ORDINANCE _________________

AN ORDINANCE relating to the Seattle Department of Parks and Recreation; authorizing the Superintendent to enter into a management agreement with the Jefferson Park Lawn Bowling Club for the purpose of renting rooms and teaching lawn bowling to the public at the Department of Parks and Recreation's Jefferson Park Lawn Bowling facility.

WHEREAS, Ordinance 97226, adopted in November 1968, authorized the Department of Parks and Recreation (DPR) to accept a donation for a Jefferson Park lawn bowling facility and provide for the deposit thereof in the Park and Recreation Fund; and

WHEREAS, Ordinance 100066, adopted in July 1971, authorized a transfer of funds in the Park and Recreation Fund to the Park Acquisition and Development Fund as contemplated by Section 6 of King County Resolution 34571 for the construction of a lawn bowling service building at Jefferson Park; and

WHEREAS, previous Ordinances 108899, 111263, 113249 and most recent Ordinance 116736, adopted in June 1993, all related to legislation which authorized DPR to enter into and execute a long term agreement with the Jefferson Lawn Bowling Club for the use of the City of Seattle's Jefferson Park Lawn Bowling facility; and

WHEREAS, DPR desires to continue this relationship with the Jefferson Park Lawn Bowling Club to continue this Management Agreement, NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Superintendent of Parks and Recreation is authorized to execute, for and on behalf of the City of Seattle (City), a Management Agreement with Jefferson Lawn Bowling Club in substantially the form attached hereto as Attachment 1, with additions, modifications, or deletions as the Mayor or said Superintendent deems to be in the best interest of the City.

Section 2. 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 _________, 2006, and signed by me in open session in authentication of its passage this _____ day of __________, 2006.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2006.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2006.

____________________________________

City Clerk

(Seal)

Attachment 1

MANAGEMENT AGREEMENT BETWEEN SEATTLE PARKS AND RECREATION AND JEFFERSON PARK LAWN BOWLING CLUB

This Agreement is entered into by The City of Seattle ("City"), acting by and through the Superintendent of the Seattle Parks and Recreation Department or such official's designee ("Superintendent") and the Jefferson Park Lawn Bowling Club ("Club"), a non-profit Washington Corporation.

WHEREAS, Ordinance 97226, adopted in November 1968, authorized the Department of Parks and Recreation to accept a donation for a Jefferson Park lawn bowling facility and providing for the deposit thereof in the Park and Recreation Fund; and

WHEREAS, Ordinance 100066, adopted in July 1971 authorized a transfer of an amount in the Park and Recreation Fund contributed to the construction of a lawn bowling service building at Jefferson Park to the Park Acquisition and Development Fund as contemplated by Section 6 of King County Resolution 34571; and

WHEREAS, previous Ordinances 108899, 111263, 113249 and most recent Ordinance 116736, adopted in June 1993, all related to legislation which authorized the Department of Parks and Recreation to enter into and execute a long term agreement with the Jefferson Lawn Bowling Club for the use of the City's Jefferson Park Lawn Bowling facility; and

WHEREAS, the Department of Parks and Recreation desires to continue this relationship with the Jefferson Park Lawn Bowling Club to continue this Management and Use Agreement,

NOW, THEREFORE,

Witnesses that:

In consideration of the mutual covenants, contained herein, the City and Club hereto agree as follows:

I. TERM/PURPOSE

In order to further the vision of the Seattle Department of Parks and Recreation ("DPR") and in conjunction with the vision of the Jefferson Park Lawn Bowling Club, DPR enters into this Agreement with the Club for the purpose of providing lessons for the unique sport of lawn bowling, which the facility was specifically designed and built for. Lessons will be given to organizations and park patrons to develop, teach, and/or enjoy the lawn bowling experience in the park.

The City hereby grants the Club an Agreement to manage and operate DPR's Jefferson Park Lawn Bowling facility ("Premises") from July 1, 2006 to December 31, 2011 ("Term"), subject to all of the terms and conditions hereof. DPR has the option of extending this agreement for an additional five years at the discretion of the Superintendent.

