HomeMy WebLinkAbout09/29/04 AGENDA CITY COUNCIL 239 4th Street, Bremerton, WA 98337 c~ Phone (360) 473-5280 c~ Fax (360) 473-5251
***AMENDED***
SEPTEMBER 29, 2004
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room 209
............ ~- ...... · ........................ ~ Postponed by Mr. Hauge...
B. General Council Business
2. CALL TO ORDER: 5:30 P.M. in Council Chambers
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA A. Claims & Check Register (#AB04-193)
B. Minutes of Meeting - September 22, 2004 (#AB04-194)
C. Interlocal Cooperative Purchasing Agreement between the CITY OF BREMERTON and KiNG COUNTY FIRE
DISTRICT 2 (Burien) for Potential Future Purchase of Diesel Exhaust Extractors (#AB04-195)
D. Appointments of Ed
PLAZA) to the Lodging Tax Advisory Committee (#AB04-196)
4. PUBLIC HEARINGS - ORDINANCES AND RESOLUTIONS
A. Ordinance [First Reading] amending Ordinance No. 4883 relating to the City of Bremerton's "2004 Annual
Budget" (#AB04-197)
5. NEW BUSINESS
A. Approval of Proposed Condominium Declaration for Bremerton Government Center, a Condominium
(#AB04-198)
6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL STUDY SESSION
Immediately following the City Council Meeting, the Council Members will convene in the Council Conference
Room for a LEGISLATIVE REVIEW COMMITTEE to hear presentations on the following proposed items. Please note
that no action will be taken, and the content of these items are subject to change.
1. U.S. Department of Justice Local Law Enforcement Block Grant (LLEBG) for FY 2004 - Tim Sholtis, BPD
Administrative Support
2. Professional Services Agreement with TECHNICAL SERVICES, INC. for on-call service, design, programming,
training, and other services as needed by the Water Utility - Kathleen Cahall, Water Resources Manager
3. Sole Source Purchase of Fleet Management Software from CARTEGRAPH SOFTWARE -- Jim Orton, Fleet
Manager
4. Resolution to Set a Hearing Date of October 20, 2004 for Vacating a portion of the North/South Alley between
13th and 16th Streets; and a portion of 15~h Street between Broadway and Warren Avenues - Michael Mecham,
City Engineer
5. Resolution to Set a Hearing Date of October 20, 2004 for Vacating a portion of Coontz Street lying between
Callow Avenue and Charleston Boulevard; and the alley lying between Coontz Street and Charleston
Boulevard - Michael Mecham, City Engineer
6. Resolution Declaring as Surplus and Approving the Sale of Real Property located between 1140 Trenton
Avenue and 1304 Trenton Avenue - Michael Mecham, City Engineer
7. Ordinance amending Section 2.18.020 of the Bremerton Municipal Code relating to the Audit Committee -
Roger Lubovich, City Attorney; Mike Short, Audit Committee Chairman
AGENDA BILL
CIT; ('~) fi'iL'IL
SUBJECT: ApprovgJ of,,'7'~ain~s and Cb_:c! - Committee 'deedng Date:
l%gister CO?~C~k ~EET~G Dale:
Depaameut: Financial Services
Presenter: Cathy Jolmson
Phone: 473-5296
SUMMARY: Consent agenda item hpproval of payroll, checks aad electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):.
APPROVALS:
DEPARTMENT DIR.ECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: CONSENT AGENDA
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to Approve:
1) Check #'s~:~c]fitt93'-~ _ throughoPC),?_~.,9_ _and EFT's ~, t-/'~5"--through/,,, ~'9~/'
//, 9'V ~ 6 t./,~t~ -'~, (/:5-"-~_) in the amount of$ ~ 3 (/5'] ~'~2.
2) P, egular'Payroll for the pay period ending in the amount ors
3) Retiree Payroll for the pay period ending. ~":~-'d)/ intheamountof$
COUNCIL ACTION: [] Approve [] Den) []
DATE SUBMITTED: September 22, 2004 BILL#
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A
SEPTEMBER 22, 2004 COUNCIL MEETING Date: September 29, 2004
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held September 22, 2004.
