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Home My WebLink About06/06/01 AGENDA CITY COUNCIL MEETING AGENDA JUNE 6, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 10. NEW BUSINESS A. Bid Award for the Construction of the Eastside CSO Treatment Facility (#AB01-119) B. Bid Award for the East Park CSO, East 18th Street Diversion (#AB01-120) C. Change Order No. I with Porter Brothers Construction, Inc. for Gold Mountain Clubhouse (#AB01-121 ) D. Washington State Traffic Safety Commission Bremerton-Kitsap County Traffic Safety _~' Task Force Project; and Traffic Safety Coordinator Employment Service Contract for Shirley Wise (#AB01-122) 11. PUBLIC HEARINGS & RESOLUTIONS A. 2"d Public Hearing Regarding the Concession Agreement between the City of Bremerton and Olympic Soccer & Sports Center, LLC (#AB01-118) B. Resolution No. 2812, Accepting the Dedication of a portion of West Hills Boulevard and a portion of Haselwood Street as Public Right-of-Way (#AB01-123) C. Resolution No. 2813, Regarding Recovery of Fees for the Abatement of a Dangerous Chimney on the property located at 1614 Wheaton Way (#AB01-124) D. Resolution No. 2814, Regarding Recovery of fees for the Abatement of Demolition Debris on the property located at 2133 8th Street (#AB01-125) 12. ADJOURNMENT OF MEETING COUNCIL WILL RECONVENE IN THE COUNCIL CONFERENCE ROOM FOR THEIR "MONTHLY STUDY SESSION"... CITY COUNCIL MEETING JUNE 6, 2001 SPEAKERS LIST NAME ADDRESS TELEPHONE TOPIC _ . , o~ ~'~.w,.:,.? 4. 5. 10. 11. 12. 13. 14. PROCLAMATION WHEREAS, at the turn of the century, the United States Navy foresaw the need for an intermediate size combat surface vessel; and WHEREAS, the first cruiser, the USS Chester, CS-I, was commissioned on April 25, 1908, and subsequent cruisers bearing the names of cities of the states of this nation were an integral part of the United States Navy; and WHEREAS, these warships and their gallant crews played a significant role in dominating the high seas during the great World Wars, and a dominant role during the Korean and Vietnam Wars, securing peace and stability to oppressed nations; and WHEREAS, the surviving veterans of these battles for freedom and democracy, have formed the U.S. Navy Cruiser Veterans Association to gather at selected locations throughout the United States to perpetuate the significance of the historical role Cruisers played in the world as we know it today; and WHEREAS, the U.S. Navy Cruiser Association has selected the Puget Sound area as their reunion site and Bremerton as the memorial ceremonial site for the year 2001; NOW, THEREFORE, I, Lynn S. Horton, Mayor of the City of Bremerton do hereby proclaim June 14, 2001 as U.S. NAVY CRUISER ASSOCIATION MEMORIAL REMEMBRANCE DAY and encourage all citizens of this city to pause and observe a moment of silence in remembrance of the cruiser sailors who sacrificed their lives and the surviving veterans who dedicated themselves in the defense of this nation and the freedoms we savor as free peace loving members of the world. SIGNED this 6th day of June 2001. lynn S. Horton, Mayor AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: BIX) AWARD FOR THE FOR AGENDA OF: June 6, 2001 CONSTRUCTION OF THE EASTSIDE CSO ORIGINATING DEPT: PW&U Engineering Div. TREATMENT FACILITY. ORIGINATOR: John Poppe, Wastewater Manage../~ DATE SUBMITTED: May 22, 2001 2. CLEARANCES: (comment on back i/~eaeeJr~ .~ 3. EXHIBITS Director, Public Works/Utilities w,.-__//V"~~ _ A. Bid Sheet Summary. Assistant City Attorney ~. ~~~._ City Treasurer ~~v - . Purchasing Manager ~ Council Budget & Finance Committee Approved 5/23/01 Council Operations Committee Ap p roved 5/2 3/01 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids opened for the construction of the Eastside CSO Treatment Facility contract on May 2,4, 2001. The Easts/de CSO Treatment Facility (ECTF) option provides for the least disruption to the City's streets, electrical power system, Endangered Species Act issues, and is the most cost effective recommendation. The ECTF treatment and disinfection will also improve the water quality of the Port Washington Narrows. This contract provides for construction of the treatment facility. The Washington Department of Ecology is currently reviewing the facility plm~ and design and must approve these documents prior to contract execution. Four (4) bids for this project were received. Pease and Sons was the lowest responsive bidder with a bid of $2,222,224.00. The Engineer's estimate for the project is $ 3,000,000.00. The action before the City Council is approval of the award of the bid of $2,222,224.00 with Pease and Sons for the construction of the Eastside CSO Treatment Facility. 8. RECOMMENDATION: The City Council approve award of the bid of $ 2,222,224.00 with Pease and Sons for the construction of the Eastside CSO Treatment Facility contract and authorize the Mayor to execute the same, subject to project approval by the Washington Department of Ecology. 9. RESPONSIBLE OFFICIAL: Wastewater Manager ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION ~ .-... ~ PULLED TABLED APPROVED DISAPPROVED AM~ COUNCIL DItLECTIVE DATE: 11. AGENDA BILL NO: O/ - / [ ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Non-passage could result in preventing compliance with the Professional Services Agreement; an increase in the liability of the City should CSO water discharge into the Puget Sound; violations of area water quality standards for the Port Washington Narrows; and/or a delay in loan applications for CSO reduction. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staf£mg: Maintenance requirements will remain the same for the next two years and increase with age. Budget: Financing will come from the Pine Road CSO Reduction Fiscal Plan. 7. RESEARCH SOURCES ab, 2001 Agenda Bills, Eastside CSO Treatment Facility Construction Bid Award, 6-01 .~, CITY OF BREMERTON BID TABULATIOH ~DER ~ ITEM 1 ITEM 2 I~M 3 ITEM 4 ITEM 5 NET BID T~ TOT~ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: BID AWARD FOR THE EAST FOR AGENDA OF: June 6, 2001 PARK CSO, EAST 18TM STREET DIVERSION. ORIGINATING DEPT: PW&U Engineering Div. ORIGINATOR: Jennifer Strehler, city Engineer,.,~.,~ DATE SUBMITTED: May 23, 2001 2. CLEARANCES: (comment on back i//~e~ces~,/,~.,( 3. EXHIBITS Director, Public Works/Utilities _//~~A . A. Bid Tabulation Assistant City Attorney \2k4~_~ ~ B. Location Map City Treasurer ~ Purchasing Agent ' -~t"~[~ Council Budget & Finance Committee Council Operations Committee ~ ENDORSEMEN.T_~ INFO, RM~TION APPROVED BY COUNCIL ERzE'~J~NT FOPzaS~BMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COU~NCIL ACTION: Bids were opened for the East Park CSO, East 18th Street Diversion contract on May 24, 2001. This contract provides for construction of 1,460 linear feet of 12-inch diameter PVC gravity sewer pipe and 1,055 linear feet of 12-inch diameter PVC pressure sewer pipe. The contract work includes labor, materials, equipment, and support services for the project. One bid for this project was received. Ace Paving Co., Inc. was the single and lowest responsive bidder with a bid of $403,054.03. The Engineer's estimate for the project is $415,000. The action before the City Council is approval of the award of the bid of $403,054.03 with Ace Paving Co., Inc. for the East Park CSO, East 18th Street Diversion contract. 8. RECOMMENDATION: The City Council approve award of the bid of $403,054.03 with Ace Paving Co., Inc. for the East Park CSO, East 18th Street Diversion contract and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED l~~ld~ COUNCIL DIRECTIVE 11. AGENDA BILL NO: ~)i - t ~ ~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 1. Legal action(s) may result if construction of the project is not completed by January 1, 2002. 2. Violation of the PSA Consent Decree and CSO Agreements. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: Additional operation and maintenance. Budget: This project is funded through Public Works Trust Funds and is included in the 2001 Budget. FacilitiesAEquipment: 7. RESEARCH SOURCES ab, 2001 Agenda Bills, East Park CSO, East 18~' Street Diversion CITY OF BREMERTON BID TABULATION BID TITLE: ~-,5'T ~'~.~: C---~o OPENED BY DATE OPENED: .~!'~ lO .[,, TIME OPENED: ~~ RECORDED BY~~, ~ BIDDER Rt~.o ,,. ITEM 1 ITEM 2 ITEM 3 ITE[M 4 ITEM 5 NET BID TAX TOTAL ..,I ..... ,,,g II ~r 1,, ,1 ,,,-- ' . i~e' ' " II '., _..m ..... ~,,, ,_m. ' :' SUMMARY ' TOTAL BID I COMMENTS ~""'~. ~,..o , ..~o~.,o, ............. EAST PARK CSO, EAST 18TM STREET DIVERSION LOCATION MAP PROJECT LOCATION AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Change Order No. 01 - FOR AGENDA OF: June 6, 2001 Gold Mountain Clubhouse- ORIGINATING DEPT: Parks & Recreation Porter Brothers Construction Inc. ORIGINATOR: Pat Westhoff, Golf Operations DATE SUBMITTED: June 1, 2001 2. CLEARANCES: 3. EXHIBITS: (Comment on back ifnecessary~ .4/ Parks & Recreation Director: ./~.~ ½~ ~ * Change Order No. 01 (for Mayor's Signature) City Treasurer: ,, Purchasing Supervisor: Fiscal & Budget Committee: Operations Committee: ~~ ~ ENDORSEMENT ~( INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITYAL: 4. SUMMARY STATEMENT AND REQUIRE~ FOR COUNCIL ACTION: This Change Order No. 01 is a multi item change order for the overall additive cost of $237,179.16. 1. Proposal Request (PR) No. 1 includes additional handicap parking and pathway, additional fire draft stops within clubhouse to comply with the Fire Building Code ($13,027.60): 2. Proposal Request (PR) No. 3 & 4 includes deletion of skylights and revision of stationary windows to operable windows (<$2,663.30>): 3. Contract Change Directive (CCD) No. 1 includes over excavation of building footings and structural placement and compaction of structural crushed rock ($30,773.97): 4. Change Order Proposal (COP) No. 5 provide and install a complete and operational commercial septic system ($196,040.89). The recommendation before City Council is the approval of this contract Change Order No.01 to Porter Brothers Construction, Inc. in the additive amount of $ 237,179.16 (not including WSST). 8. RECOMMENDATION: That City Council authorize and direct the Mayor to approve Change Order No. 01 and make payable to Porter Brothers Construction, Inc., in the amount of $237,179.16 subject to City Administrative Policies and Procedures. 9.RESPONSIBLE OFFICIAL: Pat Westhoff ENFORCEMENT OFFICIAL: Pat Westhoff EXPIRATION DATE: 10-31-01 REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The new Gold Mountain Golf Complex Clubhouse could not be completed. No payment will be authorized to the Contractor nor will the Contractor provide a credk for the deleted materials associated with Item 2, PR No. 3, Summary Statement. 6. IMPACT ON STAFFING, BUDGETS, FACILIT[ES~ EQUIPMENT OR OTHER RESOURCES: No significant impact on staiTmg is anticipated. Sufficient funding is available for these expenditures in Fund 407. 7. RESEARCH SOURCES: CHANGE OWNER ORDER ARCHITECT CONTRACTOR FIELD AIA DOCUMENT GTO1 OTHER PROJECT: GOLD MOUNTAIN CLUBHOUSE CHANGE ORDER NUMBER: 1 (name, address) 7261 W. Belfair Valley Road Bremerton, WA DATE: 5-11-01 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 2001 (name, address) CONTRACT DATE: 0 2-14 - 0 0 Porter Brothers Const. 2222 Meridian Ave. E.,Ste B CONTRACT FOR: New Clubhouse Edgewood, WA 98372-1009 The Contract is changed as follows: P.R. #1 (Site Work - see attached) 13,027.60 P.R. #3 (Delete skylights) (3,450.00) P.R. #4 (Revise windows) 786.70 C.C.D. #1 (Over excavate) 30,773.97 C.O.P. #5 (Septic System) 196,040.89 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) t ......................... ~ was ..................... $ 2, 4 8 4,6 7 0.0 0 Net change by previously authorized Change Orders ......................... $ 0.0 0 The (Contract Sum) (G,a-_~-_nteee .~.!arZm"~-z. Pr~cz) prior to this Change Order was .......... $ 2,4 8 4 , 6 7 0.0 0 The (Contract Sum) ~' .................... P~cc) will be (increased) ~decre~ed) ...................... 237,179.16 a.--~ .... m by this Change Order in the amount of $ The new (Contract Sum) (Cu~m'ateed .~.!m~&m'.:'m P_'ice) including this Change Order will be . . $ 2 , 7 2 1 ~ 8 4 9 · 1 6 The Contract Time will be ~ (41e,~ (unchanged) by ( ) days. The date of Substantial CompletiQn as of the date of this Change Order therefore is NOTE: This summary, does not reflect changes in the Contract Stlrn, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. City of Bremerton Myrvanq Architects Porter Bros. Const. Parks & Recreation ARCH ITECT CONTRACTOR OWNER 17035 Oiywnpic View Rd.N.W. 2222 Mcr±dian Ave. E,Ste B 680 Lebo Blvd. Address Address Address Silverdale, WA 98383 Edgewood,WA 98372 Bremerton, WA 98310 BY '-- __~4.~'__ BY BY DATE ~- ~ " --~( /7/__~ / DATE ~:~ DATE ~ ~ G'~)I - ~ ~ '~ 1987 EDITION · ,MA® · ©1987 · THE .kMERICAN INSTITUTE OF ARCHITECTS -~,~ NEW YORK AVE.. N',,X, WASHINGTON, DC. 20006 G?01~1987 lo PORTER BROTHERS CONSTRUCTION, INC. 2222 Meridian Ave. E., Suite B · Edgewood, WA 98371-1009 (253) 927~2822 Fax: (253) 927-3881 April 1 7, 2001 Myrvang Architects Attn: Steve Myrvang 7035 Olympic View Rd. NW Silverdale, WA 98383 Re: Gold Mountain Clubhouse P.I~. #l Enclosed Scope Steve: Enclosed is the price quote for the items you requested. The attached breakdown should be enough back up. If you have any questions, please let me know. Sincerely, Gerald J. Munro Project Manager II GOLD MOUNTAIN CLUBHOUSF P.R. #1 Break Down A. Ace Paving , $6,331.29 Porter Curbs 300 $4,950.00 Signs 7 $950.00 Wheel Stops 8 $640.00 Stripe Rite $320.00 Coates Survey $1,920.00 B. Huston Excavating <$4555.40> C. Porter 345 ~h' $953.00 D. Porter Concrete 1.5 cy <$88.00> GOLD MOUNTAIN CLUBHOUSE PORTER BROTHERS CONSTRUCTION P.R. # I MISC. ITEMS GENERAL CONTRACTOR COSTS 1 SUPERVISION (8MH X $42.04) $336.32 2 LABOR $5,295.00 3 MATERIAL $2,210.00 4 EQUIPTMENT $0.00 5 SMALL TOOLS 3% $158.85 SUBTOTAL (ADD LINES 1-5) $8,000.17 SUBCONTRACTOR COSTS 6 HUSTON EXCAVATING (94,855.40) 7 COATES SURVEY(waterline/parking/curbs) 91,920.00 8 ACE PAVING 96,331.29 9 STRIPERITE $320.00 10 SUBS 90.00 11 SUBS 90.00 SUBTOTAL OF SUBCONTRACTORS $3,715.89 12 LABOR MARKUP 15% $794.25 13 MATERIALS MARKUP 15% $331.50 14 EQUIPMENT MARKUP 15% $0.00 15 SUBONTRACTOR MARKUP 5% .$185.79 TOTAL COST $13,027.60 This change proposal is based on the usual cost elements such as labor, materials an(I approved overhead/profit and does not include any amount for interference, disruptions, rescheduling, change in lhe sequence of work, delays, and/or associated acceleration Porter Brothers expressly reserves me dght to submit charges for any of ~hese items should we be faced with performing our work under any of these conditions. Porter Brokers reserves the dght to submit charges for impact costs and/or time extensions this cost proposal. I associated This quote is valid for 10 days. This proposal does not include sales tax. 17¢35 Olympic View Road N.W. · Silverdale, WA 98383 phone (3C:~) 613 ~)77, fax [3C::~) 613 ~ e-mail address: steve~nor-thwestarchitects~:om Gold Mountain Clubhouse Regarding: Changes to Gold Mountain bid documents as a result of'Building Permit Review Request for Proposal # 1 Date: 1/18/01 A. Add handicapped parking and handicapped path as per revised Drawing C 1.1 and C1.2, dated as modified December 6, 2000. ( Deduct to delete supplemental fire flow system from the 18th greenside pond as described on C 1.2, to include the following: - 608 lineal feet of 8" class 52 ductile iron pipe. (2) hydrant assemblies (5) 45 degree fittings, (2) 22 degree fittings and associated thrust blocking. C. Add draft stops as shown on Drawings A-6 and A-21, revised as dated 12-07-00. D. Deduct to shorten the viewing deck in the east/west direction by 1 '-2" to 16'-10" as shown on drawing A-21. Contractor to provide summary breakdown of all costs for Request For Proposal #1 as per Article 12 of the General Conditions, Page 3-11 thru 3-16. Copies to: Pat Westhofl~ Bremerton Parks & Recreation Dan 1Waller, Dept. of Public Works & Utilities ~/Jerry Munro, Porter Brothers Construction 3/28/01 Gold Mountain Clubhouse PR# 1 Summary of Changes to Dote Add Deduct Port 1 - A Grading Added Parking Area $4,053.38 Pon' 1 - B Deduct Auxiliary Firemain ($14,420.43) Add/or Fire beportment Connection $2,592.31 Add for Water Main Route $2,919.34 Total: $9,565.03 I$14,420.43) Total Deduct: (~i4, 85§.40) commefc/a! o resident~al 3/27/01 .Terry Munro Porter Brothers Construction 2222 6Aeridian Ave. IE., Ste. B Edgewood, WA 983714009 Gold ~Aountoin Clubhouse PI~#1-B O~'~'c-'7-- &d~, ~[~ ~/~ ~bor ~uan~i~y Uni~ ~scrip~ion Price ~mount 16 Hrs. Backhoe Operator $23.66 $378.~6 32 Hrs. Pipe Layer $29.01 $928.32 16 Hrs. Backhoe Operofor $23.66 $378.56 4 Hrs. Lobar $28.53 $114.12 Total Dire~ ~bor: $1,799.D6 I~uronce' s (22%): $395.90 ~btotal: $2,195.46 5~fety (2%): ~.91 Total ~bor: $2,239.37 M~terials Quantity Unit b~scription Pric~ Amount 608 LF 8" <]lass 52 buctil~ Zron Pipe $10.07 $6,122.56 10 LF 6" Class D2 buctil¢ Zron Pipe $7.33 $73.30 5 Eo. 8" 45 bCgr~¢ ~¢chonicol Zoint Ell w/Accessories $86.62 $433.10 2 Ea. 8" 22.5 b~gr~M~chanicol ~oint Ell W/Accessories $87.78 $175.56 2 Ea. 8" x 6" ~chanicol Zoint x Flange T¢~ w/Accessories $149.57 $299.14 2 Ea. 6" ~chanical Zoint x Flange Gat~ Volv¢ w/Acc~ssori$238.00 $476.00 2 Ea. Fire Hydrants $827.16 $1,654.32 Total Matmrials: $9,233.98 Equipment ~ua~?i~ Unit Description Price Amount 32 Hrs. B~ckhoe $3L63 $~,0~2.~6 Total EquineS: ~,0~.16 Subtotal ~bor, Materials & Equipme~): $~g,485.5~ Small Tools (3% bire~ ~bor): $53.99 Total W/O Markup: $12,539.50 Overhead & Profit (15%): $~,880.93 T~al ~d~: [$14,4Z0.43) commercia/ , residentia! 3/28/0! .Terry/~unro Por~er Brothers ¢onstruc~rion 2222 Meridion Ave, E., Ste. ~ Edgewood, ~A 9837~-~009 GoM ~ounfam ~ubhouse ~ 1-A Added Perking 12 Hrs. boz~r Operator $34.1~ 4 Hrs. Compoctor Op~rotor ~3Z.~ ~28.~6 8 Hrs. ~ckho~ Operator $34. I4 ~273.~2 4 Hrs. Loader Operator ~34.14 $136.56 ~6 Hrs. Lob~ $Z8.53 ~.48 12 Hrs. Cre~ For~n $28.53 $342.36 ~ Hrs. Truck brw~r $30.68 $122.72 T~oI bi~ ~bo~: $1,869.08 ~btotol: $2, ~80.28 ~i~ Unit ~scri~ion ~ice Amour 3 Id. Tipping Fee's $50.~ $I~.~ Total Materials: $1~.~ ~on~ity Unit ~scvi~on PMce Am~nt 12 Hrs. bozer $31.81 $381.72 4 Hrs. Compo¢or $24.65 $98.60 8 Hrs. ~ckhoe $31.81 4 Hrs.. Lo~der $38.69 4 Hrs. bump Truck $2~.79 Totol Equipment: $992. ~mmo~ 5ubtotol ~bo~, ~oteMois & Equipment): 5moil T~ls ~% bire~ ~]: ~e~heod & P~ofit (15%): $5Z8.70 T~i Add: ~. 053.38 17 corem ercia/ · resident/a/ 3127/01 Jerry Munro Porter Brothers (~onstruction 2222 Meridian Ave. E, Ste. B Edgewood, WA 98371-1009 Gold Mountain Clubhouse PR# ! New Wnttrmain Route 'Labor Quantity Unit Description Price Amount 4 Hrs. Backhoe Operator $23.66 $94.64 4 Hrs. Backhoe w~ Hoepac Operator $23.66 $94.64 8 Hrs. Pipe Layer $29.0! $232.08 4 Hrs. Labor $28.53 $!14.12 6 Hrs. Asphalt Raker $29.01 $174.06 2 Hrs_ Truck Driver $olo $30.68 $61.36 Total Direct Labor: $770.90 Insurance's (22%): $169.60 ~btotal: $940.50 Safety (2%): $18.81 Total Labor: $959.31 Materials Quantity Unit Description Price Amount 4 Tons Asphalt $28.00 $112.00 4 Tons Crushed Rock $7.00 $28.00 50 L.F. 8" Class 52 Ductile Iron Pipe $10.07 $503.50 1 Ea. 8" 90 begreeMechanical Joint Ell W~ Accessories $93.20 $93.20 I00 L.F. 2" Asphalt Saw Cut Service $2.00 $200.00 1 Ea. 18" 577 Vault Extension $305.00 $305.00 Total A~aterials: $1,241.70 Equipment Quantity Unit Description Price Amount 4 Hrs. Backhoe $31.81 $127.24 4 Hrs. Backhoe w~ Hoepac $33.81 $I35.24 2 Hrs. Dump Truck $25.97 $51.94 Total Equipment: $314.42 ~ubtotol (Labor, ARaterials & Equipment): $2,515.43 Small Tools (3% Direct Labor): $23.13 Total W/O Markup: $2,538.55 Overhead & Profit (15%): $380.78 Total Add: $~,919.34 3/27/01 Gold Mountain Clubhouse PR#I Add for F.D.C. L~bor (~uontity Unit Description Price Amount 2 Hrs. Backhoe Operator $23.66 $47.32 4 Hrs. Pipe Layer $29.01 $116.04 2 Hrs. Lobar $28.53 $57.06 Total Direct Labor: $220.42 Insurance' s (22%): :~. 49 Subtotal: $268.9~ 5ofet7 (2%): $5.38 Total Labor: $274.29 Materials Quantity Unit Description Price Amount ] Ea. 6" 90 Degree Siamese Connection Rough Brass $320.23 $320.23 1 Ea. 6" x 6'0" Galvanized Spool FI.xTh. $170.00 $170.00 20 Ft. 6" Class 52 Ductile Iron Pipe $7.33 $]46.60 1 I~al 6" M.J. x FI. 90 Degree Ell w~ Accessories $99.0.5 $99.05 i Ea. 6" AA.5.90 Degree Ell w/Accessories $115.23 $115.23 1 Ea. 6" x 5' Ductile Iron Spool FI. x P.E. $I48.43 $148.43 1 Ea. 6" Check Valve FI. $684.00 $684.00 1 Ea. 6" Tee FI. $107.39 $107.39 4 Ea. 6" FI. Bolt Kits $9.67 $38.68 1 Ea. Ball Drip Valve Assembly $80.41 $80.41 Totol Materials: $1,910.02 Equipment C~uantity Unit Description Price Amount 2 Hrs. Backhoe $31.63 $63.26 Total Equipment: $63.26 Subtotal (Labor, Materials & Equipment): $2,247.57 Small Tools (3% Direct Labor): $6.61 Total W/O Markup: $2,254.18 Overhead & Profit (15%): $338.13 Tatd Add: $2,592.31 19 Sac~on B A&cltton o£ ~pproximat~ly /~,307 $.1~. ~ W ~Z~/~; ~././. ~L~,~' ~ ~,~tta~ P~E SION AND ~ ~E CO~ ~ ~DR~S ~ICATED ABOVE ~ ~ ~.: . a~ ............. PORTER BROTHERS CONSTRUCTION, INC. 2222 Meridian Ave. E., Suite B · Edgewood, WA 98371-1009 (253) 927-2822 Fax: (253) 927-3881 March 26, 2001 Myrvang Architects Attr~: Steve Myrvang 17035 Olympic View Rd. NW Silverdale, WA 98383 Re: Gold Mountain Clubhouse P.R. #3 Delete Skylights Steve: Enclosed is the credit to delete the skylights per your request #3. Sincerely, Gerald J. Munro Project Manager GOLD MOUNTAIN CLUBHOUSE PORTER BROTHERS CONSTRUCTION P.R # 3 DELETE SKYLIGHTS GENERAL CONTRACTOR COSTS 1 SUPERVISION(no change) 90.00 2 LABOR (no change) ~0,00 3 MATERIAL(skylight credit) i$3,000.00) 4 EQUIPTMENT $0.00 5 SMALL TOOLS 3% $0.00 SUBTOTAL (ADD LINES 1-5) /93,000.00) SUBCONTRACTOR COSTS 6!TJI (no change) 90.00 / 1TILE TECH (no change) 90.00 8]suBs'" ' 9o.o0 9/SUBS 90.O0 o/sues ,o.oo 11 '.ISUBS ~ 90,00 '1'SUBTOTAL OF SUBCONTRACTORS 90.00 12 LABOR MARKUP 15% 90.00 13 MATERIALS MARKUP 15% 19450.00) 14 EQUIPMENT MARKUP 15% 90.00 15' SUBONTRACTOR MARKUP 5% $0.00 TOTAL COST f$3,450.00) This change proposal is based on the usual cost elements such as labor, materials and approved overhead/profit and does not include any amount for interference, disrup~ons, rescheduling, change in the sequence of work. delays, and/or associated acceleration Pot[er Brothers expressly reserves the dght to submit charges for any of these items should we be faced with performing our work under any of these conditions. Porter Brothers reserves the right to submit charges for impact costs and/or time extensions associated with this cost proposal. This quote is valid for 10 days. This proposal does not include sales tax. r'/e&5OlymCcV1ew~N.W. · Silverdale, WA 983&3 phone (~)) 618 eg77, fax (,.e6e) ~ e588 e-mall eddress: ~~ltects,com Gold Mountain Clubhouse February 26, 2001 Request for Proposal//3 Delete skylights #80 thru and including/t89 as shown on sheet A-6, A-7, A-8, A-12 detail 3/A13, and Section 07700 oft. he specifications. Delete associated roof cricketing, and 4 skylight beams. Add roof joists, GWB, roof sheathing and roofing as required to knfill deleted skylight area. PORTER BROTHERS CONSTRUCTION, INC. 2222 Meridian Ave. E., Suite B · Edgewood, WA 98371-1009 (253) 927-2822 Fax: (253) 927-3881 March 5, 2001 Myrvang Architects Attn: Steve Myrvang 17035 Olympic View Rd. NW Silverdale, WA 98383 Re: Gold Mountain Clubhouse P.I~. #4 Revise Windows Steve: The cost to revise the windows to awning type per your request is enclosed. Please review. Sincerely, Gerald J. Munro Project Manager GOLD MOUNTAIN CLUBHOUSE PORTER BROTHERS CONSTRUCTION PR. # 4 REVISE WI'ixlDOWS GENERAL CONTRACTOR COSTS 1 SUPERVISION ( 2MH X $42.04) $84,04 2 LABOR $0.00 3 MATERIAL i $0,00 4 EQUIPMENT I~ $0.00 5 SMALL TOOLS 3% ! $0.00 iSUBTOTAL (ADD LINES 1-5) I $84.04 i SUBCONTRACTOR COSTS 6 R-'~B M!LLWORK $669.20 7 SUBS $0.00 81SUBS $0.00 91 UB $o.oo t0 SUBS $0.00 SUB $0.00 SUBTOTAL OF SUBCONTRACTORS $669,20 12' LABOR MARKUP 15% $0.00 13 MATERIALS MARKUP 15% $0.00 !4 EQUIPMENT MARKUP 15% $0.00 !5 SUBONTRACTOR MARKUP 5% $33.46 TOTAL COST $786,70 This change proposal is based on the usual cost elements such as labor, materials and approved overhead/profit and does not include any amount for interference, disrup~ons, rescheduling, change in ,'he sequence of work. delays, and/or associated acceleration Porter Brothers expressly reserves the right to submit charges for any of these items should we be faced with performing our work under any of these conditions Porter Brothers reserves the right to submit charges for impact costs and/or time extensions associated with this cost proposal. This quote is valid for 10 days. This proposal does not include sales tax. Whole4ele Oistrlbutons Of Building Materi~l~ Change Order Request Reeb Commercial Group 19809 89~ Avenue S Kent, WA 98031 800432-7332 voice 800.329-7332 fax Date: March 2, 2001 'To: Porter brothers construction 1 Jerry Fax #: (253) 927o5881 From: Jason Mayes Project: Gold Mountain Clubhouse Change Order Request Amount: $669.20 This request is to modify your original order. The change is as follows: Changing (10) windows #70 thru #79 from stationary to venting units per Request for Proposal #4 dated 2-28-01 (F-units). Please sign and return a copy of this request within 5 business days via fax to the above number, Attention: Jason Mayes, Accepted __ Date Print Name ..... Title PORTER BROTHERS CONSTRUCTION, INC. 2222 Meridian Ave. E., Suite B · Edgewood, WA 98371-1009 (253) 927-2822 Fax: (253) 927-3881 March 26, 2001 Myrvang Architects Attn: Steve Myrvang 17035 Olympic View Rd. NW Silverdale, WA 98383 Re: Gold Mountain Clubhouse C.C.D. #1 Over Excavate Steve: Enclosed is the cost for this work requested. If any additional information is required, please let us know. Sincerely, Gerald J. Munro Project Manager GOLD MOUNTAIN CLUBHOUSE PORTER BROTHERS CONSTRUCTION CCD # t OVER EXCUVATE/FILL I t GENERAL CONTRACTOR COSTS I SUPERVISION (20MH X $42.04) $840.80 2 LABOR (ire-set footings) (16MH X $38,60) $617.60 3 MATERIAL $0.00 4 EQUIPTMENT $0.00 5 SMALL TOOLS 3% .$18.53 SUBTOTAL (ADD LINES 1-5) $1,476.93 ! SUBCONTRACTOR COSTS ~ 6. H USTON EXCAVATING $17.836,24 71cOATES SURVEY $1,560.00 8]suBs 9 SUBS $0.00 10 SUBS $0.00 11 SUBS $0.00 SUBTOTAL OF SUBCONTRACTORS $19,396.24 12 LABOR MARKUP 15% $92.64 13 MATERIALS MARKUP 15% ,I;0.00 14 EQUIPMENT MARKUP 15% $0.00 15 SUBONTRACTOR MARKUP 5% $969.8i t TOTAL COST $21,935.62 This change proposal is based on the usual cost elements such as labor, materials and approved overhead/profit and does not include any amount for interference, disruptions, rescheduling, change in the sequence of work. delays, and/or associated acceleration Porter Brothers expressly reserves the right to submit charges for any of these items should we be faced with performing our work under any of these conditions. Porter Brothers reserves the right to submit charges for impact costs and/or time extensions associated with this cost proposal. This quote is valid for 10 days. This proposal does not include sales tax. (3ONSTRUCTION [] CHANGE C TECT [] CONTRACTOR ~] DIRECTIVE [] OTHER [] AIA DOCUMENT G714 (lr~tructio~s on reverse side. This docurr~nt replaces AIA Document G713, Construction Change Authorization.) PROJECT: GOLD MOUNTAIN CLUBHOUSE DIRECTIVE NO: 3_ tname, adurcss) GOLD MOUNTAIN GOLF COURSE DATE: 2-26-01 TO CONTRACTOR: ARCHITECT'S PROJECT NO: 2001 (narne. address) Porter Brothers Construction CONTRACT DATE: 2222 Meridian Ave. E, Ste B Edgewood, WA 98372-1009 CONTRACT FOR: You are hereby directed to make the following change(s) in this Contract: All work on items 1 through 4 listed in Associated Earth Sciences, Inc. field report dated 2/20/01, shall be performed as recommended. Work to be done on a time and materials basis as described in Article 12 -"Changes in the Work" of the General Conditions, Gold Mountain Clubhouse Project Manual, issued 9/1S/2000. I~.K~.4Z.I=2L" f PROPOSED ADJUSTMENTS 1. The proposesl basis of adiustment to the Contract Sum or Guaranteed ~aximum Price [] Lump Sum (increase) (decre',Ls¢) of $. [] Unit Price of $ per _ [] as provicled in Subparagraph 7.3.6 of AIA Doctunent A201, 1987 edition. 2. The Contract Time is proposed to (Le~ :d}'~:ed) (remain unchanged). The proposed adjustment, if any, is (an increase of days) (a decrease of days). When signed by the Owner and Architect and received by the Contractor, this document Signature by the Contractor indicates the Con- tractoVs ~Feement ~vffh the proposed adjust- becomes effective IMMEDIATELY as a Construction Change Directive (CCD), and the merits in Contract Sum and Contract Time set Contractor shall proceed with the change(s) described above, forth in this Construction Change Directive. Myrvanq Architects City of Bremerton ^RCH~EC~ OwN~ CON~C~O, 17035 Olympic View Rd ~ 680 r,~l'~ Rlvcl_ Address Address AddresS Siiverdale, WR 98383 Bremerton, ~ 98310 DATE~% · DATE AL~ DOCUMENT G714 · CONSTRUCTION CHANGE DIRECTIVE · ]987 EDITION · AI^® * © )987 · THE AMERICAN INSTIT1JTE OF ARCHITECTS, 1735 NEW YORK AVENHE, N W. WASHINGTON. D.C. 200¢~5 G714-1987 0~/~1/~801 13:~3 2067809~8 AESI BI P~GE 8~/8~ ASSOCIA TED EARTH SCIENCES, INC. 79 Ma, d~-on¢ Lane North . Bainbri,dse lsland~ Washi~gton 98110 .... , ..... (206) 780-.937~ DATE PROJECT NO. PROJECT NAME 2/20/01 Field Repm~ #1 KE00583 Gold Mtn. Club ttouse WEATHER LOCATION Clear 40's Gold Mountain Golf Complex, Bremen'ton, WA BLDG PERMIT NO. MUNICIPALITY STRUCTURAL ENGINEER City of Bremertola Ed Jonson and Associates TO: SteveMyrvang CIVIL ENGINEER 17035 Olympic View Road N.W. Silverdale, WA 98383 ARCHITECT ATTN: Steve Myrvaug Steve Myrvang CONTRACTOR Porter Brothers Constmctio~ AS REQUESTED BY: City of Bremerton THE FOLLOWING WAS NOTED: AESI Represemtative on site to observe subgrade of footh~gs lbr the new clubhouse under construction. The native subgrade soils in the basement area at fl~e northwest comer o:fthe project wexe a loose, moist, gray medimn sa~d. The subgrade probed 2-fee! plus ush~g a ½" stainless steel T-probe. To stepped footings leading to thc basement footing were observed to be loose m~d slougl~ing. Footings along the south and east walls generally probed dense and non-yield but subsequent excavations with a shovel ~mcovered a sigmficant quantity of organic, stumps and roots. AESI attended a meeting on-site with Pat Wesloff (City ofBremertonk Sleve Myrvang (Archilect), and Porter Bros. Construction. At/SI recommended the followia~g: 1. Basement footing subgrades. Over excavate 2-feet below subgrade and compact with roller or vibratory hoe pack on excavator to maximmn compaction using reasonable effo~.t Backfill with structural fill previously xused on-site 1o 95% of the modified proctor of 135.8. 2. Basemen! floor subgrade. Overexcavate 1-foot below floor subgrade and compact and backfill a,s in item #1 above. 3. Eliminate the 2 stepped lbotings to the basemenl. Compact native soils at basement over excavated elevation and backfill in 6" lifts using structural fill compacted to 95% of modified proctor. The same mefl~od may be used for fireplace subgrade. Ihe structural Engineer should be consulted regarding lhese changes. 4. Overexcavate footings along the south and east walls to remove all organic materials. Replace wSth stmclural · fill in 6" lifts compacted to 95% of modified proctor. AESI reconm~ends G~otech observations at time of'over-excavations COPIES TO: Ed Jonson, Pat Westoff FIELD REP.: Bob Hanford DATE MAILED: SIGNED: 30 HUSTON EXCAVATING commercial · residential March 7, 2001 ,Terry AAunro Porter Brothers Construction 2222 AAtridian Ave. E. 5te. B Edgewood, WA 98371 Dear ,Terry AAunro: ,Tack just informed me that the Time and AAaterials cost for the over- excavation at Gold Mountain Golf Course should hove been labeled Port one. The rest of this change order will not be complete until we ore ready for backfill. Please make the adjustment on the form l[ foxed over to you this morning, thank you. Sincerely, Vanessa L. Thompson Bookkeeper ,3( Office & Shop · 1320 S,E. Arcadia Rd. · (360) 426-0550 · Fax (360) 427-5835 · Shelton WA 98584 HUSTON EXCAVATING commercial · res/dent/a/ March 7, 2001 Jerry Munro Porter Brothers Construction 2222 Meridian Ave. E. 5te. B Edgewood, WA 98371-1009 Friday 3-2-01 7:,90AM - 4:00PM Footing Over-Excavation Gold Mountain Golf Course Time $ ~o~erio[s ~bor 2 ~ack - Supervisor $43.46 $86.92 6 ~ock - Loader $43.46 $260.76 6 Odus - Truck briver $38.74 $232.44 2 Odus- hazer $43.02 $86.04 8 Richard - Truck briver $ 38.74 $ 309.92 8 ~ustin- Excavator $43.46 $347.68 8 Je{{- Backhoe $43.02 $344.16 4 Ra{oe] - Labor $ 36 32 $144.48 2 Ro{oel - Loader $4~.46 $86.92 2 Ro{ae~- Roller $40.43 $80,86 4 D~ght- Supervisor $43.46 $173.84 Toro[: ~2,1 ~.02 8 Ka~o 700 Excow~or $48.25 $386.00 8 510 ~ Hoepac $33.81 $270.48 2 ~b 650 hazer $31,81 $63.62 8 644 3yd Loader $38.69 $309.52 2 Sokoi 5V 70 Roller $24.65 $49.30 14 10 yd Dump Truck $25.79 $361.06 To~o~: ~1,4~9.98 Materials 4D9.35 Tons Allen 5heare~ Zmpo~t $8.~D $3,789.64 Total: $3,789. ~ ~btotal: $7,383. ~ 5mall Tools ~% of ~): ~107.70 P~fit & O~head (~%): ~,107.~ Total Add: ~8, ~8.88 Office &Shop.° 1320 S.E. Arcodia Rd. · (360) 426-0550 · Fax (360) 427-5835 · Shelton WA 98584 Monday 3/5/01 7:30AM - 4:00PM Footing Over-Excavation Gold Mountain Gol~: Course Time & Materials labor 4 ~Tack - Loader $43.46 $173.84 4 3ack- Supervision $43.46 $173.84 8 ~Tustin - Excavator $43.46 $347.68 8 ,Taft - Backhoe $43.02 $ 344.16 4 Rofoel - Lobar $36.12 $144.48 4 Rafael- Roller $40.43 $161.72 4 Odus- Dozer $43.02 $172.08 4 Odus- Loader $43.46 $173.84 Total: $1,691.64 I~quipment 8 Karo 700 Excavator $48.25 $386.00 8 510 b Hoepoc $33.81 $270.48 4 650 Dozer $31.81 $127.24 8 644 3yd Loader $38.69 $309.52 4 Sokai SV 70 Roller $24.65 $98.60 Total: $1,191.84 Materials 440.02 Tons Allen Shearer ]~mport $8.25 $3,630.17 Total: $3,630.17 Subtotal: $6, §13.65 Small Tools (5% of Labor): $84.58 Profit & Overhead (1§%): $977.05 Total Add: $7, §7~. Z7 Office & Shop · S.E, 1320 Arcadia Rd. · .(360) 426-0550 · Fax C360) 427-5835 · Shelton, WA 98584 Tuesday 3-6-0J 7:30AM - 12:30PM Footing Over-Excavation Gold Mountain Golf Course Time & Materials 4.5 Dwight - Loader $43.46 $195.57 4.§ ~Tustin - Excavator $43.46 $t95.57 4.§ Odus- Dozer $43.02 $t93.§9 4.5 _ Richard - Roller $40.43 $181.94 Total: $766.67 Equipment 4.5 Karo 700 Excavator $48.25 $217.13 4.5 650 bazar $31.81 $143.15 4.5 644 3yd Loader $38.69 $]174.11 4.5 Sakai SV 70 Roller $24.65 $110.93 Total: $645.30 Subtotal: $! ,411.97 Small Tools (5% of Labor): $38.33 P~ofit & Overhead (1§%): $211.7c) Total Add: $1,662.09 Office & Shop · S,E, 1320 Arcadia Rd, · (360) 426-0550 · Fax (360) 427-5835 * Shelton, WA 98584 COATES SURVEYING SERVICE 5519-36th AVENUE E. · TACOMA, WA 98443 MOBILE 253/381-2168 · FAX 253/926-6747 March 15, 2001 INVOICE NO 00-53-02 CONSTRUCTION CHANGE DIRECTIVE # 1 PORTER BROTHERS CONSTRUCTION, INC. 2222 MERIDIAN AVE EAST SUITE B EDGEWOOD, WASHINGTON 98371-1009 PHONE: (253) 927-2822 FAX: (253) 927-3881 PROJECT GOLD MOUNTAIN GOLF COURSE FOR SURVEYING SERVICES FOR: March 7, 2001 (Daily progress sheet is attached) HOURS RATE March 7, 2001 26 $ 60.00 .......................................... $ 1,560.00 AMOUNT DUE THIS INVOICE .................................. ! s 1,56ooo I 5519 36th Ave. East Tacoma, Washington 98443 S M T(~I- F S (253) 381-2168 FAX (253)926-6747 DATE: JV~/~_..~ 72 ~.l~)~ PROJECT NUMBER: 00'53 PROJECT NAME: GOLD MOUNTAIN GOLF COURSE CLIENT: PORTER BROTHERS 2222 MERIDIAN AVE E. (253) 92z-2822 CONSTRUCTION, INC. EDGEWOOD, WA 98371 FAX (253,927-3881 P.E. RSONNEL WORKING ON PROJECT TODAY: I $ 60.00 IPER MAN HOUR PROJECT MANAGER HENRY COATES ~ FIELD TECHNICIAN ~ ~~~ ~ FIELD TECHNICIAN ~. ~~~ ~ FIELD TECHNICIAN Z~ ~ ~ ~ DESCRIPTION OF TODAY'S WORK ACCOMPLISHED FIELD CREW SUPERVISOR; tar), _/%)~ TOTALFEE $ /2.~ PORTER BROTHERS CONSTRUCTION, INC. 2222 Meridian Ave. E., Suite B · Edgewood, WA 98371-1009 (253) 927-2822 Fax: (253) 927-3881 April 30, 200] Myrvang Architects Attn: Steve Myrvang 7035 Olympic View Rd. NW Silverdale, WA 98383 L,~o~r~/v'~ountain Clubhouse C.C.D. #1 Final Costs Steve: Enclosed are the final costs for C.C.D. #1. These attach to the previous letter dated 3/27/01 and include all cost for the over excavation and backfill per request. If you have any questions please call. Sincerely, Gerald J. Munro Project Manager GOLD MOUNTAIN CLUBHOUSE PORTER BROTHERS CONSTRUCTION CCD# 1 FINAL COSTS GENERAL CONTRACTOR COSTS 1 SUPEVISION $0.00 2 LABOR $0.00 3 MATERIAL $0,00 4 i EQUIPTMENT $0,00 5 SMALL TOOLS 3% $0.00 SUBTOTAL (ADD LINES 1-5) $0.00 SUBCONTRACTOR COSTS 6i HUSTON EXCAVATING $8,4] 7,48 7'SUBS $0.00 8 SUBS $0.00 9 SUBS $0.00 t0 -;UBS $0.00 1!SUBS $0,00 SUBTOTAL OF SUBCONTRACTORS $8,4] 7.48 12 LABOR MARKUP 15% $0.00 , 13i MATERIALS MARKUP 15% I $0.00 I 14 EQUIPMENT MARKUP 15%It $0.00 r~ 15 SUBONTRACTOR MARKUP 5% I $420.87 ! TOTAL COST $8,838.35 ! This change proposal is based on the usual cost elements such as labor, materials and approved overhead/profit and does not include any amount for interference, disruptions, rescheduling, change in the sequence of work, delays, and/or associated acceleration I Porter Brothers expressly reserves the right to submit charges ifor any of these items should we be faced with performing our work , ~under any of these conditions. Porter Brothers reserves the right ~ /to submit charges for impact costs and/or time extensions ~ , , ) l associated with this cost proposal. I quote is valid for 10 days. This proposal does not include sales tax. Directive #! Part 2 Time & Materials Place Excess Material in Future Cart Shed Area Labor 1.5 Hrs. Dozer Operator $43.02 $64.53 1 Hrs. Roller Operator $40.43 $40.43 Total: $104.96 1.5 Hrs, ~TD 650 Dozer $31.81 $47.72 1 Hrs. Sakai SV 70 Roller $24.65 $24.65 Total: $72.37 Transport Worst of Unsuitable to Lower Parking Lot Lobar 1 Hrs. Truck Driver $38.75 $38.75 0.5 Hrs. Loader Operator $43.46 $21.73 Total: $60.48 1 Hrs. 10 yd Dump Truck $25.79 $25.79 0,5 Hrs, 644 3yd Loader $38,69 $19.35 Total: ~[~45.14 Backfill Additional Width Around Stem Wall Labor 0.5 Hrs. Dozer Operator $43.02 $21.51 Total: $21.