HomeMy WebLinkAboutReg 2003-10-06 COMPLETE AGENDA PACKETCouncilmembers: ;Joe Duffle Dave Fenton
8` t'J
Ct Administrator Jim Haggerton Joan:Hernandez
1 esident Pamela Linder Richard Simpson
Ord- #2029 Res #1532
a ALLEGIANCE/ ROLL CALL
t 's o ofNew Employees:
j iss,. Recreation Program Assistant, Parks Recreation Dept.
e you are invited to comment on items not included on this
o e comment on an item listed on this agenda, please save your e, e AuntiLtYie issue is presented for discussion.
al. of Minutes: 9/22/03 (Special Mtg.).
oval o£ Vouchers.
as complete the Minkler Shops-Traffid Signal Cabinet
contract with Paasche Construction; authorize release of
e final cost of vroiect $5g,
Wdinancegranting a non-exclusive franchise to Voice- p
PC S III Corporation, a'subsicdiary of T Mobile USA, Inc.
ew offinancial /budget status of the Foster Clubhouse pq, 21
c ourse Improvements project
i @acts related to golf course project Pg. 27
thorizeMayor to sign a change order for the golf course
o ject contract in the amount of $300,000.
A uth orize Mayor to sign a Concessionaire= Agreement with
ay's ofTukwila, Inc., for concession rights at Poster Golf
rduranee repealing Ordinance No.1993, which vacates pg.65
tconditions certain property located within the City,
i y described as Macadam Road, k60-foot-wide right -o f-
o tnSoutlicenter Boulevard to old 5th Avenue South
ice No X993 adopted by Council on August 19, 2002).
rue-Mayor to execute: lease agreements- with Way Back p
sz or two Cary= o*tied properties used by WBI for transitional
Litigation; RCW 42.30.110(1)(i) (15`minutes).
R eason -able accommodations are available at public hearings with advance'
:800 /TDD 206 248 2933 This notice is available in alternate formats for
e
notice and is also-a at http://www.ci.Tulavila.wa.us.
a Council meetings are audio taped
eke.
I Original Sponsor:
Timeline:
Sponsor's Summary:
CAS Number: 03-121
tfri
Meeting Date I I K
10/6/03 I
COUNCIL AGENDA SYNOPSIS
Meeting Date
10/6/03
Agenda Item Title: Accept as complete Minkler Shops Traffic Signal Cabinet Room Contract and release
retainage.
Council
Initials ITEM NO.
Prepared by I Mayor's review I Council review
TP f
I I
I I
ITEM ?INECI ATION r
Original Agenda Date: October 6, 2003
Admin.
Public Works
The construction of the traffic signal cabinet room project was substantially completed by
Paasche Construction on April 24, 2003. One change order for $4,536.46 was issued for roof
repair and inspector required electrical work. The total contract amounted to $58,924.40.
Recommendations:
Sponsor: Accept project as complete and authorize release of retainage.
Committee: Forward to Consent Agenda of Regular Council.
Administration: Same as sponsor.
I Cost Impact (if known): $58,924.40
I Fund Source (if known): 303 Facilities
"k v r s s PRNDI-
'USiCIL ICTIO
Action
Meeting Date I Attachments
10/6/03 Information Memo dated September 11, 2003
Notice of Completion of Public Works Contract 03 -052
Utilities Committee Meeting Minutes from September 16, 2003.
To: Mayor Mullet
From: Public Works D recto
Date: September 11, 2003 V
Subject: Minkler Shops Traffic Signal Cabinet Room
Project Completion and Acceptance
ISSUE
Accept construction contract as complete and authorize release of retainage in the amount of
$2,707.92.
BACKGROUND
The Notice to Proceed for Contract No. 03 -052 with Paasche Construction, Inc., of Roy,
Washington, was issued February 18, 2003, for the construction of Project No. 01 -BG03
Minkler Shops Traffic Signal Cabinet Room.
This contract was substantially completed on April 24, 2003.
One change order was issued during the contract for roof repair and inspector- required
electrical protection devices.
The contract cost is summarized as follows:
ACTION TAKEN
The final payment has been issued, final records are being prepared, and this acceptance will
formalize the close -out of this project.
RECOMMENDATION
All work required under this contract has been completed. It is recommended that this contract
be forwarded to the Tukwila City Council on the consent agenda for formal acceptance and
authorize the release of retainage, subject to the standard claim and lien release procedures.
INFORMATION MEMO
Contract Award Amount $49,622.00
Change Order No. 1 4.536.46
Subtotal $54,158.46
Sales Tax Paid (8.8 4,765.94
Total Amount Paid (incl. retainage) S58.924.40
attachment: Preliminary Notice of Completion
a:A. be),maemMcbsoot Mme)
%Olym State of Washington
Department of Revenue
pia PO Box 47474
WA 98504 -7474 Contractor's Registration No. I No.
8i No.) 601 703 589
From:
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
Minkler Shops Traffic Signal Cabinet Room (No. 01 -BG03) 03 -052
Contractor's Name Telephone Number
253- 843 -2999
Paasche Construction, Inc.
Contractor's Address
30105 14th Ave. South, Roy, WA 98580 -8630
Date Work Commenced Date Work Completed Date Work Accepted
2/18/03 4/24/03
Surety or Bonding Company
Gulf Insurance Company
Agent's Address
130 Nickerson Street, Suite 311, Seattle, WA 98109
Contract Amount 49,622.00
Additions 4,536.46 Liquidated Damages 0.00
Reductions
Sub -Total 54,158.46
Amount of Sales Tax Paid at 8.8 4,765.94
(If various rates apply, please send a breakdown.)
TOTAL 58,924.40
Comments:
Date
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
Signature
Type or Print Name
Phone Number
Assigned To
Date Assigned
Amount Disbursed
Amount Retained
56,216.49
2,707.91
TOTAL 58,924.40
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
REV 31 0020e (6.27 -01)
syssv,
es L Committee chair approval
Utilities Committee
September 16, 2003
Present: Pam Linder, Joan Hernandez, Dave Fenton
Jim Morrow, Gail Labanara, Pat Brodin, Frank Inane, Lucy Lauterbach; Keri
Stockstead
1. Puget Sound Access Update Keri updated the committee on the six South King County
cities that joined together to build a public access studio. Comcast owed the cities funds that
were pooled together to build a state of the art public access station. It is one block off of West
Valley and 5.228` at 22412 72nd Ave in Kent. A non -profit company will be formed to shield
cities from liability from wild first amendment TV appearances. There are 7 camcorders that can
be checked out, and there are also three bays for camera work. The studio is opening part time
October 1, and programming can be seen from 5 pm —5 am. Regular program hours and the
studio being open 24 hours a day 7 days a week will begin November 1 Information,
2. VoiceStream Franchise The City's first wireless high -speed data transmission company,
VoiceStream, wants a franchise to install a wireless system here. The wireless system will offer
digital voice, messaging, and data services. Typically, such a company would add an antenna to
existing poles or put up their own pole, and run wire down it to a box, which could be located in
the right of way or on private property. Cities cannot tax franchises, though Tukwila's right of
way ordinance allows the City to collect the cost of setting up this franchise. Jim said the height
of the antenna will not be above the 35' pole near the Bonsai Company on S. 144 and 51'`. The
franchise will be for three. The years rather than the ten years they wanted. This change is due to
the rapid changes in the telecommunication field City may need to deal with what happens if a
company does go out of business with equipment in the City's rights of way. The committee
asked that this issue be brought back to a future meeting. Jim M talked of something other cities
have done, which is to require a special laminate pole for new wireless poles. These special
poles have notches to string the wire down the pole, which is not possible on exiting poles. This
issue will also be brought back to another meeting. Forward franchise agreement to COW.
3. Minkler Shoos Room Acceptance The shops needed a special space at the shops to put in a
traffic signal repair room, as the City now takes care of all the city's traffic signals. There was
one change order for roof repair and electric changes required by the L &I inspector. The project
is now complete, and ready to be accepted. Recommend project acceptance and release of
retainage to consent agenda.
CAS Number: 03-119
Agenda Item Title:
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if known):
I Fund Source (if known):
Meeting Date
9/22/03
Meeting Date
9/22/03
10/6/03
COLT TCIL AGENDA Sr T oPSIS
Initials
Meeting Date I Prepared by I Mayor's review I Council review
9/22/03 I Fl ;li I; Af/, I .f�G.
/o /fcln-s
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Council
N/A
r
I I G I Origina Agenda Date: September 22, 2003
VoiceStream Franchise Agreement
VoiceStream PCS III Corporation is proposing to install wireless facilities within the City's
right -of -way and private properties. Wireless facilities will include antennas mounted on
utility poles with an average height of 35 feet from the ground. Installation of wireless
facilities in the City right -of -way requires a franchise agreement.
Present to Utilities Committee for discussion.
Forward to Committee of the Whole for further discussion and forward to Regular Council for
adoption of ordinance granting a three -year franchise.
Same as sponsor.
..L.
Attachments
Information Memo dated September 4, 2003
Franchise Ordinance Packet
Utilities Committee Meeting Minutes September 16, 2003
Ordinance in final form.
Admin.
Action
5. a
Public Works
ITEM No.
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, GRANTING A NON EXCLUSIVE FRANCHISE TO
VOICESTREAM PCS III CORPORATION, A SUBSIDIARY OF T- MOBILE USA
INCORPORATED, LEGALLY AUTHORIZED TO CONDUCT BUSINESS IN
THE STATE OF WASHINGTON, FOR THE PURPOSE OF INSTALLING,
OPERATING, AND MAINTAINING A WIRELESS TELECOMMUNICATIONS
SYSTEM IN CERTAIN PUBLIC RIGHTS -OF -WAY IN THE CITY; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, VoiceStream PCS III Corporation (hereinafter referred to as "VoiceStream is
a wireless telecommunications company that, among other things, provides advanced wireless
voice and data services to customers, including those in the Puget Sound Region; and
WHEREAS, VoiceStream's desired route through the City of Tukwila (herein referred to
as "City requires the use of certain portions of City rights -of -way for the installation,
operation, and maintenance of a wireless system that includes antennas mounted on utility
poles; and
WHEREAS, the City Council has determined that the use of portions of the City's rights
of -way for installation of wireless system is appropriate from the standpoint of the benefits to
be derived by local businesses, residents and the region as a result of such services; and
WHEREAS, the City Council also recognizes that the use of public rights -of -way must be
restricted to allow for the construction of amenities necessary to serve the future needs of the
citizens of Tukwila; and that the coordination, planning and management of the City's rights
of-way is necessary to ensure that the burden of costs for the operations of non municipal
interests are not borne by the citizenry; and
WHEREAS, the ROW 35A.47.040 authorizes the City to grant and regulate non exclusive
franchises for the use of public streets, rights -of -way, and other public property for
transmission of communications;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Non exclusive Franchise Granted.
A. The City hereby grants to VoiceStream, subject to the conditions prescribed in this
Ordinance "Franchise Agreement the franchise rights and authority to construct, replace,
repair, monitor, maintain, use and operate the equipment and facilities necessary for a wireless
telecommunications facility within the City -owned rights -of -way generally described in
"Exhibit A and hereinafter referred to as the "franchise area
B. Such Franchise shall not be deemed to be exclusive to VoiceStream, and shall in no
way prohibit or limit the City's ability to grant other franchises, permits or rights along, over
or under the areas to which this Franchise has been granted to VoiceStream; provided, that
such other franchises do not unreasonably interfere with VoiceStream's exercise of franchise
rights granted herein as determined by the City. This Franchise shall in no way interfere with
existing utilities or in any way limit, prohibit or prevent the City from using the franchise area,
or affect the City's jurisdiction over such area in any way.
VoiceStream Franchise 10/3/03.
Section 2. Authority. The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this Franchise
Agreement, and may develop such rules, policies and procedures as he or she deems necessary
to carry out the provisions contained herein.
Section 3. Franchise Term. The franchise rights granted herein shall remain in full force
and effect for a period of three (3) years from the effective date of this ordinance. This
Franchise shall not take effect and VoiceStream shall have no rights under this Franchise
unless a written acceptance is filed with the City pursuant to Section 4 of this agreement. If
VoiceStream requests a Franchise renewal prior to the expiration date, the City may, at the
City's sole discretion, extend the term of this Franchise for up to one year beyond the
expiration date to allow processing of renewal. If the City elects to extend the term of this
Franchise, written notice of the extension shall be provided to VoiceStream prior to the
Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise
and all the terms and conditions shall be filed with the City Clerk within thirty (30) days of the
effective date of this ordinance in the form attached hereto as "Exhibit B Failure on the part
of VoiceStream to file said consent within thirty (30) days of the effective date of this ordinance
shall void and nullify any and all rights granted under this Franchise Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall be
considered mandatory, and failure to abide by any conditions described herein shall be
deemed as non compliance with the terms of this Franchise Agreement and may result in
some or all of the penalties specified in Section 6.
A. Permit Required. No construction, maintenance, or repairs (except for emergency
repairs) shall be undertaken in the franchise area without first obtaining appropriate permits
from the City of Tukwila, Department of Public Works. In case of an emergency, VoiceStream
shall, within 24 hours of the emergency, obtain a permit from the City of Tukwila Department
of Public Works.
B. Coordination. All capital construction projects performed by VoiceStream within the
franchise area shall be inspected by a City inspector. All work and inspection shall be
coordinated with the Engineering Division of the Public Works Department to ensure
consistency with City infrastructure, future Capital Improvement Projects, all developer
improvements, and pertinent codes and ordinances.
C. Construction Standards. Any construction, installation, maintenance, and restoration
activities performed by or for VoiceStream within the franchise area shall be constructed and
located so as to produce the least amount of interference with the free passage of pedestrian
and vehicular traffic. All construction, installation, maintenance, and restoration activities
shall be conducted such that they conform to City's development guidelines and standards
and comply with Title 11 of the Tukwila Municipal Code.
D. Underground Installation Required. All telecommunications cables and junction
boxes or other vaulted system components shall be installed underground unless otherwise
exempted from this requirement, in writing, by the Director of Public Works.
E. Relocation.
1. Within 90 days following written notice from the City, VoiceStream shall, at its
own expense, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right -of -way whenever the City has
determined that such removal, relocation, undergrounding, change or alteration is reasonably
necessary for the construction, repair, maintenance, installation, public safety, or operation of
any City or other public improvement in or upon the rights -of -way.
2. VoiceStream may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation. Such alternatives shall
include the use and operation of temporary transmitting facilities in adjacent rights -of -way.
The City shall evaluate such alternatives and advise VoiceStream in writing if one or more of
VoiceStream Franchise 10 /3/03 2
the alternatives are suitable to accommodate the work, which would otherwise necessitate
relocation of the facilities. If requested by the City, VoiceStream shall submit additional
information to assist the City in making such evaluation. The City shall give each alternative
proposed by VoiceStream full and fair consideration. In the event the City ultimately
determines that there is no other reasonable alternative, VoiceStream shall relocate its facilities
as otherwise provided in this section. VoiceStream may seek reimbursement for relocation
expenses, if such reimbursement is available pursuant to RCW 35.99.
F. Removal or Abandonment. Upon the removal from service of any wireless service
antennas or other associated structures, facilities and amenities, VoiceStream shall comply
with all applicable standards and requirements prescribed by the City of Tukwila Public
Works Department for the removal or abandonment of said structures and facilities. No
facility constructed or owned by VoiceStream may be abandoned without the express written
consent of the City.
G. Bond. Before undertaking any of the work, installation, improvements, construction,
repair, relocation or maintenance authorized by this Franchise Agreement, VoiceStream shall
upon the request of the City, furnish a bond executed by VoiceStream and a corporate surety
authorized to operate a surety business in the State of Washington, in such sum as may be set
and approved by the City as sufficient to ensure performance of VoiceStream's obligations
under this Franchise Agreement At VoiceStream's sole option, VoiceStream may provide
alternate security in the form of an assignment of funds or a letter of credit, in the same
amount as the bond. All forms of security shall be in the form reasonably acceptable to the
City. The bond shall be conditioned so that VoiceStream shall observe all the covenants, terms
and conditions and shall faithfully perform all of the obligations of this Franchise Agreement,
and to repair or replace any defective work or materials discovered in the City's roads, streets
or property.
H. "One -Call" Location Liability. VoiceStream shall subscribe to and maintain mem-
bership in the regional "One- Call" utility location service and shall promptly locate all of its
lines upon request. The City shall not be liable for any damages to VoiceStream's system
components or for interruptions in service to VoiceStream customers which are a direct result
of work performed for any City project for which VoiceStream has failed to properly locate its
lines and facilities within the prescribed time limits and guidelines established by One -Call.
The City shall also not be liable for any damages to the VoiceStream system components or for
interruptions in service to VoiceStream customers resulting from work performed under a
permit issued by the City.
I. As -Built Plans Required. VoiceStream shall maintain accurate engineering plans and
details of all installations within the City limits, and shall provide such information —in both
paper form and electronic form using the most current Autocad version— prior to close -out of
any permits issued by the City and any work undertaken by VoiceStream pursuant to this
Franchise Agreement. The City shall determine the acceptability of any as -built submittals
provided under this section.