ATTACHMENTS: Minutes for September 22, 2004
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESDENT: ~ ~
k.)'
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
3
TAPE #1972
CITY COUNCIL MEETING MINUTES
Wednesday, September 22, 2004
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, September 22, 2004, at
5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike
Short, Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad
Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger
Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed
by the invocation provided by Council Member Dianne Robinson.
President Nygren made the following announcements:
1. A Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM to discuss
Item 4A; and an update on "DOWNTOWN PROJECTS" with Gary Sexton, Economic Development
Director; and
2. Council will meet for a LEGISLATIVE REVIEW SESSION in the Council Conference Room immediately
following the Council Meeting; and reminded citizens that this meeting is open to the public.
CONSENT AGENDA
A. Check numbers 293877 through 294055, and EFT-6429 and EFT-6434 in the amount of
$1,320,306.30; and Regular Payroll in the amount of $637,169.41 for the pay period ending
September 15, 2004 (#AB04-190)
B. Minutes of Meeting - September 15, 2004 (#AB04-191)
#0040 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
4A - APPOINTMENT OF COMMITTEE MEMBERS TO SUBMIT PRO AND CON STATEMENTS
FOR BALLOT MEASURE FOR PROPOSED BREMERTON CITY CHARTER AMENDMENTS
{#AB04-192): President NyAren explained that the City Council is required to formally appoint
Committees to write statements "For" and "Against" the City Charter Amendment Ballot Measure.
Committee Members do not have to be residents of the City. Each Committee shall have no more
than three (3) members however; a Committee may seek the advice of any person in preparing their
statement(s).
There were no comments from the public.
#0085 M/S/C/U (PriestJMaupin) Move to appoint Lynn Horton and Cecil McConnell to the Committee
for writing the "For" statement for the Charter Amendment Ballot Measures.
#0105 M/S/C/U (Priest/McConnell) Move to appoint Ed Rollman to the Committee for writing the
"Against" statement for the Charter Amendment Ballot Measure.
5A - ORDINANCE NO. 4909 ]SECOND READING] AMENDING CHAPTERS 15.01 AND 15.06 OF
THE BREMERTON MUNICIPAL CODE RELATING TO ASSESSMENTS~ RATES~ FEES~ AND
CHARGES FOR WATER, WASTEWATER~ AND STORMWATER SERVICES (#AB04-181): The first
reading of the ordinance was heard on September 15, 2004,
There were no comments from the public.
Mr. McConnell acknowledged that Bremerton has close to the cheapest water rates, but when the
average income for Bremerton residents was compared to the other 14 cities listed in the report, it
showed that Bremerton residents actually spend a larger percentage of their income for utilities,
TAPE #1972
City Council Reg. Mtg. Minutes
Wednesday, September 22, 2004
Page 2 of 2
Mr. Gehrinfl reiterated his concerns regarding this rate increase, even though he recognized the
need, and believed the increases would "reach into the pockets" of the City's rate payers.
Mr. Short described the method used by the City to establish these rates was the fairest method
available, and although he understands the concerns, particularly regarding the impact fees and the
dilemma it would cause in regard to affordable housing, believed the increases were necessary
based on the Comprehensive Plan and the direction the City is trying to go with the anticipated
growth for the next 10 to 15 years. In closing, he stressed that the City must be in a responsible
position regarding utilities.
#0t40 M/SIC (Arends/Short) Move to pass Ordinance No. 4909 on second reading.
Voted in favor of Motion: Robinson, Arends, Maupin, Short, Priest, Nygren
Voted opposed to Motion: Gehring, McConnell
Motion carried: 6-Yes; 2-No
Dianne Robinson announced the first "R.E.A.C.H. for Success!" Parent Fair to be held in the Bremer
Student Center at Olympic College this Saturday, September 25, 2004 from 10:00 AM to 3:00 PM.
Wendy Priest invited the public to attend the District 4 & 5 Community Meeting tomorrow on
Thursday, September 23 from 7:00 to 8:30 PM in the Council Conference Room to hear an "Overview
of the Bremerton Comprehensive Plan" with members of the Community Development Department.