§1 0.5 Hrs. ,TD 650 Dozer $31.81 $15.91 Total: $15.91 To Compact with ~Tumping, ~Tack Extra Fill Around Stem Wall Labor 1.5 Hrs. Labor $36.12 $54.18 Total: $~4.18 Subtotal: $374. ~4 Small Tools (5% of Labor): $189.66 Overhead & Profit (15%): $§6.18 Total Add: $620.37 Office & Shop · S,E, 1320 Arcadia Rd. · (360) 426-0550 · Fax (360) 427-5835 · Shelton. WA 98584 Directive #1 Part 2 ~Etem 4 Materials 821.83 Tons Allen Shearer Transport $8.25 $6,780.10 Total: $6,780.10 Subtotal: $6,780.10 Overhead & Profit (!§%): $1,017.0! Total Add: $7,797. ~ ~ Office & Shop. S,E~ 1320 Atcodia Rd, · (360) 426-0550 · Fax (360) 427-5835 · Shelton. WA 98584 PORTER BROTHERS CONSTRUCTION, INC. 2222 Meridian Ave. E., Suite B · Edgewood, WA 98371-1009 (253) 927-2822 Fax: (253) 927-3881 April 30, 2001 Myrvang Architects Attn: Steve Myrvang 17035 Olympic View Rd. NW Silverdale, WA 98383 Re: Gold MountE]in Clubhouse C.O.P. #5 Septic System Steve: Enclosed is the cost for the septic system as designed. We have included the treatment system, drainfieid, electrical components, all survey and asbuilt. We have not addressed any restoration of your existing practice area. Please call with any questions. Sincerely, Gerald J. Munro Project Manager GOLD MOUNTAIN CLUBHOUSE PORTER BROTHERS CONSTRUCTION COP # 5 SEPTIC SYSTEM GENERAL CONTRACTOR COSTS 1 SUPERVISION (24MH X $42 04) $1,008.96 2 LABOR $0.00 3l MATERIAL(plans pickup/delivery) $250.00 4 EQUIPTMENT $0.00 5 SMALL TOOLS 3% $0.00 SUBTOTAL (ADD LINES 1-5) $1,258.96 SUBCONTRACTOR COSTS 6 HUSTON EXCAVATING $142,411.1 7 7 COATES SURVEY $5,000.00 8 PACIFIC ELECTRIC (elect panel revisions) $15,011.97 9 PACIFIC ELECTRIC (septic power & hook up) $22,903.58 10 SUBS $0.00 11 SUBS $0.00 SUBTOTAL OF SUBCONTRACTORS $! 85,326.72 12 LABOR MARKUP 15% $151.34 13 MATERIALS MARKUP 15% $37.50 14 EQUIPMENT MARKUP 15% $0.00 15 SUBONTRACTOR MARKUP 5% $%266.34 TOTAL COST $196,040.86 This change proposal is based on the usual cost elements such as labor, materials and approved overhead/profit and does not include any amount for interference, disruptions, rescheduling, change in the sequence of work. delays, and/or associated acceleration Porter Brothers expressly reserves the dght to submit charges for any of these items should we be faced with performing our work under any of these conditions. Porter Brothers reserves the dght !to submit charges for impact costs and/or 'dine extensions associated with this cost proposal. J This quote is valid for 10 days This proposal does not include sales tax. HUSTON EXCAVATING commercial · res~dent~al 4/4/01 Gold Mountain Club House Septic System (no electrical, layout or landscape restoration) LABOR AT DRAINFIELDS Quantfly Unit Description Price Amount 8 Hrs. Dozer Operator $34.14 $273.12 80 Hrs. Backhoe Operator $23.66 $1,892.80 80 Hrs. Pipe Layer $29.01 $2,32O.8O 40 Hrs. Labor $28.53 $1,141.20 20 Hrs. Truck Driver $30.68 $613.60 40 Hrs. Crew Foreman $29.01 $1,160.40 Subtotal Direct Labor:. $7,401.92 EQUIPMENT AT DRAINFIELDS Quantify. Unit Description. Price Amount 80 Hrs. Backhoe $31.81 $2,?.~..80 20 Hrs. Dump Truck $25.79 $515.80 8 Hrs. Dozer $31.81 $254.48 Subtotal Equipment:. $3,315.O8 LABOR AT TANKS Quantity. unit Description Price Amount 24 Hrs. Excavator Operator 23.66 $567.84 16 Hrs. Backhoe Operator 23.66 $378.56 32 Hrs. Pipe Layer 29.01 $928~ 24 Hrs. Labor 28.53 $684.72 24 Hrs. Truck Driver 30.68 $736.32 24 Hrs. Crew Foreman 29.01 $696.24 Subtotal Direct Labor:. $3,992.00 EQUIPMENT AT TANKS Quardfly Unit Description Price Amount I IS. Crane Rental $2,080.00 $2,080.00 24 Hrs. Excavator $48.25 $1,158.00 16 Hrs. Backhoe Hoepac $33.81 $540.96 24 Hrs. Dump Truck $25.79 $618.96 Subtotal EquipS. $4,397.92 Page 1 Office & Shop · 1320 S.E. Arcadia Rd. · (360) 426-0550 ' Fax (360) 427-5835 ' Shelton WA 98584 LABOR AT TRANSPORT lINE'S, TESTING AND TRIM Quantity. Unit Description Price Amount 48 Hrs. Backhoe Operator $23.66 $1,135.68 48 Hrs. Pipe Layer $29.01 $1,392.48 48 Hrs. Labor $28.53 $1,369.44 12 Hrs. Asphalt Raker $28.53 $342~6 8 Hrs. Dozer Operator ~4.14 $273.12 24 Hrs. Crew Foreman $29.01 $696~4 3 Hrs. Truck Driver $30.68 $92.O4 Subtotal Direct Labor:. $5,301.36 EQUIPMENT AT TRANSPORT UNE'S, TESTING AND TRIM G~uantity Unit Description Price Amount 24 Hrs. Backhoe $31.81 $763.44 24 Hrs. Backhoe Hoepac $33.81 $811.44 8 Hrs. Dozer $31.81 $254.48 3 Hrs. Truck $25.79 $77~7 Subtotal Equipment:. $1,906.73 MATERIALS Quantity Unit Description Price Amount 1 LS. Utility Vault Company (see attached) $25,770.00 $25,770.00 I LS. H.D. Fowler Company (see attached) $27,976.70 $27,976.70 180 CY Dminrock (including truck) $12.83 $2,309.40 6 Tons Class B Asphalt $2&00 $16~L00 20 Tons Pea Grovel (including truck) $12.83 $256.60 I IS. Nibbler Installation (see attached) $36,125.00 $36,125.00 Total Materials: $9~,605.70 Page 2 ~ ~ Shelton, WA 98584 Office & Shop · S.E. ~ 320 Arcadia Rd. · (360) 426-0550 · Fax (.,60, 427-5835 · SUMMARY Direct Labor at Dminfields $7,401.92 Direct Labor at Tanks $3,992.O0 Direct Labor at Transport Lines and Miscellaneous $5,301.36 Total Direct Labor:. $16,695.28 Insurance's (22%): $3,672.96 Subtotal: 520,368.~4 Safety (2%): $407.36 Total Labor:. $20,775.61 Equipment at Dminfields $3,315.O8 Equipment at Tanks $4,397.92 Equipment at Transport Unes and Miscellaneous $1,906.73 Total Equipmerrl:. $9,619.73 Total Materials: $92,605.70 Total Labor, Equipment and M~;erials: $123,OO1.O4 Smell Tools (5% Direct Labor): $834.76 Subtotal: $123,835.80 Overhead & Profit (15%): $18,575.37 Total Add: $142,411.17 Page 3 Office & Shop · S.E. 1320 Arcadia Rd. · (360) 426-0550 · Fax (360) 427-5835 ° Shelton, WA 98584 COATES SURVEYING SERVICE 5519-36th AVENUE E. · TACOMA, WA 98443 MOBILE 253/381-2168 · FAX 253/926-6747 March 15, 2001 PORTER BROTHERS CONSTRUCTION, INC. 2222 MERIDIAN AVE EAST SUITE B EDGEWOOD, WASHINGTON 98371-1009 PHONE: (253) 927-2822 FAX: (253) 927-3881 CONSTRUCTION SURVEYING QUOTATION PROJECT: GOLD MOUNTAIN GOLF COURSE --¢ PROPOSAL REQUEST # 20NSITE SEWER SYSTEM t SUBJECT: WE PROPOSE TO PROVIDE THE CONSTRUCTION SURVEYING NECESSARY FOR THE CONSTRUCTION OF THE ONSITE SEWER SYSTEM AS SHOWN ON THE GOLD MOUNTAIN GOLF COURSE ONSITE SEWAGE DESIGN PLAN AS DRAWN BY D.R.STRONG CONSULTING ENGINEERS, INC. (3 SHEETS) THIS LUMP SUM PROPOSAL IS BASED ON THE ASSUMPTION THAT THE PLANS REPRESENT THE BASIC IDEAS BUT ARE SUBJECT TO SOME REVISIONS. ALL LAYOUTS SHALL BE FROM APPROVED PLANS ONLY. AN AUTO CAD COPY OF THE APPROVED PLANS ARE NECESSARY BEFORE LAYOUTS CAN PROCEED. PROPOSED LUMP SUM $5,000.00 Henry W. Co~s, P.L.S. 85/07/2601 8S:,43 3E, 03773c.J40 PC,.C;FiC ELECTRIC PAGE 8'; EQbqTABLE ADJ~'STMENT DATA FORM Esfima~ Additional Cost Due To Change~'Added Work WR ~ 12935 ~SC~~OF ~DED WORK: DATE'. 05.~.01 SEP~C PANEL ~VISIONS 1. Labor - Wages & F~ges paM to ~ployee ~a) .................. ~$5,441~80 2. tabor. I'~xe~ & mw~ance. 20% of line t 3: t~bor - ~mg,~ paid m fan~s, not to :n~!,~yee (b~ ....................... $1,160. fi2 4. L~bor - Your owm. !a~r ( c ) '5 ............ Subtotal (add lines 14) .... : ................................. $6,602.32 6~ WISHA Compli~ce-2% of l~e 5 $132.05 7. Material - exclu~ng sales/use ~axe, (d) ...................................... $5,989.4~ 8. Equ~pmm: - Rental, iaetudmg sales (e) ......................................... 9. Eqmpmmt - Owned (~ I0. Small Tool allowance 5~; of line 5 $330.12 1 t ............... Subtotal l~add lln~ t-4 and 6-10) ............................ $t3,053.89 !2~ ~erhead & ~vfit- 15% of line 11 .................................... $1,958.08 ~3 ............ TOI~ {ad4 ltnt~ I1 & 12) .......................................... $I5,011.97 Per Diem ( ~e ~acked) YotrR 14. Lab<,r - W~ges & txmges paid to employee (a) ............................ !5 Labor - Taxes & lmarance - 20% of line I t ............................... l& Labor- Fnnges pa~d ~e ~nds, not to employee 17. Labor - Your su~on~a~or:s o~ ~bor ( c I 19. EquiF!nenr - R~t~[, includk~ sMes/use tax ?e) 20,. Equipmeu: - Ch~ed (D ........................................................ 21 ......... Sn~otai (add ~e~ 14-20) ...................................... 22. Overhead & Profit ~ 20% of ime I8 ................ 23 ............. Snblotnl (~dd lines 11 & 11) ....................................... LINE 23 MAY IO EXCEED QUOTED PRICE TO YOU' 24. Super~'~sm e~'your subconaaclor- Overhe0.d & Profit - I0% of tale 23 25 ......... Sublotal { add lint~ 13.'23, 24) .......................... 26. Bond, where aleplicabl¢ -- 2- I/2% of line 25 ................................ 27 ............. -l'o'r.,ao EQUITABLE ADJUSTlVtENT (add lines 25 & 26)_ $1J,011.97 · DE'FAIES SUPPORYt-ING AMOUNF ON LINES 1 thra g, 14 thru 20 mad 24 ARE ON REVER~E SIDE Estimated affect ox rime for Completion .1~ Work days after No~ice to Proceed Time fo~ Completion may be fnxr~her affect*d by any suspensio~ of work pending authorization to proceed with change.~,'~dded work.. Pa¢iE¢ F. lecmc Comloatry Compa~v Name (T),~ped or Printed) Signalure Da~.e ~5/87/2C0i ~8:~3 ~603773Sd~ PACIFIC ELECTRIC PAGE EQUITABLE &DFC, S-I~IENT DATA FORM P,rim¢ Coallr~ctor page 1 of 2 Seperitely list ),our zslim~tzd co~t~ Materi~.s :31/2 PVC ¢ 221 $t32,00 "3i/2 BELL - :A 1 $3.80 ~$3.S01 31/2 ~)DEG~E GRS ELL ~A I ~ 31.2 LN E4 2 $4,50 $9,00 '~ ]/2 P~ E.~ 1 $,2,40 $2_40 L100O.M-D~ TO 12(~ ~ GEAR. LOT QUO~ '21/2 GMT ~ 30 $130.00 $3900 ~ BM'r 90 DEGREE ELL ....... EA 3 $13.00 $39.00 2t/2 EMI CDR: gA ~ $12.70 $25,,t0 2U2 EM'I' COUP. EA 9 $16.40 $147,60 250 MCM ~tW AL FY i~ $1.40 $252.00 CO~ D~L EA 2 $i25,00 $250.00 F. NG~TE.~I>~G LOT $75.00 $75.00 ~L, INC~S ~TCHGEAR LD: 300LBS ~10000 ~ER D~CH LOT $80000 $8~.00 T~I Maxcriats ..... ~ $5,989.40 Wage Classification Hour~ Ho~:'ly Ho~ly Fdzige tc F~mge to Tomt(a) ~I ~ wi~. Rate F~ge [ Employee FmC(b) FOR~:Nt~ '~[il 8 3 $36 00 ~9,ai ~ $):183.00 $LI60.52 $4,258.80} ~oiil houa 1118.3 ......... S 1,183.00 $t,160.52 $4,25g. gOj Owner/Operator Name Hours Wage Rate Total© EQurrABL£ ADA:STMENT D.ArA P.'.sdmated Additional Cost Due q-o Changed;Ad.J~d Work ~,t~ 12935 ~~ OF ~DED WO~: ...... D~TE' S~IC POX~R & HOOK I. Labo~- Wag=s & Ffiuges paid to e~pl%,ce ~a) ........................ $ ~ 1,27552 2. Labol- Taxes & h~sul~ce - ,.0,-(~ cf 3- tab~ - Fmges paid to ~a~.ds', not to employee (b) ...................... $1,~.63 ~. La5~ - Your o~ labor ( c ~ ............................................. ~ ............ Subtotal (add lines 1~) 6. WIS}~ Comp ~ce .... , of line 5 7. Matel~ai - excluding sales/use taxes (d~ ............................... 55~78.40 9. Equipment - (~ed ~0 ............................................ 20, Small Tool allowance 5% of l~e 5 $684.01 11 . ...... Subtotal (add lines 1-4 snd 6-10) ......................... S19,qi6.16 12. Ove~t~ad & Profit - 15% of line ] l ................................... $2,987.42 13 ............ ~OT~ (add lines 11 & ll) .............................. 14. Labcr- Wage~ & f~es paid to employee ~a) 15. Labor .-Ta~es & insut~ce - 20% of line I l 16. I,~or - Fringes paid to ~tn~, not to ~pic3 ee ih) ............. 17 Labc, r - Your suEcon~actor'~ Gym labor ( c ). t~, biat, r~al- [nclud~g sa es:uae taxes (d) tP. Equipment - gmlml, includmg satei,':tse tax 20. Equipment - q~ed (t~ ............................................... 2~ .... Subtotal (add !Jnes lt-~0) 22 ~,,erkead & ~ofit- 2~a of line I8 ................................... 23 ............Subtotal (add ~ne~ 21 & Il) LINE 23 MAY TO EX~.~..ED QUOI'ED PRICE TO YOI' 24. Supervisor of your sub¢ontxactor- Overhead & Profit - 10% of tree 23 25 .......... Subtotal ( add line~ 13, 23, 24) ................................. $22>903.58 2fi Bond, where ~licable -.2-I/2% of line 2> ............................ 27 ............. TOT~ EQ[~T~&BLE ~JS~.NT (add lines ~5 & 26). .$22,903.58 DETAILS SL~PORT~O .~'OUNT ON I.~ES 1 ~x 9, 14 ~ 20 and 24 Estimated afl2ct on Time fe~ Cor~p!etion 31 W,~k days after Notice to Proceed Time tb~ CompteUon may be faah~ affected by any suspensxon of ~ork pending authorization to proceed wi~ C~ng,i'added work. P&cific Eiectnc Company Company Name (Tj"ped or Printed) Signature Date 95/'87/2681 ,~9:5.'3 .'5603773~48 P/~CiF'r;2 £LECTPZC PC, GE ["~-,3_ q EQUITABLE ADJ!;St'MEN~T D^TA FORM page i of 2 $cperatet7 list your estimated cost~ Materials l~cnrificanon U.q' Qaantit'y Unk Cost ]'Taxes Total Co~t(d) Hook-up 1'2 HP septic purr~ 'LOT 4 ~ S0.0O ~10 THHN FT 1400 ~¢~6~ f84,00 MOU~t Colt~o[ P~els iOT '~ $0.00~ $0.00 ~14 F-r I480 $0.o3 ~ 544,40 664 PVC ~ox EA 7 $10.00~ 6X6 Exp: P~f CL Div 1 J'be~ "QUAX" EA ' S120.00~ 5%40,00 ~ PVC C 1320 $26 O0 1.8 t7I` 6000 $0.10 $600.~ ~12 --~'F 500 $0.04 ,, ~ '* ~ .' , ~[~5'r 2 "I/3 HP pmmps .;~______ $0,O0 ~ 30.~ 3/4 Seal offs ~1~.4 ! $8.00 , $1~ Ditch ~~7gv, ....... ~,, $4,25 $2,975.~ ~seat c, ffs ~ 4} $12.00 ~ $48 00 'rol~ M~terials ~ $5,278.4~ L2boT Wage ~te Fringe E~loyee ¢1 f S2,431.29 $2,4()d 63 $8,824.32 'i' 152,451.20 $2,aO&63 - Total hour~ 245.12 ~,,~ ........ O N[~me~___ ,.iH°uTs Wage Rate Totat~ t AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: 1. Washington State Traffic Safety FOR AGENDA:-~ Commission Bremerton-Kitsap County Traffic Safety ORIGINATING DEPT: Police Task Force Project. 2. Traffic Safety Coordinator ORIGINATOR: Tim Sholtis Employment Service Contract DATE SUBMITTED: 5-17-2001 2. CLEARANCES: ~9, mment on back if necessary) 3. EXHIBITS: Treasurer ~ , · Project Agreement Documents and Police Chie~ //'~. / Employment Service Contract Budget & Fiscal Committ,~ee(..~'~.----~ Operations Committee ~ ENDORSEMENT X INFORMATION [-'] COI.INgIE PR,ESDENT: / · 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City applies for and accepts the Washington Tra,~fic Safety Commission Bremerton-Kitsap County Traffic Safety Task Force Project Grant funding of $70,00~0. A local match of seventy-five percent (75%) is required for this project. Cash match is not required. New money is not needed. This project directly contributes to the reduction and severity of traffic related deaths and injuries in Kitsap County. In addition, the grant establishes and serves as the primary funding source for the Traffic Safety Coordinator's salary and wages. The Traffic Safety Coordinator Employment Service Contract outlines the terms of employment and identifies the specialized duties required for the Coordinator's position. 5. RECOMMENDATION: 1. Move to approve applying for the .grant project funds and 'administering the project agreement with the Washington State Traffic Safety Commission (WTSC); and 2. Move to accept and approve the employment contract with SHirley Wise as Traffic Safety Coordinator. 6. RESPONSIBLE OFFICIAL: Mayor ENFORCEMENT OFFICIAL: Chief Forbes EXPIRATION DATE: 06/30/2003 REVIEW DATE: 7. NOTICE OF ACTION: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: The City and County will lose the position and use of the funds. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The funds are used to employ a Traffic Safety Coordinator. In the absence of the position, expected DUI deterrence goals will not be met. Seatbelt educational programs on usage will be stopped. Programs to facilitate reducing underage drinking and young driver fatal and serious injury collisions will be eliminated. Finally, supplemental bicycle safety and pedestrian education programs in the community will be terminated. 11. RESEARCH SOURCES: Bremerton-Kitsap County Health District - US Census Bureau - Kitsap County Demographics; Office of the Administrator of the Courts; Washington State Traffic Safety Commission; and local surveys. Wash i ngton Traffic Safety Com mission Project Agreement ATTACHMENT B Rev. 2/02/01 Washington State Traffic Safety Com mission 1000 South Cherry Street PO Box 40944 Olympia, Washington 98504-0944 Phone (360) 753-6197 Fax (360) 586-6489 www. wa.gov/wtsc Section 1 Authorization Project Title: Bremerton-Kitsap County Traffic Safety Task Force Type of Application: Initial Revision: WTSC Tracking Number WTSC use only Ownership of facilities or equipment, acquired through this funding, shall be vested with the applicant agency, not the state of Washington. However, facilities or equipment acquired through this agreement shall be utilized and retained in highway safety operations during the useful existence of such equipment or facilities. Costs incurred for maintenance, repairs or support of such equipment or facilities shall be borne by the applicant agency. Further, it is understood and agreed that the activity covered by this project, as more particularly described in sections 2 and 3 attached thereto and made a part hereof, is undertaken under authority of Title 23, United States Code and is subject to the administrative regulations established by federal guidelines and the Washington State Traffic Safety Com mission. Applicant Agency/Organization: Bremerton Police Department Project Director Information: Name: Robert D. Forbes ~-~ Address: 239 4~ Street Title: Chief of Police City, State, Zip: Bremerton, WA. 98337 Signature E-mail Address: rforbes(~cl, bremerton.wa.us Area Code: (360) Phone: 478-5224 Applicant Agency Authorizing Official (person with contracting authority) if different from above: Organization: City of Bremerton Name: Lynn S. Horton Address: 239 4th Street Title: Mayor City, State, Zip: Bremerton, WA. 98337 Signature Area Code: (360) Phone: 478-5266 WTSC Use Only: WTSC Program Manager Planned Project Duration: From: October 1~ 2001 To: September 30~ 2003 Approved by: Name: Federal (liSP) Project Number: Title: Director~ WTSC Federal Funds (obligated)$ Signature: CFDA Number Date: Certifications and Assurances it is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties, as indioated shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the common Rule, OMB Cimular A-102, in order to standardize and simplify federal grants. The signature below of an authorized representative of the applicant agency certifies and assures that all the following conditions will be met. 1) Reports - The Contractor shall submit quarterly reports, a final report at end of project, and submit special reports as outlined Project Agreement, Addendum A, Billing and Report Requirements. 2) Copyri.qhts, Publications, and Patent-~ - Where activities supported by this project produce original copyright material, the Contractor may copyright such, but the WTSC reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The Contractor may publish, at its own expense, the results of project activities without prior review by the WTSC provided that any publications (written, visual, or sound) contain acknowledgment of the National Highway Traffic Safety Administration (NHTSA) and the WTSC support. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether or not patent protections will be sought, how any rights will be administered, and other action required to protect the public interest. 3) Termination - This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the Contractor due to non-availability of funds, failure of the Contractor to accomplish any of the terms herein, or from any change in the scope or timing of the project. 4) Fiscal Records - Complete and detailed accounting records will be maintained by the Contractor of all costs incurred on this project, including documentation of all purchases of supplies, equipment, and services; travel expenses; payrolls; and time records of any person employed part-time on this project. Federal, state, or WTSC auditors shall have access to any records of the Contractor. These records shall be retained for three years after the final audit is completed and all questions resolved. 5) Funding - The Contractor will utilize funds provided therein to supplement and not to supplant state and local funds otherwise available for these purposes. Funds are to be expended only for purposes and activities approved herein. Reimbursement will be made periodically by VVTSC for its share based on approved cost reports. -The Contractor will expend from nonfederal soumes the required matching amounts, which shall be expended not later than 30 days following the completion of the projects. 6) Cost Princioles and Grant Management - The allowability of costs incurred and the management of this project shall be determined in accordance with the Office of Management and Budget (OMB) Circular A-87 and 49CFR, Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. 7) Obligation Funds - Federal funds may not be obligated prior to the effective date or subsequent to the termination date of this project period. Obligations outstanding as the termination date shall be liquidated within 30 days. 8) Changes - The Contractor must obtain prior written approval from the WTSC for major project changes, including: changes of substance in project objectives, evaluation, activities, the project manager, key personnel, or project budget. 9) Income - Income earned by the Contractor with respect to the conduct of the project (sale of publications, registration fees, service charges, etc.) must be accounted for and income applied to project purposes or in reduction of project costs. 10) Purchases - Purchase of equipment or services must comply with state or local regulations. After the end of the project pedod, equipment will continue to be utilized for highway safety purposes or will not be disposed of without written approval of the WTSC. The Contractor shall make and maintain an inventory of equipment to include descriptions, se~ri~al numbers, locations, costs or other dent fy ng information, and submit a copy to the WTSC. 11) Third Party Participarlts - No contract or agreement may be entered into by the Contractor related to this project, which are not incorporated herein and approved in advance by the WTSC. Shall be provided that he the Contractor will retain ultimate control and responsibility for the project. WTSC shall be provided with a copy of all such contracts and agreements entered into by Contractors. Any contract or agreement must allow for the greatest competition practicable and evidence of such competition or justification for a negotiated contract or agreement provided to the WTSC. 12) Minority-Owned & Women-Owned Business Enterprises - The contractor will utilize minority-owned and women-owned business enterprises, if available, which are certified by the Office of .Minority and'Women's Business Enterprises under the state of Washington Certification program. The WTSC established goals of the dollar value of all contracts awarded by the Agency. The percent of 10.1 be awarded to minority-owned businesses and 4.0% be awarded to women-owned businesses. The authority for this requirement is RCW 39.19 es seq. and rules promulgated thereunder. (Federal Funds only.) 13) Americans with Disabilities Act - In the performance of this agreement, the Contractor shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 20C)d, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 RCW, and Title I of the Americans with Disabilities Act 42 USC 1211 - 12117 as now or hereafter amended. The Contractor shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to include taking affirmative action necessary to accomplish the objectives of this part and denying an ~!ndividual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others. 14) Political Activities - No funds, materials, equipment, or services provided herein shall be used for any partisan political activity or to further the election of defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of congress, or an employee of a member of congress, an officer or employee of congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 15) Single Audit - State and local governments that receive federal assistance are subject to the audit requirements of the Office of Management and Budget (OMB) Circular A-128. An institution of higher education or a nonprof'K entity must comply with audit requirements in OMB Circular A-133. An independent audit of the financial operations, including compliance with provisions of federal law and regulations of all funds expended, must be arranged for by the contractor. A copy of the completed audit must be submitted to the WTSC. 16) $.eat Belt Policy - No funds, materials, property, or services will be provided to any political subdivision that does not have a concurrent and actively enforced policy requiring the use of seat belts. 17) Drug Free Workplace - In accordance with the Anti-Drug Act of 1968 41 USC 7C)2-707 and Drug-Free Workplace, 42 USC 12644, the WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub-grantee of the Agency and/or any such activity is prohibited in the workplace. 18) Debarment and Suspension - The applicant agency certifies, by submission of this proposal, that neither it or its pdncipels is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Applicant Agency Authorized Signature Date Washin Traffic Safet~ Commission Section 2 Description of Activity In this section, the following five elements should be defined in narrative form: (1) Problem Identification, (2)Project Goal(s), (3) Project Activities and Tasks, (4) Project Evaluation and (5) Budget Narrative (explain how funds will be used and details of any matching funds.) Please clearly label each element using the titles listed above, and limit Section 2 to three single'sided pages using nothing smaller than a 12-point font. Mission Statement: To reduce the number and severity of traEic related deaths and injuries within Kitsap County. Present Status The Bremerton-Kitsap County Traffic Safety Task Force has been in exisistance since July 1990. Since this time substantial declines in alcohol related traffic collisions have occurred but the total number oftra~c collisions are increasing. The task force has developed an extensive network of individuals and groups interested reducing and working on the problems of impaired driving, occupant protection, high-risk behavior such as speed and youthful drivers, and bicycle and pedestrian issues. The task force is made up of a multifaceted netwoi:k of individuals, organizations, and agencies representing law enforcement, emergency medical services, substance abuse/prevention, health department, criminal justice, military, and education. Problem Identification Kitsap County occupies a unique portion of the State o£Washington, directly between the urban areas of Seattle and Tacoma and the wilderness of the Olympic Mountains. It is bounded by the Hood Canal on the west, Puget Sound on the east, and Mason and Pierce Counties to the south. The current population of Kitsap County is estimated at 231,969. Kitsap County is situated along the western shore of the central Puget Sound region. It comprises a total land mass of 393 square miles (or 0.6 percent of the state's total land mass). As such, Kitsap County ranks 36th in size among Washington counties and is the 2nd most densely populated county in the state. (Source: Kitsap County Demographics) Kitsap County is the home to three major military installations with an estimated population of active duty personnel only of 10,511 and two tribal reservations with the estimated population of 3,462. In the last twenty-five years, Kitsap County's population has increased 116.8 percent. The state's population, by comparison, rose 59.1 percent. (Source: Bremerton-Kitsap County Health District - US Census Bureau - Kitsap County Demographics) In 2000, youth and children made up 28% of the total population in Kitsap County. There were approximately 29=750 youth age 10-17 years and 40,000 children younger than 10 years old. The racial composition of Kitsap County youth younger than 18 was 86% white, 8% Asian, 4% African American, 2% American Indian, and nearly 7% were of Hispanic origin. (Source: Healthy Youth - Kitsap County 2001) Motor vehicle and other unintended injuries caused 37% of deaths among youth aged 12-19 in Kitsap County between 1994-1998. Homicide and suicide accounted for an additional 29%. Because injuries caused nearly two-thirds of deaths among county youth in this period, Preventing injuries and deaths in motor vehicle and bicycle crashes are important goals. (Source: Healthy Youth - Kitsap County 2001) A survey ora representative sample of the county population in 1999 indicates that alcohol and drugs are perceived as the biggest social problem in the county. (Source: 2001-2003 Kitsap County Collaborative Needs Assessment) According to BAC data gathered from Washington State Patrol for the first 3 months of 2001, Kitsap County averages approximately 100 DUI arrests a month. In 2000 there was !, 182 DUI cases filed in Kitsap County with 593 awarded deferred prosecution. (Source: Office of the Administrator of the Courts) Washington State Patrol reportable traffic collisions in 2000 for Kitsap County was 1,231, 18 of them being fatal with unknown alcohol usage at this time. The City of Bremerton in the year 2000 had a total of 1,278 reported collisions with 3 fatalities; 49 of these collisions were alcohol /drug related. 1999 Kitsap County had a total of 18 fatalities with 6 of them being alcohol related or 33%. This is a tremendous decrease compared to 1998 where 8 out of 12 or 75% were alcohol related fatalities. Seven in ten youth have tried alcohol at least once. About 29% of youth say they have consumed five or more drinks of alcoho} on a single occasion within the past month (binge drinking). 52% said binge drinldng was not ham~l. 45% said a lot of kids in their school district had a drug or alcohol problem, and 43% said kids used drugs and alcohol at parties they themselves attend. (Source: Healthy Youth - Kitsap County 2001) Seatbelt usage rate in Kitsap County varies from 62% in area's of tribal and high school populations to 91% on military installations. (Source: Seatbelt surveys conducted countywide) Observed bicycle helmet use has increased since 1997; we believe this to be because of bicycle helmet laws that have been implemented in the cities ofPoulsbo, Bremerton, and Bainbridge Island. (Source: WTSC Annual Bicycle Helmet use Observation Survey) Bremerton reported 21 bicycle collisions in 2000, 18 of them were injury. The number of pedestrians killed in Kitsap County has increased every year since 1997. (Source: WTSC) The City of Bremerton reported 23 pedestrian collisions in 2000, 20 of them injury and 1 fatal. 55- Pro,iect Goals Goal #1 Reduce the number of collisions and increase occupant protection usage and child passenger safety. Objective: Reduce the collision rate by 5% and increase seat belt usage byl0%. 2000 reportable collisions: 1,231 Goal 2003:1,160 2000 occupant protection use: 81% Goal 2003: 91% Activities: · Coordinate with statewide campaigns, providing assistance with media and PSAs on occupant protection issues and child passenger safety. · Develop and disseminate press releases/PSAs and public awareness campaigns to increase knowledge about and change community attitudes promoting safe driving, increase occupant protection usage and other traffic safety issues. · Participate in the 3-Flags prOgram supporting blitz's and distribute localized promotional and educational campaigns that are developed. · Provide support and educational/safety presentation and information to the community at safety fairs, county fair, local countywide schools and -~military facilities on crash dynamics, road rage, risk taking behavior, occupant protection and child passenger safety. · Coordinate the Kitsap Child Passenger Safety Team, conducting monthly car seat check-ups and at least 4 GM dealership held safety events/car seat check-ups each year. Goal #2 Continue to increase DUI deterrence through interage~ncy law enforcement coordination and cooperation, reduce the number of fatal collisions, number of alcohol-involved collisions, and to decrease economic losses. Objective: Reduce alcohol and drug related fatal collisions by 10%. 2000 total fatalities: 18 Goal 2003:16 1999 alcohol related fatal: 6 Goal 2003:5 Activities: · Coordinate and conduct monthly multi-jurisdictional traffic safety emphasis patrols with the target being zero tolerance on DUI, speed, and non-seatbelt use. Identify problem areas and designate dates and times for each monthly patrol. · Report to the media results from monthly and special traffic safety emphasis patrols giving data on contacts and numbers reached. · Provide press releases targeting holiday, high-risk, and~ 3-Flags blitz periods on traffic safety issues. · Compile, track and disseminate information and statistics regarding the frequency of DUI arrests, alcohol-involved traffic collisions, and DUI emphasis patrols. · Continue to assist the DUI victim's panel by providing educational talks. · Monitor the evaluations on the success of the adult and youth victim panel's. · Continue to provide educational/safety presentations on the consequences of impaired driving to all military facilities, driver's education classes, and other community requests. · Provide DUI and traffic related tra'ming opportunities for county and municipal agencies in cooperation with the Washington State Patrol, Criminal Justice Training Center, Kitsap County Sheriffs Office, and the Washington Traffic Safety Commission. · Attend law enforcement related training and conferences for the purpose of identifying new and innovative strategies, funding opportunities, and DUI enforcement activities. Goal #3 Reduce the high incidence of young driver fatal and serious injury collisions. Objective: Reduce the number of under-21 collisions by 5%. 2000 under 21 reported collisions: unknown at this time of breakdown Goal 2003: 5% reduction Activities: · Coordinate efforts at local high schools focusing on accountability for driver behavior and restraint use by providing on-going education. · Participate and assist with monthly youth victim panels for court ordered and driver education students/youth. · Partner with other agencies providing alternative activities for youth to bring education on the consequences and outcomes of high-risk youth driving behavior. · Present Graduated Driver's License information to local driver education classes and also at safety fairs. 5'7 · Support and coordinate youth target emphasis patrols and specialized enforcement activities in conjunction with the RUaD grant targeted at underage drinking. · Report to the media the results of youth orientated activities and special activity enforcement. Goal #4 Reduce the number of injuries and fatal pedestrian and bicycle collisions. Objective: Reduce the number of pedestrian and bicycle incidents by 10%. 1999 Pedestrian fatal: 3 Goal 2003:2 Activities: · Support Pedbee activities and distribute pedestrian safety materials. · Work with local law enforcement and Safe on Wheels groups in support of bicycle safety education on the importance of wearing properly fitted helmets, knowing and obeying traffic laws of bicycling on public roadways, and how to maintain a safe bicycle. · Distribute and analyze bicycle and pedestrian data. · Support school resource officer's and other prevention providers in their efforts with pedestrian issu~es at local schools, communities, and ~, neighborhoods. · Support the Kitsap Safe Kids bicycle target area by providing resources, information, materials, and volunteer time. Evaluation Evaluation will be measured in many forms the main method will be quantitative, involving data gathering and counting numbers and through the use of surveys. Process evaluation will be used to determine whether the project or coalition is working effectively. We will show how well the program is working by number of people participating and numbers reached by the several different activities and indirect contacts via public information, media and items distributed. Outcome evaluation will be used to determine the progress toward achieving our goals and objectives. It will measure baseline knowledge, attitudes and beliefs and demonstrate changes following completion of the program. ' Impact evaluation will be used by data collection and show the degree to which the program has met its goal's. In addition, the project will be evaluated by documenting progress towards the goals and objectives on a quarterly basis to the Washington Traffic Safety Commission. Ongoing and regular evaluation will ensure the continued success and improvement in DUI and traffic safety issues and maintain the development of the traffic safety task force. The number &DUI arrests, traffic collisions, youthful driver incidents, and bicycle and pedestrian reported incidents will be computed on a quarterly basis. Child passenger safety contacts and events will be monitored on a monthly and reported also quarterly. Occupant protection usage rates will be reported using the 3-Flags data and blitzes. Commission Section 3 Budget Summary Budget: (If applicable) w'rsc Costs Applicant Matching/ Contributing Cost 1. Salaries and Wages: $53,000. $18,000. 2. Employee Benefits: $ 7,000. $ 7,000. 3. Travel and Subsistence: $ $ see match 4. Contractual Services: $ $ see match 5. Equipment: $ $ see match 6. Goods and Services: $ $ see match 7. Total lines1-6 (Amount Requested from WTSC) $60,000. 8. Total lines 1-6 (Amount provided by applicant) $25,000. Total Project Cost (Add lines 7 & 8): $85,000. W'I'SC Use Only :::::::::::::::::::::::::::: :-...~: ;::~:::'::~::~;~::::~:~:; ~'~":'~:' : :' ====================== :::::..:~:~:. :. ' ~; ;..