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Home My WebLink AboutPK18-260 - Other - YMCA at Morrill Meadows-Original MOU for Joint Development of a Community Park-2015 l rr � T r Records Ma'nraement KENT wAs„,„ora„ Document I rig , CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: `MtY) U Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Memo of Understanding for Joint Development of a Community Park YMCA Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract ❑ Other: Memo of Understanding Contract Effective Date: 10/23/2015 Termination Date: Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment i Contract Manager: Jeff Watling Department: Parks Administration Contract Amount: N/A Approval Authority: (CIRCLE ONE) Department Director Ma or City Council Detail: (i.e. address, location, parcel number, tax id, etc.)__ As of: 08/27/14 MEMORANDUM OF UNDERSTANDING for the JOINT DEVELOPMENT OF A COMMUNITY PARK AND A MULTI-PURPOSE COMMUNITY AND AQUATIC CENTER This Memorandum of Understanding ("MOU") between the City of Kent (the "City"), a Washington municipal corporation, and the YMCA of Greater Seattle ("YMCA"), a 501(c)(3) charitable organization, is dated as of 2015 (the "Effective Date") and is agreed upon for the purpose of establishing a framework to develop a YMCA community recreation facility that will include a community aquatic center within a redeveloped Kent community park. The parties commit to cooperatively plan, design, fund, and develop the YMCA branch facility and the City's redeveloped park. 1. The City owns two parks, Morrill Meadows Park and East Hill Park, and owns or will purchase the land that Iles between these two parks, collectively forming an approximately 24-acre park property, located generally along and north of SE 248th Street in Kent (collectively the "City Land"), 2, The YMCA intends to raise funds to construct an approximately 55,OOD square foot community recreation facility that will include a community aquatic center (the "YMCA Facility") on a portion of the City Land (the "Facility Site'l. Although the YMCA will have ultimate control of all decisions on the planning, design, funding, construction, and operation of the YMCA Facility, the YMCA will consult and coordinate with the City during the planning and design phases so that the City Land and the YMCA Facility operate as a unified and mutually beneficial complex. 3. A necessary element of this cooperative effort is that, as part of the YMCA Facility, the YMCA shall construct and operate as part of the YMCA Facility an aquatic facility that can serve as a community pool to replace the aging Kent community pool located at the Kent-Meridian High School, Including programming elements that, without requiring YMCA memberships, provide community swim time and time for high school swim programs. The City and the YMCA will discuss the propriety of City contribution to support these added program requirements. Also, essential to the YMCA's operating plan is providing access to membership and programs using a silding scale enabling children and families regardless of an ability to pay to participate. For this to be equitable and to fund the expense of operations those who can afford to pay partial or full rates must do so. 4. The YMCA will need to receive title and ownership of the Facility Site and will also need the City to construct, on the City Land, parking for the redeveloped park and for the YMCA Facility (the "Parking Requirement"). As estimated from similar communities the YMCA expects the financial assistance provided by the YMCA for families and youth unable to pay full costs will exceed $500,000 per year in community benefits. The City and the YMCA will discuss the propriety of a YMCA contribution to support the transfer of public land and the construction, operation, and maintenance of the Parking Requirement. The City commits to this concept. Page I 4849-5414-8904.02 41410,00001 s to complete its community engagement and planning 5, The City intend p Y process for the redevelopment of the City Land —including establishment of the specific location of the Facility Site — by the end of 2016. Although the City will have ultimate control of all decisions on the planning, design, funding, construction, and operation of Its park uses, the City will consult and coordinate with the YMCA during the planning and design phases so that the park uses on the City Land and the YMCA Facility on the Facility Site operate as a unified and mutually beneflcial complex. 6. The YMCA will conduct a community engagement process to fund, construct, program, and operate the YMCA Facility so that it serves the particular needs of the Kent community. The YMCA shall establish a branch YMCA advisory board for the YMCA Facility made up of community members and business leaders from Kent, The YMCA expects its capital fundraising campaign to raise approximately $25 million for capital construction costs for the YMCA Facility. 7. Throughout the development of both the City Land and the YMCA Facility, the parties will cooperate to achieve their mutually supportive and coordinated goals. Redevelopment of the City Land and development of the YMCA Facility each will depend upon obtaining sufficient funding to construct these projects. 8. Both parties Intend to complete and open the redeveloped City park and the YMCA Facility no later than the end of 2020. I 9. Once the City and the YMCA are each satisfied with the progress made toward the design, programming, operation, and maintenance of the other party's project, and once each party demonstrates to the other party's satisfaction that adequate funding is or will be available to complete both projects, the parties will enter into a more detailed, binding agreement to specifically establish each party's rights and obligations in this cooperative venture. Elements of this more detailed agreement may Include: • Proof of City ownership of the City Land, • Legal description and conveyance to the YMCA of title to the Facility Site • Evidence of sufficient consideration to support transfer of title to the YMCA for the Facility Site • Layout of the City's park design • Description of the City's park program components • Layout of the YMCA Facility design • Description of the YMCA Facility program components • Description of the YMCA's aquatic program components Page 12 4949-5414-8904.02 41410.00001 Description of expected YMCA Facility program fees, including low Income accommodation ® Creation of a branch citizen advisory board to advise the City and the YMCA on operation and management of the YMCA Facility Description, location, and number of parking stalls (probable target 300) ® Evidence of adequate funding to complete each project Coordinated schedule for completion of each project ® Allocation of costs for construction and operation of the City's park redevelopment project, the City's parking project, the YMCA Facility, and shared components ® Apportionment of responsibility for ongoing maintenance duties and costs s Apportionment of costs for regular maintenance, major maintenance, and capital Improvements Creation of any easements needed to operate each facility ® Allocation of shared utility costs, if any Appropriate insurance coverage and mutual indemnification provisions ® Provision and remedy for breach or failure to perform by either party, including opportunities to cure and a dispute resolution provision contemplating.mediation and arbitration ® A work-out mechanism where the property is returned to the City or the city is reimbursed some value In the event of a substantial change In use of the YMCA Facility 10. This MOU creates a commitment by both parties,to work together using their best efforts, in good faith, to achieve the goals and objectives expressed In this MOU. Although this MOU lays out expected obligations of the parties, it remains a memorandum of understanding only, and either party may withdraw from participation at any time without liability or obligation. 11. This MOU may be executed in any number of counterparts, all of which will together constitute one agreement. DATED and entered into by the parties below as of the Effective Date. Page 13 4849-5414-8904,02 41410.00001 !, YMCA: City; YMCA OF GREATER SEATTLE THE CITY OF KENT By: � 13rf" S. r1Cx', - t f ;g Its ! ID ; Date: J01 Date € � F f p:\clvll\files\open files\2028-ymca\ymca at morrell park.docx Page 4 4849-5414-6904.02 41410,00001