The Club may permit use of the Premises on a short-term basis to organizations and individuals, or other clients (hereinafter called "Renters").

The rights and privileges for the term specified are given in exchange for the Club's payment to DPR of specified fees, the provision of certain services to the public for the City, and the performance of maintenance to the Premises, all in accordance with the terms of this Agreement.

A. Staff

The Club shall provide qualified personnel or assign volunteers in sufficient numbers to meet the program staffing needs. The Club shall review the conduct of any of its employees whose activities may be inconsistent with the proper administration of the Premises and take such action as is necessary to fully correct the situation. The Club shall engage a licensed agency or company to perform background checks of all staff it intends to work with youth under 18, before they are hired. The Club shall provide DPR with a written listing of the names and addresses of the members of its Board of Trustees and staff at the beginning of each calendar year, and notify DPR of changes throughout the year.

B. Board Attendance

DPR shall be entitled to designate one person who may, upon request of either DPR or the Club, attend meetings of the Club's Board of Trustees, including subcommittee meetings.

II. USE FEE.

The Club shall make a minimum quarterly payment to DPR that is the greater of (either) $250.00 or the rental fees as follows:

1.) 25% of all rental sales without lawn bowling lessons

2.) 10 % of all rental sales with lawn bowling lessons.

III. PREMISES DESCRIPTION:

Part of SW1/4 of Section 16, Township 24 North, Range 4 East lying westerly of Beacon Avenue South, easterly of Beacon Reservoir and northerly of northerly margin of easterly production of South Dakota Street, the location of which is shown in Exhibit A-"Map of Premises."

IV. MARKETING/FINANCE/RECORDS MANAGEMENT

A. The Club will market and process all facility rental requests. This includes handling and responding to all calls and written requests, booking the dates, providing the staffing to set up and supervise these events as appropriate, and ensuring the facility is returned to an acceptable condition.

The Club will charge rental fees mutually agreed upon by DPR and the Club. When alcohol will be served at a rental event, the Club will inform DPR staff at (206) 615-0140 (or such other person as may be designated by DPR) who will facilitate the review and approval of the request. The Club will also obtain the necessary permits and additional insurance requirements associated with alcohol being served. The Club will collect rental fees, maintain a tracking system for these funds, and make payments to DPR.

B. The Club shall maintain books, records, documents, and other evidence of accounting procedures and practices, including a statement of income and expenses for the recent calendar year, which sufficiently and properly reflect all direct and indirect costs of any nature expended and revenues received in the performance of this Agreement. These records shall be subject at all reasonable times to inspection, review, or audit in King County by personnel duly authorized by DPR, City, the Office of the State Auditor, and other officials so authorized by law, rule, regulation, or contract.

C. By January 31st of each year during the Term, the Club shall provide the Department with a written report detailing the number of free lawn bowling lessons provided to the public, including class attendance sizes, a detailed description of the routine maintenance performed at the building and the bowling greens, and other public benefits provided for the immediately preceding fiscal year ending December 31st.

D. Each quarter of each year during the Term, the Club shall provide DPR with a written report, on a form provided by DPR, detailing the number of rentals, types of rentals, and revenues from these rentals.

V. TIME AND PLACE OF PAYMENTS

A. Due Dates. Payment of fees to the City shall be made each quarter according to the following schedule:

Use Period: January 1st March 31st Due Date: April 15th Use Period: April 1st June 30th Due Date: July 15th Use Period: July 1st September 30th Due Date: October 15th Use Period: October 1st December 31st Due Date: January 15th

B. Place of Payment. All payments shall be delivered to:

Seattle Department of Parks and Recreation Magnuson Park and Business Resources Business Resources Manager 6310 N. E. 74th Street #109E Seattle, Washington, 98115

Or to such other address as the Superintendent shall specify by notice to the Club.