J. Recovery of Costs. VoiceStream shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise Agreement or under
ordinances of the City. Where the City incurs costs and expenses for review or inspection of
activities undertaken through the authority granted in this Franchise Agreement or any
ordinances relating to the subject for which permit fees have not been established,
VoiceStream shall pay such reasonable costs and expenses directly to the City.
K. Vacation. If at any time the City shall vacate any City road, right -of -way or other City
property which is subject to rights granted by this Franchise Agreement, and said vacation
shall be for the purpose of acquiring the fee or other property interest in said road, right -of-
way or other City property for the use of the City, in either its proprietary or governmental
capacity, then the City may, at its option and by giving thirty (30) days written notice to
VoiceStream, terminate this Franchise Agreement with reference to such City road, right -of-
way or other City property so vacated, and the City shall not be liable for any damages or loss
to VoiceStream by reason of such termination other than those provided for in RCW 35.99.
VoiceStream Franchise 10/3/03 3
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by VoiceStream to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City that
describes the violations of the franchise and requests remedial action within thirty (30) days of
receipt of such notice If VoiceStream has not attained full compliance at the end of the thirty
(30) day period following receipt of the violation notification, the City may declare an
immediate termination of all franchise rights and privileges, provided that full compliance was
reasonably possible within that thirty (30) day period.
B. Emergency Actions.
1. If any of VoiceStream's actions, or any failure by VoiceStream to act to correct a
situation caused by VoiceStream, is deemed by the City to create a threat to life or property,
the City may order Voice Stream to immediately correct said threat or, at the City's discretion,
the City may undertake measures to correct said threat itself; provided that, when possible, the
City shall notify VoiceStream and give VoiceStream an opportunity to correct said threat
before undertaking such corrective measures. VoiceStream shall be liable for all costs,
expenses and damages attributed to the correction of such an emergency situation as
undertaken by the City to the extent that such situation was caused by VoiceStream and shall
further be liable for all costs, expenses, and damages resulting to the City from such situation,
and any reimbursement of such costs to the City shall be made within thirty (30) days of
written notice of the completion of such action or determination of damages by the City. The
failure by VoiceStream to take appropriate action to correct a situation caused by VoiceStream
and identified by the City as a threat to public or private safety or property shall be considered
a violation of franchise terms.
2. If, during construction or maintenance of VoiceStream's facilities, any damage
occurs to an underground facility and the damage results in the release of natural gas or other
hazardous substance or potentially endangers life, health or property, VoiceStream or its
contractor shall immediately call 911 or other local emergency response number.
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the
City's available remedies in the event of VoiceStream's failure to comply with the provisions of
this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific
performance and/ or damages.
D. Removal of System. In the event that this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, VoiceStream shall, at its sole
expense, promptly remove all system components and facilities, provided that the City, at its
sole option, may allow VoiceStream to abandon its facilities in place
Section 7. Insurance.
A. VoiceStream shall maintain liability insurance written on a per occurrence basis
during the full term of this franchise for personal injuries and property damages. The policy
shall contain coverage in the amounts and conditions stipulated in Title 11 of the Tukwila
Municipal Code.
B. Such insurance shall specifically name —as additional insured —the City, its officers,
and employees; shall apply as primary insurance; shall stipulate that no insurance affected by
the City will be called on to contribute to a loss covered thereunder; and shall further provide
that the policy shall not be modified or canceled during the life of the permit or Franchise
Agreement without giving thirty (30) days written notice to the City. Notice shall be by
certified mail, return receipt requested to the City.
C. If the City determines that circumstances warrant an increase in insurance coverage
and liability limits to adequately cover the risks of the City, the City may require additional
insurance to be acquired. The City shall provide written notice should the City exercise its
right to require additional insurance.
VoiceStream Franchise 10/3/03 4
Section 8. Other Permits and Approvals. Nothing in this Agreement shall relieve Voice
Stream from any obligation to obtain approvals or necessary permits from applicable Federal,
State and City authorities for all activities in the franchise area.
Section 9. Transfer of Ownership.
A. The rights, privileges, benefits, title or interest provided by this franchise shall not be
sold, transferred, assigned or otherwise encumbered, without the prior written consent of the
City, with such consent not being unreasonably withheld or delayed. No such consent shall
be required, however, for a transfer in trust, by other hypothecation, or by assignment or any
rights, title or interest in VoiceStream's wireless system in order to secure indebtedness.
Approval shall not be required for mortgaging purposes, provided that the collateral pledged
for any mortgage shall not include the assets of this franchise, or if such transfer is from
VoiceStream to another person or entity controlling, controlled by, or under common control
with VoiceStream.
B. In any transfer of this franchise which requires the approval of the City, VoiceStream
shall show that the recipient of such transfer has the technical ability, financial capability, and
any other legal or general qualifications as reasonably determined by the City to be necessary
to ensure that the obligations and terms required under this Franchise Agreement can be met
to the full satisfaction of the City. The qualifications of any transferee shall be determined by
hearing before the City Council, and the approval to such transfer shall be granted by
resolution of the City Council. Any administrative costs associated with a transfer of this
franchise which requires the approval of the City shall be reimbursed to the City within thirty
(30) days of such transfer.
Section 10. Administrative Fees.
A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from
imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees
may be collected for administrative expenses related to such franchise. VoiceStream does
hereby warrant that its operations as authorized under this franchise are those of a telephone
business as defined in RCW 82.04.065.
B. VoiceStream shall be subject to a $5,000 administrative fee for reimbursement of costs
associated with the preparation, processing and approval of this Franchise Agreement. These
costs shall include but not be limited to wages, benefits, overhead expenses, equipment, and
supplies associated with such tasks as plan review, site visits, meetings, negotiations, and
other functions critical to proper management and oversight of City's right -of -way.
Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila
Municipal Code. Payment of the one -time administrative fee is due 30 days after franchise
approval.
C. In the event VoiceStream submits a request for work beyond scope of original
franchise, or submits a complex project that requires significant comprehensive plan review or
inspection, VoiceStream shall reimburse City for franchise amendment and expenses
associated with the project. VoiceStream shall pay such costs within thirty (30) days of receipt
of bill from the City.
D. Failure by VoiceStream to make full payment of bills within the time specified shall be
considered sufficient grounds for the termination of all rights and privileges existing under
this ordinance, utilizing the procedures specified in Section 6.A. of this ordinance.
Section 11. Notices. Any notice to be served upon the City shall be delivered to the
following addresses, respectively:
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, WA 98188
VoiceStream Franchise 10/3/03 5
and
VoiceStream PCS III Corporation
Attn: Legal Department
12920 SE 38th Street
Bellevue, WA 98006
With coat to:
VoiceStream PCS III Corporation
Attn: Lease Administrator
19807 N. Creek Parkway North
Bothell, WA 98011
Section 12. Claims for Damages.
A. VoiceStream shall use reasonable and appropriate precautions to avoid damage to
persons or property in the construction, installation, repair, operation and maintenance of its
structures and facilities. VoiceStream ,shall indemnify and hold the City harmless from all
claims, actions or damages, including reasonable attorney's and expert witness fees, which
may accrue to or be suffered by any person or persons, corporation or property to the extent
caused in part or in whole by any negligent act or omission of VoiceStream, its officers, agents,
servants or employees, carried on in the furtherance of the rights, benefits, and privileges
granted to VoiceStream by this Franchise, In the event any claim or demand is presented to or
filed with the City which gives rise to VoiceStream's obligation pursuant to this Section, the
City shall— within a reasonable time— notify VoiceStream thereof, and VoiceStreain shall have
a right, at its election, to settle or compromise such claim or demand.
B. In the event any claim or action is commenced in which the City is named a party,
and which suit or action is based on a claim or demand which gives rise to VoiceStream's
obligation pursuant to this section, the City shall promptly notify VoiceStream thereof, and
VoiceStream shall, at its sole cost and expense, defend such suit or action by attorneys of its
own election. In defense of such suit or action, VoiceStream may, at its election and at its sole
cost and expense, settle or compromise such suit or action.
C. This section shall not be construed to require VoiceStream to:
1. protect and save the City harmless from any claims, actions or damages;
2. settle or compromise any claim, demand, suit or action;
3. appear in or defend any suit or action; or
4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional
acts of the City, its employees, agents or independent contractors.
D. To the extent of any concurrent negligence between VoiceStream and the City,
VoiceStream's obligations under this paragraph shall only extend to its share of negligence or
fault. The City shall have the right at all times to participate through its own attorney in any
suit or action which arises out of any right, privilege and authority granted by or exercised
pursuant to this Franchise, when the City determines that such participation is required to
protect the interests of the City or the public Such participation by the City shall be at the
City's sole cost and expense.
Section 13. Severability. If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, the City may, at its
sole option, deem the entire ordinance to be affected and thereby nullified. However, in the
event that a determination is made that a section, sentence, clause or phrase in this ordinance
is invalid or unconstitutional, the City may elect to treat the portion declared invalid or
unconstitutional as severable and enforce the remaining provisions of this ordinance; provided
that, if the City elects to enforce the remaining provisions of the ordinance, VoiceStream shall
have the option to terminate the Franchise Agreement.
Section 14. Indemnification. Except to the extent that any claims, liability, loss, cost,
judgments or damages are due to the negligence or intentional acts of the City, its employees,
agent or independent contractors, VoiceStream agrees and covenants to indemnify, defend
and hold harmless the City, its officers, employees, agents and representatives from and
against any and all claims, liability, loss, cost, judgments or damages, whether to persons or
property, or expense of any type or nature including reasonable attorney's fees and expert
witness fees, to the extent it arises from any negligent act or omission or willful misconduct of
Voicestream Franchise 10/3/03 6
VoiceStream, its successors and assigns arising from or connected to VoiceStream work under
this Franchise; provided however, that in case any suit or action is instituted against the City
by reason of any such damage or injury, the City shall:
1 cause written notice thereof to be given to Voice Stream:
2. provide all reasonably requested assistance in defense or settlement of such claim
at VoiceStream's expense; and
3. retain the right to control the defense or settlement of such claims.
Section 15. Reservation of Right's.` The parties agree that this agreement is intended to
satisfy the requirements of all applicable laws, administrative guidelines rules, orders and
ordinances. Accordingly, any provision of this agreement or any local ordinance which may
conflict with or violate the law shall be invalid and unenforceable, whether occurring before or
after the execution of this agreement, it being the intention of the parties to preserve their
respective rights and remedies under the law, and that the execution of this agreement does
not constitute a waiver of any rights or obligations by either party under the law.
Section 16. Police Powers. Nothing contained herein shall be deemed to affect the City's
authority to exercise its police powers. VoiceStream shall not by this Franchise Agreement
obtain any vested rights to use any portion of the City right -of -way except for the locations
approved by the City and then only subject to the terms and conditions of this Franchise
Agreement. This Franchise Agreement and the permits issued thereunder shall be governed
by applicable City ordinances in effect at the time of application for such permits.
Section 17. Future Rules, Regulations, and Specifications. VoiceStream acknowledges
that the City may develop rules, regulations and specifications, including a general ordinance
or other regulations governing tel nications operations in the City. Such regulations,
upon written notice to VoiceStream, shall thereafter govern VoiceStream's activities
hereunder; provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect VoiceStream's rights pursuant to and
in accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to VoiceStream and other
similar user of such facilities.
Section 18. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force and effect five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2003.
ATTEST/ AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
VoiceStream Franchise 10/3/03 7
Steven M. Mullet, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Project Description
EXHIBIT A
FRANCHISE AGREEMENT
VOICESTREAM PCS, INCORPORATED
VoiceStream plans to install wireless facilities within the City right -of -way (ROW).
Installations will generally consist of antennas placed on top of new or existing structures (i.e.
utility poles) in the ROW. Average height above ground of the antennas is approximately 30-
120 feet. The antennas will have associated coax running down the pole to a base transceiver
station (BTS). The BTS will be placed either in the ROW or on adjacent property to the ROW.
Each installation will require power and telephone or microwave connectivity. Individual
installations will vary depending on location and specific engineering criteria.
VoiceStream wireless facilities are designed to be the least visually obtrusive design while
meeting the coverage objectives and compliance with all applicable codes. The sites will be
unmanned and will not require water, waste treatment or management of hazardous waste.
Minimal traffic would be generated during the construction phase while the crew is traveling
to and from the site. Existing access and parking will be utilized; no vehicular access to the
equipment area is necessary after completion of construction. After construction is completed,
there would be approximately one visit per month by a field engineer for routine maintenance.
Facilities Location and Standards
VoiceStream wireless facilities will initially be located in the vicinity of S. 144th and 51st
Avenue S. The need for new sites is dictated by market demand, capacity, coverage
requirements for a particular geographic area, and the radio frequency hand -off from one site
to another in order to achieve seamless communications coverage. The selection and design of
a specific PCS site is further refined by considering local topographic and geographic factors,
tree canopy, buildings, mountains, water bodies, the ability to mitigate the antenna support
structure's visual impact, compatibility of the facility with existing land uses, and space
availability. Because PCS signals must travel in an unobstructed path from the facility to the
user, the presence of any one or all of these factors can negatively influence the quality of
transmission and reception. The height and location of each VoiceStream site is based upon
the ability of the site to effectively function despite those obstacles. In addition, Federal
Aviation Administration requirements regulate the height of an antenna support structure
near or on major airport facilities.
In the event VoiceStream decides to construct new wireless facilities VoiceStream shall submit
plans and obtain permits as required by Title 11 of the Tukwila Municipal Code. City reserves
the right to approve siting, construction standards, and specifications of the new wireless
facilities.
VoiceStream Franchise 1013103 8
Date:
City Of Tukwila
Office of the City Clerk
6200 Southcenter Blvd
Tukwila, WA 98188
Re: Ordinance No. Adopted
Dear Ms. Cantu:
EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
VOICESTREAM PCS, INCORPORATED
In accordance with and as required by Section of City of Tukwila Ordinance
No. passed by the City Council and approved by the Mayor on
(the "Ordinance VoiceStream PCS III Corporation hereby
accepts the terms, conditions and, obligations to be complied with or performed by it under the
Ordinance.
Sincerely,
Signature
Printed Name
Title
Voice Stream Franchise 10/3/03 9
Meeting Date
Meeting Date
10/6/03
CAS Number: 03-122
Recommendations:
Sponsor: N/A
Committee: N/A
Administration:
Cost Impact (if known):
I Fund Source (if known):
COUNCIL AGENDA SYNOPSIS
Meeting Date
10/6/03
See attached
411 Fund bond issue
Initials
Prepared by I Mayor's review I Council review
AD I fifth 0*1- Latt. I
Admin. X
Attachments
Cover letter from Alan Doerschel, Finance Director
Summary update on project cost estimates
Latest capital project status sheet
11�TF WATT
Original Agenda Date:
October 6, 2003
ITEM No.
Si
Agenda Item Title: Foster Clubhouse replacement financial status update
I Original Sponsor: Council
Timeline: Present update at 10/6/03 Regular Meeting
Sponsor's Summary: Provide overview of financial/budget status of the Foster Clubhouse and Course Improve-
ments project.
Actions
DATE: October 1, 2003
TO: Mayor and City Council RIO
FROM: Alan Doerschel, Finance Director
SUBJECT: Foster Golf Course Clubhouse and
Course Improvements Financial Update
The new clubhouse and course improvements effort has been in
progress for several years now. With the final stages of completion
nearing, it is appropriate to summarize the financial status of this
project.
The attached statement of costs dated 5/18/03 from David Clark,
project architect, is a good basis for determining where we are now.
Basically, the initial bid from the clubhouse contractor is the only major
departure from the May estimate of total project costs.
The attached capital project sheet gives a yearly summary of
expenditures, and includes the architect's revised estimate. The final
bond issue amount was based on the latest project estimate.
In addition, the contractor has agreed with the concessionaire to
purchase and install his restaurant equipment as shown on the
architect's estimate. Repayment to the City by the concessionaire is
outlined in our proposed agreement.
DAVID A, CLARK ARCHITECTS, PLLC
Foster Golf Links
100% Construction Documents Stage Created 28 Mar
Statement of Probable Cost Revised 18 May 03
Construction Costs
Demolition/Removal (from City) 120,926
Building Construction Budget (See Breakdown) 2,605,105
Golf Improvement Construction Budget (from Berger) 288,000
Golf Water Feature Construction Budget (from Berger) 92,680
3,106,711
Related (Soft) Costs
Permits (Estimate) 0.0% 3,106,711 30,000
A/E 294,088
A/E Contingency Interior Design 8% 294,088 23 527
Golf Course Architect Design Fees 41,235
WSST 8.8% 3,106,711 273,391
Insurance 0.0% 2,605,105
Advertising, Bidding Costs 0.4% 2,605,105 9,118
Printing, Reimbursables 1.0% 2,605,105 S 26,051
Testing 1.0% 2,605,105 26,051
Peer Review 15,300
Temporary Facilities 15,030
Utility connections 38,123
Archeological Review 13,502
Historical Documentation 9,538
Arborist 2,800
Foster Tree Protection 3,612
Wildlife Biologist 2,500
1% for the Arts 1.0% 2,605,105 26,051
Survey 4,900
Soils Engineering 10,800
Startup 0.2% 2,605,105 5,210
870,827
Owner's Contingency (Golf) Plus tax 10.0% 414,180 41,418
Ownets Contingency (Building) Plus tax 10.0% 2,834,354 283,435
ITi&A4'.B.NHOt "d8(S' i_n,...S*... S 7t•'As 6 .ts.:; :e.h.. :.4,1.r .00309.31
Other Costs (Including Tax, where applicable)
Speciality Equipment (Hitting Nets, etc)
Telephone System, POS system
Golf related Furniture, Fixtures and Equipment
Netting at 9th hole
Project Manager
Security (Burglar)
Exterior signage
223,801
q
111414FPrU. 0011B ;142t .a. ,:€.str.-.a:41+2Ti+T:ti2 ow'�"- i e ai /i+iii:.c'Y?`? .{-attic g'4.743:lI
Additional FF &E for Concessionaire 350,000
Amount already Allocated (64,306)
'TOtsEXiittiditttrxs
Reconciliation
Project Costs
FF &E Costs
David A. Clark Architects, PLLC
6,202
29,006
50,070
41,500
72,000
8,704
16,320
285,694
Y,85:1: :8n4
4,461,887
350,000
.'a Sfm887Ei Original Estimates
288,113 Projected Additional Funding
$5,100,000 Total CIP Amount
*Majority of Projected Additional Funding attributed to final bid from contractor, which
was $231,436 higher than estimate.
