collect and interpret artifacts, with this project the landscape itself isa curated artifact, and the "exhibits" are living examples of restored native plant communities, with interpretation focused on the traditional cultural uses ofthese resources by Puget Sound Sa|ish people. Forberra hosts the Preserve's web site www.duwarmishh|N.org (also linked from Tukwila P&R) which will be expanded in the coming year to include educational and interpretive naswurces. In addition to web posting, project puNicity is sent to area media incuding the Seattle Times, community newspapers in Burien, Renton and West 5eaUfle, and the TukMa b|og. We also contribute articles to the City of Tukvvi|a's newsletter and Forterra's quarterly magazine (online and pr�nt). Project information is also shared with the Green Duwarnish Watershed Alliance and the Duwamish River Cleanup Coalition which seek to promote puMc interest in the river. We are delighted that the Preserve was featured in this year's Duvvannish Revealed project, and has hosted regional gatherings of educators for storytelling and programs about the Duvvanmish River Valley. In terms of the "big picture^ of the Dummrnish Hill Preserve project, im|da| acquisition was completed in 2004 for $998,700; Phase 1 was completed in 2010 for $825,000; and project partners raised another $1,050,000 to acquire the West Parcel in 2012. Funding for acquisition, planning, a,nd Phase 1 and 2 design and construction has been provided by multiple grants from at least ten different public agencies; a dozen corporate, tribal and foundation funders| and many individual donors who gave either money or t[nne. We appreciate 4[u|ture's support for every step of this project, including most recently for acquisition of the West Parcel ($50,000) and archaeological survey ($13,6OO).VVeare proud that the Preserve's cultural and natural resource values are reflected in the brood support from both environmental and heritage funders. Externally Hosted Work Samples Dccu&gn Envelope IID 7FA497BE-Bgf��,9-4275-A63�-76IAlFB08Al2 4CULTURE 2015 FACILITIES PROJECT BUDGET i I EXPENSE I Cash Expense I ln�Klnd DE9IGN: �SvR Landscape Arch + subs 1 "19,0001 Mette Parison des�pro�.mgmt 44fl'Mul CONSTRUCTIOW Pre-plann7g slud�es Phase 2A (currently unaerway) 2A gatheiring pIace artwork $30,M !Phase 26 inslaflation TfJ1-6) $6,40�' Friends of the Hill work parties Program shelter PROJECT MGMT: ,7ty-77—uRwila staR $99710 'FURNITURE, FIXTURES & EQUIPMENT�! Three-Mcled entrance kiosk $20,550 Five standstone bench MOM $10,GOO Etaed Mal 1M. bencFbacks $15,007 12 etched metal Werp. s�gns $719 SOFT COSTS: Shoreline, bIdg perFE71FUT-1 $6,157 LAINDIBUILDING ACQUISITION: West Parcel acqu�sifion FINANCING: so[ FUNDRAISIING: OTHER: Archaeology moMtoring, conFn "7001 TOTALS: $2,4"�UIIA GRAND TOTAL EXPENSE: $2,544,480 CASH + IN-KIND MAIL 63 DocuSign EnvOcpe U 7FA49ZBE-B9F9-4275.A63F-761IAlEBDBA12 4CULTURE 2015 FACILITIES PROJECT BUDGET PROJECT BUDGET NOTES; City of TulkwIlia Parks and Recreation Department Use the space below to add any additional information you feel is necessary to explain a category or line item [INCOME) government funding: al:l cash income is confirmed and committed to Phase 2 except WA Recreation & Conservation Office, which will be requested for next year, along with the Muckleshoot grant, for the (deferred)� program shelter. In-kind City staff: P&R Director 4hrs/mo x 24 me.; P&R mgr 60 hirs/mo. (2015 major construction), 20 hrs/mo (2016); P&R dep.& admin assist each 10hrs/mo. Staff serve as project managers for contracting & construction, supervise field staff on cap project, grant admin. Other staff in-kind is targeted construction tasks that maintenance staff can efficiently perform (fence removal, irrigation installation), and suppiemental design tasks. In-kind work parties: Friends of the Hill avg. 15 people x 3 hrs x 4 per year x $20/hr = $3,600 per year; Duwamish Alive events at least 50 people x 3 hrs x 2 per year x $20/hr = $6,000 per year. Alf in-kind is 2015-2016. [EXPENSES) design: SvR fee = City CIP funds; Mette's Phase 2B fee (structures design, content, graphics, fabrication oversight) $S,000 for entrance kiosk, $16,000 for benches; Mette's work on Phase 2A Seasonal Round artwork & interp. sign design included in SvR fee. Preplanning studies = King Conservation District (hydrology, soil, topography, crew time) and 4Culture funds (archaeological survey) Construction phase 2A and gathermg place artwork = WA HCP funding; work is currently underway and includes major excavation to remove & relocate up to 6 feet of fill in wetland areas, pius trails, soil prep, some planting, irrigation, erosion control, etc. Construction phase 2B installation combines conservation crew days & volunteers, reducing costs by $140,000 compared to commercial bid; installation inciudes, plants, crew time, soil prep, establishment for woodland IdrV/wet buffer, forest, shrub areas), meadow area! Program she,lter: this element will be deferred as phase 2C, following completion of phase 2A and 2B, to that siting and design decisions can better take into account visitor needs and habits. Any unneeded contingency funds will be applied here, Kio,sk to be fabricated from peeled cedar logs, with custom metal armature, in keeping with Phase I design aesthetic which combined organic and industrial materials (materials $5,750; construction/installation $6�,500; panel design, fabrication, installation $8,300) Interpretive benches made from blocks of Wiikeson sandstone (sirnilar to what was quarried in Tukwila ca. 1900) w/etched metal artwork on traditional ecological knowledge themes; design for 5 new benches is consistent w/8 benches installed on the Hill in 2010 Interpretive signs (12 free standing) incorporate Duwamish traditional basketry design, identify cultural landscape elements, describe traditional cuitural uses of plants Permits for kiosk construction are outrageously expensive due to state shoreline management jurisdiction, We tried to negotiate a more reasonable fee, and we got nowhere with that. Acquisition = City REET (Real estate excise tax), King County Conservation Futures and 4Culture funding Fundraising and cultural resource planning = City funding M. DocuSign Envelope 0: 7FA497BE-B9F9-4275-A63F-76lAlEBD8AI2 YO�UR ORGANIZATION NAME: Tukwila Parks and Recreation Dept. Your fiscal year ends: 12/31 ACTUAL ACTUAL THIS YR DO NOT INCLUDE ANY CAPITAL INCOMEIEXPENSEI 20,13 2014 20,15 Operating Expenses: Personnel: 1 - Artistic 2 - Production 3 - Administrative 4 - Education (Rec staff incl. arts & Culture) Production/Exhibition expenses Marketing/Promotion expenses Fundraising expenses Education program expenses Occupancy expenses Travel and Transportation Administrative expenses SUBTOTAL in-Kind expenses (= In-Kind Income) TOTAL OPERATING EXPENSES 375,057 445,860 333,287 1,835�,721 1,927,189 1,362,240 2,210,778 2,373,049 1 �6,95,527 2,210,,778 2,373,049 1,695,527 Earned Income: Box Office/Adm�ssions Memberships Tuition/Wo�rkshops Concessions Sales/Rental Interest & Investment Income Other earined income TOTAL EARNED INCOME Earned income percentage 440,000 566,000 470,000 440�000 566,0010 470,000 20% 24% 28% EARNINGS GAP (1,770,778) �1,807,049 (1, 25,527) Contributed Income: ArtsFund Corporations Foundations Federal Government (NENNEH/lIVIS) State Government 4CULTURE City Government Individuals Benefits / Galas / Guilds ln-K�nd contributions (= In-Kind expenses) Other contributed income Transfers from reserves/endowment TOTAL CONTRIBUTED INCOME Contributed income percentage GRAND TOTAL INCOME 1,770,778 1,807,049 1,225,527 1,770,778 1,807,049 1,225,527 80% 76% 72% 2,210,778 2,373,049 1,695,527 SURPLUS (OR DEFICIT) Depreciation (express as a negative) SURPLUS OR JD,EFICIT) after depreciation 0 0 0 0 0 65 Oocu8ign Envelope ID: EBD8Al2 Tukwila Parks and Recreation Department A note regarding the balance sheet: As a public agency, we do not have the opportunity to allow our expenses to exceed our income in any given year, therefore balance sheet would simply replicate the income and expense figures submitting in our operating budget. Based on consultation with Eric Taylor, we have omitted the balance sheet. DocuSign Envelope ID: 7FA497BE-B9F9-4275-A63F-76IA1EBD8Al2 TUKWILA PARKS & RECREM-10N City of