C. Delinquencies. All sums due and owing to DPR shall be delinquent if not paid on or before the fifth (5th) day after the date due. In the event of any delinquency, the Club shall also pay DPR a service charge of Twenty Dollars ($20.00) per month, or such larger sum as may be established by ordinance, for each month the delinquency continues. If any payment due hereunder is not paid within thirty (30) days after the due date, interest of one (1%) percent per month of the amount due accruable immediately after the due date shall be added to the payment and the total sum shall become immediately due and payable, in accordance with Ordinance 117969.

D. Returned Check, Insufficient Funds. If any payment or check for payment is returned for insufficient funds, the Club shall owe as an administrative charge an additional $20.00, or such larger sum as may be established by ordinance.

VI. USE OF PREMISES BY DPR AND THE CLUB

Throughout the term of this Agreement and upon not more than fortyeight (48) hours' notice, either party shall have the right to schedule and use for its own purposes, without a fee being assessed, any room in the Premises not already rented to a third party.

VII. UTILITIES, CUSTODIAL SERVICES AND MAINTENANCE

A. Utilities. The electrical costs shall be equally shared between DPR and the Club. The Club shall pay all telephone and communication costs. DPR shall pay for all other utilities furnished to the Premises.

B. Custodial Services. The Club shall be responsible for custodial services to the building and grounds of the Premises each day the Premises are used. Custodial services shall include recycling, picking up trash and depositing the same in proper receptacles located on the Premises.

C. Maintenance. DPR shall be responsible for all major structural maintenance and preventive maintenance to the Lawn Bowling Facility building. The Club shall be responsible for minor repairs and maintenance including all lights and the ground areas of the building Premises and maintenance of' the Bowling Greens.

VIII. SERVICES PROVIDED TO PUBLIC

A. Hours of Use: The Club shall keep the Premises open during the period 10:00 a.m. to 3:30 p.m. daily during the term of this Agreement, weather permitting. The Club may change the hours specified herein with the prior approval of the Superintendent. Further, subject to the approval of the Superintendent, during the times herein provided for, the Club may close the Premises or any portion thereof for a reasonable period, provided that a written notice of such impending closure is posted in a conspicuous place on the Premises at least one week immediately prior to the closure date. DPR reserves and retains the right to close the Premises for its convenience upon a written notice of not less than seven (7) days or in case of emergency without notice of any kind.

B. Promotion of the Sport of Lawn Bowling:

(1) Promotional Days

The Club shall promote the use of the Premises by the means of at least two (2) promotional days during each year of this Agreement.

Promotional days shall mean days scheduled for Premises use by the Club on which a fee shall not be charged other Users thereof, and days on which the Club shall not exclude "non-club" members from the Premises. The Club shall submit to DPR a Schedule of Promotional Days, which shall not be more than four (4) days.

(2) Rules and Regulations for Play

Rules and Regulations for Play will be on file with DPR and posted at the Club as to be easily viewed by all users.

(3) Instruction Program

The Club shall provide lawn bowling instructors for lawn bowling instruction classes that will be organized and scheduled by the Club. The number of classes organized and the scheduling of those classes will be mutually agreed upon by the Club and DPR.

(4) Publicity/Advertisement

The Club shall, through publicity and advertisement, actively make known the availability of the Lawn Bowling Facility, including promotional days and instructional classes. All publicity and advertisement shall indicate that the facility is a Seattle Department of Parks and Recreation facility. DPR shall publish and advertise availability in its literature, at its own discretion and without limitation.

(5) Low Income

The Club shall allow periodic free play of at least six (6) days during the year for those who can demonstrate that they are not capable of paying the fee, but are nonetheless desirous of play.

(6) Spectators

The Club shall make every reasonable effort to provide the general public with the opportunity to view tournaments and games in a quiet and non-disruptive manner.

IX. COMPLIANCE WITH LAWS:

The Club shall use the Premises in compliance with all applicable laws, ordinances, rules, regulations and directions of the City, the State of Washington, the United States of America, DPR, agencies, officials, and employees thereof.

