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078-23 - Resolution - Contract with Kitsap Regional Library for the Events CenterDocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 RESOLUTION NO. 078-23 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A FINANCING AND PROJECT PARTNERSHIP AGREEMENT WITH KITSAP REGIONAL LIBRARY FOR THE SOUTH KITSAP COMMUNITY EVENTS CENTER. WHEREAS, since 2018, the City, the Kitsap County Public Facilities District, and the Kitsap Regional Library ("KRL" have worked collaboratively to develop, design and finance the construction of the South Kitsap Community Event Center ("CEC"), a special events center to provide a new and expanded space for library services, as well as new community event and meeting space to serve the public in downtown Port Orchard; and WHEREAS, the City and KRL have worked collaboratively to design the exterior and interior of the CEC to ensure its dual function as a library and a public events space, and have negotiated a long-term financing and project partnership agreement to reflect the partners' commitments and roles for construction, and use of the CEC (the "Agreement"); and WHEREAS, the CEC will provide a central gathering place and multi -purpose facility in downtown Port Orchard that will support a multitude of functions for local and regional use; and WHEREAS, the CEC will house the library branch, to provide expanded space for library services, and new community event and meeting space to serve the public; and WHEREAS, the City Council finds that execution of the Agreement will provide for the development, construction, and operation of the CEC and is in the best interests of the City and its residents; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute a Financing and Project Partnership Agreement with Kitsap Regional Library for the South Kitsap Community Events Center, and to take all actions consistent with this authorization and necessary to effectuate its intent. A copy of the Agreement is attached hereto as Exhibit A and shall be executed in a form acceptable to the City Attorney. DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 Resolution No. 078-23 Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 251" day of July 2023. ATTEST: DocuSigned by: Brandy Wallace, MMC, City Clerk DocuSigned by: Ieab P4a&A SWA, Robert Putaansuu, Mayor �0RT Op& �•,,,� :-SEAL'= ,T .• �. DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F FINANCING AND PROJECT PARTNERSHIP AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND THE KITSAP REGIONAL LIBRARY FOR THE SOUTH KITSAP COMMUNITY EVENT CENTER Contract No. 061-23 THIS AGREEMENT for the financing and use of the South Kitsap Community Event Center, in Port Orchard, Washington ("Agreement"), is made and entered into upon mutual execution by and between the City of Port Orchard ("City") and the Kitsap Regional Library ("KRL"), a Kitsap County Rural Library District. The City and KRL shall be referred to as the Parties and each as a Party. RECITALS WHEREAS, the City owns real property and a building located at 87 Sidney Avenue that is leased to KRL for the operation of a library branch to provide library services to residents (Contract No. 048-14); and WHEREAS, since 2018, the City, the Kitsap County Public Facilities District and KRL have worked collaboratively to develop, design and finance the construction of the Port Orchard Community Event Center ("CEC), a special events center to be constructed on Kitsap County Tax Parcel No. 4650-011-001-0001, located at 619 Bay Street, Port Orchard, Washington 98366 (the "Property"); and WHEREAS, the CEC will provide a central gathering place and multi -purpose facility in downtown Port Orchard that will support a multitude of functions for local and regional use; and WHEREAS, the CEC will house the library branch, to provide expanded space for library services, and new community event and meeting space to serve the public; and WHEREAS, the Parties recognize the benefits the parties can receive from working collaboratively to develop, fund and construct the CEC for the residents of Port Orchard and South Kitsap County; and WHEREAS, the Kitsap County Public Facilities District has committed to providing $18,500,000 from existing sales and use tax authority pursuant to RCW 82.14.390 in funding for the CEC as a project to create tourism and economic growth for the area; and WHEREAS, since 2018, the City and KRL have worked collaboratively to design the exterior and interior of the CEC to ensure its dual function as a library and a public events space, as well as to secure resources for the necessary funding for this project; and WHEREAS, this Agreement is intended to memorialize the Parties commitments to funding the development, construction and operation of the CEC; Page 1 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F NOW, THEREFORE, the City and KRL enter into this Agreement that outlines the responsibilities and commitments of each party in the development, construction, operation and financing of the CEC. AGREEMENT I. PURPOSE The CEC will be developed as a multipurpose special events facility of approximately 26,000 square feet, including over 6,000 square feet of space committed to KRL for operation of the library branch and approximately 8,000 square feet of shared event and meeting space that can be utilized by the Parties. This Agreement provides for the parties' commitments to financing the development, construction and operation of the CEC. Because KRL will relocate its existing library branch into the CEC upon completion of construction and operate its library branch in the CEC moving forward, this Agreement also addresses the terms of occupation of a portion of the CEC by KRL, provided the Parties intend to execute a long-term lease agreement that incorporates the relevant terms from this Agreement. II. TERM The term of this Agreement shall be for forty (40) years, commencing on the date that this Agreement is fully executed by the Parties (the "Commencement Date"), unless otherwise terminated as set forth herein or extended by written agreement of the Parties; provided, at such time as the Parties enter into a long-term lease agreement for the CEC, this Agreement shall be incorporated into that Lease agreement. III. DEVELOPMENT AND DESIGN OF CEC A. The Parties agree to develop and provide for the joint provision and operation of the CEC in accordance with this Agreement as a multipurpose, tourism -related facility, providing public meeting and event space and a new regional library. 1. The City shall be the agency with primary responsibility for the development of the CEC, and shall acquire, design, construct, own, operate and maintain the CEC, and otherwise administer its development and operation, subject to the provisions set forth herein. 