HomeMy WebLinkAbout1082 ResolutionRESOLUTION NO. 1082
A RESOLUTION OF THE CITY OF PASCO AUTHORIZING THE
MAYOR TO SIGN AN ADDENDUM TO THE COMMERCIAL
CONCESSION AGREEMENT BETWEEN THE CITY OF PASCO
AND WATER WORLD MARINA, INC. AND GUARANTEE OF
PERFORMANCE AND INDEMNITY AGREEMENT.
W H E R E A S , the City of Pa sco and Wa ter World Marina, Inc. have
entered into a Concession Agreement, dated February 2, 1977, and
WHEREAS , in order for Lessee to commence business at said location
and still comply with the Pasco Municipal Code, it is necessary for Lessee to
have certain restroom facilities for its employees, and
W H E REAS , it will take approximately three months for Lessee to construct
said restroom facilities within the building heretofore leased from the City, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES RESOLVE AS FOLLOWS:
Section 1. City of Pasco leases to Lessee, Water World Marina, Inc. ,
for a period of four months the restroom facility in Boat Basin Park, as described
and in accordance with the attached Addendum .
Section 2. The Pasco City Mayor is hereby authorized and directed to
sign the attached Addendum and, also, Guarantee of Performance and Indemnity
Agreement attached hereto and by this reference incorporated herein.
Section 3. This Resolution shall be in full force and effect after its passage
as required by law.
PASSED by the City Council and APPROVED this 5 day of April, 1977.
M
ells, Deputy City Clerk
Approved as to form:
a trick T . Roac ,City Attorney
J.C, Bai.lie, Mayor Pro -Tem
ADDENDUM
W H E R EA S , Lessee has entered into agreement dated February 2, 1977,
(a copy of which is attached hereto and by this reference incorporated herein)
providing for a lease of a certain portion of Pasco Boat Basin; and
WHEREAS , in order for Lessee to commence business at said location
'and still comply with Pasco Municipal Code, it is necessary. for Lessee to have.
certain restroom facilities for its employees, and
WH E R EA S , -it will take approximately three months for Lessee to
construct said restroom facilities within the building heretofore leased from the
City, now, therefore,
In consideration of the mutual benefits to be derived herefrom, the parties
hereto agree as follows.:
1) City of Pasco leases to Lessee, Water World Marina, Inc. , for a
period of four months the restroom facility in Boat Basin Park together
with an easement 1.5 feet on either side of a line running from center
of east side of said restroom facility,East to westerly boundary of
property covered by February 2, 1977, lease.
2) Lessee agrees that said facility will remain open to the public.
3) Lessee agrees that upon completion of the bathroom in Boat Basin
Building this agreement shall automatically terminate.
Da ted this
APPROVED: ,
day of April, 19 7 7 .,
Patrick T. Roach, City Attorney
ATTEST:
Leo E. Olney, City Clerk
.APPROVED:
Corp of Engineers
CITY OF PASCO
[ JaTidrick, Mayor
WWATER
WORLD MARINA INC.
Lessee
WATER WORLD MARINA, INC.
v
Lessee
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GUARANTEE OF PERFORMANCE
AND INDEMNITY AGREEMENT
THIS GUARANTEE OF PERFORMANCE AND INDEMNITY AGREEMENT
is entered into this day of 1977, by and
between THE CITY OF PASCO, hereinafter referred.to as the City, and
DAVID H. CHAMBERS and HAZEL I. CHAMBERS, husband and wife, and
VERN BIRDSELL and ADRIENE BIRDSELL, husband and wife, hereinafter
referred to as guarantors,
W I T N E S S E T H:
Guarantors are the principal owners of the corporation
with which the City has contracted as a concessionaire at the Pasco
Boat Basin. As a term of said concessionaire agreement, con-
cessionaire was to have given the City a bond to guarantee per-
formance of said concessionaire 'agreement.' In lieu of said
performance bond, the City has agreed to accept the guarantee and
indemnity contained herein.
In consideration of the mutual benefits.to be derived
herefrom, the undersigned guarantors hereby jointly and severally
guarantee the performance by the said Water World Marina, Inc. of
all the terms and conditions of the said agreement to be performed
by the said Water World Marina, Inc, thereunder, and the undersigned
hereby jointly and severally undertake and agree to indemnify and
hold the City and the City's successors and assigns harmless from
and against any and all liability, loss, damage or expense, includin<
attorney fees, which the City may incur or sustain by reason of the
failure of said Water World Marina, Inc. fully to conform and
comply with the terms and obligations of the said lease agreement
between the boat basin concessionaires and the City.