-::,.::.::::::~ ;;;~' ~::;~: :.:~.~::;~';::~:::::~:::~ .:. :-:.: .-:::: :::::::::::::::::::::::::: :: :::::::::::::::::::::::::::::::::::::::::::::::::::::::: .::: .: : ===================== :: ::::: ~0 EMPLOYMENT CONTRACT TRAFFIC SAFETY COORDINATOR This Employment Contract is entered into this 1s~ day of July, 2001, by and between the City of Bremerton, a chartered first class municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as "City") and Shirley Wise, (hereinafter referred to as "Traffic Safety Coordinator"). In consideration of the mutual benefits and promises herein contained, the parties hereto agree as follows: 1. DESCRIPTION OF SERVICES: The Traffic Safety Coordinator agrees to furnish professional services as defined in the job description for same which is attached and hereby incorporated as a part of this Agreement as Exhibit "A". 2. SUPERVISION: The parties understand and agree that the Traffic Safety Coordinator is an individual skilled in traffic safety program management and can perform independent functions and responsibilities in the exercise of her particular field of expertise. Within the performance of these duties, the Traffic Safety Coordinator shall work under the direction of the Chief of Police. 3. TERM: The Traffic Safety Coordinator shall serve at the pleasure of the City of Bremerton, commencing July 1,2001 and ending June 30, 2003, unless terminated earlier under Section Seven and subject to Section Six. 4. COMPENSATION: That gross compensation for services rendered under this Agreement shall be $33,160.00 annually. Said salary shall be paid on the City's regular payroll system. It is expressly understood by and between the parties that the Traffic Safety Coordinator shall be expected to work at least forty (40) hours per week, inclusive of vacations, sick leave, and holidays. EMPLOYMENT CONTRACT 1 5. BENEFITS: A. Holidays: New Year's Day Veteran's Day Martin Luther King's Birthday Thanksgiving Day President's Day Day after Thanksgiving Memorial Day Christmas Day Independence Day One Floating Holiday Labor Day B. Vacation Accrual. Fifteen (15) days accrued vacation. Unused earned vacation will be paid to the employee upon separation. No more than forty (40) hours shall be carried over at the end of thc contract tenn. C. Sick Leave Accrual. (1) Rate. Sick leave is accrued at the rate of twelve (12) full days per year and is proportionately credited to sick leave balances each pay period. (2) Sick leave shall not be carded forward at the end of the contract term. There shall be no payout for unused sick leave. D. Bereavement Leave. Three (3) days of bereavement leave are allowed for attending funerals in the State of Washington and five (5) days for attending out of state funerals upon the death of a member of the immediate family. Immediate family is defined as spouse, child, stepchild, mother, father, step-parents, mother/father in-law, brother, sister, brother/sister in-law, grandparents and grandchildren of both an employee and his or her spouse. Bereavement leave may be charged to unused sick leave, vacation times or may be taken as unpaid leave by the employee. E. Jury Duty, Witness Leave. Leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness for the City is provided. Any juror or witness fees received by a person for the performance of such duties shall be assigned to the City. EMPLOYMENT CONTRACT 2 F. Medical and Dental Insurance Benefits. Benefits are set at 100% for the employee only. 6. FUNDING AGREEMENT: The City of Bremerton and Washington Traffic Safety Commission have established a partnership for the provision of Traffic Safety Coordinator. The Funding Agreement is effective from July 1, 2001 to June 30, 2003. 7. TERMINATION OF SERVICES: The Traffic Safety Coordinator is an "at will" employee and the City may terminate Traffic Safety Coordinator without cause, at any time, with thirty (30) days notice required except for expiration per Section Three of this Agreement. In the event that the Traffic Safety Coordinator shall terminate her employment with the City, Traffic Safety Coordinator agrees that she shall provide the City not less than thirty (30) days prior notice of the effective date of said termination in order to afford the City a reasonable opportunity to find a replacement. The parties further agree that in the event a replacement is found who is able to commence employment prior to the expiration of thirty (30) days notice, that they may, in good faith, negotiate an earlier termination date. This Agreement may be terminated for cause, without notice and no severance pay shall be paid. "Cause" is defined as any reason for which a regular employee may be dismissed under the Bremerton Civil Service Rules. 8. GENERAL PROVISIONS: A. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. EMPLOYMENT CONllL~CT 3 B. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. C. Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: City Clerk Shirley Wise 239 Fourth Street Bremerton Police Department Bremerton, WA. 98337 239 Fourth Street Bremerton, WA. 98337 CITY OF BREMERTON LYNN $. HORTON, Mayor SHIRLEY WISE DEPARTMENT APPROVAL: HUMAN RESOURCES APPROVAL: ROBERT FORBES, Police Chief CAROL CONLEY, Human Resources Mgr. APPROVED AS TO FORM: DAVID StPIERRE, Acting City Attorney RECEIVE]D FOR FILING: KATHLEEN L. McCLUSKEY, City Clerk EMPLOYMENT CONTRACT 4 CITY OF BREMERTON CONTRACT POSITION DESCRIPTION Job Title: DUI/Traffic Safety Program Manager GENERAL FUNCTION Performs specialized duties which require a comprehensive knowledge of traffic safety laws and issues, law enforcement procedures, community resources and other traffic safety practices, programs and procedures. Coordinates the activities of countywide DUI enforcement efforts and may supervise the work of clerical employees and volunteers as authorized. EXAMPLE OF JOB DUTIES 1. Perform duties as assigned staffto the Bremerton-Kitsap County DUI Task Force and coordinate countywide DUI enforcement patrols with the assistance of an interagency law enforcement steering committee. 2. Coordinate traffic law enforcement training with county law enforcement and other criminal justice related agencies. 3. Work closely with the general public, the military, schools and community organizations to conduct educational seminars and provide information relating to DUI/traffic safety issues. 4. Attend and participate in various countywide community substance abuse prevention and police related events. 5. Schedule and arrange various meetings, programs and events for the purpose of promoting traffic safety and DUI education efforts. 6. Write, proofread and distribute forms, correspondence, reports memoranda, press releases and information using standard office equipment to include computer, typewriter, photocopier and other equipment. 7. Receive and direct telephone calls, visitors, correspondence, reports and other records as required. 8. Maintain various records, reports and statistics relating to traffic safety and disseminates the information to appropriate local, county and state law enforcement agencies, governing bodies and other interested parties. 1 9. Provide assistance to law enforcement agencies in the seeking, writing and management of various grants and funding sources related to traffic safety. 10. Travel to various county and instate locations will be required for the purposes of training, education, seminar/conference attendance. 11. Oversee work activity of clerical staff and volunteers as may be required. 12. Nontraditional work hours and/or schedule flexibility is required based on the program needs and departmental requirements. 13. Perform other duties as may be required by the Police Department, the Community Resource Division, and the Washington Traffic Safety Commission. WORKING CONDITIONS Work is performed both in an office environment and in various other locations throughout the region. DESIRABLE SKILLS~ KNOWLEDGE AND ABILITIES · 7- Knowledge of DUI/Traffic Laws and related traffic safety issues. ol, Ability to communicate effectively and conduct public presentations to large and culturally diverse groups. · I- Knowledge of local, State and Federal resources related to traffic safety issues. · 7, Knowledge of the Criminal Justice Systems and their interconnection relating to traffic safety. o~o Ability to maintain administrative records, statistics, financial data and reports. ol- Ability to work independently and make appropriate decisions regarding work methods, priorities and methodology. o:o Ability to travel and meet both local and instate commitments with reasonable accommodation. olo Ability to maintain liaison with local interested agencies and the State Traffic Safety Commission. 2 EDUCATION AND EXPERIENCE Two (2) year college degree in Criminal Justice or a related field and/or equivalent experience and training demonstrating progressively responsible experience. Demonstrated knowledge of traffic safety laws and issues or a combination of education and experience which provides the applicant with the desired knowledge, skills and abilities to perform the job. 3 STATE OF WASHINGTON WASHINGTON TRAFFIC SAFETY COMMISSION 1000 S. Cherry St., PO Box 40944 · Olympia, Washington 98504-0944 · (360) 753-6197 May 30,.2001 Ms. Shirley Wise, Coordinator Bremerton-Kitsap County Traffic Safety Task Force Bremerton Police Department 239 4th Street Bremerton, WA 98337 Dear Shirley: I am pleased to inform you that the Commission staff and Director I~ave recommended funding in the amount of $30,000 per year to continue your Community Traffic Safety Program (CTSP) for the 2002-2003 biennium ($60,000 total). The Commission is aware that this amount may not fully fund your project. The intent of the funding is to supplement your community/agency's commitment to traffic safety. For this amount of funding, it is expected that your agency will provide a .85 FTE project or staff coordinator. Please submit two signed copies of your Project Agreement and attachments, and the enclosed Interagency Agreement (two copies, also signed), to the Commission no later than. July 1, 2001. Feel free to contact me at (360) 753- 4175 if you have any questions. . I look forward to continuing our working relationship and I congratulate you on your good work to improve traffic safety in your community. Best regards, Gina Beretta CTSP Program Manager Local Matching Contribution Summary Form Task Force: Bremerton-Kitsap County Date: 9 May, 2001 Reporting Period: From 7/1/01 To 6/30/03 Prepared By/Contact: Shirley Wise, Coordinator Telephone: (360)478-5239 Contribution Type [ Quantity I Rate/Fee ] TotalSValue ] Source/Other Informati~ Cash (See Reverse)* See detail See detail 73,182.24 See source and amount break~ Meeting Rooms (including Tax)* 48 q00. 4,800. KCSO, WSP, BPD, & Fire Dc 2 meetings a month briefing & monthly task force times 2 year period. (bi-monthly meetings).. Telephone Monthly/Toll Charges* 24 106. 2,544. City of Bremerton/24 months Transportation-Travel/Subsistence* 24 212. 5,088. City of Bremerton/24 months Printing-Graphics/Duplication* 8 106. 848. City of Bremertord2 year peri~ Postage* 24 25. 600. City of Bremerton/24 months Furniture, Office* 500. City of Bremerton (furniture) Supplies, Office* 24 .25. 600. City of Bremerton/24 months Utilities* 24 20. 480. City of Bremerton/24 months Office Space 24 166. 3,984. City of Bremerton/24 months Volunteer Time 1,050. estimated hfs 10. an hour 10,500. Victim panel speakers; 2 time~, month (1 adult, 1 youth paneL, Youth volunteer time for supl: task force activities. Child passenger safety team volunteer time - average 7 per each check-up (10) x 5 hours @$10. x 24 months. Supervision/Support Salary/Benefits See breakdown for each indivi agency Accounting 24 40. 960. City of Bremerton/Accounting receiveables and payables May 15, 2001 I Emphasis Patrol Support - I 115,585.44 See breakdown for each indivi{ agency ' ~ ........ *N~te:.'CashC~ntributi~ns''sh~u~dinc~udeth~seiterns/se~vicesd~arva~uef~rwhiahcashw~u~dbnecea~aryt~purch~e~~hadn~i~ed. This form is a summary oflocal "matah" activity. Supporti documamation must be kept atthe local ievolto substantiate "match" claimed above. (roy. 12/1/90) May 15, 2001 Please list the source and amount of cash (dollars) contributed. Type Source Amount County/City: Cash, support for task force $ 2,500. each year (5,000.) Bainbridge Island PD Kitsap County Sheriff Cash, s. upport for task force $ 4,000. each year (8,000.) Poulsbo PD Cash, support for task force $ 2,500. each year (5,000.) Kitsap County Coroners In-kind support ($20.hr times $2,880. Office average 2 hr presentation x 3 times a month × 24 months) Subtotal: $20,880. Grants (e.g. CMASA, DASA, WTSC - RUaD $36,300. etc.) Reduce Underage Drinking Kitsap Safe Kids Grants 4 a yr. at GM Dealerships $ 7,000. ~$1,000. each and average 6 a year at off GM sites ~ , ~* $500. each Subtotal $43¢300. Corporate/Community Organization Kitsap County Consolidated In-kind contribution $ 5,000. Housing Authority Youth advisor and students Subtotal $5,000. Mary Bridge Children Center h-kind for Marcy Powell, $2,592. (4 hr. ea month ~ RN, monthly car seat checks $27. hr. x 24 months) N.W. Region EMS & Truama In-kind for Ruby DeSantis, $1,410.24 (4 hr. ea month coordinator for victim panels $14.69 hr. x 24 months) Subtotal: $ 4,002.24 BREAKDOWN OF TRAFFIC SAFETY TASK FORCE AND EMPHASIS PATROL SUPPORT FOR EACH INDIVIDUAL AGENCY Bremerton Police Department: Police Chief $43.52 an hr x 1 hr a month x 24 months $1,044.48 Captain Rogers $42.24 an hr x 1 hr a month x 24 monthS $1,013.76 Captain Mox $39.23 an hr x 1 hr a month x 24 months $ 941.52 Lt. Raw[ins $32.48 an hr x 1 hr a month x 24 months $ 779.52 Sgt. Thompson $29.36 an hr x 1 hr a month x 24 months $ 704.64 Midline Traffic Officer $34.60 an hr x 8 hr emphasis patrol x 24 $ 6,643.20 Subtotal: $11,127.12 Bainbridge Island Police Department: Lieutenant Giuntoli $28.48 an hr x 1 hr a month x 24 months $ 683.52 Midline Traffic Officer $35.07 an hr x 8 hr emphasis patrol x 24 $ 6,733.44 Traffic Officer to attend monthly task force meetings (2 hr x $23'.38 x 24) $1,122.24 Subtotal: $ 8,539.20 Port Orchard Police Department: Police Chief $29.82 an hr x 1 hr a month x 24 months $ 715.68 Traffic Sgt. $27.12 anhrx 1 hr amonthx 24 months $ 650.88 Midline Traffic Officer $34.98 an hr x 8 hr emphasis patrol x 24 $ 6,716.1'6 Sgt. to attend mgnthly task force meetings (2 hr x $27.12 x 24) $1,301.76 Subtotal: $ 9,384.48 Poulsbo Police Department: Police Chief $35.69 an hr x 1 hr a month x 24 months $ 856.56 · Sgt. Playter (also attend mtg.)S25.34 an hr x 3 hr a month x 24 months $1,824.48 Midline Traffic Officer $33.72 an hr x 8 hr emphasis patrol x 24 $ 6,474.24 Subtotal: $ 9,155.28 Kitsap County Sheriffs Office: Sgt. Ear Smith $40.87 an hr x 10 hr a month x 24 months $ 9,808.80 (includes 8 hr for monthly emphasis patrol & 2 hr task force mtg. time) Average Traffic Deputy $36.06 an hr x 24 hr a month x 24 months $20,770.56 (average of 3 deputies for each monthly emphasis patrol) Subtotal: $30,579.36 Washington State Patrol: Lieutenant Otto $50 an hr x 1 hr a month x 24 months $1,200.00 Sergeant's $42 an hr x 10 hr a month x 24 months $10,080.00 (includes 8 hr. emphasis patrol time and monthly task force meeting) Trooper $37 an hr x 8 hr x 5 troopers x 24 months $35,520.00 (average of 5 troopers for each emphasis patrol) Subtotal: $46~800.00 Grand Total: $115,$85.44 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Concession Agreement FOR AGENDA OF: Between the City of Bremerton and ORIGINATING DEl>T: Parks & Recreation Olympic Soccer & Sports Center, LLC ORIGINATOR: J. Wroblewski, Acting Director DATE SUBMITTED: May 23, 2001 2. CLEARANCES: 3. EXHIBITS: (Comment on back if nec~ssar~ ~g~t~ City Attome~ ~,~,.~_ '~_ ~ * Concession Agreement RiskM~mager:'~X~/~.,.~,,.....0~,,/ ***P, EV~SED AGaEE~ENT W!.,L_L BE AVAILABLE Commission Chairmm"~~C. Fiscal & Budget CommiUee: Operations Committee: The Bremerton Parks & Recreation Department has been working with Olympic Soccer & Sports Center, LLC. for the past year on their proposal to build and operate an indoor soccer field at Pendergast Regional Park. Mr. Larry Smith and Mr. Dennis Michael met with the Parks & Recreation Commission and discussed their proposals on a number of occasions. The Parks & Recreation Commission have supported these endeavors and advised the parties to develop their plans with the Parks & Recreation Department. Last year, Mr. Smith and Mr. Michael of OSSC presented this project to the City Council who responded favorably to the concepts. On January 31,2001, the City Council approved changing the Pendergast Regional Park Master Plan in order to accommodate the site of an indoor soccer facility. 8. RECOMMENDATION: ~..~,~r~ arTin~ or~tttvrr~ n,, 71.CT OeAn,~,v , Motion to authorize the Mayor to enter into a Concession A~eemem with Olympic Soccer and Spots Center, LLC. for the eomtruction and operation of an indoor s~cer field facili~ at Pendergast Regional Park. 9. RESPONSIBLE OFFICIAL: Jo~e Wroblewski ENFORCEMENT OFFICIAL: JoAnne Wroblewski EXPIRATION DATE: ~EW DATE: 10. NOTICE OF AC~ON ~ ~ ~ PULLED TABLED APPRO~D DIS~PRO~D CO~CIL DIRECTI~: DATE: Il. AGE~A BILL g: ~- lt~ CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued): The City and the Olympic Soccer & Sports Center, LLC. developed this concession agreement that calls for a term of 10 years plus three additional 10 year renewal options provided that the contract is in good standing and that OSSC notifies the City as outlined in the agreement. Additionally, per Washington State Law, the concession agreement reflects a proper reimbursement arrangement by which the City Parks & Recreation Department has use of the facility for 182 hours per year. The scheduling of such hours is outlined in the Agreement. The Agreement also calls for mutually agreed upon conditions for the operations and maintenance of the facilities. 5. IMPACT OF NON-PASSAGE: Olympic Soccer & Sports Center, LLC. will not be able to go forward with their plans. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Per Washington State Law, the concession agreement reflects a proper reimbursement arrangement by which the City Parks & Recreation Department has use of the facility for 182 hours per year. The scheduling of such hours is outlined in the Agreement. The Agreement also calls for mutually agreed upon conditions for the operation~ and maintenance of the facilities. The Parks & Recreation Department predicts that the year-around presence of this facility will draw patrons to the park on a year-around basis. This is a positive impact to the regular operations at Pendergast Regional Parks as it will increase security and usage of the park. Additional maintenance or operation impacts at the park will be minimal. 7. RESEARCH SOURCES: There are similar operations in the cities of Bellingham (a skating arena) and Mt. Vernon (an indoor soccer facility). Both of these operations are successful. Committee's Purpose .............. .:.:.,.......;~:.~ :*~:*~:~:*:~.<*~***<~*×*~*~.*<~.~*<~:*~>*:::~.~.<~:**~:~:*~!~:~!~:~*~:.?*.~ ...... · .... .. ..** * .... "...to investigate the need for community (sports, convention, entertainment, and recreational) facilities within Kitsap County the types of facilities needed, ,. what existing facilities may be available, and potential sources and mechanisms for funding additional community facilities." Kitsap County Board of Commissioners Resolution No. 371-1996 Basic Assumption The .Committee initially assumed: / At a minimum, the residents and businesses of the entire Kitsap County region should be able to enjoy the kinds of facilities which are provided to residents in demographically similar counties throughout the State of Washington. Where are we now? ............................. : ................ ~.. :: ~ .:<~:: ~ ~:: ~ ~! ~ ~.?., ~.~ ~:: ~ · ~.~ ~ ~ .': ~ ~ ~ ~ .'..~ .,.,:~ .>,~ ~.~ ~.>.~ ~ *~**':~:,.~:~ ~.~ ~.~..'~. Based on a comparison with current state averages, here's what is currently being provided to Kitsap residents. . Softball/Youth Baseball Fields 57% Adult Baseball 67% Soccer Fields 29% Football Fields 48% Tennis Courts 60% Trails (in miles) 4% Basketball (1/2 and full courts) 34% * Based on estimated county-wide population of 230,000. Process Overview .......... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~ *...., ~,-~ .~-..~ ,- .. ~.~ ¥~ ..~.*.* -. ~.........*...-,..-.~ .. ~.-~..~..** ~ ...* ,, ....... ~ ............. ~>...*., ...... . ........... The group evaluated 11 individual project proposals, and for each proposal asked a set of basic questions, including: v' Is there a clear need for the type of facility being proposed? Does the facility need to be in a specific location? Should the facility be developed privately; should it be publicly; or should it be developed by a public/private partnership? What is an appropriate role for the public sector to play for this proposal? What agency might be best suited to develop, construct and operate the facility? ,/ Does it make sense to combine this facility with any others? How should the capital investment and ongoing operating costs be funded? Summary of Project EYaluations · Basic Recreation Facilities (ballfields, courts, trails, etc): Kitsap fails sho~; residents deserve basic facilities which meet state averages: · Indoor Ice Skatin§, Indoor Soccer, Indoor Field House: Clearly needed and strongly endorsed; should be centrally located and developed with other facilities; built on public property; developed, operated and maintained privately.* · Multi-Use Outdoor Sports Stadium: Clearly needed and strongly endorsed; should be centrally located and developed with other facilities; built on public property; developed, operated and maintained through a public/private partnership. · Bike Routes, Hiking & Equestrian Trails: Clearly needed and strongly endorsed; developed, operated and maintained by public agencies. · Performing Arts: Supported through public/private partnership; may be necessary for public agency to develop, operate and maintain. Summary of Project Evaluations . · ,. ,. ~,. ,¥ ...-...,.:.~....* ,..,-.*..x~.. *:~*'.*:.... ~...:......,.~.-.....:*.......*..,....... *..~ ......>...*.........-.'*****'~.~. · -~.-.- ~-..-..~.~** *~,~ · Convention Facility: Clearly needed and endorsed; expand existing facilities at the Kitsap Pavilion; developed .publicly; operation and maintenance may be shared in a public/private partnership. · Recreation & Community Centers: Clearly needed and endorsed; developed and funded at local level; operated and maintained by public agencies. · Aquatic Facilities: Clearly needed and endorsed; developed and funded at local level; operated and maintained by public agencies. * Multi-Sport Recreation Complex: Development of a "campus" to include these facilities is encouraged. Findings ................. :'. .... ~..~?.....~ ........ .~....;~...~.~..?.:.....~-~ ........................ ~.~ ........... ~'...x.:: ,.~ ~: :::::~: ~::::~:::~::::: ~.~.:~:.~:::::~ ~:~::~:~.':::¥:::::::::'~:~.~:~:~:~:::~!~:.~i::~:::~ ..... · · · :::::::::::::::::::::::::::::::::::::::::: :.~ ::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::: :!::::::: :~::::::::: :.': :%: ::: ::::::::: :::::::::::::::::::::: ::::::::::-~: ~: ::::::~: :~:: :~: .~:::: ~:!::: :~: .~:::~:~::::: ::: ~.::::::::::::::: :~::;:.; ~::: :~: .~: :::::: ~-~.: ~:'~ .~:!,~: ~.~:~.'.: :?;.L~,.::: ~: f.:~ ~m:::: ~.: ::~::: Based on a review of existing data and testimony presented to them, Committee found: ,/ Expanded use of existing community facilities will not meet the public's demand for space. ¢' There is a need for additional sports, convention, entertainment, recreational and other community facilities. ¢' If economically feasible, these facilities would already be developed by the private sector. ¢' County government, city governments and local school districts have not found a way to provide enough of these facilities to meet basic needs in the past. Conclusions After significant discussion the Committee concluded: ,/' All 9overnmental a9encies and private interests throughout the Kitsap County region must work cooperatively to find the means and methods necessary to provide these facilities. v' All available governance methods (including Public Facilities Districts, Special Park Districts and various Inter-local agreements) must be explored to fund, develop, operate and maintain these facilities. v' A// available funding mechanisms must be explored to construct, improve, operate, and maintain these facilities, including GO bonds, revenue bonds, impact fees, conservation futures funds, retail sales taxes, grants, user fees, private investments and donations. Recommendation I Regarding Basic Recreation Facilities: · To address the Community Facilities Committee's findings and conclusions, KRCC creates separate "board" with expanded membership to include school districts, Olympic College and Navy. · Board created by KRCC meets monthly to discuss and coordinate development and operation of: · Community centers · Aquatic facilities · Ballfields · Trails & Bike routes · Performing arts centers · Other basic outdoor recreation facilities. Recommendation ~ . ~ *i: **:~ ~ ~. ~:.,. ~.,..~.~:~.~.., '...:...~. .......... ~...~ .... *:~:~*~::~:~::~:**~:~::~::~**.*:~::~.~*~:~:~:::~:~:*`.~:~::*~*:*~*~::::~*~:~?~::~:~:~::~:~:*:~***~:~*:~: ................................. : ............. ~ ................. :::: ...... ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ ~ ~ ~ ~ ~ .*.*.*.*.*.*... ~.~*~*~*~*~*~*`~*~*~*~`~*~*~*~*~c~*~~~`~~."~" .-._..-.-- ,.-...~.,..~,., ~. : · ..-.~ ~ ~.~-., ..-.***-.-....-**__,.- .___-.***.****,__,,~***----,**.,..- ..~ ......................... :~:~:~:~:~ .............. :: ................ : ................................ ~:~::~:~:::::~:~:~:~=~:~:~:~:~::~:::~:~:::~:~:~:~:~:~:~:~:~:~:~:~:~:~::~:~;~:~~:~:~:~:~:~:~::~:~::~:~:~:~:~::~:~.*~~.~*,~**~`~*``~.``~:~..******~""*~`""*~"~""~"~""""""~```.,:.~.~::*,::**:~?~**~,~*``~``~``.:**.:.~"`* Priorities for Board appointed by KRCC: · Promote maximum use of existing facilities. · Focus on areas of greatest need. · Focus on better facility design and management (ie road shoulders for bike routes). · Continue existing tax support, user fees, impact fees, conservation futures funds and grants. · Coordinate levy for County-wide capital or 0 & M bonds when needed. Recommendation ....... ~. ....... ~ ., ?. ...;..~ ..................... ~ ................... :: : :!::::~:::::.*: ¥:::~.***:~:~:~*.~:!~:?~:~:~?~!*`.*~:~:~:~:?.**`*.::!~::*`*.~:~:*~::i~:i::i:?.i~i:i~:..*:!:!:~:i~!:!:~!!!!!~i! :i:i:i:i:i:i:i3::~:i:~:::i~::::~:~:i:i:::i:i:!:~:!:i:!:i:!:!:!:!:!:!:!:::!:!:!:!:!:!:!:~:~:~:~:i:~:~:~:iSi:i:i:i:i:i:i:i:~:i:~:i::::::i:i:::i:~:i:i:~:i:E:i:i:!:!:~:!:!:!:i:!:!:!~:~:~:i:i:~:~:~:::~:~:~:~:[:~:iSi:i:i:i:i:~:i:i:~:i:i~:::¢:::::~:¥:i:i:i:i:!*1:!:!~:[~::~:~:i:i:::*~i:!:i:~Si:!Si:!:i:i:!:~:~:~:~:~:~:~i:~i:~:i:i8i:i:i:i:*~i:~:i:i:!:~:i:!:~:[:~¥:~i:i:i: Regarding Major Public Facilities: · County Commissioners create a Public Facilities District (PFD) to develop and maintain: · Multi-use outdoor sports stadium · Indoor ice arena · Indoor soccer facility · Indoor multi-use field house · Enhanced convention center. · Commissioners appoint seven-member PFD Board with advice and consent of KRCC-appointed boardl Recommendation 4 ................. ,.~ ........ *. ~ ...~.'..~..,,..***',~ ........................ ~ ................... : ........... ***::**~::: .~: !~:~ :~* !~i~:~ :~:~!~;*~:::::~::~¢~:i~::~::~:~:::::::*:::.!~::::!:~::~! :¢*~:~i!~¢!i:!*!iiii:ii~!'!~p.,.~..., ................... ..... · "' ' *" · '***'*'*- '**. ............ *'*'.'.'* **'.*.' * '.'**-' * *," ~ ?" * '" '*"*'"'"*"*' *'*'~.:::.:*? · * * '*'.'*'.'*' * '.* '.'**.'**.' '*',*,*,'.'-*-' ' ' ~::~:`:~:~:..*~:~:~:~:~:::~:::::::::::::~:¥::::::~:::::¢:;:::::::::::::¥::::::::;:~:¢::: ¢;¥:+:::.:+:,:*.-[+;4.~ ~:4~. ¥4 4:,.:+:.:+:¢,:+ :*:*:-?:,:.'**.'¢..**""'*'"+:+:'?? ? ?:':~*~?.':+ ?'*'~ *~':'-¢:~ .?::-'-'.'. ¥.'. ','-'.~-:-:4.~ ~ ~ ~ :.:.:. ~5:*:4.:.:+.4.:. Priorities for Public Facilities District Board: '~ · Focus on projects well suited to public/private partnerships, or to partnerships with multiple public agencies. · Provide public funding for infrastructure and encourage local governments to provide public property. · Solicit capital from private sector for construction and 0 & M when possible. · Fund projects, from user fees, private investments, grants, hotel/motel tax and voter-approved increase in sales tax. ~,~~~ KITSAP REGION/~-L COORDINATING COUNCIL -- v. ZSOLtrno~ q ~ - ~ t ~: ~ge of Rmo~ 371 on ~~ 16, 1~; ~d W~S, th~ ~t~ C~n~- ~i~ion~ ~b~uem~ a~oM~ ten cites ~om t~ou~out ~d ~v~e op~a ~ for d~flop~ ~~W ~fies, ~d ~ pot~fi~ ~¢es ~d ~o~ C~a ~ to ~ ~ work of~ ~~3 ~ in~o~d by ~~ ~; ~d W~AS, ~t~ves of~e ~~ &~ng ~d~ ~e d~ of~e ~tsap Cou~ ~~on~ ~ ~ the Ci~ Co.dis of~ ofKit~p's ¢ifi~ ~d ~e ~t~p Re. ohM NOW ~ ~ ~$OL~, t~t ~ ~t~p R~o~ C~i~fing Cou~l do~ h~y r~mmend that t~ ~p Co~ C~onera ~t~m the ~fi~ii~fi~ reg~ ~or public facilM~s by ~t~ ~ public ~fies di~fi~ ~d a~oimi~ ~v~ ~0ple to ~e ~ memb~ of the ~M of ~ of~ ~, ~ ~ ad~ of~ ~t~p R~ion~ ~o~na~ Council; ~d BE ~ ~~R ~SOL~D. ~t th~ ~ R~onfl C~~ Cmme~ shall w~k tow~ds i~l~m~ the ~~'s ~o~fiom ~i~ ~~ng ha(< recreation ~eili~es ~8 R~L~ON S~LL BE CONS~UEO TO ~~A~ ~S PU~OSE$. Dat~ t~ 3~ ~y ofNov~r. 1~ ~ the ~l~ ~en public ~iug of~taap Re~o~ EXHIBIT - 6/6/01 Concession Agreement CITY OF BREMERTON PARKS & RECREATION DEPARTMENT PARKS & RECREATION COMMISSION MEETING (UNAPPROVED) Minutes of May 22, 2001 Sheridan Community Center 680 Lebo Blvd., Bremerton, WA 98310 Attendance: Susan Bell, David Boynton, Lonnie Dawson, Nick Garguile, Sr., Douglas Groneman and Carol Johnson Absent: Wanda Butler Staff: Jodi Wroblewski and Barbara Forbes I. Call to Order: Vice-Chairman Boynton called the meeting to order at 5:34 p.m. Chairman Groneman proceeded with meeting as of 5:36 p.m. H. Approval of Agenda: M/S/U (Garguite/Dawson) m. Items from Audience: None. IV. Approval of Minutes - April 24, 2001: M/S/U (Boynton/Garguile) V. New Business: None to address. VI. Old Business: a. Acquiaition of Property: At the last meeting the Commission recommended that we determine what the GSA requirements regarding the replacement of property as it might relate to the acquisition of property downtown. If so, the Commission would like to apply the $50,000 (SR-3 Park) toward the grant. If not, the Commission may recommend to purchase the property near Stephenson Canyon. Ms. Wroblewski is waiting to hear from GSA. b. Kitsap Lake Committee: Ms. Wroblewski reported that Councilman Jim Reed chaired a District 9 public meeting on May 9, 2001, regarding Kitsap Lake issues. Barry Cook, chairman of the Kitsap Lake Committee, presented the recommendations at the meeting. Mr. Cook reported that the Bremerton Assistant City Attorney had reviewed the recommendations and had concerns regarding line of travel (counter-clockwise) as an ordinance as well as dealing with the noise issues. There was discussion regarding changing the speed limit from 45 mph to 36 mph. Two other recommeadations to amend the level of alcohol to .08 and define the noise level (decibel) were suggested. There was a great deal of discussion regarding enforcement of the ordinances. Mr. Reed has been working with Brothers Honda to supply an appropriate watercraft for police use. Ms. Wroblewski advised the Commission that Mr. Cook would be coming to the Parks & Recreation Commission with the Committee's recommendations. c. Comprehensive Plan: With the assistance from Ameri Corps, 100 sumeys were distributed to each City Council district (total of 900). Twenty percent of the surveys were returned (250). Becky Lorber is in the process of summarizing the data. Ms. Wroblewski had distributed the data from the surveys that were distributed in the fall of 2000. In addition, Ms. Wroblewski distributed a facilities matrix that displayed the parks and their amenities. She requested the Commission to review the data VIH. Commissioners' Comments and Questions: Bell: None Boynt0n: Pleased with the number of citizens enjoying the parks. Dawson: None Garguile: Regarding Bachmann Parks and 9t~ Street Mini-park, he would like signs reminding patrons of the ordinance requiring pets to be on leashes and for people to clean-up after their pets. Groneman: None. Johnson: Would like the Commission to review the park rental fees. Staff will put on next month's agenda. IX. Adjournment: Meeting adjourned at 6:47 p.m. (Boynton/Johnson) RESPECTFULLY SUBMITTED BY: J@DI WROBLEWSKI COPY ~*, CONCESSION AGREEMENT BETWEEN CITY OF BREMERTON AND OLYMPIC SOCCER & SPORTS CENTER, LLC TABLE OF CONTENTS RECITALS ......................................................................................................................... 1 Article 1. GROUND AND USE CONCESSION ............................................................... 2 1.1 Concession of PREMISES ........................................................................................ 2 1.2 Possession, Quiet Enjoyment & Covenants Real ..................................................... 2 Article 2. TERM OF AGREEMENT .................................................................................. 3 2.1 Term .......................................................................................................................... 3 2.2 Option to Renew ....................................................................................................... 3 Article 3. CONSIDERATION ............................................................................................ 3 3.1. PREMISES Use in Lieu of Cash ............................................................................. 3 3.2 Athletic Equipment/Personal Property Use .............................................................. 3 3.3 Timing of Consideration Payment ............................................................................ 4 3.4 PREMISES Use by CITY ......................................................................................... 4 3.4.1. Types of Use ..................................................................................................... 4 3.4.2 Maintenance & Utility Costs/Clean-Up After Use ............................................ 4 3.4.3 Damage, Claims, & Liability ............................................................................. 4 3.5 Scheduling PREMISES Use by CITY ...................................................................... 4 3.5.1 Spring and Summer Quarters ............................................................................. 4 3.5.2 Fall and Winter Quarters .................................................................................... 5 3.6 CITY's Increased PREMISES Use ........................................................................... 5 Article 4. USE & OPERATION OF PREMISES ............................................................... 5 4.1 Use of Premises ......................................................................................................... 5 4.1.1 Indoor Athletic and Recreational Uses .............................................................. 5 4.1.2 Incidental Uses ................................................................................................... 5 4.1.3 Security and Nuisance During Use .................................................................... 5 4.2 Operating Hours ........................................................................................................ 5 4.3 Entry by CITY .......................................................................................................... 6 4.4 Health Inspections ..................................................................................................... 6 4.5 Maintenance, Repair, & Improvements .................................................................... 6 4.5.1 Maintenance ....................................................................................................... 6 4.5.2 Sidewalks Maintenance ..................................................................................... 7 4.5.3 Janitorial Services .............................................................................................. 7 4.5.4 Repair of Damage .............................................................................................. 7 4.5.6 Improvements .................................................................................................... 7 4.5.7 Alterations of PREMISES after Construction ................................................... 7 4.6 Signs .......................................................................................................................... 7 4.7 Utilities ...................................................................................................................... 7 4.7.1 Utility Services and Expense ............................................................................. 7 4.7.2 Trash & Garbage ................................................................................................ 8 4.8 Parking ...................................................................................................................... 8 4.9 Hazardous Substances ............................................................................................... 8 4.9.1 Definition ........................................................................................................... 8 4.9.2 Information ........................................................................................................ 