Budget Final Estimate (Clark@Bonding) 05- 18- 03.xls: Project Costs Printed 10/1/03, 12:55 PM
PROJECT: Foster Golf Links Club House Replacement
LINE ITEM: 411 00.594.760. .19 PROJECT NO. 89 -BG09
The existing 50 -year old facility will be replaced with a larger, more efficient building, additional parking, golf
DESCRIPTION: course improvements and irrigation upgrades. A pro shop, full service restaurant, and meeting spaces will be
included.
JUSTIFICATION:
STATUS:
MAINT. IMPACT: New building will be more energy efficient and less costly to repair. Cleaning costs will increase.
A $5.775 million Bond issued in 2003 is the primary source of funding. The net proceeds are $5.1 million ($5.775
million less $.675 for operating reserves and expenses).
COMMENT:
Current building has structural, electrical, and plumbing problems that would be costly to repair. The building
lacks modern heating, cooling, and ventilation systems. Handicap entries do not exist.
Design completed in 2002. Construction of the building, along with golf course improvements will be done in 2003
and 2004.
FINANCIAL Through Estimated
(In $000's) 2002 2003 2004 2005 2006 2007 2008 2009 BEYOND TOTAL
EXPENSES
Engineering 335 300 89 724
Land (RNV) 0
Construction 3,165 1,211 4,376
TOTAL EXPENSES 335 3,465 1,300 0 0 0 0 0 0 5,100
FUND SOURCES
Awarded Grant
Proposed Grant
Mitigation Actual
Mitigation Expected
Bonds 5,100
City Oper. Revenue 335 (1,635) 1,300
TOTAL SOURCES 335 3,465 1,300 0 0
Project
Location
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2004 to 2009
SI1111511 i
A l p l I
wiz
137
0
0
0
0
5,100
0 0 0 0 0 0
0 0 0 0 5,100
r
CAS Number: 03-123
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Committee:
Administration:
Cost Impact (if known):
I Fund Source (if known):
Meeting Date I
10/6/03 I
Meeting Date
10/6/03
Sponsor:
COUNCIL AGENDA SYNOPSIS
Initials
I Meeting Date Prepared by I Mayons revieyj I C tl r„• iew
I October 6, 2003 BF /MS
Parks Recreation Administration
ens,, /r i 4%, ,G✓,i.
Original Agenda Date: Ootobar 6, 2003
Agenda Item Title: Foster Golf Course Projects Action Items:
1. Clubhouse Project Change Order Approval: Purchase of Kitchen Equipment
2. Mayoral Authority to Execute Concessionaire (Restaurant Owner) Contract
Parks Recreation Administration.
For Council approval, meeting of October 6, 2003.
1) Request Authorization of Clubhouse Project Change Order Approval for the Kitchen
Equipment Purchase of $300,000. These costs were not included in the bid amount and
contract award to the general contractor (WPC), or in the project contingency related to
that contract.
2) Request authorization of Mayor to execute Concessionaire (Restaurant Owner) Contract
(Attached memo dated 9/17/03 provides additional information to this summary)
1) Authorize Mayor to Execute "Concessionaire Agreement";
2) Authorize Clubhouse Project to a) approve kitchen equipment change order with WPC
Construction for $300K, b) amend clubhouse project budget contingency and WPC
contract amount by $300K.
CAP on 9/23/03: Advised that issue be taken to Council on 10/6/03 for approval
Same as sponsor.
No Cost Impact to Total Project Funding
Foster Golf Capital Improvement Project, previously approved by Council
:4% *0t4 3'S
Action
Attachments
ITEM NO.
5.c
I Item 1) Memo from Bruce Fletcher dated Feb 20, 2003
I Item 2) Memo from Bruce Fletcher dated October 1, 2003
I Item 3) Final Restaurateur Contract
I Item 4) Informational Memo dated 9/17/03 by Mike Sweeney to Mayor Mullet and CAP
F
MEMORANDUM
LE COPY
TO: Community Affairs and Parks Committee
FROM: Bruce Fletcher, Director of Parks and Recreation
DATE: February 20, 2003
SUBJECT: Foster Golf Course Restaurant Concession Agreement
The Foster Clubhouse design team has been in restaurant discussions with Gordon Harris
of Gordy's of Tukwila, Inc. for some time to provide restaurant services to the new
Clubhouse restaurant.
Mr. Harris has been working with an interior designer and the Smith Green Company
for food service equipment and supplies to be provided in our new restaurant. All design
work has been shared with our clubhouse architect in a cooperative and teamwork
atmosphere.
The next step is to complete a Restaurant Concession Agreement. City staff has
completed a draft agreement and shared the first reading with Mr. Harris last week.
Major components of the agreement include:
Mr. Harris will pay the City a $25,000 good faith deposit upon contract acceptance
Agreement terms are for seven (7) years and may be extend an additional seven years
by written addendum.
First year percentage of the gross receipts will be 5% and 4% above $2,000,000.00.
Year 2 -7, percentage of the gross receipts will be
Restaurant Lounge: 6% up to $1,000,000.00
5% above $1,000,000.00
4% above $2,000,000.00
Catering Room Rental 7% up to $500,000.00
6% above $500,000.00
Out Catering 2% flat fee
The concessionaire shall pay to the City all costs of the acquisition of identified kitchen
equipment and perform routine maintenance and cleaning and all necessary repair and
replacement.
The next step is to have the complete agreement reviewed by our Legal Department prior
to bringing it back for Council approval.
MEMORANDUM
TO: Tukwila City Council
FROM: Bruce Fletcher, Director of Parks Recreation
DATE: October 1, 2003
SUBJECT: Restaurant Agreement with Gordy's of Tukwila, Inc.
The Parks Recreation Department advertised a request for qualifications for the
operation of the new Foster Clubhouse restaurant, lounge and banquet facilities in August
of 2002. The clubhouse design team, interviewed the top three candidates and
determined that Gordon Harris of Gordy's Steak BBQ Smokehouse was the most
qualified candidate.
The City's interest was to create an exciting business opportunity to partner and offer
quality food service to our new clubhouse. This public /private partnership will provide a
long -term contract that will share financial investments as well as bring new revenues to
the project.
Mr. Harris has worked with the clubhouse design team for over a year and has hired an
interior designer and the Food Service Company Smith Green for kitchen design and
equipment selections.
We have worked for many months and made many revisions to this new restaurant
concessionaire contract that will eventually provide food and drink services to our golfers
and new food customers.
It is with pleasure the Parks Recreation Department presents the final draft contract
between the City of Tukwila and Gordon Harris of Gordy's of Tukwila, Inc. to the City
Council. It is our recommendation that you authorize the Mayor to execute the Foster
restaurant concessionaire contract.
BF
FOSTER GOLF COURSE RESTAURANT
CONCESSION AGREEMENT
This agreement Agreement") is entered into by and between the CITY OF TUKWILA, a
municipal corporation of the State of Washington (hereinafter referred to as the "City and
GORDY'S OF TUKWILA, INC., a Washington ,corporation (hereinafter referred to as
"Concessionaire
WITNESSETH, that in consideration of the mutual promises, covenants and agreement
contained herein, the parties hereby agree as follows:
I CONCESSION RIGHTS GRANTED
The City hereby grants to the Concessionaire for the term and upon the conditions and
provisions contained herein the exclusive restaurant, lounge, snack bar, catering, and
beverage /snack cart concession rights at the Foster Golf Course located at 13500 Interurban
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, Storage, Covered Patio, Patio, Interior Rest
Rooms, Marketing Office, Lobby/Hospitality Area also known as rooms 101, 102, 104, 103, 104,
108, 110, 111, 112, 113, 114, 115, 116, 121,122, 129, 130, and A -3 as shown on the floor plan
attached as Exhibit A attached hereto and incorporated by reference. In addition, the City grants the
Concessionaire the exclusive right to operate a beverage /snack cart on the golf course. City reserves
the right, and Concessionaire acknowledges City's right, for the golf course pro shop to sell drip
coffee, bottled or canned beverages (including water, soda, juices, but not alcoholic beverages),
prepackaged snacks and prepackaged sandwiches incidental to the operation of the pro shop.
The City acknowledges that convenient parking is necessary for the operational and financial
success of the restaurant, lounge, and other food and beverage business to be conducted by
Concessionaire in the Concession Areas. In order to assure that Concessionaire has sufficient
customer parking, City agrees, by signage or other markings, to designate twenty-four (24) spaces
as two -hour (2) restricted parking only. These spaces are provided with intent that the two -hour (2)
restriction will cause golf patrons parking for longer durations, not to utilize these twenty-four
spaces proximate to the Concession Areas main entrance. These spaces are shown on the parking
site plans, are hereby identified as the twenty (20) stall parking section, closest to and just easterly
of the entrance planter in the main parking lot's central section, and the four (4) stalls in the main
parking lot at the north curbline immediately adjacent to the six stalls designated for handicap only
parking. City shall mark these twenty-four spaces, by sign or other markings, with words to the
effect "2 Hour Parking Only While interacting with patrons, clubhouse staff will encourage
parking restriction compliance by golf patrons.
FOSTER GOLF LINKS CLUBHOUSE Page 1 of 30
CONCESSION AGREEMENT
Restaurant /Lounge:
II TERM OF CONCESSION AGREEMENT
This agreement shall commence on the first day the restaurant operation is open to the public
(the "Commencement Date and shall expire seven (7) years from the first day of the first calendar
month immediately following the Commencement Date. Provided that Concessionaire is not then in
default of this Agreement, Concessionaire shall have right to further extend the lease for an
additional seven (7) years, provided the city and concessionaire mutually agree upon reasonable
modifications (if any) to those fees and assessments contained in Article III of this agreement, and
further agree upon any facility restorations, improvements, or upgrades that result from the
evaluation of facility conditions, potential improvements or alterations. Notification of the
Concessionaire's intent to exercise provisions for this lease must be issued by the Concessionaire to
the City by formal written notice, not later than one hundred eighty (180) days prior to the
expiration of the initial term of this Agreement. If the seven (7) year extension is sought, the terms
of this Agreement, or any revisions thereto when mutually agreed to by the City and
Concessionaire, shall apply to the additional seven (7) year period.
Catering /Room Rental
Out Catering
III CONCESSION FEES
Concession Fees (defined below in Section III G) shall be paid to the City by the
Concessionaire as follows:
A. For the period that concludes December 31, 2004 Concessionaire shall pay the City
the following percentage of the Gross Receipts:
Restaurant /Lounge /Catering/Room Rental:
5% of Gross Receipts up to $2,000,000.00
4% of Gross Receipts above $2,000,000.00
Out Catering 2% of Gross Receipts
B. For the period after the first twelve (12) complete calendar months following the
Commencement Date through termination of the Agreement, Concessionaire shall pay the City the
following percentage of the Gross Receipts:
6% of Gross Receipts up to $1,000,000.00
5% of Gross Receipts above $1,000,000.00
4% of Gross Receipts above $2,000,000.00
7% of Gross Receipts up to $500,000.00
6% of Gross Receipts above $500,000.00
2% of Gross Receipts
The payments of a percentage of Gross Receipts, as set forth above, are hereinafter referred to as the
"Percentage Fees."
FOSTER GOLF LINKS CLUBHOUSE Page 2 of 30
CONCESSION AGREEMENT
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 Receints" shall include the total amount in dollars of the actual price
charged, whether for cash or on credit, for all sales by Concessionaire for merchandise, food,
beverages, services, gift or merchandise certificates, rentals, and all other receipts from business
conducted at, in, on, about or from the Concession Areas, but shall not include the following:
(a) sales of gift or merchandise certificates until converted to a sale by redemption on the
Concession Areas; (b) any sums collected and remitted for any retail sales tax, retail excise tax or
general excise tax imposed by any duly constituted governmental authority and separately stated to
and collected from customers; (c) any exchange of goods or merchandise between the stores of
Concessionaire where such exchange of goods or merchandise is made solely for the convenient
operation of the business of Concessionaire; (d) any cash or credit discount, allowance or refund made
upon any sale; (e) any sales of fixtures and equipment which are not a part of Concessionaire's stock in
trade; (f) the sales price of meals provided to employees; (g) the portion of meals provided to
customers pursuant to coupons or other promotional programs or devices (to the extent that
Concessionaire receives no payment therefor or for the coupon or promotional programs or device);
(h) tips or gratuities paid by customers to or for the benefit of Concessionaire's employees which are
retained by Concessionaire's employees; (i) the portion of the receipts from any vending machines or
other coin- or token operated device that Concessionaire must remit to any third party for providing
and/or stocking said machine or device, excluding any vending machines located inside the Pro Shop;
0) 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 A
above. If the monthly Percentage Fees payment is not received by the 15th of each month, then the
Concessionaire shall pay a late charge of ten percent (10 of the applicable month's Percentage
Fees.
F. Concessionaire shall pay to the City monthly a sum equal to 1/60 of the City's total
cost for acquisition of the kitchen equipment listed in Exhibit C attached hereto and incorporated
herein by reference. The City shall furnish concessionaire with a payment schedule. (Note: Such
payment is sometimes referred to hereinafter as the "Ecuinment Acquisition Reimbursement
Payment Concessionaire shall perform routine maintenance and cleaning and all necessary repair
and replacement of the said equipment during the term of this agreement at Concessionaire's sole
FOSTER GOLF LINKS CLUBHOUSE Page 3 of 30
CONCESSION AGREEMENT
cost. When and if Concessionaire has paid the monthly Equipment Acquisition Reimbursement
Payment obligation set forth in this Section III.E, for a period of five (5) years, the Concessionaire
shall have the right to purchase said Kitchen Equipment from the City by paying to the City $100.00
by check. The first payment by the concessionaire shall be due 45 days after the date the restaurant
is opened for business operations to the public. The range hood, exhaust and makeup air exchange,
and HVAC system (and all equipment in Exhibit Cl shah remain the property of the City and not to
be included within the cost of acquisition of the kitchen equipment and monthly payment. The
concessionaire shall provide proof of normal and periodic maintenance for range hood, exhaust and
makeup air exchange, and HVAC system by furnishing within monthly reports copies of servicing
reports and invoices.
G. The Percentage Fees, Leasehold Tax, and Equipment Acquisition Reimbursement
Payment are referred to collectively as the "Concession Fees." All required payments of
Concession Fees and the monthly Gross Receipt reports shall be delivered to the:
Finance Director
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
A. The Concessionaire shall:
IV OPERATIONS AND SERVICE
1. Provide the number of personnel (in Concessionaire's sole, reasonable judgment) to
adequately manage and staff the Restaurant portion of the Concession Areas. Personnel
shall include a manager, whose principal employment responsibility shall be the
management of this Restaurant and who shall spend a majority of his/her hours in such
management capacity on site at the Restaurant.
2. Prepare the application and assume responsibility for all costs and expenses of the
application and obtaining of a Class H license issued by the Washington State Liquor
Control Board. Concessionaire shall abide by the rules and regulations of the Liquor
Control Board relative to any such licenses. The City shall cooperate in the application
including, without limitation, executing any reasonable, appropriate documents as
"owner" of the Concession Areas that may be required in conjunction with such
application.
3. Provide complete food services, in compliance with all applicable health and food
service regulations, in and from the Restaurant for a minimum of eight (8) consecutive
hours per day during each day of golf course operations, which include most holidays
and all weekends; provided, that limited food service as reasonably approved by the City
may be provided during the period(s) when remodeling and equipment installation is
taking place. Food service shall not be limited at any other time without prior written
FOSTER GOLF LINKS CLUBHOUSE Page 4 of 30
CONCESSION AGREEMENT
approval of the City. The Concessionaire shall determine which actual hours during
each day the Restaurant shall be open.
4. Keep the areas for which the Concessionaire is responsible under this Agreement open
and use them to transact business with the public daily during hours designated by the
Concessionaire. Holidays the Concession Areas may be closed are Christmas Eve,
Christmas Day, New Year's Day, and Thanksgiving Day. Subject to the approval of the
City, the Concessionaire may, upon posting a written notice to the public of not less than
one week, close the restaurant and lounge for a reasonable period of time for repairs or
remodeling as authorized, for taking inventory, or to accommodate construction by the
City of public improvements.
