HomeMy WebLinkAbout04-20-2015 CITY COUNCIL AGNEDA PACKETAlityrB
URN
WASHINGTON
City Council Meeting
April 20, 2015 - 7:00 PM
Auburn City Hall
AGENDA
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hours after the meeti ng has concl uded.
I. CALL TO ORDER
A. Pledge of Allegiance
B. Roll Call
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. 2014 Presidential Volunteer Service Awards
The President's Volunteer Service Award • The President's Volunteer Service
Award recognizes United States citizens who have achieved the required
number of hours of service over a 12 -month time period or cumulative hours
over the course of a lifetime. • The awards are offered in multiple levels and are
designed to recognize each milestone of one's service achievement. Levels
include bronze, silver, gold, and the highest honor, the President's Lifetime
Achievement Award for those who contribute more than 4,000 hours of service
in their lifetime. In 2014, 13 volunteers with Auburn Emergency Management
volunteered in the community enough to reach one of the milestones. Volunteers
receiving awards on behalf of Auburn Emergency Management at the Council
meeting: • Darlene Aguiluz- Bronze Award with 172 hours • John Calnan-
Bronze Award with 103 hours • Diane Costenbader- Silver Award with 354
hours • Jannette Douglas- Bronze Award with 166 hours • Kurtis Harstad- Silver
Award with 57 hours • Richard Lundstrom- Bronze Award with 194 hours •
Thomas Petrakis- Bronze Award with 124 hours • Dave Tate- Bronze Award with
105 hours.
In addition, Officer Jessica Smith will be in attendance for the deliverance of
Laurie Watson's award as she dedicated numerous hours to the Auburn Police
Department in addition to Emergency Management in 2014.
B. National Day of Prayer Proclamation
Mayor Backus to declare May 7, 2015 as National Day of Prayer in the City of
Auburn
C. YMCA Healthy Kids Day
Mayor Backus to proclaim April 25, 2015 as "YMCA HEALTHY KIDS DAY" in the
City of Auburn
III. APPOINTMENTS
IV. AGENDA MODIFICATIONS
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V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing is scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the City
Council on any issue. Those wishing to speak are reminded to sign in on the
form provided.
C. Correspondence
There is no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendation to the City Council, if any.
VII. CONSENT AGENDA
All matters listed on the Consent Agenda are considered by the City Council to be
routine and will be enacted by one motion in the form listed.
A. Minutes of the February 23, 2015 Study Session*
B. Minutes of the April 6, 2015 City Council Meeting*
C. Claims Vouchers (Coleman)
Claims voucher numbers 433074 through 433314 in the amount of
$5,845,475.51 and dated April 20, 2015
D. Payroll Vouchers (Coleman)
Payroll check numbers 535471 through 535505 in the amount of $903,516.96,
electronic deposit transmissions in the amount of $1,301,415.72for a grand total
of $2,204,932.68 for the period covering April 02, 2015 to April 15, 2015.
E. Public Works Project No. CP1219* (Snyder)
City Council to award Contract No. 15 -03, to Pacific Coast General LLC on their
low bid of $896,753.65 plus Washington State sales tax of $85,191.60 for a total
contract price of $981,945.25 for Project No. CP1219, Valley AC Main
Replacement
F. Annual On -Call Amendment (Snyder)
City Council to grant permission to enter into Amendment No. 2 to Consultant
Agreement No. AG -C -446 with David Evans and Associates for On -Call Land
Survey Services
(RECOMMENDED ACTION: City Council approve the Consent Agenda.)
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VIII. UNFINISHED BUSINESS
IX. NEW BUSINESS
X. ORDINANCES
A. Ordinance No. 6560 (First Reading)* (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington, amending
sections 18.04.031, 18.04.125, 18.04.249, 18.04.390, 18.04.440, 18.04.660,
18.04.835, 18.04.891, 18.07.020, and 18.31.130 of the Auburn City Code
relating to Communal Residences
(RECOMMENDED ACTION: City Council adopt Ordinance No. 6560.)
XI. RESOLUTIONS
A. Resolution No. 5142* (Hursh)
A Resolution of the City Council of the City of Auburn, Washington, authorizing
the Mayor and City Clerk to execute an agreement between the City of Auburn
and Longhorn Barbecue Outpost, INC for concessions at the Auburn Golf
Course
(RECOMMENDED ACTION: City Council adopt Resolution No. 5142.)
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City- related
activities since the last regular Council meeting.
A. From the Council
B. From the Mayor
XIII. ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City
website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are
available for review at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes of the February 23, 2015 Study Session
Department:
Administration
Attachments:
Minutes
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: April 20, 2015
Date:
April 13, 2015
Budget Impact:
$0
Staff:
Item Number: CA.A
CA.A AUBURN * MORE THAN YOU IMAGINED Page 4 of 75
AuBurw YYCIF
WASHINGTON
City Council Study Session
February 23, 2015 - 5:30 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
CA.A
Deputy Mayor John Holman called the meeting to order at 5:30 p.m. in the
Council Chambers at Auburn City Hall, 25 West Main Street in Auburn.
A. Roll Call
City Councilmembers present: Deputy Mayor Holman, Rich Wagner, Bill
Peloza, Largo Wales, Wayne Osborne, Claude DaCorsi, and Yolanda
Trout.
City officials and staff members present included: Mayor Nancy Backus,
Community Development and Public Works Director Kevin Snyder,
Utilities Engineering Manager Lisa Tobin, Assistant City Engineer Jacob
Sweeting, Assistant Director of Engineering Services /City Engineer Ingrid
Gaub, Water Utility Engineer Susan Fenhaus, Assistant Director of
Community Development Services Jeff Tate, Urban Design Planner
Lauren Flemister, Water Quality Programs Coordinator Chris Thorn, IT
Customer Support Manager Reba Stowe, IT Operations Manager Ashley
Riggs, Parks, Arts and Recreation Director Daryl Faber, Director of
Administration Michael Hursh, Police Commander David Colglazier,
Financial Planning Manager Bob Brooks, Emergency Preparedness
Manager Sarah Miller, Assistant City Attorney Neil Wachter, and City
Clerk Danielle Daskam.
AGENDA ITEMS FOR COUNCIL DISCUSSION
A. Stormwater Management Program Update (10 minutes) (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
approving the 2015 Stormwater Management Program Plan and
authorizing the Mayor to include a copy of the program plan in the
National Pollutant Discharge Elimination System Western Washington
Phase II Municipal Stormwater Permit Annual Report for 2014 to the
Washington State Department of Ecology
Water Quality Programs Coordinator Chris Thorn, along with Storm
Drainage Engineer Tim Carlaw, presented a brief review of the
Stormwater Management Program Plan. The Stormwater Management
Program Plan and its annual update is a requirement of the City's
National Pollutant Discharge Elimination System (NPDES) permit issued
by the Washington State Department of Ecology. The Plan includes
requirements for public participation and outreach, illicit discharge
detection and elimination, controlling runoff from new development,
redevelopment and construction sites, municipal operations and
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maintenance, and compliance with total maximum daily load
requirements and monitoring. The public comment period starts today
with a public hearing on the Plan scheduled for March 16, 2015.
Mr. Thorn noted the Council agenda packet includes a copy of the
Annual Report for 2014 for the NPDES permit. Mr. Thorn reviewed
2014's accomplishments and highlights of the 2015 Plan. The 2015
Plan provides for actively implementing new requirements of the NPDES
permit and monitoring requirements, participation in stormwater outreach
opportunities, providing stewardship opportunities, continuing a program
to detect and remove illicit discharges and connections, mapping for
stormwater utility asset management, and developing a stormwater
management manual.
In response to a question from Councilmember Wagner, Mr.
Thorn explained the NPDES permit requires inspection of 100 percent of
catch basins during the first four years of the permit, and the goal is to
inspect 25 percent of the catch basins annually. Councilmember Wagner
questioned how the Plan looks to new technologies for stormwater
treatment and management. Storm Utility Engineer Carlaw responded
the City follows the new technologies approved by the Department of
Ecology and through Washington State Department of Transportation.
New technologies are applied through development review and in the
Stormwater Management Manual for new development and
redevelopment.
Councilmember Wales questioned the types of illicit discharges that
could occur. Mr. Thorn explained examples of illicit discharges include
the spill of vehicle fluids at an auto accident, paint dumped in a storm
drain, and dumping of animal waste in the street. Illicit connections
include an unauthorized piped discharge into the storm drainage system.
Councilmember Peloza questioned whether pet waste stations should be
installed at each city park.
Councilmember Osborne recommended the inclusion of a definition for
pervious pavement in the definition and acronym section.
B. System Development Charges - Fee Update (30 minutes) (Snyder)
Assistant Director of Engineering Services /City Engineer Ingrid and
Utilities Engineering Manager Lisa Tobin presented information on
proposed changes to system development charges (SDCs) for utility
services.
Manager Tobin explained some of the information was previously
provided to committees in 2014. This evening's agenda packet includes
a summary of previous discussions, the consultant's report from FCS
Group, and a letter from the Master Builders Association.
SDCs are charges for new development to "buy in" to connect to existing
utility systems. They are collected as part of the building permit Page 2 of 7
CA.A Page6of75
CA.A
process. SDCs are for building new or expanded utilities to support
current and future growth and development in the city (not for operations
and maintenance). SDCs provide for intergenerational equity between
existing and new customers for the cost of the utility systems. SDCs are
based on the Capital Program costs of the existing and future utility
systems for upgrade and expansion. The Capital Program is based on
the Comprehensive Plans approved by the Council.
Manager Tobin reviewed the current system development charges for
single - family residence: $2,424.00 water SDC for 3/4 inch water meter,
$850.00 sewer SDC per Residential Customer Equivalent, and $1,162.00
storm SDC per Equivalent Service Unit. The current SDCs have been in
effect since 2006. The sewer SDC has not had a significant increase
since 1996.
The City's consultant evaluated the City's SDCs by analyzing the value of
the existing utility systems, the cost of necessary expansions and
upgrades needed over the next 20 years based on a one percent growth
rate, and proposed revisions to the SDCs based on existing value and
future costs divided by existing and future customers.
Some of the major utility infrastructure projects (existing and future)
include: purchase of water capacity from Tacoma Pipeline 5, building
and improving wells and treatment facilities, expansion of Coal Creek
and West Hill water supply facilities, identified the need for a new valley
reservoir and water pump station expansions, need for new sewer and
storm water interceptors and pump stations, and need for a new regional
storm water improvements.
Staff recommends the SDCs should be updated because policy
decisions made during comprehensive planning processes include
identifying system expansion needs, system expansion costs change
over time due to inflation and increased regulatory requirements, charges
based on outdated costs and growth projections will not collect sufficient
revenue for desired improvements or to meet level -of- service
expectations, need to reflect new cost and growth projections to ensure
future customers are paying their fair share of costs for the systems, and
utility comprehensive plan policies state that "growth pays for growth ".
The SDC evaluation considered multiple options to meet revenue needs.
In 2014, the Public Works and Planning and Community Development
Committees recommended implementing a full increase in 2015. Other
options include adjusting 2006 rates only for inflation, phasing in the
required increase over a three -year period, and phasing in the
required increase over a five -year period.
The recommended SDC changes are (based on single family home):
Water SDC from existing $2,424.00 to $6,272.00
Sewer SDC from existing $850.00 to $2,327.00
Storm SDC no change to existing $1,162.00 proposed
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C.
Councilmember Peloza asked for information on the Metro costs as well.
Manager Tobin presented a comparison of SDC charges for surrounding
utility providers. Auburn's existing water and sewer SDC charges are low
by comparison. The proposed charges would increase Auburn's charges
so that Auburn's rates are in the mid range of surrounding utility
providers.
Manager Tobin reviewed the former Public Works and Planning and
Community Development Committees' recommendations to: implement
the full change in water and sewer SDCs in 2015, use the same SDC for
3/4 inch and one -inch meters for all water customers, storm SDC will
remain unchanged in 2015, and base future annual increases for water,
sewer and storm SDCs on Construction Cost Index (CCI) adjustments,
but not less than 0% per year.
City Engineer Gaub reported the SDCs will be reviewed annually in the
future. Manager Tobin reported the consultant's evaluation report
contains a chart on the revenue generated under the three scenarios for
implementing the new charges.
Councilmember Wagner spoke in favor of implementing the full increase
in SDCs as proposed. Councilmembers Peloza and Osborne
concurred.
Manager Tobin stated an ordinance will be presented at the Council's
regular meeting on March 16, 2015 for consideration.
Comprehensive Water Plan (30 minutes) (Snyder)
Water Utility Engineer Susan Fenhaus and Utilities Engineering
Manager Lisa Tobin reviewed portions of the Comprehensive Water
Plan, including Chapters 1, 10 -12 and the Executive Summary.