Tukwila Park Commission Membership: 5 members/3-year term Board Type: Advisory Liaison: Parks and Recreation Department Representative Major duties: Advise City officials regarding the acquisition, development, expansion and operation of parks and recreational facilities and programs. Appointed by Mayor, Confirmed by Council, Ord. 1018 Position Member Term Expires Confirmed by Council #1 (Resident) Sean Albert 03/31/2016 08/03/2009 #2 (Resident) Alice Russell 0'3/31/2018 12/01/2003 #3 (Resident) Joanne McManus 03/31/2017 04/19/1999 #4 (Resident) Michael Martin 03/31/2018 04/06/2015 #5 (Resident) Don Scanlon 03/31/2017 04/18/2011 Student Rep. vacant 67 Dnnveign Envelope ID: 1fwEBD8Al2 CITY ()FTUKWILA'S PARKS AND RECREATION DEPARTMENT - PROGRAMS AND SERVICES The City ofTukvv|a's Parks and Recreation Department offers o wide range of events, programs and activities to Tukwi|a's citizens and the general pub|ic. Programs are designed for people of all ages, abilities, and incomes with a focus on providing opportunities that enhance a person's quality of life through social, environmental, and wellness activities. In addition to programs, a variety of annual events are held throughout the Ciby. Events focus on providing resources, building community, and creating opportunities for cultural enrichment. The program areas oy focus include the following; Community Events offered throughout the year at various sites include the following; Event Brief Description Annual Attendance Pre School Aged The Department provides a pre-school, program for 80O Activities children two and a half to four years old. Additionally, 200 1000 enrichment programs such as dance, gymnastics, and 1000 Annual Tukwila Art Show - Mlay group play times is offered, Touch A Truck Event - July Youth Programs Youth programs target children ages five to twelve. A 800 Tukwila Kids Festival - August wide variety of activities are offered, including before and 1500 200 after school programs, summer camp programs, arts 800 Family 4'�' of July Event - July programs, sports leagues, aind sport camps. Enrichment Tukwila Heritage Festival - December 400 progra s include dance, martial arts, and music lessons. 1200 Teen Programs Teen Programs serve ages thirteen to eighteen. Programs include teen late night activities, basketball leagues, teen 1500 Fitness/Athletics A wide variety of fitness classes are offered - teens, adults and Dance and seni:ors all participate. Boot camp, African Dance, 25,000 Zumba, Jazzercise, Sports leagues, Women's only fitness, open basketball and a well -established cardio/weiq��. Volunteer Opportunities to volunteer is available to all ages. Habitat Activities restoration activities, giving programs, and volunteer 7,0,00 volunteer opportunities within programs such as teen late night or hours annually senior p Senior Programs Senior programs are offered to anyone over the age of 50. Programs include active recreation opportunities such as 3,700 hiking, sports leagues, and dancing, Enrichment programs such as painting and social programs are also offered. Additionally a variety of services is, offered, including Meals on Wheels, Foot care, and other human service needs. Community Events offered throughout the year at various sites include the following; Event Attendance Attendance Dr. Seuss Reading Event - March 80O Family Movie Nights - 150,0 Backyard Wildlife Festival - May 1000 Peanut Butter & Jam Concert Series - July and August 1000 Annual Tukwila Art Show - Mlay 700 Touch A Truck Event - July 1500 Teen Summer Kickoff Festival - June 800 Tukwila Kids Festival - August 1200 Community Kitchen Event(s) - quarterly 200 Halloween Carnival - October 800 Family 4'�' of July Event - July 5000 Tukwila Heritage Festival - December 400 See You in the Park Event Series - July and August 1200 Spirit of Giving - December 400 Tukwila Parks and Recreation partners with several organizations to provide opportunities for citizens tm experience Parks in Tukwila. 0uwarnish Hill Preserve is one particular park that is a site for volunteer activities such as 8uvvarnish Alive Events, Friends of the H||| volunteer activities, and e variety of stewardship activities coordinated by our partners at Forterra. Duwannish Hill Preserve has also been a part of the nmnue| birding tour - a component of the annual Backyard Wildlife Festival. City o[ Tumna • Community Affairs and Parks Committee August 24, 2015— 5:30 p.m. — Hazelnut Conference Room PRESENT Councilmembers: Verna Seal, Chair; Dennis Robertson, Allan Ekberg Staff: David Cline, Dave Johnson, Laurel Humphrey CALL TO ORDER: Chair Seal called the meeting to order at 5:30 p.m. 1. PRESENTATIONS 11. BUSINESS AGENDA A. 4Culture Heritage Cultural Facilities Grant Application Parks staff is seeking Committee approval to apply for $250,000 from the 4CWture Heritage Cultural Facilities Grant for the Duwamish Hill Preserve. Construction of Phase 2 is approximately 50% complete. If the application is successful, the grant funding will provide for an entrance kiosk, ethnobotanical and wayfinding signs, bench blocks and backs, and plantings. There is no required match from the City. Committee members were supportive of the pursuit of this grant. They also discussed that it might be a good idea to review the policy requiring staff to gain Committee approval prior to any grant submission. UNANIMOUS APPROVAL. Ill. MISCELLANEOUS Meeting adjourned at 5:36 p.m Next meeting: Monday, September 14, 2015 Committee Chair Approval Minutes by LH 5-• W Ct of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Community Affairs and Parks Committee FROM: Laurel Humphrey, Council Analyst CC: Mayor Ekberg DATE: April 6, 2016 SUBJECT: Multifamily Housing Challenges and Opportunities ISSUE Elected officials and City staff occasionally hear from residents with regard to landlord-tenant disputes. Such disputes are civil matters between individuals and/or businesses beyond the scope of municipal legal authority. There are a number of state and federal laws that address landlord-tenant matters and anti-discrimination in housing. None of these laws grant the City a mechanism for enforcement or a direct means to provide relief to the parties involved. At the March 21, 2016 City Council meeting, public comment was given to the Council suggesting that certain, apartment complexes in Tukwila are enforcing rules preventingi resident children from playing outside. In addition, these apartments do not have safe outdoor play areas, since they were built prior to the adoption of modern-city design codes requiring recreation areas in multifamily structures. The only open space outside of the structures is for vehicle parking. The properties are up to date on their requiired licenses and inspections with the City. One possible strategy suggested at the same meeting was to develop a just cause eviction ordinance modeled after the City of Seattle. Community Dialogue The purpose of this discussion is to give the Community Affairs and Parks committee an opportunity to di ialogue with residents, city staff, and representatives from the Tenants Union of Washington State on solutions for complaints such as the one described at the March 21 Council meeting. It also provides an opportunity for the Committee to consider how the City's Parks, Recreation and Open Space Plan plays a role in issues such as these. Through this conversation and information gathering process, the Committee will be in a better position to understand limitations, identify opportunities, hear from resident attendees, and make a recommendation to the Council, Just Cause Eviction Ordinance The City of Seattle has a law in place requiring landlords to have good cause in order to terminate a month-to-month tenancy. It does, not apply to tenants with fixed term leases. Seattle's code specifies valid reasons for requiring a tenant to move and requires the owners to state the reason in writing. This law provides additional protections to Seattle tenants and gives Code Compliance staff the ability to issues notices of violation. Currently, Seattle is the only city in Washington State with this law. The Committee may wish to consider if this type of law would be of benefit to the community. 