5. Provide necessary advertising to publicize the Restaurant, Lounge and Banquet Rooms
and establish an advertising program acceptable to and approved by the City's Director
of Parks and Recreation Department or designee. The City shall not unreasonably
withhold its approval of an advertising program proposed by the Concessionaire
provided it is in conformance with applicable laws and regulations, is generally accepted
as advertising practices for similar business operations, and reflects community
standards.
B. The facility shall be smoke free with the exception of outdoor Patio and Covered
Patio areas of the Concession Area.
C. The City shall allow the Concessionaire to operate a beverage /snack cart on the golf
course. The cart may serve and sell alcoholic beverages, food items, and sundries.
D. The Concessionaire shall establish all prices for goods and services provided by
Concessionaire in the Concession Areas, subject to the right of the City to periodically review the
price schedules for all food and beverages to ensure competitive pricing with other golf course
concessions.
E. Concessionaire may not subcontract all or any portion of the Restaurant, Lounge or
beverage cart operations.
F. All signs (entry, interior, exterior) and graphics placed upon or affixed to any of the
Concession Areas shall be subject to the prior written approval 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, Concessionaire shall pay any costs which exceeds
the $16,320 amount budgeted by the City for the entry sign.
H. Concessionaire shall use reasonable, good faith efforts to communicate to and
coordinate with golf course management staff all reservations and "private" function activities in the
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CONCESSION AGREEMENT
Concession Areas so as to avoid unreasonable conflicts with golf course events and activities,
particularly when parking limitations exist due to tournaments, demonstrations or other similar
"high use" periods. Concessionaire shall maintain at all times readily accessible, up -to -date
scheduling records associated with the Restaurant and Banquet Rooms.
I. The following shall be excluded from the Concessionaire's operation:
1. Non -food products unless approved by the City;
2. Vending machines unless approved by the City (provided, however, that
Concessionaire shall be allowed to install and maintain one (1) cash machine
in the Concession Areas); and
3. Video games or gambling devices unless approved by the City.
V RELATED RIGHTS
The City shall have the right at any time to establish necessary, reasonable rules and
regulations in the use of the facility, grounds, golf course, and proximate areas provided that the
City shall give thirty (30) days written notice to Concessionaire prior to imposing such rules and
regulation. The rules and regulations may include, but are not limited to, the 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
Concessionaire's food and beverage services and shall pay scheduled prices for any food, beverages
or services provided to City during its use of the Covered Patio.
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CONCESSION AGREEMENT
5. The City reserves the right to use of the Banquet Area and Covered Patio for impromptu
use if no conflicting events are scheduled with Concessionaire for the use of such areas, provided
that City shall give Concessionaire as much advance notice as possible. City shall be required to
use Concessionaire's food and beverage services and shall pay scheduled prices for any food,
beverages or services provided to City during its use of the Banquet Area or Covered Patio.
City shall retain all rights to make improvements to the Club House building to enhance
access or use. Prior to commencing any such improvements, the City shall give the Concessionaire
not less than thirty (30) days prior written notice of the nature and schedule of such improvements
in order for Concessionaire to review and comment on the proposed improvements. The City shall
review and duly consider the comments of the Concessionaire and other relevant information prior
to making a final decision regarding the completion of the improvements. If these additional
improvements increase the cost of the basic liability policy to the Concessionaire, the City shall
reimburse the Concessionaire for any reasonable additional cost. City shall use best efforts to
minimize disruption, construction- related dust, and to otherwise not interfere with Concessionaire's
operations in the Concession Areas. The City shall not unreasonably interfere with access to the
Premises by Concessionaire, its employees, vendors, and customers.
VI PRICES AND WEIGHTS
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 keep the glass
of all windows and doors clean and presentable, furnish all cleaning supplies and materials needed
to operate the Concession Areas in a manner prescribed in this Agreement, and provide all
necessary janitorial services to adequately maintain Concession Areas.
VIII UTILITIES
The City and Concessionaire agree to pay for utility charges consistent with Exhibit `B" of
this agreement. Generally, the concessionaire shall pay all charges for water, sewer, electricity,
Metro utility, natural gas, garbage, and security for the following Concession Areas: the Restaurant,
Lounge, Kitchen, mechanical room (for the Concession Areas), storage area, Banquet Rooms, Patio,
Covered Patio, Interior Rest Rooms, and all sewer, water and garbage. The City's utilities shall
include Marketing Office, 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 a private telephone.
IX CAPITAL IMPROVEMENTS
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CONCESSION AGREEMENT
A. Concessionaire shall, prior to commencing formal planning for any facility
alterations, improvements or construction (interior or exterior), submit to the City's Director of
Parks and Recreation a concept proposal paper including preliminary sketches of such work. If
approved by the Director of Parks and Recreation, the Concessionaire may then submit to the City
in writing, formal plans for alterations, improvements, and construction along with a breakdown of
costs for such improvements.
B. All plans submitted are subject to the approval 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.
C. All work performed shall be done to the satisfaction of the City and shall be carried
out in a manner that minimizes impact upon the use of the golf course by the public. Concessionaire
shall be responsible for obtaining all governmental permits and meeting all code requirements and
shall submit copies of the same to the City or its representative prior to commencing any
construction on the Concession Areas.
D. The City may conduct inspections of any capital improvement work at any time to
assure itself that such work is in accordance with the plans approved by the City. In the event any
such work is not according to plans as then approved by the City, shall send a Notice of Non
Compliance to the Concessionaire. In the event the Concessionaire fails to make corrections within
twenty (20) days after the Concessionaire's receipt of such Notice of Non Compliance, the City
may make whatever corrections necessary to bring such work into compliance with the plans as
approved, and shall charge the Concessionaire for all reasonable costs of such corrective work.
E. Concessionaire shall, prior to commencement of any construction work, deposit with
City the amount of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000) (the
"Concessionaire Deposit in lieu of any other payment and performance bond(s). City shall
deposit the Concessionaire Deposit in an interest bearing account. Provided that Concessionaire has
fulfilled all of its obligations under this Agreement through the Commencement Date, City shall
reimburse to Concessionaire the Concessionaire Deposit, together with interest accrued thereon,
within fifteen (15) days of the Commencement Date.
F. All alterations, improvements, and construction 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. In addition, Concessionaire shall have the
right to remove, without limitation, the items listed in Exhibit D hereto.
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CONCESSION AGREEMENT
X MAINTENANCE
A. Concessionaire shall be responsible for all maintenance in the Concession Areas and
shall repair and replace all damage arising out of its use, or the use of its patrons, of the concession
areas, reasonable wear and tear accepted. Maintenance shall include cleaning, refinishing and
painting of the interior of the Concession Areas specifically including the restaurant, lounge,
kitchen, banquet rooms, and interior restrooms and the exterior's covered patio, and patio areas.
B. The City shall maintain the building structure (including roof, structural elements,
exterior walls, doors and windows), foundation, HVAC system (does not include kitchen range
ventilation and exhaust system or the HVAC system serving the Concession Areas), electric power
lighting panels and distribution circuits, plumbing system including plumbing fixtures, provided,
that any damages or repairs which are the result of the Concessionaire's negligent or intentional acts
shall be the responsibility of the Concessionaire. City acknowledges that it is responsible for the
construction and installation of the plumbing system, including the dishwasher drain and any grease
traps. City shall indemnify and hold harmless Concessionaire from any cost or expense associated
with the maintenance, repair, or replacement of the dishwasher drain/plumbing system due to the
City's election to construct the dishwasher drain/plumbing system without a grease trap.
C. The Concessionaire and City shall each have a representative attend meetings as
needed to discuss and resolve any maintenance problems or concerns. The Mayor of Tukwila shall
settle any unresolved problems in a timely and efficient manner within the limits of this Agreement.
XI INSTALLATION OF EQUIPMENT
A. Concessionaire shall, at no expense to the City, install, on or by the date the
Concession Areas are open to the public, the restaurant/lounge furnishings and kitchen equipment
described on Exhibit D attached hereto and incorporated by reference. All such equipment shall
remain the property of the Concessionaire under the conditions and provisions of this Agreement.
XII HAZARDOUS SUBSTANCES
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
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CONCESSION AGREEMENT
City with a copy of any such report as to which City requests a copy. In the event of any accident,
spill, or other incident involving hazardous or toxic matter that Concessionaire is required to report
to any governmental agency, Concessionaire shall immediately report the same to the City and
supply City with all information and reports with respect to the same, together with
Concessionaire's clean-up or remediation plan and schedule. If such clean-up or remediation plan is
not acceptable to City in City's sole discretion, City may so notify Concessionaire and, upon 48
hours prior written notice (or without notice if so required by an emergency) may enter on the
Concession Areas to conduct the cleanup or remediation and charge Concessionaire the costs
thereof. All information described herein shall be provided to City regardless of any claim by
Concessionaire that it is confidential or privileged, provided that the City shall not publish or
disclose the information to any third party except as pursuant to Chapter 42.17 RCW.
C. Indemnification: Concessionaire agrees to hold harmless, protect, indemnify, and
defend City from and against any damage, loss, claim, or liability, INCLUDING reasonable
attorney's fees and costs, resulting from Concessionaire's use, disposal, transportation, generation,
and/or sale of any Hazardous Substances. The City agrees to hold harmless, protect, indemnify, and
defend Concessionaire from and against any damage, loss, claim, or liability, including attorney's
fees and costs, resulting from (a) Hazardous Substances existing on the Concession Areas as of the
date of execution of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or
generated on the Concession Areas by the City; or (c) Hazardous Substances used, disposed of, or
generated on the Concession Areas by any third party unrelated to Concessionaire. These
indemnities will survive the termination of this Agreement, whether by expiration of the Term or
otherwise.
D. Risk of Loss: All personal property of any kind or description whatsoever in the
Concession Areas shall be at the Concessionaire's sole risk, and City shall not be liable for any
damage done to, or loss of, such personal property. However, Concessionaire is not responsible for
losses or claims of stolen property during those periods of exclusive use of these areas by the city or
its employees.
XIII 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 within the 30 -day period and
thereafter diligently pursues completion of the remedy.
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CONCESSION AGREEMENT
This paragraph shall not apply where the Concessionaire's failure to perform in a timely manner
was caused by the Concessionaire's inability to secure necessary governmental permits, excluding
licenses from the Washington State Liquor Control Board. The Concessionaire may terminate this
Concession Agreement in the event it is unable to secure the governmental permits necessary to the
use of the Concession Areas proposed herein.
C. In addition, the City may terminate this Agreement and take immediate possession of
the Concession Areas in the event that the Concessionaire shall have been convicted of committing
or engaging in any illegal activity as a part of the concession operations, including the willful failure
to pay all taxes and required fees
D. In the event that after termination, as provided herein, Concessionaire has not
removed its property and fixtures within the time allowed, the City may, but need not, remove said
personal property and hold it for the owners thereof, or place the same in storage, all at the expense
and risk of the owners thereof, and Concessionaire shall reimburse the City for any expense incurred
by the City in connection with such removal and storage. The City shall have the right to sell such
stored property, without notice to Concessionaire, after it has been stored for a period of thirty (30)
days or more. The proceeds of such sale shall be applied first to the cost of such sale, second to the
payment of the charges for storage, and the third to the payment of any other amounts which may
then be due from Concessionaire to the City, and the balance, if any, shall be paid to the
Concessionaire. Notwithstanding any provision to the contrary contained herein, City's and
Concessionaires rights under this paragraph shall be subject to the applicable laws of the State of
Washington.
E. Upon expiration of the term of this Agreement, Concessionaire shall remove all it
goods, wares and merchandise from the Concession Areas and shall remove any equipment or
fixtures placed therein by Concessionaire pursuant to the terms of any written Agreement providing
for removal by the Concessionaire upon expiration. The Concessionaire shall have twenty (20) days
to complete removal of such property from the Concession Areas. The Concessionaire shall restore
any areas damaged by the installation of fixtures or equipment to the condition of the area before
installation occurred, reasonable wear and tear excepted. No fixtures or improvements or additions
to the Concession Areas shall be removed unless previously agreed in this Agreement or a separate
writing signed by both parties. The City may, but need not, treat any property remaining upon the
Concession Areas after expiration of this Agreement or period for removal of Concessionaire's
property as abandoned by Concessionaire, and may make any disposition of such property as the
City deems fit.
F. Upon termination or expiration of this Agreement, the Concessionaire shall surrender
the Concession Areas to the City in as good condition as at the date of execution of this Agreement,
except for the effects of reasonable wear and tear, alterations and repairs made with the concurrence
of the City, and property damage caused by risks insured against under fire, extended coverage and
vandalism insurance in current practice.
XIV STANDARDS OF CONDUCT
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CONCESSION AGREEMENT
A. Concessionaire recognizes that, although it is operating the concession facilities as an
independent operator for profit, the City's Department of Parks and Recreation is organized and
exists for the purpose of maintaining park and recreation facilities for the use and enjoyment of the
general public. The Concessionaire and its employees will devote their best efforts toward
rendering courteous service to the public as though, Concessionaire and its employees were
employees of the City, with a view of adding to the enjoyment of the patrons of this recreational
facility.
B. Concessionaire shall operate and conduct the concessions in the Concession Areas in
a business like manner, and will not permit any acts or conduct on the part of the Concessionaire's
employees that would be detrimental to the City's image and operation of the golf course.
C. Concessionaire shall at all times provide sufficient personnel to adequately staff the
Concession Areas. All personnel shall be dressed in neat appearing attire, which shall include a
standard uniform and shirt logo for Concessionaire personnel that shall uniquely identify a
Concessionaire's employee but which shall not in any way infer association with or depict
representation of the City.
XV COMPLIANCE WITH LAWS
The Concessionaire, its officers, employees, and agents shall comply with applicable federal,
state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its
obligations under this Agreement. Such compliance shall include abiding by all applicable federal,
state and local policies to ensure equal employment opportunity based on ability and fitness to all
persons regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. The
Concessionaire shall comply with applicable laws, standards, and regulations pertaining to
employment practices and employee treatment. Conditions of the Federal Occupational Safety and
Health Act of 1970 (OSHA), and the Washington Industrial Safety and Health Act of 1973
(WISHA). Concessionaire agrees to indemnify and hold harmless the City from all damages
assessed for the Concessionaire's failure to comply with the Acts and Standards issued thereunder.
The Concessionaire is also responsible for meeting all pertinent local, state and federal health and
environmental regulations and standards applying to any operation in the performance of this
Agreement.
XVI 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" systems). The electronic and/or digital POS system data files from the restaurant and lounge
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CONCESSION AGREEMENT
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 &O Tax Report for the previous year. No certified
copy of an annual report shall be required. The City shall not pay the Concessionaire for
preparation of any of the financial records or State B &O Tax Report that will be provided to the
City.
XVII 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.
XVIII ADDRESSES FOR NOTICES
Except for payments and Gross Receipt reports as directed by Article III.E. above, any
notice required or permitted hereunder must be in writing and 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 Mayor
Tukwila City Hall
6200 Southcenter Boulevard
Tukwila, WA 98188
And to the Concessionaire at the following address:
Gordon Harris, President
Gordy's Steak BBQ Smokehouse
14303 436 Avenue SE
North Bend, WA 98045
With a copy to:
Jonathan Pearlstein, Esq.
1130 SW 12' Street
North Bend, WA 98045
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CONCESSION AGREEMENT
XIX ASSIGNMENT OF AGREEMENT
The City and Concessionaire each agree to be bound to the other party in respect to all
covenants, agreements, and obligations contained in this contract. Neither party shall assign the
contract in part or as a whole, without the written consent of the other, which consent shall not be
unreasonably withheld, conditioned or delayed. The Concessionaire shall not subcontract any of the
Concession Areas, services, facilities, or equipment, or delegate any of its duties under this
Agreement without the prior written approval of the City, which approval shall not be unreasonably
withheld, conditioned or delayed.
XX EQUALITY OF TREATMENT
A. Concessionaire shall conduct its business in a manner which assures fair, equal and
nondiscriminatory treatment at all times in all respects to all persons without regard to race, color,
religion, sex, age, or national origin. No person shall be refused service, be given discriminatory
treatment, or be denied any privilege, use of facilities or participation in activities on the Concession
Areas on account of race, color, religion, sex, age or national origin.
B. Concessionaire shall not discriminate in employment on the basis of race, color,
national origin, sex, religion, age, marital status, or disability, except for employment actions based
on bona fide occupational qualification.
XXI CASAULTY TO OR DEMOLITION OF CONCESSION AREAS
The parties agree that the primary use of the premises is the operation of a golf course.
Secondary to that use is the concession that is the subject to this Agreement. The parties recognize
that some one or more of these uses may be interfered with or prevented because of fire, earthquake,
flood, storm, landslide, act of war, vandalism, theft or other extraordinary casualty.