2. The City is and will remain the owner of the Property and has acquired all real property and real property interest necessary to serve as a site for the CEC. 3. The City maintains all necessary lease agreements, including but not limited to Department of Natural Resources Aquatic Lease Agreement(s), for the use and occupancy of the Property as well as all real property necessary to serve as the Page 2 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F site for the CEC, on such terms and conditions as may be agreed upon by the City and the applicable lessor(s). 4. Prior to construction, the City will provide KRL a proposed capital expenditure budget plan for the Project. B. Pursuant to an Agreement with the City, firm Rice Fergus Miller, Inc. ("RFM") shall design the CEC according to the direction of the City, and with input from KRL to the City. The Parties agree that the Port Orchard Community Events Center Designs attached to this Agreement as Exhibits 1.1-1.3 have been approved by the City after input from KRL; provided, that KRL must approve in writing any subsequent alterations to the design of the portion of the CEC that KRL will occupy ("Library Space"), and KRL will have the reasonable opportunity to provide input to the City on any other proposed subsequent alterations. The Parties agree that the "Library Space" is the rooms identified in the Room Schedule attached to this Agreement as Exhibit 2 highlighted in purple as "Library is Primary Operator." References to the "Library Space" by room numbers on Exhibit 2 do not limit KRL's additional allowed use of shared spaces and spaces KRL can access as identified on Exhibit 2. C. KRL shall have exclusive control of the design of any and all tenant improvements within the Library Space but the design shall be performed by RFM under its contract with the City, with payment for that design provided by KRL to the City (as set out in a separate agreement between the parties). The tenant improvement design of the Library Space is included in the RFM design approved by the City and KRL, attached as Exhibits 1.1-1.3. IV. CONSTRUCTION A. The City shall be responsible for contracting for and managing the construction of the CEC; provided, KRL may participate in the procurement process for the general contractor and for construction administration/construction management services. Beginning with groundbreaking on construction, the City will provide KRL with monthly, quarterly, and annual project reports regarding construction; provided, KRL may have a representative present to review construction progress at any time during the project. Change Orders. KRL will be consulted on all change orders, and the City will provide access to all information relating to the Project and/or the Property as the Library may request. If a contemplated change order will impact the Library Space or will cause an increase in KRL's Capital Contribution, the City will notify KRL those change orders in advance of them being issued to the general contractor. Responsibility for payment of change orders shall be as follows: i. Change orders that only involve tenant improvement work inside the Library Space: KRL shall be responsible to pay in full. ii. Change orders that only involve work outside the Library Space and/or work to the shell or infrastructure of the building: City shall be responsible to pay in full, unless otherwise agreed Page 3 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F upon by the parties at the time of the change order, provided work KRL requested for its sole benefit shall be the responsibility of KRL. iii. Change orders that involve tenant improvement work inside the Library Space and work outside the Library Space and/or work to the shell or infrastructure of the building: KRL shall be responsible to pay costs for tenant improvement work inside the Library Space and the City shall be responsible to pay the balance of the change order unless (a) otherwise agreed upon by the parties at the time of the change order, in which case the responsibility for payment will be by agreement of the parties; or (b) KRL requested a portion of the change for its sole benefit, in which case payment for that portion shall be the responsibility of KRL. B. Anticipated Timeline. The Parties acknowledge that the following dates are target dates for action and failure to meet the dates set forth herein will have no effect on the provisions of this Agreement, provided deadlines pertaining to financing shall not be altered except for by advance written agreement of the Parties. Milestone Anticipated Completion Date Final Design (approval by City Council) June 2023 Permitting 2023-2025 Solicitation of Bids for Construction 2026 Construction 2026-2027 Tenant Improvements 2027 Occupation Issued 2028 V. CAPITAL CONTRIBUTIONS A. Subject to the terms set forth herein and in conjunction with the Kitsap County Public Facilities District, the City and KRL agree to jointly fund the construction of the CEC (for purposes of this section, "Project") as follows: 1. The Public Facilities District has committed to fund 66% of the total project cost estimated at $28,100,000 which will provide an estimated $18,500,000 for the Capital Contribution for the Project. Jasri er 2. KRL shall provide an estimated Initial Capital Contribution of4,800,000 (representing half of the 34% not funded by the Public Facilities District). 3. The City shall provide an estimated Initial Capital Contribution of $4,800,000 (representing half of the 34% not funded by the Public Facilities District. Page 4 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F 4. In addition to the above Initial Capital Contributions, the City and KRL will each contribute Final Capital Contributions in the amounts equal to the change order costs for which they are responsible under this Agreement, subject to the limitation on KRL's Capital Contribution below. The City's Final Capital Contribution shall include other costs for the Project that are not covered by KRL's Capital Contribution. 5. KRL's Initial and Final Capital Contribution shall together be "KRL's Capital Contribution," and shall not exceed $5,500,000 without KRL's written consent. 6. The City shall own the property on which the Community Event Center is constructed, and the above Capital Contributions shall not include the value of that underlying property which will be contributed wholly by the City. 7. The Capital Contributions shall be in the form of a cash capital contribution to the Project and will be funded in full on the timeline set out herein. 