With no further business, the meeting of the City Council was adjourned at 5:49 P.M. The Council
reconvened in the Council Conference Room for a LEGISLATIVE REVIEW SESSION to hear
presentations on upcoming agenda items.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
City of Bremerton
DN/PJ/Is/cge
DATE SUBMITTED: 9-15-04 BILL
AGENDA BILL ~]-?'ffF -
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Interlocal Cooperative Committee Meeting Date: 0%22-04
Purchasing Agreement between the city of COUNCIL MEETING Date: 09-29-04
Bremerton and King County Fire District 2 Department: Fire
(Burien) for potential future purchase of Presenter: Al Duke, Fire Chief
Diesel Exhaust Extractors Phone: 473-538l
SUMMARY: The Board of Fire Commissioners for King County Fire District 2 is in the process of
bidding for Diesel Exhaust Extractors Systems for their fire stations. The agreement would allow the
City of Bremerton to use their bid for the same equipment, if the city so desires. This agreement does
not create an obligation to purchase any particular product, and can be used in the future for other
items.
ATTACHMENTS: Intergovernmental Cooperative Purchasing Agreement
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
OPERATIONS: ....
COUNCIL PRESIDENT:~t ~"~,,~,-~
RECOMMENDED MOTION: To authorize the ayor to execute the Intergovernmental
Cooperative Agreement between the City of Bremerton and King County Fire District 2 (Burien).
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
INTERGOVERNMENTAL COOPERATIVE PURCHASING
AGREEMENT
Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY OF
BREMERTON and KING COUNTY FIRE DISTRICT 2 (BURIEN), both political
subdivisions of the State of Washington, hereby agree to cooperative
governmental purchasing upon the following terms and conditions:
This Agreement pertains to bids and contracts for supplies, material,
equipment, or services that may be required from time to time both by the
CITY OF BREMERTON and KING COUNTY FIRE DISTRICT 2 (BURIEN).
1. Each of the parties from time to time goes out to public bid and
contracts to purchase supplies, material, equipment and services.
Each of the parties hereby agrees to extend to the other party the right
to purchase pursuant to such bids and contracts to the extent
permitted by law, and to the extent agreed upon between each party
and the bidder, contractor, vendor, supplier, or service provider.
2. Each of the parties shall comply with the all applicable laws and
regulations governing its own purchases.
3. Each of the parties shall contract directly with the bidder, contractor,
vendor, supplier, or service provider, and pay directly in accordance
with its own payment procedures for its own purchases. Each party
will indemnify and hold the other party harmless as to any claim arising
out of its participation in this Agreement.
4. Any purchase made pursuant to this Agreement is not a purchase from
either of the parties. The Agreement shall create no obligation to
either of the parties to purchase any particular good or service, nor
create to either of the parties any assurance, warranty, or other
obligation from the other party with respect to purchasing or supplying
any good or service.
5. No separate legal or administrative entity is intended to be created
pursuant to this Agreement. No obligation, except as stated herein,
shall be created between the parties or between the parties and any
applicable bidder or contractor.
6. The CITY CLERK of CITY OF BREMERTON and the DISTRICT
SECRETARY of KING COUNTY FIRE DISTRICT 2 (BURIEN) shall be
representatives of the entities for carrying out the terms of this
Agreement.
7. This Agreement shall continue in force until canceled by either party,
which cancellation may be effected upon receipt by one of the parties
of the written notice of cancellation of the other party.
APPROVED this __ day of APPROVED this __ day of
,2004 ,2004
CITY OF BREMERTON KiNG COUNTY FIRE DIST. 2
BY: BY:
Cary Bozeman Max Roushman
Mayor Chairman of the Board
APPROVED AS TO FORM:
BY: BY:
Roger Lubovich Mike Marrs
City Attorney Fire Chief
ATTEST:
BY: BY:
Paula Johnston James Varnell
City Clerk District Secretary
DATE SUBMITTED: September 1, 2004 BILL # ~.)4 - / E~ ~)
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Appointments to the Lodging Committee Meeting Date: September 22, 2004
Tax Advisory Committee COUNCIL MEETING Date: September 29, 2004
Department: City Council
Presenter: Wendy Priest
Phone: 473-5280
SUMMARY:
The Lodging Tax Advisory Committee reviews requests for funding and submits recommendations to
City Council regarding the allocation of the hotel/motel tax proceeds.