A. Equality of Treatment.

The Club shall conduct its business in a manner that assures fair, equal, and nondiscriminatory treatment at all times, in all respects, to all persons in accordance with all applicable laws, ordinances, resolutions, rules, and regulations. Any failure to comply with this provision shall be a material breach of this Agreement.

X. INDEMNIFICATION

The Club shall indemnify and hold the City harmless from any and all losses, claims, actions, or damages suffered by any person or entity by reason of or resulting from acts or omission of the Club or any of its agents, employees, patrons, or Renters in connection with use or occupancy of the Premises, including trademark, patent, and copyright infringement. In the event any suit or action is brought against the City, the Club, upon notice of the commencement thereof, shall defend the same, at no cost and expense to the City, and promptly satisfy any final judgment adverse to the City or to the City and the Club jointly.

The above liability shall not be diminished by the fact, if it be a fact, that any such death, injury, damage, loss, cost, or expense may have been, or may be alleged to have been, contributed to by the negligence of the City or its officers, employees, or agents; provided, however, that nothing contained in this section shall be construed as requiring the Club to indemnify the City against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City or its officers, employees, or agents. For purposes of this Agreement and for the benefit of the City only, the Club hereby waives its immunity under Title 51 RCW or other employee benefit act.

XI. INSURANCE

The Club shall maintain continuously throughout the term of this Agreement, at no expense to the City, the insurance specified below:

A. Commercial General Liability (CGL) insurance with a minimum limit of liability of $1,000,000 each occurrence combined single limit bodily injury and property damage (CSL). Coverage shall include Stop Gap, Contractual and Host Liquor Liability insurance. For any event in which alcohol is sold, Liquor Liability insurance shall be in force with a minimum limit of liability shall be $2,000,000 CSL. Liquor Liability insurance may be provided by the renter of the facility so long as it conforms to the requirements herein.

Such insurance shall include the City of Seattle as an additional insured for primary and non-contributory limits of liability.

B. All Risks Property insurance on the building at 4103 Beacon Avenue South, Seattle, WA 98108, and on tenant improvements and personal property therein, all based on the current replacement value thereof.

Such insurance shall include the City of Seattle as an additional insured and loss payee with a waiver of subrogation and a mortgagee clause.

C. CGL and Property insurance shall provide that the coverage shall not be canceled without at least thirty (30) days prior written notice, or ten (10) days prior written notice as respects cancellation for non-payment of premium (unless another notice period is required by RCW 48.18.290). Any such notice shall be sent to the City's address as set forth herein.

D. Current evidence of insurance shall be maintained on file with the City at the City's address as set forth herein and shall consist of:

(1) As respects CGL insurance, a copy of the declarations page, schedule of forms and endorsements and blanket or designated additional insured policy or endorsement language.

(2) As respects Property insurance, an Acord Evidence of Property Insurance form describing the terms and conditions specified in paragraph B. above.

XII. DAMAGE OR DESTRUCTION

If the Premises are damaged by fire or other casualty, the Club shall promptly commence such repairs as will restore the Premises, the tenant improvements and Personal Property therein to the condition immediately preceding the casualty as nearly as reasonably possible. Notwithstanding the foregoing, if (i) more than fifty percent (50%) of the Premises are damaged as a result of the casualty; or (ii) repair and restoration cannot reasonably be completed within eighteen (18) months from the date of the casualty; or (iii) the casualty occurs during the final two (2) years of the Term; or (iv) the insurance proceeds plus the deductible and any funds contributed by the Club are insufficient to restore the Premises, then either the Club or the City may terminate this Agreement upon 30 days' written notice to other specifying the effective date of such termination.