71 INFORMATIONAL MEMO Page 2, Parks, Recreation and Open Space Plan The City of Tukwila adopted its Parks, Recreation and Open Space (PROS) Plan in February 2014. The PROS plan provides a guide for the funding and planning of public spaces and recreation in the City, and has a stated goal of finding ways to reach its highly diverse community members. The Committee should consider the PROS plan when considering options relating to recreational opportunities for residents in multifamily structures. Relationships with Property Owners While the City is legally limited in intervening in landlord-tenant affairs, individuals from the community or the City may consider sharing concerns and working with property owners to arrive at solutions. Rental properties are registered with the City due to the Rental Housing Inspection Program and contact information is readily available. Available Resources While the City cannot provide legal advice to residents, there are a number of regional organizations and resources available to tenants for which the City does provide referrals. The Committee may wish to consider more proactive ways to help educate residents on these resources, possibly by sponsoring presentations from relevant agencies. The Committee should familiarize itself with the resources that are available, such as the Tenants Union,, the King County Bar Association's Housing Justice Project, and more as listed in Attachment 1 In addition, the Washington State Human Rights Commission investigates and enforces violations of the Washington Law against Discrimination (RCW 49.60) ATTACHMENTS 1. Legal Assistance Guide, Tenants Union of Washington State 2. Seattle Department of Construction and Inspections Tip 604 3, Tukwila Parks, Recreation and Open Space Plan Executive Summary 72 W:QO16 info MennoWultFarnfly.dou egal Assistance for Tenants - Know Your Rights -renants Union of'... http://ww.tenantsunion,()rg/efl/ria hts/legal-assistance-for-tenants Tenant rights counseling » Email/subscribe >> Donate now >> Fa KNO,W YOUR RIGHTS n RESOURCES* LEGAL ASSISTANCE GUIDE Before using this Information, please read: Leg Ei* Best Practices and Tips for Tenants ll AsSo'-L,istance ■ ho r & Tools for Tenants enicants, a Understanding Landlord -Tenant Law their eligibility requirements. 1) Get assistance to understand and interpret Landlord-Tenant Laws. Washinciton L,awHelp provides detailed information on laws governing tenancy in Washington State. You can also call CLEAR, Northwest Justice Project's free legal help and assistance for low-income Washington, State residents, CLEAR is open Mon—Fri, 9:15 am -12 :15 pm. at Tues 3:30-6:15 pm at 888-201-10:14. 2) Use It to strengthen your negotiations with your landlord. Though tenants can, do all their negotiations with their landlords themselves, some landlords may be responsive to the authority of an attorney. You may also be able to get assistance writing letters and citing the laws in communications with your landlord. Lawyers at the King County Bar Association's Nei _qhborhood Legal Clinics may be able to help you write a letter asserting your rights. 3) Obtain assistance or representation In eviction court or a subsidy termination grievance hearing. You may be able to talk to an attorney to help you understand or respond to an eviction notice or subsidy termination. If you have defenses in an eviction lawsuit, you may be able to secure an attorney to represent you in court, You can call CLEAR Line Legal Help at 888.201,1014 from anywhere in the state. CLEAR is the Northwest Justice Project's free legal help and 12 assistance for low-income Washington State residents, and they are open Mon—Fri, 9:15 of 2 4/7/2016 9: 1: M To read the specific laws in the WA State Residential Landlord•Tenant Act, click on the RCW Legal assistance is extraordinarily valuable for tenants but must be (Revised Code of Washington) links throughout the utilized in specific ways. There are five primary ways to make legal Tenant Services website. assistance work for you in resolving landlord- tenant matters. Many Tenants Union Tenant Counselors are not of these resources are free or low cost to renters seeking attorneys, and this Information should not be considered regal advice. Please read our full assistance. Contact each program individually to find out about Tenant Union Disclaimer their eligibility requirements. 1) Get assistance to understand and interpret Landlord-Tenant Laws. Washinciton L,awHelp provides detailed information on laws governing tenancy in Washington State. You can also call CLEAR, Northwest Justice Project's free legal help and assistance for low-income Washington, State residents, CLEAR is open Mon—Fri, 9:15 am -12 :15 pm. at Tues 3:30-6:15 pm at 888-201-10:14. 2) Use It to strengthen your negotiations with your landlord. Though tenants can, do all their negotiations with their landlords themselves, some landlords may be responsive to the authority of an attorney. You may also be able to get assistance writing letters and citing the laws in communications with your landlord. Lawyers at the King County Bar Association's Nei _qhborhood Legal Clinics may be able to help you write a letter asserting your rights. 3) Obtain assistance or representation In eviction court or a subsidy termination grievance hearing. You may be able to talk to an attorney to help you understand or respond to an eviction notice or subsidy termination. If you have defenses in an eviction lawsuit, you may be able to secure an attorney to represent you in court, You can call CLEAR Line Legal Help at 888.201,1014 from anywhere in the state. CLEAR is the Northwest Justice Project's free legal help and 12 assistance for low-income Washington State residents, and they are open Mon—Fri, 9:15 of 2 4/7/2016 9: 1: M Legal Assistance for Tenants - Know Your Rights - Tenants Union of... http://www,tenantsunion.org/en/rights/legal-,,issistance-for-tenants am-1 2:15 pm and Tues 3:30-6:15 pm. The King County Bar Association's Housing Justice, P,rojec is tenants' primary resource for King County residents who live outside of the city of Seattle who need legal assistance with an eviction notice or an eviction lawsuit. Catholic Community Services' Legal Action Center also may be able to assist tenants facing eviction, Tenants in subsidized housing or with Section 8 vouchers may be able to get representation in a Grievance Hearing through Northwest Justice Project or Legal Action Center, 4) Use It to help you prepare for a Small Claims suit against your landlord. Small Claims Court is the primary way that tenants can recover money owed to them by their landlord. There are no attorneys allowed in small claims court, but an attorney through Neighborhood Legal Clinios can help you prepare for your case. 5) File a civil lawsuit against your landlord. In rare cases, tenants may be able to obtain legal representation to sue their landlords. You will have to hire a private attorney to pursue this option, which may not be affordable to many renters. You may be able to find an attorney for hire through King County Bar Association's Lawyer Referral Service. 