8 4.9.3 Indemnification .................................................................................................. 9 4.10 Risk of Loss ............................................................................................................ 9 CONCESSION AGREEMENT Article 5. DESIGN & CONSTRUCTION OF PREMISES ............................................... 9 5.1 Design ....................................................................................................................... 9 5.2 Building & Site Plans/Access Easement ................................................................... 9 5.3 Construction/Site Work/Fencing .............................................................................. 9 5.4 Construction Deadlines ........................................................................................... 10 5.5 Failure to Meet Construction Deadlines/Time of Essence ..................................... 10 5.6 Stormwater Drainage, Sewer, & Water Lines ........................................................ 10 5.7 Development and Construction Fees & Expenses .................................................. 10 5.8 Escrow Requirements To Ensure Performance of Contractors .............................. 10 5.9 Not a Public Works Project ..................................................................................... 10 5.10 No Liens ................................................................................................................ 11 Article 6. FINANCING & SECLTRITY INTERESTS ...................................................... 11 6.1 Financing - No CITY Obligation ............................................................................ 11 6.2 Security Interest in PREMISES & Agreement/Consent ......................................... 12 6.3 LENDER's Reliance on Term and Renewal Options ............................................. 12 6.4 Surrender of the Collateral ...................................................................................... 12 6.5 Notice of Default and Lender's Rights ................................................................... 13 6.5.1 Notice of Default .............................................................................................. 13 6.5.2 Termination for Monetary Default ................................................................... 13 6.5.3 Termination for Non-Monetary Default .......................................................... 13 6.6 Right to Assign ....................................................................................................... 14 6.7 Disposition of Insurance ......................................................................................... 14 6.8 Right to Participate in Litigation ............................................................................. 14 6.9 Incorporation of Lender's Protection Provisions .................................................... 14 6.10 Right to Remove Collateral .................................................................................. 14 6.11 Notices .................................................................................................................. 14 Article 7. TERMINATION ............................................................................................... 15 7.1 Failure to Perform ................................................................................................... 15 7.1.1 Obligation to Perform ...................................................................................... 15 7.1.2 Payments to Other Parties ................................................................................ 15 7.2 Default ..................................................................................................................... 15 7.2.1 CITY's Default ................................................................................................ 15 7.2.2. CONCESSIONAIRE's Default ...................................................................... 15 7.2.3 Default for Other Cause ................................................................................... 16 7.3 Remedies Are Cumulative ...................................................................................... 16 7.4 Destruction of Premises & Use of Insurance Proceeds .......................................... 16 7.5 Duties upon Termination ........................................................................................ 16 7.6 Eminent Domain ..................................................................................................... 17 7.6.1 Rights of Termination ...................................................................................... 17 7.6.2 Non-Termination .............................................................................................. 17 7.6.3 Compensation .................................................................................................. 17 Article 8. GENERAL CONDITIONS .............................................................................. 18 8.1 Relationship of PARTIES ....................................................................................... 18 8.1.1 CONCESSIONAIRE Independent Contractor Status ..................................... 18 8.1.2 No Third Party Rights Created ........................................................................ 18 8.1.3 No Joint Venture/Partnership ........................................................................... 18 CONCESSION AGREEMENT ii 8.2 Notices .................................................................................................................... 18 8.3 Reports & Information ............................................................................................ 19 8.4 Permits, Licenses, Taxes, & Fees ........................................................................... 19 8.4.1 Permits, Licenses, & Other Documents ........................................................... 19 8.4.2 Taxes & Fees .................................................................................................... 19 8.5 Insurance ................................................................................................................. 19 8.5.1 Fire, Earthquake, & Casualty Insurance .......................................................... 19 8.5.2 Liability Insurance ........................................................................................... 19 8.5.3 Release and Waiver of Subrogation ................................................................. 20 8.6 Hold Harmless, Indemnification, & Industrial Insurance ....................................... 20 8.6.1 Hold Harmless & Indemnification ................................................................... 20 8.6.2 Industrial Insurance .......................................................................................... 20 8.7 Successors & Assigns ............................................................................................. 21 8.8 Bankruptcy .............................................................................................................. 21 8.9 Compliance with Laws ........................................................................................... 21 8.10 Nondiscrimination ................................................................................................. 22 8.11 Choice of Law & Venue ....................................................................................... 22 8.12 Costs & Attorneys' Fees ....................................................................................... 22 8.13 Modification .......................................................................................................... 22 8.14 Change in Law/Renegotiation ............................................................................... 22 8.15 Force Majeure ....................................................................................................... 22 8.16 Waiver ................................................................................................................... 23 8.17 Illegal Provisions - Severability ............................................................................ 23 8.18 Article Headings, Gender, & Number .................................................................. 23 8.19 Entire Agreement .................................................................................................. 23 8.20 Counterparts .......................................................................................................... 23 8.21 Recording .............................................................................................................. 23 Exhibit A - Legal Description of Premises Exhibit B - Preliminary Building and Site Plans Exhibit C - Appraisal and Compensation Information CONCESSION AGREEMENT iii CONCESSION AGREEMENT THIS CONCESSION AGREEMENT ("Agreement") is entered into effective the __ day of ., 2001 (hereinafter referred to as the "EFFECTIVE DATE"), by and between the CITY OF BREMERTON, a Washington municipal corporation (hereinafter referred to as the "CITY"), and OLYMPIC SOCCER & SPORTS CENTER, LLC, a Washington limited liability company (hereinafter referred to as the "CONCESSIONAIRE"), referred to collectively as the "PARTIES." RECITALS WHEREAS, the CITY is owner of the property commonly described as the Pendergast Regional Park (hereinafter referred to as the "PARK"); and WHEREAS, the CITY owns undeveloped land within the confines of the PARK available for development of an indoor athletic facility; and WHEREAS, the CONCESSIONAIRE has the experience, ability, and resources to develop and operate an indoor athletic facility; and WHEREAS, the PARTIES intend this Agreement to be a ground and use concession allowing the CONCESSIONAIRE to develop, construct, and operate an indoor athletic facility, for profit, on certain undeveloped land within the confines of the PARK and which said land will remain property of the CITY; and WHEREAS, the PARTIES agree that no joint venture or partnership is formed as a result of this Agreement; and WHEREAS, the CONCESSIONAIRE will be responsible for the design and construction of an indoor athletic facility and exterior landscaping (hereinafter collectively referred to as the "PREMISES") on the CITY's real property, which visually blend with the setting, which are to be constructed within the confines of the PARK, and all improvements to the PREMISES will become property of the CITY at the termination of this Agreement; and WHEREAS, the CITY shall have the right to approve the final design of the PREMISES and shall have a continuing right to approve the exterior color of any structure on the PREMISES; and WHEREAS, the CITY, and not the CONCESSIONAIRE, will be responsible to provide adequate parking to support the PREMISES and its operations; and WHEREAS, the CONCESSIONAIRE will be responsible for obtaining all necessary financing for the development and operation of the PREMISES; and CONCESSION AGREEMENT Page 1 of 25 WHEREAS, it is mutually understood by the PARTIES that any lender who provides the CONCESSIONAIRE financing solely for the development and operation of the PREMISES will require this Agreement as protection and security for lender ("lender") The term "lender" shall also mean the successors and assigns of the lender; and WHEREAS, the CITY will acknowledge and consent to lender taking a first position security interest in this Agreement and the PREMISES, lender taking an assignment of the right, title, claim and interest of CONCESSIONAIRE in this Agreement, lender obtaining the right of substitution for CONCESSIONAIRE, lender taking possession of the PREMISES, lender operating the PREMISES pursuant to the terms of this Agreement, and/or lender selling, assigning and/or transferring CONCESSIONAIRE'S interest in this Agreement and/or the PREMISES; WITNESSETH: NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth in this Agreement, the PARTIES agree as follows: Article 1. GROUND AND USE CONCESSION 1.1 Concession of PREMISES CITY hereby grants a ground and use concession to CONCESSIONAIRE for the PREMISES, approximately thirty thousand square feet (30,000 sq. ft.) of undeveloped land within the confines of the Pendergast Regional Park for development, construction, and operation, for profit, of an indoor athletic facility and exterior landscaping legally described in Exhibit A attached hereto and incorporated by reference (PREMISES does not include the fee ownership of the real property upon which the PREMISES are located), and generally shown in the preliminary building and site plan in Exhibit B attached hereto and incorporated by reference. CONCESSIONAIRE hereby agrees to the terms and conditions of this Agreement. The PARTIES agree that the PREMISES are currently undeveloped with no permanent structures, and that any and all development, construction, and improvements of and to the PREMISES are owned by CONCESSIONAIRE subject to any security interest of lender, if any. At the termination of this Agreement, other than as a result of condemnation proceedings, the then existing improvements to the PREMISES will become the property of and owned by the CITY. The common address of the PREMISES is 1199 Union Avenue Bremerton WA, 98312. 1.2 Possession, Quiet Enjoyment & Covenants Real Except as provided in Articles 3 & 4.3 herein, the CONCESSIONAIRE shall be entitled to exclusive possession of the PREMISES upon commencement of the development and construction of the PREMISES as defined by Article 5.4 herein. Upon taking possession of the PREMISES, and on performing all the covenants and conditions herein, the CONCESSIONAIRE shall peaceably and quietly have, hold, and enjoy the PREMISES at all times during the full term of this Agreement. Every covenant in this Agreement shall be deemed and treated to be a covenant running with the PREMISES CONCESSION AGREEMENT Page 2 of 25 during the full term of the Agreement, and shall extend to the heirs, legal representatives, successors, and assigns of the PARTIES. No change in CITY's ownership of the PREMISES, or rights to the payments hereunder, however accomplished, shall operate to enlarge the obligations or reduce the rights of CONCESSIONAIRE. No change in CITY's ownership of the PREMISES shall be binding upon CONCESSIONAIRE for any purpose until CONCESSIONAIRE shall have been given notice thereof. Article 2. TERM OF AGREEMENT 2.1 Term The term of this Agreement shall be 10 years, commencing upon the EFFECTIVE DATE of this Agreement. 2.2 Option to Renew The CITY agrees to offer the CONCESSIONAIRE three (3) successive ten (10) year options to renew this Agreement, contingent upon CONCESSIONAIRE remaining in full compliance with the terms and conditions of this Agreement. To execute an option for renewal, the CONCESSIONAIRE, not more than 180 days and not less than 60 days prior to the expiration of term, shall give written notice to the CITY that the CONCESSIONAIRE is exercising the CONCESSIONAIRE's option for an additional ten (10) year tenn. The CONCESSIONAIRE's written notice shall include a sworn affidavit that the CONCESSIONAIRE is currently in full compliance with the terms and conditions of this Agreement. The option will become effective upon receipt by the CITY of CONCESSIONAIRE's written notice and sworn affidavit and no further process or documentation will be required. Article 3. CONSIDERATION 3.1. PREMISES Use in Lieu of Cash As consideration for the ground and use concession granted by the CITY to the CONCESSIONAIRE by Article 1 herein, the CONCESSIONAIRE shall provide fair and equitable compensation to the CITY based upon an appraisal of the PREMISES at the EFFECTIVE DATE of this Agreement conducted on behalf of the CITY by a certified appraiser pursuant to the Appraisal and Compensation Information described in Exhibit C attached hereto and incorporated by reference. In lieu of cash payments, the annual compensation provided by the CONCESSIONAIRE to the CITY shall be in the form of hours of use of the PREMISES. PREMISES use by the CITY shall be governed by Article 3.3 herein. Based upon the appraised value of the PREMISES, the CONCESSIONAIRE shall provide the CITY with an annual total of 182 hours of PREMISES use; said kinds of use to be determined at the sole discretion of the CITY. 3.2 Athletic Equipment/Personal Property Use PREMISES use by the CITY received as consideration for this Agreement does not include the use by the CITY of any of the CONCESSIONAIRE's athletic equipment or other personal property. Use by the CITY of any of the CONCESSIONAIRE's athletic CONCESSION AGREEMENT Page 3 of 25 equipment or other personal property will be negotiated separately between the CITY and the CONCESSIONAIRE and is outside the scope of this Agreement. 3.3 Timing of Consideration Payment The consideration paid by the CONCESSIONAIRE in the form of PREMISES use by the CITY shall commence accruing from the EFFECTIVE DATE of this Agreement. It is mutually understood and agreed that the CITY can receive its full annual compensation of 182 hours of PREMISES use at any time during the 12 month period beginning with the EFFECTIVE DATE of this Agreement and every 12 month period thereafter. 3.4 PREMISES Use by CITY 3.4.1. Types of Use The hours of PREMISES use provided by the CONCESSIONAIRE to the CITY in consideration for this Agreement are intended to provide recreational opportunities of a suitable and compatible nature for the residents of the CITY as part of the Parks and Recreation programs. Such PREMISES use by the CITY shall be without cost to the CITY to the extent of the 182 hours annually, pursuant to Article 3.2 herein. 3.4.2 Maintenance & Utility Costs/Clean-Up After Use The CONCESSIONAIRE shall be responsible for all overhead costs, including the utilities and general maintenance, of the PREMISES during the use of the PREMISES by the CITY. The CITY agrees to clean-up the PREMISES after each CITY use. 3.4.3 Damage, Claims, & Liability The CITY shall be responsible for all damage or claims that may arise out of the PREMISES use by any of the CITY's employees, agents, guests, or invitees. The CITY, during such periods of use, shall supervise or cause the CITY's employees, agents, guests, or invitees to be supervised. The provisions for mutual indemnity, hold harmless, and liability insurance pursuant to Articles 8.5 & 8.6 herein apply during PREMISES use by the CITY. 3.5 Scheduling PREMISES Use by CITY The CITY and the CONCESSIONAIRE shall meet at least quarterly and other times as necessary, to determine how such PREMISES use hours shall be allocated to the CITY in the upcoming quarter in accordance with the following provisions. 3.5.1 Spring attd Summer Quarters The CITY shall have the full discretion to determine which hours of PREMISES use the CITY intends to use during the Spring quarter (April, May, & June) and Summer quarter (July, August, & September) of each year. At the CITY's discretion, the CITY has the fight to schedule its full annual compensation of 182 hours of PREMISES USE during the Spring and Summer quarters. CONCESSION AGREEMENT Page 4 of 25 3.5.2 Fall and Winter Quarters The CONCESSIONAIRE shall have the full discretion to determine which hours of PREMISES use the CONCESSIONAIRE intends to use during the Fall quarter (October, November, & December) and Winter quarter (January, February, & March) of each year. The CONCESSIONAIRE has the right to schedule the CITY's remaining compensation, if any, of PREMISES USE not previously scheduled by the CITY during the Spring and Summer quarters. 3.6 CITY's Increased PREMISES Use The CITY shall have the full discretion to determine which hours of the CITY's PREMISES use will be accounted against the CITY's annual compensation of 182 hours. The CITY may increase its hours of PREMISES use beyond its annual compensation by paying to the CONCESSIONAIRE an hourly rate then in effect by the CONCESSIONAIRE and with scheduling at the discretion of the CONCESSIONAIRE. Article 4. USE & OPERATION OF PREMISES 4.1 Use of Premises 4.1.1 Indoor Athletic and Recreational Uses The CONCESSIONAIRE will use and occupy the PREMISES throughout the full term of this Agreement for the purpose of providing indoor athletic, educational, entertainment, community activities, and recreational opportunities, all at the CONCESSIONAIRE'S option. CONCESSIONAIRE shall take reasonable precautions in securing the PREMISES during the full term of this Agreement. 4.1.2 Incidental Uses The CONCESSIONAIRE may provide concessions in the form of food and beverage and the sale of incidental items directly related to the use of the recreation facility including, but not limited to, gym equipment, soap, shampoo, and similar shower supplies, and clothing related to athletic pursuits. 4.1.3 Security and Nuisance During Use The CONCESSIONAIRE shall take reasonable precautions in securing the PREMISES during the full term of this Agreement. The CONCESSIONAIRE shall use the Premises for no unlawful purposes and shall not use or occupy the PREMISES in any manner, which would constitute a public nuisance or violate State or CITY laws. 4.2 Operating Hours The availability of recreational opportunities for CITY residents is a material consideration for this Agreement. Accordingly and during the full term of this Agreement, the CONCESSIONAIRE shall continuously conduct and carry on the CONCESSIONAIRE'S permitted uses and shall keep the PREMISES open for business and cause the CONCESSIONAIRE'S business to be conducted therein during the usual business hours of each and every business day as mutually agreed upon. This provision CONCESSION AGREEMENT Page 5 of 25 shall not apply if the PREMISES should be closed and the business of CONCESSIONAIRE is temporarily suspended on account of labor strikes, lockouts, or similar causes beyond the reasonable control of CONCESSIONAIRE, or for maintenance, remodeling, repair, or renovation as approved by the CITY in writing (including approvals of any construction schedules.) The CONCESSIONAIRE covenants and agrees to provide sufficient personnel, and to keep the PREMISES adequately stocked with merchandise, recreational equipment, fixtures, and facilities so as to conduct its business in accordance with sound business practice. The CONCESSIONAIRE, in order to keep its business commitments, shall be in operation in accordance with sound business practice. 4.3 Entry by CITY CITY may enter the PREMISES at all times to inspect; provide services required hereunder; post notices of CONCESSIONAIRE's noncompliance with the provisions of this concession, all without being deemed a constructive eviction. Any person or persons who may have an interest in the purpose of CITY's visit may accompany CITY. CITY has the right to use any and all means that CITY deems proper to open doors and gates in an emergency in order to obtain entry to the PREMISES. 4.4 Health Inspections CONCESSIONAIRE shall not knowingly commit or willfully permit to be committed any act or thing contrary to the rules and regulations prescribed by the local board of health, or which shall be contrary to the laws, rules or regulations of any federal, state or municipal authority. CONCESSIONAIRE shall allow the Bremerton-Kitsap County Health Department to make regular and ordinary inspections of the PREMISES as said health department may deem proper. 4.5 Maintenance, Repair, & Improvements 4.5.1 Maintenance CONCESSIONAIRE shall, at its sole cost and expense, clean and maintain the PREMISES, and make repairs, restorations, and replacements to the PREMISES, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing systems, structural roof, walls, and foundations, roof coverings, sprinkling and irrigation systems, playing surfaces and the fixtures and appurtenances to the PREMISES as and when needed to preserve them in "first class" condition and repair (less normal wear from use) throughout the full term. CONCESSIONAIRE shall further keep in repair and maintain as necessary all machinery, equipment and facilities necessary for the playing of sports and the comfort of players. CONCESSIONAIRE shall paint the exterior of the buildings (except the metal) with such frequency as may be required to maintain their good, clean appearance. All such repairs, restorations, and replacements will be in quality and workmanship at least equal to the original work or installations. If CONCESSIONAIRE fails to make such repairs, restorations, or replacements, CITY may make them at the expense of CONCESSIONAIRE and such expense will be paid by CONCESSIONAIRE within fifteen (15) days after delivery of a statement for such expense. CONCESSION AGREEMENT Page 6 of 25 4. 5.2 Sidewalks Maintenance At its sole cost and expense, CONCESSIONAIRE shall maintain any sidewalks on the PREMISES in good and presentable condition during the £ull term of this Agreement, shall be responsible for correcting any unsa£e conditions, and shall be responsible for the removal of ice and snow from the sidewalks. 4.5.3 Janitorial Services At its sole cost and expense, CONCESSIONAIRE shall keep the PREMISES clean, and shall provide sufficient janitorial services to maintain a tidy appearance on and about the PREMISES. CONCESSIONAIRE shall provide landscaping maintenance services such that landscaping on the PREMISES remains healthy, attractive, and well maintained. 4.5.4 Repair of Damage In the event any damage or injury shall occur to the PREMISES of any kind or nature whatsoever, CONCESSIONAIRE shall promptly cause said damage or injury to be £ully repaired at CONCESSIONAIRE'S own cost and expense. In the event CONCESSIONAIRE fails to accomplish such repairs within fifteen (15) days of receipt of written notice by the CITY, then in that event CITY may, but is not required to, enter the PREMISES and accomplish such repairs and bill CONCESSIONAIRE who will pay the bill within fi£tecn (15) days after delivery o£ a statement £or such expense. 4.5. 6 Improvements The CONCESSIONAIRE shall be sol¢ly responsible £or providing adequate £unding for any alterations or improvements as provided in this Agreement and such alterations or improvements shall be made without cost to the CITY. 4. 5. 7 Alterations of PREMISES after Construction After such time as the PREMISES have been completed and accepted as defined above, the CONCESSIONAIRE shall not make any material alteration to the PREMISES including any changes to the landscaping, without the CITY'S prior written consent. 4.6 Signs CONCESSIONAIRE may place and maintain signs upon the PREMISES in accordance with the sign ordinance of the CITY. 4.7 Utilities 4. 7.1 Utility Services and Expense The CONCESSIONAIRE will pay for all water, gas, garbage, sewage, electricity, telephone, and other utilities and communications services used by CONCESSIONAIRE on the PREMISES, whether or not such services are billed directly to CONCESSIONAIRE. CONCESSIONAIRE will also procure, or cause to be procured, without cost to the CITY, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the PREMISES of utility appurtenances and appliances for use in supplying such utilities and services to and CONCESSION AGREEMENT Page 7 of 25 upon the Premises. The CITY, upon request of CONCESSIONAIRE, and at the sole expense and liability of the CONCESSIONAIRE, will join with CONCESSIONAIRE in any application required for obtaining or continuing any such services, provided that such services do not violate any other applicable provision of this Agreement. The CITY shall not be held liable for any injury, loss, or damage caused by or resulting from any intelTuption or failure of utility services due to any cause whatsoever, except the CITY's sole negligence. CONCESSIONAIRE shall not be entitled to any offset, reduction, or return of consideration as a result of any interruption or failure of services. 4. 7.2 Trash & Garbage The CONCESSIONAIRE shall place all trash and garbage into such areas and containers as are designed and intended to accommodate the trash and garbage generated within or on the Premises. The CONCESSIONAIRE shall not allow trash and/or garbage to accumulate such that a nuisance or health hazard results. 4.8 Parking The CITY will be responsible to provide adequate parking to support the PREMISES and its operations. 4.9 Hazardous Substances 4. 9.1 Definition As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to environmental protection, contamination, or cleanup. 4. 9.2 Information CONCESSIONAIRE shall keep upon the PREMISES, in a location accessible to CITY, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the PREMISES that CONCESSIONAIRE has provided to any governmental agency in the previous quarter. CONCESSIONAIRE shall, upon request and at CONCESSIONAIRE'S expense, provide CITY with a copy of any such report as to which CITY request a copy. In the event of any accident, spill, or other incident involving hazardous or toxic matter that CONCESSIONAIRE is required to report to any governmental agency, CONCESSIONAIRE shall immediately report the same to the CITY and supply CITY with all information and reports with respect to the same, together with CONCESSIONAIRE'S clean-up or remediation plan and schedule. If such clean-up or remediation plan is not acceptable to CITY in CITY'S sole discretion, CITY may so notify CONCESSIONAIRE and, upon 48 hours prior written notice (or without notice if so required by an emergency) may enter on the PREMISES to conduct the cleanup or remediation and charge CONCESSIONAIRE the costs thereof. All information described herein shall be provided to CITY regardless of any claim by CONCESSIONAIRE that it is confidential or privileged, provided that the CITY shall not publish or disclose the information to any third party except as pursuant to Chapter 42.17 RCW. CONCESSION AGREEMENT Page 8 of 25 4. 9.3 Indemnification CONCESSIONAIRE agrees to hold harmless, protect, indemnify, and defend CITY from and against any damage, loss, claim, or liability, INCLUDING Attorney's fees and costs, resulting from CONCESSIONAIRE'S use, disposal, transportation, generation, and/or sale of any Hazardous Substances. The CITY agrees to hold harmless, protect, indemnify, and defend CONCESSIONAIRE from and against any damage, loss, claim, or liability, including attomey's fees and costs, resulting from (a) Hazardous Substances existing on the PREMISES as of the EFFECTIVE DATE of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or generated on the PREMISES by the CITY. These indemnities will survive the termination of this Agreement, whether by expiration of the Term or otherwise. 4.10 Risk of Loss All personal property of any kind or description whatsoever in the PREMISES shall be at the CONCESSIONAIRE's sole risk, and CITY shall not be liable for any damage done to, or loss of, such personal property. However, CONCESSIONAIRE is not responsible for losses or claims of stolen property during the CITY'S use periods. Article 5. DESIGN & CONSTRUCTION OF PREMISES 5.1 Design The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington (hereinafter referred to as the DESIGN ENGINEER), who shall design the indoor athletic facility and exterior landscaping (the PREMISES), which shall visually blend with the setting. The CITY shall have the right to approve the final design of the PREMISES and shall have a continuing fight to approve the exterior color of any structure on the PREMISES. CONCESSIONAIRE shall comply with the Americans with Disabilities Act of 1990 (ADA) in the design, construction, and operation of the PREMISES. 5.2 Building & Site Plans/Access Easement The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, to prepare building and site plans for the PREMISES, which shall reference the structure, utilities generally, and landscape plan. The CITY shall have the right to approve the final building and site plans. Upon its approval of the final building and site plans, the CITY will grant to the CONCESSIONAIRE an access easement from the PREMISES to the public right-of- way. Upon being granted, the access easement shall run for the term of this Agreement and shall be part of the PREMISES. 5.3 Construction/Site Work/Fencing The CONCESSIONAIRE shall be solely responsible for all development and construction of the PREMISES and hold the CITY harmless from any and all claims arising out of the development and construction of the PREMISES pursuant to Article 8.6 herein. CONCESSIONAIRE shall be responsible for the site work, all required permits and grading. CONCESSIONAIRE shall properly barricade the work area and install CONCESSION AGREEMENT Page 9 of 25 signage directing unauthorized person from entering onto the building site during any phase of development or construction. Unless otherwise agreed fencing shall be placed around the work area. In addition, the building site shall be kept in a clean and organized condition during development periods. CONCESSIONAIRE shall be responsible for site security, traffic and pedestrian warnings at the site during the development and construction phases. 5.4 Construction Deadlines CONCESSIONAIRE shall be required to commence development and construction of the PREMISES within six months of the EFFECTIVE DATE of this Agreement. Commencement of development and construction of the PREMISES is defined as that date upon which physical movement or grading of the soil in preparation for construction of any structure on the PREMISES. CONCESSIONAIRE shall be required to complete the development and construction of the PREMISES within one year of the EFFECTIVE DATE of this Agreement. Completion of the development and construction of the PREMISES is defined as that date upon which all final occupancy permits are obtained by the CONCESSIONAIRE for all structures on the PREMISES. 5.5 Failure to Meet Construction Deadlines/Time of Essence Except as provided in Article 8.15 herein, it is mutually understood and agreed that failure by the CONCESSIONAIRE to meet the development and construction deadlines shall constitute a material breach of this Agreement by the CONCESSIONAIRE and the CITY, at its option, can terminate this Agreement for cause pursuant to Article 7. Time is of the essence with this Agreement. 5.6 Stormwater Drainage, Sewer, & Water Lines The CONCESSIONAIRE will be responsible for relocating storm drains, sewers, and water lines to the PREMISES, as required to complete development and construction of the PREMISES. 5.7 Development and Construction Fees & Expenses The CONCESSIONAIRE shall be responsible for obtaining and paying for necessary permits, fees, and expenses associated with the development and construction of the PREMISES. In addition, CONCESSIONAIRE shall be responsible for any additional costs for inspections billed to the CITY by any government agency, including but not limited to the City of Bremerton, Kitsap County, or the State of Washington. 5.8 Escrow Requirements To Ensure Performance of Contractors It is mutually understood and agreed that the CONCESSIONAIRE will, prior to the commencement of development and construction of the PREMISES pursuant to Article 5.4 herein, place into escrow funds sufficient to ensure contractor performance through completion of construction and development of the PREMISES. 5.9 Not a Public Works Project The development and construction of the PREMISES is not a public works project requiring the payment of prevailing wages. CONCESSIONAIRE is the developer CONCESSION AGREEMENT Page 10 of 25 and the CITY is not an owner, partner, joint venturer, nor maintains any other business relationship with the CONCESSIONAIRE. The CITY is not involved with, nor has any responsibilities for, the biding, contracting or operations of the PREMISES and will occupy no space in the PREMISES. The CONCESSIONAIRE does not deem itself required to pay prevailing wages nor will the CONCESSIONAIRE be obligated to pay or to contract for prevailing wages or any other standard of payment controls associated with this project. This provision is a material part of the consideration for this Agreement. The project signage and all literature, advertising by either the CITY or CONCESSIONAIRE shall not indicate in any manner that this is a CITY project, contract, or other misleading statement indicating that this project is a public work project directly or indirectly. 