8. The Capital Contributions shall be utilized for the costs of development, construction, materials, public bidding and contracting costs, permitting, consultant and attorneys' fees for the Project development; provided, the Parties will each cover their own transaction expenses and those of its attorneys, agents and advisors for the costs of negotiating, drafting and executing this Agreement and any future Lease Agreement. VI. OPERATION AND USE A. After the CEC is constructed, the Parties shall prepare and execute a lease agreement incorporating the terms of this Agreement. The Parties agree that KRL shall occupy and lease from the City a portion of the CEC reflected in the Room Schedule in Exhibit 2. The Parties agree that the lease shall provide the following terms and shall be substantially similar to the lease agreement between the City and KRL for use of the 87 Sidney Avenue, Port Orchard Library Facility, attached as Exhibit 3 and including the following terms: 1. City agrees to lease the Library Space to KRL as a reflection of KRL's Capital Contribution to the Project for a period of forty (40) years, at a lease rate of $1 per year, and shall renew the lease at the expiration of that term upon terms negotiated at that time. The lease shall allow KRL primary access to conference and office spaces located on Floor 1 without interference by the City, and access to conference rooms located on Floor 2 provided the City may schedule use of these rooms in accordance with City policy that shall be developed with input by KRL. 2. City agrees to provide utility services for the CEC at its own expense, including but not limited to heating, air conditioning, electricity, potable water, sewer, solid waste, and shall further provide all services for structural maintenance of the CEC, including but not limited to building maintenance and capital facility needs. KRL agrees to provide janitorial/custodial service and supplies for the CEC, provided if Page 5 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F shared spaces are rented for a private event, the City shall be responsible for janitorial/custodial service and supplies for all rooms used for that event.. The Parties agree that minor maintenance requests, including repair of damage caused by KRL patrons, shall first be evaluated by KRL staff, and where feasible resolved by KRL. Non -minor building repair requests, as decided by the reasonable determination of KRL staff, shall be submitted to the City Public Work's Director or their designee by KRL staff for resolution by the City. Scope of repairs shall be at the sole determination of the City. 3. The City shall maintain the exterior of the CEC, including landscaping and parking facilities. The City shall provide a dedicated parking space adjacent to KRL's book drop with signage restricting use of the space at all times for the book drop, and will restrict use of at least two spaces adjacent to the book drop for KRL staff during business hours. 4. KRL agrees to provide library services in its leased premises, including but not limited to books and materials, programming, staffing, technology, and telephone and data connection costs. KRL will notify the City in advance of any changes in operational hours. 5. All furnishings, including without limitation the library collection, removable fixtures, and equipment (collectively the "KRL Furnishings") are or will become property of KRL. Permanently mounted fixtures shall remain part of the building and therefore owned by the City; provided, if City decides to sell the CEC, KRL in exercising its option to purchase the CEC, will become owner of the permanently mounted fixtures. 6. KRL Capital Improvement requests shall be submitted no later than August 31 of each year for inclusion in the City's preliminary budget process. Changes to the structure of the premises leased by KRL shall be negotiated and done in partnership so as not to impede or disrupt library service to the public as much as is reasonably practicable. 7. KRL shall have the right, at its expense, to install, construct, reconstruct, and maintain improvements in the Library Space, and shall bear responsibility for their continued operation, maintenance, and repair. 8. The parties covenant not to use the Library Space or any area impacting the Library Space in any way that is inconsistent with the provision of library services during the term of the lease, absent express written approval of the parties. B. Sale of the CEC and Purchase Option. Should the City elect to sell the CEC, KRL shall have the first option to purchase the CEC for the fair market value of the CEC, less KRL's Capital Contribution to the CEC. KRL shall have six (6) months to decide whether to exercise this option, from the date the parties agree on the fair market value. If Page 6 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F the parties are unable to agree on the fair market value, each shall retain its own appraiser and the parties shall engage in binding arbitration to determine the fair market value. This Section shall survive termination of the Agreement. Any sale of the CEC will be subject to this Agreement and the parties' lease. VII. INDEMNIFICATION To the extent permitted by law, the City agrees to indemnify and hold harmless KRL from and against all claims of whatever nature arising from any act, omission, or negligence of the City, or of the City's contractors, licensees, agents, servants, or employees under this Agreement. This indemnity and hold harmless agreement will include indemnity against all reasonable costs, expenses, and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. Notwithstanding the foregoing, the City will have no liability to KRL with respect to any claims or portions thereof of whatever nature arising from any act, omission, or negligence of KRL, or of KRL's contractors, licensees, agents, servants, or employees. To the extent permitted by law, KRL agrees to indemnify and hold harmless the City from and against all claims of whatever nature arising from any act, omission, or negligence of KRL, or of KRL's contractors, licensees, agents, servants, or employees under this Agreement. This indemnity and hold harmless agreement will include indemnity against all reasonable costs, expenses, and liabilities incurred in or in connection with any such claim or proceeding brought thereon, and the defense thereof. Notwithstanding the foregoing, KRL will have no liability to the City with respect to any claims or portions thereof of whatever nature arising from any act, omission, or negligence of the City, or of the City's contractors, licensees, agents, servants, or employees. If and to the extent this agreement is subject to RCW 4.24.115, the parties agree that the indemnifying party will not be obligated to indemnify the indemnified party for the indemnified party's sole negligence, and in the case of concurrent negligence, the indemnifying party is only obligated to indemnify the indemnified party to the extent of the indemnifying party's own negligence. Further, each party specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW, for claims against the party by the other party under this Section. The waiver does not include, or extend to, any claims by a party's own employees directly against the party. THE CITY AND KRL ACKNOWLEDGE THAT THIS WAIVER WAS SPECIFICALLY ENTERED INTO PURSUANT TO THE PROVISIONS OF RCW 