Guarantors further jointly and severally guarantee payment
to the City of all sums due to the City under the terms of the
lease agreement between the boat basin concessionaire and the City.
It is agreed by and between the parties hereto that all
guarantees and indemnity contained herein are limited to the total
sum of Ten Thousand ($10,000.00) Dollars.
It is further understood that the City entered•this
Agreement in consideration for the representations contained in the
financial statements of guarantors which are attached to this
Agreement and by this reference incorporated herein.
CAMPBELL, JOHNSTON & ROACH
ATTORNEYS AT LAW
POST OFFICE BOX 609
609 WEST CLARK STREET
.PASCO, WASHINGTON 99301
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IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year.first above written.
David H. Chambers, Guarantor
Hazel I. Chambers, Guarantor
Vern Birdsell, Guarantor
Adri.ene Birdsell, Guarantor
THE CITY OF PASCO
B — =—
Y _
Tidrick, Mayor
Approved as to Form:
CAMPBELL, JOHNSTON & ROACH
ATTORNEYS AT LAW
POST OFFICE BOX 609
609 WEST CLARK STREET
PASCO. WASHINGTON 99301
CITY OF
4QCO
P�V.V
POST OFFICE BOX 293 1 PASCO, WASHINGTON 99301
March 24, 1977
TO: George Smith, City Manager �t
Q P
FROM: Richard 0. Erickson, Director of Parks & Recreation 1'
RE: Boat Basin Concession Agreement
As you know there has been some difficulty with the concessionaire
of the Boat Basin in obtaining a $10,000 bond as set forth in the
concessionaire agreement. The problem is that it is difficult and
expensive to obtain a bond as set forth by the wording. -used in the
agreement in Section VII. The approximate cost would be $2,000-
$2,500 per year.
After reviewing this matter with Ed Ray of Dunning Ray Insurance
and Pat Roach, City Attorney, it was agreed that the attached
"Guarantee of Performance and Indemnity" should be added to
the original concession agreement. I am also attaching a memo
from Pat Roach pertaining to this subject.
I have discussed this with the concessionaires' and they are
in agreement.
Also, as you know there is difficulty in the concessionaire obtain-
ing a business license as the requirement of restrooms set forth
in the city of Pasco building code is not met as yet. The materials
for this restroom will all be arriving within eight weeks, and
shortly completed thereafter. However, it is most imperative that
the concessionaire not be delayed any longer as the months of April,
May and June are good sales months.
To satisfy the building code requirements we are proposing to lease
the restroom in the Boat Basin Park to the concessionaire for a
period of four months. After talking with Jim McCurry, Chief Building
Inspector, this would comply with the code and a business license could
be issued. I have attached an addendum prepared by Pat Roach for
this purpose.
Page 2
I have also checked with the Fire Department and they feel there
would be no problem from a life safety standpoint.
Please place this on the Council Workshop agenda for March 29, 1977.
RESOLUTION NO. 1073
A RESOLUTION OF THE CITY OF PASCO AUTHORIZING THE MAYOR
TO SIGN AN AMENDED COMMERCIAL CONCESSION AGREEMENT
BETWEEN THE CITY OF PASCO AND WATER WORLD MARINA, INC.
WHEREAS, the City Council of the City of Pasco has reviewed the
proposed contract between the City of Pasco and Water World Marina, Inc.,
and,
WHEREAS, the City Council has found that said agreement is in the
best interests of the City of Pasco and wishes to enter into the the same,
NOW, THEREFORE,
THE CITY COUNCIL' OF THE CITY OF PASCO.DOES RESOLVE AS FOLLOWS:
Section 1. The Pasco City Mayor is hereby authorized and directed
to enter into the Agreement between the City of Pasco and Water World Marina,
Inc. for a term of ten (10) years, attached hereto and by this reference in-
corporated herein.
Section 2. This Resolution shall be in full force and effect after
its passage as required by law.
1 March
PASSED by the City Counci1 and APPROVED this day of >P9U Va'r`y, 1977.