Councilmembers reviewed the Executive Summary. In response to
questions from Councilmembers, Engineer Fenhaus explained that
Figure 6.4 represents the utility's ability to pump based on a maximum
daily demand and also reflects the largest source or largest pump out of
service. Councilmember Wagner suggested including all interties in the
scenario when the largest source /pump is out of service.
Deputy Mayor Holman asked staff to perform a historical search of the
policy to consider interties in determining the City's ability to pump.
There were no comments on Chapter 1, Introduction, of the Plan.
Councilmembers reviewed Chapter 10, Capital Improvements Plan, of
the Plan. Engineer Fenhaus referred Council to pages 10 -23 and 10 -24,
which set out the Capital Improvement Program.
Councilmember Osborne expressed concern with the amount spppt on of 7
CA.A Page8of75
emergency and backup power systems for wells and pump stations.
Manager Tobin stated backup power systems are necessary to provide
for public safety and for public health in the event of a major emergency.
Councilmembers briefly discussed cost estimates and planning level
estimates.
Councilmembers reviewed Chapter 11, Financial. Engineer
Fenhaus reported the chapter includes the current 2014 system
development charges.
Councilmembers reviewed Chapter 12, Operations and Maintenance.
Councilmember Wagner requested more details on the benefits of
Automated Metering Infrastructure (AMI).
D. Public Works Project No. CP1412, Community Center Youth Center
Conceptual Design Discussion (30 minutes) (Snyder)
The Community Center Youth Center presentation was provided
immediately following Item III.A of these minutes.
Assistant City Engineer Jacob Sweeting and Stan Lokting, Principal
Architect of ARC Architects, presented an update and the schematic
design (30% design level) for the community and youth centers at Les
Gove Community Campus. The scope of the project includes 21,000
square feet of space, of which approximately 7,000 square feet will be a
remodel of the existing Parks administration building. Assistant City
Engineer Sweeting reviewed the project schedule. Design is scheduled
to be complete in June 2015 and bids solicited and awarded by August
2015. Construction is targeted to be complete in June 2016. The project
budget is $9 million.
Mr. Lokting reviewed the public outreach and engagement efforts with
city officials and the community, which led to a series of guiding
principles. Mr. Lokting reviewed the site plan, which was developed
using a guiding concept to preserve open space by not building in the
open areas east of the existing buildings. Mr. Lokting spoke regarding
connections to the park and major primary indoor spaces to outdoor
spaces adjacent to them. All of the new parking (69 spaces) will occur
adjacent to the centers and buffers will be constructed to mitigate the
impact on neighboring residences. Appropriate lighting will be installed
for safety and wayfinding.
Mr. Lokting reviewed the floor plans for the youth center and community
center. Mr. Lokting pointed out shared areas. The youth center includes
multi - functional space intended for informal uses such as gathering,
games and socializing as well as an arts classroom, computer lab, youth
center staff offices and an entry and reception area.
Mr. Lokting stated the men's and women's restrooms are part of the
shared area and will be updated. The kitchen will be remodeled and will
serve as a teaching kitchen and a warming kitchen. There will b a
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CA.A Page 9 of 75
shared classroom between the two. The lobby serves as the connection
between the youth center and the community center. The community
center will includes a reception desk that is adjacent to Parks staff. A
lounge area with a fireplace looks out to a view of the park.
The community center includes a fitness room, staff administration
offices, support spaces and a multi -use space, and a 3,500 square foot
multi - purpose room, which can accommodate 200 to 275 seated people
for dinner or up to 500 unseated people. The large multi - purpose room
can be divided into three separate rooms, with a storage room for each.
There was brief discussion regarding the size and operation of the
kitchen and the number of fixtures in the restrooms.
Councilmember Wagner suggested eliminating the fireplace.
Councilmember Osborne spoke in favor of retaining the fireplace.
Mr. Lokting reported the roof shape and walls allow for future installation
of solar panels. HVAC will be standard roof -mount units that will meet
the LEED certification requirements.
Councilmember Wagner requested an opportunity to discuss movable
storage units with the design team.
In response to questions from Councilmember Wagner regarding
potential future expansion of the facilities, Mr. Lokting stated another bay
could be added to the east and would encroach in to the park and may
get very close to the bocce courts.
E. Resolution No 5129 - Comprehensive Emergency Management Plan (15
minutes) (Hursh)
A Resolution of the City Council of the City of Auburn, Washington,
adopting the City of Auburn Comprehensive Emergency Management
Plan (CEMP)
Emergency Preparedness Manager Sarah Miller presented Resolution
No. 5129 adopting the Comprehensive Emergency Management Plan
(CEMP). By law, the City is required to update its plan every four years;
the last Plan was adopted in 2009. The Plan serves as a City -wide guide
to all disaster response, recovery, mitigation and planning efforts
conducted by the City. The Plan follows the national standard.
Deputy Mayor Holman suggested an educational session where
Manager Miller could brief the Council on the expectations of Council
during a disaster event.
F. Resolution No. 5133 - Auburn Design Standards (10 minutes) (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
amending the City of Auburn Design Standards for its Downtown Urban
Center Zone
Assistant Director of Community Development Services Jeff Tate
and Urban Design Planner Lauren Flemister presented Resolution No.
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5133 amending the City's design standards for the Downtown Urban
Center zoning district. The amendments eliminate awnings as a required
design feature on downtown buildings in favor of allowing awnings as an
optional feature with design guidelines.
The proposed amendments are in response to concerns expressed at
the Business Summit. The language of the proposed standards provides
guidance on how to achieve awning and canopy designs that enhance
the attractiveness of downtown. The amendments clarify the purpose of
awnings, lighting requirements for awnings, and materials and styles that
are considered appropriate for downtown.
Planner Flemister stated a Facade Improvement Program will be
implemented this year. Funding of $200,000.00 has been budgeted for
the program. The program details have not been finalized but may
include grants, low- interest loans, in -kind contributions and cash
contributions by business owners.
III. OTHER DISCUSSION ITEMS
Councilmember Wales reported the ad hoc committee on committees is
expected to report on its activities at the March 23rd study session.
IV. ADJOURNMENT
There being no further discussion, the meeting adjourned at 7:41 p.m.
APPROVED this day of , 2015.
CA.A
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
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CA.B
AuBuRN 1YY CAF �
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Minutes of the April 6, 2015 City Council Meeting April 15, 2015
Department: Attachments: Budget Impact:
Administration Minutes $0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: April 20, 2015
Staff:
Item Number: CA.B
AUBURN * MORE THAN YOU IMAGINED Page 12 of 75
AuBui
WASHINGTON
City Council Meeting
April 6, 2015 - 7:00 PM
Auburn City Hall
MINUTES
I. CALL TO ORDER
A. Pledge of Allegiance
Deputy Mayor John Holman called the meeting to order at 7:00 p.m. in the
Council Chambers located at Auburn City Hall, 25 West Main Street in
Auburn and led those in attendance in the Pledge of Allegiance.
B. Roll Call
City Councilmembers present: Deputy Mayor Holman, Rich Wagner, Bill
Peloza, Largo Wales, Wayne Osborne, Claude DaCorsi and Yolanda Trout.
Department Directors and staff members present included: Community
Development and Public Works Director Kevin Snyder, Parks, Arts and
Recreation Director Daryl Faber, Innovation and Operations Manager
Ashley Riggs, City Attorney Daniel B. Heid, Director of Administration
Michael Hursh, Finance Director Shelley Coleman, Police Commander Mark
Caillier, Assistant Director of Engineering Services /City Engineer Ingrid
Gaub, Assistant Director Community Development Services Jeff Tate,
Environmental Services Manager Chris Andersen, Community Services
Assistant Emily Pearson, and City Clerk Danielle Daskam.
II. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
A. Pierce County Transit Presentation
Nancy Henderson, Pierce County Transit Commissioner, to present an
update on Pierce Transit.
Dr. Nancy Henderson, Pierce Transit Commissioner and Steilacoom Town
Councilmember, accompanied by Service Innovation Manager Tina Lee,
updated the Council on the activities of Pierce Transit using a PowerPoint
presentation. As a member of the Board of Commissioners for Pierce
Transit, Commissioner Lee represents the cities of Auburn, Pacific, Ruston,
Fircrest, Gig Harbor, and Steilacoom. Commissioner Henderson reviewed
Pierce Transit's Strategic Plan and goals, operating revenues, service
hours, demographics of customers, regional connections, sustainability
efforts, and changes and projects on the horizon for Pierce Transit.
Currently, the portion of the city serviced by Pierce Transit includes the
Lakeland shuttle service.
CA.B
Councilmember Osborne questioned the Pierce Transit fare box recovery
rate of 14 percent while King County Metro reflects a 29 percent fare box
recovery. Service Innovation Administrator Lee stated the overall fare box
recovery rate for Pierce Transit is 17 percent, and Pierce Transit's goal is to
increase fares to achieve 19 to 20 percent.
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Councilmember Wales urged Pierce Transit to ensure the preservation of
paratransit services. Councilmember Wagner agreed with Councilmember
Wales' comments and added transit service should be evaluated on the
social service it provides to the community.
B. Arbor Day Proclamation
Mayor Backus to proclaim April 16th 2015 as "Arbor Day" in the City of
Auburn.
C.
Deputy Mayor Holman read and presented the Mayor's proclamation
declaring April 16, 2015, as Arbor Day in the city of Auburn to Parks, Arts
and Recreation Director Daryl Faber. Director Faber announced City
officials, along with volunteers from the Auburn Garden Club, Auburn Tree
Board, Auburn Park Board, representatives from the state Department of
Natural Resources and the Washington Community Forestry Council will be
planting a Stewartia tree as part of the Arbor Day commemoration.
Volunteer Week Proclamation
Mayor Backus to proclaim April 12 -18th, 2015 as Volunteer Week in the City
of Auburn.
Deputy Mayor Holman read and presented the Mayor's proclamation
declaring the month of April as Volunteer Month in the city of auburn to
Parks, Arts and Recreation Director Daryl Faber. Director Faber reported
over 55,000 volunteer hours are provided in parks, police, and
other departments. Director Faber reminded Auburn's largest community
volunteer effort, Clean Sweep, will take place April 25, 2015.
III. APPOINTMENTS
There was no appointment for Council consideration.
IV. AGENDA MODIFICATIONS
There was no change to the agenda.
V. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearings
No public hearing was scheduled for this evening.
B. Audience Participation
This is the place on the agenda where the public is invited to speak to the
City Council on any issue. Those wishing to speak are reminded to sign in
on the form provided.
Brock Snyder, 405xx 264th Avenue SE, Enumclaw. Mr. Snyder
spoke regarding tent cities and homeless encampments. He requested the
City change its laws to allow tent cities to provide a safe place for the
homeless. Mr. Snyder stated he has worked with the SHARE and WHEEL
organizations, which are self- organized groups of homeless and formerly
homeless people. Mr. Snyder submitted written materials regarding SHARE
and WHEEL.
Linda Redmond, 27xx 18th Street SE, Auburn. Ms. Redmond suggested
the former Children's Home Society building at north Auburn be used for
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CA.B Page 14 of 75
homeless women and children. She submitted a written proposal in support
of her comments.
C. Correspondence
There was no correspondence for Council review.
VI. COUNCIL AD HOC COMMITTEE REPORTS
Council Ad Hoc Committee Chairs may report on the status of their ad hoc
Council Committees' progress on assigned tasks and may give their
recommendations to the City Council, if any.
Councilmember Trout reported on behalf of the Council ad hoc committee on
finance responsible for reviewing claims and payroll vouchers. Councilmember
Trout reported she and Councilmember Wales reviewed claims vouchers in the
amount of $2,807,258.30 and two wire transfers in the amount of $153,901.86
and payroll vouchers in the total amount of $1,595,408.61. The committee
recommends approval of claims and payroll vouchers as they appear on the
agenda this evening.
VII. CONSENT AGENDA
CA.B
All matters listed on the Consent Agenda are considered by the City Council to
be routine and will be enacted by one motion in the form listed.
A. Minutes of the March 16, 2015 City Council Meeting
B. Claims Vouchers (Coleman)
Claims voucher numbers 432843 through 433073 in the amount of
$2,807,258.30 and two wire transfers in the amount of $153,901.86 and
dated April 6, 2015.
C. Payroll Voucher (Coleman)
Payroll check numbers 535440 through 535470 in the amount of
$289,951.97, electronic deposit transmissions in the amount of
$1,305,456.64 f or a grand total of $1,595,408.61 for the period covering
March 12, 2015 to April 01, 2015.
D. Public Works Project No. CP1409 (Snyder)
City Council to approve Final Pay Estimate No. 1 to small works Contract
No. 14 -20 in the amount of $95,019.02 and accept construction of Project
No. CP1409, Oravetz PI SE Flooding Mitigation
E. Public Works Project No. CP0765 (Snyder)
City Council to award Contract No. 15 -04 to Paso Robles Tank, Inc. on their
low bid of $1,242,580.00 plus Washington State sales tax of $118,045.10
for a total contract price of $1,360,625.10 for Project No. CP0765, Lakeland
Hills Reservoir 5 Improvements
F. Public Works Project No. CP1308 (Snyder)
City Council to approve Change Order No. 3 in the amount of $208,050.00
to Contract No. 14 -04 for work on Project No. CP1308, BNSF Utility
Crossings
Councilmember Peloza moved and Councilmember Wales seconded to
approve the Consent Agenda.