4.24.115 AND WAS THE SUBJECT OF MUTUAL NEGOTIATION. This Section shall survive termination of the Agreement. Vill. INSURANCE The City shall maintain at all times, at its sole expense and in such amounts as it shall determine to be adequate, fire and extended coverage insurance for the CEC. KRL shall maintain at all times, Page 7 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F at its sole expense and in such amounts as it shall determine to be adequate, fire and extended coverage insurance for the furnishings of the Library Space. City and KRL shall each maintain at their sole expense, a policy or policies of comprehensive general liability insurance against loss suffered or alleged to be suffered by any person or persons or to any property, on or about the CEC or resulting thereof by the respective parties in accordance with this Agreement, such insurance to afford protection in the amounts of not less than $1 million single limit/$1 million aggregate. City and KRL each shall be listed as an additional insured on the other's policy or policies providing such comprehensive liability coverage, and each shall obtain the agreement of its insurer to provide notice to the other o any expiration or cancellation of coverage at least 10 days prior to such expiration or cancellation. IX. FORCE MAJEURE Neither the City nor KRL shall be responsible for any delay in or failure of performance resulting from events outside the Parties' reasonable control, including but not limited to riot, war, civil unrest, natural disaster, or other circumstances not reasonably within its control. X. CONFLICT RESOLUTION If either party believes that the other party is not fulfilling the obligations established by this Agreement, that party shall give written notice of its complaint to the other party if and when informal communications, such as telephone conversations, fail to satisfy the claiming party. The written notice shall identify the act or omission at issue and the specific term(s) of this Agreement that the complaining party alleges has been violated. The responding party's designated representative shall respond to the notice in writing within ten (10) working days. The response shall state that party's position as well as what, if any, corrective action the responding party agrees to take. The complaining party shall reply in writing, indicating either satisfaction or dissatisfaction with the response. If satisfied, any corrective action shall be taken within ten (10) days of receipt of the responding party's written reply unless otherwise mutually agreed. If dissatisfied, the complaining party shall call a meeting between the Mayor of the City of Port Orchard or his/her designee and the KRL Board President or his/her designee to resolve the matter. The Mayor and Board President may agree to submit the dispute to a Washington State mediator, which may include a professional mediation service, to mediate the matter in accordance with their mediation rules. Otherwise, the matter shall be considered closed. All the steps preceding shall be a prerequisite to either party suing under this Agreement for breach, specific performance, or any other relief related to this Agreement, except that either party may seek an injunction for irreparable harm. XI. DEFAULT; TERMINATION Either party has the right to terminate this Agreement in the event the other party is in default of any material term or condition of this Agreement by providing ninety (90) days' advance written notice specifying the basis for such determination and providing the other party with an opportunity to cure the default. If the other party thereafter fails to commence reasonable steps Page 8 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F within to correct fully and to remedy the default within ninety (90) days from the date of the notice, then this Agreement shall be deemed terminated; provided that, if the nature of the default is such that it cannot be remedied within ninety (90) days, then the Agreement shall not terminate so long as the party in default is proceeding promptly to remedy the default and does so within such additional period as may be agreed by the parties. In case of termination for default by either party of the duties and obligations under the terms of this Agreement, KRL shall release all right to use the CEC and all improvements to the City. In the event the City is in default or demands early termination for any reason, it shall have the obligation to pay KRL one hundred (100) percent of the depreciated cost of the KRL related tenant improvements. For calculating depreciation, the useful life of the tenant improvements is [40 years]; the calculation will be made using the straight-line method. XII. ASSIGNMENT Neither party will assign its rights or responsibilities under this Agreement without written authorization of the other party; provided, that the City may delegate day-to-day construction management to the general contractor the City hires to construct the CEC. XIII. SEVERABILITY If any term or clause of this Agreement is held invalid or unenforceable, the remainder of the Agreement will not be affected, but shall continue in full force. XIV. NOTICE Each notice or other communication which may be or is required to be given under this Agreement, shall be in writing and shall be deemed to have been properly given when delivered personally during normal working hours to the party to whom such communication is directed, or three (3) days after being sent by regular mail, to the appropriate one of the following addresses as may be designated by the appropriate party: IF TO THE CITY OF PORT ORCHARD: Mayor City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Telephone No: (360) 876-4407 Fax No: (360) 895-9029 Email: rputaansuu@portorchardwa.gov Page 9 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-6962-4A49-ADBD-4A85EAAA877F IF TO KRL: Director Kitsap Library District 1301 Sylvan Way Bremerton, WA 98310 Telephone No: (360) 405-9132 Email: idriver@krl.org XV. NON -WAIVER Failure of either party to insist upon the strict performance of any term of this Agreement will not constitute a waiver or relinquishment of any party's right to thereafter enforce such term. XVI. INTEGRATION This writing contains all terms of the Parties' agreement on this subject matter and replaces all prior negotiations and agreements. Modifications to this Agreement must be made in a writing signed by each Party's representative. This Agreement may be executed in two or more counterparts and by email exchange of PDF copies, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. XVII. JURISDICTION, VENUE, AND GOVERNING LAW The Parties hereto, their successors and assigns, hereby consent to the jurisdiction and venue of the Kitsap County Superior Court, State of Washington, for the determination of any dispute that may arise pursuant to the terms of this Agreement. All the rights and remedies of