Council PKT 08-23-2011 SpecialCITY OF
,',� Federal Way
AGENDA
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Hylebos Room - City Hall.
August 23, 2011
5:30 p.m.
www. cityoffederalwa y. com
1. CALL MEETING TO ORDER
2. FEDERAL WAY FARMERS MARKET — LEASE AMENDMENT
3. ADJOURNMENT
COUNCIL MEETING DATE: August 23, 2011 ITEM #:_�
_..... .. . __ _..... _.... _. _
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMENDMENT TO AGREEMENT FOR USE OF FORMER AMC THEATERS STTE FOR FARMERS
MARKET
POLICY QUESTION Should the City Council approve additional usage of the former AMC Theaters site by the
Farmers Market for a Wednesday evening farmers market from 24 August 20l 1 through no later than the end of
October?
COMMITTEE: None
CATEGORY:
❑ Consent
� City Council Business
�
�:
Ordinance
Resolution
MEETING DATE N/A
❑ Public Hearing
❑ Other
STAFF REPORT BY: Patrick Doherty DEPT: Community & Eco. Dev.
_.._ ................................................._.............................................................. ....................................._...............
_...... ._ ... .. ...................__......................_............__..................._..........---....._..._................._._._........_.._._
Attachments: Letter from Farmers Market
Proposed Amendment to existing Lease Agreement
Background:
On 4/19/11 the City Council approved a Lease Agreement with the Federal Way Farmers Market to lease for
their sole use the former AMC Theaters site in the City Center for the ZO11 Farmers Market, running on
Saturdays from 5/7-10/29/l 1. The Agreement stipulates a lease payment of $5000.
On 8/ll/11 the City received a letter requesting additional usage of the site for a Wednesday evening "Night
Out" Farmers Market to run from 24 August into October (ending date to be dependent on the weather). Hours
of operation would be 4pm to 8pm.
Section 2 of the Council-approved Agreement allows for additional usage pursuant to Council review and
approval of such a request.
Attached you will find a proposed Amendment to the existing Agreement that, if approved, would allow for the
proposed additional usage of the site.
The existing site lease fee of $5000 translates to an hourly rate of $32.05/hour, given the hours and dates of
operation of the Saturday Farmers Market. If City Council wishes to assess a similar hourly site-lease rate for the
additional Wednesday evening market, each such evening would cost $128.20, resulting in an additional lease
charge ranging from $641 to $1282, depending on when the last Wednesday evening market occurs. Conversely,
City Council may wish to include this additional usage within the existing lease fee assessment, charging no
additional fees. These options are provided below.
Options Considered:
1. Approve the proposed Amendment to the Farmers Market Agreement for additional
Wednesday evening use of the former AMC Theaters site, starting 24 August 2011 and
ending no later than the end of October 2011 with no additional site-lease fee;
2. Approve the proposed Amendment to the Farmers Market Agreement for additional
Wednesday evening use of the former AMC Theaters site, starting 24 August 2011 and
ending no later than the end of October 2011 with the additional site-lease fee of $X/hour;
3. Deny the request for additional usage of the former AMC Theaters site.
MAYOR'S RECOMMENDATION: Option 1.
MAYOR APPROVAL: ����2G�� ��!� ��'� DIRECTOR APPROVAL: � ��
Com ttee Council Co m tee Cou�cil
COMMITTEE RECOMMENDATION: I move approval of Option _ and authorize the Mayor to execute the
Amendment to the Lease Agreement.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION `7 nzove approval of
(BEGOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTTON:
❑ APPROVED COUNCIL BILL #
❑ DENIED 1 reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
RE V ISED — 08/12/2010 RESOLUTION #
� , i i � i
I� � � . � ,/;
'y ��� 1 3 �� 1
� ` --+..�
�_
_ �.. .� � �
i
f ,
i ' '
, �
P-
i�
� � — —
8/11/11
To: Federal Way Mayor Skip Priest, and City Council
The Federal Way Farmers Market is planning to add an evening market. We are striving to reach
those who cannot make it to a Saturday market, and to have a fun family night out in Federal
Way.
The new market will be called Wednesday, Night-Out Market. It will be on Wednesdays 4-8pm,
at the current location.
There has been a need to add another market that will reach those who want to provide locally
grown fresh fruits and vegetables for their family. It will be a gathering place for the community
to come, have a family night out, access healthy food, have fun in a safe, festive environment.
This will also be a plus for growth and economic development in the City of Federal Way. Other
communities will likely come to a"Night-Out" market.
This market will be a little different from the regular Saturday market. It will be a family night
out, something to do during the week for Federal Way and surrounding communities.
Vendors will have samples and festive displays. There will be local farm fresh produce, artisans,
entertainment, and food vendors. Something for everyone!
Our projected date to start is August 24` The market will run through the end of September and
into October if weather permits.
It is understood that this has to be approved by the Council in the next meeting, however, that
will not give us enough time for marketing and acquiring vendors.
We are asking for the support and approval of the City Council in order to get this new market
started.
Thank you for your time,
Karla Kolibab & Board
Federal Way Farmers Market
PO Box 24795
Federal Way, WA 98093
253-261-8157
.
� �
�r � ii�s► I
�� _.< , ; +�+ � ''.+wiw� �. ,
ci�rv ��.��
����� �tr, ��r�nue sr�utn
�ed�� L'�ay, �1,� ��t?0?-�325
(253} $3a-7(}t3{3
����av.rityrrt��eler;�r`�vs�: r.c�tr�
AMENDMENT NO.ONE
TO
THE LEASE
FOR
AMC THEATRE VACANT LAND
This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and The Federal Way Farmers' Market, a Washington nonprofit corporation ("Lessee"). The
City and Lessee (together "Parties"), for vaivable cansideration and by mutual consent of the parties, agree to amend
the original Agreement for Lease of the AMC Theatre Vacant Land ("Agreement") dated effective April 27, 2011 as
follows:
1. AMENDED POSSESSION. The Agreement, as referenced by Section 5 of the Agreement shall be
amended to allow use of the premises on Wednesday evenings from 4:00 p.m. to 8:00 p.m. for "Wednesday Night
Out at the Market" commencing August 24, 2011, and shall continue until October 29, 2011, unless the City
provides notice of termination in accordance with Section 3("Possession").
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The
provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names
appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding
on the parties of this contract.
[Signatl�re page follows]
AMENDMENT - 1 - 1/2010
.
. � , �
�,.�,�, ��° �
ClTY HALL
33325 Sth Aver�u� �esttth
�ed�r�E V`,tay, "�+lA 9�f�0�-6�25
(2�3� 835-7C70f�
�:�vw cify��If� ri€�rz�r'�v�y c�ztn
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY
C
Skip Priest, Mayor
M�7:r��
ATTEST:
City Clerk, Carol McNeilly, CMC
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
INSERT CONTRACTOR'S NAME
C
Printed Name: Karla Kolibab
Title: President
DATE:
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this day personally appeared before me Karla Kolibab, to me known to be the _President of Farmer's Market that
executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to
execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this day of
20
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
AMENDMENT
-2-
1/2010