According to Resolution No. 2772, the membership of the Lodging Tax Advisory committee may be
reviewed on an annual basis by the City Council.
Vacancies on the committee must be filled as outlined in RCW 67.28.1817 before the committee may
review the funding requests for the next fiscal year.
The committee must be equally comprised of businesses that collect the lodging tax and organizations
involved in activities authorized to be funded from the lodging tax.
Council is asked to appoint Ed Kim of Hotel Concepts (Hampton Inn) and Coy Wood of the Howard
Johnson to the Lodging Tax Advisory Committee as representatives of businesses that collect the
hotel/motel tax.
ATTACHMENTS: Lodging Tax Advisory Committee Applications (Appl i cat ions a re ava i 1 ab 1 e
in the Council office)
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: ':~.:.~[_ 5 -
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the appointments of Ed Klm of Hotel Concepts
(Hampton Inn) and Coy Wood of the Howard Johnson to the Lodging Tax Advisory Committee as
representatives of businesses that collect the hotel/motel tax.
COUNCIL ACTION: [] Approve [] Deny' [] Table [] Continue [] No Action
DATE SUBMITTED: Septemebr 15, 2004 BILL
AGENDA BILL /~ 04 -
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Hearing and Ordinance Committee Meeting Date: September 22, 2004
Amending Ordinance No. 4883 relating to COUNCIL MEETING Date: 9/29/04 & 10/6/04
the City of Bremerton's 2004 Annual Budget Department: Financial Services
Presenter: Michael R. Wilson
Phone: 473-5590
SUMMARY: The Bremerton City Council adopted the 2004 Annual City Budget Ordinance
(Ordinance No. 4883) on December 23, 2003. Certain programs have been implemented and actions
taken during the year which have an impact on the City's 2004 Annual Budget resulting in the need to
amend the 2004 budget document.
ATTACHMENTS: Ordinance
FISCAL IMPACTS (Include Budgeted Amount): The following funds and budgets will be impacted
by the action taken by the City Council to amend the respective budgets: General Fund (001),
General Government Capital Improvement Fund (308), Public Safety Bond Fund (302) and the
Contingency Reserve Fund (103).
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: (
FINANCE DIRECTOR:
MAYOR:
OPERATIONS: ( '~-"~t: '~...~ ~f~...~ _27 i.--..~_~ I CONSENT AGENDA []
COUNCIL PRESIDENT: ~'-'~ [/~...~....-
RECOMMENDED MOTION: 0 ~
A. I move to approve Ordin~ce No. on first reading which amends Ordinance No. 4883 relating
to the City o~ Bremenon 2004 A~ual Budget.
B. I move to pass Ordin~ce No. on second reading which amends Ordinance No. 4883 relating
to the City of Bremenon 2004 A~ual Budget.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Ordinance No. 4853 relating to
the City of Bremerton Fiscal Year 2004 Budget.
WHEREAS, the City Council passed the Fiscal Year 2004 City Budget Ordinance
(Ordinance No. 4883) on December 23, 2003;
WHEREAS, the General Fund (Fund 001) needs amendments to the Executive
budget for implementation of a communications plan that includes marketing, graphic design and
employee recognition; the City Council budget to fund additional travel and audio/video
equipment for the City Council meeting room in the new Government Center; the Legal (City
Attorney) budget to fund the use of expert legal counsel for an unfair labor claim, bankruptcy
proceedings, comprehensive plan appeal and a union grievance; the Community Development
budget for funding code enforcement services and Comprehensive Plan environmental review
services funded from grants; the Financial Services budget for adding the new Finance Officer
position and additional banking service fees; the Administrative Services budget for shifting
appropriations between expenditures categories for the purchase of scanning equipment; and the
Parks for funding the cost for municipal utility services.