the respective parties shall be governed by the provisions of this instrument and by the laws of the State of Washington as such laws relate to the respective rights and duties of the City and KRL. . XVIII. AUTHORITY The Parties each represent and warrant that they and/or their undersigned agents have full power and authority to enter into and execute this Agreement, and that the execution, delivery, and performance by the Parties of this Agreement and the related documents is not in conflict with any law, rule, regulation, writ, judgment, injunction, decree or award, or with the provisions of any agreement to which the Parties or any of them may be bound, including without limitation, their articles of incorporation or bylaws. Page 10 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F XIX. BINDING AGREEMENT This Agreement shall be binding upon and inure to the benefit of the successors, assigns, trustees, receivers, personal representatives, legatees, and devisees of the Parties. Except as set forth herein, no person, organization, or association other than the City and KRL shall have any rights or claims under this Agreement. XX. ENTIRE AGREEMENT This Agreement embodies the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings related to the subject matter hereof. XXI. COUNSEL'S ADVICE The Parties represent that they have reviewed the terms of this Agreement with their attorney, that they are authorized to enter into this Agreement, and the Agreement is executed freely and voluntarily as of the date hereof. XXII. ATTORNEY FEES TO PREVAILING PARTY In the event of any litigation in connection with this Agreement, the prevailing Party shall be entitled to recover its attorney fees and other costs and expenses, including attorney fees in both trial and appellate courts and in any bankruptcy proceeding. XXIII. COUNTERPART SIGNATURES This Agreement may be executed in several counterparts, which when taken together shall constitute one original Agreement. A facsimile signature shall be deemed an original signature for all purposes. IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date first above written. CITY OF PORT ORCHARD I]vcuSfgnnd by: By: Robert Putaansuu, Mayor 8,/15/2023 Dated: KITSAP COUNTY LIBRARY DISTRICT LIM Jason Driver, Library Director Dated: 8-14-2023 Page 11 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F LIST OF EXHIBITS Exhibit 1: CEC Designs Exhibit 2: Room Schedule Exhibit 3: Lease Agreement for 87 Sidney Avenue Page 12 of 12 DocuSign Envelope ID: 23823266-546D-425A-8F41-4BO72D4CFA06 PORT ORCHARD COMM. EVENTS CENTER CITY OF PORT ORCHARD DESIGN DEVELOPMENT. Rakpamillm PROJECT INFORMATION BREME—, WA 90J37 woanam -T T. 11111141—. IN—T VICINITY MAP ffl 0 < Cef LU 0 0 F (n w 0 0 a- 0 :> w L.L 0 LU 0 < I CL 0 PROJECT DESIGN TEAM =211, —T-3 t.. N I T COVE.R SHEFr- F�-,T� O AO.01 DocuSign Envelope ID: 23823266-546D-425A-8F41-4BO72D4CFA06 9! w� a� i F� T ABBREVIATIONS III El I 1 � c-snm°os °a h. °A °� v wao AwrNw, [w wit uv AoA'til R0N c[A c°sw °Pre , . ,,, , h°1. 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EVENTS CENTER CITY OF PORT ORCHARD Igf 619 BAY STREET, PORT ORCHARD, WA 98366 p m _ s 0 —y W DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 nn+[+nl� eprr[o 'rxrn� r ur.0 n 1 I I r;r s ;m T im CD I I I I I Imo_ _ IT z I I I. i Lam_ r� �I rl� yl 1 it I I L 1� F 1 I 1 I +1 I G CD iN g rV I1 I I I � I C I I 1 I i PORT ORCHARD COMM. EVENTS CENTER CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 98366 g fi ILK � I „I O c oiv9-_ elwbll •5A n ex zA T AI 6gggC •� r c D m Z DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATE/ WE FRINMD -T— — M m 2 > PAS ti g PORT ORCHARD COMM. EVENTS CENTER CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 96366 i DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATUTIMEMNED S )a441MPM 71 ji O 75 of Ti T1 -1 I qu P 9 f 1L. k- 2, gqln q X -1- J tg i�l - ---- - sm Nil i a W, 0 VARIaa�FM ON, .... . H. m -Ui.P AIM ViHWHR m Naggl' tj un�-p! 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WATER CLOSET SIDE WALL r _ �wp•reA¢a1�� clrcvnrxmEEc IXCE�rrloxuxlpwr� — ��ae'P'TM� �RESTROOM CLEARANCES CLEARANCES U C m c � m Q < O ce = 0 ZofQ 2 W O F O 2 N 0 O �z Q_ Ow LL- LV U d m U ^9m�.F�ia A^JIIL YBNXGfl.E;Oa.klR �suE inl= S[VIf�PT�.� Aga5stm .. _........... GIJ1�6l,�N.�S-E.IJAI�IG E�Fh1�,NTS A04.01 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 W&TIMEMNMD 'YllYNQ441 WPM rr I F- 1 ,' ;•Rp I P m g` r � z 0 5 m 5 J PORT ORCHARD %Q EVENTS CENTER��, CITY OF PORT ORCHARDS ►n$ 619 BAY STREET, PORT ORCHARD, WA 98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATUWEPHIHi D 4�R2U12441XPIA ...�.b,.w:..,.r.�,T.n.�. �.. r � — — Ti— Z I ;�•I $ �I RI s 71 Al � I �; �xr �iEl � �•�� 'I , I 1 ;KI I Trr a iq — I•T�e�€ 1 I I II I I I I I I I I i ------ 41I I —I j III I',° ji l -- — q , 1 LgI 6 — - — - —III •;l�l l -l�• -I�I � — � - — -�al '_ � i � - ��_ III I, i" ------ •::� -yr--�---�----- ---FIB----- - x h 8 I. 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EVENTS CENTER CITY OF PORT ORCHARD w 619 BAY STREET, PORT ORCHARD, WA 98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DAT/TIMEPRINTEI: :OWN 44116PM lu • -.�fu 1m'fls1w 5 m y� x i rd V � I n I H xm rr;�;ig , I3 �Jl�ll�i ��IIIIIIII' u a 1 4111 'Iv ;d� P a�, -I n I ICI..: 88 $ m u r i< I n•I I I�� I+ i �-I hit I C" � rJJ I 9t it I li i I? g Rol � I I I r: -ilT rli r� 1III[= Y - 7 t_ -f I II i 1 I i I I ti 7' IDVI: PORT ORCHARD COMM. W EVENTS CENTER '•. CITY OF PORT ORCHARD :9T 619 BAY STREET, PORT ORCHARD, WA 98366 x s a€ O " m U) 8g 4 ' m m H Z � Z cn DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DAT-WEPRINTED A'JY2P1244118PM It n =� PORT ORCHARD COMM. EVENTS CENTER m = CITY OF PORT ORCHARD — l _ 619 BAY STREET, PORT ORCHARD, WA 98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATUTWEPRNTED VJOVM44121PM i� � 11imm. Bill I limplowmam I III III affill lip 4 11� -- til > ----------- PORT ORCHARD COMM. EVENTS CENTER CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATNTIIAEPRINTED N36, 2AEIYBPIA AwfrvnalndMae.ear.etiwlw.IkQ1W ercfe •.n w r ------0 99 + 'S 1 I I '1 � ��a �• SI I IpI a 1'I •' , rn € m PORT ORCHARD COMM. ❑ .A m EVENTS CENTER CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 98366 �,- DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 OATH TIME PLANTED 9'i6E 44129 PM p.e u.ra....e��u[n+Mc�rix I1 III 8 1 1 1! H I, I I � III ICI I..f.l� I j1 jl --- Tl'-I,-- 7 Q ;I� I C I ft III - I � N� I P.•.i :,. — i I; I I a it I I 1 I I I -- � I' -_�--! �i II 4 IN r��ir �i•r ��r� �r.r � n•'r PORT ORCHARD COMM. a,Q EVENTS CENTER CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 98366 -'k F� Z o m c� m C m s9. m Z q�f O o•; �E� T FED= a �F k� DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATUTIMEPHINMD 9'.MV2UQ4417 PM II I I I 1 1 11 11 I. III ! I II II fl I 1 II III 1 I I f II II Tr I i' --� m II� a: I' IxI � I 1 1 I I I l 1 I I 1i 1 1 1 I 1 I I { I II II _ li 11 f I I I� I� � _iii III ___ -------- 4(D --------G 0 ------- 0. _-G . —; J..I, - .