5.10 No Liens Except liens and encumbrances of any lender pursuant to Article 6 herein, it is mutually understood and agreed that the CONCESSIONAI/>,.E shall have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of the CITY in the PREMISES or to charge the rentals payable hereunder for any claim in favor of any person dealing with CONCESSIONAIRE, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the right and interest granted to CONCESSIONAIRE by this Agreement. If any such liens are filed, CITY may, without waiving its rights and remedies for breach, and without releasing CONCESSIONAIRE from its obligations hereunder, require CONCESSIONAIRE to post security in form and amount reasonably satisfactory to CITY or cause such liens to be released by any means CITY deems proper, including payment in satisfaction of the claim giving rise to the lien. CONCESSIONAIRE shall pay to CITY upon demand any sum paid by CITY to remove the liens. Further, CONCESSIONAIRE agrees that it will save and hold the CITY harmless from any and all loss, cost, or expenses based on or arising out of the asserted claims or liens, except those of the lender, against this Agreement or against the right, title, and interest of the CITY in the PREMISES or under the terms of this Agreement, including reasonable attorney's fees and costs incurred by CITY in removing such liens, and in enforcing this paragraph. Additionally, it is mutually understood and agreed that this paragraph is intended to be a continuing provision applicable to future repairs and improvements after the initial construction phase. Article 6. FINANCING & SECURITY INTERESTS 6.1 Financing - No CITY Obligation CONCESSIONAIRE shall be solely responsible for all financing requirements for all construction, maintenance, repairs, or subsequent improvements to the PREMISES. The CITY shall be under no obligation directly or indirectly to pay for any labor, material, or improvement associated with the facility except as provided herein or mutually agreed upon. The CONCESSIONAIRE shall, in applying and obtaining financing, inform any lender that the CITY has no financial obligations associated with the construction, maintenance, repairs or subsequent improvements to the PREMISES. CONCESSION AGREEMENT Page 11 of 25 6.2 Security Interest in PREMISES & Agreement/Consent The CITY consents to the grant, transfer, pledge and assignment of any and all right, title, claim, interest of CONCESSIONAIRE in and to this Agreement and in the PREMISES, and in any building facility, personal property and fixtures in the PREMISES ("Collateral") to lender for financing purposes. The CITY shall recognize lender's first priority security interest in the Collateral and the CITY hereby subordinates any and all interest of the CITY in said Collateral to lender. CONCESSIONAIRE acknowledges that the CITY will not grant any security interest to any lender in CITY real property nor will the CITY allow any encumbrance of any kind or nature whatsoever upon, or in any manner on its title to CITY real property. In the event of default by CONCESSIONAIRE to lender, in addition to all its rights and remedies available at law and equity, lender may enforce and/or foreclose its security interest/interests in the Collateral. CITY agrees that in connection with any such default, and all without further consent of CITY, lender may: a. Acquire CONCESSIONAIRE'S interest in the Collateral either by a deed in lieu of foreclosure or actual foreclosure; b. Rent and/or grant a ground and use concession of the PREMISES subject to this Agreement pending foreclosure of the Collateral by lender; c. Assign, sell and/or transfer the Collateral in whole or in part to any person or entity; d. Take possession of any or all of the Collateral, obtain right of substitution for CONCESSIONAIRE and operate said Collateral; and/or e. Appoint a receiver. 6.3 LENDER's Reliance on Term and Renewal Options The City acknowledges that the CONCESSIONA]~KE, in making application for financing, may be required to have an assurance that the terms of this Agreement will extend beyond the term of the financing term. By its signature to this Agreement, the CITY confirms its authority to provide the ten-year Agreement term with three options to extend the ten-year Agreement for a total of forty years with the renewal options conditioned solely upon the CONCESSIONAIRE maintaining current payments and remaining in full compliance with the terms and conditions of this Agreement. Lender may, but is not obligated to exercise the right to renew and extend the terms of this Agreement as set forth herein. Additionally, the CITY acknowledges that, after any original financing commitments by the CONCESSIONAIRE have been satisfied, these financing provisions shall be applicable to all future advances or financing required by the CONCESSIONAIRE and used solely for the improvements and repairs of the PREMISES. 6.4 Surrender of the Collateral No surrender of Collateral or the PREMISES subject to this Agreement or any other act of CONCESSIONAIRE shall be deemed to terminate this Agreement. CITY will not terminate this Agreement voluntarily by agreement with CONCESSIONAIRE unless lender has been previously notified in writing and has consented to the termination in writing. This Agreement shall not be amended or modified unless lender has been CONCESSION AGREEMENT Page 12 of 25 previously notified in writing and has consented to such amendment or modification in writing. 6.5 Notice of Default and Lender's Rights 6. 5.1 Notice of Default If CONCESSIONAIRE defaults under this Agreement or if any event occurs which would give CITY the right to terminate, modify, amend or shorten the term of this Agreement, CITY shall take no steps to exercise any right it may have under this Agreement without first giving lender written notice of such default in accordance with Article 6.11 below. A copy of each and every notice of default served or sent by CITY or its agent to or upon CONCESSIONAIRE pursuant to this Agreement shall be sent contemporaneously to lender in accordance with Article 6.11 below. Such notice of default shall specify the event or events of default then outstanding and the time period at the end of which the indicated action would become effective. 6. 5.2 Termination for Monetary Default If the notice of default given by CITY to lender relates to a monetary default and CONCESSIONAIRE has not cured such monetary default within 30 days after lender receives the notice and CONCESSIONAIRE'S failure to cure results in CITY desiring to terminate this Agreement, CITY may terminate this Agreement if such monetary default is not cured by either CONCESSIONAIRE or lender within forty-five (45) days after lender receives the notice of default. 6. 5.3 Termination for Non-Monetary Default If the notice of default given by CITY to lender relates to a non-monetary default and CONCESSIONAIRE has not cured, or diligently pursued curing, such non-monetary default within thirty (30) days after lender receives the notice, CITY shall take no action to terminate this Agreement if: a. Within sixty (60) days after CITY'S notice to lender regarding CONCESSIONAIRE'S failure to cure (or failure to diligently pursue a cure) lender notifies CITY of its intent to realize upon its security interest and commences realization within sixty (60) days thereafter, and diligently pursues realization; and b. Lender pays CITY at time of notification all monies or performances due that may be in default up to the day lender notifies CITY of lender's intent and further pays or performs all consideration that accrues during the period after lender so notifies CITY and completes such other performances that may be required or come due under this Agreement. CITY shall not terminate this Agreement because of CONCESSIONAIRE'S breach of any terms of this Agreement relating to the solvency of CONCESSIONAIRE or the institution of any bankruptcy, insolvency, receivership or related action by or against CONCESSIONAIRE as long as lender cures any default under this Agreement by CONCESSIONAIRE as provided herein, except that lender shall not be required to cure any defaults relating to solvency of CONCESSIONAIRE. CONCESSION AGREEMENT Page 13 of 25 6.6 Right to Assign Lender shall have the right to assign its interest in the Collateral. Upon the purchaser's, assignee's or transferee's assumption and agreement to perform and be bound by all of the terms of this Agreement, lender shall be relieved from further liability under this Agreement. If a lender finances the purchaser, assignee or transferee, said lender shall be subject to all obligations as set forth in this Agreement. 6.7 Disposition of Insurance Should the Collateral suffer any loss which is covered by casualty insurance, and the insurance proceeds are used to restore any improvements made by CONCESSIONAIRE, CITY agrees that CONCESSIONAIRE and lender shall have the right to such proceeds so long as none of CITY' S property, utilities or other services therein are damaged or such damages are repaired. In the event the CITY'S land is substantially damaged and CONCESSIONAIRE'S improvements have been repaired, CITY shall only participate in the insurance proceeds to the extent necessary to repair and restore CITY'S land and any of CITY'S improvements on or in the ground to the same condition the land was at the commencement of this Agreement, or in the same condition at the time of the casualty. Other than as described herein, CITY shall have no claim to insurance proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral. 6.8 Right to Participate in Litigation Lender shall have the right to participate in any litigation, arbitration or dispute directly affecting the Collateral or interest of CONCESSIONAIRE or lender therein, including, without limitation, any suit, action, arbitration proceeding, condemnation proceeding or insurance claim. CITY, upon instituting or receiving notice of any such litigation, arbitration or dispute will promptly notify lender of the same. 6.9 Incorporation of Lender's Protection Provisions Lender shall be a beneficiary of all rights of CONCESSIONAIRE herein including but not limited to the warranty, indemnity, hold harmless, choice of law and venue, costs and attorney's fees as provided herein. 6.10 Right to Remove Collateral In the event lender exercises its rights under its Collateral and realizes upon the Collateral, CITY agrees that lender is entitled to remove the Collateral, including but not limited to building facility, furniture, movable trade fixtures and equipment, from the PREMISES at any reasonable time and that the Collateral shall remain personal property even though the trade fixtures may be affixed to or placed upon the PREMISES. In the event lender so realizes on its Collateral, CITY waives any right, title, claim, lien or interest in the Collateral. 6.11 Notices All notices, copies of notices, consents or other communications to lender given under this Agreement to lender must be in writing and shall be effective when received. CONCESSION AGREEMENT Page 14 of 25 Such communications shall be given in person to an officer of lender, addressed to lender at an address as provided by lender. Article 7. TERMINATION 7.1 Failure to Perform 7.1.1 Obligation to Perform Nothing herein shall imply any duty upon CITY to do any work, which under any provision of this concession CONCESSIONAIRE may be required to perform, and the performance thereof by CITY shall not constitute a waiver of CONCESSIONAIRE's default. CITY shall not in any event be liable for inconvenience, annoyance, and disturbance in its activities in the PARK, however shall not permit a loss of business, or other damage to CONCESSIONAIRE by reason of its actions pertaining to the PARK. 7.1.2 Payments to Other Parties Except as otherwise expressly provided hereunder, all obligations of the CONCESSIONAIRE under this Agreement will be performed by CONCESSIONAIRE at CONCESSIONAIRE's sole cost and expense. If CONCESSIONAIRE fails to pay any sum of money owed to any party other than CITY for which CONCESSIONAIRE is liable hereunder, or if CONCESSIONAIRE fails to perform any other act on its part to be performed hereunder, and such failure continues for ten days after notice thereof by CITY, CITY may, without waiving or releasing CONCESSIONAIRE from its obligations, make any such payment or perform any such other act to be made or performed by CONCESSIONAIRE. CONCESSIONAIRE shall pay CITY, on demand, all sums so paid by CITY and all necessary incidental costs, together with interest thereon at the lesser of 1 V2 percent per month or the maximum rate permissible by law, from the date of such payment by CITY. 7.2 Default 7.2.1 CITY's Default CITY will not be in default unless CITY fails to perform an obligation within thirty (30) days after notice by CONCESSIONAIRE, which notice must specify the alleged breach; provided that if the nature of CITY's obligation is such that more than thirty (30) days are reasonably required for cure, then CITY will not be in default if CITY commences to cure within thirty (30) days of CONCESSIONAIRE's notice and thereafter diligently pursues completion and completes performance within a reasonable time. 7.2.2. CONCESSIONAIRE's Default The occurrence of any one or more of the following events constitutes a default under this Agreement by CONCESSIONAIRE: (1) CONCESSIONAIRE shall be in default of the performance of any covenants, conditions, or provisions of this Agreement, other than the covenants for the payment of consideration required by this Agreement, where such failure continues for a period of thirty (30) days after written notice is given CONCESSION AGREEMENT Page 15 of 25 by CITY provided that if the nature of CONCESSIONAIRE's obligations is such that more than thirty (30) days are reasonably required for cure, CONCESSIONAIRE will not be in default if CONCESSIONAIRE commences to cure within thirty (30) days of CITY's notice and thereafter diligently pursues completion and completes performance within a reasonable time; or (2) CONCESSIONAIRE shall be adjudged a bankrupt, make a general assignment for the benefit of creditors, or take the benefit of any insolvency act, or if a permanent receiver and trustee in bankruptcy shall be appointed for CONCESSIONAIRE's estate and such appointment is not vacated within thirty (30) days; or (3) PREMISES become vacant or deserted for a period of thirty (30) days; or (4) if this Agreement shall be assigned or the PREMISES sublet other than in accordance with the terms of this AGREEMENT and such default is not cured within twenty (20) days after written notice to CONCESSIONAIRE; or (5) CONCESSIONAIRE shall fail to make any payment when due, or fail to make any other payment required hereunder when due, when that failure is not cured within thirty (30) days after mailing of written notice thereof by CITY; or (6) CONCESSIONAIRE shall fail to comply with the same concession term or covenant on three occasions during the Term, even if such breach is cured within the applicable cure period. 7.2.3 Default for Other Cause This Agreement may be immediately terminated for other cause by a party if the other party substantially fails to perform its obligations under this Agreement, through no fault of the terminating party, and the non-performing party does not commence correction of the failure of performance within thirty (30) days of the terminating party's sending notice to the non-performing party. 7.3 Remedies Are Cumulative Remedies under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such remedy. 7.4 Destruction of Premises & Use of Insurance Proceeds Unless otherwise mutually agreed by the PARTIES, in the event the PREMISES are destroyed or injured by fire, earthquake, or other casualty, then CONCESSIONAIRE shall proceed to rebuild and restore the PREMISES, or such part thereof as may be injured as aforesaid. In the event of any loss covered by the insurance policies described and required pursuant to Article 8.5.1 herein, unless this Agreement shall be terminated as provided herein, the proceeds of such insurance policies shall be used by CONCESSIONAIRE first to rebuild and restore the PREMISES and replace the improvements, fixtures, and equipment, which may be damaged or destroyed by such casualty. 7.5 Duties upon Termination Upon termination of this agreement, and unless otherwise arranged, CONCESSIONAIRE shall remove from the PARK all its personal property, goods, and effects. In the event that the CONCESSIONAIRE fails to perform this duty at termination, the CITY may cause such removal to be made and said personal property, goods, and effects to be stored, the cost and expense to be paid by the CONCESSION AGREEMENT Page 16 of 25 CONCESSIONAIRE. It is mutually understood and agreed that the real property constituting the PREMISES of this Agreement is the real property of the CITY and that all improvements to said real property shall revert to the CITY at the termination of this Agreement. 7.6 Eminent Domain The following rules shall govern the rights and duties of the PARTIES in the event of interference with the possession of the PREMISES by CONCESSIONAIRE by right of eminent domain or private purchase in lieu thereof. 7.6.1 Rights of Termination If the whole of the PREMISES shall be taken for any public or quasi-public use under any statute or by right of eminent domain, or by private purchase in lieu thereof, then this Agreement shall automatically terminate as of the date that title shall be taken. If more than twenty-five percent (25%) of the PREMISES shall be so taken and if the taking renders the remainder thereof unusable for the purposes for which the PREMISES were concessioned, then CITY and CONCESSIONAIRE shall each have the right to terminate this Agreement on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. Provided, however, that if the CITY is exercising its rights of eminent domain, a fair value shall be placed on this Agreement and the PREMISES with the compensation thereof awarded solely to CONCESSIONAIRE, or lender pursuant to its security interest, if any. 7. 6.2 Non-Termination If any part of the PREMISES shall be so taken and this Agreement is not terminated, then the CITY shall, at its own cost and expense, restore the remaining portion of the PREMISES to the extent necessary to render it reasonably suitable for the purposes for which it was concessioned. 7. 6.3 Compensation The compensation awarded or paid upon such a total or partial taking of the PREMISES and/or this Agreement shall belong to and be apportioned between the CITY and CONCESSIONAIRE in accordance with their respective interests as determined by a court of competent jurisdiction. Additionally, CONCESSIONAI~RE may prosecute any claim directly against the condemning authority for the costs of removal of the goodwill, stock, trade fixtures, furniture and other personal property belonging to CONCESSIONAIRE. CITY shall have no claim to condemnation proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral, nor shall lender gave any interest in CITY's condemnation proceeds, if any. CONCESSION AGREEMENT Page 17 of 25 Article 8. GENERAL CONDITIONS 8.1 Relationship of PARTIES & 1.1 CONCESSIONAIRE Independent Contractor Status The PARTIES intend that an independent relationship shall be created by this Agreement. Nothing contained herein shall create the relationship of principal and agent or of partnership or of joint venture between the parties hereto, and neither the method of computation of consideration nor any other provision contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of CITY as granting a ground and use concession to the CONCESSIONAIRE. CONCESSIONAIRE has the experience, ability, and resources to develop and operate an indoor athletic facility and is performing independent functions and responsibilities within its field of expertise. CONCESSIONAIRE and its personnel are independent contractors and not employees of the CITY. No agent, employee, servant, or representative of the CONCESSIONAIRE shall be deemed to be an employee, agent, servant or representative of the CITY. CONCESSIONAIRE and its personnel have no authority to bind the CITY or to control the CITY's employees. As an independent contractor, CONCESSIONAIRE is responsible for its own management. The CITY's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over CONCESSIONAIRE or its personnel. &l.2 No Third Party Rights Created It is mutually understood and agreed that this Agreement is solely for the benefit of the PARTIES hereto and gives no right to any other party except as provided by Article 6 herein. & l.3 No Joint Venture/Partnership It is mutually understood and agreed that no joint venture or partnership formed as a result of this Agreement. 8.2 Notices Except as provided in Article 6 herein, any notice required or permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three days after being mailed by certified mail, return receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other, except that CITY may in any event use the PREMISES as CONCESSIONAIRE's address for notice purposes. All notices shall be delivered to the following addresses: CITY Address CONCESSIONAIRE Address City of Bremerton Olympic Soccer & Sports Center, LLC Attn: Director of Parks and Recreation Attn: Mr. Dennis Michael, Manager 680 Lebo Boulevard P.O. Box 5074 Bremerton, WA 98310 Bremerton, WA 98312-0466 CONCESSION AGREEMENT Page 18 of 25 8.3 Reports & Information When requested by the CITY, CONCESSIONAIRE shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. CONCESSIONAIRE shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP). 8.4 Permits, Licenses, Taxes, & Fees & 4.1 Permits, Licenses, & Other Documents The CONCESSIONAIRE shall possess a current Bremerton Business License and shall obtain all regulatory licenses and permits, including all construction and building permits, necessary to fulfill CONCESSIONAIRE's obligations under this Agreement at CONCESSIONAIRE's sole expense. Each party agrees to execute such additional or other documents as may be required to fully implement the intent of this Agreement. 8.4.2 Taxes & Fees As an independent contractor, the CONCESSIONAIRE shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees, business and occupation taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and local taxes and fees, including income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the CONCESSIONAIRE's obligations under this Agreement. 8.5 Insurance &5. I Fire, Earthquake, & Casualty Insurance The CONCESSIONAIRE agrees that, at all times during the full term of this Agreement and at its own expense, CONCESSIONAIRE shall, at its sole cost and expense, maintain in full force and effect adequate fire, earthquake, and other casualty coverage covering the PREMISES and its contents, including all personal property, fixtures, improvements. Such policy shall include a replacement cost endorsement. CONCESSIONAIRE will shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage. All such insurance coverage shall include a ten-day cancellation notice to CONCESSIONAIRE and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the PREMISES to its pre-casualty condition. 8.5.2 Liability Insurance Prior to the commencement date of this Agreement, CONCESSIONAIRE, at its own expense shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing general comprehensive liability insurance coverage ("CGL") providing coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This Certificate of Insurance shall be subject to approval by the CITY's Risk Manager as to company, terms and coverage, and said CONCESSION AGREEMENT Page 19 of 25 approval shall not be unreasonably withheld. The CGL shall name the CITY as an additional insured and must fully protect the CITY from any and all claims and risks and losses in connection with any activities or omissions by the CONCESSIONAIRE by virtue of this Agreement. The CGL policy shall remain in full force and effect at the CONCESSIONAIRE's sole expense for liability for property damage or personal injury that may occur in connection with activities or omissions by the CONCESSIONAIRE, and provide coverage for the full term of this Agreement. CONCESSIONAIRE shall insure that the CITY's Risk Manager is given thirty-calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or modification of such insurance. & 5.3 Release and Waiver of Subrogation Any policy of insurance carried by either CITY or CONCESSIONAIRE pursuant to any obligation under this Agreement, shall, to the extent available, contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither CITY nor CONCESSIONAIRE shall be liable to the other party or to any insurance company (by subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the PREMISES or PARK, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance issued by an insurance carrier authorized or licensed by the Insurance Commissioner of the State of Washington to issue lines of insurance, benefiting the party suffering such loss or damage or was required under the terms of this Agreement to be covered by insurance by the party covering the loss. 8.6 Hold Harmless, Indemnification, & Industrial Insurance &6.1 Hold Harmless & Indemnification Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold the other party harmless against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of the other party, its employees, its subcontractors, its agents, or its assigns, which arise in any way out of the performance of this Agreement. In the case of negligence of both the CITY and the CONCESSIONAIRE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 8. 6.2 Industrial Insurance The PARTIES have specifically negotiated CONCESSIONAIRE's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of CONCESSIONAIRE's indemnification and hold harmless of the CITY, including the CONCESSION AGREEMENT Page 20 of 25 duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the CITY. 8.7 Successors & Assigns The CITY and CONCESSIONAIRE each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Except as provided in Article 6 herein, neither party shall assign the contract in part or as a whole, without the written consent of the other. Except as provided in Article 6 herein, the CONCESSIONAIRE shall not subcontract any of the PREMISES, services, facilities, or equipment, or delegate any of its duties under this Agreement without the prior written approval of the CITY. The CITY acknowledges that the CONCESSIONAIRE shall be authorized to sub-concession areas within the PREMISES to food and beverage purveyors, equipment sales, and similar supporting concessions. When requested, approval by the CITY of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting, or delegation of duties, the CONCESSIONAIRE shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the CITY for the satisfactory performance of the services, facilities, or equipment assumed. The CITY may condition approval upon the delivery by the assignee, subcontractor, or other obligor of its covenant to the CITY to fully and faithfully complete the requirements or responsibility undertaken under this Agreement. Notwithstanding the foregoing, provided CONCESSIONAIRE is not in default, the CONCESSIONAIRE may assign its interest in this Agreement without seeking CITY's consent to a parent or subsidiary. Except as otherwise provided herein, all of the covenants, conditions, and provisions of this Agreement are binding upon and inure to the benefit of the PARTIES and their respective heirs, personal representatives, successors, and assigns. 8.8 Bankruptcy Except as provided in Article 6 herein, PARTIES agree that if the CONCESSIONAIRE is adjudged bankrupt, either voluntarily or involuntarily, then this AGREEMENT, at the option of the CITY, may be terminated effective on the day and at the time the bankruptcy petition is filed. 8.9 Compliance with Laws The CONCESSIONAIRE, its officers, employees, and agents shall comply with applicable federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its obligations under this Agreement. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity based on ability and fitness to all persons regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. The CONCESSIONAIRE shall comply with applicable laws pertaining to employment practices and employee treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts must be complied with. The CONCESSIONAIRE agrees to indemnify and hold harmless the City from all CONCESSION AGREEMENT Page 21 of 25 damages assessed for the CONCESSIONAIRE's failure to comply with the Acts and Standards issued thereunder. The CONCESSIONAIRE is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to any operation in the performance of this Agreement. 8.10 Nondiscrimination PARTIES shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. 8.11 Choice of Law & Venue This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 8.12 Costs & Attorneys' Fees In any action brought to enforce any provision of this Agreement, including actions to recover sums due or for the breach of any covenant or condition of this Agreement, or for the restitution of the PREMISES to the CITY or eviction of the CONCESSIONAIRE during the term or after expiration thereof, the substantially prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants, appraisers, and other professionals, at trial or on appeal, and without resort to suit. 8.13 Modification This Agreement may only be modified by written instrument signed by both PARTIES. 8.14 Change in Law/Renegotiation The PARTIES agree that changes in federal, state or local laws or regulations that materially modify the terms and conditions of the Agreement and result in a detrimental change in circumstances or a material hardship for either party in performing this Agreement may be the subject of a request by a requesting party to renegotiate this Agreement or negotiate Agreement amendments and the responding party agrees to renegotiate fairly with the requesting party. 8.15 Force Majeure Provided that all other requirements of this Agreement are met, any party shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if that party's performance is prevented or delayed by acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, accident to machinery, equipment or materials, unavailability of required materials, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of that obligated party ("Force Majeure"). If as a result of a Force Majeure event, an obligated party is unable wholly or CONCESSION AGREEMENT Page 22 of 25 partially to meet its obligations under this Agreement, it shall give the other party promptly written notice of the Force Majeure event, describing it in reasonable detail. The obligated party's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. 8.16 Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, executed by the party against whom such waiver is sought to be enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other fight or power. 8.17 Illegal Provisions - Severability Should any part of this Agreement be found void, illegal, or unenforceable, the balance of the Agreement shall remain in full force and effect. 8.18 Article Headings, Gender, & Number Article paragraph headings are not to be construed as binding provisions of this concession; they are for the convenience of the PARTIES only. The masculine, feminine, singular and plural of any word or words shall be deemed to include and refer to the gender and number appropriate in the context. 8.19 Entire Agreement This Agreement and its Exhibits constitutes the entire agreement between the PARTIES, and the PARTIES acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 8.20 Counterparts This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8.21 Recording Upon the execution of this Agreement the CITY will cause this Agreement to be recorded with the land use records of Kitsap County, Washington. IN WITNESS WHEREOF, this Agreement has been entered into between the City of Bremerton and Port Blakely as of the __ day of ,2001. OLYMPIC SOCCER & SPORTS CENTER, LLC a Washington limited liability company By: Dennis Michael, Manager CONCESSION AGREEMENT Page 23 of 25 CITY OF BREMERTON a Washington municipal corporation By: Lyrm S. Horton, Mayor APPROVED AS TO FORM: David B. St. Pierre, Assistant City Attorney ATTEST: Kathleen McCluskey, City Clerk LIST OF EXHIBITS Exhibit A- Legal Description of Premises Exhibit B - Preliminary Building and Site Plans Exhibit C - Appraisal and Compensation Information STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that LYNN S. HORTON is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF BREMERTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this __ day of ,2001. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires CONCESSION AGREEMENT Page 24 of 25 STATE OF WASHINGTON ) ) SS. COUNTY OF KITSAP ) On this __ day of ,2001, before me personally appeared , to me known to be the of OLYMPIC SOCCER & SPORTS CENTER, LLC, a Washington limited liability company, that executed the within and 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 was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this __ day of ,2001. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires CONCESSION AGREEMENT Page 25 of 25 EXHIBIT A Legal Description of Premises A portion of the Northeast quarter of the Southwest quarter, Section 21, Township 24 North, Range 1 East, Williamette Meridian, which is more particularly described as follows: Beginning at the East quarter comer of said Section 21, thence along the East-West centerline of said Section 21, S 88o50'50'' W 5316.00 feet to the West quarter comer of said Section 21; thence S 64°45'41'' E 2170.01 feet to the Tree Point of Beginning; thence, S 3o8'47'' W 228.87 feet; thence S 86°01'13'' E 143.75 feet; thence N 3o58'47'' W 228.87 feet; thence N 86°01'13'' W 143.75 feet to the Tree Point of Beginning. CONCESSION AGREEMENT [ ~, ~f Exkibit A EXHIBIT B Preliminary Building and Site Plan CONCESSION AGREEMENT Exlxibit B EXHIBIT "B" NTS Drawing for Legal DR BY BOB ELSEN for Soccer Building 5/13/01 in Pendergast Park EXHIBIT C Appraisal and Compensation Information Background: The City of Bremerton commissioned Richards and Associates, Inc., to conduct a Complete Appraisal of selected building sites located within the boundaries of Pendergast Regional Park in August, 2000. The purpose of the appraisal was to estimate the Market Value and Fair Rental Rate of the building sites. Richards and Associates submitted the appraisal information to the City in a Summary Report format on September 24, 2000. Values: The Richards appraisal estimated the Fair Rental Value of the site selected by OSSC to be $11,700 per year for 85,000 square feet, which equals $.138 per square foot per year. The Richards appraisal also estimated the Fair Rental Value for the exclusive use of each existing parking space to be $250 per year. A comparative market analysis conducted by OSSC in the fall of 2000 established the fair rental value for indoor soccer facilities to be $60 per hour, Calculations: The City of Bremerton has agreed to provide OSSC with 30,000 square feet of Park property to construct and operate an indoor soccer facility. The parties have agreed that the "as-is" rental value of this property is $4,140 per year (30,000 square feet ~ $.138 per year). The parties have further agreed that a maximum of 45 parking spaces will be required to support the indoor soccer facility's primary uses, and that due to fluctuations in seasonal participation, OSSC will consume approximately 60% of the available usage of each of the 45 parking spaces. The parties have agreed that the rental value for the non-exclusive use of the 45 parking spaces is $6,750 per year (45 spaces ~ $250 per year X 60%). Conclusion: The City of Bremerton and OSSC have agreed that as of ., 2001, the date of execution of the Concession Agreement, fair compensation for the Park property and parking spaces required by OSSC is $10,890 per year; fair rental value for the OSSC indoor soccer facility is $60 per hour; and compensation provided by OSSC to the City of Bremerton for the Park property and required parking spaces is equivalem to 182 hours of indoor soccer facility usage per year. CONCESSION AGREEMENT Exhibit C t13 SUBJECT Four Parcels of Land within the Pendergast Regional Park Bremerton, Washington APPRAISAL BY I. Randolph Mosher, MAI Glenn A. Bryan, Associate Richards & Associates 908 Bertha Avenue Bremerton, Washington 98312 DATE OF VALUATION September 12, 2000 ~ A, UTHORIZATION Cristofer A. Gears Director of Parks and Recreation City of Bremerton 680 Lebo Boulevard Bremerton, Washington 98310 00-204 Pendergast Park Sites - 1 - Richards~ssociates t ichards[ ssociates September 25, 2000 Cristofer A. Gears . Director of Parks and Recreation City of Bremerton 680 Lebo Boulevard Bremerton, Washington 98310 Re Appraisal of four vacant parcels of land sites within the Pendergast Regional Park, Bremerton, Washington. Dear Mr. Gears: Enclosed is a Complete Appraisal of the above-referenced properties presented within a Summary Report format. The purpose of the appraisal is to estimate the Market Value and Fair Rental Rate of the pads As-Is and As-Proposed to be developed. Also included is the esti- mated Fair Rental Rate for the existing parking spaces. The intent is to assist the client in their negotiations in leasing the sites and parking. By experience and training, we feel competent to complete this assignment. PROPERTY OVERVIEW The subject of this report are four building sites located in the Pendergast regional park. The sites range in size from 6,000 sf to 100,000 sf. The existing paved parking lot has 477 striped · spaces and encompasses an area of approximately 200,000 sr. APPRAISAL/REPORT TYPE This is a Summary Report which is intended to comply with the reporting requirements set forth under Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice (USPAP) for a Summary Appraisal Report. As such, it presents only summary discussions of the data, reasoning, and analyses employed in the completion of this assignment. Supporting documenta- tion concerning the data, reasoning, and analyses is retained within the appraisers' files. The depth of discussion contained within this report is specific to the needs of the client and for the intended use stated. The appraisers are not responsible for unauthorized use of this report. The appraisal is intended to conform with Re Uniform Standards of Professional Appraisal Practice as adopted by the Appraisal Foundation in addition to the appraisal standards of the Appraisal Institute of which J. Randolph Mosher, MAI, is a current member in good standing. NIVqd ItTI&SVIA[ ;V ,LNITII4IHDV,LJ,V Richard REAL ESTATE APFtR-A~S'E'R~'''& CON SU LTANTS REPORT CONCLUSIONS This appraisal takes into account pertinent factors regarding the subject property and conclu- sions are based on considerable research into current conditions of the Bremerton and Kitsap County real estate markets. Regional and national economic trends have also been analyzed in respect to their impact on the local market. Your attention is directed to the following pages of data and analysis from which, in part, the value conclusions were derived After careful consideration of the appropriate data, it is our opinion that the estimated Market Value and Fair Rental Value of the sites, as of September 12, 2000, are: As-Is Values Effective Estimated Estimated Annual Market Rent/ Site Site Area Market Value Fair Rental Value Month A 90,000 sf $135,000 $12,150 $1,013 B 85,000 sf $130,000 $11,700 $975 C 85,000 sf $130,000 $11,700 $975 D 6,000 sf $12,000 $1,080 $90 Parking 477 spaqes $1,600/space $250/space $21/space As-Proposed Values Effective Estimated Estimated Annual Market Rent/ Site Site Area Market Value Fair Rental Value Month A 90,000 sf $315,000 $28,350 $2,363 B 85,000 sf $300,000 $27,000 $2,250 C 85,000 sf $300,000 $27,000 $2,250 D 6,000 sf $33,000 $2,970 $248 It should be noted that the market value estimates are based on several special assumptions as detailed throughout the report which include: 00-2(34 Pendergast P~rk Sites - 3 - Richards~ssociates Richards( Associates,. l. The As-Proposed value estimates assume developed access and utilities including power, phone, natural gas, storm sewer, sanitary sewer, and water service with adequate fire- .flOW. 2. Estimated completion dates of the sites As-Proposed are not available, and this appraisal does not project their values to some unknown date, but rather estimates the value of the subject sites as of the date of inspection assuming that they are finished, ready to build "pad" sites. 