WHEREAS, the General Government Capital Improvement Fund (Fund 308)
needs to be amended to allocate funds for the renovation of the Downtown Bremerton (Martin
Luther King Jr. Bldg.) Library with revenues coming from the Gates Foundation, Kitsap County,
the City of Bremerton and CDBG grant; relocation and securing new BKAT video/audio
equipment for the Government Center; and relocation of the I-Net head-end from City Hall to the
Government Center.
WHEREAS, the Public Safety Capital Bond Fund (Fund 302) needs to be
amended to reflect a FEMA grant secured by the Fire Department for facility equipment for the
new fire station; and
WHEREAS, the Contingency Reserve Fund (Fund 103) needs to be amended to
fund professional services for conducting various appraisals on surplus City-owned property; and
WHEREAS, each of these actions has an impact on the City of Bremerton's FY
2004 Annual Budget resulting in the need to amend this Budget document;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. Ordinance 4883 establishing the City of Bremerton's 2004 Budget
passed by the City Council on December 23, 2003, is hereby amended as follows:
1) The General Fund (Fund 001) is hereby amended to reflect the following appropriation
amendments:
1
11 2004 Bttdget Amendment
GENERAL FUND (Fund 001}
FY 2004
Current Amended
REVENUES 2004 Budget 2004 Budqet Difference
Grant - WA Dept. of Community Development 0 30,000 30,000
Transfer: CDBG (Fund 106) 20,000 44,000 24,000
Revenues 20,000 74,000 54,000
EXPENDITURES
Ending Fund Balance 1,405,964 1,240,964 <165,000>
Department: Executive (001-12)
Supplies & Services (professional services) 29,550 79,550 50,000
Department: Legal (001-14)
Supplies & Services (professional services) 203,390 238,390 35,000
Department: City Council (001-11)
Supplies & Services (travel) 18,125 22,125 4,000
Capital (audio/video equipment) 0 8,000 8,000
Department: Parks (001-51)
Supplies & Services (utilities) 607,528 635,528 28,000
Department: Community Development (001-16)
Personnel (Salaries - extra help) 806,817 830,817 24,000
Supplies & Services (professional services) 123,666 153,666 30,000
Department of Administrative Services (001-13)
Supplies & Services (small tools) 8,500 1,000 <7,500>
Capital equipment (scanner) 0 7,500 7,500
Depadment: Financial Services (001-71)
Personnel (salaries - Finance Officer position) 175,487 185,487 10,000
Supplies & Services (banking fees) 101,235 131,235 30,000
Expenditures 3,480,262 3,534,262 54,000
2) The General Government Capital Improvement Fund (Fund 308) is hereby amended to
reflect the following appropriation amendments:
GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND (Fund 308)
FY 2004
Current Amended
REVENUES 2004 Budqet 2004 Budqet
Beginning Fund Balance 250,000 250,000
Taxes 510,000 510,000
Misc. Revenues 6,000 6,000
Grants (Kitsap County, CDBG, Gates Foundation, Friends -libra~/project) _0 319,000
Revenues 766,000 1,085,000
EXPENDITURES
Supplies & Services (Professional services - IT head-end, Govt. Center) 0 35,000
Capital Outlay (BKAT studio equipment - Govt. Center) 0 71,000
Capital Outlay - Bremedon Library project 0 419,000
Transfers (Govt. Center, Conf. Center Park Plaza) 440,000 440,000
Ending Fund Balance 326,000 120,000
Expenditures 766,000 1,085,000
2
12 2004 Budget Arnendtnent
3. The Public Safety Capital Project Fund (Fund 302) is hereby amended to reflect the
followin~ appropriation amendments:
PUBLIC SAFETY CAPITAL PROJECT FUND (Fund 302)
FY 2004
Current Amended
REVENUES 2004 Bud(let 2004 Budqet !