—.. .- ..-...i _ --= ---, - — --" - ---�` I I l�l I I I, 1 1 II 1 1 1 I -- I I i I- 77 � N m a PORT ORCHARD COMM. EVENTS CENTER gym;_ CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 913366 z I p m cn cn Q. m s5 m _u rn =':e z o N 2"� S� DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATE) TIME PRINTED 934=4413DPM r Ni PORT ORCHARD COMM. EVENTS CENTER �Vt CITY OF PORT ORCHARD � 619 BAY STREET, PORT ORCHARD, WA 98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 r —- TOILET AGCESMRY 5 HEDULE ..+P.: eeT NAiiclai6'i:i �� — L��„awarma Tm"um �Ii5Ki...wricF ��oi5 ion-f' cwRS I i PHONE BOOTHS 4 M' 0 0 u �1 x[�ergr��et NOTES & LEGEND - FLOOR PLAN~- 225RP HSTREEf SUNS 100 BREMERTON M9 7 —nam R-CH COM �paumsw.c o�= oz0LLI 2 y 0 U o U a IL � �> U Q. LLL w O a- U �vsr.— _uxac2 DE NDWEL.P.E 6EDPLFTE LEP+Ey6EF'%'.Wil 11w11br.tlYPY FJ�LARGED FLOQR PLANS l 2 RESTROOMS L1 RESTROOMS &JANITOR Lt ALL GENDER RESTROOMS _ _ 8�j :F �.v — A2fi.01 DocuSign Envelope ID: 23823266-546D-425A-8F41-4BO72D4CFA06 NOTES & LEGEND - EXTERIOR ELEVATION ~~' 275 FIFTH STREET SUM 100 zcw.mcx[w[5[rrt;naxoFtrtwoR wrzwrzsumnuunw wr e[wlTa scu[ BREMERTON WAF=7 wwnarn EXTERIOR FINISH SCHEDULE P-CH.COM KEYNb T ES - tx i tRiOR ELEciA i IONS - -� o—�—m�.ow�.n - ❑ice ---- - -- _ as — W _ U < a I— _ Q' = cn o — --- �za O m rao. a U 3 EXTERIOR ELEVATION - EAST SLAT WALL /1 EXTERIOR ELEVATION - EAST U �• MID onosr, �m2 9-15 Q E ,1 -1E 9 - _f� C EXTERIOR ELEVATIONS [FORTH 9L EAST di d .. �' ;1 EXTERIOR ELEVATION -NORTH � -== • 9 L _ 1 _ A31.01 P-CH.COM KEYNb T ES - tx i tRiOR ELEciA i IONS - -� o—�—m�.ow�.n - ❑ice ---- - -- _ as — W _ U < a I— _ Q' = cn o — --- �za O m rao. a U 3 EXTERIOR ELEVATION - EAST SLAT WALL /1 EXTERIOR ELEVATION - EAST U �• MID onosr, �m2 9-15 Q E ,1 -1E 9 - _f� C EXTERIOR ELEVATIONS [FORTH 9L EAST di d .. �' ;1 EXTERIOR ELEVATION -NORTH � -== • 9 L _ 1 _ A31.01 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 EXTERIOR FINISH SCHEDULE R�E.a 77 --00 KEY NOTES - EXTERIOR ELEVATIONS 51 -- `' — - n NORTH INSET -WEST F NDRTHIIIET-KIDSPORTAL e..y �I 4 SOUTH INSET -WEST SOUTH INSET - EAST S SOUTH PARTIAL EXTERIOR ELEVATION -WEST U ��'ergr�sMur� NOTES & LEGEND - EXTERIOR ELEVATION }riF 7"SiRfET_SLM AD B56631 M RWMTON. WA5M7 z rau»c�ww[z[rrt"naxof nrtwonw•hmusuacn uonrs wraw�rosw[ RFMARCH COM -I-_ 1 EE I __ _ � � ��r17-O � - r�JF�i �'�-w�-=• ,� u ;7.J� _ _ _ � :'�F hw _ _ - . - --- , � ��-i,r� .�.�.r`-��,r Y _ r _ ..� w ..'L'F €'— .s ..--'. -io` - -_ i:=.a .1-:ra r L-.n. '. iw C) a 3 o = W U < 0 Z 0 O ♦Y W 0 � U H O a 'a- 0 Lu LL. w 1 WW a U w�-Q;fs —ramu OEtlGIF MEiROP.EIIf L50E cxT= 5.�N?au R+.f I EXTERIOR ELEVATIONS S_a T, A W S7 _ E Ad a 1 EXTE RIOR ELEVATI 0 N-SOUTH 5H�" A31.02 DocuSign Envelope ID: 23823266-546D-425A-8F41-4BO72D4CFA06 EXTERIOR FINISH SCHEDULE ""GilYmle9mtir I !.6TRe�Tw mx� rw �aii-sirw�w-uYr�'.yia.waaoN lc�. ktv NOTES -EXTERIOR ELEVATMNS /1 EAST - PENTHOUSE 2 J Im..w rMffigl0fiLLER NOTES & LEGEND - EXTERIOR ELEVATION ,,.FIFTH STREET. SUITE 100 GRE MTON, M 98MT .w».�,�wT�emnox�a,�.w.,�,u.xiowu�,zw.ff w.nxl� asoanam .—CH CO. i� is ---- -- '=�- ------ `--'4� ;1 WEST- PENTHOUSE 2 0 W = V H U O Z = U Liu of wz a 0> o �w } O r— a U 0 0 rxv 1 =4-2 NORTH - PENTHOUSE 1 n EAST - PENTHOUSE 1 u... �J w•w a�m+rE se�yazc e aw I� 14 EXTERIQR ELEVATIONS SOUTH PORTAL PFNTHQ.U&E A31.03 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATE] i11AE PRINTED 4'xYiuR4044PIA ..nadmluiRlNnMr�.a�ar.�lr.�4 rvVi _, - N h' Q O a= m - W A m � F1 rr`r Lr ArT-L-. PORT ORCHARD COMM. EVENTS CENTER CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 {IhIFj IfYF ffaI1FR. Yy�.yjdll l}f'✓A 'A�tiPrl�kwe'�• c.f6rM>nn6c•s6M I � I { kCJ] F N I PORT ORCHARD COMM..Q� I EVENTS CENTER CITY OF PORT ORCHARD x'T 619 BAY STREET, PORT ORCHARD, WA 98366 ?. DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 F TOILET ACCESSORY SCHEDULE _RG1sWl£ _ a�Y1511 6i - v ..'3 A�3 —.e,.. NOTES & LEGEND - INTERIOR ELEVATIONS I I. TYP ADA RR - LAV WALL ;1 TYP ADA RR - PLBG WALL TYP ADA RR - WC WALL f ;1 TYP ADA RR - OUOR WALL _ TYP I �K Q ADA STALL - E 9 ADA STALL - N 8 TYP STALL- E 7 TYPSTALL - N %1 ALL GENDER RESTROOMS - E (L1 & L2) r - I ALL GENDER RESTROOMS-S(L1) I -- /1 ALL GENDER RESTROOMS - W (L1 & L2) & ALL GENDER RE5'fR00MS- W2 (Li & L2} I I III w TMv �• ALL GENDER RESTROOMS - S (L2) ALL GENDER RESTROOMS - N (L1 & L2) ""5tdMIM E FIFTHSTREET,SLATE100 .EMERTON, WA 9E33] RFMRCHC RFMARCH COM �< Q O = 3 fL oZ0 �w xN C o U F O a w Z O W U_ ~ W O O a U DESIGN DEVELOPMENT -ME WTE L�._NpE x W. E FEE I —RI J3.ELUATLQU A34.01 DocuSign Envelope ID: 23823266-546D-425A-8F41-4BO72D4CFA06 a wPEa,uewu«s I n ADULT READING AREA- E Im ADULT READING AREA- N C a y 'YGiY y I K�M1� xv�v.m ee.n "� ^• n ADULT READING AREA - S. 1 C D. U � � I I., Kr" /1 FOL BOOK SALES (—,,% RECEPTION DESK STAFF SIDE- E 1 0�1tii ab. .� iu0. B RECEPTIONDESKSTAFFSIDE-N S RECEPTION DESK - SIDE F TL- Hs .�� RECEPTION DESK -FRONT VESTIBULE-W - q yyy ti�N•F, i I 1 u I 'I I' [ NOTES & LEGEND - INTERIOR ELEVATIONS 211 FIFTH STREET SOM 100 82EMERTON. W-337 Jfi0.3Tld1I3 CC a n[rzx[erf olar-sE[,EV Fav otT.�u. RFMARCH COM I o o = c�ujQ� < ozC)= xw xy (if o — z a O > p w � w O m ® 0- U zo aEvo DESIGN DEVELOPMENT ItSUE DATE SEPIEMBM 30302,! 0.4Y;�ibR M W,mo av MAIN STAIR AND FEATURE SCREEN i4 DOUBLE HEIGHT FEATURE WALL A34.02 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 T I f §e O O C Z m C�70' k rri e r I cn m cTi o 2 � m 4 0 ti A aP m I a•r m f 5 �n z 9 o 0 0 sp = l: tea€N I9. m -.. ;11=I o C�g3 cn � easy o m 5F E Q-- Z m m ma ash` O H N N r m a O z PORT ORCHARD COMM. EVENTS CENTER w v m m CITY OF PORT ORCHARDVV '- N 619 BAY STREET, PORT O ORCHARD, WA 98366 -. i DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 OATFJTIME PRINTED B-OW 44201 PM pmmelbwrurM..rM irwC.Nf�ro�.,r•• I �, rI IiI Iti A R� K m m •. LB �" m < m z aI m r. �Itgrt� G7 �1 m m e ' ml N m m I., 4. T' 0 �� { � m 4 lil Ek@. o cn rn m m z m 0 0 ?9ij I a r r i 1 � I z 1 � § p %j m @ z N m m { m fs - - 17 CETI � D C� D � i Q a Icl E. g PORT ORCHARD COMM. EVENTS CENTER I" a; o CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 96366 0 co $ r Q m : m f o fT o sz gad � B 2 0 z s cn n u DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 OATDTIMEPRINTED 4'3WM442m PM r - I �1 a � a� F II LL- �� NMI '_.o A C OC :;u z c) cn 0 D m m cn a 0 A y W o PORT ORCHARD COMM. 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EVENTS CENTER CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 m7UMEPo41410 m=4411Fm I 9 e I � All I I 1� - II .aV Ail 1e•il e.ef PPS M z PORT ORCHARD COMM. .Q mu s N EVENTS CENTER. CITY OF PORT ORCHARD 619 BAY STREET. PORT ORCHARD, WA98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DATUnMUNNTED iM=l011fW TL PORT ORCHARD COMM. EVENTS CENTER CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 98366 — — --r DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DAMTIMUNNTEO 9/J0.'