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Councilmember Peloza questioned Public Works Project No. CP0765,
Lakeland Hills Reservoir 5 Improvements, particularly the portion of the
contract for painting the mural on the reservoir. City Engineer Gaub
explained the cost of coating the tank does not change whether there is a
mural or not. The low bid for the mural on the tank is $18,000.00.
Councilmember Wales spoke in favor of the cosmetic treatment to
the reservoirs once they are coated. Councilmember Wales stated
some tanks are very close to residential areas, and the mural is well worth
the cost. City Engineer Gaub added part of the project includes the removal
of trees too close to the tank, which will make the tank more visible to
nearby residences.
Councilmember Peloza suggested using the $18,000.00 for a more
beneficial purpose.
Councilmember Wagner spoke in favor of the mural on the reservoir stating
$18,000.00 of a total $1,242,580.00 project is less than one percent of the
project and is a good investment in improving the aesthetics of the
reservoir.
Councilmember Trout concurred with Councilmember Wales' statement.
Councilmember DaCorsi spoke in favor of the project and the aesthetic
value of the mural.
Councilmember DaCorsi questioned the lowest responsible bid at thirteen
percent above the engineer's estimate. City Engineer Gaub stated the
project is weather sensitive, and the City is requiring full containment of the
reservoir during the coating and painting due to the proximity to homes. City
Engineer Gaub stated the higher than anticipated cost of the project is
largely due to the sensitivity to weather conditions and the need to get the
project completed before the end of summer.
Councilmember Peloza inquired regarding the dewatering for Project No.
CP1308, BNSF Utility Crossings. City Engineer Gaub stated staff members
were not able to get on the BNSF property to test the water conditions
under the tracks during design. Once construction started, it was
determined that additional dewatering, beyond the amount initially
anticipated, was required for boring. Additional project costs include
approximately $200,000.00 for dewatering and additional flaggers required
by BNSF during the project construction at about $100,000.00.
Councilmember Peloza requested the removal of Public Works Project
CP0765 from the Consent Agenda to be considered separately.
MOTION TO APPROVE THE CONSENT AGENDA, WITH THE
EXCEPTION OF PUBLIC WORKS PROJECT NO. CP0765 PASSED
UNANIMOUSLY. 7 -0
VIII. UNFINISHED BUSINESS
Councilmember Osborne moved and Councilmember DaCorsi seconded to
approve the award of Public Works Project No. CP0765.
CA.B
Page 4 of 9
Page 16 of 75
Councilmember Peloza disagreed with spending $18,000.00 for aesthetics when
there are other needs in the city.
Councilmember Osborne spoke in favor of the motion and noted the residents of
the neighborhood where the reservoir is located are in favor of the mural.
MOTION CARRIED. 6 -1 Councilmember Peloza voted no.
IX. NEW BUSINESS
There was no new business.
X. ORDINANCES
A. Ordinance No. 6558 (Second Reading) (Coleman)
An Ordinance of the City Council of the City of Auburn, Washington,
amending Ordinance No. 6533, the 2015 -2016 Biennial Budget Ordinance,
authorizing amendment to the City of Auburn 2015 -2016 Budget as set forth
in Schedule "A" and Schedule "B"
MOTION TO ADOPT ORDINANCE NO. 6558 PASSED UNANIMOUSLY.
7 -0
B. Ordinance No. 6559 (First Reading) (Snyder)
An Ordinance of the City Council of the City of Auburn, Washington,
approving the Final Plat of Mountain View North, PLT14 -0009
Councilmember Osborne moved and Councilmember Wales seconded to
adopt Ordinance No. 6559.
Councilmember Wagner moved and Councilmember Osborne seconded to
suspend the rules and adopt Ordinance No. 6559 on first reading.
MOTION CARRIED UNANIMOUSLY. 7 -0
XI. RESOLUTIONS
A. Resolution No. 5135 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a water service area boundary line
agreement between the City of Auburn and the City of Bonney Lake
Councilmember Osborne moved and Councilmember Peloza seconded to
adopt Resolution No. 5135.
MOTION CARRIED UNANIMOUSLY. 7 -0
B. Resolution No. 5136 (Hursh)
A Resolution of the City Council of the City of Auburn, Washington,
expressing support for King County Proposition No. 1 - the Emergency
Public Safety Radio Network Replacement Project
King County Proposition No. 1
Regular Property Tax Levy for Emergency Public Safety Radio Network
Replacement Project
CA.B
Page 5 of 9
Page 17 of 75
C.
The King County council passed Ordinance 17993 concerning funding for a
new, upgraded regional emergency radio network. This proposition would
provide funding to replace the current aging emergency radio network used
for dispatching and communicating with police, fire and other first
responders. The proposition would fund capital and transition costs as
defined in Ordinance 17993 and would authorize King County to levy an
additional regular property tax of $0.07 per $1,000 of assessed valuation for
nine years with collection beginning in 2016. The 2015 levy amount would
be used to compute limitations under Chapter 84.55 RCW for the eight
succeeding years. Should this proposition be:
Approved
Rejected
City Attorney Heid read the title of Resolution No. 5136. City Attorney Heid
noted the title of King County Proposition No. 1 appears on the agenda.
Deputy Mayor Holman invited anyone in the audience to speak for or
against Resolution No. 5136. No one in the audience requested
an opportunity to address the Council.
Councilmember Peloza moved and Councilmember Trout seconded to
adopt Resolution No. 5136.
Councilmember Wales spoke in favor of the resolution and the need for the
levy to provide funding to replace the current emergency radio network.
Councilmember Peloza spoke in support of the resolution and the proposed
levy to replace the emergency public safety radio network.
Councilmember Trout spoke in favor of the resolution and the proposed
levy.
Councilmember DaCorsi spoke in favor of the proposed levy and the need
to replace the current emergency public safety radio network. The
proposed levy equates to $0.07 per $1,000 of assessed valuation for a nine
year period.
Councilmember Osborne stated the resolution expresses the Council
support of King County Proposition No. 1, which will be on the ballot on April
28, 2015.
MOTION CARRIED UNANIMOUSLY. 7 -0
Resolution No. 5139 (Snyder)
A Resolution of the City Council of the City of Auburn, Washington, to
provide an address change for 35 City owned and operated park properties
Councilmember Osborne moved and Councilmember DaCorsi seconded to
adopt Resolution No. 5139.
Parks, Arts and Recreation Director Faber reported that during the
Page 6 of 9
CA.B Page 18 of 75
CA.B
preparation of the Parks, Recreation and Open Space Master Plan, it was
discovered that several parks and facilities did not have addresses or were
incorrectly addressed. The new addresses were reviewed by the City's
Addressing Committee comprised of representatives of Valley Regional Fire
Authority, Police, IT, Utility Billing and Traffic.
MOTION CARRIED UNANIMOUSLY. 7 -0
D. Resolution No. 5140 (Hursh)
A Resolution of the City Council of the City of Auburn, Washington,
authorizing the Mayor to execute a Human Services agreement between
the City of Auburn and Public Health - Seattle & King County to fund the
Auburn Public Health Center in 2015 -2016
Councilmember Wales moved and Councilmember Osborne seconded to
adopt Resolution No. 5140.
Councilmember Wales stated she believes funding for public health and the
Auburn clinic should be the responsibility of Seattle -King County Public
Health. However, she commended the partnership between, the City,
neighboring cities, the business community, the Muckleshoot Tribe, and
other partners to provide the funding needed to keep the Auburn health
clinic and its satellites open for the next two years.
In response to a question from Councilmember Peloza, Director of
Administration Hursh responded that the cities of Algona, Pacific,
Enumclaw, Black Diamond, the Muckleshoot Indian Tribe and other private
investors approved similar but separate funding agreements with Seattle -
King County Public Health.
Councilmember DaCorsi commended Mayor Backus, Councilmembers, and
customers of the Auburn clinic for a united effort to ensure the Auburn clinic
would remain open to serve those in need.
Councilmember Wales stated she is working behind the scenes to ensure
dedicated funding for the Auburn clinic. She expressed interest in receiving
data on the amount of revenue the Auburn clinic generates. Director Hursh
noted the agreement with Seattle -King County Public Health requires
quarterly reports to the City.
Councilmember Wagner questioned home visit targets mentioned in Exhibit
A of the agreement. Director Hursh explained the home visit targets are
established based on previous years' experience and the expected growth
or decline.
MOTION CARRIED UNANIMOUSLY. 7 -0
E. Resolution No. 5141 (Heid)
A Resolution of the City Council of the City of Auburn, Washington,
selecting a Nominee to serve as a member of the Board of Commissioners
for Pierce Transit
Councilmember Wagner moved and Councilmember DaCorsi seconded to
adopt Resolution No. 5141.
Page 7 of 9
Page 19of75
Councilmember Wagner spoke in favor of Resolution No. 5141
and nominee Nancy Henderson, Councilmember from the Town of
Steilacoom.
MOTION CARRIED UNANIMOUSLY. 7 -0
XII. MAYOR AND COUNCILMEMBER REPORTS
At this time the Mayor and City Council may report on their significant City -
related activities since the last regular Council meeting.
A. From the Council
Councilmember DaCorsi reported on his attendance at the Regional Law,
Safety and Justice Committee meeting where discussion items
included restorative justice and compassionate policing. Councilmember
DaCorsi also reported he participated in an Association of Washington
Cities Legislative Priorities Committee meeting telephonically to discuss the
excise tax on marijuana and revenue sharing.
Councilmember Wagner reported on his attendance at the Pierce
County Regional Council meeting where the members discussed expansion
of urban growth areas. Councilmember Wagner also reported he attended
a meeting with the Muckleshoot Indian Tribe and the Sound Cities
Association meeting.
Councilmember Peloza reported on his attendance at the South King
County Area Transportation Board meeting, the Auburn Airport Advisory
Board meeting, and the King County Regional Policy Committee meeting.
Councilmember Trout reported she participated in a tour of the Valley Cities
Counseling and Consultation facilities.
Deputy Mayor Holman announced King County Assessor Lloyd Hara will be
holding a Town Hall meeting at Auburn City Hall on April 21st at 7:00 p.m.
to discuss property values and the Assessor's Office new web tools.
Deputy Mayor Holman asked for a volunteer to serve on the ad hoc
committee on finance. Appointments will rotate every six months.
Councilmember Wales offered to continue to serve as chair of the ad hoc
committee. Councilmember Trout announced she is stepping down to let
another Councilmember serve on the ad hoc committee and so that each
rotation is staggered for the two committee members. Councilmember
Osborne offered to serve as the newest member of the ad hoc committee
on finance.
B. From the Mayor
Mayor Backus was out of town and not in attendance at this meeting
XIII. ADJOURNMENT
There being no further business to come before the Council, the meeting adjourned
at 8:26 p.m.
CA.B
Page 8 of 9
Page 20of75
APPROVED this 20th day of April, 2015.
CA.B
NANCY BACKUS, MAYOR Danielle Daskam, City Clerk
Page 9of9
Page21 of75
CA.0
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\VASHENG`Or,
Agenda Subject:
Claims Vouchers
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
No Attachments Available
Administrative Recommendation:
Date:
April 15, 2015
Budget Impact:
$0
Approve claims vouchers.
Background Summary:
Claims voucher numbers 433074 through 433314 in the amount of $5,845,475.51 and
dated April 20, 2015
Reviewed by Council Committees:
Councilmember:
Staff: Coleman
Meeting Date: April 20, 2015 Item Number: CA.0
AUBURN * MORE THAN YOU IMAGINED Page 22 of 75
CA.D
AuBuRN ITY CAF �
\VASHENG`Or,
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Payroll Vouchers April 15, 2015
Department: Attachments: Budget Impact:
Administration No Attachments Available $0
Administrative Recommendation:
Approve payroll vouchers
Background Summary:
Payroll check numbers 535471 through 535505 in the amount of $903,516.96,
electronic deposit transmissions in the amount of $1,301,415.72for a grand total of
$2,204,932.68 for the period covering April 02, 2015 to April 15, 2015.
Reviewed by Council Committees:
Councilmember:
Staff: Coleman
Meeting Date: April 20, 2015 Item Number: CA.D
AUBURN * MORE THAN YOU IMAGINED Page 23 of 75
CA.E
AuBuRN ITY Cdr •
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Agenda Subject:
Public Works Project No. CP1219
Department:
CD & PW
AGENDA BILL APPROVAL FORM
Attachments:
Budget Status Sheet
Bid Tab Summary
Vidnity Map
Administrative Recommendation:
Date:
April 13, 2015
Budget Impact:
$0
City Council award Contract No. 15 -03, to Pacific Coast General LLC on their low bid
of $896,753.65 plus Washington State sales tax of $85,191.60 for a total contract
price of $981,945.25 for Project No. CP1219, Valley AC Main Replacement.