Attest:
Evelyn Wells, Deputy City Clerk
Approved as to form:
Patrick T. Roach, City Attorney
JAN TIDRICK, Mayor
COMMERCIAL CO14CESSION AGREEMENT _
�.1<�dc. and entered into this 2nd clay_ of Febr_ uar —,
in the St�t� of
onf
1977, be and between the City of Masco PJashingInc.,
hereinafter referred to as.the "City" and Water World Marna,
hereinafter referred to as the "Lessee".
of
WHEREAS, the City desires ie tedfParkoferhandlzens almarina, andco 'and
the surrounding area a water orn
WHEREAS, the park known as Boat Basin Park can be a viable part .
of the City's Park & Recreation Department, and
operation and further development of the marina
WHEREAS, the op ment-of Boat
concession will add to the public interest and en oy
vide the maximum practical use of this
Basin Park and will pro
portion of.said Park.
in consideration of the covenants and agreements
NOW, THEREFORE, parties
herein contained and the terms and conditions hereof, the
agree to the. -following:
I.
grants to the Lessee the exclusive right to operate
The City the
a commercial marina. concession ached boundaries
achedheretoand bytthe
Of
Pasco as described in Exhibit
reference made a part hereof,.as ll 'though set forth in full and
outlined on the attached map.
II.
This Agreement to operate said2concession f shall y for a,t1977,
of ten (10) years commencing on the y o 198 7.
and ending
on the 1st day of February _7
The ten year term of phis Agreement shall be divided into three
periods. The first period shall beb�oforthe
thefirst
following three years
e
p ears
agreement, the second period d period shall be for the last four y
of the agreement and the third p
of the agreement.
The rental for said concession right shall be the sumThe two rent
hundred dollars ($200.00) per month for the first pe
riod.
..... _..��"�.�r.... x.yr....u7�....�"�'_�.`�"�...� _. ...5._ .....,. _... ^_,Wi'`'t•"' ..
for said concessionaire rights shall be, for the second period, the
s
greater of four hundred dollars. 400.00antedlOn this hConcession
e net me
of the concessionaire at the locationg k
Agreement. The rent for said concessiondr�aedol�arsf($500-00)iod
g
period shall be the greater of five hundred ranted
l00 of the net income of the concessionaire at the location g
in this Concession Agreement..
Rentals sre the
hall be due and payable to the City oacooubtfoexcept
Ren the month of
first day of the month next
msucceediDecember shall be,•paid by the
that the monthly
rental payment
last day of business in said month.
All rental payments shall to terly p
aid monthly to the City provided..;
sionaire shall make a quardetermination of whether the
conces fined above or 10% of net
flat dollar rental rate per month as dequarterlydetermin-
income rental rate is
the
10% of net incomeater rentalorate exceeds if the the flat f
ation shows ustment.shall be then paid to the City o
rate, then a quarterly adj
Pasco.
All
remittances for rentals under this agreement shall.be made,,
payable to the City of Pasco.
IV.
It is agreed that concessionaire shall have a first Option'
at the expiration of the
terms
at thelllocais tionmdescr�bed within this
operate a
commercial marina concession
Agreement. The terms of said agreement shall be negotiated within
the last six months of the term of this
Agreemengs andent. Lessee all
facil ties
be permitted to build and construct
as may be needed to operate said cofsthe.Citylandn heuUtS. and
location are required prior approval
of Engineers.
The Lessee shall comply with all Federal laws and regulations
of the State and the City wherein said demised premises are located,
license, or permits to do business,
ess
with regard to construction,
with
and all other matters; and that fttheLState and see llocal hHealth
standards and recommendations o health and sanitation.
Departments in all matters concerning
V.
The Lessee shall make available all recordtivoru�onprequestby
Th pointed representative
the City or the City's duly app
The Lessee shall prepare and furnish a detailed financial report to
City b January 31st of each year. Said report shall include
the C y Y
but not be limited to the yearly expenditures for salaries,
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maintenance and upkeep, capital outlay, the gross revenue from the
marina concession and other revenues that may be received from
time to time from various sources. Concessionaire shall provide _
an audit by a certified
public accountant at the end of each of
E
III above at concessionaire's
the three periods indicated in paragraph
expense. The City reserves the right to have such further audits
'byex a certified public accountant as the city's desire at the City's
expense, provided, if such audit reveals that the City has not
received the amount of rental compensation based at l00 of the net f
income as the City is entitled to under the terms of this Agreement,
then the concessionaire shah. pay all costs of such audit in ,
addition to bringing the rental compensation current..