=44MI'M 4e.u[mmtgd4�l �`v4�r�e.ap.r14sm'ftt[E MI. II 1 1 I I II II it I I II II I I I I II II — 6 .I 1'1 IIT Ilk f- I I I k � I �^' �� I .F llr II — T 1rt-- 1.1.. ---�-- —�— _ — ----0 r - I {W 1 I I III aN1014 I� ��I_�, I III �'I 1'� r,_., I,I II s i s. �I I I -III I I - ----!All --;I u------- i E9� I � I!i Hill z HMI 90 $�crk M �°al? s II� I l l I l II II � PORT ORCHARD COMM. Go . 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Ir' II I I 1 1 I , II it f` II rl= 7 I B.II x�I N Ell ll II �I I�IIIFT. 11 L��I I' I I ,� , T, • I I � I1 IICb Ell -------�-�'��-lob--�-��i�� -- �I---u----- — � 1I 1 , e I•I I - Il _,Ii;��•Z III IE; 0 III Im III .I _I 1 II Y �aByY 'LI I 1 I C I I � 3 � m�� z C T I:I III I I II Il ��m it � _ E II I I I 1 I it 1T 814b 00IT =, a PORT ORCHARD COMM. :�❑ = 2 EVENTS CENTER N CITY OF PORT ORCHARD 619 BAY STREET, PORT ORCHARD, WA 98366 DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F ORANGE=SPACES THAT ARE SHARED BY EVERYONE IN THE BUILDING TOTAL = 4,186 SF BLUE = EVENT PARTNERIS PRIMARY OPERATOR TOTAL = 4,926 SF ROOM SCHEDULE - CURRENT ROOM R ROOM NAME 9PERAiOR AREA sa,']@IG 75B IM•7F MUIL139C 112 I m 163Limdc3 43 SF tt1- --IAF}ARR I�Jq_�wD �� 217-EllEV1AAC.K 1�$DGJ3 Ss« 215 ADAPR 1i3.IJLi3RJG e� �` 214ADARR _ _ I.BUILDIlk3 69 122 _ SPIiQ' ariz ICO SF _ 207 kLm?aACH !BUILDING 1058F E1 lEiElI1 iBEili01HG I t09 Ef• 'a IELM BE1 AN+G k 1,3sF S4.1 iGTAAT4 'ILpRrG 14]£-' S2.1 fi0 A612 - — i&3LL�ING 1 1465E 2.2 STAIR 162SF' _ 101 JVESTIBULE 166 Sr 123 _ _ _i$1511SiI1JE CORRIDOR 113111ff _ 175 SF. S3.1 ##SiiWi9 - --i011N.i —_ _ 14 1705E 4.2 ISTNRA - iris n is sP 1.2 !STAIR 1 19ilk.50 - 121 113E=RO0M lUNiG 1 _ 2.61SF 3.2 1S wl - - - 1BULI tw I 351 SF 202 45HARED RESTROOMS _ IB_UIL_DING 1 302 SF _ 104 15FYw"F73 RE5i17EN7615 IKIDI14S I 4C2 SF 102 I SHARED BUILDING LO9B5 IEkIEDR1a - - -- ---- - - - I �N . . E VBJT5 2-'2 [AV - - -----i•EVFhFTs _ _ ___• 36s 2M ISTORASSE '"�EEPf13-- 4?SF 1.10 JE --ITS 132SF 231 I(iWENY EATS 217 SF 109 --- IPAKrI Elr#FS 246SF 213 _t_ SrAg�1G.1!TF API IEVEliE 810 SP 2t1 fVEftiiS[AR ILAI!$JiS 8359 205 PROGRAM PORT ORCHARD COMMUNITY EVENTS CENTER I CITY OF PORT ORCHARD 1 0013122 ROOM SCHEDULE - CURRENT ROOM# -- ROOM NAME OPERATOR _ _AREA _ 11t �DALS• - - URRARY 116 _ f UBHARY �3SF _�STt4T 1F17 'PRpGR+YM57tA ,L'E _ UBREv nBBF ,13 Af3ARR LiBRMY _ 765E 119 O;M-E L1BR.ARY - f2SSF --IMZF _ 120 'OFFICE _ _ - - - bawly -- 125 T*EENAEADMARFA �LMRAR.Y 1�5F _ _ 115 -BRF.1-- - M Ltl#1.N11' —_ - _ ffi45F 134 ��,i54 -- io66F S1,1- _ .-Y$TA$i1-- LIBPMY 1@. ---'Fi71E311L1S:COLLECTION - - - LIBR V 2ni SF 117 'Ip11131YORKROOM UBRAitY 310V 148. LIBFWW1Y S711CKS - . UBRA}2Y 359 Sf ---- IN ~ _R£ADl61G AEIFu' FE?Dl :AREA UBPpRY a56SIP �_,. FsTnFFvroRxfiaal,t -... ---- UBRAIRY - - 468SF - - - 1v: ---TEENREACWGAREA------------------- jLkBRARY 89i5F t08 GENERALREADINGAREA tIBHFRY OPERATIONS TBD 201D PHONE BOOTH OPERATIONS TBD 29 SF 201C PHONE BOOTH OPERATIONS TBD 29 SF 201A PHONEBOOTH OPERATIONS TBD 29 SF 201E PHONE BOOTH OPERATIONS TBD 29 Sr 208 SM MTG OPERATIONSTBD 166 Sr 210 SM MTG _OPERATIONS TBD 1975F 209 MED MTG OPERATIONS TBD 327 SF 203 LG MTG I OPERATIONS TBD 485 SF 124 TENANT SPACE 19EERADONS TBD 1,1395E 142 11,OWORKING SPACE OPERATIONS TBD 1,2185E SHARED - EVENTS 201 UPPER LOBBY f PRE -FUNCTION SHARED - EVENTS 1,208 Sr 206 LARGE EVENT SPACE I SHARED -EVENTS I 1,3375E 132 OUTDOOR COVERED DECK ISHARED - EVENTS J - 3,423 SF SHARED - LIBRARY 105 jl;IBRARY FLEX SPACE 18HARED- LIB RARY 954 SF TOTAL: 66 TOTAL BUILDING SQUARE FOOT PURPLE = LIBRARY IS PRIMARY OPERATOR TOTAL = 6,345 SF �— SPACES WHERE OPERATOR IS STILL UNDER DISCUSSION TOTAL = 3,619 SF LIGHT BLUE = SPACES OPERATED BY EVENTS PARNTER, BUT CAN BE ACCESSED BY LIBRARY TOTAL = 5,969 SF 4— LIGHT PURPLE = SPACES OPERATED BY EVENTS PARNTER, BUT CAN BE ACCESSED BY LIBRARY TOTAL = 954 SF, DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F z, ln� �.nr xresU?I �f. i(RL ""�RY Kitsap Regional Library Contract No. 048-14 1301 Sylvan Way Bremerton, WA 98310 (360) 405-9158 CITY OF PORT ORCHARD MEMORANDUM OF AGREEMENT This Memorandum of Agreement (the "Agreement") is entered into as of May 12, 2014 by and between the Kitsap County Rural Library District d/b/a Kitsap Regional Library ("Library District") and the City of Port Orchard ("City"). Library District and City are collectively referred to as the "Parties" and individually as a "Party". RECITALS A. As owners of the building located at 87 Sidney Avenue, Port Orchard, Washington (the "Library Facility"), City has a need for library services that can be provided by the Library District. B. Library District is able to supply staffing, technology, materials, programming and associated personnel and administrative support to provide library service. C. City recognizes that it will benefit from such services as the Library District can provide, and Library District recognizes that it will benefit from providing the service. D. The Parties now desire to enter into this Agreement under the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. City agrees to make the Library Facility available to the Library District, which Library District shall use as a branch library, without rental expense to the Library District. City agrees to provide utility services at its own expense, including but not limited to: heating, air conditioning, electricity, potable water, sewer, solid waste, and shall further provide all necessary services for structural maintenance of the Library Facility, including but not limited to building maintenance and capital facility needs. Library District will Bainbridge Island n Downtown Bremerton . Kingston o Little Boston . Manchester • Port Orchard e Poulsbo . Silverdale • Sylvan Way • Bookmobile • Outreach ■ www.kri.org DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F 1""t1dI` CITY OF PORT ORCHARD l MEMORANDUM OF AGREEMENT Page 12 provide janitorial service and supplies. Parties agree that minor maintenance requests shall be first evaluated by Library District Facilities staff, and where feasible resolved by the District. Substantial building repair requests shall be submitted to the City Public Works Director, or their designee, by Library District's facility staff. The scope of repairs shall be at the sole determination of the City. 3. The City shall provide low maintenance xeriscape landscaping on City owned Library area property. In concurrence with the City, the District may enter into an agreement(s) with third Party(s) to provide landscape, maintenance, and irrigation system services, which expense shall be at the sole cost to the District. 4. Library District agrees to provide library services in the Library Facility, including, but not limited to, books and materials, programming, staffing, technology, telephone and data connection costs. Library District will notify City in advance of any changes in hours. 