Background Summary:
The City received 11 responsive bids and the low bid was approximately 3% below
the engineer's estimate. Staff has performed reference checks and other verifications
to determine that Pacific Coast General LLC meets the responsible bidding criteria
and recommends award.
The purpose of the Valley AC Main Replacement project is to abandon 6 -inch and
8 -inch asbestos cement water mains along 49th Street NW/ NE, 85th Avenue S,
Auburn Way N, and B Street NW and replace them with 12 -inch ductile iron water
mains. The project also includes new water services to affected customers,
associated pavement restoration, and all appurtenances.
Construction of the Valley AC Main Replacement project is expected to begin in May
2015 and be completed by October 2015.
A project budget contingency of $141,683.00 remains in the 430 Water Fund.
Reviewed by Council Committees:
Councilmember:
Meeting Date: April 20, 2015
Staff: Snyder
Item Number: CA.E
AUBURN * MORE THAN YOU IMAGINED Page 24 of 75
CA.E
AUBURN * MORE THAN YOU IMAGINED Page 25 of 75
BUDGET STATUS SHEET
Project No: CP1219
Project Title: Valley AC Main Replacement
Project Manager: Joel Chalmers
Initiation Date: 6/3/13
Advertisement Date: 3/24/2015
Award Date:
Q Project Initiation
• Permision to Advertise
• Contract Award
• Change Order Approval
• Carry Forward to 2015
The "Future Years" column indicates the projected amount to be requested in future budgets.
Funds Budgeted (Funds Available)
Date: April 8, 2015
Funding
Prior Years
2014
2015
Future Years
Total
430 Fund - Water Repair and Replacement
42,828
62,118
1,363,628
0
1,468,574
Total
42,828
62,118
1,363,628
0
1,468,574
Estimated Cost (Funds Needed)
Activity
Prior Years
2014
2015
Future Years
Total
Design Engineering - City Costs
42,828
61,694
25,000
0
129,523
Construction Contract Bid
42,828
62,118
981,945
0
981,945
Authorized Contingency
0
(0)
100,000
0
100,000
Other - King County review /permits /inspection
0
424
25,000
0
25,424
Construction Engineering - City Costs
90,000
90,000
Total
42,828
62,118
1,221,945
0
1,326,892
430 Water Budget Status
* ( #) in the Budget Status Sections indicates Money the City has available.
CA.E
Page 26 of 75
Prior Years
2014
2015
Future Years
Total
*430 Funds Budgeted ()
(42,828)
(62,118)
(1,363,628)
0
(1,468,574)
430 Funds Needed
42,828
62,118
1,221,945
0
1,326,892
*430 Fund Project Contingency ()
0
(0)
(141,683)
0
(141,683)
430 Funds Required
0
0
0
0
0
* ( #) in the Budget Status Sections indicates Money the City has available.
CA.E
Page 26 of 75
Project Name:
Prepared by:
Bid Date:
BID TABULATION
BID TOTALS SUMMARY
CP1219, Valley AC Main Replacement, Contract 15 -03
City of Auburn
4/7/15
ENGINEER'S ESTIMATE:
AVERAGE BASIC BID AMOUNT:
BASIC BID SPREAD AMOUNT:
$ 926,653.00
$ 973,353.96
$ 221,056.35
Basic BID Amount
Spread $
Spread
LOW BIDDER: Pacific Coast General LLC
Second Bidder: Pacific Civil & Infrastructure
$ 896,753.65
$ 919,430.70
- $29,899.35
- $7,222.30
-3.23%
-0.78%
Basic BID (Tax not Included)
$ 896,753.65
$ 919,430.70
$ 932,613.20
$ 934,555.00
$ 935,689.50
$ 963,810.30
$ 965,737.75
$ 979,751.00
$ 991,727.60
$ 1,069,014.81
$ 1,117,810.00
Pacific Coast General LLC
Pacific Civil & Infrastructure, Inc.
Pape & Sons Construction
Stafford Excavating
Laser Underground & Earthworks, Inc.
R. L. Alia Company
Titan Earthworks
Northwest Cascade, Inc.
Kar -Vel Construction
Waunch Construction & Trucking
Stan Palmer Construction
Total BID (Tax Included)
$ 981,945.25
$ 1,006,776.62
$ 1,021,211.45
$ 1,023,337.73
$ 1,024,580.00
$ 1,055,372.28
$ 1,057,482.84
$ 1,072,827.35
$ 1,085,941.72
$ 1,170,571.22
$ 1,224,001.95
NOTE: An evaluation of whether a bidder is responsible or non - responsible was only made for the low bidder. This does not indicate, one way
or the other, how other bidders would be considered if they were the low bidder.
4/9/2015 (12:38 PM)
CIA1Eoj \bidtabs \CP 121913T.xls
Page 27 of 75
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CA.E Page 28 of 75
CA.F
AuBuRN
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WASH i NGTo
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Annual On -Call Amendment April 13, 2015
Department: Attachments: Budget Impact:
CD & PW No Attachments Available $0
Administrative Recommendation:
Council grant permission to enter into Amendment No. 2 to Consultant Agreement No.
AG -C -446 with David Evans and Associates for On -Call Land Survey Services.
Background Summary:
The annual on -all agreements are used to supplement the City's staff resources or to
perform specialized services not available within the City. Having these resources
available provides the City with the flexibility to complete small tasks or projects in an
efficient and timely manner as they are needed throughout the year.
In January 2014, the City entered into an annual on -call agreement with David Evans
and Associates for Land Survey services in the total amount of $30,000.00. On -call
Land Survey Services work consists of performing topographic, design, construction
and boundary surveys as necessary to supplement the City survey Crew. This on -call
agreement was amended on December 16, 2014 to extend it through December 31,
2015.
At this time, the City has utilized David Evans and Associates to complete Land
Survey tasks for a variety of projects and is nearing the maximum limit of $30,000.00
in the original contract. It is anticipated that additional funds in the amount of
$60,000.00 are needed for 2015 to allow the City to continue to utilize David Evans
and Associates to perform survey work to support capital projects. In particular, David
Evans and Associates offers mobile mapping services that allows survey data to be
collected on high traffic volume streets, such as Auburn Way, without the need for
extensive and expensive traffic control. The total agreement Not to Exceed" amount
including the amendment will be $90,000.00.
Reviewed by Council Committees:
Councilmember:
Staff: Snyder
AUBURN * MORE THAN YOU IMAGINED Page 29 of 75
CA.F
Meeting Date:
April 20, 2015 Item Number: CA.F
AUBURN * MORE THAN YOU IMAGINED Page 30 of 75
AuBuRN
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AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 6560 (First Reading) April 14, 2015
Department: Attachments: Budget Impact:
Community Development & Ordinance Na 6560 $0
Public Works
Administrative Recommendation:
City Council to adopt Ordinance No. 6560
Background Summary:
On September 3, 2013, under Ordinance No. 6477, City Council accepted the
Planning Commission's recommendation to adopt new rules that established
regulations and procedures for the licensing of Communal Residences. These rules
were adopted in large part because of an increase in the amount of shared student
housing within non -owner occupied homes that are near Green River Community
College. Ordinance No. 6477 established an effective date of January 1, 2014 in order
to allow property owners ample opportunity to bring their property into compliance with
the new rules. City staff prepared and mailed notification to all property owners on Lea
Hill south of SE 304th Street.
On June 16, 2014 City Council enacted Resolution No. 5079 which established a one
year moratorium on the acceptance and issuance of communal residence business
licenses and permits. City Council took this action because it appeared as though the
rules adopted under Ordinance No. 6477 did not fully address the issues and impacts
of communal residence uses. In particular, the lack of an occupant limit, the ability of
the conditional use permit process to be used to exceed 4 occupants, and the lack of
integration that the communal residence standards has with other shared housing
arrangements.
On March 3, 2015 staff presented a series of draft amendments to the Planning
Commission that were intended to assist in lifting the moratorium and establish
permanent communal residence licensing and use regulations. On March 17, 2015
the Planning Commission held a public hearing on the draft amendments. At the
conclusion of the public hearing, the Planning Commission deliberated on the code
changes and voted to make modifications to the staff recommendation and to
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 31 of 75
recommend that City Council adopt the amendments displayed in proposed
Ordinance No. 6560.
Highlights of the draft amendments include:
1. Eliminating the ability to obtain a conditional use permit that allows more than 4
tenants which also has the effect of establishing a 4 tenant occupancy limit.
2. Require that one on -site parking space be designated for each tenant.
3. Clarify that other forms of defined group housing arrangements are not the same as
a communal residence.
4. Clarify that a communal residence is a form of business activity.
Reviewed by Council Committees:
Other: Legal and Planning
Councilmember: Staff: Snyder
Meeting Date: April 20, 2015 Item Number: ORD.A
ORD.A AUBURN * MORE THAN YOU IMAGINED Page 32 of 75
ORDINANCE NO. 6 5 6 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
18.04.031, 18.04.125, 18.04.249, 18.04.390, 18.04.440,
18.04.660, 18.04.835, 18.04.891, 18.07.020, AND 18.31.130
OF THE AUBURN CITY CODE RELATING TO COMMUNAL
RESIDENCES
WHEREAS, the City of Auburn has seen an increase in rental housing particularly in
residential neighborhoods adjacent to Green River Community College and through citizen
comment determined the City's rental housing related codes need to be amended in some
fashion; and
WHEREAS, the current provisions of the Auburn City Code (ACC) define communal
residences as a dwelling without an owner occupant that is rented to a group of unrelated
individuals [ACC 18.04.249], and further identify regulations related to communal residences
[ACC 18.31.130], however, it appears that these provisions may not be adequate to fully
address the issues related to communal residences; and
WHEREAS, in order to address issues related to rental housing primarily in single family
residential neighborhoods, the City Council determined that it is appropriate to fully evaluate and
consider the different options and avenues through which communal residence rental housing
operates; and
WHEREAS, in conformity with the responsibilities of the City of Auburn to provide for
zoning and land use regulations pursuant to state law, and the City's authority to regulate land
use activity within its corporate limits, the City intends to explore and evaluate how it can most
reasonably and responsibly address the issues and impacts related to communal residence
rental housing; and
WHEREAS, in order to give the City adequate time to fully consider all the options and
Ordinance No. 6560
April 7, 2015
ORUp.Ke 1 of 11
Page33of75
alternatives for appropriate regulations, and to fully investigate and review all of the factors
involved in communal residence rental housing related uses, the City Council determined it had
a need to impose a moratorium on accepting and processing applications for communal
residence rental housing uses, until its review of needed regulations and the adoption and
implementation of needed regulations can be completed; and
WHEREAS, RCW Sections 35A.63.220 and 36.70A.390 authorize cities to adopt
moratoria; and
WHEREAS, consistent with the provisions of RCW 35A.63.220, on June 16, 2014, the
City Council passed its Resolution No. 5079, implementing and establishing a moratorium on
the acceptance or processing of applications for business licenses and other licenses, permits
and approvals for communal residential rental housing; and
WHEREAS, since the passage of Resolution No. 5079, members of the Planning
Department and other City staff have been working with the City of Auburn Planning
Commission to evaluate, consider and propose amendments to the City Code to address
communal residential rental housing; and
WHEREAS, on March 17, 2015, the City of Auburn Planning Commission held a public
hearing to hear comments regarding communal residential rental housing, and following the
public hearing and the receipt of comments and discussion related thereto, the Planning
Commission moved to forward to the City Council its recommendations regarding communal
residential rental housing, set forth herein below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows
Section 1. AMENDMENT TO CITY CODE. That Section 18.04.031 of the
City Code be, and the same is hereby amended to read as follows:
Ordinance No. 6560
April 7, 2015
ORUp.Ke 2 of 11
Page34of75
18.04.031 Adult family home.
"Adult family home" means a residential home licensed by the state in
which a person or persons provide personal care, special care, room, and board
to more than one but not more than six adults who are not related by blood or
marriage to the person or persons providing the services. Adult Family Homes
are not Communal Residences. (Ord. 6245 § 3, 2009.)
Section 2. AMENDMENT TO CITY CODE. That Section 18.04.125 of the
City Code be, and the same is hereby amended to read as follows:
18.04.125 Assisted living facility.
"Assisted living facility" means a combination of housing, supportive
services, personalized assistance, and health care designed to respond to the
individual needs of those who need help with activities of daily living. An
establishment with a central or private kitchen, dining, recreational, and other
facilities, with separate bedrooms or living quarters, where the emphasis of the
facility remains residential. An Assisted Living Facility is not a Communal
Residence. (Ord. 6245 § 3, 2009; Ord. 6140 § 1, 2007.)