. l
VI.
The City shall not be liable for any damage or injury to any
person or property occurring at any time during the term hereof on
the demise premise. The Lessee at its own cost and expense, will
against the City upon such above-mentioned
defend any suit brought
claim or claims and shall pay the judgment that may be recovered
tion and will otherwise hold the
against the City in any such ac
City harmless from any claims or damages or injury caused by their
use of the premises. The Lessee agrees that they will at all times
during the term hereof maintain and pay for comprehensive general
liability insurance with a combined single limit of $500,000.00 for
bodily injury, death or property damage insuring both the City and,
the Lessee; the Lessee shall submit.to the City a copy of said
insurance.policy, showing that the policy is in. force. This
paragraph is subject to renegotiation after five years .from the date
of this Agreement.
It is the intent of the parties hereto that the Lessee shall
be legally considered as an independant contractor and that neither
he nor his employees shall, under any circumstances, be considered
servants or agents of the City and that the City shall oats.nodtimssee,
be legally responsible 'for -any negligence on the P ert
his servants or agents, resulting in either personal or prop Y
damage of any individual, firm or corporation.
VII.
It is agreed that the concessionaire shall secure at his own
City Of
expense a bond in the sum of $10,000.00 to be Pae�so° oreproperty
Pasco for. any loss or damage occasioned to any p
• or to the City of Pasco, by reason of any carelessness or negligence
on the part of said concessionaire in the performance of or under
the terms of this contract, and shall indemnify and hold the City
of Pasco harmless from any damage or expense by reason of its
negligence or failure o'f performance as specified in this contract.
It is the intent of the parties under this section to secure by
bond the faithful performance by concessionaire of the terms of the
contract.
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VIII.
The Lessee shall not sell or permit to be sold or to be `
consummed upon said premises any intoxicating or alcholic beverages
as are prohibited by municipal ordinance or State law, and shall
not permit any gambling at any time upon said premises and shall
' not permit improper or immoral conduct on the part of its employees
and shall not per
hawking or any other noise or disturbance
designed to attract attention or to solitatde. This ar
concessionaireticle
does not prohibit sale of alcholic suchbeverages
State. -
building at Boat Basin, so long as such sale complies with all State
laws and regulations.
IX.
will, at its own expense, furnish and pay for its
The Lessee power, and all other utilities without
own heat, gas, water, lights,
cost to the City.
The Lessee shall not permit garbage or other refuse to rounds.
accumulate or gather in or about the buildings or adjoining g
except in suitable garbage recepdisposal ofeshall Lessee
rubbish,trash�,eand
.responsible for the removal and disposal
garbage accummulated on said property on a regular schedule.
The Lessee shall be responsible for the upkeep and maintenance
of all roadways, parking areas, water lines, lawns, shorelines
ndcated on
and the entire, premises within the conTh�sLesseeeshalllbei
responsible
the attached map marked Exhibit "A". plant diseases,
for the control and/or elimination of pests, insects, p
etc., within the concession area.
X.
allow the Director of Parks &.Recreation or
The Lessee shall .
such other persons as may. be designated bhours,y the Coryincthe sevent hthe
premises during all concession operating hours,
hours as established
concession is not in -operation, during r the
by the City Council as regular Departmentorkingorhours,
afofo other
purpose of examining or insepcting said pr
emisesfor
purpose, not unduly affecting the operationof the Lessee's business.
XI.
it is agreed that the Director of Parks & Recreation or such
persons as may be designated by the City shall supervise the terms
of this agreement.
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It is agreed that the time -and .full prompt performance of a11. �
the terms and conditions of this agreement is made the essence _
hereof, and in the event Lessee fails to keep or perform any terms
required herein to be kept or performed by them, the City shall
proceed as follows: The Director of Parks & Recreation shall give
notice to the Lessee of.any violations of the duties and obligations
of the Lessee hereunder. If the Director of Parks & Recreation,
within a reasonable time, believes the particular..problem'has not
been corrected,'he shall notify the City Manager. The City Manager
shall notify the Lessee, either at a meeting set up for that.
particular purpose or in writing, of the specific duties and
obligations which the Lessee has violated. If thereafter the
Lessee has not corrected such violations or conditions or if'
thereafter the Lessee commits the same or related violations or
allows the condition to re -occur, then, and in either of said events
the City upon 15 days written notice to the Lessee, shall have
,the right to terminate this contract and all rights and privileges
of the Lessee hereunder. In the event the City shall terminate
the right to enter the leased property and take immediate and sole
possession thereof, and bring suit for and collect all monies
required to be paid to the City.
