Record No: CB 117769    Version: 1 Council Bill No: CB 117769
Type: Council Bill (CB) Status: Retired
Current Controlling Legislative Body City Clerk
On agenda:
Ordinance No:
Title: AN ORDINANCE relating to the Seattle Center Department; authorizing execution of an agreement with Horton Street, LLC to operate and manage KeyArena and utilize it for the playing of professional basketball games.
Sponsors: Jean Godden
Attachments: 1. Att 1 - Arena Use Agreement, 2. Att 1 Exh A - Depiction of Authorized Arena Use Areas, 3. Att 1 Exh B - Other Agreements, 4. Att 1 Exh C - City's Capital Maintenance and Repairs, 5. Att 1 Exh D - Depiction of City-Managed Portion of West Court Building, 6. Att 1 Exh E - Insurance Requirements
Supporting documents: 1. Summary and Fiscal Note
Related files: Res 31658
CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to the Seattle Center Department; authorizing execution of an agreement with Horton Street, LLC to operate and manage KeyArena and utilize it for the playing of professional basketball games.
body
 
WHEREAS, the City of Seattle owns KeyArena, a multi-purpose sports and entertainment facility located at Seattle Center; and
 
WHEREAS, Horton Street, LLC ("ArenaCo") is awaiting NBA approval of its request to acquire a National Basketball Association team franchise ("NBA Team") and to relocate the NBA Team to Seattle commencing with the 2013-14 season; and
 
WHEREAS, anticipating the NBA's approval of the relocation request, ArenaCo and the City wish to establish terms and conditions for the interim use of KeyArena for home games for the NBA Team; and
 
WHEREAS, ArenaCo intends to expend substantial sums for capital improvements to KeyArena so that it will comply with NBA requirements and provide a first-rate patron experience and has agreed that certain capital improvements costing at least $3 Million Dollars will remain at KeyArena at the conclusion of the agreement; and
 
WHEREAS, the Director of the Seattle Center has the general authority to enter into construction agreements for capital improvements of the sort contemplated in the Arena Use Agreement and to enter into other short-term agreements to provide for an orderly transition of KeyArena operations to ArenaCo; and
 
WHEREAS, the Parties to the Arena Use Agreement have not finalized the specific improvements that will be covered in the KeyArena construction agreement; and
 
WHEREAS, City employees will continue to perform the functions that have historically been performed by City employees at KeyArena; and
 
WHEREAS, the agreement between the City and ArenaCo will continue the exceptional venue and patron experience at KeyArena for sports, entertainment and NBA events and, potentially, National Hockey League (NHL) events; NOW, THEREFORE,
 
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1.  The Seattle Center Director is authorized to execute, deliver and perform, for and on behalf of The City of Seattle, an Arena Use Agreement ("Agreement") between the City and Horton Street, LLC, for the use and management of KeyArena, contingent on NBA approval of ArenaCo's request to acquire and relocate an NBA Team to Seattle commencing with the 2013-14 NBA season, and further contingent on the City and ArenaCo executing a construction agreement (the "Construction Agreement" referenced in the Attachment 1) to allow ArenaCo to construct necessary improvements. The Agreement shall be substantially in the form attached to this ordinance as Attachment 1.  
Section 2.  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 ten 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 ________________________, 2013, and signed by me in open session in authentication of its passage this
_____ day of ___________________, 2013.
 
                                    _________________________________
                                    President __________of the City Council
 
      Approved by me this ____ day of _____________________, 2013.
 
                                    _________________________________
                                    Michael McGinn, Mayor
 
 
      Filed by me this ____ day of __________________________, 2013.
 
                                    ____________________________________
                  Monica Martinez Simmons, City Clerk
(Seal)
 
Attachment 1: ARENA USE AGREEMENT
            Exhibit A: Depiction of Authorized Arena Use Areas
            Exhibit B: Other Agreements
            Exhibit C: City's Capital Maintenance and Repairs
            Exhibit D: Depiction of City-Managed Portion of the West Court Building
            Exhibit E: Insurance Requirements