Section 3. AMENDMENT TO CITY CODE. That Section 18.04.249 of the
City Code be, and the same is hereby amended to read as follows:
18.04.249 Communal residence.
"Communal residence" is a business where a dwelling unit, without an
owner occupant, is rented to a group of unrelated individuals. Adult Family
Homes, Foster Care Homes, Group Residence Facilities, Special Needs
Housing, and Supportive Housing are not Communal Residences. (Ord. 6477 §
10, 2013.)
Section 4. AMENDMENT TO CITY CODE. That Section 18.04.390 of the
City Code be, and the same is hereby amended to read as follows:
18.04.390 Foster care home.
"Foster care home" means a home which provides regular care for up to
four developmentally disabled adults, or up to four adults who are recipients of
state or federal financial assistance services, or up to four foster children under
the age of 18, or up to three expectant mothers in a residential structure of the
person or persons under whose direct care and supervision the people are
placed. A Foster Care Home is not a Communal Residence. (Ord. 6245 § 3,
2009; Ord. 4229 § 2, 1987.)
Ordinance No. 6560
April 7, 2015
ORUp.Ke3of11
Page35of75
Section 5. AMENDMENT TO CITY CODE. That Section 18.04.440 of the
City Code be, and the same is hereby amended to read as follows:
18.04.440 Group residence facility.
"Group residence facility" means a facility licensed by the state and
operated with full -time supervision for housing resident persons who, by reasons
of their mental or physical disability, addiction to drugs or alcohol, or family and
social adjustment problems, require a transitional nonmedical treatment program
for rehabilitation and social readjustment. For the purposes of this title, a
nonmedical treatment program consists of counseling, vocational guidance,
training, group therapy and other similar rehabilitative services but does not
include drug and /or alcohol detoxification. Monitoring the taking of prescription
medication shall be permitted. The use of medication by any resident shall be
incidental to that person's residence in the facility and shall not be a criterion for
residence in the facility. This definition does not include residential dwellings
which meet all other requirements of this title, that provide programs related to
this definition or which provide services of a nursing home as defined by ACC
18.04.660. A Group Residence Facility is not a Communal Residence. (Ord.
6245 § 3, 2009; Ord. 4590 § 2 (Exh. A), 1992; Ord. 4304 § 1(2), 1988; Ord. 4229
§ 2, 1987.)
Section 6. AMENDMENT TO CITY CODE. That Section 18.04.660 of the
City Code be, and the same is hereby amended to read as follows:
18.04.660 Nursing home.
"Nursing home," "rest home," "convalescent home," "guest home" and
"home for the aged" mean a home operated similarly to a boardinghouse but not
restricted to any number of guests or guest rooms, the operator of which is
licensed by the state or county to give special care and cure to his or her
charges, and in which nursing, dietary and other personal services are furnished
to convalescents, invalids and aged persons, and in which homes are performed
no surgery, maternity or any other primary treatments such as customarily
provided in hospitals, and in which no persons are kept or served who normally
would be admitted to a mental hospital or to a group residence facility. This
definition does not include group residence facilities as defined in this title. A
Nursing Home is not a Communal Residence. (Ord. 6245 § 3, 2009; Ord. 4304 §
1(5), 1988; Ord. 4229 § 2, 1987.)
Section 7. AMENDMENT TO CITY CODE. That Section 18.04.835 of the
City Code be, and the same is hereby amended to read as follows:
Ordinance No. 6560
April 7, 2015
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18.04.835 Special needs housing.
"Special needs housing" is housing that meets the definition of nursing
home, group home, or other housing that meets the needs of special populations
that need assistance or special accommodation in housing. See Chapter 18.49
ACC. Special Needs Housing is not a Communal Residence. (Ord. 6245 § 3,
2009.)
Section 8. AMENDMENT TO CITY CODE. That Section 18.04.891 of the
City Code be, and the same is hereby amended to read as follows:
18.04.891 Supportive housing.
"Supportive housing" means a multiple - family dwelling owned or
sponsored by a nonprofit corporation or government entity, designed for
occupancy by individual adults that are either (A) homeless or at risk of
homelessness; (B) are experiencing a disability that presents barriers to
employment and housing stability; or (C) generally require structured supportive
services to be successful living in the community; is permitted at a greater unit
density than otherwise allowed within a particular zone; and is intended to
provide long -term, rather than transitional, housing. Long -term housing is
approximately longer than two years, whereas transitional housing is no more
than two years. Supportive Housing is not a Communal Residence. (Ord. 6245 §
3, 2009; Ord. 6167 § 1, 2008.)
Section 9. AMENDMENT TO CITY CODE. That Section 18.07.020 of the
City Code be, and the same is hereby amended to read as follows:
18.07.020 Uses.
Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
A. Residential Uses.
Accessory dwelling units
P
P
P
P
X1
X1
X1
Accessory use, residential
P
P
P
P
P
P
P
Adult family home
P
P
P
P
P
P
P
Ordinance No. 6560
April 7, 2015
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Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
Bed and breakfast
P
P
P
P
P
P
P
Communal residence four or less
unrelated individuals
P
P
P
P
P
P
P
Duplexes; provided, that minimum lot
size of zoning designation is met and
subject to compliance with Chapter
18.25 ACC (Infill Residential
Development Standards)
X
X
A
P
P
P
X
Foster care homes
P
P
P
P
P
P
P
Group residence facilities (7 or more
residents)
X
X
X
X
C
C
C
Group residence facilities (6 or fewer
residents)
P
P
P
P
P
P
P
Keeping household pets4
PL
PL
PL
PL
PL
PL
PL
Multiple - family dwellings
X
X
X
X
A
P
P
Neighborhood recreational buildings
and facilities owned and managed by
the neighborhood homeowners'
association
A6
A6
A6
A6
A6
P
P
Renting of rooms, for lodging
purposes only, to accommodate not
more than two persons in addition to
the family or owner occupied unit8
P
P
P
P
P
P
P
Residential care facilities including
but not limited to assisted living
facilities, convalescent homes,
continuing care retirement facilities
P
P
X
X
A
P
P
Single- family detached dwellings,
new
P
P
P
P
P
P
X
Supportive housing, subject to the
provisions of ACC 18.31.160
X
X
X
X
X
P
P
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April 7, 2015
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Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
Swimming pools, tennis courts and
similar outdoor recreation uses only
accessory to residential or park uses
P
P
P
P
P
P
P
Townhouses (attached)
X
X
X
X
P
P
P
B. Commercial Uses.
Commercial horse riding and bridle
trails
A
X
X
X
X
X
X
Commercial retail, included as part of
mixed -use development and not a
home occupation in compliance with
Chapter 18.60 ACC
X
X
X
X
A
A
A
Daycare, limited to a mini daycare
center. Daycare center, preschool or
nursery school may also be
permitted but must be located on an
arterial
X
A
A
A
A
A
A
Home -based daycare as regulated
by RCW 35.63.185 and through
receipt of approved city business
license
P
P
P
P
P
P
P
Home occupations subject to
compliance with Chapter 18.60 ACC
P
P
P
P
P
P
P
Mixed -use development
X
X
X
X
P
P
P
Nursing homes
X
X
X
X
C
C
C
Private country clubs and golf
courses, excluding driving ranges
X
X
C
C
C
X
X
Privately owned and operated parks
and playgrounds and not
homeowners' association -owned
recreational area
X
A
A
A
A
P
P
Professional offices, included as part
of mixed -use development and not a
home occupation in compliance with
Chapter 18.60 ACC
X
X
X
X
A
A
A
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Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
C. Resource Uses.
Agricultural enterprise:'
When 50 percent, or more, of the
total site area is dedicated to active
agricultural production during the
growing season, and with 52 or less
special events per calendar year
A7
X
X
X
X
X
X
When less than 50 percent of the
total site area is dedicated to active
agricultural production during the
growing season, or with more than
52 special events per calendar year
C'
X
X
X
X
X
X
Agricultural type uses are permitted
provided they are incidental and
secondary to the single - family use:
Agricultural crops and open field
growing (commercial)
P
X
X
X
X
X
X
Barns, silos and related structures
P
X
X
X
X
X
X
Commercial greenhouses
P
X
X
X
X
X
X
Pasturing and grazing4
P
X
X
X
X
X
X
Public and private stables4
P
X
X
X
X
X
X
Roadside stands, for the sale of
agricultural products raised on the
premises. The stand cannot exceed
300 square feet in area and must
meet the applicable setback
requirements
P
X
X
X
X
X
X
Fish hatcheries
C
X
X
X
X
X
X
D. Government, Institutional, and Utility Uses.
Civic, social and fraternal clubs
X
X
X
X
A
A
A
Government facilities
A
A
A
A
A
A
A
Ordinance No. 6560
April 7, 2015
ORUp.Ke8of11
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Table 18.07.020
Permitted Use Table — Residential Zoning Designations
P = Permitted A = Administrative C = Conditional Use X = Not Permitted
Land Uses
Zoning Designations
RC
R -1
R -5
R -7
R -10
R -16
R -20
Hospitals (except animal hospitals)
X
X
X
X
X
C
C
Municipal parks and playgrounds
A
P
P
P
P
P
P
Museums
X
X
X
A
A
A
Religious institutions, less than one
acre lot size
A
A
A
A
A
A
A
Religious institutions, one acre or
larger lot size
C
C
C
C
C
C
C
Transmitting towers
C
C
C
C
C
C
C
Type 1 -D Wireless Communication
Facility (see ACC 18.04.912(J))
P
P
P
P
P
P
P
Utility facilities and substations
Cb
Cb
Cb
Cb
Cb
Cb
Cb
1. An accessory dwelling unit may be permitted with an existing single - family residence pursuant to ACC
18.31.120.
2. Please see the supplemental development standards for animals in ACC 18.31.220.
3. Individual uses that make up a mixed -use development must be permitted within the zone. If a use
making up part of a mixed -use development requires an administrative or conditional use permit, the
individual use must apply for and receive the administrative or conditional use approval, as applicable.
4. Proximity of pasture or livestock roaming area to wells, surface waters, and aquifer recharge zones is
regulated by the King or Pierce County board of health, and property owners shall comply with the
provisions of the King County board of health code.
5. Excludes all public and private utility facilities addressed under ACC 18.02.040(E).
6. Administrative use permit not required when approved as part of a subdivision or binding site plan.
7. Agricultural enterprise uses are subject to supplemental development standards under ACC 18.31.210,
Agricultural enterprises development standards.
8. An owner occupant that rents to more than two persons but no more than four persons is required to
obtain a City of Auburn Rental Housing Business License and shall meet the standards of the
International Property Maintenance Code.
(Ord. 6477 § 8, 2013; Ord. 6369 § 2, 2011; Ord. 6363 § 3, 2011; Ord. 6269 § 3,
2009; Ord. 6245 § 5, 2009.)
Ordinance No. 6560
April 7, 2015
ORUp.Ke9of11
Page 41 of 75
Section 10 AMENDMENT TO CITY CODE. That Section 18.31.130 of the
City Code be, and the same is hereby amended to read as follows:
18.31.130 Communal residence standards.
A. Parking Requirements. There must be one off - street parking stall
that meets City standards of ACC 18.52.050, `Parking design, development, and
maintenance standards' per tenant. The applicant must demonstrate that each
off -site parking space is under their ownership. In condominium or townhouse
communities the applicant can also provide legal documentation that
demonstrates that they have exclusive use of a common area parking space.
The city shall reduce the off - street parking requirement if the property owner
provides and maintains a notarized affidavit signed separately by each tenant,
certifying that a tenant does not own a vehicle or have control of a vehicle while
at the residence. A copy of the affidavit must be provided to the City upon
request.
B. Solid Waste Management Requirements.
1. ACC 8.08.070 requires all occupied communal residences to have
minimum garbage service. The landlord is required to provide tenants with
adequate garbage and recycle receptacles meeting the minimum garbage
service level of this code section.
2. The landlord is responsible to provide each tenant with the solid
waste collection schedule at the time of the tenant's initial occupancy and that
schedule is to be posted within the unit.
C. Annual Inspection Required. An annual building inspection is
required for a communal residence as part of the required initial issuance and
annual renewal of the rental housing business license.
D. Occupancy limits.
1. International Property Maintenance Code occupancy requirements
are applicable to a communal residence regardless of the number of individuals
living in the residence.
2. The occupancy limit for a Communal Residence shall not exceed
four (4) people.
(Ord. 6477 § 9, 2013; Ord. 6245 § 15, 2009.)
Section 11. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Ordinance No. 6560
April 7, 2015
ORUp.Ke10of11
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Section 12. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section or portion of this ordinance, or the invalidity of the application thereof to any
person or circumstance shall not affect the validity of the remainder of this ordinance, or
the validity of its application to other persons or circumstances.
Section 13. Effective Date. This Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law.