A. Material Damage. If the Concession Areas are damaged or destroyed by fire
or any casualty which cannot, despite diligent, good faith efforts be repaired or restored within two
hundred seventy (270) days following the date on which such damage occurs, then Concessionaire
may elect to terminate the Agreement effective as 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 Damage. If Concessionaire does not give notice of
Concessionaire's election to terminate as provided in Section XXI.A. above, then City shall, subject
to the provisions of this Section, immediately commence and diligently pursue to completion the
repair of such damage so that the Concession Areas and the Golf Course Property are restored to a
condition of similar quality, character and utility for Concessionaire's purposes, including
restoration of all items described on Exhibit B and Exhibit C existing in the Concession Areas prior
to such damage. Notwithstanding anything contained herein to the contrary, if the Concession
Areas or the Golf Course property is not repaired and restored within one hundred eighty (180) days
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CONCESSION AGREEMENT
from the date of the damage, Concessionaire may cancel the Agreement at any time before City
completes the repairs and delivers the restored Concession Areas to Concessionaire. If
Concessionaire does not so terminate, City shall continue to restore the Concession Areas.
C. Uninsured Damase. If damage or destruction is caused by a peril not
required to be insured against hereunder and for which insurance proceeds are not available, either
City or Concessionaire may terminate this Agreement by thirty (30) days written notice to the other
of its election so to do and the Agreement shall be deemed to have terminated as of such date unless
the other party agrees in writing to pay for such repairs or restoration.
XXII 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.
XXIII INSURANCE
A. Fire. Earthouake, 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, earthquake, and other casualty coverage
covering the Concession Areas and its contents, including all personal property, fixtures,
improvements. 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.
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CONCESSION AGREEMENT
B. Liability Insurance: Not less than thirty (30) days prior to the date of
Concessionaire's entry onto the Concession Areas, Concessionaire, at its own expense shall obtain
and file with the City's Risk Manager a Certificate of Insurance evidencing commercial general
liability insurance coverage "COL providing coverage of at least $1,000,000 per occurrence for
bodily injury and $500,000 per occurrence for property damage. This Certificate of Insurance shall
be subject to approval by the City's Risk Manager as. to company, terms and coverage, and said
approval shall not be unreasonably withheld. The CGL shall name the City as an additional insured
and must fully protect the City from any and all claims and risks and losses in connection with any
activities or omissions by the Concessionaire by virtue of this Agreement. The CGL policy shall
remain in full force and effect at the Concessionaire's sole expense for liability for property damage
or personal injury that may occur in connection with activities or omissions by the Concessionaire
or its patrons, and provide coverage for the full term of this Agreement. Concessionaire shall insure
that the City's Risk Manager is given thirty (30) calendar days prior written notice, by certified
mail, of any cancellation, lapse, reduction or modification of such insurance. Concessionaire shall
have the right to maintain a deductible level of up to $5,000.00.
C. Release and Waiver of Subroeation: 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.
XXIV HOLD HARMLESS, INDEMNIFICATION, 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 to save, indemnify, defend, or
hold the other party harmless against all liability, loss, damages, and expenses, including costs and
attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in
whole or in part, out of or in consequence of the acts or failures to act of the other party, its
employees, its subcontractors, its agents, or its assigns, which arise in any way out of the
performance of this Agreement. In the case of negligence of both the City and the Concessionaire,
any damages allowed shall be levied in proportion to the percentage of negligence attributable to
each party, and each party shall have the right to seek contribution from the other party in
proportion to the percentage of negligence attributable to the other party.
FOSTER GOLF LINKS CLUBHOUSE Page 16of30
CONCESSION AGREEMENT
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.
XXV RELATIONSHIP OF PARTIES
A. Concessionaire Indenendent Contractor Status: The parties intend that an
independent contractor relationship shall be created by this Agreement. Nothing contained herein
shall create the relationship of principal and agent or of partnership or of joint venture between the
parties hereto, and neither the method of computation of consideration nor any other provision
contained herein shall be deemed to create any relationship between the parties hereto other than the
relationship of City as granting a concession to the Concessionaire. Concessionaire has the
experience, ability, and resources to develop and operate restaurant facility and is performing
independent functions and responsibilities within its field of expertise. Concessionaire and its
personnel are independent contractors and not employees of the City. No agent, employee, servant,
or representative of the Concessionaire shall be deemed to be an employee, agent, servant or
representative of the City. Concessionaire and its personnel have no authority to bind the City or to
control the City's employees. As an independent contractor, Concessionaire is responsible for its
own management. The City's administration and enforcement of this Agreement shall not be
deemed an exercise of managerial control over Concessionaire or its personnel.
B. No Third Party Rights Created: It is mutually understood and agreed that this
Agreement is solely for the benefit of the PARTIES hereto and gives no right to any other party.
C. No Joint Venture/Partnershin: It is mutually understood and agreed that no joint
venture or partnership formed as a result of this Agreement.
XXVI 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 Agreement at Concessionaire's sole expense. Each party
agrees to execute such additional or other documents as may be required to fully implement the
intent of this Agreement.
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,
FOSTER GOLF LINKS CLUBHOUSE Page 17 of 30
CONCESSION AGREEMENT
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.
XXVII WAIVER
Failure to enforce any provision of this Agreement shall not be deemed a waiver of that
provision. No waiver of any right or obligation of either party hereto shall be effective unless in
writing, specifying such waiver, executed by the party against whom such waiver is sought to be
enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of
any other right or power.
XXVIII ADVERTISING
Concessionaire shall submit for the City's approval, not to be unreasonably withheld, all
advertisements for commercial vendors related to the concession operation.
XXIX 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 1/365' per day of prior year's concession
fee as liquidated damages until the City has obtained a new Concessionaire satisfactory to the City.
For 2004, the rate would be at a pro -rated daily amount. Such liquidated damages, if elected by the
City, shall be in lieu of any other remedy provided by law.
XXX COSTS ATTORNEY'S FEES
In any action brought to enforce any provision of this Agreement, including actions to
recover sums due or for the breach of any covenant or condition of this Agreement, or for the
restitution of the Concession Areas to the City or eviction of the Concessionaire during the term or
after expiration thereof, the substantially prevailing party shall be entitled to recover from the other
party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants,
appraisers, and other professionals, at trial or on appeal, and without resort to suit.
XXXI ARTICLE HEADINGS, GENDER, NUMBER
Article paragraph headings are not to be construed as binding provisions of this concession;
they are for the convenience of the parties only. The masculine, feminine, singular and plural of any
word or words shall be deemed to include and refer to the gender and number appropriate in the
context.
XXXII ENTIRE AGREEMENT
FOSTER GOLF LINKS CLUBHOUSE Page 18 of 30
CONCESSION AGREEMENT
This Agreement and its Exhibits constitutes the entire agreement between the parties, and
the Parties acknowledge that there are no other agreements, written or oral, that have not been set
forth in the text of this Agreement.
XXXVII 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.
XXXIV MODIFICATION
This Agreement may only be modified by written instrument signed by both parties.
XXXV ILLEGAL PROVISIONS SEVERABILITY
Should any part of this Agreement be found void, illegal, or unenforceable, the balance of
the Agreement shall remain in full force and effect.
XXXVICOUNTERPARTS
This Agreement may be executed simultaneously in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
XXXVII RECORDING
Upon the execution of this Agreement the City will cause this Agreement to be recorded
with the land use records of King County, Washington.
(Signatures appear on the following page)
FOSTER GOLF LINKS CLUBHOUSE Page 19 of 30
CONCESSION AGREEMENT
IN WITNESS WHEREOF, this Agreement has been entered into between the City of
Tukwila and Gordy's of Tukwila, Inc., as of the day of 2003.
CONCESSIONAIRE
GORDY'S OF TUKWILA, INC.
a Washington corporation
By:
By:
Gordon Harris, President
CITY OF TUKWILA
a Washington municipal corporation
Steven M. Mullet, Mayor
APPROVED AS TO FORM:
City Attorney
ATTEST:
City Clerk
LIST OF EXHIBITS
Exhibit A Architectural Floor Plan with Numerical Identification of Rooms /Spaces
Exhibit B Legal Description of Foster Golf Course Property
Exhibit C Provided by the City in Concessionaire's Interests
Exhibit D —Provided by the Concessionaire
Exhibit E Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance, and Custodial Costs
FOSTER GOLF LINKS CLUBHOUSE Page 20 of 30
CONCESSION AGREEMENT
STATE OF WASHINGTON
ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that STEVEN M. MULLET is the person who
appeared before me, and said person acknowledged that she signed this instrument, on oath stated
that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY
OF TUKWILA to be the free and voluntary act of such party for the uses and purposes mentioned in
the instrument.
Given under my hand and official seal this
STATE OF WASHINGTON
ss.
COUNTY OF KING
On this day of 2003, before me personally appeared Gordon Harris, to
me known to be the President of Gordy's of Tukwila, Inc., a Washington corporation, that executed
the within and foregoing instrument and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute and in fact executed said instrument on behalf of the
corporation.
Given under my hand and official seal this
day of 2003.
Type/Print Name
Notary Public in and for the
State of Washington residing at
My Commission expires
day of 2003.
Type/Print Name
Notary Public in and for the
State of Washington residing at
My Commission expires
FOSTER GOLF LINKS CLUBHOUSE Page 21 of 30
CONCESSION AGREEMENT
EXHIBIT "A"
Architectural Floor Plan with Numerical Identification of Rooms /Spaces
FOSTER GOLF LINKS CLUBHOUSE Page 22 of 30
CONCESSION AGREEMENT
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Legal Description:
EXHIBIT `B"
Legal Description of Property
King County Parcel Account Number 000300004900 Record Number 01
0049 FOSTER STEPHEN DC #38 POR OF DC LY NELY OF PS E RY R/W& NELY ELY
SELY OF FOLG
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
FOSTER GOLF LINKS CLUBHOUSE Page 23 of 30
CONCESSION AGREEMENT
EXHIBIT "C"
Provided by the City in the Concessionaire's Interests
Bolded As specified within the project's construction documents, required by the city
pursuant to its construction contract with Wade Perrow Construction, LLC., General
Contractor.
1. 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 $8704 owners
allowance, with consultation)
10. Power, phone, and data infrastructure
11. Standard electrical type j boxes for future connections of music system by others
12. Restaurant booth stubout walls
13. Restaurant exterior walk up service counter
14. Patio and patio lighting
15. Ducts and fans for connection to three concessionaire supplied and installed kitchen
hoods
16. Raised floor for booths
17. Raised floor for breakfast bar
18. Underslab soda sleeves
19. Underslab plumbing
20. Slab floor sinks and drains
21. Backing for restaurant shelving
FOSTER GOLF LINKS CLUBHOUSE Page 24 of 30
CONCESSION AGREEMENT
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
(Exhibit "C" continued)
25. Roof penetrations and venting, kitchen, restaurant, lounge and all other
26. Smoker slab, shed roof, and installation connections
27. Meeting room data wiring and floorbox connection
28. Meeting room divider /operable partition
29. 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 decor accessories procured by owner to
the extent provided in areas exclusive of the concessionaire's spaces.
35. Lobby furniture as selected and procured by owner;
36. Grease trap as required for compliance to city code
END
FOSTER GOLF LINKS CLUBHOUSE Page 25 of 30
CONCESSION AGREEMENT
EXHIBIT "D"
Provided by the Concessionaire
1. COSTS OF KITCHEN EQUIPMENT AND INFRASTRUCTURE: Those costs described below
are known and referred to by the parties as kitchen equipment and infrastructure. Capital investment
costs associated with kitchen equipment and infrastructure are of immediate value to the
concessionaire. Though the initial outlay is provided by the city to the concessionaire, the terms
borne within this agreement result in their costs eventually paid by the concessionaire. In no case
will the capital investment by the city in the concessionaire's interests exceed $350,000. The
kitchen equipment purchased/supplied by the city represents the majority of the restaurant's
equipment. In the event that the city's costs in procuring and supplying kitchen equipment and
infrastructure are less than $350,000 the concessionaire may offer the city evidence of kitchen
equipment purchased privately related to this project. All or part of those amounts less than
$350,000, may in negotiation with the concessionaire, be applied against this agreement's
repayment terms and conditions or applied against leaseholder balances the concessionaire assumes.
These terms and conditions must be agreed to once city costs are known, and will require an
addendum to this agreement that must be executed not later than April 1, 2004, unless that date is
extended by the city.
a. KITCHEN EQUIPMENT: That equipment specified within Volume 2 of the project manual but
excluding the "Smoke?' and POS (Point of Sale) system that will be purchased directly by
concessionaire. All other equipment contained in Volume 2 is to be procured by the city in the
concessionaire's interest consistent with the terms of this agreement.
b. CONCESSIONAIRE SPACES INFRASTRUCTURE: Included WITHIN the total $350,000
capital investment provided by the city, the following items and their costs are also attributable to
the concessionaire's interests. These costs may be paid by the concessionaire or applied against the
$350,000 balance.
I Item Title
Electrical: Final placement of and electrical connections for restaurant
equipment specified by the concessionaire and procured by the owner in his behalf
that require hardwire electrical connections.
Fireplace: Owner's provisions within the construction project for contractor
procurement installation of restaurant fireplace.
FOSTER GOLF LINKS CLUBHOUSE Page 26 of 30
CONCESSION AGREEMENT
Includes Tax
$22,500
$13,556
Plumbing: Owner's provisions within the construction project for plumbing
systems to the restaurant and connections of equipment within the construction
project or procured by the owner in concessionaire's behalf.
FOSTER GOLF LINKS CLUBHOUSE Page 27 of 30
CONCESSION AGREEMENT
$28,250
TOTAL: i $64,306
(Exhibit `D" continued)
The amounts contained in the above table represent the owner /architect's good faith estimate of costs
incurred attributable to this infrastructure and are hereby fixed.
2. INTERIOR DESIGN SERVICES ENGINEERING COSTS
a. To achieve interior design coordination in joint use of the facility, the city has contracted for
interior design services through the project architect in the concessionaire's interests. An amount
not to exceed $15,000 has been established by the concessionaire as his limit for interior design
services. The city will, after processing payment applications for architectural services, "re-
invoice"' the concessionaire for those services provided.
b. Design engineering costs have been incurred by the city involving restaurant equipment
mechanical, electrical, and plumbing requirements, loads, methods, and installations. Those
requirements have been bid and incorporated within the project's plans and specifications. They
have been billed by the architect to the city in the amount of $3600.
Costs relating to 2A 2B will be paid directly by the concessionaire upon city invoicing.
3. Additive change order costs incurred by the City relating to restaurant equipment that
are a result of equipment substitutions, alterations, or changes when approved by the
concessionaire; when such changes result in differing connection or design
requirements from that equipment procured by the city in the concessionaire's
interests contained in Volume 2 of the project manual.
4. Wood Smoker (J R Oiler 700 and components)
5. All cabinetry in restaurant, kitchen, and bar
6. lounge bar and backbar
7. interior and exterior service stations
8. booths seating
9. breakfast bar
10. double acting doors for 104B,C,D;
11. music system
12. CCTV system
13. Satellite video system
14. restaurant point -of -sale system, other computers and peripherals
15. restaurant, banquet, banquet room phones phone related components
16. specialty booth/wall lighting
END
17. interior signage (matching), as agreed to and paid for in part by owner (costs itemized
per sign apportioned)
18. audio system speakers, PA system in meeting room and/or other concessionaire
areas
19. refrigeration and condensation lines
20. sheet stainless and/or other metal surfacings, backboards, etc.
21. beverage service lines
22. shelving
23. office related hardware, furniture, furnishings and supplies
(Exhibit `D" continued)
24. any and all other cook, dish, food service wares and utensils, tables, chairs, linens
required to provide restaurant services
25. outdoor patio seating and furnishings
26. televisions and other restaurant media to the concessionaires preference;
27. all health, business, and food service compliance permits obtained and maintained
28. installation/hanging of outdoor cooler freezer box compressors
29. All other FF &E not included as within the city's scope but required for a complete
and operating restaurant facility.
30. installation of Food Service Equipment not requiring hard -wired electrical or
plumbing connections
FOSTER GOLF LINKS CLUBHOUSE Page 28 of 30
CONCESSION AGREEMENT
EXHIBIT "E"
Rights in Use and Control of Facility Spaces with Apportioning of Utility, Maintenance, and Custodial Costs
The city and concessionaire have agreed that joint operations of the facility require 1) that rights and responsibilities for
the use and control of spaces be established, and 2) that operating costs respective to those spaces which require 3)
utilities, 4) necessary maintenance and repair, and 4) custodial services be delineated. The following table depicts these
responsibilities:
Room # - Room/Space Ndine .
Right 2 — Uhkty 3 —Maintenance 4 Custodial
100 Pro Shop City City City City
101 Hosprtaltty �_..__.. Joint Use Crty _._ City Ci
102 Restaurant Concessionaire Concessionaire Concessionaire Concessionaire
103 ? ` Lounge Concessionaire - , l 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 Concessionaire Concessionaire
112 Restroom Hallway Corridor Concessionaire City Concessionaire - Concessionaire
113 Mechanical , Joint Use - Concessionaire i Not Required
114 Storage (Meeting Rooms) Concessionaire Concessionaire Concessionaire Concessionaire
115 Women's Restroom Joint Use eConeessionaire Concessionaire Concessionaire
116 Men's Restroom Joint Use Concessionaire Concessionaire Concessionaire
117 :i Electrical Data Room - Joint Uses' Concessionaire Concessionaire Concessionaire
119 Vestibule Front/Main Entry Joint Use City City Concessionaire
120 SRR Sprinkler Riser Room' Joint Use City City City
122 Concessionaire Office Concessionaire City Concessionaire Concessionaire
123 Storage Golf Retail City City City City
124 Lobby Joint Use City City Concessionaire
125 Instruction Area City . City City City
126 Men's Restroom Exterior City City City City
Room/Space Name
1 — Right;..