2 of 2 74 4n12016 9:59 AM egal Resources - Know Your Rights - Tenants Union of Washington ... http://`www.tenaritsunion.org/en/rights/legal-resources Tenant rights couinseling » Email/subscribe Donate now » Fa KNOWYOUR RIGHTS Oro RESOURCES)) LEGALASSISTANCE GUIDE Some of the following resources are specific to King County. For resources in your area, contact the Washington State 2 -1 -1 at 2-1-1 from a landline, 206-461-3200 or 800-621-4636 or 206-461-3610 for TTY/hearing impaired calls. • Washington LawHelp: (online only) — Provides self-help legal information for renters, including detailed packets on repairs, deposits, small claims court and the eviction process. Before using this Information, please read: • Ele,st Practices and Tins for Tenants • Tools for Tenants • Undqrstandi q_q_ Landlord- Tenant Laws To read the specific laws in the WA State Residential Landiord-Tenant Ad click on the RCW (Revised Code of Washington) links throughout the Tenant Services website. Tenants Union Tenant Counselors are not attorneys, and this information should not be considered legal advice, Please read our full Tenant Union Disclaimer, • CLEAR Line Legal Help: 888-201-1014 — Northwest Justice Project's free legal help and assistance for low-income Washington State residents, Open Mon–Fri, 9:15 am-12:15 pm. • Housing Justice Project: 206-267-7090 — King County Bar Association's walk-in legal information and assistance. Priority service for renters facing evictions. Open Mon –Fri, 8-10:30 am, in the King County Courthouse in Seattle and Kent Regional Justice Center. Seattle location also open Mon, 3:45-4:45 pm. Legal. Action Center: 206-324-6890 — A part of Catholic Community Services, Legal Action Center offers legal advice and assistance for low-income Seattle renters facing eviction, repair problems, deposit loss, subsidy termination, lockouts and other issues. Neighborhood Legal Clinics: 206-267-7070 — King County Bar Association's legal clinics located across King County, NLC attorneys can provide a free half hour of legal advice to renters, regardless of income. N'gahwest Justice Project: 206-464-1519 — Legal help for tenants in public housing or with Section 8 vouchers facing subsidy termination or eviction. Volunteer Legal Services: 206-267-7010 — King County Bar Association's lawyer referral service. • Moderate Means Program — The Moderate Means Program is a partnership between the Washington State Bar Association and Washington's 3 law schools. MMP connects people 12 of 2 4/7/2016 9: 1W Legal Resources - Know Your Rights - "tenants Union of Washington... http://www.tenantsunion.org/en/rights/legal-resources 0 within 200-400% of the Federal Poverty Level to lawyers who offer legal help at reduced fees. • CLEAR*Sgnior Legal Help: 888-387-7111 — Northwest Justice Project's free legal help and assistance for persons over 60 years of age of all income levels, Seniors can call the CLEAR Senior Line starting at 9:15 am and leave a message. The line will close for the day once the voicemail message system is full. Lgwyer Rgferral rvice: 206-267-7010 — King County Bar Association attorneys for hire at regular rates. • Legal Voice: 206-621-7691 — Empowers women with knowledge about their legal rights and tools to help them navigate the legal system. of 2 4/7/2016 9:58 AM 76 ;Seottle Department of Construction 604 Seattle Laws on Property Iftu Owner and Tenant Rights and Responsibilities Updated 0eoernVbmr/[\2D/5 The Seattle Department of Construction and Inspections (Seat eDC|)administemandenforoenSeattlebHouming and Building Maintenance Code (SMIC Sections 22.2U0 22,2O8) and several other city ordinances affecting landlords, and tenants, Members of Seattle DC|'sCode Compliance staff are available 1oassist tenants and owners in understanding City code requirements. This Tipina general guide to the rights and responsibili- ties cdSeatt|etenaoimandrentalp,opertyownemunder city laws. For specific information on the Housing and Building Maintenance Code (HBK4C)nr Rental Pegistra- bbnond/nopecdor Ordinance (RR|(])contact: Seattle Department mf Construction and Inspections Code Compliance Locatilom 19thFloor, Seattle Municipal Tower Mailing Address- 70U Fifth Ave,. Suite 2000 RO, Box 34U1g Seattle, WA 98124-4019 The Washington State Residential LmooYb/zlTenant Act (Chapter 69.1GRCVV)pUso establishes rights andnnnponnhbi0iee for tenants and |and|urdo. For further information about state |aw, contact one of the organizations listed at the end of this publica- tion or go to http://apps.leg.wa.gov/RCW/default. aspx?o11e=59.18. What the City requires of rental property owners Under the HBMC. building owners io Seattle have sm obligation to provide na[e, o|een, secure living condi- tions. Generally, owners have the responsibility to: • Keep the premises fit for human habitation and keep any common areas reasonably doaoand safe • Provide for control of insects, rodents and other pests • Maintain all structural compnnen1e (roof, walls and 1ounda1ion) and keep the unit wee*heriighL • Maintain all e|ecthua|. ?|umbing, heating and other equipment and epp|iantes supplied by the owner • Provide adequate containers for garbage • When responsible for heating rental units, maintain daytime (7�00 a.m. to 10:30 pm)temperatures at no less than 68 degrees Fahrenheit and nighttime uamAeretuneasKno less than SQ degrees Fahren- heit from September through June • Change lock mechanism and keys innom-kanaienL accommodations upon charge of tenancies, and pro- vide unit and building entrance door keys to tenants • |nmtaU smoke detectors and instruct tenants as to their operation and maintenance Owners are riot responsible for cosmetic repairs such as new carpeting and a fresh coat of paint after eachteman- cy, Code compliance staff can answer questions about whether an apartment owner iarespnnoib�e for apartiou' �ar repair. Call (206) 615-0808 for more information. Under HHIO1 property owners in Seattle must pmwido safe housing that meets basic requirements aedetep minedbyihe R'RiO Checklist and: • Register properties tha1urensntedfoxnaadenda| use every five years (see Tip G2O.Registering Your Rental Property) • Starting in 2015, pass aRR|O inspection utleast once every ter years (see Tip G2O.Registering Your Rental Property) Definition of Tenant With the exception of the Tenant Relocation Assis- tance {Jrdinanoa.etenmniisdefinadaoapemon occupying or holding possession ofa building or premises pursuant bra rental agreement, This includes residents of transient lodgings who remain *We^on �WnPy chbrne,fice� °(M.XA;pol,� mmumer NIer SDCl Tip #604— Seattle Lawson Property Owner and Tenant Rights and Responsibilities in residence for one month or longer. A rental agree- ment may be oral or in writing. Obligations of tenants Tenants must meet an owner's reasonable expectations to maintain rental housing in a safe, clean manner, normal wear and tear excepted, "Tenant responsibilities include: • Proper disposal of garbage • Care in use of electrical and plumbing fixtures • Promptly repair of any damages caused by tenants or their guests • The granting of reasonable access to the owner for maintenance, repair and pest control; as well as ac- cess to an inspector to complete a RRIC, inspection • Maintaining smoke and carbon monoxide detectors in good working order • Refraining from storing hazardous materials an the premises Available remedies if repairs are needed Tenants may take the following action if repairs are needed: 1. Contact the owner. A telephone call or letter is usually the way most tenants and owners resolve any problems. In most cases this will resolve the problem, but a written request for repairs is often required by law before tenants can exercise any other remedy. Remember to keep copies of all correspondence. 2. Report the problem to Seattle DCL If the owner or manager does not make the repair in a reasonable time, you may schedule an inspec- tion! by Seattle DCI. If the condition is in violation of the H13MC or RRIO and the owner fails to fix the violation, the inspector will require the owner to corrective action. See the next section for more details. 3. Use other remedies available, including self- help repair, mediation, placing rent in escrow, and finally, moving out. The Washington State Residential LandlordlTenant Act (Chapter 59.18 Ii has limited remedies for tenants, in situa- tions where building owners fail to make code-re- quired repairs within a reasonable time of being notified of the need, You Must be current in your rent and utilities to exercise these options. These remedies may involve some form of rent with- holding or reduction. As a general rule, however, simply withholding rent is not a suitable remedy-, In fact, a tenant may be evicted for failure to pay rent. State law has specific rules about mak- ing deductions from rent or paying rent into an escrow account. For information on this subject, contact one of the assistance groups listed at the end of this publication. Reporting a problem to Seattle DCI Tenants may report the problem to Seattle DCf if the owner or manager does not make a repair in a rea- sonable time, Write, call or go in person to Seattle DCI Code Compliance, located on the 19th floor of Seattle Municipal Tower at 700 Fifth Ave., in downtown Seattle, (206) 615-0808. • Call Seattle DCI to report the problem if a property owner or manager does not respond to repair requests and a complaint seems to be the only alternative remaining. Your name will be kept con- fidential if you so request. • Specify