FIRST READING:
SECOND READING:
PASSED:
APPROVED:
ATTEST:
NANCY BACKUS, MAYOR
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
PUBLISHED:
Ordinance No. 6560
April 7, 2015
ORUp.Ke 11 of 11
Page43of75
AuBuRN ITY OF �
\VASHENG`Or,
Agenda Subject:
Resolution No. 5142
Department:
Administration
AGENDA BILL APPROVAL FORM
Attachments:
Res 5142
Administrative Recommendation:
Approve Resolution No. 5142
Background Summary:
Reviewed by Council Committees:
Councilmember:
Meeting Date: April 20, 2015
RES.A
Date:
April 15, 2015
Budget Impact:
$0
Staff: Hursh
Item Number: RES.A
AUBURN * MORE THAN YOU IMAGINED Page 44 of 75
RESOLUTION NO. 5 1 4 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF AUBURN
AND LONGHORN BARBECUE OUTPOST, INC FOR
CONCESSIONS AT THE AUBURN GOLF COURSE
WHEREAS, the City of Auburn is the owner of the Auburn Golf Course
located at 29630 Green River Road in Auburn, Washington; and
WHEREAS, the City of Auburn is the owner of the concession buildings
located at the Auburn Golf Course; and
WHEREAS, the City has a need for concession services at the Auburn
Golf Course and Longhorn Barbecue Outpost, Inc. has the ability to provide for
those services at a cost that is acceptable to the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of Auburn
and Longhorn Barbecue Outpost, Inc. for concession services at the Auburn
Golf Course which agreement shall be in substantial conformity with the
Agreement a copy of which is attached hereto, marked as Exhibit "A" and
incorporated herein by this reference.
Resolution No 5142
April 20, 2015
Page 1 of 2
RES.A
Page 45 of 75
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this day of , 2015.
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROV ! AS re FORM:
Ai
..AA�∎
Da el :. Heid, ■ y Attorne'
Resolution No. 5142
April 20, 2015
Page 2 of 2
RES.A
Page46of75
AUBURN GOLF COURSE RESTAURANT
CONCESSIONAIRE AGREEMENT
This Agreement ( "Agreement ") is entered into by and between the CITY OF
AUBURN, a municipal corporation of the State of Washington (hereinafter referred to as
the "City ") and LONGHORN BARBECUE OUTPOST, INC. a Washington - corporation
(hereinafter referred to as the "Concessionaire ").
WITNESSETH:
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, catering,
and other food concession rights at the Auburn Golf Course located at 29630 Green
River Road, Auburn, Washington, legally described in Exhibit A 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 the use and
control of spaces as set forth in and to the extent described in Exhibit "B" attached
hereto and incorporated herein by reference, and shall include the Kitchen (Room 101),
the Restaurant (Room 102), the Banquet/Meeting Room(s) (Room(s) 103 (A & B))
(subject to City reserved rights), the Storage Room (next to the Banquet/Meeting
Room(s)) (Room 104) (subject to City reserved rights), the Outdoor Patio (adjacent to
the Restaurant and the Banquet/Meeting Room(s)), and the North Screened Area
(Room 117), as well as joint/shared use of the Banquet Room Hall (next to the
Banquet/Meeting Room(s)) (Room 108), the Lobby (Room 109), the Men's Restroom
(Room 110), the Women's Restroom (Room 111), the Hall (Restrooms) (Room 112), the
Janitorial Room (Room 113), the Mechanical /Electrical Room (Room 114), the West
Veranda - Main Entry (Room 115), and the North Veranda — Side Entry (Room 116), as
such rooms are shown on the Architectural Floor Plan attached as Exhibit C attached
hereto and incorporated by reference. Restaurant employees and customers may also
use the Golf Course Club House Parking Lot.
In addition, the City grants the Concessionaire the exclusive right to operate one
or more beverage /snack cart(s) ( "Beverage Cart ") on the golf course. The Beverage
Cart may serve and sell alcoholic beverages, food items, and sundries. The Beverage
Cart shall be operational on at least the following days: Friday through Sunday from
April 1st through April 30th; seven (7) days per week from the first day of May through
Labor Day; Friday through Sunday from the day after Labor Day through September
30th; provided, that the Beverage Cart need not be operational during inclement
weather. The City shall provide gasoline and maintenance for the operation of the
Beverage Cart, to be paid for by the Concessionaire. The City reserves the right, and
AUBURN GOLF COURSE CLUBHOUSE
R_SONCESSIONAIRE AGREEMENT
Page 1
Page 47 of 75
Concessionaire acknowledges the City's right, for the golf course pro shop to sell drip
coffee, bottled water, prepackaged snacks, health bars, and candy bars. The City
reserves the right and the Concessionaire acknowledges the City's right to sell breakfast
items, such as, but not limited to bagels, donuts, and orange juice when the
Concessionaire is not open or is scheduled to be closed for the breakfast period.
The City also grants the Concessionaire the right to schedule use the Auburn
Golf Course Tent Area when such use will not conflict with use of the Tent Area by the
Golf Course or the City.
II. TERM OF CONCESSION AGREEMENT & OPTIONS
This Agreement shall commence on the 1st day of May, 2015, and shall expire
on the 30th day of April, 2022.
The Concessionaire shall also have the opportunity to extend the Concessionaire
Agreement for two (2) five -year extensions in accordance with the terms and conditions
as agreed to by the City and the Concessionaire in advance of each such extension.
III. CONCESSION FEES AND PAYMENTS
A. Beginning May 1, 2015 the Concessionaire shall pay to the City monthly
Concession Fees of Five Thousand Dollars ($5,000.00). Beginning May 1, 2016 the
Concession Fees shall be increased to Five Thousand and Five Hundred Dollars
($5,500.00) per month. Beginning May 1, 2017 the Concession Fees shall be increased
to Six Thousand Dollars ($6,000.00) per month. The total annual Concession payment
during the first three years of the agreement include payment of the lease and leasehold
excise tax. Effective May 1, 2018 the Concession Fees shall be adjusted annually
effective May 1 hereafter, of each year, during the term of this Agreement, in
accordance with the previous Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI -W) June to June. In addition to the Concession Fees after May 1,
2018, the Concessionaire shall be responsible to pay a leasehold excise tax in lieu of
payment of property tax on the underlying base Concession Fees, which tax is added
thereto at a rate of 12.84 %.
B. The City and Concessionaire shall pay for utility charges in accordance
with the division of rooms /facilities set forth in Exhibit "B" of this Agreement. Utility
charges include charges for water, sewer, electricity, Metro sewer utility, propane,
garbage and recycling. The City shall provide phone services to the Concessionaire in
accordance with the division set forth in said Exhibit "B." Additionally, the parties shall
each be responsible for any CATV and Internet services provided to the rooms /facilities
for which they are responsible in accordance with the division of rooms /facilities set forth
in Exhibit "B" of this Agreement.
C. The Concession Fees and Leasehold Tax, and any other fees or
payments to be paid by the Concessionaire to the City shall be delivered to the:
AUBURN GOLF COURSE CLUBHOUSE
RICeACESSIONAIRE AGREEMENT Page 2
Page48of75
Finance Director
Auburn City Hall
25 West Main
Auburn, WA 98001
D. Any payments to utility companies or any third parties related to the
operation of the Restaurant operations shall be paid when due and the accounts
therefore shall be kept up to date.
IV. OPERATIONS AND SERVICE
A. The Concessionaire shall:
(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 on site at the Restaurant.
(2) Prepare the Prepare the application for, and assume responsibility
for all costs and expenses of, the obtaining the appropriate 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, during each day the City of Auburn Golf Course is
in operation, including holidays and all weekends (except as agreed to by and between
the parties); provided, that limited food service as reasonably approved by the City may
be provided during the period(s) when remodeling and equipment installation is taking
place. Food service shall not be limited at any other time without prior written approval
of the City.
(4) Operate the Restaurant not less than ten (10) hours per day of
operation, including being open and in operation between the hours of eleven o'clock
(11:00) a.m. and nine o'clock (9:00) p.m. The Concessionaire shall work with the City to
ensure that at all times that the Restaurant is open, the restrooms (Rooms 110 and
111), are to be open to the public.
(5) 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
AUBURN GOLF COURSE CLUBHOUSE
CONCESSIONAIRE AGREEMENT
RES.A
Page 3
Page 49 of 75
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.
(6) Provide necessary advertising to publicize the Restaurant, Lounge
and Banquet Room 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.
(7)
The entire facility, including the outdoor patio, shall be smoke free.
(8) The City shall allow the Concessionaire to operate beverage /snack
cart(s) ( "Beverage Cart") on the golf course. The Beverage Cart may serve and sell
alcoholic beverages, food items, and sundries. The Beverage Cart shall be operational
on at least the following days: Friday through Sunday from April 1st through April 30th;
seven (7) days per week from the first day of May through Labor Day; Friday through
Sunday from the day after Labor Day through September 30th; provided, that the
Beverage Cart need not be operational during inclement weather. The City shall provide
gasoline and maintenance for the operation of the Beverage Cart to be paid for by the
Concessionaire. The purchase of additional Beverage Carts will be the responsibility of
the Concessionaire.
B. The Concessionaire shall establish all prices for goods and services
provided by Concessionaire in the Concession Areas and Beverage Cart, 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.
C. The Concessionaire may not subcontract all or any portion of the Concession
Areas or Beverage Cart operations.
D. 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.
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.
E. The Concessionaire shall use reasonable, good faith efforts to
communicate to and coordinate with golf course management staff all reservations and
"private" function activities in the Concession Areas so as to avoid unreasonable
conflicts with golf course events and activities. If the Concession Areas and the golf
course have both scheduled events that will need use of the parking lot, then the event
AUBURN GOLF COURSE CLUBHOUSE
REQNCESSIONAIRE AGREEMENT Page 4
Page 50of75
scheduled to begin first shall have priority for use of the parking lot - unless the City and
the Concessionaire can reach an agreement on shared use for the events.
Concessionaire shall maintain at all times readily accessible, up to -date scheduling
records associated with the Restaurant and Banquet Room.
F. 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 the Concessionaire shall be allowed to install and maintain one (1) Automated teller
machine (ATM or cash machine) in the Concession Area, at a location approved by the
City, and provided that the Concessionaire shall be responsible for making sure that the
ATM /cash machine remains in proper working order (such that if the ATM /cash machine
is not working , it shall be promptly repaired, replaced or removed); and
(3)
Video games or gambling devices unless approved by the City.
V. RELATED RIGHTS
A. 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, 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.
B. The City reserves the right to use the Banquet Room for ten (10) events
annually, at no fee to the City. The City shall schedule such Banquet Room events in
writing with Concessionaire not Tess than thirty (30) days prior to the planned event date
and scheduling shall be subject to events scheduled by Concessionaire prior to receipt
of the City's scheduling notice.
C. The 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. The 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.
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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. SECURITY SERVICES
Any electronic security measures of the Concessionaire Area shall be the
responsibility of the Concessionaire.
VIII. CAPITAL IMPROVEMENTS
A. Any capital improvements or structural changes to the Golf Course
Clubhouse building must be approved by the City in advance. The 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, Arts and
Recreation a concept proposal paper including preliminary sketches of such work. If
approved by the Director of Parks, Arts 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. The 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, 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.
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E. 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, upon expiration of this Agreement the items listed in Exhibit "D" hereto.
X. CUSTODIAL /MAINTENANCE
A. Concessionaire shall, at all times, maintain and keep the Concession Area
and locations identified in Exhibit "B" as being the Concessionaire's responsibility,
including the kitchen equipment, fixtures and plumbing (including but not limited to
stoves, ovens, hood, water lines, sewer lines and grease trap), in a neat, clean, safe
and sanitary condition, and in compliance with all applicable codes, standards of the
restaurant industry and in accordance to the standards set forth in Exhibit "F" attached
hereto and incorporated herein by reference. 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. The
City or a representative of the City may inspect the Concession Area at any reasonable
times to ensure that the terms and conditions of this Agreement are being complied
with.
B. 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. The Concessionaire will perform all repairs and
normal periodic maintenance and servicing as recommended by the manufacturer or as
required by any local fire code, for the following: range hood duct work, exhaust fans,
hood fire suppression system, and kitchen make -up air ductwork. Maintenance shall
include scheduled cleaning and servicing (following manufacturer's recommendations),
refinishing and painting of the interior of the Concession Areas specifically including the
restaurant, lounge, kitchen, banquet room, and interior restrooms and patio areas. The
City or a representative of the City may inspect the Concession Area at any reasonable
times to ensure that the terms and conditions of this Agreement are being complied
with.