Beginning Fund Balance/Bond Proceeds 9,732,998 9,732,998
Misc. Revenues 80,000 80,000
Grant Funding - FEMA 0 149,400
Interest Earnings 138,000 138,000
Total Revenues 9,950,998 10,100,398
EXPENDITURES
Capital Expenditures 9,950,998 9,950,998
Capital Equipment - fire station exhaust system 0 149,400
Ending Fund Balance 0 _0
Total Expenditures 9,950,998 10,100,398
4. The Contingency Reserve Fund (Fund 103) is hereby amended to reflect the following
appropriation amendments:
CONTINGENCY RESERVE FUND (Fund 103I
FY 2004
Current Amended
REVENUES 2004 Budqet 2004 Budqet
Beginning Fund Balance 910,000 910,000
Miscellaneous Revenue _0 0
Total Revenues 910,000 910,000
EXPENDITURES
Ending Cash 910,000 890,000
Professional Services - appraisal services 20,000
Operating Transfers 0
0
Total Expenditures 910,000 910,00~
SECTION2. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. E[:[ective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2004
PASSED by the City Council the day of ., 2004
DAREN NYGREN, Council President
2004 Budget Amendment
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004
EFFECTWE the day of ,2004
ORDINANCE NO.
RSLEGAL~OrdinancesWinance\04 amending budget ordinance,doc
4
2004 Budget Amendment
14
DATE SUBMITTED: 9/29/04 BILL # 04-198
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: APPROVAL OF PROPOSED Committee Meeting Date: 9/29/04
CONDOMINIUM DECLARATION FOR COUNCIL MEETING Date: 9/29/04
BREMERTON GOVERNMENT CENTER, Departmem: City Attorney
A CONDOMINIUM Presenter: Roger Lubovich
Phone: 473-2335
SUMMARY: This proposed Condominium Declaration for the Bremerton Government Center, a
Condominium provides the framework by which the Condominium is created and operated.
ATTACHMENTS: 1) Proposed Agreement; 2) Memo from City Attorney
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve and ratify the proposed Condominium Declaration for the
Bremerton Government Center and authorize the City Attorney to negotiate
and finalize the document with substantially the same terms and conditions
as presented.
COUNCIL ACTION: [] Apl~rove [] Deny [] Table [] Continue [] No Action
Office of the City Attorney
Roger A. Lubovich, City Attorney
Memorandum
TO-' City Council
From: Roger A. Lubovich, City Attorney ~ ...... ~;~ ~'~-~
][0.' Government Center Condominium Declaration -'~-
gill[01 September 29, 2004
The following is a general overview of the Condominium Declaration relating to the Bremerton
Government Center:
1. The Condominium has seven Office Units and one Garage Unit.
The relative Declared Value is $19,237,714 for the Office Units as a group and $1,448,000 for the
Washington Mutual Garage Unit.
2. Parking.
The Condominium has two parking levels. The lower parking level (Parking Level P2), containing
83 covered parking spaces, is the Washington Mutual Garage Unit. The upper parking level,
containing 82 covered parking spaces, is restricted to use by the Owners and tenants of the Office
Units. There are four outside parking areas:
· one containing a ramp/entrance and six uncovered parking spaces on the west side
of the Building, which are designated as Limited Common Elements of the
Garage Unit;
· one containing seven uncovered parking spaces for disabled parking to the north
of the Building;
· one containing nine open parking spaces on the south side of the Building for
building maintenance and deliveries; and
· one containing 22 uncovered parking spaces on the east side of the Building.
All uncovered parking spaces, except those on the west side allocated to the Garage Unit, are
Office Limited Common Elements.
3. Maintenance of Units, Common Elements, and Limited Common Elements.
The Association is responsible for maintenance, repair, and replacement of the Common
Elements and the Limited Common Elements, and each Owner is responsible for maintenance,
repair, and replacement of the improvements within the Owner's Unit.
4. Right of First Refusal; Notice Required.
The right of an Owner of an Office Unit to sell the Owner's Office Unit shall be subject to a right
of first refusal by the Owners of the other Office Units.