2 - Utility
3 —Maintenance
Room #
128
129 Pat o, West hovered Dining x Concessionaire
130 Patio, East Covered Dining Concessionaire
130A Patio' Meeting Room Concessionaire
Joint Use
pint Use'
"Gad£-
4 — Custodial
City.
City
Joint (note #1)
Joint (note #1)
Joint (note #1)
City
City
City
City
Parking Lots
Eztenor 5 Lighting:
Landscape
Joint Use City
City
Notes of Explanation
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.
Phone/Data/CATV: Infrastructure is provided by the city. Trailing costs of connections, installation, lines, and subscriber fees are the
responsibility of the user.
Gas: gas usage has been established by separate meters and separate accounts.
Water: Interior water use is the responsibility of the concessionaire; exterior water for irrigation and other uses are the responsibility of the city.
Waste Disposal & /or Recycling: is the responsibility of the concessionaire
Power: power is sub - metered by manual process from within the electrical room based on right of use to spaces. Power attributable to the
concessionaire will be inspected jointly and monthly and invoices the concessionaire.
3. Maintenance: "maintenance" refers not to routine custodial work, but to the maintenance of
walls, carpets, fixed and portable furnishings -- the condition of the space and its contents. It includes replacements of light bulbs, repairs, stain
removal, painting, and refurbishing of spaces as it deteriorates through use over time.
4. Custodial: refers to routine daily and other custodial functions, including but not limited to: sweeping, mopping,
vacuuming, dusting, surface cleaning, waste disposal.
FOSTER GOLF LINKS CLUBHOUSE Page 30 of 30
CONCESSION AGREEMENT
TO: Mayor Steve Mullet
Community Affairs and Parks Committee
FROM: Mike Sweeney, Owner's Representative; Foster Golf Links Projects
DATE: September 17, 2003
SUBJECT: Foster Golf Links Clubhouse Project
Food Service Equipment Change Order Approval
BACKGROUND
1. The City Council's overall funding of the Foster Golf Links Capital Improvement
Project, authorized a funding level beyond those amounts related only to contract
awards for Demolition, Course Improvement, and Clubhouse construction. For
example, costs related to permitting, architecture engineering, interior artwork and
furnishings, and Food Service Eauipment were included in the allocation of funds for
the project.
2. The clubhouse project, since inception and through design, has necessarily required
participation by the "concessionaire" (restaurant operator), with whom the city has
executed an agreement with "leaseholder" provisions.
3. The terms of the concessionaire agreement requires that the city fund the initial
purchase of the food service equipment. The concessionaire, as the leaseholder,
then reimburses these costs to the city. The leaseholder (concessionaire) over a
five- (5) year period must make a monthly Equipment Acquisition Reimbursement
Payment The concessionaire through direct invoicing reimburses certain other
costs incurred by the project in the concessionaire's interests.
4. The concessionaire, at his cost, independently provided our architect and engineers,
dimensional restaurant drawings and specifications for one hundred forty seven
(147) restaurant equipment components. The concessionaire's restaurant and
kitchen drawings, containing dimensionally exacting equipment placements and
manufacturer specifications, were incorporated as reference sources within our bid
documents. The clubhouse contractor's scope of work requires that he provide
electrical, mechanical, and plumbing connections for the restaurants equipment, to
include refrigeration, freezing, exhaust, cooktop, grilling, frying, dishwashing,
dispensing, and related food preparation components.
5. Though food service equipment "connectivity" is required of the clubhouse
contractor, the eauipment itself was originally excluded from the oroiect bid due to
uncertainty in the orocurement method sought by the concessionaire to assure his
costing interests. The eauipment is his to oav for within the "leaseholder" provisions.
6. As the owner's representative, with concessionaire concurring, I commissioned the
general contractor (WPC) to advance for consideration a Food Service Equipment
change order cost proposal. The proposal offered provides for purchase, delivery,
insure, and coordination as well as installation of the food service equipment. WPC
obtained bid proposals from several firms. A final cost of $300,000 including tax
($275,735 without) was agreed to by WPC.
7. The costs of contractor markup, incurred by the concessionaire as a leaseholder to
the city, are of benefit to the project. WPC and the food service equipment firm will
clearly assume the majority of responsibility for delivery, timing, and equipment
conditions upon delivery, equipment placement to plan dimensions, and installation
and connection requirements. Alternatively, the project would have assumed these
coordination roles, and the risks and responsibilities that accompany them. By
authorizing this change order, the project (city) will have avoided the time, cost,
logistics, substitution arguments, and legal exposures that the provider of the Food
Service Equipment assumes. Had the project commissioned a bid or another
procurement method for the equipment, the risks and coordination requirements
would have been assumed as well.
RECOMMENDATION
1. Authorize Change Order with WPC for Food Service Equipment be approved for the
amount of $300,000 with tax; and
2. Authorize the City Council's previously approved project encumbrances for Foster
Golf Links Clubhouse Proiect 89- BG09 -GO1 ,F 03 -02 be amended as follows:
a. Clubhouse Construction Contingency: from 304,447 to 604,447
b. WPC Contract Amount (including tax): from 3,044,768 to 3,344,768
NOTE: No increase in the overall CIP project funding is at issue; this request
involves the distribution of project funds within the project's cost accounting
structure.
cc: Rhonda Berry, Interim City Administrator
Bruce Fletcher, Parks Recreation Director
CAS Number: 03-124
Agenda Item Title:
Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
I Cost Impact (if known):
I Fund Source (if known):
Meeting Date
Meeting Date
10/06/03
O3
1 a 4 (Re£_ 02 -049
Repeal Ordinance 1993.
COUNCIL AGENDA SYNOPSIS
I Meeting Date
1 5/6/02
1 6/3/02
1 8/5/02
1 10/06/03
Council
On August 19, 2002, Council approved Ordinance 1993 vacating Macadam Road from
Southcenter Blvd to Old Bluff Street (old 65th S.), listing five conditions to be satisfied by
Sept. 30, 2003. (File 3.40.55)
Adopt ordinance repealing Ordinance 1993
C
I Prepared by
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F�thi1Zit P Ch'clin nro in final f-'
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I Mayor's review Council review I
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Original Agenda Date: /04/a
Admin.
Action
Attachments
Information Memo dated October 3, 2003.
Exhibit A Ordinance 1993
Exhibit B Vacation Limits
Exhibit C Minutes from 06/03/02 08/19/02 Council Meetings
Public Works
ITEM No.
6. a,
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: October 3, 2003
Subject: 3.40.55 Vacation of Macadam Rd. from Southcenter
Boulevard to Old Bluff Road
ISSUE
Ordinance 1993 approves the above vacation provided five conditions are met by
September 30, 2003. None of the five conditions has been met, including
compensation of $105,327.00 for the right -of -way. Exhibit A.
BACKGROUND
This vacation petition is associated with the Schneider Homes proposal to build a
new office building on parcel 000320 -0014. Exhibit B.
On September 4, 2001, petitioners Gerald Schneider and Kevin Klotz provided a
complete Request for Vacation, including the required signatures of owners of 2/3
of the property abutting Macadam, and an appraisal.
On June 3, 2002, Council held a public hearing and on August 19, 2002, Council
approved Ordinance 1993.
On August 26, 2002, the Applicants were notified by mail of Council approval and
were alerted to the expiration date. On June 12, 2003, Public Works sent a
reminder of expiration to the Applicants.
According to Ordinance 1993 and to TMC 11.60.030, the vacation and application
expires two years from date of application, if the conditions have not been met and
compensation has not been paid.
RECOMMENDATION
Approve this ordinance, which repeals Ordinance 1993.
CC:
File 3.40.55
EXHIBIT A
ORDINANCE 1993
CITY OF TUKWILA FILE 3.40.55
City of Tukwila
'Washington
Ordinance No. g9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE. CITY, GENERALLY DESCRIBED AS MACADAM ROAD, A 60 -FOOT
WIDE RIGHT -OF -WAY, FROM SOUTHCENTER BOULEVARD TO OLD
65th AVENUE SOUTH, PREVIOUSLY KNOWN AS OLD BLUFF STREET;
AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, TMC 11.60 identifies street vacation procedures including public
notification, a public hearing, review and comment, and submittal of relevant information to
City Council, all of which have been done; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on June 3,
2002, for the purpose of considering the vacation of certain property located in the City of
Tukwila, asdescribed above; and
WHEREAS, water, sewer and power utilities exist in the right -of -way proposed for
vacation; and
and
WHEREAS, the Petitioner currently uses City property and right -of -way for parking;
WHEREAS, the Petitioner provided a fair market appraisal per TMC 11.60; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to conditions identified in this Ordinance; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation. The following property located in the City of Tukwila is hereby
vacated:
Macadam Road, a 60 -foot wide right -of -way from Southcenter Boulevard to Old 65th
Avenue South (Old Bluff Road), and more particularly shown in attached Exhibit A and
Exhibit B.
Section 2. Conditions. By September 30, 2003, the Petitioners, Gerald E. Schneider and
Kevin G. Klotz, shall complete the following conditions to the City Of Tukwila's satisfaction:
1. Compensation to the City of Tukwila in the amount of $105,327, full valuation, since
the right -of -way has been part of a dedicated right of way for more than 25 years.
2. Removal of existing parking on City-owned parcel 000320 -0023,
5. Provision of an access easement for ingress /egress to parcel 000320 -0014.
Section 3 Duties of Public Works. .The Public Works Department is hereby directed to
record a certified copy of this ordinance with King County, upon determination by the Public
Works Director that the conditions referenced above have been satisfied.
Section 4. Amendment of Official Street Map. Upon the recording of a certified copy
of the ordinance, the City Public Works Director shall amend the City's official street map to
be consistent with this ordinance.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force and effect five (5)
days after passage and publication as provided by law, provided that the vacation specified
above shall not become effective until the conditions contained herein have been fully
satisfied.
PASSED BY THE CITY COUNCIL OF THE CTf' OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this l y day of Lttp,2_t 2002.
�}ea tv ive
Steven M. Mullet, Mayor
3. Removal of parking in Old 65th Street (Old Bluff Street) right -of -way,
4. Provision of utility easement for installation, maintenance, and repair of water,
sewer, and electrical utilities,
ATTEST AU N T ICATEE D:
E. Cantu, CMC, City Clerk
A1fl 'LS TO FORM:
B)k_
Office of the City Attorney
FILED WITH THE CITY CLERK: 43
PASSED BY THE CITY OUNCIL:
PUBLISHED: s 2 3 /5
EFFECTIVE DAT c -0.2'/
ORDINANCE NO.: 9 3
Exhibit B
Proposed Vacation Limits
North
SE 23-23-4
EXHIBIT C
COUNCIL MINUTES
CITY OF TUKWILA FILE 3.40.55
4 Pages
6:00 p.m. Executive session began.
6 p m Executive session ended.
OFFICIALS:
CITIZEN COMMENT: None.
CONSENT AGENDA:
TUKWILA CITY COUNCIL
June 3, 2002
Tukwila City Hall Council Chambers
Executive Session 6 to 7 p.m.
Pending Litigation Pursuant to RCW 42.30.110(1)(i)
REGULAR MEETING
7:00 p.m.
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
Calling the meeting to order at 7:00 p.m. was Steven M. Mullet, Mayor.
ROLL CALL:
Calling the roll of Council was Bob Baker, Deputy City Clerk. Present were Council President Richard Simpson; and
Councilmembers Joe Duffle; Joan Hernandez; Pam Carter; Jim Haggerton; Pamela Linder and Dave Fenton.
John McFarland, City Administrator; Lucy Lauterbach, Legislative Coordinator, Bob Noe, City Attorney; Jim Morrow,
Public Works Director; Bruce Fletcher, Director, Parks and Recreation Department; Steve Lancaster, Community
Development Director; Evelyn Boykan, Human Services Coordinator; and Bob Baker, Deputy City Clerk.
a. Approval of Minutes May 20, 2002 Regular Meeting
b. Approval of Vouchers 236404 236652, in the amount of $742,093.61
c. Authorize Mayor to sign an Interlocal Agreement with the City of Des Moines for Video Services
and Facilities
d. Authorize the City to serve as Fiduciary Agent for the South King County Drug Task Force for the
period of July 1, 2002 through June 30, 2003.
e. Authorize Mayor to negotiate the Scope of Work and Terms of the landscape architect with the
Berger Partnership for the Foster Golf Links course renovations project
DUFFIE MOVED; HERNANDEZ SECONDED; APPROVAL OF THE CONSENT AGENDA; AS PRESENTED.
The motion carried 7 -0.
/PUBLIC HEARING
REQUEST FOR VACATION OF A PORTION OF MACADAM ROAD FROM SOUTHCENTER BOULEVARD
TO OLD BLUFF ROAD (behind Schneider Homes at 65
Jim Morrow informed Council the request is associated with Schneider Homes' proposal to build a new office building
on parcel 000320 -0014; at 6540 Southcenter Boulevard. The zoning is Office and the building is anticipated to be
15,000 square feet, three stories high. The vacation request is submitted in order to meet parking requirements
associated with the proposed building.
The Public Works Department sent notices to all utilities and property owners within 500' of the property regarding the
public hearing. No utilities exist in the right -of -way and the vacation will not negatively affect legal access for abutting
properties. No written objections to the vacation have been received.
The only condition for vacation is compensation for the right of way at fair market value. The appraisal provided by
the petitioner appears to include a part of Macadam, which was vacated under Ordinance 671. Therefore, Schneider
Homes has agreed to provide an amended appraisal. To date, the amended appraisal has not been received.
7:08 p.m. Mayor Mullet opened the public hearing.
No citizens were present.
7:09 p.m. Mayor Mullet closed the public hearing.
City of Tukwila Page 2 of 4
City Council Regular Meeting Minutes June 3, 2002
Council deliberated the issue by asking questions of Mr. Morrow.
Summarily, Council agreed an ordinance was required to effect the vacation. Additionally, they agreed to forward this
item to a City Council Regular meeting wherein they can adopt such an ordinance.
OLD BUSINESS:
a. Authorize the Mayor to sign the Memorandum of Agreement between Sound Transit and the City of
Tukwila relating to the Central Link Light Rail Tukwila Freeway Route
For the benefit of audience members, Steve Lancaster, Director of Community Development, gave an overview of the
provisions contained within the proposed Memorandum of Agreement provisions.
Responding to inquiries from the City Council, Mr. Lancaster clarified various portions of the Memorandum of
Agreement. Discussed were such items as federal monies, disagreements with portions of the proposed agreement,
including the "preferred route" and some issues with whereas clauses.
Responding to an inquiry from Mr. Haggerton, Steve Lancaster noted that if Council does not sign the proposed
agreement, an unclassified use permit would be the next step for Sound Transit. Additionally, he noted route
selection is final.
Stuart Jenner. 200 SW 178 Street Normandy Park. noted that pressure to sign the proposed agreement must
exist. He urged the Council to review data that is accurate and "not cooked." Although Mr. Jenner voted in favor of
the project in 1995 and 1996, he is now opposed to its proposed route.
Tony Carosino. 11245 East Marginal Way South, Tukwila. responding to hearsay from the last City Council
meeting, clarified for all that neither he, nor his family, had been contacted by Sound Transit staffers to discuss
purchase of his family's farmstead. As of this date, Sound Transit has contacted him and would like to meet with the
family to discuss such a potential. Mr. Carosino's mother is the owner of the parcels in question (3 of them) and is
the spokesperson for the parcels.
Anna Bernhard. 14241 59 Avenue South, Tukwila, called the proposed agreement "ridiculous She
encouraged Council to "take a stand" and not authorize signature on the proposed agreement.
Arlene White. 4814 South 144"' Street, Tukwila. made a "plea for the homeowners? She noted the proposed
Memorandum of Agreement should contain a provision for the homeowners. Stating her feelings of not being
"regarded" Ms. White noted Sound Transit has not spoken with her or her neighbors about environmental, sound and
other impacts, should the train be sited near her home.
Allen Ekberg. 4920 South 161 Street, Tukwila. encouraged Council not to allow Sound Transit to "tie" their hands.
Additionally, he (again) offered support for an LID in the affected area.
John McFarland, City Administrator, explained the history of the proposed routes, beginning with that of E -1.
Thereafter, it was decided that this item would be moved to the June 10 COW agenda for further deliberation, with a
potential for a Special meeting directly thereafter for voting on the Memorandum of Agreement.
b. Authorize the Mayor to sign a Purchase and Sale Agreement for property located at 3501 South 142
Street, for the Cascade View Park project
Bruce Fletcher, Parks and Recreation Director, noted that in September 2000, Council authorized the purchase of
available property in the Cascade Neighborhood area. Authorization was also given to make offers on other
properties identified for the future Cascade View Park site.