C. The City shall maintain the building structure (including roof, structural
elements, exterior walls, doors and windows), foundation, Heating Ventilation and Air
Conditioning (HVAC) system (does not include kitchen range ventilation, make up air
and exhaust system), electric power lighting panels and distribution circuits, plumbing
system, including plumbing fixtures; provided, that any damages or repairs to any of the
above - described building structures which are the result of the Concessionaire's
negligent or intentional acts shall be the responsibility of the Concessionaire. The City
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acknowledges that it is responsible for the construction and installation of the plumbing
system, including the dishwasher drain and any grease traps. The City shall provide and
maintain for the use of the Concessionaire, its patrons and employees, the parking lots
on the golf course property, which shall be used in common with patrons of the golf
course. To the extent reasonably necessary, the City shall endeavor to remove
accumulations of snow and ice from the parking lot and from the walkways leading to
the clubhouse.
D. The Concessionaire and the City shall each have a representative attend
meetings as needed to discuss and resolve any maintenance problems or concerns.
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. The Concessionaire shall keep in a location in the Concession Areas
accessible to the City during normal business hours copies of all reports regarding
hazardous or toxic materials in the Concession Areas that the Concessionaire has
provided to any governmental agency in the previous quarter.
C. The Concessionaire shall, upon request and at the Concessionaire's sole
expense, provide the City with a copy of any such report. In the event of any accident,
spill, or other incident involving Hazardous Substances that the Concessionaire is
required to report to any governmental agency, the Concessionaire shall immediately
report the same to the City and supply the City with all information and reports with
respect to the same, together with the Concessionaire's clean -up or remediation plan
and schedule. If such clean -up or remediation plan is not acceptable to the City, the City
may so notify the Concessionaire and, upon 48 hours prior written notice (or without
notice if the City determines that an emergency situation exists) may enter on the
Concession Areas to conduct the cleanup or remediation and charge the
Concessionaire the costs thereof. All information described herein shall be provided to
the City regardless of any claim by the 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.
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D. Indemnification: The Concessionaire agrees to hold harmless, protect,
indemnify, and defend the City from and against any damage, loss, claim, or liability;
INCLUDING reasonable attorney's fees and costs; resulting from the Concessionaire's
use, disposal, transportation, generation, and /or sale of any Hazardous Substances.
The City agrees to hold harmless, protect, indemnify, and defend the 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 the Concessionaire. These indemnities will survive the termination of this
Agreement, whether by expiration of the Term or otherwise.
XIII. TERMINATION
A. The parties may terminate this Agreement by providing the other party with
ninety (90) days written notice of termination.
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 the City determines is of a nature requiring
more than thirty (30) days to remedy, the Concessionaire shall not be in default so long
as the City determines that the Concessionaire undertakes to remedy the default or
deficiency within the 30 day period and thereafter diligently pursues completion of the
remedy.
C. In addition, upon providing written notice to the Concessionaire, the City
may immediately 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 or found to have committed or engaged in any illegal activity
as a part of the concession operations, including the willful failure to pay all taxes and
required fees, whether the finding is by a court of competent jurisdiction or by the City
following due process and investigation separate and apart from any formal judicial
process.
D. In the event that after termination or expiration of the term of this
Agreement, as provided herein, the Concessionaire has not removed its property and
fixtures within the time allowed under Article XIII E, 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 the Concessionaire shall
reimburse the City for any expense incurred by the City in connection with such removal
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and storage. The City shall have the right to sell such stored property, without notice to
the 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 the Concessionaire to the City, and the balance, if any,
shall be paid to the Concessionaire. Notwithstanding any provision to the contrary
contained herein, the City's and the Concessionaire's rights under this Article shall be
subject to the applicable laws of the State of Washington.
E. Upon termination or expiration of the term of this Agreement, the
Concessionaire shall remove all it goods, wares and merchandise from the Concession
Areas and shall remove any equipment or fixtures placed therein by the 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.
F. Upon termination or expiration of the term of this Agreement, the
Concessionaire shall surrender the Concession Areas to the City and promptly
surrender and deliver to the City all keys that it may have to any and all parts of the
Concession Areas. 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
A. The Concessionaire recognizes that, although it is operating the
concession facilities as an independent operator for profit, the City's Department of
Parks, Arts 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 the 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. The 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.
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C. All of the Concessionaire's personnel shall be dressed in neat appearing
attire, which shall include a standard uniform and shirt logo for the Concessionaire's
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, sexual orientation, marital status, families with
children, physical handicaps or age. The Concessionaire shall comply with applicable
laws, standards, and regulations pertaining to employment practices and employee
treatment. Conditions of the Washington Industrial Safety and Health Act of 1973
(WISHA). 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. The Concessionaire agrees to
indemnify and hold the City harmless from all damages assessed for the
Concessionaire's failure to comply with the Acts and Standards issued thereunder.
XVI. 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.
XVII. ADDRESSES FOR NOTICES
Except for payments and Gross Receipt reports as directed by Article III D.
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 the Concessionaire or to the 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 /Administration
Auburn City Hall
25 West Main Street
Auburn, WA 98001
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And to the Concessionaire at the following address:
With a copy to:
XVIII. ASSIGNMENT OF AGREEMENT
The City and the 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.
XIX. EQUALITY OF TREATMENT
A. The Concessionaire shall comply with all applicable Federal, State,
County, and City laws, ordinances, rules and regulations regarding nondiscrimination
and 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, sexual orientation, disability or the use of a trained dog guide
or service animal by a disabled person, 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,
creed, sexual orientation, marital status, families with children, disability or the use of a
trained dog guide or service animal by a disabled person, religion, sex, age or national
origin.
B. The Concessionaire shall comply with all applicable Federal, State,
County, and City laws, ordinances, rules and regulations regarding nondiscrimination in
employment and shall not discriminate in employment on the basis of creed, families
with children, race, color, national origin, sex, sexual orientation, religion, age, marital
status, or disability or the use of a trained dog guide or service animal by a disabled
person, except for employment actions based on bona fide occupational qualification.
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XX. CASUALTY 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 rendered partially
tenantable by fire or other insured casualty as determined by the City's Building Official,
in consultation with the Concessionaire, and if the damage is repairable within ninety
(90) days from the date of the occurrence, (with the repair work and preparations
therefore to be done during regular working hours on regular work days), which repair
time -frame shall be as determined by the City's Building Official, in consultation with the
Concessionaire, the City shall repair the premises with due diligence, to the extent of the
insurance proceeds available, and the monthly rent shall be abated in the proportion
that the tenantable portion of the Concession Areas bears to the whole thereof for the
period from the date of the casualty to the completion of the repairs; Provided that even
if the premises are only partially damaged, if the portion that is damaged prevents the
Concessionaire from being able to use the premises for Concessionaire's intended
purposes, as determined by the Concessionaire, the Concessionaire shall be relieved
from its obligations hereunder to the extent that the premises are so unable to be used..
B. Total Destruction. If the Concession Areas are completely destroyed by
fire or other casualty, or if they are damaged by uninsured casualty, or by insured
casualty to such an extent that the damage cannot be repaired within ninety (90) days of
the occurrence, City shall have the option to restore the Concession Areas or terminate
this Lease on thirty (30) days' written notice. If this Section becomes applicable, the City
shall advise Concessionaire within thirty (30) days after the City learns of such casualty
whether the City elects to restore the Concession Areas and, if so, shall commence and
prosecute the restoration work with diligence. For the period from the date of the
casualty until completion of the repairs (or the date of termination of the Lease, if the City
elects not to restore the premises), the monthly rent shall be abated.
C. Uninsured Damage. In addition, the Concessionaire has the right to
terminate this Agreement if damage or destruction is caused by a peril not required to
be insured against hereunder and for which insurance proceeds are not available. If
insurance is unavailable either the City or the 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.
XXI. NO LIENS OR ENCUMBRANCES
It is mutually understood and agreed that the Concessionaire shall have no
authority, express or implied, to create or place any lien or encumbrance of any kind or
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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 the 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 the
Concessionaire by this Agreement. If any such liens are filed, the City may, without
waiving its rights and remedies for breach, and without releasing the Concessionaire
from its obligations hereunder, require the Concessionaire to post security in form and
amount reasonably satisfactory to the City or cause such liens to be released by any
means the City deems proper, including payment in satisfaction of the claim giving rise
to the lien. The Concessionaire shall pay to the City upon demand any sum paid by the
City to remove the liens. Further, the Concessionaire agrees that it will save and hold
the City harmless from any and all Toss, 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 the City in removing such liens, and in
enforcing this Article. Additionally, it is mutually understood and agreed that this Article
is intended to be a continuing provision applicable to future repairs and improvements
after the initial construction phase.
XXII. INSURANCE
A. Fire, Earthquake, & Casualty Insurance: During the term of this Agreement
and any extension thereof, the City shall maintain a property insurance policy on the
Auburn Golf Course building in the amount of the replacement cost of the building,
including the restrooms, hallways and common areas, for damage from fire, earthquake
and other perils. Said insurance policy shall also insure the replacement value of the
City's kitchen equipment, fixtures and other equipment provided or owned by the City
and tenant improvements provided by the Concessionaire pursuant to this Agreement.
The Concessionaire shall be responsible for maintaining its own fire and hazard
insurance on Concessionaire owned personal property placed within the Premises. All
personal property of any kind or description whatsoever in the Concession Areas shall
be at the Concessionaire's sole risk, and the City shall not be liable for any damage
done to, or loss of, such personal property.
B. Liability Insurance: Not less than thirty (30) days prior to the date of the
Concessionaire's entry onto the Concession Areas, the Concessionaire, at its own
expense shall obtain and file with the City's Director of Risk Management a Certificate of
Insurance evidencing commercial general liability insurance coverage ( "CGL ") providing
coverage of at least one million ($1,000,000.00) per occurrence and two million
($2,000,000.00) general aggregate. The Commercial General Liability insurance shall
include either by endorsement or a stand -alone policy , liquor liability in an amount not
less than one million dollars ($1,000,000.00) per occurrence and one million
($1,000,000.00) aggregate.
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CGL insurance shall be written on Insurance Services Office (ISO) occurrence
form CG 00 01 and shall cover premises, products /completed operations, broad form
property damage, independent contractors, personal injury/advertising liability, and
contractual liability. The City shall be named as a named insured on the
Concessionaire's Commercial General Liability insurance policy. This Certificate of
Insurance and a copy of the amendatory endorsement, including, but not necessarily
limited to, the named insured endorsement, evidencing the insurance requirements of
the Concessionaire shall be subject to approval by the City's Director of Risk
Management as to company, terms and coverage, and said approval shall not be
unreasonably withheld.
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. The Concessionaire shall insure that the City is
given thirty (30) calendar days prior written notice, by certified mail, of any cancellation,
lapse, reduction or modification of such insurance. The insurance policies are to contain,
or be endorsed to contain that The Concessionaire's insurance coverage shall be
primary insurance as respect to the City. Any Insurance, self- insurance, or insurance
pool coverage maintained by the City shall be excess of the Concessionaire's insurance
and shall not contribute to it. The Concessionaire shall have the right to maintain a
deductible level of up to $5,000.00.
C. Release and Waiver of Subrogation: Any policy of insurance carried by
either the City or the 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 the City nor the Concessionaire shall be liable
to the other party or to any insurance company (by subrogation or otherwise) insuring
the other party for any loss or damage to any building, structure or tangible personal
property of the other occurring in or about the Concession Areas, even though such loss
or damage might have been occasioned by the negligence of such party, its agents or
employees, if such loss or damage is covered by insurance issued by an insurance
carrier authorized or licensed by the Insurance Commissioner of the State of
Washington to issue lines of insurance, benefiting the party suffering such loss or
damage or was required under the terms of this Agreement to be covered by insurance
by the party covering the loss.
XXIII. HOLD HARMLESS, INDEMNIFICATION, & 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 indemnify, defend, and 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
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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.
B. Industrial Insurance: The Concessionaire expressly waives any immunity
under industrial insurance whether arising from Title 51 of the Revised Code of
Washington (RCW) or any other statute or source, to the extent of the indemnity set
forth in this Article.
The City expressly waives any immunity under industrial insurance whether
arising from Title 51 of the Revised Code of Washington or any other statute or source,
to the extent of the indemnity set forth in this Article.
Extent of Indemnification: In no event shall the Concessionaire's obligations
hereunder be limited to the extent of any insurance available to it.
XXIV. RELATIONSHIP OF PARTIES
A. Concessionaire Independent Contractor: 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 the City as granting
a concession to the Concessionaire. The 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. The 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. The Concessionaire and its
personnel have no authority to bind the City or to control the City's employees. As an
independent contractor, the 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 the Concessionaire or the Concessionaire's
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.
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XXV. PERMITS, LICENSES, TAXES AND FEES
A. The Concessionaire shall obtain and at all times maintain a current Auburn
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 the Concessionaire's obligations under this Agreement at the
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, 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.
XXVI. 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.
XXVII. ADVERTISING
The Concessionaire shall submit for the City's approval, not to be unreasonably
withheld, all advertisements for commercial vendors related to the concession operation.
XXVIII. REMEDIES
In addition to all other remedies provided by law, the parties hereto agree that the
actual damages suffered by the City may be difficult to calculate and, in the event of the
abandonment of the premises by the Concessionaire or entry by the City because of
breach or default by the Concessionaire, the Concessionaire shall leave behind all of
the Tenant Improvements identified in Exhibit "D" except for items numbered one (1)
through five (5) which shall remain with the Concessionaire.