5. Owners Association.
The Owners of Units shall constitute an owners association. The number of Board members and
qualifications and procedures for election to the Board shall be provided in the Bylaws; provided
that the Owner of the Garage Unit shall be entitled to appoint at least one Board member.
6. Bylaws.
The Board will adopt Bylaws to supplement the Declaration.
7. The Board.
Each Owner shall be entitled to appoint one Board member.
8. Right of Owners to Overrule Board.
Any Board member may, before the close of the meeting at which the action is taken, lodge an
oral objection to the action. In that event, the objector shall have five business days following
the meeting date to obtain and file with the secretary of the Board, or other authorized Board
officer, a written objection to the action signed by an Owner or Owners having Unit ownership
interests totaling over 50% of votes in the Association. If sufficient written objection is provided
within the five-day period, the Board action shall be thereby nullified.
9. Creation of Reserves; Assessments.
The Board shall create reserve accounts for anticipated expenses for repairs, replacements, and
improvements. The operation of reserve accounts and Assessments for reserve accounts shall be
further governed by the Bylaws.
10. Payment of Monthly Assessments.
On or before the first day of each calendar month, each Owner shall pay or cause to be paid to
the treasurer or designated agent of the Association all Assessments against the Unit for that
month.
11. Owners' Individual Insurance.
Each Unit Owner shall maintain or cause to be maintained property insurance with respect to the
improvements and equipment within the Owner's Unit.
12. Amendment of Articles or Bylaws.
The Articles and the Bylaws may be amended only with the approval of Owners holding 67% of the
voting power in the Association and, if the amendment would have an effect on the Garage Unit, the
approval of the Owner of the Garage Unit.
13. Termination of Condominium.
The Condominium may be terminated only by unanimous written consent or agreement of the
Owners of all Units.
Foster Pepper & Shefelman PLLC
Attention: Gary N. Ackerman
1111 Third Avenue, Suite 3400
Seattle, Washington 98101-3299
CONDOMINIUM DECLARATION
FOR
BREMERTON GOVERNMENT CENTER, A CONDOMINIUM
Grantor/Declarant: KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY
Additional names on pg. N/A
Grantee: BREMERTON GOVERNMENT CENTER, A CONDOMINIUM
Additional names on pg. N/A
Legal Description: Section 13, Township 24 North, and Range 1 East, W.M.
Official legal description on Schedule A
Assessor's Tax Parcel ID#: 3718-005-001-0005
Reference # (if applicable): N/A
Additional numbers on pg. N/A
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5034393709
CONDOMINIUM
DECLARATION
FOR
BREMERTON GOVERNMENT CENTER
A CONDOMINIUM
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50343937 09
TABLE OF CONTENTS
Page
Article 1. DEFINITIONS ................................................................................................ 1
Section 1.1 Words Defined ........................................................................................... 1
Section 1.2 Form of Words .......................................................................................... 3
Section 1.3 Statutory Definitions ................................................................................. 3
Article 2. CONSTRUCTION AND VALIDITY OF DECLARATION ......................... 4
Article 3. NAME OF CONDOMINIUM ........................................................................ 4
Article 4. DESCRIPTION OF LAND ............................................................................. 4
Article 5. DESCRIPTION OF UNITS; ALLOCATED INTERESTS ............................ 4
Section 5.1 Number and Identification of Units ........................................................... 4
Section 5.2 Unit Boundaries ......................................................................................... 4
Section 5.3 Unit Data ................................................................................................... 4
Section 5.4 Allocated Interests ..................................................................................... 5
Article 6. COMMON ELEMENTS ................................................................................. 5
Section 6.1 Description ................................................................................................ 5
Section 6.2 Use ............................................................................................................. 5
Article 7. LIMITED COMMON ELEMENTS ............................................................... 5
Section 7.1 Description ................................................................................................ 5
Section 7.2 Reallocation ............................................................................................... 5
Section 7.3 Use ............................................................................................................. 6
Article 8. PARKING ....................................................................................................... 6
Article 9. PERMITTED USES; MAINTENANCE; CONVEYANCES ......................... 7
Section 9.1 Office Units ............................................................................................... 7
Section 9.2 Garage Unit ............................................................................................... 7
Section 9.3 Leases ........................................................................................................ 7
Section 9.4 Maintenance of Units, Common Elements, and Limited Common
Elements .................................................................................................... 7
Section 9.5 Exterior Appearance .................................................................................. 8