The Parks and Recreation Department was successful in its application for grant funds to the Interagency Committee
for Outdoor Recreation (IAC) in the amount of $95,000.00. These funds will be used to purchase the last remaining
property to complete Cascade View Park.
At this time the City and property owners have come to a mutual agreement for the sale of property located at 3503
South 142 The total purchase price is $165,000.00, with a closing date of June 14, 2002.
To make the deal effective, at fair market value acceptable to the City and the IAC grant funds, the City has agreed to
allow the seller to stay on the property, rent -free, for 426 days. With the purchase of this property, the City will have
Phase II of Cascade View Park in the near future, without a residential house separating the park property lines.
It is anticipated that once the City takes possession of the property, the home will be demolished and grass will be
planted, until such time as money is available to do more in the area.
OFFICIALS:
TUKWILA CITY COUNCIL
August 19, 2002 7:00 p.m.
Tukwila City Hall Council Chambers
REGULAR MEETING MINUTES
CALL TO ORDER/PLEDGE OF ALLEGIANCE:
Calling the meeting to order at 7:03 p.m. was Mayor Steven M. Mullet.
ROLL CALL:
Calling the roll of Council was Jane Cantu, City Clerk. Present were Council President Richard Simpson;
and Councilmembers Joe Duffle, Joan Hernandez; Pam Carter, Jim Haggerton; Pamela Linder and Dave
Fenton.
John McFarland, City Administrator; David St. Pierre, Assistant City Attorney; Jane Cantu, City Clerk; Bob
Baker, Deputy City Clerk; Lucy Lauterbach, Legislative Coordinator; Jim Morrow, Public Works Director;
Steve Lancaster, Community Development Director; Bruce Fletcher, Parks Recreation Director, Keith
Haines, Chief of Police; Mike Villa, Lieutenant, Tukwila Police; Minnie Dhaliwal, Senior Planner.
SPECIAL PRESENTATIONS:
a. Introduction of new employee Alder Hendrickson.
Recreation Program Assistant, Senior Services, Tukwila Community Center
Bruce Fletcher, Parks and Recreation Director, introduced Ms. Alder Hendrickson. Ms. Hendrickson is a
Foster High School and Central Washington University graduate formerly involved with the TCC Winter
Camp program. With a shift in focus, Ms. Hendrickson will work with the Senior programs. The former
flight attendant was the 1994 ASB President and Athlete Scholar of the Year.
b. Valley Special Response Team Uodate
Keith Haines, Chief of Police, explained the Valley Special Response Team is commonly referred to as a
SWAT team. He noted activities are on the rise for this Special Response Team (SRT). The Chief then
introduced Lieutenant Mike Villa, the new Team Commander of the SRT, with duties to begin in
September 2002.
Using Microsoft Power Point to make the presentation, Lt. Villa informed Council on member cities who
comprise the SRT. They include Renton, Auburn, Tukwila (from 1991 present) and recently added Kent,
Port of Seattle and Federal Way.
Lt. Villa reviewed the history of the SRT; it's organization, mission, concepts, and deployments or
"callouts" for service. Noteworthy is the fact that in 1999 there were only 21 deployments. Thus far, in
2002, there have been 42.
The officers assigned to the SRT complete those duties separate and aside from their specific duties
within the Tukwila Police Department. Members from Tukwila include Officers Mark Dunlap, Reed
Lancaster, Phil Glover, Mark Renninger, Shawn Robertson and David Cruz.
Each of the men receive specialized training in the areas of warrant service; building clearance; hostage
rescue; planes, trains, automobiles and busses; maritime operations and firearms. Utilizing special
equipment, these men are called out to serve however possible; and in many cases, work with members
of the Federal Bureau of Investigations.
To close the presentation, Lt. Villa fielded questions from various Councilmembers on operations,
procedures, weapons, and terms of service on the SRT.
City of Tukwila
City Council Regular Meeting Minutes
rather than Low Density Residential; and finally by re- naming Exhibits 1 and 2 to "Exhibits 3 and
4**
*THE MOTION TO AMEND THE MAIN MOTION CARRIED 7 -0.
*THE MAIN MOTION, AS AMENDED, CARRIED 7 -0.
APPROVED ORDINANCE #1992
An ordinance vacating a portion of Macadam Road from Southcenter Boulevard to Old
Bluff Road (Behind Schneider Homes at 65"1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, GENERALLY
DESCRIBED AS MACADAM ROAD, A 60 -FOOT WIDE RIGHT -OF -WAY, FROM
SOUTHCENTER BOULEVARD TO OLD 65 AVENUE SOUTH, PREVIOUSLY KNOWN
AS OLD BLUFF STREET; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE
DUFFIE MOVED; FENTON SECONDED; READING OF THE PROPOSED ORDINANCE BY TITLE
ONLY. The motion carried 7 -0.
David St. Pierre, Assistant City Attorney, read the title of the proposed ordinance,
DUFFIE MOVED; FENTON SECONDED; ADOPTION OF THE PROPOSED ORDINANCE AS
PRESENTED.
The motion carried 7 -0.
APPROVED ORDINANCE #1993
NEW BUSINESS:
Page 4 of 6
Aug. 19, 2002
d. A motion formally naming the new Cascade View neighborhood park to "Cascade View
Community Park"
CARTER MOVED; LINDER SECONDED; TO FORMALLY NAME THE NEW CASCADE VIEW
NEIGHBORHOOD PARK TO "CASCADE VIEW COMMUNITY PARK The motion carried 7 -0.
e. Authorize Mayor to sign a contract with Lydia Aldredge, Archetype, in an amount not to
exceed $43,000.00, plus WSST, for the Cascade View Park Artistic Design Project.
HERNANDEZ MOVED; SIMPSON SECONDED; TO AUTHORIZE THE MAYOR TO SIGN A
CONTRACT WITH LYDIA ALDREDGE, ARCHETYPE, IN AN AMOUNT NOT TO EXCEED $43,000.00,
PLUS WASHINGTON STATE SALES TAX, FOR THE CASCADE VIEW COMMUNITY PARK ARTISTIC
DESIGN PROJECT. The motion carried 7 -0.
a. A RESOLUTION REJECTING ALL BIDS FOR THE CASCADE VIEW PARK PROJECT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
REJECTING ALL BIDS SUBMITTED FOR THE CASCADE VIEW PARK CONSTRUCTION
AND 37 .m AVENUE SOUTH STREET IMPROVEMENTS
DUFFIE MOVED; LINDER SECONDED; READING OF THE PROPOSED RESOLUTION BY TITLE
ONLY. The motion carried 7 -0.
David St. Pierre, Assistant City Attorney, read the title of the proposed resolution.
DUFFIE MOVED; LINDER SECONDED; ACCEPTANCE OF THE PROPOSED RESOLUTION AS
PRESENTED. The motion carried 7 -0.
APPROVED RESOLUTION #1497
City of Tukwila
Washington
Ordinance No.
EXHIBIT D
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE 1993, WHICH VACATED WITH
CONDITIONS CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED
FOR STREET PURPOSES, GENERALLY DESCRIBED AS MACADAM ROAD, A
SIXTY -FOOT WIDE RIGHT -OF -WAY, FROM SOUTHCENTER BOULEVARD TO OLD
65th AVENUE SOUTH, PREVIOUSLY KNOWN AS OLD BLUFF STREET; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, TMC 11.60 identifies street vacation procedures including public notification, a
public hearing, review and comment, and submittal of relevant information to City Council, all of
which have been done; and
WHEREAS, on September 20, 2001, the Public Works Department deemed the Petition for
Vacation complete; and
WHEREAS, water, sewer and power utilities exist in the right -of -way proposed for vacation; and
WHEREAS, the Petitioner currently uses City property and right -of -way for parking; and
WHEREAS, the Petitioner provided a fair market appraisal per TMC 11.60; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on June 3, 2002, for the
purpose of considering the vacation of certain property located in the City of Tukwila, as described
above; and
WHEREAS, the City of Tukwila City Council, on August 19, 2002, found the property should be
vacated, subject to satisfaction of conditions in Ordinance 1993 be met by September 30, 2003; and
WHEREAS, none of the conditions were met by September 30, 2003 and the petition has expired;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1993 is hereby repealed.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this
ordinance or its application to any person or situation should be held to be invalid or unconstitutional
for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this ordinance or its application to
any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official
newspaper of the City, and shall take effect and be in full force five days after passage and publication
as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this day of 2003.
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Street Vacation 1993 10/2/03
Steven M. Mullet, Mayor
Filed with the City Clerk.
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
CAS Number: 03-125
Agenda Item Title:
I Original Sponsor:
I Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if
known)
Fund Source (if known):
Meeting Date
10/06/03
Meeting Date
10/06/03
COUNCIL AGENDA SYNOPSIS
Meeting Date
10403
03 kas
Initials ITEM No.
Prepared by I Mayor's review I Council review I
I I I
I I I
L L
ITEM INFORMATION
Original Agenda Date: 10/403
Authorize mayor's signature on leases for Way Back Inn to use two City-owned houses
for their use as transitional housing.
Council Admin. x
The previous leases expired September 30th
The City owns two houses it has no use for, and has leased them for the past five
years to Way Back Inn which uses them to house working families for three months
without cost. The leases have expired, and need to be reauthorized for five more
years.
Authorize mayor's signature on two Way Back Inn leases
Community and Parks recommended leases to Council 9/23/03
Same as sponsor
(little to none)
RECORD OF COUNCIL ACTION
Action
APPENDICES
Attachments
Memo from Mayor's Office dated September 19, 2003
Two leases to Way Back Inn
Community and Parks Committee minutes September23,2003
MEMORANDUM
TO: Community Affairs and Parks Committee
FROM: Mayor's Office
DATE: September 19, 2003
SUBJECT: Lease of City owned property
As you know, the City leases two properties to the Way Back Inn (WBI) for transitional
housing. Housing is provided, free of charge, to families with school -aged children on a
limited three -month basis. By being freed of housing expense for three month, families
can save enough money to relocate to permanent housing. In the first half of this year
alone WBI served 10 families.
The leases on the two properties, located at 15421 42 Avenue South and 14688
Macadam Road South, expire on September 30,2003. Historically we have leased the
houses in five -year intervals, and we are proposing to extend for another five years. The
houses were purchased with Parks Open Space funds. There are no plans to develop a
parks use at these locations in the near future.
The committee is asked to review the leases and forward them to the full Council for
consideration.
RESIDENTIAL LEASE
This lease is made on October 1, 2003, between the City of Tukwila, a city, as
"Lessor", and The Way Back Inn, a Washington nonprofit, as "Lessee as follows:
1. PREMISES. Lessor leases to Lessee the Residence currently situated at 15421
42 Avenue South, Tukwila, Washington.
2. TERM. The term of this lease shall be for five years, commencing on October 1,
2003, and shall terminate in five years, on October 1, 2008, in accordance with the
termination provisions set forth in paragraph 19, unless sooner terminated as a result of
Lessee's default hereunder.
3. POSSESSION. Lessee shall be deemed to have accepted possession of the
leased premises in "as -is" condition. Lessor has made no representations to Lessee
respecting the condition of the lease premises.
4. RENT. During the Term hereof, Lessee may occupy the leased premises rent
free; provided, however Lessee shall make all improvements at its sole expense;
provided, such improvements shall be subject to a final inspection and the approval of
the Lessor, prior to the occupancy of the leased premises, and pay all costs associated
with or arising out of the maintenance and operation of the leased premises as set forth
herein.
5. USE. Lessee shall use the leased premises to provide temporary single family
dwellings for homeless families with children under fourteen years of age, and all current
uses incidental thereto, and for no other purpose without first obtaining Lessor's prior
written consent.
6. LESSEE MAINTENANCE AND REPAIR RESPONSIBILITY. Lessee shall,
when and if needed, at Lessee's sole expense, make repairs to the leased premises and
every part thereof; and Lessee shall maintain the lease premises in neat, clean, sanitary
condition. Tenant shall surrender the leased premises to Lessor in good condition upon
the termination of this Lease, reasonable wear and tear expected.
7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water, and
other utility services supplied to the leased premises.
8. ALTERATIONS AND ADDITIONS BY LESSEE. After obtaining the prior
consent of Lessor, Lessee may make, at its sole expense, such additional improvements
or alterations to the leased premises, which it may deem necessary or desirable. Any
repairs or new construction by Lessee shall be done in conformity with plans and
specifications approved by Lessor. All work performed shall be done in a workmanlike
manner and shall become the property of the Lessor.
9. LIENS. Lessee shall keep the leased premises free from any liens arising out of
any work performed, materials furnished, or obligations incurred by Lessee.
10. INSURANCE. Prior to commencing any improvements and prior to occupancy
under this lease, at no expense to Lessor, the Lessee shall obtain and furnish to the
c:1Way Back Inn\Kennedys Cottage Lease exp. 10012008
Kennedy's Cottage
Lessor, a certificate of Insurance showing general liability insurance coverage including
blanket contractual coverage, which certificate (1) shall be subject to approval of the
Lessor, (2) must fully protect the Lessor from any and all claims and risks in connection
with any activity performed by the Way Back Inn and tenant by virtue of this Lease, and
(3) must specifically name the Lessor as an additional insured as respects this lease and
a copy of the endorsement naming the Lessor as an additional insured shall be attached
to the certificate of insurance Such policy must provide the following minimum
coverage:
a. Liability insurance written on an occurrence basis with limits no
less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to blanket contractual; products /completed operations;
broad form property damage; and fire legal to $100,000.
b. Lessee shall be responsible for obtaining their own property
insurance for Lessee's personal property.
Any payment of deductible or self- insured retention shall be the sole responsibility of the
Lessee.
The Lessee's insurance shall be primary insurance as respects the Lessor and the
Lessor shall be given 30 days prior written notice of any cancellation, suspension or
material change in coverage.
11. INDEMNIFICATION. The Way Back Inn hereby releases, discharges, defends,
indemnifies and holds harmless the Lessor, and its agents, contractors, and others from
any and all claims, costs (including attorney fees), and liability, arising in any manner,
including, but not limited to, those arising from injury or death to persons or damage to
property occasioned by any act, omission or failure of the Way Back Inn, its officers,
agents, employees, whether they be direct or indirect.
12. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or any part
thereof, either by operation of law or otherwise, without first obtaining the prior written
consent of Lessor.
13. DEFAULT. Failure by Lessee to make improvements on the house or failure by
Lessee to observe or perform any of the covenants, conditions, or provisions of this
Lease, where such failure shall continue for a period of ten (10) days after written notice
from Lessor to cure the default, shall constitute a default and breach of the Lease by the
Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily
known to Lessor.
14. ACCESS. Lessee shall permit Lessor to enter the leased premises at
reasonable times for the purpose of inspecting the leased premises and ascertaining
compliance with the provisions hereof by Lessee, but nothing herein shall be construed
as imposing any obligation on Lessor to perform any such work or duties.
15. COMPLIANCE WITH LAWS. RULES AND REGULATIONS. Lessee shall, at its
sole cost and expense, promptly comply with all laws, statutes, ordinances and
governmental rules, regulations or requirements now in force or which may hereafter be
Page 2 of 2
C:Wty Documents \Way Back Inn \LEASES\KC LEASE exp 10012003.doc
Kennedy's Cottage
in force relating to or affecting the conditions, use, or occupancy of the leased premises.
Lessee shall faithfully observe and comply with the rules and regulations that Lessor
shall from time to time promulgate, including, without limitation, those regulations
affecting signage on the Property.
16. PERMITS. Lessee shall, at its sole cost and expense, be responsible for
obtaining any permits or licenses that are necessary to perform the move and covenants
of this Lease Agreement.
17. PROPERTY TAXES. Lessee shall be responsible for keeping all property taxes
paid and up to date.
18. NOTICES. All notices under this Lease shall be in writing and shall be effective
when mailed by certified mail or delivered to Lessor at the address below stated, or to
Lessee at the address below stated, or to such other address as either party may
designate from time to time:
LESSOR: CITY OF TUKWILA
ATTN: Mayor's Office
6200 Southcenter Boulevard
Tukwila, Washington 98188
LESSEE: Way Back Inn
Post Office Box 621
Renton, WA 98057 -0621
19. TERMINATION. Either party has the right to terminate this Agreement if the
other party is in default of any material obligation or representation of this Lease which
default is incapable of cure, or which being capable of cure, is not cured within 10 days
after receipt of written notice of such default.
20. GENERAL PROVISIONS.
a. TIME IS OF THE ESSENCE OF THIS LEASE.
b. In the event of any action or proceeding brought by either party against
the other under this Lease, the Prevailing party shall be entitled to recover for the
fees of its attorneys in such action or proceeding, including costs of appeal, if
any, in such amount as the court may adjudge reasonable as Attorneys' fees for
the purposes of this provision, the terms "action" or "proceeding" shall include
arbitration, administrative, bankruptcy, and judicial proceedings including appeals
therefrom.
c. This Lease shall be construed and governed by the laws of the State of
Washington.
d. Upon termination of this Lease, Lessee shall surrender all keys to the
Residence to Lessor at the place then fixed for notice.
21. A3ITHORITY OF LESSEE. Lessee and each individual executing this Lease on
behalf of Lessee represent and warrant that he or she is duly authorized to execute and
Page 3 of 3
C:\Mv Documents\Wav Back Inn \LEASES \KC LEASE no 10012003.doc
Ft
deliver this Lease, and that this Lease is binding upon Lessee in accordance with its
terms.