everything needing inspection and give the address of the building including the Unit number. • Include a telephone number when asking Seattle DCI for assistance so the department can call to arrange a time for an inspection. The person requesting assistance should be present during the inspection, • If the iinspector finds violations, the inspector will prepare a notice showing when the repairs must be rnade, notify the responsible party of the violation, and post the notice, on the premises. • The time for compliance is generally 30 to 60 days, depending Upon the nature of the violations and any extensions the owner may receive. • If the owner does not make the required repairs, Seattle DCI will follow up through court action to attempt to attain compliance. Seattle's Just Cause Eviction Ordinance The Just Cause Eviction Ordinance is part of Seattle's Hi The intent of the ordinance is to provide clear standards for both tenants and rental property owners regarding the circumstances Under which a month- to-rnonth tenancy may be terminated and eviction can occur, The HBMC specifies the only reasons for which a tenancy can be terminated. It requires own- ers to list the reasons for ending the tenancy when sending a written termination notice. For more infor- mation, see Tip 604A, Seattle Laws Regarding Build- ing Maintenance and Repair. LEGAL DISCLAIMER: This Tip should not be used as a substitute, for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. ff.,] SDC1 Tip #6Q4—Seattle Laws on Property Owner and Tenant Rights and Responsibilities The following definitions are important to distinguish- ing between an eviction and a termination of tenancy Eviction: The end result of a formal legal action in civil court that requires a tenant to move pursuant to a legally issued written notice. Termination of Tenancy: A written notice given by a landlord to a tenant requiring the tenant to move listing at least one reason specified in the Just Cause Eviiction Ordinance. Note: If a tenant refuses to move, only a court can force the tenant to leave. The following is a summary of the reasons for which owners may end tenancies under the ordinance: 1. The tenant fails to pay rent within three days of a notice to pay rent or vacate. 2. The tenant habitually fails to pay rent on time, caus- ing the owner to notify the tenant in writing of over- due rent four or more times in a 12-month period. 3. The tenant does not comply with material terms of a lease or rental agreement within ten days of a notice to comply or vacate. 4. The tenant does not comply with a material obligation under the State Landlord-Tenant Act within ten days of a notice to comply or vacate. 5. The tenant habitually fails to comply with material terms of the lease or rental agreement, which causes the owner to serve a ten-day notice to comply or vacate three or more times in a 12-month period. 6. The tenant severely damages the rental unit (causes "waste"), causes a nuisance (including drug-related activity), or maintains an unlaw- ful business, and does not vacate the premises within three days of a notice to do so. The type of damage, nuisance or unlawful business must be specified in writing on the notice. 7. The tenant engages in criminal activity in the building or on the premises or in an area imme- cliatefy adjacent to the building or premises, The alleged criminal activity must substantially affect the health or safety of other tenants or the owner; illegal drug-related activity is one crime specified by the ordinance. A property owner who uses this reason must clearly state the facts support- ing the allegation, and must send a copy of the termination of tenancy notice to Seattle DCI. 8. The owner wishes to occupy the premises person- ally, or the owner's immediate family will occupy page 3 the unit, and no substantially equivalent unit is vacant and available in the same building and gives the tenant written notice at least 90 days prior to the end of a rental period. Immediate family includes the owner's spouse or the owner's domestic partner, and the parents, grandparents, children, brothers and sisters of the owner, the owner's spouse or the owner's domestic part- ner. If the owner gives this reason to terminate a tenancy and then fails to carry it out, he or she may be subject to a civil penalty of up to $2,500. A tenant whose tenancy is terminated for this reason has a private right of action if he or she feels an owner has failed to comply with these requirements. The owner wishes to terminate the tenancy of a tenant who lives in the same housing unit with the owner; or the owner desires to stop sharing his or her house with a tenant living in an approved accessory dwelling unit (ADU) in an owner -occu- pied house. 10, The tenant's occupancy is conditioned upon employment on the property and the employment relationship is terminated. 11. The owner plans major rehabilitation that requires a permit and demonstrates that the work cannot be done with a tenant in occupancy. In addition, the owner must comply with the requirements of the Tenant Relocation Assistance Ordinance. (See below for more information.) If the owner gives major rehabilitation as the reason to terminate a tenancy and then fails to carry it out, he or she may be subject to a civil penalty of up to $,2,500. A tenant whose tenancy is terminated for this reason has a private right of action if he or she feels an owner has failed to comply with these requirements. 12 The owner decides to convert the building to a cooperative or condominium. (See page 6 for information on the Condominium and Coopera- tive Conversion Ordinances.) 13. The owner decides to demolish a building or to convert it to non-residential use. The owner must first comply with the requirements of the Tenant Relocation Assistance Ordinance (see page 5) and obtain a necessary permit. 14. The owner desires to sell a single family residence and gives the tenant written notice at least 90 days prior to the end of a rental period. The owner must fist the property for sale at a reasonable price in a newspaper or with a realty agency within 30 days LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. 79 SQC4 Tip #604—Seattle Laws on Property Owner and Tenant Rights and Responsibilities after the date the tenant vacates. Property own- ers may be required to sign a certification of the intent to sell the house if Seattle DCI receives a complaint. There is a rebuttable presumption of an ordinance violation if the unit is not listed or adver- tised, or is taken off the market or re-rented within 90 days after the tenant leaves. A tenant whose tenancy is terminated for this reason has a private right of action if he or she feels an owner has failed to comply with these requirements. 15. The owner plans to discontinue the use of a housing unit which is not authorized by the Land Use Code, after receiving a Notice of Vlolation. The owner must pay relocation assistance to the tenants of each such unit at least two weeks prior to the date the tenant is to vacate. Low- income tenants must be paid $2,000 relocation assistance; other tenants must be paid relocation assistance equal to two months' rent, 16. The owner needs to reduce the number of tenants sharing a dwelling unit in order to comply with Land Use Code restrictions (i.e., no more than eight people per dwelling unit if any are unrelated). 