5. All furnishings, including without limitation the library collection, removable fixtures, including without limitation shelving and other trade fixtures, and equipment (collectively, the "Library District Furnishings"), are or will become property of Library District. Permanently mounted fixtures will remain part of the building and therefore owned by the City. 6. Library Facility Capital Improvement requests shall be submitted no later than August 31 for inclusion in the City's Preliminary Budget process. Changes to the structure of the Library Facility will be negotiated and done in partnership so as not to impede or disrupt library service to the public as much as possible. 7. City shall maintain at all times, at its sole expense and in such amounts as it shall determine to be adequate, fire and extended coverage insurance for the Library Facility. Library District shall maintain at all times, at its sole expense and in such amounts as it shall determine to be adequate, fire and extended coverage insurance for the Library District Furnishings. City and Library District shall each maintain at its sole expense, a policy or policies of comprehensive general liability insurance against loss suffered or alleged to be suffered by any person or persons or to any property, on or about the Library Facility or resulting from the operation thereof by the respective parties in accordance with this Agreement, such insurance to afford protection in the amounts of not less than $1,000,000 single limit/$2,000,000 aggregate. City and Library District each shall be listed as an additional insured on the other's policy or policies providing such comprehensive liability coverage, and each shall obtain the agreement of its insurer to provide notice to the other of any expiration or cancellation of coverage at least 10 days prior to such expiration or cancellation. DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F CITY OF PORT ORCHARD N11a MEMORANDUM OF AGREEMENT Page 13 8. City Indemnity of Llbrary District. To the extent permitted by law, City shall indemnify and hold harmless Library District and its officers, directors, trustees, agents and employees from any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) arising out of, pertaining to, or in connection with (i) any acts or omissions of City, its successors, assigns or agents, subsequent to the date of this Agreement with respect to or in relation to the Library Facility or any of the improvements, equipment or furnishings therein or any of the services provided pursuant to this Agreement, and (ii) a breach of any representation or warranty made herein. 9. Library District Indemnity -of Cit . To the extent permitted by law, Library District shall indemnify and hold harmless City and its officers, directors, trustees, agents and employees from any and all demands, claims, causes of action, losses, damages, liabilities, obligations, remedies, penalties, costs and expenses (including without limitation, reasonable attorneys' fees) arising out of, pertaining to, or in connection with (i) any acts or omissions of Library District, its successors, assigns or agents, subsequent to the date of this Agreement with respect to or in relation to the Library Facility or any of the improvements, equipment or furnishings therein or any of the services provided pursuant to this Agreement, and (ii) a breach of any representation or warranty made herein. 10. Authority. The Parties each represent and warrant that they and/or their undersigned agents have full power and authority to enter into and to execute this Agreement, and that the execution, delivery and performance by the Parties of this Agreement and the related documents is not in conflict with any law, rule, regulation, writ, judgment, injunction, decree or award, or with the provisions of any agreement to which the Parties or any of them may be bound, including, without limitation, their articles of incorporation or bylaws. 11. Effective Date. This Agreement shall become effective when, and only when, it has been duly executed by both of the Parties. This Agreement shall be in effect for one year from the date written above. This Agreement shall renew annually upon written consent by the Parties. 12. Termination. This Agreement may be terminated for cause by either Party on 30-days written notice. This Agreement may be terminated without cause by either Party on 60- days written notice prior to the end of the first year, or any subsequent annual renewal of this Agreement. 13. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, trustees, receivers, personal representatives, legatees and devisees of the Parties. Except as set forth herein, no person, organization or DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F xnsiy�j to. A` CITY OF PORT ORCHARD MEMORANDUM OF AGREEMENT P a g e 14 association other than Library District and City shall have any rights or claims under this Agreement. 14. Entire Agreement. This Agreement embodies the entire agreement and understanding between the Parties and supersedes all prior agreements and understandings related to the subject matter hereof. 15. Counsel's Advice. The Parties represent that they have reviewed the terms of this Agreement with their attorney, that they are authorized to enter into this Agreement, and the Agreement is executed freely and voluntarily as of the date hereof. 16. Further Assurances. The Parties will use all reasonable efforts to execute such documents and to take such other actions as may be reasonably necessary to consummate and give effect to the terms of this Agreement. 17. Jurisdiction and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The Kitsap County Superior Court shall have jurisdiction and venue of any action or proceeding arising out of or related to the negotiation, execution, performance, breach or the enforcement of this Agreement. 18. Attorneys Fees to Prevailing Party. In the event of any litigation in connection with this Agreement, the prevailing Party shall be entitled to recover its attorney's fees and other costs and expenses, including attorney's fees in both trial and appellate courts and in any bankruptcy proceeding. 19. Counterpart Signatures. This Agreement may be executed in several counterparts, which when taken together shall constitute one original Agreement. A facsimile signature shall be deemed an original signature for all purposes. IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date first above written. (The remainder of this page left intentionally blank. Signature page to follow.) DocuSign Envelope ID: 23823266-546D-425A-8F41-4B072D4CFA06 DocuSign Envelope ID: BA42716B-69B2-4A49-ADBD-4A85EAAA877F CITY OF PORT ORCHARD }lam MEMORANDUM OF AGREEMENT KITSAP COUNTY RURAL LIBRARY DISTRICT (dba KITSAP REGIONAL LIBRARY) Dan Gottlieb, President Board of Trustees 1301 Sylvan Way Bremerton, WA 98310 Page 15 CITY OF PORT ORCHARD i Tim Matthes, Mayor Attest: Brandy Rinearson, City Clerk Approved as to form: City Atit •aRP r. r AL � Y nFrwR`sH,,��,