3. The As-Is value estimates were developed from analysis of land sales that will also require development of access and/or utilities. This analysis is predicated on the assumption that subject development costs will be similar in magnitude to' the perceived development costs of the comparable sales. Depending on the pro-forma projected subject site development costs and the number of developers (lessees) that will share these costs, development of the subject sites, at this time, may not be feasible. 4. The estimated Fair Rental Rate of the parking spaces is based on the depreciated cost of the improvements and the underlying land value. The Fair Rental Rate is for exclu- · sive rights to use each parking space. 5. Estimated marker values and rental values are based on provided site areas. If the actual leased areas differ significantly from the provided areas, the market value and rental rate estimates will have to be adjusted. The following pages summarize this process and it is hoped that this report and its format are sufficient for your needs at this time. Thank you for the opportunity to be of service. Sincerely yours, er, MAI Glenn A. Bryan, Associate Appraiser 00-204 Pendergast Park Sites - 4 - Richards~ssociates qV_NIOID~ ,LSVDH~ION~,~d N~V'Id NIV'-Id It~I£SVIA[ :V ,LNI~tlA[HDV£J NtVqd qVN~OID~I ,LSVDH~I(I~td < ~ · . . . / 'IVNIOID~[ &SVDH~I~~d · .~ NlVrld NtVqd H~t,LSVIAt. :V ,LNI~tI4tHDV,L&v Pendergast Park Sites Complete Appraisal - Summary Report Ill APPRAISAL ASSIGNMF~NT LOCATION The four subject sites and parking lot are situated within the Pendergast regional Park located at the terminus of Pendergast Park Road, south of Werner Road and west of Union Avenue in the Auto Center area of Bremerton, Washington.- LEGAL DESCRIPTION The entire Pendergast park is briefly described as Kitsap County Assessor's Tax Parcel 212401-3-005-2001 located in the Southwest Quarter of Section 21, Township 24 North, Range I East, W.M., Kitsap County, Washington. According to Cris Gears, Parks Director for the City of Bremerton, legal descriptions for the individual subject sites have not been created. The only property description available to the appraisers was a sketch of the park with the subject sites shaded. Also provided by the City were site area estimates for each subject site. OSTENSIBLE OWNER According to public records, property ownership is presently held in the name of: City of Bremerton 239 4th Street Bremerton, Washington. HISTORY OF CONVEYANCE ' No title report was provided to the appraisers, but no change in ownership appears to have occurred within the past five years. 00-204 Pcndergast Park Sites - i I - Richard~g~ssocia~es /3/ This summary of sales~lease history is intended to satisfy appraisa! reporting guidelines o,~Iy, which are concerned mainly with t~rice levels paid for the_property within recent years, and is not intended to detail all transfer of ownership interests which may have occurred over this time period. DEFINITION OF TERMS As-Is Value is the "value of specific ownership rights to an identified parcel of real estate as of the effective date of the appraisal; relates to what physically exists and is legally permissible and excludes all assumptions concerning hypothetical market conditions or possible rezoning. As-Proposed or Prospective Value. "A forecast of the value expected at a specified future date. A prospective value estimate is most frequently sought in connection with real estate projects that are proposed, under construction, or under conversion to a new use, or those that have not achieved sellout or a stabilized level of long-term occupancy at the time the appraisal report is written. ''~ Fee Simple Estate: Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheatfi Intended Use: the use or uses of an appraiser's reported appraisal, appraisal review, or consulting assignment opinions and conclusions, as identified by the appraiser based on communication with the client at the time of assignment.® Intended User: the client and any other party as identified, by name or type, as users of the appraisal, appraisal review, or consulting report, by the appraiser based on communication with the client at the time of assignment.® Market Value means "the most probable price which a property should bring in a competitive and open market under ali conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue The Dictionary of Real Estate Appraisal, 3~d Edition, Appraisal Institute, Chicago, 1993, Page 385. The Dictionary, page 283. The Dictionary, Page 140. USPAP 2000 Edition, Definitions, Page I ® USPAP 2000 Edition, Definitions, Page 01~-204 Pendergast Park Sites - 12 - Richards~ssociates stimulus, implicit in this definition is the consummation of a sale as of a o~, ...... ,~ date the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typicaI1y motivated; (2) both parties are well informed or well advised, and both acting in 'What they consider their own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrange- ments comparable thereto; and (5) the price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. ''~ INTENDED USE OF APPRAISAL The client is the City of Bremerton Parks Department. This report is intended for use only by the client and its representatives. Use of this report by others is not intended by the appraisers. The purpose of this appraisal is to estimate the Market Value and Fair Rental Value of the four subject pad sites As-Is and As-Proposed as of the date of inspection. The estimated Fair Rent of each parking space within the existing parking lot is also part of this assignment. The intended use is to assist in leasing the parking and four pad sites to private developers. INTEREST APPRAISED The interest appraised is the Fee Simple title to the subject properties. SUMMARY OF THE APPRAISAL PROBLEM The client requested estimated market values and fair rental ?ates of the subject sites within Pendergast Park As-Is and As-Proposed to be finished. The client also requested fair rental rate per parking space within the existing 477 space parking lot. The subject sites are +6,000 Federal Deposit Insurance Corporation (FDIC) under 12 CFR, Part 323 - Appraisals, 323.2 Def'mitions [fl. 00-204 Pendergast Park Sites - 13 - Richard~ssociates sf to __+ 100,000 sf sites which are currently zoned Parks and Schools (PS) by the City of Bremerton. As concluded in the Highest and Best Use section of this report, the highest and best use of the subject sites is for development of recreational facilities. Sales of PS zoned land are rare, and of the limited number of sales discovered, the transactions were between public entities and do not constitute fair market sales. Given the lack of sales of PS zoned land, the appraisers analyzed sales of industrial land which is considered the most viable alternative for development of recreational facilities within the city. Pendergast Park is also located at the southern periphery of the Auto Center area of Bremerton, which is Kitsap County's principal industrial neighborhood. Therefore, the estimated market value of the subject sites As-Proposed to be Finished is developed from analysis of finished industrial "Pad Ready" sites. The subject sites in there As-ls state have been cleared and graded. Water, power, telephone, and sanitary sewer services and a storm drainage system have been developed within the park, but not developed to the individual lots. Upgrades to the water facilities in order to provide fire flow and upgrades to the storm system will also be required prior to development of the sites. The costs for developing adequate utilities to the subject sites are unavailable and can.not reasonably be estimated by the appraisers. Given the lack of cost information, the appraisers have collected sales of industrial land that will also require significant development costs prior to construction. The appraisers then selected the sales that, based on the information available, appear most similar to the subject sites. The fair rental rate of the subject sites was developed using a market rates of return on ground leases and applying these rates to the estimated subject market values. The estimated market rental ram for the existing parking spaces located within the park is not an estimate of parking rates that the public would be willing to pay for use of a parking space. There is insufficient demand for the parking within the Pendergast Park for the market to bear any rental costs. Rather, the market rent of these spaces is based on a market rate of return of the depreciated costs of the improvements and the underlying land value for each parking space. The demand for the parking is created because developers of the subject sims have the option of renting spaces in the parking lot instead of developing on-site parking spaces. SCOPE OF THE APPRAISAL The appraisal process followed in the preparation of this summary report involved an on-site inspection of the subject properties; an analysis of pertinent factors regardin~ national, 0tl-204 Pendergast Park Sites - 14- - Richards~ssociates regional, and local economic conditions; an analysis of the Highest and Best Use of the land; and a comparative analysis with similar properties in the area. The on-site inspection of the subject sites was conducted on September .[2, 2000. It consisted of a walking tour of the properties during which photographs were taken. Area estimates utilized within the report are based solely on estimates provided by the Parks Department. Without legal descriptions available, the provided site area estimates cannot be verified. The valuation process employed the Sales Comparison Approaclt which is the proccdurc in appraisal analysis which produces an estimate of value for a property by comparing it with similar properties which have sold recently or are currently offered for sale in the same or competing areas. In compiling data for the analysis, considerable research was conducted for comparable land sales data. Sources of sales data included METROSCANTM, a computer database which provides data on all properties located in Kitsap County, Northwest Multiple Listing Service records for Kitsap County, and in-house data. Sales documents and other relevant information (Warranty Deeds, Deeds of Trust, Short Plats, Surveys, etc.) were obtained from microfilm .-. copies of the County Auditor's records, and an attempt was made to contact as least one of the principals or an agent involved in the transaction to confirm the sale. The sales were viewed and analyzed in comparison with the subject. RELEVANT DATES Date of Valuation: September 12, 2000, the most recent date of on-site property inspection. Date of the Report: September 25, 2000, date of the report's submission to the client. 00-204 Pendergast Park Sites - 15 - Richard~ssociates I AREA DATA Due to the abbreviated summary format of this report a detailed Bremerton discussion is omitted and only a very brief neighborhood discussion is included. SUBJECT NEIGHBORHOOD The immediate subject neighborhood is the Bremerton Auto Center which is a mixed commer- cial, industrial, and residential area located in the general vicinity of Bremerton's southwest- erly city limits. The neighborhood gains its name from the concentration of automobile dealer- ships located along Auto Center Boulevard between 1st Street and Wilkes Avenue that were originally constructed beginning in 1972. The traditional Auto Center core loosely encom- passes an area bounded by Kitsap Way to the north, SR-3 to the east, Werner Road to the south and the westerly boundaries of the properties fronting on the west side of Auto Center Boulevard. Most of the Auto Center lies within the Bremerton City limits and is primarily zoned General Industry (IG). The primary advantage enjoyed by the Auto Center over other industrial/warehousing competi- tion is its excellent location. Conveniently situated within a short drive of the most populous areas of Bremerton, Silverdale, and Central Kitsap County, the Auto Center has good access to SR-3 via the interchanges at Werner Road and at Kitsap Way. Kitsap Way itself is a major cross-town arterial connecting the freeway with the commercial and employment centers of Bremerton. There has been a gradual reduction in the available land located within the traditional Auto Center core, and this has spurred interest in development around the periphery, namely toward the south and west along either side of Worrier Road. The southerly expansion has been spear- headed by Charles Haselwood, a local auto dealer. Over the years he has assembled multiple parcels of land south of Haselwood Street between Union Avenue and Oyster Bay Avenue and is in the process of developing the overall site. Recent construction in this area includes an 8,100 sf build-to-suit warehouse building for Sullivan Heating, and the Haselwood Chevrolet dealership. Another assemblage involves the residential properties acquired by the City of Bremerton north of the sewer treatment plant. The properties were rezoned and sold to Rod Parr, owner of the local Ford franchise. He intends to construct a new dealership on the site, and is currently in the process of completing required site work. 00-204 Pendergast Park Sites - 16 - Richard~ssociates A major development that will be a significant addition to the southerly expansion of the Auto Center, is a proposed Planned Unit Development (PUD) abutting Pendergast Park and the National Guard Armory. Owned by Pope Resources, the PUD encompasses approximately 270 acres and is anticipated to include roughly 209 acres of residential land and 61 acres of industrial land. Sewer service has been extended to the industrial portion and some prelimin- ary grading has been completed. Located on the National Guard Armory site is a regional fire training facility. A proposed $t2 million expansion of this facility includes emergency educational and training facilities for the Navy, National Guard, and. local fire departments and the new headquarters for CENCOM and Kitsap County Coroner. The project includes upgrades to area water lines (including-installing a 12" water main parallel to Werner Road) to provide 'adequate water flow for training exercises. A westerly expansion of the Auto Center has also occurred gradually along both sides of the Werner Road hill, and this area is also poised for some potential major development. There are 68 acres of Industrial Park zoned land on the west and south side of the terminus of Werner Road which have been on the market for five years. The principal obstacle to its development has been the lack of public utilities. It appears, however, that this may be resolved within a relatively short time and the parcel could be sold and developed within the next five years. Another proposal of significance involves 440 acres of forestry land owned by Port Blakely Communities located south and west of Kitsap Lake. The company is plann- ing a mixed use corporate campus which would include 1,200 residences, and has received preliminary approval from both Kitsap County and the City of Bremerton. The project is awaiting annexation into the city in addition to environmental impact and traffic studies before final approval can be granted. Other changes of note in the Auto Center include the widening of Rogers Avenue and its extension to Auto Center Boulevard. This will connect Auto Center Way and Auto Center Boulevard and open up several vacant parcels for development. This project is still in the right-of-way acquisition phase. Clearly, the Auto Center and environs continues to attract development interest, and it remaim a viable commercial/industrial area with an active present and a promising future. 00-204 Pendergast Park Sites - 17 - Richard.~ssociates qVhIOIDllt J,$VDH~~~d ' <q~okt . .~..'/, ~ ~~ ,, .., ~".. .. ,. .. .... ['co NIVrld lt~lJ.$VlAI ':v j;si{t~3vJ;a SITE DESCRIPTION SITE SIZE AND SHAPE The subject sites are situated within Pendergast Regional Park, a partially developed recreational park encompassing fifty acres. To date, the park has developed three bali fields, two soccer fields, a concession stand and restroom facility, a children's play toy, paved basket ball courts, a volley ball court, and a 477 space paved parking lot. The subject parcels of land are unsegregated sites within the park. They are depicted on the facing page site plan and briefly described below including site area estimates provided by the City of Bremerton Parks department. SITE A. is a +90,000 sf (_+2.07 acre) rectangular shaped tract of land located on the southern end of the parking lot. According tO scaled measurements from site plans and an aerial photo- graph, it measures roughly 205' x 440'. The site has been cleared, graded nearly level, and is currently utilized as a soccer field with a small sprinklered lawn area on its northern portion. SrrE B is a _+ 100,000 sf (_+2.30 acre) pie-shaped tract of land located on the western end of the parking lot. According to scaled measurements it has a maximum depth of about 410'. The site which has been cleared and graded, and has been excavated along the west margin of the parking lot and the southern margins of the pedestrian walkways to the concessions stand. Site B, then, has a 15' to 20' bank along its northern and eastern boundaries which gradually diminishes near its southeast corner. Eliminating the bank area gives an effective site area similar to Site C or roughly 85,000 sr. SITE C is a _+85,000 sf (_+ 1.95 acre) pie-shaped tract of land located approximately 200' west of the parking lot. According to scaled measurements it has a maximum depth of about 330'. The site has been cleared and graded nearly level. A paved driveway from the parking lot ter- minates near the southeast corner of this site. SITE D is a small, +6,000 sf (+0.14 acre) square-shaped tract of land with a truncated corner located approximately 470' west of the parking lot along the western margin of the concession stand. The site has been cleared, graded with a slight rise towards the northwest, and land- scaped including lawn, deciduous trees, and an underground sprinkler system. 00-204 Pendergast Park Sites - 18 - Richardst~ssociates The PARKING LOT has 477 striped stalls according to a count during our on-site inspection. Constructed in 1995, the lot is paved and includes extruded concrete curbs and bumpers, landscape islands, and a storm drainage system which directs surface water to an on-site deten- tion pond located south of Site C. There is no outdoor lighting. According to scaled measure- ments, it encompasses an area of approximately 200,000 sf (+4.59 acres). SOILS As previously mentioned, the park property has received a significant amount of site develop- ment including excavation and fill work. Based on a grading plan of the park, Site A along with most of the parking lot was excavated, Sites B-D were ~led. It should be noted that no soils tests were conducted by the appraisers, nor were any indepen- 'dent soils studies provided by the sponsors of this report. During the on-site inspection, the appraisers noted a wet area ab°Ut midway along Parcel B's eastern boundary. According to a grounds keeper, there is a natural spring in this area. An open drainage ditch which channels surface water from the upper, northern ball fields was also noted. This appraisal assumes that the soils have adequate load bearing capacity to support typical recreational buildings, and that the filled portions of the subject sites are buildable. In the event that the soils have inadequate load bearing capacity, the appraisers reserve the right to revise the estimates of value detailed in this report. EXISTING EASEMENTS, COVENANTS, AND RESTRICTIONS A title report was not provided to the appraisers. No adverse easements were apparent during the on-site inspection, and this appraisal assumes there are no adverse easements encumbering the subject sites. ACCESS Access to the park is available from Pendergast Park Ro~d, a city-maintained easement roadway which crosses the adjacent National Guard property from Union Avenue. Pendergast Park Road is paved for one lane of travel in each direction and includes a paved pedestrian path separated from the road by a landscaped strip parallel to its northerly side. Union Avenue is a local collector street extending southerly from Werner Road. 00-204 Pendergast Park Sites - 19 - Richards~ssociates No vehicle access has been developed to the subject sites, and Parcel D will be limited to pedestrian access only. UTILITIES Utilities developed within the park include power and phone, service from Puget Sound Energy and US West Communications, respectively, and water and sanitary sewer service from the City of Bremerton. According to a utilities plan provided by the city, there is an 8" water line running east-west and terminating at a fire hydrant north of Site B. Two inch irrigation lines run throughout lawn areas, and there is a sanitary sewer line running between Sites B and C. The on-site inspection located a power transformer box between Skes B and C. There is also an on-site storm system which channels surface water from the ball fields and parking lot to a detention pond located south of Site C. According to Cris Gears, Director of Bremerton Parks and Recreation, the on-site storm water system will have to be upgraded to accommodate planned development including an indoor soccer field, ice skating rink, recreation center, and a building housing indoor batting cages. According to Mr. Gears, based on discussions with individuals in the Public Works and Utilities Division, the preliminary estimated costs for upgrades to the on-site storm water system would be under $20,000 for a 25,000 sf building. Mr. Gears also indicated that currently there is insufficient water volume and pressure providing fire flow to the park property. He mentioned a planned expansion of the fire training facility on the adjacent property to the east would include water facilities upgrades. According to Mick McKinley, Captain of the Bremerton Fire Deparunent, a $12 million joint fire education and training facility including a new headquarters is planned for this site. Mr. McKinley stated that $7 million in federal funds have been received toward construction of the proposed facility, and he hopes to secure the remainder from state and local agencies. If funding is procured, a 12" water main paralleling Werner Road would be installed by the end of next year. Mr. Gears stated that extending lines from this facility to the subject sites could cost $300,000 based on his discussions with the City Utilities Division. Mr. Gears also stated that this cost could be partially offset by "late comer" fees which Pope Resources would pay if their project to the south and west were to be developed. In conclusion, there are too many unknown factors to attempt to make a credible estimate of utility development costs. 00-204 Pcndergast Park Sites - 20 - Richard~ssociates ZONING Pendergast Park is zoned Parks and Schools (PS) by the City of Bremerton zoning ordinance adopted in 1996. The purpose of this zone is "to protect and preserve lands that are currently developed, used, suited for, or planned for public and/or private park, recreation, or open space uses, as well as lands needed for recreational and educational facilities of long term value and benefit to the community and region" Permitted uses include passive and active parks, schools, libraries, recreation-related non- profit group facilities, concessions, and accessory uses. Uses requiring a Special Use Permit include golf coursesl boat ramps, rifle ranges, maintenance and vehicle yards, administrative offices, and buildings and structures for nonprofit groups on public lands. There is no minimum lot size or width, but maximum lot coverage is 25 %, maximum building height is 40', and building setbacks are 30' for front, side, and rear yards. Required parking spaces for recreational park facilities are to be determined by the Director of the Department of Community Development. ASSESSED VALUATION AND TAXES Pendergast Park (Assessor's Tax Parcel 212401-3-005-2001) is currently assessed at $350,000 for the 50 acre property. The current levy rate is $15.215597 per $1,000 of assessed value. The subject sites are unsegregated from the overall park property. As municipally owned, the park is exempt from paying property taxes. BUILDING IMPROVEMENTS The subject sites have no buildings. PROPOSED SITE IMPROVEMENTS Proposed site improvements include extending water (with adequate fire flow), sanitary sewer, power, phone, and natural gas lines to the subject sites. The on-site storm retention system is also proposed to be upgraded to accommodate planned buildings, and vehicular access is planned to be developed. Details concerning these developments are dependent on off-site 00-204 Pendergast Park Sites - 21 - Richards~ssociates projects and are unavailable at this tLme. Costs of subject site improvements are also unavail- able, but are expected to be paid by the developers (lessee's) of the subject sites with partial reimbursement from "late comer" fees assessed against the adjoining Pope Resources property to the south and west. 00-204 Pertdcr§ast Park Sites - 22 - Richardst~ssociates HIGHEST & BEST USE Highest and best use is defined as "the reasonably probable and legal use of vacant land or an improved property, which is physically possible, ~appropriately supported, financially feasible, and that results in the highest value. ''~ According to the definition, the analysis of highest and best use must meet four criteria. This use must be (I) physically possible, (2) legally permissible, (3) financially feasible, and (4) maximally productive. This applies to the land as if vacant and as improved. AS VACANT Physically Possible Uses: With effective site areas of +85,000 sf to +_90,000 sf and cleared, graded building sites, subject Sites A-C are large enough to accommodate a wide variety of uses. The principal physical limitations of subject Site D is its relatively small size of +6,000 sr. Legally Permissible Uses: Legal factors influencing the highest and best use of a site are primarily government regulations such as zoning, comprehensive plans, and environmental restrictions. The subject sites are zoned Parks and Schools PS. Given their location within the Pendergast Park, only park and recreational facilities would likely be allowed, and a rezone is considered very unlikely. Financially Feasible Uses: The test for financial feasibility involves a use which is physically possible, legally permissible, and which generate a return greater than the combined income needed to satisfy operating expenses, financial expenses, and capital amortization. All uses that are expected to produce a positive return are regarded as financially feasible. Maximally Productive Uses: A maximally productive use is that use among financially feasible alternatives which produces the greatest net return. In the subjects' case, park and recreational facilities, including the planned indoor soccer field, skating rink, and recreation center are con- sidered the highest and best use of the subjects "As Vacant".- Site D's development potential is more limited, due to its location +-470' from the parking lot and its minimal size of +-6,000 sr. Planned development for this site is a building that houses indoor batting cages. This use The Appraisal of Real Estate 10m ed., Appraisal Institute, Chicago, IL, 1992, p. 275 0o-2o4 Pendergast Park Sites - 23 - Richards~ssociates would benefit from the its location adjacent to three ball fields, basket ball courts, a play ground, and the concession building, all of which generate pedestrian traffic. With planned use of the existing park parking lot, this is considered the highest and best use of this site "As Vacant". AS IMPROVED The subject sites are vacant and unimproved with the exception of minimal site improvements that do not affect their highest and best use "As Vacant". 00-204 Pendergast Park Sites - 24 - Richards~ssociams AS-IS VALUE OF SITES A-D The highest and best use of the subject sites is for development of recreational facilities including an indoor soccer field, ice skating rink, recreation center, and an indoor batting cage facility for Site D. The sites are zoned Parks and Schools (PS) and similarly zoned properties rarely sale on the open market. Thus, the appraisers have analyzed industrially zoned land -- considered the most reasonable alternative foi~ recreation centers. In fact, the only similar privately owned recreational center is Bremerton Skateland which is situated on a 2.44 acre site on the north side of Fuson Road, east of SR-305. The site is zoned Highway Tourist Commercial by Kitsap County, but the highest and best use is low intensive commercial or industrial uses. Given the uncertainty in site development costs for the subject sites, a search was conducted for similar undeveloped industrial acreage sales. The transactions uncovered are summarized in the following chart, and the facing page map depicts the locations of these comparables in relation to the subject sites. Land Comparables Summary Chart Seller Effective Sale Sale Effective Price/ Tax Lot Price Date Area (sj9 sf Callison's Inc. $225,000 10/1999 217,800 $1.12 342401-3-018-2001 ~ McCotter $290,000 * 4/1999 211,486 $[.37 212401-2-077-2006 A Ulbright $280,000 1/2000 175,500 $1.60 4449-001-005-0103 5C's Corporation $1,235,876 8/1999 558,874 $2.21 4449-001-002-0106 ~ multi' ~arcel transaction * Adjusted Sale Price CORRELATION AND CONCLUSION Four closed land sales were selected to estimate a market value for the subject sites, and the comparables are analyzed on a price per square foot of land area, the method preferred by both 00-204 Pendergast Park Sites ~ 25 - Richards~ssociates brokers and investors of industrially properties. All sales are cash transactions or have seller- financed terms equivalent to cash, and all have industrial zoning. Before adjustments the comparables range in price from $1.12/sfto $2.21/sf. They have been analyzed in comparison with the subject sites, and adjustments have been considered for the passage of time, conditions of sale, and dissimilarkies in location, size, topography, utilities, access/frontage, and zoning. SIT~.S A-C Subject Sites A, B, and C range in size of effective area from _+85,000 sf for B and C and ___90,000 sf for A. Without knowing the site specific development costs, the sites are consid- ered similar and the following adjustments have been made. In recognition of generally increasing property values, a 3 % annual adjustment is made for the passage of time. The subject is located off Union Avenue and receives minimal traffic exposure. The compar- able sales have similar destination locations with the exception ofComparables 3 and 4, which are located on the north side of Newberry Hill Road. These properties have higher visibility and are adjusted downward by 10 % for superior location. All of the comparables are larger in size than the subject sites and are adjusted upward by 10 % to 25 % for their larger size in recognition of the inverse relationship between size and value per square foot. The subject sites are graded nearly level. Comparables 2 and 3 also have good topography, but Comparables 1 and 4 will require grading work and have been adjusted upward by 10% for their inferior topography. Similar to the subject, all of the comparables will require development of utilities and no justment was made. The comparables all front along paved road. The close proximity of the subject sites to a developed parking lot, which the sites will be able to utilize, eliminates (or reduces depending on parking requirements) the need for developed access. Access is, therefore, considered similar to the comparables, and no adjusted was made. 00-204 Pendergast Park Sites - 26 - Richards~ssociates Land Comparables Adjustment Chart: As-Is Sites A - C Comparable No. Subject I 2 3 4 Grantor Sites Catlison's Inc. ,-. McCotrer Ulbright 5C's Grantee A-C P.O. Ind. Pk. LP. Lauder Ent. Inc. Diamond Silverdale Water District Street Pendergast Rd. Cook Road Wemer Road Dickey Road Newberry Hill Road Location Bremerton Port Orchard Bremerton · Silverdale Silverdale Property Data Tax Lot' Not Seg. 342401-3-018-2001 212401-2-077-2006 44494301430543103 444943014102-0106 Effective Area (st) 85-90 K 217,800 211,486 175,500 558,874 Access/Frontage Paved Paved Paved Paved Paved Zoning PS Industrial Industrial Industrial Industrial Sale Data [ ^ For the sake of brevity, multipamel transactions list only one parcel J Recording Date October-99 ApriI-99 January-GO August-99 Auditor's File No. 3215278 3171637 3231756 3204403 Sale Price $'245,000 $290,000 * $280,000 $1,235,876 Price/sf $1.12 $1.37 $1.60 $2.2I Normal l:}r~ce A, djustmeats I ' Adjusted Sate Pficm. I Financing 0.0% 0.0% 0.0% 0.0% 0.0% Conditions of Sale 0.0% 0.0% 0.0% 0.0% 0.0% Time (%lyf) 3.0% 3.0% 4.5% 2.0% 3.5 % Time-Adjusted Normal S/si $1.15 $1.43 $1.63 $2.29 Physical Adjustments ._..,:.::::::. :, Location/Exposure Park 0.0% 0.0% -10.0% ~10.0% Size/Utility 85-90 K 10.0 % 10.0 % .10.0 % 25.0 % Topography Level 10.0 % 0.0 % 0.0 % 10.0 % Utilities 0.0% 0.0% 0.0% 0.0% Access/Frontage Paved 0.0 % 0.0 % 0.0 % 0.0 % :: Zoning PS 0.0% 0.0% 0.0% 0.0% Net Adjustments 20.0 % 10.0 % 0.0 % 25.0 % Adj. Sale Price/sf $1.38 $1.57 $1.63 $2.86 Finally, no zoning adjustment was warranted as the comparables have industrial zoning which would permit the subjects' highest and best use. After adjustments, the comparable sales generate a range from $1.38/sf to $2.86/sf. At the high end of the range is comparable 4, in which the Grantor agreed to pay for 40 % of the development costs of an access roadway. Considered most comparable to the subject sites are Comparables 1 and 2. Comparable 1 is the sale of two 2.5 acre tracts of land originally sold to the Grantor by the Grantee. The original Grantor agreed to develop water lines to the par- cels and allow access through the Grantor's industrial park. The Grantee decided not to use the property and after marketing the properties for several years resold them to the original Grantor. The current owner is in the process of grading the sites, developing access through his adjacent industrial park, and extending utilities including sanitary sewer service. Compar- able 2 consisted of two adjacent tracts of land located at the northeast corner of Werner Road and Nollwood Lane. This property is currently improved with an older duplex and has all utilities. Similar to the subject, there is insufficient water capacity for fire flow. Placing equal weight on these two sales, a value of $1.50/sf is estimated for Sites A, B, and C, and the Market Values of the fee simple interest in the Subject Sites A, B, and C, as of September 12, 2000, is estimated to be: As-Is Values Site A +90,000 sf@ $1.50/sf = $135,000 Site B +85,000 sf @ $1.50/sf = $127,500 or $130,000 Rounded Site C + 85,000 sf @ $1.50/sf = $127,500 or $130,000 Rounded SITE D Parcel D has an area of only 6,000 sf, considerably smaller than the comparables. Accord- ingly, the comparables are adjusted upward by 50% to 65 % for their larger size in recognition of the inverse relationship between size and value per square ~oot. No adjustment is made for access because the planned subject development will be supported by pedestrian traffic within the park which has developed access. Utilizing the same adjustments for time, location, and topography, the comparables range in indicated values from $1.84/sf to $3.78/sf. Again, placing most weight on Comparables 1 and 2, a value of $2. O0/sf is estimated for Site D, and 00-204 Penderga~t Park Sites - 27 - Richards~.ssociates Land Comparables Adjustment Chart: As-Is Comparable No, Subject 1 2 3 4 Grantor Site CalIison's Inc. McCotter Ulbright 5C's Grantee D P.O. Ind. Pk. LP. Laurier Ent. Inc. Diamond Silverdale Water Disrrt'cr Street Pendergast Rd. Cook Road Wemer Road Dickey Road Newberry Hill Road Location Bremerton Port Orchard Bremertoo Silverdale Silverdale Property Data Tax Lot' Not Seg. 342401-3-018-2001 212401-2-077-2006 4449-001-005-0103 4449-001-002-0106 Effective Area (sO 6,000 217,800 211,486 175,500 558,874 Access/Frontage Paved Paved Paved Paved Paved Zoning PS Industrial Industrial Industrial Industrial Sale Data [ ^ For the sake of brevity, multipamel transactions I!st only one parcel. Recording Date October-g9 April-g9 ~anuary-00 August-99 Auditor's File No. 3215278 3171637 3231756 3204403 Sale Price $245,000 $290,000 * $280,000 $1,235,876 Price/sf $1.12 $1.37 $1.60 $2.21 [ · ^djust sago Pri . j Normal Price Adjustments Financ'mg 0.0 % 0.0 % 0.0 % 0.0 % 0.0 % Conditions of Sale 0.0% 0.0% 0.0% 0.0% 0.0% Time (%/Y0 3.0% 3.0% 4.5% 2.0% 3.5% Time-Adjusted Blormal $/sf $1.15 $1.43 $1.63 $2.29 Location/Exposure Park 0.0% 0.0% -10.0% -10.0% Size/Utility 6,000 50.0% 50.0% 50.0% 65.0% Topography Level 10.0 % 0.0 % 0.0 % I0.0 % Utilities 0.0 % 0.0 % 0.0 % 0.0 Access/Frontage Paved O.0 % 0.0% 0.0 % 0.0 Zoning PS 0.0% 0.0% 0.0% 0~0 Net Adjustments 60.0% 50.0% 40.0% 65,0% Adj. Sale Price/sf $1.84 $2.15 $2.28 $3.78 Market Value of the fee sim£Ie interest in Subject Site D, as of September I2, 2000, is estimated to be: As-IS Value Site D +6,000 sf @ $2.00/sf = $12,000 00-204 Pendergast Park Sites - 28 - Richards~ssociates AS-PROPOSED VALUE OF SITES A-D The subject sites are proposed to be finished with all utilities developed to each site and developed vekicle access. The subject sites As Proposed to be finished are compared to other finished "pad ready" industrial sites. The collected sales are summarized in the following chart, and the facing page map depicts the locations of these comparables in relation to the subject sites. Land Comparables Summary Chart Seller Effective Tax Lot Sale Price Sale Date Area (si9 Price/sf . Pt Orchard Industrial Park $165,000 11/98 43,585 $3.79 5392-000-003-0002 Pt Orchard Industrial Park $215,000 6/99 57,257 $3.75 5392-000-013-0000 Pt Orchard Industrial Park $235,000 10/99 66,000 $3.56 5392-000-015-0008 Rembert $62,500 4/98 13,440 $4.65 17251-3-031-2004 Haselwood $218,700 * 11/97 48,600 $4.50 4546-014-00 t -0508 Haselwood $383,500 * 6/98 85,000 $4.50 4546-016-008-03 Casad-Morgan $334,000 * 3/99 70,565 $4.73 4546-006-001430 Bremerton School $90,250 8/99 16,000 $5.64 162401 4-070-2006 · Adjusted Sale Price CORRELATION AND CONCLUSION Eight closed land sales were selected to estimate a market value for the subject sites and the comparables are analyzed on a price per square foot of land area, the method preferred by both brokers and investors of industrially properties. All sales are cash transactions or have seller- financed terms equivalent to cash, and all have industrial zoning or highest and best use. Before adjustments the comparables range in price from $3.56/sf to $5.64/sf. They have been adjusted in a comparative analysis with the subject sites, and adjustments have been considered 00-204 Pendergast Park Sites - 29 - Richard~ssociates Land Comparables Adjustment Chart: As-Proposed Lots A-C Comparable No, Subject 1 2 3 4 5 6 7 8 Grantor Sites P.O. Ind. £k. LO. P.O. Ind. Pk. LP. P.O. Ind. Pk. LP, Rembert Haselwood Haselveood Ca,ad-Morgan Bremerton School Grantee A-C [sland Leasing Slim City of P.O. Baker Sullivan BCI CocaCola Haselwood Ryder Street Pendergast Rd. Lumsden Road Lumsden Road Vivian Court Provost Rd West Hills Blvd. West Hills Blvd. West Hills Blvd. Bmen Ave. Location Bremerton Port Orchard Port Orchard Port Orchard Silverdale Bremerton Bremerton Bremerton Bremertou Property Data Tax Lot' Not Seg. $392-000-00~-0002 ~392-000-013-0000 $392,4?00-01:~-0008 t72501-3-031-2004 4546-014-001-0508 4.