17. The owner decides to terminate the tenancy of a tenant from a house containing an approved ADU in order to comply with the development standard's for AIDUs, after receiving a Notice of Violation of the Land Use Code. (If the violation is that the owner has moved out of the house and has rented both units, one unit must either be reoccupied by the owner or be removed.) The owner must pay relocation assistance to displaced tenants in the amount of $2,000 for low-income tenants, or two months' rent in other cases. Seattle DCI may require a property owner to sign a certification of his or her intent to dis- continue the use of the ADU. 18. An Emergency Order to vacate the property has been issued by Seattle DCI and the tenants have failed to vacate by the deadline giver in the Order. Failure to follow through with stated cause: If an owner terminates a tenancy for the reason that (1), sale of a single family residence is planned, (2) the owner or a family member is to move in, (3) substantial rehabili- tation is planned, (4) the number of residents must be reduced to eight, or (5) the owner is discontinuing an ADU after receipt of a notice of violation, and the owner fails to carry out the stated reason for eviction, he or she may be subject to enforcement action by the City and a civil penalty of up to $2,500. Private right of action for tenants: If an owner ter- minates a tenancy because (1) sale of a single family page 4 residence is planned, (2) the owner or a family mem- ber is to move in, or (3) substantial rehabilitation is planned, and if the owner fails to carry out the stated reason for eviction, the tenant can sue the owner for up to $2,000, costs, and reasonable attorney's fees. Unless otherwise noted above, a termination of ten- ancy notice must be given at least 20 days prior to the start of the next rental period and must state the reason for termination in writing. Only those reasons listed above are lawful causes for terminating month- to-month tenancies in Seattle. For the complete text of the Just Cause Eviction Ordinance, go to the City of Seattle's, City Clerks website and click on Seattle Municipal. Call up section 22,206.160. For more in- formation, call Seattle DCI Property Owner and Tenant Assistance at (206) 615-0808. Please note, under state law tenants wishing to terminate month-to-month, tenancies must also fol- low proper notice procedures, notifying the owner or manager in writing at least 20 days before the start of the next rental period. Enforcement of the Just Cause Eviction Ordinance Seattle DCf Code Compliance staff will investigate complaints of an illegal termination of tenancy. if a complaint is determined to be valid, the department will inform the landlord of the requirements of the Ordi- nance and will issue a Notice of Violation should the landlord refuse to rescind the termination notice. If the landlord fails to rescind the notice within the compli- ance period given in the Notice of Violation, the case will be referred to the City Attorney's Off ice, A land- lord found to have illegally terminated a tenancy can be penalized by a civil fine of $150.00 per day per housing unit from the date the violation begins for the first ten (10) days of non-compliance and $500,00 per day per housing unit thereafter. Within ten (10) days of receiving a Just Cause Evic- tion Ordinance Notice of Violation, a landlord or other affected party may request an administrative review by a Seattle DC1 representative. Seattle DCI will notify the requester within seven (7) days of receipt of the request for review. The requester will have fifteen (15) days from the receipt of this confirmation to submit additional information to Seattle DCI. Following the review, the Seattle DCI representative may sustain, modify, or withdraw the Notice of Violation. A written decision will be sent to the requestor within fifteen (15) days of the decision being made. LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. We SDCl Tip #604— Seattle Laws on Property Owner and Tenant Rights and Responsibilities Records a property owner should keep Owners are advised to maintain the following records to support a case for terminating a tenancy: 1. A specific written rental agreement, with rules that apply equally to all terants, and a unit condi- tion checklist; 2. Records of rental payments; 3. Copies of notices given to tenants, with evidence that all legally required' notices were properly served; and 4. Any information or documentation to support a termination of tenancy, such as police incident reports or complaints from neighbors. Notices for termination of tenancy must specifically state the reasons for the termination. For example, a notice for habitual late payment of rent could state: "You were notified in writing on January 3, 1999, February 3, 1999, March 3, 1999, and April 3, 1999, that your rent was late. It is due and payable on the first day of each month. " Owners are advised to retain the following records as evidence of cornpiiance with the RRIO program: 1. Proof of registration (Registration Certificate) that needs to be displayed or given to each tenant; and provided to all new tenants at or before the time they move in. 2. A copy of the Certificate of Compliance once an inspection has been performed. Actions that are considered to be harassment or retaliation The HBMC prohibits certain actions taken against either a tenant or an owner. The following actions constitute harassment or retaila- tion against the tenant: 1. Changing locks on unit doors 2. Removing doors, windows, fuse box, or other fixtures 3. Discontinuing gas, electricity, water, or other utili- ties supplied by owner 4. Removing a tenant from the premises except through the legal eviction process 5. Evicting,, increasing rent or threatening: a tenant be- cause that tenant has reported violations of the HBMC to Seattle DCl or has exercised any legal rights arising out of the tenant's occupancy of the building page 5 6. Entering a tenant's unit, except in an emergency or with the tenant's consent after giving appropri- ate notice of intent to enter The following actions constitute harassment or retalia- tion against the owner: 1. Changing locks on unit doors 2. Removing owner-supplied fixtures, furniture or services 3. Wilfully damaging the building Other City ordinances affecting tenants and rental property owners 1. Rental Registration Inspection Ordiance (RRIO) www.seattle,gov/RRIO, (206) 684-4110 This ordinance helps ensure that all rental hous- ing in Seattle is safe and meets basic housing maintenance requirements. Starting in 2014, all rental property owners in Seattle must register their properties with the City. Inspectors will make sure all registered properties comply with minimum life and safety standards at least once every 10 years. 2. Tenant Relocation Assistance Ordinance This ordinance applies when tenants are d!is- placed by housing demolition, change of use, substantial rehabilitation, or removal of use re- strictions from government assisted housing. A property owner who plans development activ- ity must obtain a tenant relocation license and'a building or use permit before he or she can termi- nate a tenancy. All tenants must receive a 90- day notice of the activity that will require them to move. Eligible low income tenants, whose income cannot exceed 50 percent of median income, receive $3,340 relocation assistance, half of which is paid by the owner, half paid by the City. ft is a violation of this ordinance for a property owner to increase the rent to avoid applying for a Tenant Relocation License. 3. Rental Agreement Regulation Ordinance This law has three provisions that landlord's should be aware of: Notice for Rent Increase of 10 percent or more: Landlords who intend to increase housing costs, in- cluding rent, by 10 percent or more within a 12-month period must give at least 60 days written notice of such an increase, LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. a., Suc|np°*u4—aew#le Laws ov Property Owner and Tenant Rights and Responsibilities Information Disclosure: Seattle landlords must give prospective tenants a copy ofasummary of the City and state landlord-tenant laws when they offer arentallagreement. The aummarymust be attached \o all written rental agreemmntg, and must be given 1V tenants who are offered averbal rental agreement. All current tenants also must have been given acopy. The summaries are available on the "Tools &Re- sources^pagecf Seattle DC I's webaite atwww. seatt|e-gov/dpd/tom|mremmupnem/. Paper copies are available from the Seattle DC| Public Rmoounzo Center, located on the 2C8h floor ofSeattle Mu- nicipal Tower at 700 Fifth Ave, Each customer will receive one duplicable master copy, Prohibited Rental Agreement Provision: Under this law, landlords are not allowed to have month- to-month rental agreements that penalize atemont for moving out before eminimum number of months (m.g,. six months) have passed since the start cd the tenancy, A landlord cannot withhold a deposit or charge en additional fee ifatenant gives legal written notice to terminate his or her tenancy, and moves out after even one month, If a landlord wants