22. WAIVER AND FORBEARANCE. No waiver by Lessor of any breach or default
by Lessee of any of its obligations or agreement or covenants herein, shall be deemed
to be a waiver of any subsequent breach or default of the same or any other covenant,
agreement or obligation, nor shall forbearance by. Lessor to seek remedy for any breach
or default of Lessee be deemed a waiver by Lessor of its rights and remedies with
respect of such breach or default.
THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR.
IN WITNESS WHEREOF, the parties hereto have executeathis Lease the date
and year above written.
By:
Its:
Date:
t ill
Judi Gregor
It President
Date: 9- 7 -G_3
Kennedy's Cottage
LESSOR:
LESSEE:
Page 4 of 4
C:\Mv DocumentsWav Back Inn\ LEASES \KC LEASE exo 10012003.doc
RESIDENTIAL LEASE
This lease is made on October 1, 2003, between the City of Tukwila, a city, as
"Lessor", and The Way Back Inn, a Washington nonprofit, as "Lessee as follows:
1. PREMISES. Lessor leases to Lessee the Residence currently situated at 14688
Macadam Road South, Tukwila, Washington.
2. TERM. The term of this lease shall be for five years, commencing on October 1,
2003, and shall terminate in five years, on October 1, 2008, in accordance with the
termination provisions set forth in paragraph 19, unless sooner terminated as a result of
Lessee's default hereunder.
3. POSSESSION. Lessee shall be deemed to have accepted possession of the
leased premises in "as -is" condition. Lessor has made no representations to Lessee
respecting the condition of the lease premises.
4. RENT. During the Term hereof, Lessee may occupy the leased premises rent
free; provided, however Lessee shall make all improvements at its sole expense;
provided, such improvements shall be subject to a final inspection and the approval of
the Lessor, prior to the occupancy of the leased premises, and pay all costs associated
with or arising out of the maintenance and operation of the leased premises as set forth
herein.
5. USE. Lessee shall use the leased premises to provide temporary single family
dwellings for homeless families with children under fourteen years of age, and all current
uses incidental thereto, and for no other purpose without first obtaining Lessor's prior
written consent
6. LESSEE MAINTENANCE AND REPAIR RESPONSIBILITY. Lessee shall,
when and if needed, at Lessee's sole expense, make repairs to the leased premises and
every part thereof; and Lessee shall maintain the lease premises in neat, clean, sanitary
condition. Tenant shall surrender the leased premises to Lessor in good condition upon
the termination of this Lease, reasonable wear and tear expected.
7. UTILITIES: Lessee shall pay prior to delinquency for all heat, light, water, and
other utility services supplied to the leased premises.
8. ALTERATIONS AND ADDITIONS BY LESSEE. After obtaining the prior
consent of Lessor, Lessee may make, at its sole expense, such additional improvements
or alterations to the leased premises, which it may deem necessary or desirable. Any
repairs or new construction by Lessee shall be done in conformity with plans and
specifications approved by Lessor. All work performed shall be done in a workmanlike
manner and shall become the property of the Lessor.
9. LIENS. Lessee shall keep the leased premises free from any liens arising out of
any work performed, materials furnished, or obligations incurred by Lessee.
10. INSURANCE. Prior to commencing any improvements and prior to occupancy
under this lease, at no expense to Lessor, the Lessee shall obtain and furnish to the
Hartnett Manor
Lessor, a certificate of Insurance showing general liability insurance coverage including
blanket contractual coverage, which certificate (1) shall be subject to approval of the
Lessor, (2) must fully protect the Lessor from any and all claims and risks in connection
with any activity performed by the Way Back Inn and tenant by virtue of this Lease, and
(3) must specifically name the Lessor as an additional insured as respects this lease and
a copy of the endorsement naming the Lessor as an additional insured shall be attached
to the certificate of insurance Such policy must provide the following minimum
coverage:
a. Liability insurance written on an occurrence basis with limits no
less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to blanket contractual; products /completed operations;
broad form property damage; and fire legal to $100,000.
b. Lessee shall be responsible for obtaining their own property
insurance for Lessee's personal property.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Lessee.
The Lessee's insurance shall be primary insurance as respects the Lessor and the
Lessor shall be given 30 days prior written notice of any cancellation, suspension or
material change in coverage.
11. INDEMNIFICATION. The Way Back Inn hereby releases, discharges, defends,
indemnifies and holds harmless the Lessor, and its agents, contractors, and others from
any and all claims, costs (including attorney fees), and liability, arising in any manner,
including, but not limited to, those arising from injury or death to persons or damage to
property occasioned by any act, omission or failure of the Way Back Inn, its officers,
agents, employees, whether they be direct or indirect.
12. ASSIGNMENT AND SUBLETTING. Lessee shall not assign this lease or any part
thereof, either by operation of law or otherwise, without first obtaining the prior written
consent of Lessor.
13. DEFAULT. Failure by Lessee to make improvements on the house or failure by
Lessee to observe or perform any of the covenants, conditions, or provisions of this
Lease, where such failure shall continue for a period of ten (10) days after written notice
from Lessor to cure the default, shall constitute a default and breach of the Lease by the
Lessor. Lessee shall notify Lessor promptly of any default not by its nature necessarily
known to Lessor.
14. ACCESS. Lessee shall permit Lessor to enter the leased premises at
reasonable times for the purpose of inspecting the leased premises and ascertaining
compliance with the provisions hereof by Lessee, but nothing herein shall be construed
as imposing any obligation on Lessor to perform any such work or duties.
15. COMPLIANCE WITH LAWS. RULES AND REGULATIONS., Lessee shall, at its
sole cost and expense, promptly comply with all laws, statutes, ordinances, and
governmental rules, regulations or requirements now in force or which may hereafter be
Page 2 of 2
c:\My Documents/Way Back Inn \Leases\HM Lease exp. 10011008.doc
1+
Hartnett Manor
in force relating to or affecting the conditions, use, or occupancy of the leased premises.
Lessee shall faithfully observe and comply with the rules and regulations that Lessor
shall from time to time promulgate, including, without limitation, those regulations
affecting signage on the Property.
16. PERMITS. Lessee shall, at its sole cost and expense, be responsible for
obtaining any permits or licenses that are necessary to perform the move and covenants
of this Lease Agreement.
17. PROPERTY TAXES. Lessee shall be responsible for keeping all property taxes
paid and up to date.
18. NOTICES. All notices under this Lease shall be in writing and shall be effective
when mailed by certified mail or delivered to Lessor at the address below stated, or to
Lessee at the address below stated, or to such other address as either party may
designate from time to time:
LESSOR: CITY OF TUKWILA
ATTN: Mayor's Office
6200 Southcenter Boulevard
Tukwila, Washington 98188
LESSEE: Way Back Inn
Post Office Box 621
Renton, WA 98057 -0621
19. TERMINATION. Either party has the right to terminate this Agreement if the
other party is in default of any material obligation or representation of this Lease which
default is incapable of cure, or which being capable of cure, is not cured within 10 days
after receipt of written notice of such default.
20. GENERAL PROVISIONS.
a. TIME IS OF THE ESSENCE OF THIS LEASE.
b. In the event of any action or proceeding brought by either party against
the other under this Lease, the Prevailing party shall be entitled to recover for the
fees of its attorneys in such action or proceeding, including costs of appeal, if
any, in such amount as the court may adjudge reasonable as Attorneys' fees for
the purposes of this provision, the terms "action" or "proceeding" shall include
arbitration, administrative, bankruptcy, and judicial proceedings including appeals
therefrom.
c. This Lease shall be construed and governed by the laws of the State of
Washington.
d. Upon termination of this Lease, Lessee shall surrender all keys to the
Residence to Lessor at the place then fixed for notice.
21. AUTHORITY OF LESSEE. Lessee and each individual executing this Lease on
behalf of Lessee represent and warrant that he or she is duly authorized to execute and
Page 3 of 3
c:VuWy Documents/Way Back Inr8Leases\HM Lease exp. 10011008.doc
Hartnett Manor
deliver this Lease, and that this Lease is binding upon Lessee in accordance with its
terms.
22. WAIVER AND FORBEARANCE. No waiver by Lessor of any breach or default
by Lessee of any of its obligations or agreement or covenants herein, shall be deemed
to be a waiver of any subsequent breach or default of the same or any other covenant,
agreement or obligation, nor shall forbearance by Lessor to seek remedy for any breach
or default of Lessee be deemed a waiver by Lessor of its rights and remedies with
respect of such breach or default.
THIS LEASE IS SUBJECT TO ACCEPTANCE BY LESSOR.
WITNESS WHEREOF, the parties hereto have executefthis Lease the date
and year above written.
By:
Its:
Date:
By: 'J A,G
Jry Gre
President
Date: Q 7-- 83
LESSOR:
LESSEE:
Page 4 of 4
c:\My Documents/Way Back Inn \Leases \HM Lease exp. 10011008.doc
Community Affairs Parks
September 23, 2003 Page 2
3. Lease of City owned Property The City owns two homes (one a duplex) which it leases to
Way Back Inn for housing homeless families. Both have had 5 year leases, which are expiring,
and Rhonda asked that new leases for 5 years be approved. Way Back Inn takes care of
maintenance of the buildings, taxes, and utility bills, all of which they try to do with grants and
volunteers. In answer to a question, Rhonda says Way Back Inn allows only parents with a job
and children stay in the homes for 3 months. The families get to take basic furnishings like beds
and dishes with them when they leave. Way Back Ini'is affiliated with St Anthony's church,
and is a United Way agency. Jim asked if they tracked people after they move out; Rhonda will
check on that. There is a waiting list of people wanting to get in, so there is never an empty
house. Recommend lease extensions to COW.
4. Mr. Treadwell's Issues Curt came to the meeting to explain that he is not a whiner, and that
he is only one of the neighbors who has issues with the Crestview Park. He went over the
comments that had been made at the last meeting, and explained them. He agreed that since the
picnic shelter is built on concrete and has water and electricity it would be very hard to move,
but he thought concentrating all the activities of the park near where the houses are was bad. His
house is closest to the park being only 35 yards from the play area and picnic shelter, and 10
yards from basketball when it was there. Curt thought all parks in residential areas should have
shorter hours. His neighbors appear to have had their issues addressed satisfactorily, but he will
try to get them to come to the next meeting. Curt said when the plans of the park were shown,
they didn't show the difference in elevation that eventually was needed. The picnic shelter
encourages people to congregate, though he realized it wasn't easy to move. All of the activity is
close to his house. He said he got Direct TV, and when some trees grow taller they will block his
reception. He said people are at the park at midnight, or people are in the park or are walking
their dogs at 4 or 5 am. when the park is not open. No tickets or arrests have been given or made,
and there is no record of response times, which he says are often an hour. He challenged Joe's
statement that Joe didn't want to do a lot more to help Curt. Joe explained that he too lived by a
park with illegal after -hours activity. Parks, Joe said, are for the kids who need a place to play
and let off steam. Joe said he hadn't heard from any other citizens about this park. After some
discussion, he agreed with Curt that after -hour activities need to be addressed. Curt said that the
City owning that park which draws in people could make the City liable for things that happen at
Curt's house as a result of people at the park. Curt now has dogs that are harassed by park users
because they bark. Jim said he appreciated Curt's remarks, and that they were a big
improvement over his C.R.A.P. writings. Curt said he appreciated Bruce's work to put in
plantings, post park hours, and take out the basketball court. Curt said he thought the City could
do more to help. It's only 3% of the people who are a problem. Reschedule.
5. Off Leash Doe Park The new off leash dog run park at Grandview Park in Sea Tac is
scheduled for a grand opening October 4` The only mayor who will speak is from Sea Tac. An
invitation will follow. Information.
1/41,., F Committee chair approval
Oct.
Nov.
4th General
Election Day
11th Veterans
Day (City offices
closed)
27th 28th
Thanksgiving
break (City
offices closed)
Dec.
25th Christmas
Day
(City offices
closed)
Tentative Agenda Schedule
6 13
SEE AGENDA
PACKET FOR
THIS WEEK'S
AGENDA.
20
Special Presentation:
Community Oriented
Policing Update
Proclamation:
Designating Oct. 2003
"National Domestic
Violence Awareness
Month"
27
3 10 17 24
1 8 15 22
29
5TH MONDAY
OF THE MONTH;
no Council
Mtg scheduled
Weekly Meeting Community Events Calendar
cmotidayemilltraadayleVAI Wedjiesday=..I 9. 1Nurs
>Finance 4-Chamber of COPCAB
6:30 PM
Safety, 5 PM
>City Council
Regular, 7 PM
Commerce
Luncheon,
Noon
>Arts Cmsn, 5 PM
>Utilities,
5:15 PM
itrs,,�g�F
>Civil Service
Cmsn, 5 PM
>Transportation,
5 PM
>City Council
COW, 7 PM
➢Community
Affairs Parks,
5:15 PM
4-Hwy 99 Action,
7 PM
?Apt Mgrs' 4-Domestic
Network,
Noon
➢Parks Cmsn,
5:30 PM
Violence Task
Force, 9:30 AM
lteCity Clerk; lane E. Cantu, CMC," ;City Clerk Boi? Baker, "CMC, :Dep"uty City Clerk
I12Sun I
a 1 9 Suu; I
4-Chipper
Day
Arts Commission (1st Tue), 5 PM. TCC, contact Nancy Kennedy/Bruce Fletcher 206 767 -2342.
City Council Committee of Whole (COW) Meeting (2nd 4th Mon), 7 PM. Council Chambers.
City Council Regular Meeting (1st 3rd Mon), 7 PM. Council Chambers. (1st Mon of month: Intro of new employees.)
Community Affairs Parks Cmte (2nd 4th Tues), 5:15 PM, Conf Rm #3.
Finance Safety Cmte (1st 3rd Mon), 5 PM. Conf Rm #3; 10/6 Mtg: 1) Draft ordinance for refunding bond issue for
1994 bonds; 2) Annual resolution for accounts receivable write -offs; 3) Unclaimed property resolution; 4) Proposed increase
in revolving fund for witness fees; 5) 2003 budget amendment ordinance.
Transportation Cmte (2nd 4th Mon), 5 PM. 6300 Southcenter Blvd. Conf Rm #1.
Utilities Cmte (1st 3rd Tues).. 5:15 nm. 6300 Southcenter Blvd. Conf Rm #1; 10/7 Mtg: A) Purchase of pumps for
Lift Station No. 12; B) Comprehensive Surface Water Management Plan; C) Flood Plain Management Policies;
D) Public Works Infrastructure Design and Construction Standards.
Civil Service Commission (2nd Mon), 5 PM. Conf Rm #3. contact Bev Willison 206 433 -1844.
Community Oriented Policing Citizens Advisory Board (COPCAB) (2nd Wed), 6:30 PM. Conf Rm #5, contact
Matja Murray 206- 433 -7175.
Equity Diversity Cmsn (1st Th), 5:15 PM. Showalter Middle School Library, call Lucy Lauterbach 206 433 -1834.
Human Services Adv. Brd (every other 2nd Fri).. 10 AM. Human Srvcs Conf Rm. call Evie Boykan 206 -433 -7180.
Human Services Providers, 11:30 AM: 3/21.6/20.9/19. 12/5 (tentative). TCC. call Evie Boykan 206 433 -7180.
Parks Commission (3rd Wed), 5:30 PM. TCC Sr. Game Rm, contact Nancy Kennedy/Bruce Fletcher 206 767 -2342.
Planning Commission/Board of Architectural Review (Public Hrg on 4th Th; Nov Dec 2nd Th) 7 PM
Council Chambers, contact Wvnetta Bivens 206431 -3670.
Sister Cities Cmte, 7 PM. TCC. contact Lucy Lauterbach, 206 433 -1834.
4- Apartment Mgrs' Network Lunch (3rd Wed), 11:30 AM. (brine own lunch). TCC. contact Robbie Bums 206 242 -8084.
4- Chamber of Commerce, Tukwila Community Affairs "Chamber Luncheon" (1st Tue).. Noon, Chamber Offices.
contact Nancy Damon 206 -575 -1633.
4- Chipper Days, sponsored by the Washington State Dept. of Agriculture, (3rd Sat), 10 AM. Foster HS Main Parking Lot.
Chipper Days help you dispose of prunings and other plant materials that can't be removed from the Longhorned Beetle
quarantine area. Drive your truckload of materials to the parking lot and we'll help unload, chip, and dispose of it free
of charge. Be sure to bring ID w /quarantine area address.
4- Domestic Violence Task Force (3rd Th), Noon -1:30 PM. Conf Rm #5, contact Evie Boykan 206- 433 -7180 or
Keith Haines 206433 -1827.
4 Hwy 99 Action Cmte (2nd Tue), 7 PM. TCC, contact Keith Haines 206 433 -1827.
4- Tukwila Citizen Patrol (4th Mon), 7 PM. TCC. contact Everett Parr 206 762- 9219/Roy Steinauer 206- 243 -9191,
email: Tukcp @hotmail.com.
4- Tukwila Community Cares Network (4th Wed), 9 AM. Suite 212 Conf Room, contact Michael Silver 206 901 -8000.