~46-016-~08-03 4~46-006-001-00 [62401-4-070-2006 Effective Area (sf) 85-90K 43,585 57,257 66,000 13,440 48,600 85,000 70,565 16,000 Access/Frontage Paved Paved Paved Paved Paved Paved Paved Paved Paved Zoning PS Industrial Industrial Industrial Industrial General Business General Business General Business Industrial ~ For Ihe sake ot iarevtt,/, mu/t/parcel b'ansaO, ions list only one pameL Sale Data Recording Date 30-Nov-98 15-.1'un-99 18-Oct-99 15-Apr-g8 15-Nov-97 16-.1'u11-98 26-Mar-99 3-Aug-99 Audilor's File No. 3130409 3189740 3214581 3084782 3053934 3096158 3165987 3197810 Sale Price $165,000 $215,000 $235,000 $62,500 $218,700 * $382,500 * $334,000 * $90,250 ~'~f'l Price/sf $3.79 $3.75 $3.56 $4.65 $4.50 $4.50 $4.73 $5.64 ] ' Adjusted Sale Price. ~ Normal Price A~ustments Financing 0.0 % 0.0 % 0.0% 0.0% 0.0 Conditions of Sale 0,0% 0,0% 0,0% 0.0% 0.0% 0.0% 0.0% 0.0% Time (%/yr) 3.0% 5.5% 4.0% 3.05 7.5% 8,5% 7.0% 4.5% 3.5% Time-Adjusted Normal $/sf $4.00 $3.90 $3.67 $5.00 $4.88 $4.82 $4.94 $5.84 Physical Adjustments LocationlExposur Park 0.0% 0.0% 0.0% 0.0% -20.0% -20.0% -20.0% -10.0% Size/Utility 85-90K -10.0% -5.0% -5.0% -30.0% -10.0% 0.05 -5.0% -25.05 Topography Level 0.0% 0.0~; 0.0% 0.0~ 0.0 Utilities All 0.0 % 0.0 % 0.0 % 0.0 % 0.0 Access/Frontage Paved 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Zoning PS 0.0% 0.0% 0.0% ~ 0.0% 0.0% 0.0% 0.0% 0.0% Net Adjustments -10.0%' -5.05 L -5.0% -30.0% -30.0~ ' -20.0 ~, -25.0% -35.0% Adj. Sale Price/sf $3.60 $3.71 $3.49 $3.50 $3.42 $3.86 $3.71 $3.80 for the passage of time, conditions of sale, and dissimilarities in location, size, topography, utilities, access/frontage, and zoning. SIT~.S A-C In recognition of generally increasing property values, a 3 % annual adjustment is made for the passage of time. Comparables 5-7 are located in a recently developed industrial area south of Werner Road and receive greater exposure than the subject sites and are adjusted downward by 20% for their superior location. Also Comparable 8 is located in an established area of the Auto Center, has higher visibility, and is adjusted downward by 10% for its superior location. With the exception of Comparable 6, all of the comparables are smaller in size than the subject sites and are adjusted downward by 5% to 30% for their smaller size in recognition of the inverse relationship between size and value per square foot. As finished sites, the subject sites are similar in topography, developed utilities, and access to the comparables, and no adjustments are warranted. Finally, no zoning adjustment is warranted as the comparables have industrial or commercial zoning which would permit the subjects' highest and best use. After adjustments, the comparable sales generate a narrow range from $3.42/sf to $3.86/si and bracket a value of $3.50/sf. At this value, Market Values of the fee simple interest in the Sub- ject Sites A, B, and C, as of September 12, 2000, is estimated to be: As-Proposed Values Site A +90,000 s£@ $3.50/sf = $315,t}00 Site B +85,000 si@ $3.50/sf = $297,500 or $300,000 Rounded Site C _85,000 sf @ $3.501sf = $297,500 or $300,000 Rounded Park Sites - 30 - Richard~ssoeiates Land Comparables A,djustment Chart: As-Proposed Lot D Comparable No. Subject I 2 3 4 Grantac Site P.O. Ind. Pk. LP. P.O, Ind. Pk. LP, P,O. Ind, Pk, LP. Rembert Haselwood Haxelwaod Casad-Morgan Bremerton $choal Grantee D Island Leasing Stirn City of P. O, Baker Sullivan BCI CocaCola Haselwaod Ryder Street Pendergast Rd. Lumsden Road Lumsden Road Vivian Court Provost Pal West Hills Blvd.. West Hills Bird. West Hills Blvd. Bru~n Ave. Location Bremenon Port Orchard Port Orchard Pon Orchard Silverdale Bremerton Bremenon Bremerton Bremenon Property Data Tax Lot' Not Seg. 5392-000-003~0002 5392-000413-0000 5392-000-015-0008 172501-3-031-2004 4546-014-001-0508 4546-016-008-03 4546-006-001.430 1624014-070-2006 Effective Area (sO 6,000 43,585 57,257 66,1300 13,440 48,600 85,1300 70,565 16,000 Access/Frontage Paved Paved Paved Paved Paved Paved Pavcn:l Paved Paved Zoning PS Industrial Industrial Industrial Industrial General Business General Business General Business Industrial I ^ For the sake of brevity, multiparcel transactions list only Sale Data Recording Date 30-Nov-98 15-Jun-99 18-Oct-99 15-Apr-98 15-Nov-97 16-Jun-98 2f-Mar-99 3-Aug-99 Auditor's File No, 3130409 3189740 3214581 3084782 3053934 3096158 3165987 3197810 Sale Price $165,000 $215,000 $235,000 $62,500 $218,700 * $382,500 * $334,000 * $90,250 Price/sf $3.79 $3.75 $3.56 $4.65 $4.50 $4.50 $4.73 $5.64 [ * Adjuster( Sale Pdce. J Normal Price Adjustments Financing 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Conditions of 3ale 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Time (%/yr) 3.0% 5.5% 4.0% 3 0% 7.59[ 8.5% 7,0S 4.5% 3.5% Time-Adjusted Normal $/sf $4.00 $3.90 $3.67 $5.00 $4.88 $4.82 $4,94 $5,84 Physical Adjualments Location/Exposur Park 0.0% 0.0% 0.0% 0.0% -20.0% -20.0% -20.0% -10,0% Size/Utility 6,000 30.0% 30.0% 35.0% 10.0% 30.0% 40.0% 35.0% 15.0% Topography Level 0.0 Utilities All ,. 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Access/Frontage Paved 0.0 Zoning PS 0.0% 0.0% 0.0% 0.0% ,, 0.0% 0.05 0.0% 0.0% Net Adjustments 30.05 30.0% 35.05 10.0% 10.0% 20.05 15.05 5.0% Adj. Sale Price/sf $5.20 $5.07 $4.95 $5.$0 $5.37 $5.78 $5.68 $6.13 SITE D The subject site has an area of only 6,000 sf which is considerably smaller than all the compar- ables and are adjusted upward by 10% to 40% for their larger size in recognition of the inverse relationship between size and value per square foot. No adjustment is made for access because the planned subject development will be supported by pedestrian traffic within the park which has developed access. Utilizing the same adjustments for time, location, and topography, the comparables range in indicated values from $4.95/sf to $6.13/sf. Placing most weight on the smallest comparable (Comparable 4), a value of $5.50/sf is estimated for Site D, and Market Value of the fee simple interest in Subject Site D, as of September 12, 2000, is estimated to be: As-Proposed Value SiteD +6,000 sf@ $5.50/sf = $33,000 FAIR RENTAL RATES SITES A-D The fair rental rate for the subject sites is based on the rate of return which can be derived from long term ground leases. Long-term ground leases, however, are infrequent within the local market area, and historically have tended to involve sites subsequently improved with branch banks, fast food restaurants and/or convenience stores with gas dispensing businesses. Terms of these leases vary widely,' but usually have terms no shorter than 20-25 years in length with renewal options, and base rent on a pre-determined percentage of land value. The percentage utilized within these leases have generally ranged between 6% and 10% with adjustments every 3 - 5 years based on the land's current value. Leases also tend to be structured on a net basis which shifts all operating expenses to the lessee. Example of land leases in the area include an older Burger King restaurant on Kitsap Way which calls for rent to be set at 9 % of land value. Land leases that have occurred within the past five years include a group of sites located at the southeast quadrant of the SR-16 and Sedgwick Road interchange in Port Orchard. The landowner indicates that leases are negoti- ated on a basis of a 10% annual return on land value, and that the estimated value of the land varies by the intended uses of the site. This group of properties includes an Exxon brand con- venience store with fuel sales, McDonald's and Shari's restaurants, a motel, and a modular home sales lots. The landlord's estimated site values generally range from $5.00'to $1 1.00 00-204 Pendergast Park Sites - 31 - Richards~sso¢iates /,77 per sf, depending on the use, and overall averages roughly $8.00 per sf. Another recent example is a proposed 1998 lease of the commercial property located at the southwest corner of National Avenue and Kitsap Way in Bremerton. Based on a MAI appraisal of the property, the lease rate is 9.58% of land value. The only known examples of industrial ground leases in the county are located within the Olympic View Industrial Park owned and operated by the Port of Bremerton. The most recent lease within this park is a two-year lease (with two 1-year options to renew) of a 12.49 acre site to Waste Management, Inc., with an option to purchase at $1.00/sf. This site fronts along the US Navy Railroad right-of-way and has rail access and all utilities are available. Over the term of the lease, the land capitalization rate averages 9.7 %. When contacted, other Port- owned industrial parks throughout the Puget Sound Region quoted target lease rates of 8 % to 10% of market value. Research into ground leases on public park property uncovered a few examples in the Puget Sound Region. The City of Mount Vernon leases a 77,000 sf pad within the Bayview Park to Skydome Enterprises, Inc. The park provided a "pad ready" site to the developers who leased the site for 30 years with a starting annual rent of $37,000 and annual CPI escalators. · -,. Based on the appraised value of the land, this lease indicates a 9.6% rate of return. The city i': and lessee also shared the costs (1/3 paid by the lessee) of a 185 space shared parking lot. The developers constructed a 22,000 sf building housing an indoor soccer field and indoor track which has just opened. There is additional land for construction of a second building on the site. The City of Kent leased a 3.6 acre site to Snow King Corporation, Inc., for an indoor ice skat- ing rink which is currently under construction in the Russell Road Park. The city developed access and utilities to the site and allows the lessee to use a 420 space shared parking lot. The 40 ye. ar lease calls for payment in terms of time (2 hours/day, 7 days/week) on which the city has placed a value of $40,000/year. Casey's leases space in the South Kitsap Community Park for batting cages and a sales office. According to the lessee, they pay $300/month plus 3 % of gross sales for the six months per year that they are open (total rent has been averaging $700-800/month according to Lee Hill, lessee). The term of the ground lease is 10 years with one 5-year option to renew. Mr. Hill stated that the lease area has not been clearly defined but approximates 1/2 acre. The park 00-204 Pendergast Park Sites - 32 - Richards~ssociates 'Land Comparables Adjustment Chart: As-Is Parking Comparable No. Subject 1 2 3 4 Grantor Sites Calfison ' s Inc. McCotter Ulbright 5C Grantee Parkiag P.O. Ind. Pk. LP. Laurier Ent. £nc. Diamond $ilverdate Water Disrrir Street Pendergast Rd. Cook Road Werner Road Dickey Road Newberry Hill Road Location Bremerton Port Orchard Bremerton Silverdale Silverdale Property Data Tax Lot' Not Seg. 342401-3-018-2001 212401-2-077-2006 4449-001-005-0103 4449-001-002-0106 Effective Area (sO 200,000 217,800 211,486 175,500 558,874 Access/Frontage Paved Paved Paved Paved Paved Zoning PS Industrial Industrial Industrial Industrial ] ^ For the sake of brevity, multiparcel transactions list only one parcel. I Sale Data Recording Date October-99 April-99. lanuary-00 August-99 Auditor's File No. 3215278 3171637 3231756 3204403 Sale Price $245,000 $290,000 * $280,000 $1,235,876 Price/sf $1.12 $1.37 $1.60 $2.21 { * Adjusted Pdce. Normal Price Adjustments Financing 0.0 % 0.0 % 0.0 % 0.0 % Conditions of Sale 0.0% 0.0% 0.0°3 0.0% Time (%/yr) 3.003 3.003 4.5% 2.0% 3.5% Time-Adjusted Normal $/sf $LI5 $1.43 $1.63 $2.29 .. ~: :. Location/Exposure Park 0.0% 0.0% -10.0% -10.0% Size/Utility 200,000 0.0% 0.0% 0.0% 15.0% Topography Level 10.0 % 0.0 % 0.0 Utilities 0.0% 0.003 0.003 0.0% Access/Frontage Paved 0.003 0.0% 0.003 0.0% Zoning PS 0.0% 0.003 0.0% 0.003 Net Adjustments 10.0% 0.0% -10.003 15.0% Adj. Sale Price/sf $1.27 $1.43 $1.47 $2.63 provided water, power, and phone services to the site which is located next to three softball fields. Discussions with brokers in the local market suppor.[ asking lease rates in the 8 % to 11% range. Clearly a major factor in the rate of return being achieved is the actual value of the underlying land. Identical monthly rent payments can be obtained by using a high land value coupled with a iow annual rate of return, or by using a Iow land value coupled with a higher rate of return. Despite these "games" played by the parties to lease transactions, the majority of real returns on land tend to fall within an 8 % to i0 % range. Thus, for purposes of this analysis a fair rental rate of 9% is utilized, and the following annual market rent on net terms is estimated as of June 12, 2000: Fair Rental Rates As-Is 9% Annual As-Proposed 9% Annual Site Market Value Rental Rate Marker Value Rental Rate A $i35,000 $12,150 $315,000 $28,350 B $i30,000 $11,700 $300,000 $27,000 C $130,000 $11,700 $300,000 $27,000 D $12,000 $1,080 $33,000 $2,970 FAIR RENTAI J RATE FOR PARKING As previously discussed in the Summary of the Appraisal Problem section of the report, the fair rental rate for the existing parking spaces is based on the land value plus depreciated improvement value. LAND VALUE/SPACE In estimating land value, the same four comparable sales of "raw land" sims were utilized. After adjustments, as shown on the facing page chart, the comparables range from $1.27/sf to $2.63/sf. Placing most weight on Comparables 1 and 2, a value of $1.40/sfis estimated for 00-204 Pendcrgast Park Sites - 33 - Richards~ssociates the parking lot site, and the Market Value of the fee sim£le interest in the Parla'ng Lot Site, as of September 12, 2000, is estimated to be: As-Is Land Value Parking Lot _+200,000 sf @ $1.40lsf = $280,000 Value Per Space $280,000 /477 spaces = $587/space or $600/space rounded VALUE OF THE PARKING LOT IMPROVE1V[ENTS Reproduction cost new of the parking lot improvements were estimated using Marshall Valuation Services, a nationally recognized cost manual that details average reproduction costs for various types of construction.' Cost estimates are intended to reflect the final cost to the developer and include both direct construction costs (labor and materials) and indirect costs such as architect's fees, engineer's fees, interim interest, sales tax, and contractor's overhead and profit. The parking lot improvements are classified as yard improvements, and based on cost figures, total reproduction cost new for each space is $1,158 or $1,200 rounded. Physical depreciation must then be deducted. Based on an economic life of 20 years and an effective age of 5 years, incurable physical depreciation is estimated at 18 % and the following is indicated: Reproduction Cost New/Space $1,200 Less: Physical Depreciation 18% 216 Depreciated Cost of the Improvements $984 Rounded $1,000 Thus, the estimated As-Is Market Value per space of the existing parking lot, as of Sune 12, 2000, is: Land value $600/space Depreciated Improvement Value $1,000/space As-Is Market Value $1,600/space 013-204 ?endcrgast Park Sites - 34 - Richard.5~sso¢iates RATE OF RETURN The rent for the parking spaces is determined by applying a composite rate of return on the estimated value of the land and improvements. The appropriate rental rate for the parking lot is a combination of the rate or return on land and a recapture rate for the cost of the improve- ments. The improvement recapture rate is based on the remaining economic life of the existing improvements. Marshal Valuation Service estimates a 20 year economic life for the improve- ments. Based on a estimated 5-year effective age, they have a remaining economic life of 15 years. Using the straight-line method, the annual recapture rate is 6.67% (1/15 years). Therefore, the rate of return on the parking improvements is estimated as follows: Rate of Remm on land 9.00% Recapture Rate on the Improvements 6.67 % Rate of Return 15. 67% Utilizing the 15.67% Rate of Return on Land and Improvements estimated above, the following market rental rate for each parking spaces, as of September 12, 2000, is estimated to be: Rental Rate per Space Estimate Market Value/space $1,600 Rate of Return 15.67 % Annual Rent/sl~ace, Rounded $250 , 00-204 Pendergast Park Sites - 35 - Richards~ssociates CERTIFICATE OF APPRAISAL We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in 'this report are true and correct. 2. The reported analyses, opinions and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report, and we have no personal interest with respect to the parties involved. 4. We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5. Our engagement in this assignment was not contingent upon developing or reporting predetermined results. 6. Our compensation for completing this assignment is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of the client, the mount of the value estimate, the attainment of a stipulated result, or the occurrence of a : ................ subsequent- event-related tothe intended-use-of-this-appraisal. 7. Our analyses, opinions, and conclusions were developed, and this report is has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 8. We have made a personal inspection of the property that is the subject of this report. 9. No one provided significant professional appraisal assistance to the persons signing this report. 10. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. I 1. The use of this report is subject to the requkements of the Appraisal Institute relating to review by its duly authorized representatives. 12. As of the date of the report, J. Randolph Mosher has completed the requirements of the continuing education program of the Appraisal Institute. her, MAI ' Glenn A. Bryan, Associate Appraiser WA State Certification It 270-I1 MO-SH-EJ-R574DI 00-204 Pendergast Park Sites - 36 - Richard~ssocia£es ADDENDA 00-204- Penderg~t Park Sites - 37 - Richards~ssociates LETTER OF AUTHORIZATION CITY oF BREMERTON · 239 4th Street · Bremerton, WA 98337 August 21, 2000 Mr. Gary Lyman, MIA Richards and Associates 908 Bertha Avenue Bremerton, WA 98312 Dear Gary, Please accept this letter as an official notice to proceed with the appraisal work for Pendergast Regional Park that we discussed last week. It is my understanding that your fuTn will provide the City of Bremerton with a complete summary appraisal of the designated sites by September 18, 2000 at a cost not to exceed $4,000. A City Purchase Order will be issued shortly to re-confirm this agreement. I look forward to working with your and your staffon this project. Please let me know how our department can assist your efforts. Sincerely, .':- ,~z ' ~ ,,;':~;...~.,"~ :.':.~-" Cristofer A. Gears Director of Parks and Recreation · Celebrating 50 Years of Freedom "' 00-204 Pendergast Park Sites - 38 - Richards~ssociams ASSUMPTIONS & LIMITING CONDITIONS This appraisal has been made after a personal inspection of the property identified in this report. The conclusions conta~ed herein have been arrived at and are predicated upon the following conditions. General Assumptions 1. This is a Summary Appraisal Report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a Summary Appraisal Report. As such, it might not include full discussion of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. 2. No responsibility is assumed for legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated in this report. 3. The property is appraised free and clear of any or all liens and encumbrances unless otherwise stated in this report. 4. Responsible ownership and competent property management are assumed unless otherwise stated in this report. 5. The information furnished by others is believed to be reliable. However, no warranty is given for its accuracy. 6. All engineering is assumed to be correct. Any plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 7. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 8. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless otherwise sta~ed in this report. 9. It assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated; defined, and considered in this appraisal report. 00-204 Pendergast Park Sites - 39 - Richards~ssociates 10. It is assumed that ali required licenses, certificates of occupancy or other legislative or administrative authority from any local, state, or national governmental or private entity or organization have been or can be obtained or renewed for any use on which the value estimates contained in this report are based. 11. Any sketch in this report may show approximate dimensions and is included to assist the reader in visualizing the property. Maps and exhibits found in this report are provided for reader reference purposes only. No guarantee as to accuracy is expressed or implied unless otherwise stated in this report. No survey has been made for the purpose of this report. 12. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property described and that there is no encroachment or trespass unless otherwise stated in this report. 13. The appraiser is not qualified to detect hazardous waste and/or toxic materials. Any comment by the appraiser that might suggest the possibility of the presence of such substances should not be taken as confm-nation of the presence of hazardous waste and/or toxic materials. Such determination would require investigation by a qualified expert in the field of environmental assessment. The presence of substances such as asbestos, urea- formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The appraiser's value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value unless otherwise stated in this report. No responsibility is assumed for any environmental conditions, or for any expertise or engineering knowledge required to discover them. The appraiser's descriptions and resulting comments are the result of the routine observations made during the appraisal process. I4. Unless otherwise stated in this report, the subject property is appraised without a specific compliance survey having been conducted to determine if the property is or is not in conformance with the requirements of the Americans with Disabilities Act. The presence of architectural and communications barriers that are structural in nature that would restrict access by disabled individuals may adversely affect the property's value, market- ability, or utility. 15. Any proposed improvements are assumed to be completed in a good workmanlike manner in accordance with the submitted plans and specifications. 16. The distribution, if any, of the total valuation in this report between land and improve- ments applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 17. Possession of this report, or a copy thereof, does not carry with itthe right of publication. It may not be used for any purpose by any person other than the party to whom it is 00-204 Pendergast Park Sites - 40 - Richards~ssociares addressed without the written consent of the appraiser, and in any event, only with property written qualification and only in its entirety. 18. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity o.f_ the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news sales, or other media without prior written consent and approval of the appraiser. 19. The appraiser assumes that a purchaser is aware that: 1) this appraisal on the subject property does not serve as a warranty on the condition of the property, 2) it is the responsibility of the purchaser to examine the property carefully and to take all necessary precautions before signing a purchase contract, and 3) any estimate for repaks is a non- warranted opinion of the appraiser unless otherwise stated. 20. There shall be no obligation required to give testimony or attendance in court by reason of this appraisal, with reference to the property in question, unless satisfactory arrange- ments are made in advance. Specific Assumptions: 21. The As-Proposed value estimates assume developed access and utilities including power, phone, natural gas, storm sewer, sanitary sewer, and water service including adequate fire-flow. 22. Estimated completion dates of the sites As-Proposed are not available, and this appraisal does not project their values to some unknown date, but rather estimates the value of the subject sites as of the date of inspection assuming that they are finished, ready to build "pad" sites. 23. The As-Is value estimates were developed from analysis of land sales that will also require development of access and/or utilities. This analysis is predicated on the assumption that subject development costs will be similar in magnitude to the perceived development costs of the comparable sales. Depending on the pro-forma projected subject site development costs and the number of developers (lessees) that will share these costs, development of the subject sites, at this time, may not be feasible. 24. The estimated Fair Rental Rate of the parking spaces is based on the depreciated cost of the improvements and the underlying land value. The Fair Rental Rate is for exclusive rights to use each parking space. 25. Estimated market values and rental values are based on provided site areas. If the actual leased areas differ significantly from the provided areas, then the market value and rental value estimates well have to be adjusted. 00-204 Pendergast Park Sites - 41 - Richards~ssociates QUALIFICATIONS OF APPRAISER J. Randolph Mosher, MAI CERTIFIED REAL ESTATE APPRAISER - GENERAL by the State of Washington under Certificate Number 270-11 MO-SH-EJ-R574DJ, expiring March 11, 2002. ~ ]~DUCATION B.A. University of California, Berkeley, 1965; M.A. San FranCisco State University, 1968; Ph.D. History, University of California, San Diego, 1977. Member of Appraisal Institute (MAI) designation in the Appraisal Institute (formerly American Institute of Real Estate Appraisers), 1985. WORK EXPERIENCE Recreation Director with City of Berkeley, 1962-68; Teaching Assistant at University of California, 1968-72, 1974; Research Assistant, 1976-77; Lecturer at University of San Diego and San Diego State University, 1977-78; Lecturer at Pacific Lutheran University, 1978-79; Associate Appraiser with Richards & Associates of Bremerton since 9/78; Parmer 1986. APPRAISAL EXPERIENCE Market Data Research and Amlysis of Single and Multifamily Residences; Waterfront, Acreage, and Easements; Condemnation Work; Review Appraisals; Proposed and Existing Commercial Properties; ULID Assessment Rolls. APPRAISAL CLIENTS American Marine Bank JCPenney's Safeco Insurance Bank of America Jefferson County Seattle Mortgage Bank of California Dept. of Public Works School Districts Chevron USA, Inc. Key Bank Bremerton Chicago Title Company Kitsap County South Kitsap City of Consolidated Housing Auth. Southern Pacific Thrift & Loan Bainbridge Island Dept. of Community Dev. Ticor Title Insurance Bremerton Engineering Department University Federal S&L Forks Parks Department U.S. Bancorp Port Orchard Kitsap Bank Waslxington Federal S&L Poulsbo Kitsap Transit Authority Washington State Coldwell Banker Relocation Lincoln Construction Dept. of Fisheries Columbia Bank North Perry Water District Dept. of Transportation Emmanuel Apostolic Church North Pacific Insurance Co. Office of Atty. General Entranco Engineers Pacific Northwest Bell Washington Mortgage Corp. Executrans Corporation Port of Washington Mutual Bank First Apostolic Church Bremerton Wells Fargo First Federal S&L Kingston Westinghouse of Port Angeles Port Townsend Frontier Bank Shelton Various Harrison Hospital Silverdale Attorneys and Individuals James/Wolfe Agency Puget Sound Energy APPRAISAL PURPOSES III. AVE INCLUDED Fair Market Value for Sale or Purchase, Refinance, Public and Private Condemnation, Estate Purposes, Mortgage Loan Value, Going Concern Value, and Fai/Rental Value. 00-204 Pendergast Park Sites - 42 - Richards~sso¢iates QUALIFICATIONS OF APPRAISER Glenn A. Bryan, Associate Appraiser EDUCATION Bachelor of Science in Business Administration with emphasis in Finance and Real Estate, University of Arizona, Tucson, Arizona. Appraisal Course work though the Appraisal Institute has included: Real Estate Appraisal Principals - Course IA1 Basic Valuation Procedures - Course lA2 Capitalization Theory and Techniques, Parts A and B Standards of Professional Practice WORK EXPERIENCE Diversified Appraisal Experience throughout Kitsap, Jefferson, Clallam, and Mason Counties as an Associate Appraiser with Richards and Associates, Real Estate Appraisers and Consultants since June 1989. APPRAISAL EXPERIENCE Market Data Research and Analysis of Single and Multifamily Residences; Waterfront, Acreage, and Easements; Condemnation Work; Review Appraisals; Commercial, Industrial and Special Purpose Properties. APPRAISAL CLIENTS Callisions Incorporated Puget Sound Bank City of Bremerton RV Associates City of Port Orchard Seafh:st Bank Key Bank Security Pacific Bank Kitsap Lake Water District Talmo Incorporated Kitsap Bank Transamerica Title Kitsap County Wells Fargo Pacific First Federal Various Attorneys and Private Parties Port of Port Townsend APPRAISAL PURPOSES HAVE INCLUDED Fair Market Value for Sale or Purchase, Refinance, Public Condemnation, Estate Purposes, Mortgage Loan Value, Going Concern Value, and Fair Rental Value. 00-204 Pendergast Park Sites - 43 - Richards~ssoeiates AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: RESOLUTION # ..~ ~ [ ,~L.. FOR AGENDA OF: June 6, 2001 ACCEPTING THE DEDICATION OF ORIGINATING DEPT: PW&U Engineering Div.,,~ A PORTION OF WEST HILLS BOULEVARD ORIGINATOR: Jennifer Strehler, City Engineex/f,?z//~ AND A PORTION OF HASELWOOD STREET DATE SUBMITTED: AS PUBLIC RIGHTS-OF-WAY. 2. CLEARANCES: (comment on back,/q~essar~,/~ , /_ 3. EXHIBITS · Directo~tilities ~,~~3~ ~.. ~on. /~City Attorney ~~/~ __ B. Drawing of proposed right-of-way ~" Administrative Services Manager ~_(j 4~,~ dedication. Council Budget & Finance Committee Operations Committee ~'¢~'~r..t~tJ~" '~ ;' ' ENDORSEMENT X ¢') INF~TION APPROVED BY COUNC~IJgJh~3E.~q~OR SUBMITTAL: MAYOR ~__~ . ,,.._, COUNCIL PRESIDE~ 4. SUMI('IARY STATEMENT AND REQUIREMENT FOR C_~ IC-~L/~CTION: Mr. Charles Haselwood and Coca Cola Inc. have proposed the dedication of rights-of-way to the City of Bremerton for two existing private streets. The streets are described legally in the attached dedications documents but can be generally described as a portion of West Hills Boulevard approximately 700 feet long and located north of Haselwood Street and a portion of Haselwood Street approximately 460 feet long and located east of Union Avenue. The streets to be dedicated were constructed in accordance with the City Street Standards and were inspected by the Department of Public Works and Utilities during their construction. Improvements to the streets included paving, curb and gutter, sidewalk, street lighting and storm drainage improvements. The storm drainage system for these streets will also be dedicated to the City of Bremerton along with the necessary easements. A condition of accepting the proposed dedications is a requirement that the City of Bremerton agrees to maintain and manage these rights-of-way pursuant to State law and City Code and policies. Staff recommends passage of the proposed Resolution. 8. RECOMMENDATION: Move to pass Resolution #,~ 1~7, which accepts the dedication, as City of Bremerton rights-of-way, of a portion of West Hills Boulevard approximately 700 feet long and located north of Haselwood Street, and a portion of Haselwood Street approximately 460 feet long and located east of Union Avenue; and which obligates the City to manage and maintain these rights-of-way; and which authorizes the Mayor to sign the dedication documents. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION - PULLED TABLED APPROVED DISAPPROVED ~--AT COUNCIL DIRECTIVE 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The streets will remain private roads. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City will maintain full responsibility for management, repair and maintenance of these dedicated public fights- of-way. 7. RESEARCH SOURCES ab, Agenda Bills 200 I, Dedication of West Hills Blvd and Haselwood St -77 RESOLUTION NO. ~1. ~t ~ A RESOLUTION ACCEPTING THE DEDICATION, AS CITY OF BREMERTON RIGHTS-OF-WAY, OF A PORTION OF WEST HILLS BOULEVARD APPROXIMATELY 700 FEET LONG AND LOCATED NORTH OF HASELWOOD STREET AND A PORTION OF HASELWOOD STREET APPROXIMATELY 460 FEET LONG AND LOCATED EAST OF UNION AVENUE. WHEREAS, Mr. Charles Haselwood and Coca Cola Inc. have proposed dedication of right-of-way to the City of Bremerton for two existing private streets; and WItEREAS, West Hills Boulevard and Haselwood Street have been built to City of Bremerton standards, and WHEREAS, all necessary utility easements have been prepared; and WHEREAS, the adjacent property owners have agreed in writing to the on-street parking provided; and WHEREAS, the streets have been properly signed per City of Bremerton standards and the Manual of Uniform Traffic Control Devices; and WHEREAS, the builder of the streets has posted a two-year bond for any maintenance or necessary repairs during the first two years of operation; and WHEREAS, the streets will be utilized by the public for access to the properties abutting these streets and general traffic circulation in this area; and WHEREAS, as a condition of accepting the proposed dedications, the City of Bremerton will agree to maintain and manage these fights-of-way pursuant to State law and City Code and policies; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BREMERTON THAT: Section 1: The following streets, described legally in the attached dedications documents but generally described below, are accepted as dedicated City of Bremerton rights-of-way: (a) a portion of West Hills Boulevard approximately 700 feet long and located north of Haselwood Street and; (b) a portion of Haselwood Street approximately 460 feet long and located east of Union Avenue. Section 2: The City of Bremerton shall maintain and manage these rights-of-way as per State law and City Code and policies. Section 3: The Mayor is authorized to sign the attached dedication documents. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN LAW, Council President Attachments: Right-of-Way Deed, Haselwood Street, Tax Parcel # 212401-4-010-2002 Right-of-Way Deed, West Hills Boulevard and Haselwood Street, Tax Parcel #'s 212401-1-125-2000, 4546-014-011-0001, 4546-013-008-0008 Stormwater Easement, Coca Cola Plant, Tax Parcel # 212401-4-010-2002 Stormwater Easement, West Hills Honda, Tax Parcel #'s 212401-1-125-2000, 212401-1-126-2009 Filed for Record at Request of.' When Recorded Remm to: Name: City of Bremerton Clerk's Office Address: 239 4 th Street Bremerton, WA 98337 Document Title: Right-of- Way Deed Project Name: West Hills Developer Name: Coca-Cola Location: Haselwood Street Tax Parcel # 2124014-010-2002 Abbreviated Legal NE SE, Sec 21, Twp 24 N., Rg. 1 E., W.M. Description: Block 15, Ole Hanson's Navy Yard Add. Vol. 4 Pg.56 RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS, THAT BCI CocaCola Bottling Company of Los Angeles, a Delaware Corporation, of the County of Kitsap, in the State of Washington, in consideration of Mutual Benefits, hereby grants, bargains, sells and conveys unto the City of Bremerton, County of Kitsap, the following desen~ed parcel of land, together with all improvements located thereon, situated in the City of Bremerton, Kitsap County, State of Washington, to-wit: SEE EXHIBIT "A" R/W Deed -1- Dated this ,,~/~f. day of /'~/~r~F_.g4- ,20(9/ BCI Coca-Cola Bottling Company of Los Angeles By. STATE OF ~ ) ~ t/k, : SS. COUNTY OF4~P ) C. cv~ C~ On this ~[~'V day of ~~ , 2~, ~re me p~om~ ~d. ~y ~, ~LIN~ ~ to ~ ~o~ to ~ ~ V~~t~ ~ ¢Ao ,of ~1 ~eA-~ ~u~ ca~ ~t execmed ~e ~ ~d fomgo~ ~~, ~d ~wl~ ~ ~ to ~ ~ ~ ~ vol~ ~ ~ d~ of~d ~y~fu~or ~ ~s ~ p~o~ ~re~ ~o~ ~ on o~ ~ed ~ 4~ w~ au~d to e~cute ~d In Witness Where. off I have hereunto set my band and af~xed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of My Coaiiuission expires: .... - ~--~'. ~' - .-- - .-~- -- R/W Deed -3- CITY OF BREMERTON, Grantee BY: LYNN S. HORTON Mayor Director of Public Works and Utilities APPROVED AS TO FORM: DAVID ST. PIER_RE Assistant City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY City Clerk R/W Deed -4- EXHIBIT "A" THAT PORTION OF BLOCK 15, PLAT OF OLE HANSON'S NAVY YARD ADDITION, AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE THEORETICAL EAST QUARTER CORNER TO SAID SECTION 21; THENCE SOUTH 89o32'19" WEST ALONG THE NORTH LINE OF SAID OLE HANSON'S NAVY YARD ADDITION BEING THE EAST-WEST CENTER-OF-SECTION LINE A DISTANCE OF 759.80 FEET TO A POINT WHICH LIES 29.3 WEST OF THE PLATTED CENTERLINE OF LANSING STREET AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°32'19'' WEST 370.63 FEET TO THE EAST RIGHT- OF-WAY MARGIN OF LrNION AVENUE; THENCE SOUTH 12o23'24'' WEST ALONG SAID MARGIN 35.85 FEET TO THE BEGINNING OF A 50 FOOT RADIUS CURVE WHOSE RADIUS BEARS SOUTH 77o36'36" EAST; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 54°16'46'' FOR AN ARC DISTANCE OF 47.37 FEET TO THE EAST-WEST CENTERLINE OF SECTION LINE; THENCE NORTH 89°32'19" EAST ALONG SAID LINE 39.44 FEET; THENCE SOUTH 72°26'18'' EAST 52.11 FEET TO THE BEGINNING OF A 282.55 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 18001'23" FOR AN ARC DISTANCE OF 88.88 FEET TO A POINT ON A LINE WHICH LIES 30 FEET SOUTH OF THE NORTH LINE OF SAID BLOCK 15; THENCE NORTH 89032' 19" ALONG SAID LINE 165.43 FEET; THENCE SOUTH 24o46'42'' EAST 16.46 FEET TO A POINT ON A LINE WHICH LIES 29.3 FEET WEST OF THE PLATTED CENTERLINE OF LANSING AVENUE; THENCE NORTH 0°23'2I" EAST ALONG SAID LINE 45.00 FEET TO THE POINT OF BEGINNING. R/W Deed -2- Filed for Record at Request of.' When Recorded Return to: Name: City of Bremerton Clerk's Office Address: 239 4th Street Bremertorg WA 98337 Document Title: Right-of-Way Deed Project Name: West I-Ydls Developer Name: HMI Location: West I-Y_dls Boulevard and Haselwood Street Tax Parcel # 212401-1-125-2000, 4546-014-011-0001, 4546-013-008-0008 Abbreviated Legal NE SE and SE NE, Sec 21, Twp 24 N., Rg. 1 E., W.M. Description: Blocks 13,14,15 and 16, Ole Hanson's Navy Yard Add. Vol. 4 Pg.56 NOTE: PLEASE SEE RECORD-OF-SURVEY FII~ED UNDER AUI}ITOR'S FILE NO. FOR GRAPitICAL DEPICTION OF THIS RIGItT-OF-WAY. RIGHT-OF-WAY DEED KNOW ALL MEN BY THESE PRESENTS, THAT H/vi/, _., of the County of Kitsap, in the State of Washington, in consideration Of Mutual Benefits, hereby grants, bargains, sells and conveys unto the City of Bremerton, County of Kitsap, the following described parcel of land, together with all improvements located thereon, situated in the City of Bremerton, Kitsap County, State' of Washington, to-wit: That portion of the following described Tracts 1, 2 and 3 which lie within the following described Tract 4 (Right-of-Way Tract): R/W Deed -1- TRACT 1 TOYOTA STORE SITE (Tax Account No. 212401-1-125-2000) That portion of the South half of the Southeast quarter of the Northeast quarter of Section 21, Township 24 North, Range I East, W.M., in Kitsap County, Washington, descn%ed as follows: Beginning at the East margin of Union Avenue on the South side of said subdivision; thence northerly along said East margin to the South line of the North 250 feet of that portion of said subdivision lying southerly of Werner Road; thence East along said South line to the East line of the West quarter of the South half of the Southeast quarter of the Northeast quarter of said Section 21; thence North along said East line to the South margin of Werner Road as conveyed to the State of Wasifington by Deed recorded under Auditor's File No. 997761; thence southerly and easterly along Werner Road to the westerly margin of Oyster Bay Avenue as established by order of vacation by County Commissioner's Journal Volume 16, Page 367; thence southerly along said margin to the South boundary of said subdivision; thence west along said subdivision to the Point of Beginning; EXCEPT a 50-foot strip of land in the Southeast quarter of the Northeast quarter of Section 21, Township 24 North, Range 1 East, W.M., the centerline of said strip being described as follows: Commencing at the East quarter corner of said Section 21; thence along the South line of the Northeast quarter of said Section North 88049'33'' West 604.06 feet to the True Point of Beginning of the centerline of the herein described 50 foot strip; thence North 1°51'19" East 297.79 feet to Point of Curvature of a curve to the left; thence northerly along an arc of said curve, having a radius of 250.00 feet and a central angle 19°43"01'', for an arc distance of 86.03 feet; thence North 17°51 '42" West 98.42 feet to a curve to the right; thence northerly along an arc of said curve having a radius of 250.00 feet and central angle of 17052'54", for an arc distance of 78.02 feet to point oftangency; thence North 00°01'12'' East 80.7 feet to the South margin of Wemer Road and the Terminus; EXCEPT that portion lying easterly of the East margin of said 50 foot strip of land; AND EXCEPT that portion lying northerly of the following described line: Commencing at the intersection of westerly line of said 50 foot strip and the South right-of-way margin of Werner Road and as depicted on a Record- of-Survey by Ward Muller recorded in Volume 36 of Surveys, pages 62 thru 64; thence South 0°02'10" East along said westerly line 84.74 feet to a point of curvature of a curve to the left; thence southerly along an arc of said curve, having a radius of 275 feet and a central angle of 17052'55" for an arc distance of 85.83 feet; thence South 17055'06'' East 98.46 feet to a point of curvature of a curve to the right; thence southerly along an arc of said curve, having a radius of 225 feet and a central angle of 19°43'01" for a distance of 77.43 feet; thence South 1 °47'56" West 4.10 feet to the projection easterly of the North face of an existing concrete wall running generally East and West and separating the Buick and Toyota store sites; thence South 84036'34" West along said projection and the said North face 174.13 feet to an angle point in said face; thence North 85043'49" West along said face and its extension 273.66 feet to the East margin of Union Ave. and the terminus of said line. R/W Deed -2- ¢7 TRACT 2 TOYOTA PARKING (Tax Account No. 4546-014-011-0001) The North 91.00 feet of Block 14, Ole Hanson's Navy Yard Addition, as per plat recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington; EXCEPT the West 0.7 feet; TOGETHER WITH the West 20 feet of vacated Daniels Avenue, which adjoins. TRACT 3 ROADWAY TRACT (Tax Account No. 4546-013-008-0008) That portion of Lots 13 through 20, Block 14; Lots 8 through 11, Block 13; Lots 12 through 16, Block 16; Lots 1 through 8, Block 15; and vacated Wilson Boulevard, Peters Street and Lansing Avenue, all within the Plat ofOle Hanson's Navy Yard Addition, as per plat recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington, described as follows: Commencing at the theoretical East quarter corner to Section 21, Township 24 North, Range 1 East, W.M.; thence South 89°32'19" West along the North line of said Ole Hanson's Navy Yard addition being the East-West center-of-section line a distance of 709.36 feet to a point which lies 20.70 feet East of the platted centerline of Lansing Avenue and being the Point of Beginning; thence South 00°23'21" West along a line parallel with and 20.70 east of the platted centerline of Lansing Avenue for a distance of 622.68 feet to the beginning ora 20.00 foot radius curve; thence along said curve to the lef[ through a central angle of 78°27'47'' for an are distance of 27.39 feet to the beginning of a 55.00 foot radius curve; thence along said curve to the fight through a central angle of 258°27'47'' for an arc distance of 248.11 feet to a point which lies 29.30 feet west of the platted centerline of Lansing Avenue; thence North 00°23'21" East along a line parallel with and 29.30 feet West of the platted centerline of Lansing Avenue for a distance of 695.42 feet to the North line of the said Plat ofOle Hanson's Navy Yard Addition; thence North 89°32' 19" East along said line 50.00 feet to the Point of Beginning. R/W Deed -3- TRACT 4 WEST ItI~LS BOULEVARD ItASELWOOD STREET LEGAL DESCRIPTION That portion of Blocks 13, 14, 15 and 16, and vacated Wilson Boulevard, Peters Street and Lansing Avenue, all within the Plat ofOle Hanson's Navy Yard Addition, as per plat recorded in Volume 4 of Plats, Page 56, and the Northeast quarter of the Southeast quarter AND the Southeast quarter of the Northeast quarter of Section 21, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Commencing at the theoretical East quarter comer to said Section 21; thence South 89°32'19" West along the North line of said Ole Hanson's Navy Yard addition being the East-West center- of-section line a distance of 694.80 feet to the Point of Beginning; thence South 0°27'41" East 30.00 feet; thence South 89032, 19" West 15.00 feet to a point which lies 20.70 feet East of the platted centerline of Lansing Avenue; thence South 00°23'21" West along a line parallel with and 20.70 east of the platted centerline of Lansing Avenue for a distance of 592.68 feet to the beginning of a 20.00 foot radius curve; thence along said curve to the left through a central angle of 78°27'47'' for an arc distance of 27.39 feet to the beginning of a 55.00 foot radius curve; thence along said curve to the fight through a central angle of258°27'4T' for an arc distance of 248.11 feet to a point which lies 29.30 feet west of the platted centerline of Lansing Avenue; thence North 00°23'21" East along a line parallel with and 29.30 feet West of the platted centerline of Lansing Avenue for a distance of 650.41 feet; thence North 24046'42" West 16.46 feet to a point which lies 30 feet South of the North line of said Ole Hanson's Navy Yard Addition; thence South 89032, 19" West along a line parallel with and 30 feet South of the North line of the said Plat ofOle Hanson's Navy Yard Addition 165.43 feet to the beginning ora 282.55 foot radius curve; thence along said curve to the fight through a central angle of 18o00'00" for an arc distance of 88.77 feet; thence North 72°26'18" West 56.88 feet to the beginning ora 50 foot radius curve; thence along said curve to the left through a central angle of 95°10'17'' for an arc distance of 83.05 feet to the easterly right-of-way line of Union Ave; thence North 12°23'24" East along said right-of-way line 114.97 feet; thence South 72°26'18" East 117.04 feet to the beginning of a 222.55 foot radius curve; thence along said curve to the right through a central angle of 18o00'00" for an arc distance of 69.92 feet; thence North 89°32'19" East 237.46 feet; thence South 0°27'41" East 30.00 feet to the Poim of Beginning. Deed -4- Dated this /'3 day of o~c~~, 20 ~ - STA~ OF W~GTON ) ~...~ ~ ~ '~, ~ CO~ OF ~TS~ ) On t~s /~ day of ~~ 2~, before me p~so~y app~ed ~~_.~ ~ to me ~o~ to be ~e ~~ , of ~ ~ ~ ~ ~~ ~e ~ ~d for~o~g ~~t, ~d ac~owl~ ~d ~~t to be ~e ~ ~d vol~ a~ ~d d~d of~ :~ , for ~e uses ~d p~oses there~ menfion~ ~d on oa~ ~t~ ~t ~w~ ~o~ to ex--re ~d In Wimess Whereof; I have hereunto set my hand and affix~ my official seal the day and year first above written_ NOTARY PUBLIC in and for the State of Washington residing at Commission expkes: My Deed -5- CITY OF BREMERTON, Grantee BY: LYNN S. HORTON Mayor Director of Public Works and Utilities APPROVED AS TO FORM: DAVID ST. PIERRE Assistant City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY City Clerk R/W Deed -6- Filed for Record at Request o~ Name: City Clerk Address: 239 Fourth Stxeet Bremerton, WA 98337 Document Title: Stormwater Easement Project Name: Stormwater Linc Crossing Private Property Developer Name: HMI Location: CocaCola Plant Tax Parcel # 212401-4010-2002 Abbreviated Leg~! Porti® of lots 8 and 9, Block 15, Ole Hanson's Navy Yard Addition, as per plat recorded I)eseriptiom in Volume 4 of Plats, Page 56. STORMWATER EASEMENT THIS EASEMENT, made and entered into this~,/~.r~ day of ~ ,q2~ by and between the City ofBremerton, a first class municipal corporation, (hereina/~ referred to as "Grantee"); and BCI CocaCola Bottling Compm~ of L0..s Angeles, a Delaware Corporation (Hereina~er referred to as "Grantor"). FOR AND IN CONSIDERATION of the mutual promises and bene~s contained herdn and for other valuable consideration, the receipt of which is hereby acknowledged, the Grantor and Grantee hereby agree and covenant as follows: 1. GRANT OF EASEMENT: Gramor does hereby convey and quit claim to Grantee a mn-exclusive ~ easemem for the put. se of constructing, operate, maintaining, and repairing storm lines across the property described as follows: See Attached EXI4IBIT "A' STORM EASEMENT- 1 - RESTORATION: Upon entry into the property in the exercise of this easement, the surface of the Ground, including all landscaping, shrubs, etc. shall be substantially restored to it's condition prior to commencing work or as nearly thereto as is reasonably possible. 3. EASEMENT TO RUN WITH THE LAND: The Grantor and Grantee intend that this Agreement shall be a covenant running with the laud described above and shall be binding upon Crraraor's and Grantee's successors in interest. 4. GOVERNING LAW: The place of making this Agreement shall be deemed to be the State of Washington, and the legal fights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washin~on. 5. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in connection with any of the terms and conditions of this Agreement, the parties hereto hereby agree that jurisdiction and venue of any such suit or action shall properly lie in Kitsap Couray, State of Washington. 6. SEVERABILITY: . In the event that any section, or any part of any section, or this Agreetm~ shall be declared invalid by a court of competent jurisdiction, said holding shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. 7. ENTIRETY: This Agreement constitutes the entire agreement and understanding between the parties hereto. There are no other agreements or understandings, either written or oral, which modify or have any effect upon this Agreement. STORM EASEMENT - 2 - 8. GRANTOR'S USE OF EASEMENT AREA: Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not constru~ or maintain any building, structure or other object on the F. asom~ Area, 9. GRANTEE'S USE OF EASEMENT AREA It is the obligation of the City of Bremerton to promptly maimain, repair or replace all pipes, culverts or any other equipmem or facilities installed in the easen~at area, upon notice from BCI Coca-Cola Bottling Company of Los Angles. It is the obligation of the City of Bremenon to pay for all damages to BCI Coca-Cola Bottling Company of Los Angeles' property resulting from the City of Bremmon's use, maintenance or repair of the stormwater facilities installed. STORM EASEMENT - 3 - IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be effective on the day and year first above written. Grantor, BCI Coca-Cola Bottling Company of Los Angeles Name of Grantor Lowry F. Klin, STATE OF ~r,, ~'~m~',",".'.",'~'~ r"_.~-~-,.~/ ) SS. COUNTY OF ~ Onthis 3~}~f dayof /k/[/~_C,~ ,200[ , before me personally appeared ~03g.¥ 17 [OM ~ , to me known (or proven on the basis of satisfactory evidence) to be the ~lr-~ f~tA~Ct~ ~; C~ , the Corporation that execmed the within and foregoing instrument and acknowledged said instmn~nt to be the flee and voluntary act and deed of said Corporation for the uses and purposes therein mentioned, and on oath stated that he was duly elected, qualified and acting as said officer of the Corporation and that he was authorized to execute said instrmnem. IN WITNESS THEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. ~ NOTARY P~I~ in and for the State of residing at ' My commission expires .~ ~,.~,. ~_~. ~ ~ ~ STORM EASEMENT - 4 - CITY OF BREMERTON, Grantee BY: LYNN S. HORTON Mayor Director of Public Works and Utilities APPROVED AS TO FORM: DAVID ST. PmRRE Assistant City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY City Clerk E~es~i.~c STORM EASEMENT - 5 - EXHIBIT A. A 10 FOOT WIDE STRIP SITUATED WITHIN BLOCK 15, OLE HANSON'S NAVY YARD ADDITION AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WAStt/NGTON, THE NORTH LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE THEORETICAL EAST QUARTER CORNER TO SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M.; THENCE SOUTH 89°32'19" WEST ALONG THE NORTH LINE OF SAID OLE HANSON'S NAVY YARD ADDITION BEING THE EAST-WEST CENTER-OF-SECTION LINE A DISTANCE OF 759.80 FEET TO A POINT WHICH LIES 29.70 FEET WEST OF THE PLATTED CENTERLINE OF LANSING AVENUE; THENCE SOUTH 0°23'21" WEST 30.00 FEET TO THE POINT OF BEGINNING OF THIS LINE; THENCE SOUTH 89°32'19" WEST PARALLEL WITH THE NORTH LINE OF SAID BLOCK 15 A DISTANCE OF 172.35 FEET TO THE BEGINNING OF A 282.55 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 3040'40" FOR AN ARC DISTANCE OF 18.14 FEET TO THE WEST LINE OF SAID BLOCK 15 AND THE POINT OF TERMINATION OF THIS LINE; EXCEPT ANY PORTION OF SAID 10 FOOT STRIP WHICH LIES WITHIN WEST H/LLS BOULEVARD. STORM EASEMENT - 6 - v~ :~o I snzow I HI,gN..~'7 I 37~VJ ~ ~o ~ po~Old ' ~ .~0 ~m© X ~ g~8~S GO0~ 7~EVH ~ ~ ~ ~ --~SD2 puo ~old ]o aU]l q~ON Filed for Record at Request of: When Recorded Return to: Name: City Clerk Address: 239 Fourlh Street Bmmerton, WA 98337 Document Title: Stonmxater Easement Project Name: Stonnwater Line Crossing Private Proigrty De'veloper blame: HMI Location: WestHills Honda Tax Parcel # 212401-1-125-20111) and 21240 !-1-126-20¢)9 Abbrmqated Legal Southeast qmmer of the Northeast quarter, Section 21, Tox~ship 24 North, Range 1 East, Description: W.M., STORMWATER EASEMENT THIS EASEMENT, made and entered into this /,3 day of ~),,e,.~2000 by and between the City ofBrernerton, a first class municipal corporation, (hereinafter referred to as "Grantee"); and HMI, (Hereinal:ter referred to as "Grantor"). FOR AND IN CONSIDERATION of the mutual promises and benefits contained herein and for other valuable consideration, the receipt of' which is hereby acknowledged, the Grantor and Grante~,e hereby agree and covenant as follows: 1. GRANT OF EA~;EMENT: Grantor does hereby convey and quit claim to Grantee an easement for the purpose of constructing, operating, maintaining, and repairing stoma lines across the property described as follows: See Attached EXHIBIT "A" 2. RESTORATION: Upon entry into the property in the exercise ofttfis easement, the surface of the ground shall be substantially restored to it's condition prior tc~ commencing work or as nearly thereto as is reasonably possible. STORM EASEMENT- 1 ~ 3. EASEMENT TO REIN WITH THE LAND: The Grantor and Grantee intend that tiffs Agreement shall be a covenant running with the land described above and shall be binding upon Grantor's and Grantee's successors in interest. 4. GOVERNING LAW: The place of making this Agreement shall be deemed to be the State of Washington, and the legal fights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washington. 5. JURISDICTION AND VENUE: In the event that any suit or action shall be brought in connection with any of the terms and conditions oftlfis Agreement, the parties hereto hereby agree that jurisdiction and venue of any such suit or action shall properly lie in Kitsap County, State of Washington. 6. SEVERABILITY: In the event that any section, or any part of any section, or tiffs Agreement shall be declared invalid by a court of competent jurisdiction, said holding shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. 7. ENTIRETY: This Agreement constitutes the entire agreement and tmderstanding between the parties hereto. There are no other agreements or understandings, either written or oral, which modifij or have any effect upon this Agreement. STORM EASEMENT - 2- lei 8. GRANTOR'S USE OF EASEMENT AREA: Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the fights herein granted, provided, that Grantor shall not construct or maintain any building, structure or other object on the Easement Area. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be eff'ective on the day and year first above written. Grantor,.,.--~ d-- ..... l~m,e of (~ranto7 --- STATE OF WASHINGTON ) ) SS. his /--,~ day of ~)~, 20e;o , before me personally appeared /,~ -,o_.J._~,~_4 , to me known (or proven on the basis of satisfactory e. vid._.enc~l.~..be the c'<.~~ ,~ /4 r',q~-- , ~ that executed the within and foregoing i~s.~m~nt~a~d acknowledged said' instrument to be the free and voluntary act and deed of ~ for the uses and purposes ther. eitlalaen0oned._.and on oath stated that he was duly elected, qualified and acting as smd ~ ~J~~,~ ~n and that he was authorized to execute said instrument. IN WITNESS THEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. ..:-,,?? .,,s~e~,. -. , NOTARY PUBLIC in and for the : '~- +~. - ".~ ': v washington, residing at -:. '-::,.,~ -~-' ""',:~-: My commission expires :~"'. _'~t/- -C"' ' -"- :...,,. , ~L~ : ~ . Print Name: 2_ r~_~.a,, '- "l~ ,,.la',,. *~ .'c', .' ...,a~... l$-~..-~, ." STORM EASEMENT - 3 - CITY OF BREMERTON, Grantee BY: LYNN S. HORTON Mayor Director of Public Works and Utilities APPROVED AS TO FORM: DAVID ST. PIERRE Assistant City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY City Clerk E~es~i.~c STORM EASEMENT - 4 - EXHIBIT A A 15 FOOT WIDE STRIP SITUATED WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., AND WITHIN LOTS 12 AND 13, BLOCK 14, OLE HANSON'S NAVY YARD ADDITION AS PER PLAT RECORDED IN VOLUME 4 OF PLATS, PAGE 56, RECORDS OF KITSAP COUNTY, WASHINGTON, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21; THENCE NORTH 0023, 16" EAST ALONG THE EAST LINE OF SAID SECTION 2663.36 FEET TO THE THEORETICAL QUARTER CORNER OF SAID SECTION 21; THENCE NORTH 22°24'41" WEST 127.74 FEET; THENCE SOUTH 79° 10'34" WEST 2.79 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF OYSTER BAY AVENUE WEST AND THE POINT OF BEGINNING OF THIS IS CENTERLINE; THENCE CONTINUING SOUTH 79° 10'34" WEST 120.91 FEET; THENCE SOUTH 23°50'07'' WEST 92.50 FEET; THENCE NORTH 85°49'06'' WEST 81.41 FEET; THENCE SOUTH 89056'56" WEST 178.51 FEET; THENCE SOUTH 89°26'03'' WEST 162.91 FEET; THENCE SOUTH 2°17'01'' WEST 46.83 FEET; THENCE SOU'I~ 88°35'06'' WEST 102.43 FEET TO THE CENTERLINE OF HASELWOOD STREET AND THE POINT OF TERMINATION OF THIS CENTERLINE; EXCEPT ANY PORTION LYING WITHIN HASELWOOD STREET; AND EXCEPT ANY PORTION LYING WITHIN WEST HILLS BOULEVARD. STORM EASEMENT- 5- AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: June 6~ 2001 Resolution # ~-2~¢qt,~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of a dangerous chimney on the property ORIGINATOR: A! Duke located at 1614 Wheaton Way. DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: Fire Chief: Comm. Dev. Dir.: f'~ff~,~'~ 2. Clerk Report City Clerk: '-'~~.~-~o___, 3. Photos Asst. City Atty: ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESH~EI~IT FOR SUBMITI'AL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On April $, 2001, Public Works secured a dangerous earthquake-damaged chimney on the house located at 1614 Wheaton Way after the owner, Colby Jacobs, failed to do so as ordered. The cost of the work, including administrative fees, totaled $1,067.69. Council must now decide if the fees are reasonable and how they should be collected. RECOMMENDATION: I move that Council, by Resolution # ~.~[~ , order that the fees incurred for the abatement ora dangerous chimney located at 1614 Wheaton Way be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Al Duke ENFORCEMENT OFFICIAL: Al Duke EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED__TABLED__APPROVED__DISAPPROVED ~'~tl C COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCESy The City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A COLBY N. JACOBS P.O. BOX 1455 BREMERTON, WA. 98337-0002 June 6, 2001 Bremerton City Council 239 4t" Street Bremerton WA. 98337-0002 Ladies and Gentlemen: Please accept this formal Notice Protest and Objection to the request for approval of lien on the following properties: 1614 Wheaton Way in the Amount of $1,067.69 Said request is being brought forward by Janet Lunceford for the City of Bremerton Planning Department. This objection is being raised because the Notice and Order to Abate Unsafe Conditions which I received on the 27th of March 2001, is undecipherable and establishes deadlines that are physically impossible to maintain, or meet, to wit: In the 4th paragraph of the above named order I was instructed to: "PROVIDE TEMPORY BRACING OF CHIMNEY OR REMOVE DAMAGED PORTION BY I~IARCH 29, 2001, OBTAIN PERMITS FOR REPAIR." In the 5th paragraph I am informed: "The following deadlines must be met with regard to these actions: 1. Acquire permit(s) and commence work by APR]:L 22, 2001 2, Final ]:nspection approved by Hay 15, 2001. And then finely in the last paragraph we find a paragraph that is [STREET ADDRESS] · [CITY/STATE] · [ZIP/POSTAL CODE] PHONE: [PHONE NUMBER] · FAX: [FAX NUMBER] 2 June 6, 2001 typed in uppercase, underlined and bolded which states the following: YOU HAVE UNTZL MARCH 29, 2001 TQ COMPLY WZTH THF F]:RST DEADLZNE [Note: the first deadline is 22 April,2001 23 day's after the date named above] OF THTS ABATENENT, THERE W/LL BE NO EXTENTZON$ OR LATTTUTE GZVEN QN BI)ZLDTN~i PERNZT ZSSUANCE DEADLZNE$ OR COMPLETZON OF WORK DEADLZNE~;. Notwithstanding the fact that the Abatement Order I was served appears to be drafted by a Contender for the Special Olympics, when ! attempted to get the required permits as instructed by your order. ! was informed by your building department (presumably the same entity who made the determination my property was unsafe.) that they had no one who was qualified to approve my plansz. ! was then informed that ! had to hire a certified e~gineer to oppro~e m~' plans prior to getting my permits. Furthermore, the permit department was totally useless as a source of information in my attempts to make heads or tails out of their abatement order. Finely, out of frustration, ! proceeded to drill a one and a quarter inch hole through the exterior attic wall, outer chimney wall and through the inner chimney, and ran a 1" steel threaded bar through the entire assembly, which ! secured with reinforced washers and bolts to the existing structure. At some point after ! made the above described emergency repairs, the City appears to have decided to take matters into their own hands and proceeded to enter upon my property without my permission and wrap a 1/8th in steel cable around the damaged portion of the ~ The City Planning Dept was later to demonstrate just how true this fact is. The alleged repairs the City provided accomplished absolutely nothing, In my opinion, the cable that the City installed provided no additional stability to the existing structure, nor did it make the existing situation any safer that it was prior to their efforts. - 3 - June 6, 2001 chimney and secured the ends of the cable to my roof using wood screws to accomplish this task, and in the process damaging my roof to the point that I found myself conducting further emergency repairs in the middle of the last rain storm we had. In as much as, I have submitted my permanent repair plans to a private engineer for certification I did not received them back approved until the 29th of May 2001, which was well outside my limited time window laid out by the City planning Dept. Therefore, ]: would respectfully ask the Bremerton City Council to deny the request for a lien made by the City Planning Department in these instant actions Sincerely, RESOLUTION A RESOLUTION reviewing charges for the abatement of a dangerous chimney on the property at 1614 Wheaton Way and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing a dangerous chimney on the property located at 1614 Wheaton Way; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 1614 Wheaton Way, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount orS1,067.69 for the property located at 1614 Wheaton Way, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President BREMERTON FIRE DEPARTMENT 817 Pacific Avenue · Bremerton, WA 98337 · (360) 478-5380 * FAX (360) 478-7257 May 14, 2001 Memo To: Paula Johnston, Deputy City Clerk From: Janet Lunceford, BDS II ~ '(~ Re: Public Hearing, 1614 Wheaton Way On April 5, 2001, Public Works secured an earthquake damaged chimney on the property located at 1614 Wheaton Way after the owner, Colby N. Jacobs, failed to do so as ordered. The cost of the work, per the attached interfund transfer and including the administrative fee, totaled $1,067.69. I have scheduled a public hearing for June 6, 2001 for Council to decide if the fees are reasonable and how they should be collected. CITY OF BREMERTO~ INTERFUND TRANSFER CI'I~r DEPARTMENTS ONLY 'DATE 05/02/2001 TKANSFER# 10138 COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Fir~ Department (Fund 108) TO PWO-STREET DMSION FROM Abat~ncnt~)emolitions (P,.EVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summm~7 for: April 2001 BLAB LABOR $429.00 EQUIPMENT $102.00 MATERIALS $125.49 SALES T~ $0.00 .TOTAL $656.49 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 $656.49 q,.a~--,~ {../, (ua 0 ~:~ -- ~.'.~--~-~ I l q -- ~ ~ ~ oooSg REVENU~EPARTMENT S~PER~--~SOR {I 0 EXPENDITURE DEPARTMENT SUPERVISOR Work Order History 05/02/200I 03:33:39 PM CITY OF BILEMERTON PWO-STREET DIVISION Work Order #: SD510022 Title: BLAB-1614 Wheaten Way Chimney Bricks Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: $0 Customer: BLAB Fire Department (Fund 108) Abatements/Demolitions Equipment Estimate: $0 Work Type: AO ANCILLARY OPERATIONS Date Entered: 04/05/2001 12:00:00 AM Supervisor: 0524 Colen Corey Date Updated: 05/01/2001 03:16:30 PM Lead Employee: 0524 Colen Corey Date Targeted: 05/31/2001 Priority: 1 Date Assigned: 04/05/2001 Location ID: 1 Unspecified Location Date Started: 04/05/1901 History #: I Unspecified Equipment Date Finished: 04/06/1901 Work Description Remove bricks and store in yard from house o~,-,moo, ~4zso BLAB- 1614 Wheaton Way Chimney Bricks. 510899 No BLAB 0909 Brian Brewer 1.00 hr .$33.00 0524 Colen Corey 1.00 hr $33.00 0136 Dean Smith 1.00 hr $33.00 0583 Mark A. Thompson 1.00 hr $33.00 3025 '93 GMC 1-TON DUMP 1.00 hr $8.00 207184 Kitsap Lumber, misc. materials used 1.00 in $21.69 o,uo~oo~ ~omso BLAB-1614 Wheaton Way Chimney Bricks. Secure chimney. 0136 Dean Smith 1.00 hr $33.00 3025 '93 GMC 1-TON DUMP 1.00 hr $8.00 5.00 hr 0.00 hr $202.69 SUMMARY FOR WORKORDER: SD510022 Labor: $165.00 Total Regular Labor Hours: 5.00 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $16.00 Total Labor Hours: 5.00 Materials: $21.69 Totat Regular Equipment Hours: 2.00 Sales Tax: $0.00 Total Overtime Equipment Hours: 0.00 Total: $202.69 Total Equipment Hours: 2.00 itl $D510022 Page I AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing FOR AGENDA OF: June 6~ 2001 Resolution # ,~.~,/~ , regarding recovery of fees for ORIGINATING DEPT.: Fire Dept. the abatement of demolition debris on the property ORIGINATOR: A! Duke located at 2133 - 8th Street. DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: Fire Chief:. ~.-~ff 1. Resolution # oQ ~ } L~ Comm. Dev. Dir.: Ed,,Y/btd~7) 2. Clerk Repo~ Cl~ Clerk: ~~ 3. Photos Asst. Ci~ ntw: ~ ~ ~~- ~ E~~E~ ~ ~O~ON __ ~PRO~D BY CO~CIL P~S~ ~R S~~: MAYOR ~'~- COUNCIL P~SmEN..."'C;~:~~~~ _~/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On April 5, 2001, Public Wor~ removed the debris remaining after the demolition of a gauge on the prope~ located at 2133 - 8~a Street, a~er the owner, Stephen G~da, failed to do so as o~e~. The cost of this action, including the administ~tive fee, totaled $1~93.80. Council must now decide if the fe~ are just and reasonable, and how they should be collected. ~COMMENDATION: I move that Council, by R~olution g ~[~ , order that the fees incur~d for the abatement of demolition debris located at 2133 - 8a Street be collected as ~asonable abatement costs and become a lien against the prope~. 9. ~SPONSIBLE OFFICIAL: Al Duke E~ORCE~NT O~IC~L: Al Duke EXPIATION DATE: N/A ~EW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED Il 0 COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO.: ~ { -/~, ~ 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Thc City's revolving abatement fund would suffer the deficit of not collecting these funds. 7. RESEARCH SOURCES: N/A 'RECEIVED, CITY COUNCIL OFFI~" RESOLUTION A RESOLUTION reviewing charges for the abatement of demolition debris on the property at 2133 - 8ta Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of demolition debris on the property located at 2133 - 8th Street; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 2133 - 8th Street, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,293.80 for the property located at 2133 - 8th Street, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. PASSED, by the City Council of the City of Bremerton this day of , 20 JOHN LAW Council President ~~ BREMERTON FIRE DEPARTMENT 817 Pacific Avenu¢ · Bremerton, WA 98337 · (360)478-5380 · FAX (360)478-7257 May 14, 2001 Memo To: Paula Johnston, Deputy City Clerk From: Janet Lunceford, BDS II Re: Public Headng, 2133 - 8th Street On April 5, 2001, Public Works removed debris on the property located at 2133 - 8* Street after the owner, Stephen G. Gazda, failed to do so as ordered. The cost of the work, per the attached interfund transfer and including the administrative fee, totaled $1,293.80. I have scheduled a public hearing for June 6, 2001 for Council to decide if the fees are reasonable and how they should be collected. CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY 'DATE 05/02/2001 TRANSFEI~ 10138 COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Fi~e Department (Fund 108) TO PWO-STREET DMSION FROM Abatements/Demolitions (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary for: April 2001 BLAB LABOR $429.00 EQUTPMElqT $102.00 MATERIALS $125.49 SALES TAX $0.00 TOTAL $656.49 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 ~ i ~-~ ~ ff"~ $656.49 .~--,~ Iq/. (,~ 0 ~:,~ --~ I l q -- ~ ~ ~ oooSg ooot Work Order History 05/02/2001 03:31.'49 PM CITY OF BKEMERTON PWO-STKEET DIVISION Work Order #: SD510023 Title: BLAB-2133 8th Street Clean Debris. Status: S Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations MateriaLs Estimate: $0 Customer: BLAB Fire Department (Fund I08) Abatements/Demolitions Equipment Estimate: $0 Work 2~pe: AO ANCILLARY OPERATIONS Date Entered: 04/05/2001 12:00:00 AM Supervisor: 0524 Colen Corey Date Updated: 05/01/2001 03:16:30 PM Lead Employee: 0524 Colen Corey Date Targeted: 05/31/2001 Priority: 1 Date Assigned: 04/05/2001 Location ID: 1 Unspecified Location Date Started: 04/05/1901 History #: 1 Unspecified Equipment Date Finished: 04/05/1901 Work Description Clean up Debris in back Yard ~r~o~ ~0142so BLAB-2133 8th Street Clean Debris. 51089'/ b~o BLAB 0909 Brian Brewer 2.00 hr $66.00 0136 Dean Smith 2.00 hr $66.00 DU1VIPIN Dump Fees - Oly.View Sanitary Landfill 10.00 yd $103.80 3093 1988' Infl 12 yard Dump Truck 2.00 hr $68.00 0524 Colen Corey 2.00 hr $66.00 3013 '92 GMC 1-TON P/U 2.00 hr $18.00 0583 Mark A. Thompson 2.00 hr $66.00 8.00 hr 0.00 hr $453.80 SUMMARY FOR WORKORDER: SD510023 Labor: $264.00 Total Regular Labor Hours: 8.00 Benefits: $0.00 Total Overtime Labor Hours: 0.00 Equipment: $86.00 Total Labor Hours: 8.00 Materials: $103.80 Sales Tax: $0.00 Total Regular Equipment Hours: 4.00 Total Overtime Equipment Hours: 0.00 Total: $453.80 Total Equipment Hours: 4.00 SD510023 Page I