a tenant tu stay aminimum nmm- berof months, the landlord should offer the tenant a|eaw leases can contain provisions for penalties if the tenant moves out before the lease expires. Tenants can bring a private civil action against landlords who violate these provisions. A |endAnnd who is found in violation could be required 1n pay penalties ma well aa the tenant's actual damages, court costs, and attorney fees. 4. Condominium and Cooperative Conversion Ordinances When o residential building in being converted ho condominiums or cooperative units, the Condo- minium and Cooperative Conversion ordinances require a housing code inspection, Additionally, for a condominium conversion, etenont must receive a120-duy written notice of conversion, U the tenant decides not to buy his/her unit, the tenant may be eligible to receive the equivalent cd three (3) month's rent in relocation assistance if the tenant's annual income, from all sources, does not exceed 8O percent cd the area median income, adjusted for household size, /\ household which otherwise quali- fies torrceiven*|ooaLiunbenefitaendwh|ohinoludes amemberaixty-five(65) years of age or older oran individual with "special needs'"awdefined in(heordi- Fora000pemdveoonvorsion,a tenant must receive 12O`day notice of intention \o sell the unit. Ufthe tenant decides rot to purchase his/ her unit, the household must bo paid $50O.O0in relocation assistance. Relocation assistance io paid directly \o the tenant by the property owner o/ developer. The as- sistance, must be paid no later than the time the housing unit isvacated. For further information, contact Seattle DC|Code Compliance sU(286)615^0808. For more information on these ordinances, call (206) 615-0808. 5. Third Party Billing Ordinance This ordinance defines rules for landlords vvho, by themselves orthrough private companies, bill tenants for City provided utilities (water,sewer, gerbege, electric services) separately from their rent, 'The ordinance applies to all residential buildings having three or more housing units. The m|ex require a landlord or billing agent to provide tenants with specific information about their biUeand 10 disclose their billing practicea, either ina rental agreement orina separate writ- ten notice, It is evio|eiion cd the ordinance if landlord imposes a new billing practice without appropriate notice. A tenant can dispute a third-party billing bynotify- ing the billing agent and explaining the basis for the dispute. This must be done within 30 days c8 receiving abill. The billing agent must contact the tenant to discuss the dispute within 30 days of re- ceiving notice of the dispute, A tenant can also file a complaint with the Seattle Off ice odthe Hearing Examiner or take the landlord tocourt, |f the Hear- ing Examine/orcourtru|eainfavorgfthetpnant the landlord could be required tg pay mpenalty. Additional information Other groups that can provide information to tenants and nan\a| property owners include: f. Solid �Ground (2O6)G94-6767 wvvw.eo|id-grmund.org Provides information and counseling or) legal rights and responsibilities under the State Resi- dential Land|ond/Tenant Act and other statues. LEGAL DISCLAIMER: This Tip should not be used asosubstitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether o,not described mthis Tip. SDCi Tip #604—Seattle Lawson Property Owner and Tenant Rights and Responsibilities 2. Legal Action Center (Catholic Community Services) (206) 324-68,90, www.ccsww.org/legalactionceniter Provides information and assistance to low in- come tenants faced with eviction, 3. Tenants Union of Washington State (206) 723-05,00 www.tenantsunion.org Provides information and counseling on landlord/ tenant problems. The "Tenants Union also pro- vides workshops, training and technical assis- tance for advocates and tenant groups on dealing effectively with landlords. 4. Washington State Attorney General's Office (206) 464-7744 www.atg.wa.gov Provides Information about legal rights under the Residentiai Land lord/Teri ant Act. The Attor- ney General's Office also has a Consumer Line Information Service which has recorded tapes on landlord /tenant topics at (206) 464-6811. 5. Rental Housing Association, of Washington (206) 283-0816 www,rhawa.org Provides information on legal rights and respon- sibilities under the Washington State Residential Landlordl'Fenant Act and other local codes. King County Dispute Resolution, Center (206) 443-9603 www.kcdrc.org Provides r`nedjaticn services to landlords and ten- ants. The center acts as an alternative forurn to the formal court system for settling disputes. 6. Seattle Office for Civil Rights (206) 684-4500 www.seattle.gov/civilrights, Enforces, the City's Open Housing Ordinance which protects tenants against differential treatment based an race, color, creed, religion, ancestry, national orl- giin, age, sex, marital status, parental status, sexual orientation, political ideology or the presence of any sensory, mental or physical handicap, the use of a Section 8 Certificate, or the use of a trained guide or service animal by a disabled person. 7. King County Bar Association ■ Neighborhood Legal Clinics (206) 267-7070 www.kcba.org/CLS/NLC/clients.htmi page 7 Call to schedule an appointment for a free legal consultation. Clinics are available at r)Urnerous locations. Call between 9 a.m. and noon, M-Th. ■ Housing Justice Project (206) 267-7090 www.kcba.org/CLS/HJP/clients.htmi Represents low41conne tenants subject to eviction. ■ Volunteer Legal Services (206) 267-7010 www.kcba.o,rg/CLSNLS/clie,nts.htmi Provides representation through volunteer at- torneys to clients facing eviction. 8. Washington Landlord Association (888) 753-9150 www.walandlord.com Provides information on a wide variety issues important to rental property owners and managers throughout Washington State. 9, Washington Lawl-lielp www.washingtonlawhelp.org Provides a wide range of information on housing issues specific to the state of Washington, includ- ing tenants' rights, eviction, Public and Subsidized housing, ernergercy shelter and assistance, horne buyers, horne owners, moloke horne park tenants, small claims court, energy assistance, utilities and telecommunications. Information can be accessed only through the website. 10. Washington Multi-Family Housing Association (425) 656-9077 www.wmfha.org Represents the interests of owners of multi- family properties and' their property management companies throughout Washington at the federai, state, and local' levels, LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this 77p. iN SDCV Tip #604— Seattle Laws on Property Owner and Tenant Rights and Responsibilities page 8 11. Washington Rental Owners Association (425) 353-6929 www.waapt.org A statewide organization that advocates for landlords at the state tlevel, provides resources and continuing education for its members, and promotes the rental housing industry. Additional landlord/tenant resources are available on Seattle DCI's website at www.seaftle.gov/dpd/ toolsres,ources/, including: • Rights & Responsibilities of Landlords and Tenants • Translated Versions of Landlord-Tenant Information • Interpreter Service • Just Cause Eviction and Tenant Reiocatlon • Conflict Resolution Training • Fifing a Complaint Links to electronic versions of Seattle DC1 Tips, Di- rector's Rules, and the Seattle Municipal Code, are available on the "Tools & Resources' page of our website at www.seattle.gov/sdci. Paper copies of these documents, as well as additional regulations mentioned in this, Tip, are available from our Public Resource Center, located on the 20th floor of Seattle Municipal Tower at 700 Fifth Ave, in downtown Seattle, (206) 684-8467. LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with a// code and rule requirements, whether or not described in this Tip. it VIM, Tukwila is a community of many cultures and backgrounds, with a population and work force that is constantly evoNing. As a part of a dynamic region Tukwila will continue to grow, adding thousands of new residents and jobs. One of the first and most frequent interactions new residents and employees will have is with the system of public spaces and facilities that beautify and support the wide range of recreational opportunities offered in the city. This system