XXIX. 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
AUBURN GOLF COURSE CLUBHOUSE
REONACESSIONAIRE AGREEMENT
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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.
XXX. ARTICLE HEADINGS, GENDER, & NUMBER
Article headings are not to be construed as binding provisions of this concession;
they are for the convenience of the parties only. The masculine, feminine, singular and
plural of any word or words shall be deemed to include and refer to the gender and
number appropriate in the context.
XXXI. ENTIRE AGREEMENT
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.
XXXII. CHOICE OF LAW & VENUE
This Agreement shall be interpreted according to the laws of the State of
Washington. Any judicial action to resolve disputes arising out of this Agreement shall
be brought in King County Superior Court.
XXXIII. ARBITRATION
Any controversy or claim arising out of or relating to this Agreement, or its
breach, shall be settled by arbitration administered by the American Arbitration
Association under its Commercial Arbitration Rules then in effect. The decision of the
arbitrator(s) is final and judgment thereon may be enforced by any court of competent
jurisdiction. Notwithstanding the foregoing, either party may seek injunctive relief in
Washington state 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.
AUBURN GOLF COURSE CLUBHOUSE
_CONCESSIONAIRE AGREEMENT
Page 18
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XXXVI. COUNTERPARTS
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.
IN WITNESS WHEREOF, this Agreement has been entered into by and between
the City of Auburn and , as of the
day of , 20
LONGHORN BARBECUE OUTPOST, INC CITY OF AUBURN
By: David Allen Davis
AUBURN GOLF COURSE CLUBHOUSE
REOANCESSIONAIRE AGREEMENT
By: Nancy Backus, Mayor
ATTEST:
Dani Daskam, City Clerk
Page 19
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LIST OF EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Legal Description of Property on Which Restaurant is Located
Rights in Use and Control of Facility Spaces with Apportioning of Utility,
Maintenance and Custodial Costs
Architectural Floor Plan
City Property used, maintained and /or replaced by Concessionaire
Property of the Concessionaire
Janitorial Schedule
AUBURN GOLF COURSE CLUBHOUSE
RECs0.IAICESSIONAIRE AGREEMENT Page 20
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING
I certify that I know or have satisfactory evidence that NANCY BACKUS is the
person who appeared before me, and said person acknowledged that she signed this
instrument, and on oath stated that she was authorized to execute the instrument on
behalf of and as the Mayor of the CITY OF AUBURN as the free and voluntary act of
such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this day of , 20
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
Name:
Notary Public in and for the State of
Washington, residing at
My Commission expires
I certify that I know or have satisfactory evidence that DAVID ALLEN DAVIS is
the person who appeared before me, and said person acknowledged that he signed this
instrument, and on oath stated that he was authorized to execute the instrument on
behalf of and as the of the Concessionaire, LONGHORN
BARBECUE OUTPOST, INC., as the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Given under my hand and official seal this day of , 20
AUBURN GOLF COURSE CLUBHOUSE
CONCESSIONAIRE AGREEMENT
RES.A
Name:
Notary Public in and for the State of
Washington, residing at
My Commission expires
Page 21
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EXHIBIT "A"
Legal Description of Property on Which Restaurant is Located*
052105 11 Government Lot 6 less county road together with west 1/2 of southwest 1/4
subject to transmission line right -of -way as identified in King County, Washington Tax
Parcel Identification Number 0521059011.
*This Exhibit identifies the property on which the Restaurant is located but does not
expand Concessionaire Rights to the entire property. Concessionaire Rights shall only
apply to that part of the above - described property rights identified on Exhibit B as set
forth therein.
AUBURN GOLF COURSE CLUBHOUSE
CONCESSIONAIRE AGREEMENT
RES.A
Page 22
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EXHIBIT "B"
Rights in Use Control of Facility Spaces with Apportioning of Utility, Maintenance, and Custodial Costs
The City and the Concessionaire have agreed that joint operations of the facility require 1) that rights and responsibilities
for the use and control of spaces be established, 2) that operating costs respective to those spaces which require utilities,
3) necessary maintenance and repair, and 4) custodial services be delineated. Unless expressly described otherwise in
the Auburn Golf Course Restaurant Concessionaire Agreement, the following table depicts these responsibilities:
Room
Room / Space Name
1 - Right
2 — Utility
'3 — Maintenance
4 — Custodial
101
Kitchen
Concessionaire
Concessionaire
Concessionaire
Concessionaire
102
Restaurant
Concessionaire
Concessionaire
Concessionaire
Concessionaire
103
Banquet / Meeting Room
Concessionaire
Concessionaire
Concessionaire
Concessionaire
104
Storage (Meeting Rooms)
Concessionaire
:Concessionaire
Concessionaire .
Concessionaire
105
Office (Pro -Shop)
City
City
City
City
106
Pro Shop
City
City
City
City
107
Storage Golf Retail
City
City
City
City
108
Banquet Room Hall
Joint -Use
City
City
City
109
Lobby
Joint Use
City
City
City
110
Men's Restroom
Joint Use -
City
City
City
111
Women's Restroom
Joint Use
City
City
City
112
Hall (Restrooms)
Joint Use
City
City
City
113
Janitorial Room
Joint Use
City
City
City
114
Mechanical /Electrical
Room
Joint Use
City
City
City
115
West Veranda — Main
Entry
Joint Use
City
City
City
116
North Veranda — Side
Entry
Joint Use
City
City
City
117
North Screened Area
Concessionaire
Concessionaire
Concessionaire
Concessionaire
Patio
Concessionaire -
Concessionaire
City.
Joint (note Exhibit F)
Parking Lots
Joint Use
City
City
City
Exterior Site Lighting
Joint Use.
City
City
City
AUBURN GOLF COURSE CLUBHOUSE
CONCESSIONAIRE AGREEMENT
RES.A
Page 23
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EXHIBIT "B" (continued)
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 include food and beverage stains and annual pressure
wash,
2. Utilities: In consideration of overall HVAC, power, sewer, water, waste disposal, CAN, 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. 6 telephone lines (numbers) with optional voice mail on three lines and
Internet access for up to two computers will be supplied by the City at a fee not to exceeded $300.00 per month. This includes
installation and maintenance of the services, up to six telephone handsets and long distance not to exceed 500 minutes per motion.
Additional long distance may be billed at .05 /minute. The City will provide drops for cable service, but the Concessionaire will be
responsible to pay for ongoing service.
Gas: Gas usage has been established by separate meters and separate accounts.
Water /Sewer: Interior water and sewer 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, as to the Concession Area; on- course waste disposal is
the responsibility of the City.
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 the City wit invoice 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, and waste disposal.
AUBURN GOLF COURSE CLUBHOUSE
CONCESSIONAIRE AGREEMENT
RES.A
Page 24
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NORTH
VERANDA
116
HALL
112
\OMENS
111
�1n
MENS V
110
WALK -IN
FREEZER
WALK -IN
COOLER
NORTH
SCREENED
AREA
117
EXHIBIT "C"
Architectural Floor Plan
WALKUP WINDOW
r.
KITCHEN
[101
4;, ti
JANITC ;RIAL'
113 i
MECHANICAL/
lELECTRICAL
114
LOBBY
109
WEST
VERANDA
115
LOBBY
2 SIDED
FIREPLACE
r'
RESTAURANT
102
RESTAURANT- PATIO
2 SIDED FIREPLACE
PATIO
BANQUET ROOM NORTH
103 A
PRO SHOP
106
STORAGE
107
OFFICE
105
HALL
108
BANQUET ROOM SOUTH
STORAGE
104
103 B
RESTAURANT
FLOOR PLAN
AUBURN GOLF COURSE CLUBHOUSE
R OANCESSIONAIRE AGREEMENT
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EXHIBIT "D"
City Property used, maintained and /or replaced by Concessionaire
1. Grease traps
2. Kitchen water heater
3. Kitchen floor sinks, drains in floor
4. Stand alone Freezers /Coolers
5. Freezers /Coolers Walk -ins
6. Including interior & exterior condensers
7. Refrigeration lines
8. Condensation lines for FSE
9. All sheet & stainless metal items (stainless steel wall flashing under the hood
systems)
10. Bar & Back Bar
11. Shelving and cabinetry in areas of Concessionaire responsibility
12. Interior & exterior tables and chairs
13. Interior & exterior service stations
14. Fireplace adjacent to Restaurant and Patio
AUBURN GOLF COURSE CLUBHOUSE
CONCESSIONAIRE AGREEMENT
RES.A
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EXHIBIT "E"
Property of the Concessionaire
1. Televisions in areas of Concessionaire responsibility
2. Point of Sale "POS" system in areas of Concessionaire responsibility
3. Music System
4. Utensils, supplies, cookware, crockery, glassware, silverware, serving
equipment, chaffing dishes, all banquet equipment
5. Hostess station
6. Soda lines
7. Burglar Alarm system in areas of Concessionaire responsibility
8. Data /AV /Phones /Computers Equipment in areas of Concessionaire
responsibility
9. Speakers in areas of Concessionaire responsibility
10. Signage in areas of Concessionaire responsibility
AUBURN GOLF COURSE CLUBHOUSE
_SONCESSIONAIRE AGREEMENT
Page 27
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EXHIBIT "F"
Janitorial Standards for Concessionaire
The Concessionaire shall at all times and at no expense to the City, keep the
Concession Areas in a neat, clean, safe and sanitary condition. The Concessionaire
shall at all times keep the glass of all windows and doors clean and presentable (both
interior and exterior); furnish all cleaning supplies, materials and equipment needed to
operate the Concession Areas in a manner prescribed in this Agreement; and provide all
necessary janitorial service to adequately maintain the Concession Areas on the
frequency schedule made part of this Exhibit, which by this reference is incorporated
herein.
The City through its representative shall conduct periodic inspections of the
Concession Area and shall notify the Concessionaire in writing to make changes in
maintenance methods. The Concessionaire shall make changes and /or repairs within
the time, or times, indicated by the City.
The Concessionaire shall contract with a qualified pest control company to
control the rodent population around the Premises. The Concessionaire may provide for
janitorial services by contract with a third party, which shall be subject to this Agreement
and the prior written approval of the City.
The Concessionaire shall provide a list of emergency phone numbers including
those of any firms performing contract maintenance to contact in case of emergency,
(e.g. fire extinguishing system maintenance or alarm company).
The Concessionaire shall provide fire extinguishers and other items required by
the Fire Authority in the Concession Area. All kitchen equipment must be approved for
use by the City's Building Division and the local Fire Authority.
FREQUENCY SCHEDULE CONCESSIONAIRE AREA
Including, but not limited to the following:
Daily
1. Empty all trash including patio receptacles and place in dumpster. Brush and /or
wipe wastebaskets. Wash wastebaskets as needed.
2. Dust all desks, tables, counters, files, telephones, and other furniture within
reach. Remove any spillage as needed.
3. Wash table tops, counters and all surfaces.
4. Sweep /damp mop all epoxy floors. Remove spillage on all floors each night.
5. Replace burned out light bulbs.
6. Pick up trash, dump trash container to primary dumpster located in parking lot.
Keep the surrounding area of the dumpster free of debris.
AUBURN GOLF COURSE CLUBHOUSE
CONCESSIONAIRE AGREEMENT
RES.A
Page 28
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EXHIBIT "F"
Janitorial Standards for Concessionaire (continued)
7. Spot clean marks and smudges from walls, especially doors, around push
plates, and light fixtures.
8. Keep storage areas neat and clean.
9. Vacuum carpeted areas and all entry mats. Spot clean as required.
10. Sweep clean patio areas.
11. Clean door glass.
12. Provide litter control for any litter generated through the use of the restaurant,
lounge, and banquet facilities out to service road.
Weekly
1. Perform high dusting such as upper walls, ventilator grills. Perform high dusting
of piping, floor and window casings, and other surfaces not done on a more
frequent basis.
2. Use damp cloth or dust rag to clean the interior and outer surfaces of all lights.
3. Dust/clean all walls.
4. Clean grease trap and drain.
5. Maintain area around compactor /dumpster off kitchen area. If utilized, maintain
the compactor /dumpster and area within the fenced enclosure of the parking
lot.
6. Hose down patio area.
7. Hose down dumpster area off kitchen (daily if needed).
Monthly
1. Clean interior and exterior window and door glass.
Quarterly to Semi - Annually
1. Clean carpet.
Semi - Annually To Annually
1. Pressure wash the patio prior to season use.
2. Grease holding tank pumped not less than semi - annually.
Periodic
1. Range hood, bar, and refrigerator to receive normal periodic maintenance and on
an as- needed basis per the manufacturer's specifications.
AUBURN GOLF COURSE CLUBHOUSE
RE.NCESSIONAIRE AGREEMENT Page 29
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