AN ORDINANCE relating to the Seattle Center Department; modifying the Director's authority to negotiate, execute, and amend rental agreements; and amending Sections 17.16.010, 17.16.030, and 17.16.033 of the Seattle Municipal Code.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 17.16.010 of the Seattle Municipal Code, last amended by Ordinance 122857, is amended as follows:

SMC 17.16.010 Use of Seattle Center facilities for Events.

The Seattle Center Director, or the such Director's designee, is hereby authorized, for and on behalf of the City, to enter into agreements for terms of not more than five(5)years, in a form approved by the City Attorney, for the use of Marion Oliver McCaw Hall, the Exhibition Hall, the Northwest Rooms, KeyArena, Fisher Pavilion, the Seattle Center Pavilion, the Center House Conference Center, and other miscellaneous facilities within or on the Seattle Center grounds, or managed by Seattle Center, for Events as defined in Attachment B to Ordinance 122857, for such times as such facilities are not required for public purposes or rented under contracts made pursuant to a specific ordinance. No such agreement or series of agreements shall authorize one user to use facilities, services, and equipment for a total of more than 25 days during any one calendar year for Spectator Events as defined in Attachment B to Ordinance 122857 Section 17.16.015, nor for more than 120 days during any one calendar year for other Events, except for exhibit shows, which shall not be limited in number of days during any one calendar year. For purposes of this section, an "exhibit show" is defined as a ticketed or non-ticketed event in which audiences view a static display of things, articles, or images. Such exhibit shows may include elements in which seated audiences view demonstrations or performances related to the static display.

Section 2. Effective retroactive to December 31, 1995, Section 17.16.030 of the Seattle Municipal Code, last amended by Ordinance 115934, is amended as follows:

SMC 17.16.030 Seattle Center office space rental agreements.

The Seattle Center Director is hereby authorized to negotiate and to execute, for and on the behalf of The City of Seattle, office space rental agreements and to modify existing office space rental agreements for the use and occupancy of spaces within or on Seattle Center grounds or under the management of the Seattle Center for uses that are not Events, as defined in Attachment B to Ordinance 122857, in the Center House, Blue Spruce Building and the Opera House office space known as "0-101" and to execute all other necessary documents in connection therewith;

Provided, that:

A. Said new office space Any rental agreement s shall be in the a standard form of agreement prepared with the assistance or advice of the City Attorney, attached to the ordinance codified in this section 1 and identified as "SEATTLE CENTER OFFICE SPACE RENTAL AGREEMENT" except when use of a non-standard form has been approved by the City Attorney; or on a non-standard form contingent upon prior consultation with the City Attorney regarding the differences between the standard form and the non-standard form; and,

B. No Seattle Center office space rental agreement executed after the date of the ordinance codified in this section2 and no existing Seattle Center office space rental agreement subject to extension at the City's option shall extend or be extended past December 31, 1995. No such agreement shall be for a term of more than five years without prior approval of the City Council by ordinance, provided, however, that the Seattle Center Director may enter into new leases for the same property with the same tenant upon different terms and conditions from a previous lease for the same property; and

C. The basic rent for Seattle Center office space rental agreements shall not be at a rate that is commensurate with the quality of the space and prevailing market rates for similar property in the vicinity of Seattle Center.less than:

1. Four Dollars ($4) per square foot/year for not-for-profit organizations; and

2. Four Dollars ($4) per square foot/year for all other entities; and

3. Three Dollars ($3) per square foot/year for Blue Spruce Building space considered basement spaces with rear entrances.

The Seattle Center is authorized to accept in-kind contributions of services for the City's benefit in order to offset all or a portion of any cash rent due from not-for-profit organizations or any other entities as the Director deems reasonable; any such services to be accepted shall be specifically identified in the office space rental agreement along with a statement as to the amount of cash rent offset for such services.

D. One (1) or more parking spaces in Seattle Center parking facilities may, but need not, be provided to Seattle Center office space tenants in conjunction with such office space rental for no added consideration under new rental agreements, and under amendments of existing office space rental agreements, for such added cash rent or in-kind services for the City's benefit as the Director deems reasonable, taking into consideration the parking rates established pursuant to Ordinance 112572, as now or hereafter amended13.

E. The authority in this section does not apply to: (1) rental agreements allowing the use of Seattle Center space for Events, as defined in Attachment B to Ordinance 122857, or (2) the use and occupancy of facilities described on Attachment B to Ordinance 122857.

1. (Editor's Note: The standard form of agreement is on file with Ordinance 122790 in the office of the City Clerk.

2 Editor's Note: Ordinance 122790 was passed by the Council on April 7, 1986.

3 Editor's Note: Ordinance 112572 is codified at Chapter 17.18 of this Code.

Section 3. Section 17.16.033 of the Seattle Municipal Code is amended as follows:

SMC 17.16.033 Assignments and novations of Seattle Center office spacerental agreements.

The Seattle Center Director is authorized to approve assignments and to enter into novation or similar agreement to effect the transfer of the tenant's interest in Seattle Center office space rental agreements entered into pursuant to SMC Section 17.16.030 to third parties that satisfy the financial capability and operating standards that would be applied by Seattle Center in evaluating other potential new office space tenants. Such novation or other agreements shall be subject to the provisions of subsections B and C of Seattle Municipal Code SMC Section 17.16.030.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2009, and signed by me in open session in authentication of its passage this _____ day of __________, 2009.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2009

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2009.

____________________________________

City Clerk

(Seal)

Joan Moritz

CEN Fac Fee Rental Agreement 2010 Budget Leg ORD

August 10, 2009

Version #8