includes the lands, facilities and programs owned and operated by the City of Tukwila, as well as the public, community based and private partner providers that expand the opportunities for fitness, fun and relaxation. The Parks, Recreation and Open:, Space (PROS) Plan provides a responsive, flexible guide for the continuing evolution of the system, The City wiH play a major role in this evolution, as developer, programmer and partner. The projects presented in this PROS plan are the first implementation of the citywide vision adopted in Tukwila's Strategic Plan, representing the alignment of City efforts and opening doors to State and Federal funding. Community Priorities The City of Tukwila has committed itself as an organization that finds more effective ways to reach its highly diverse community of residents,, as well as its many visitors and employees. During development of the PROS Plan, the City reached a wide cross section of the T vifla Po; <s, Re� t c' u : P)". � (", , Jperl 1, 1`k� , community. This wealth of public input revealed six overarching themes that describe the community's desires for the park, recreation and open system in Tukwila. • Accessible and connected parks and recreational opportunities • Parks and Open Space that are safe, well maintained, and integrated into their local neighborhoods • Walking and biking, health and wellness • Socializing, gathering and a sense of community 9 Opportunities for all • Affordability and convenience Determining Needs The PROS Plan defines needs through a, quantitative and qualitative analysis of the desires, ideas and concerns identified by the community, Focusing on the overarching themes, the analysis utilized the City's geographic information system data (CIS) to build a visual map illustrating how park users travel to parks. The planning team conducted further research to understand the types of recreation opportunities that exist in these parks F-IR E�E[UT �3UK4k6ARY and recreation areas, and determine whether there im any capacity hJ enhance the opportunity available within these sites. Addftioma| ama|ysisex8m�med Current public and private recreation programming providers, refining how the City should direct its offerings, and exploring partnerships that can support these objectives. COm�J������l�^ System ' ° M0 Framework Building from the needs cfthe community, the PROS Plan defines five goals for the desired future ofTukwi|a"s parks, recreation and open space system. These gVa,lS enhance existing policies that relate to the park and reureafion system, Provided in the Strategic Plan and Comprehensive P/an. MM GOAL l:CQNV[MEMTAND Parks, recreation opportunities and open spaces are close tO home and work and are interconnected by safe streets, off-street trails and public transportation. The parks and recreation system builds community cohesion by providing places and programs for social interaction and gathering of all Sizes, with designs that strengthen Tukvvi|a`S identity. Park$, recreation opportunities and public services offer something for all @ges, abilities and cu|tunas, in seffings' locations and times that are convenient to as many as possible. Parks and facilities are we:U maintain8d, clean and safe, and programs and services are welcoming and OooessiWe for all people. Parhs, recreation opportunities and open spaces promote healthy, active lifestyles, are designed and managed to engage and enhance the natural environment and the local economy. Tu:0wi|o Porks' on6 (JpenSpoce P|on Building the Concept The goals of this PROS Pllan define what should be included in the system of the future. The concept defines the vision for the future of parks, recreation and open space in Tukwila, and shapes the range of projects presented in this Plan. The future parks, recreation and open space system unites the community by bringing residents, employees and visitors together around opportunities to gather, play and enjoy the people and places that make Tukwila unique. The future concept comprises six categories. RN[�RFRONI' PRObECTS The Green/Duwamish River is a central feature in Tukwila for both recreational and environmental reasons. Projects within this river corridor need to be recognized for their relationship with the river and with each other. The PROS Plan aligns and unifies the efforts of many riverfront projects. PAUNER, SITES Building a complete system in Tukwila relies on the use of partner sites incWding the Tukwila Pool, school sites, community organizations and sites that are owned or operated in partnership with other public entities. Expanding and protecting public access to these sites is critical to meeting community needs. 1 U1,vA,,,) F'nd<..r, Reciecflion w1cl (")pen e Nun EXE Irv. U11WEE SUP,9AARY The future system provides safer, more direct and more enjoyable connections to park and recreation facilities. Building on the City's past work to create walking and rolling connections, the future park system includes numerous new links to make getting there more fun. EXPM�DED CAFA(.�ITFY The future system requires more flexibility to support the changing needs of users. There are several parks that do not meet adopted standards, but with potential to become more appealing. In addition, each acre of park land will have to support more people. Investments in existing sites and facilities will expand the capacity of the system. Of particular importance is creating the spaces for residents to gather and build a broader community connection. Parks are also valued by visitors and workers. F-IM SUSTAINABLE STEWARDSH\P LookimgtOthe Unne-term, sustainabi|ity in Tukwi|a"6 parks, recreation and open space system vv[i| include caring for the environmental, SOCia| and financial well- being of the community. The goals Vf the PROS Plan will help focus resources pn the most important shtesand programs to maximize the benefits and inspire another generation ofusars' New approaches torecreation pnogrennmingxvih expand the reach of the City and partner organizations. By creating space for experimentation, the City can explore and find ways to better serve ethnic and linguistic conmmmn�ihes as well as the more varied needs of workers in the city. iv This effort, like all of the above, wi0 not succeed vv1i1homtthe help Ofcommunity, City and private partners. The City will need tO proactively establish and build new relationships 10 extend the resources invested. Prioritizing and Funding With the resource constraints (land. staff, acquisition and operational funding) facing Tukwila, prioritizing and funding projects will require both direction and f|exibiU1y. The system of prioritization accommodates the reality that many projects Can not move forward until at least one important Condition is met (land availability, neighboring redevelopment, grant success, wtc.) and other projects ane a�ready committed and moving forward, The remaining p�rojocts are the ones that will require more conversation and prioritization by the City. For all projects in existing and future parks, maintenance and operations needs must be a key factor when bamimgde6sions. Guided by this Plan, the City can be more flexible with capital dollars to match grants and supplement other community resources. Tu��i|o Porko, R� �rmotonon(I {]pen oayP|on Call to Ac*CJO Tukwi|a'sfUtum3 path will not bea straight one. AS has occurred in the past' the city will continue to undergo change and growth into the future. Assumptions in this Plan are based on this reality, and instead of setting a fixed, linear path from one project to the next, this Plan outlines the strategies needed tQ respond tothe ever evolving face of Tukwila. Novv, it should be the: City's objective tO rely onthis document asa resource and guide, continuously measuring progress, making adjustments where needed, and celebrating successes. The community conversations that defined the Strategic Plan have continued throughout the PROS planning procmsa. Plan implementation is continuation, rather than 8 completion of those conversations. With adequate resources and the continued, dedicated effort of City leadership, staff and community partners, Tukwila can adapt and grow the parks, recreation and open space system to meet the naedsaind challenges of this, diverse community. EXE[UTNE3UUMARY M ffA--j