CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to Seattle Parks and Recreation; authorizing the Superintendent of Parks and Recreation to execute an amendment to the amended and restated Concession Agreement with Tennis Center at Sand Point, LLC at Warren G. Magnuson Park.
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WHEREAS, Ordinance 122754 authorized the Superintendent of Parks and Recreation (“Superintendent”) to execute, for and on behalf of The City of Seattle (“City”), a master Concession Agreement to allow Seattle Court Sports Unlimited (“Concessionaire,” now doing business as Tennis Center at Sand Point, LLC) to build, operate, and manage a tennis facility on a portion of Warren G. Magnuson Park (“Magnuson Park”) for the use and benefit of the public; and
WHEREAS, the City and Concessionaire entered into an amended and restated concession agreement (“Concession Agreement”) with a 20-year term, pursuant to Ordinance 123331, on August 2, 2010; and
WHEREAS, Concessionaire invested $6.2 million to build the facility, which opened for business in September 2013; and
WHEREAS, the City and Concessionaire have established a mutually beneficial and positive working relationship since the commencement of the Concession Agreement; and
WHEREAS, Concessionaire has participated in and continues to support the City’s Race and Social Justice Initiative by providing public benefits to underrepresented communities, the general public, seniors, and children in the City; and
WHEREAS, the City and Concessionaire desire to clarify expectations and definitions of public benefits to be provided to the public by Concessionaire in the Concession Agreement; and
WHEREAS, the Concession Agreement stated that Concessionaire would demolish the building commonly known as Magnuson Park Building 41 (“Building 41”), the former Naval gas station, and build a new structure to house a pro shop and welcome center; and
WHEREAS, after commencement of the Concession Agreement, the parties discovered that the condition of Building 41 would make demolition or renovation cost-prohibitive for Concessionaire; and
WHEREAS, the public and Magnuson Park community stakeholder groups have expressed interest in renovating and activating Building 41 to be utilized for parks and public access purposes; and
WHEREAS, the City and Concessionaire mutually desire to remove Building 41 from the description in Section 1.1, Premises, of the Concession Agreement, in exchange for an additional five-year extension option to the Concession Agreement term, therefore allowing opportunities for additional stakeholder groups to renovate and activate Building 41 for parks and public access purposes; and
WHEREAS, the City is satisfied that the removal of Building 41 from the Concession Agreement, and the provision of these additional facilities at Magnuson Park, is in the City’s, Concessionaire’s, and the public’s best interest; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. The Superintendent of Parks and Recreation is authorized to execute, for and on behalf of The City of Seattle, a Concession Agreement Amendment in substantially the form of Attachment 1 to this ordinance.
Section 2. To the extent that Ordinance 118477 is applicable to the amended Concession Agreement, the requirements of Initiative 42 (attached to this ordinance as Attachment 3) are superseded.
Section 3. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within 10 days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ________ day of _________________________, 2020, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2020.
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President ____________ of the City Council
Approved by me this ________ day of _________________________, 2020.
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Jenny A. Durkan, Mayor
Filed by me this ________ day of _________________________, 2020.
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Monica Martinez Simmons, City Clerk
(Seal)
Attachments:
Attachment 1 - Amendment to Concession Agreement Between The City of Seattle and Tennis Center at Sand Point, LLC
Attachment 2 - Amended and Restated Concession Agreement Between The City of Seattle Department of Parks and Recreation and Seattle Court Sports Unlimited, Inc.
Attachment 3 - Ordinance 118477