From the date of the casualty through completion of repairs, the Use Fee shall be abated in the same proportion that the unusable portion bears to the whole of the Premises, as the City may reasonably determine, unless the Club's negligence or that of its agents, invitees, or guests, or the Club's breach of this Agreement caused or contributed to the casualty, in which event there shall be no abatement. The City shall not be liable to the Club for damages, compensation, or other sums for inconvenience, loss of business, or disruption resulting from any repairs to or restoration of any portion of the Premises.

XIII. Nondiscrimination

The Club will comply with all applicable equal employment opportunity and nondiscrimination laws of the United States, the State of Washington, and the City of Seattle, including but not limited to Chapters 14.04, 14.10, 20.42 and 20.45 of the Seattle Municipal Code (SMC), as they may be amended; and rules, regulations, orders, and directives of the associated administrative agencies and their officers.

XIV. ASSIGNMENT AND SUBCONTRACTING

The Club shall not assign, transfer, convey, or encumber this Agreement or its rights hereunder or subcontract any interest herein without the Superintendent's prior written consent.

XV. TERMINATION

DPR, by written notice, may terminate this Agreement, in whole or in part, for failure of the Club to perform any provision of this Agreement; and shall also have the option to terminate this Agreement for convenience without recourse to the City at any time upon thirty (30) days notice.

XVI. AMENDMENTS

No alteration or modification of the terms hereof shall be valid unless made in writing and signed by an authorized representative of each of the parties hereto.

XVII. BUSINESS ADDRESSES FOR NOTICES:

CLUB Jefferson Park Lawn Bowling Club 4103 Beacon Avenue South Seattle, WA 98108 Phone Number: 206-522-4840

CITY: Magnuson Park & Business Resources Parks Concession Coordinator 6310 N. E. 74th Street Seattle, WA 98115 Phone Number: 206-684-8008

XVIII. EFFECTUATION OF AGREEMENT

This Agreement must be signed by The Club and returned to the City at the address set forth below, on or before thirty days from the date City Council approves legislation authorizing this Agreement. Both parties agree that a faxed copy of the complete Agreement and Authorized Signature of Club are valid. In order to be effective, this Agreement must also be signed by the Superintendent.

XIX. ACKNOWLEDGMENT OF NEGOTIATED AGREEMENT.

The parties to this Agreement acknowledge that it is a negotiated Agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by having their authorized representative(s) sign his/her/their name(s) in the spaces below:

CLUB: JEFFERSON PARK LAWN BOWLING CLUB

By: ______________________________ Date: ____________________________ Chuck Caddey, President

STATE OF WASHINGTON; COUNTY OF KING

On this _______ day of _____________________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Chuck Caddey to me known to be the person described in the above, who executed the foregoing Agreement, and acknowledged said Agreement to be the free and voluntary act and deed of such Club for the uses and purposes therein mentioned, and on oath, stated that _________________________ was authorized to execute said Agreement for and on behalf of such Club.

GIVEN UNDER MY HAND AND SEAL the day and year first above written.

Signature ____________________________________ (Print or Type Name) ___________________________ NOTARY PUBLIC in and for the State of Washington, Residing at ________________ My appointment expires:

THE CITY OF SEATTLE By: ______________________________ Date: ____________________________ Kenneth R. Bounds, Superintendent Seattle Department of Parks and Recreation

STATE OF WASHINGTON; COUNTY OF KING

On this _______ day of _____________________________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Kenneth R. Bounds to me known to be the Superintendent of Seattle Parks and Recreation, who executed the foregoing Agreement, and acknowledged said Agreement to be the free and voluntary act and deed of such Club for the uses and purposes therein mentioned, and on oath, stated that _________________________ was authorized to execute said Agreement for and on behalf of such Club.

GIVEN UNDER MY HAND AND SEAL the day and year first above written.

Signature ____________________________________ (Print or Type Name) ___________________________ NOTARY PUBLIC in and for the State of Washington, Residing at ________________ My appointment expires:

Exhibit A Map of Premises

May 3, 2006 t Exhibit A Map of Premises: Exhibit A (Jefferson Park Lawn Bowling)