XII.
The Lessee shall not discriminate against any person or persons
because of race, creed, color or national origin in the conduct of
his operation hereunder. Lessee agrees to comply with Title VI of
the Civil Rights Act of 1964 (78 Stat. 231) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in Part
300 of.Title 32, Code of Federal Regulations.
XIII
It is.agreed that the yearly rental rate collected from the
existing boat house moorage and from any future additional boat house
moorage, shall be negotiated in the same manner and at the same time
as provided in Section III above. The rate of the initial three
year period shall not exceed $150.00 per boat house per year unless
prior written approval is granted by the City for a greater rate. It
is understood that the money shall be collected by and payable to the.
.Lessee. In return for these monies, the Lessee shall provide year
round night and day security of the boat house area, as well as the
Lessee's own busine.s.s interests and garbage control.
XIV.
It isunderstood that the existing boat launching ramp is for
nd ,the Lessee shall not limit or exclude anyone from
public use a
launching a boat from said facility.
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XV.
Concessionaire shall provide 20 covered moorages not later
thanApril 30, 1978. Concessionaire shall provide an additional
20 moorages after receiving a $100.00 rental deposit for 15
additional moorage spaces as provided below. In order to determine.*,
the need for additional moorages over and above the original 20
covered moorage.spaces, concessionaire shall advertise at least
three weeks in the Tri -City Herald and such other sources as
desired for persons seeking moorage space. Such advertisement
shall state the rental rate and other rental terms and shall require
$100.00 deposit for each moorage rental space. After 15 $100-00
rental deposits are received, the concessionaire shall within four
months provide 20 additional moorage spaces over and above the first
.20 covered moorage spaces described at the beginning of this
paragraph.
XVI.
The City plans to provide certain materials and monies for
improvements in its boat basin building. It is understood by the
City and concessionaire that any monies or supplies provided by
the City to be -used for improvementofthe boat basin building
owned by the Corps shall be solely used for improvement of said
facility. As far as sufficient materials and monies are made
available, the concessionaire agrees in consideration for this
Agreement to build restrooms, paint the exterior of the building,
improve the building by bringing it up to meet all fire and
building codes. A list of all materials and labor and an accounting
of all expendi.tures.shall be provided by the Concessionaire to the
Director of Parks and Recreation. The Concessionaire agrees not
to pay in excess of the prevailing wage for any labor performed.
XVII.
Concessionaire shall provide a gas dock not later than July 1,
1977, (provided that if the State does not give the necessary
permits or State allotment of fuels then this time requirement shall
be extended until such permits or allotments are received). Said
gas dock shall meet all local, State and Federal requirements and
laws, including all safety and enviornmental laws.
XVIII.
It is agreed that in the event this agreement is terminated by
either party, any permanent capital improvements, accessions, or
fixtures added by the concessionaire shall not be removed. However,
movable improvements such as floating docks may be removed by the
concessionaire. It is further agreed that the City shall not -be
required to pay for or purchase any improvements made, by the
concessionaire.
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XIX.
It is agreed that Lessee shall fully comply with and is
subject to the terms and conditions of that contract between. the.
Department of the Army and the City of Pasco, a copy of which is
attached hereto and by this reference incorporated herein.
XX.
It is agreed that this franchise shall not be transferred,
assigned or sold without prior written consent of the City.
XXI.
It is agreed that Concessionaire shall not become a tenant
and shall not have exclusive right to the premises until the City
of P-asco has entered into the Agreement with the Corps of Engineers
which is attached hereto qnd marked Exhibit "B
XXII.
It is understood and agreed that in the event the lease dated
, 1977, is terminated by the Corps of Engineers
or relinquished by the City of Pasco, this lease will be terminated
on or before the effective date of termination or relinquishment..
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals this day of 1977.-
APPROVED
977.
APPROVED BY THE US ARMY CORPS OF ENGINEERS:
By:
ATTEST-
,
�i
Leo E. Olney, City Clerk
APPROVED:
Patrick T. Roach, City Attorney
WATER WORLD MARINA, INC.
By:
David Chambers, President
By:
Vern Birdsell, Secretary
CITY OI'�PASCO�-
J Tidrick, Mayor
I