Section 9.6 Effect on Insurance .................................................................................... 8
Section 9.7 Use or Alteration of Common and Limited Common Elements ............... 8
Section 9.8 Signs .......................................................................................................... 9
Section 9.9 Offensive Activity ..................................................................................... 9
Section 9.10 Hazardous Substances ............................................................................... 9
Section 9.11 Right of First Refusal; Notice Required .................................................... 9
Section 9.12 Conveyancy by Owner; Notice Required ................................................ 10
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Page
Article 10. SPECIAL DECLARANT RIGHTS .............................................................. 11
Section 10.1 Declarant Inspections .............................................................................. 11
Section 10.2 Transfer .................................................................................................... 11
Article 11. ENTRY FOR REPAIRS OR MAINTENANCE ........................................... 11
Article 12. OWNERS ASSOCIATION ........................................................................... 12
Section 12.1 Form of Association ................................................................................ 12
Section 12.2 Bylaws ..................................................................................................... 12
Section 12.3 Qualification and Transfer ....................................................................... 12
Section 12.4 Powers of the Association ....................................................................... 12
Section 12.5 Financial Statements and Records ........................................................... 14
Section 12.6 Inspection of Condominium Documents, Books, and Records ............... 14
Article 13. THE BOARD ................................................................................................ l 5
Section 13.1 Selection of the Board and Officers ........................................................ 15
Section 13.2 Powers of the Board ................................................................................ 15
Section 13.3 Managing Agent ...................................................................................... 15
Section 13.4 Limitations on Board Authority .............................................................. 15
Section 13.5 Right to Notice and Opportunity to Be Heard ......................................... 15
Section 13.6 Right of Owners to Overrule Board ........................................................ 15
Article 14. BUDGET AND ASSESSMENTS ................................................................ 16
Section 14.1 Fiscal Year ............................................................................................... 16
Section 14.2 Preparation of Budget .............................................................................. 16
Section 14.3 RatificationofBudget ............................................................................. 16
Section 14.4 Supplemental Budget ............................................................................... 16
Section 14.5 Common Expenses .................................................................................. 16
Section 14.6 Specially Allocated Expenses .................................................................. 17
Section 14.7 Special Assessments ................................................................................ 18
Section 14.8 Creation ofReserves; Assessments ......................................................... 18
Section 14.9 NoticeofAssessments ............................................................................. 18
Section 14.10 Payment of Monthly Assessments ........................................................... 18
Section 14.11 Proceeds Belong to Association .............................................................. 18
Section 14.12 Failure to Assess ...................................................................................... 18
Section 14.13 Reconciliation of Assessments to Actual Expenses ................................ 18
Section 14.14 Certificate of Unpaid Assessments .......................................................... 19
Section 14.15 Recalculation of Assessments ................................................................. 19
Article 15. LIEN AND COLLECTION OF ASSESSMENTS ....................................... 19
Section 15.1 Assessments Are a Lien; Priority ............................................................ 19
Section 15.2 Lien May be Foreclosed; Judicial Foreclosure ........................................ 20
Section 15.3 Nonjudicial Foreclosure .......................................................................... 20
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Page
Section 15.4 Receiver During Foreclosure ................................................................... 20
Section 15.5 Assessments Are Personal Obligation ..................................................... 20
Section 15.6 Extinguishment of Lien and Personal Liability ....................................... 21
Section 15.7 Joint and Several Liability ....................................................................... 21
Section 15.8 Late Charges and Interest on Delinquent Assessments ........................... 21
Section 15.9 Recovery of Attorney Fees and Costs ..................................................... 21
Section 15.10 Security Deposit ...................................................................................... 21
Section 15.11 Remedies Cumulative .............................................................................. 21
Article 16. ENFORCEMENT OF DECLARATION, BYLAWS, AND RULES AND
REGULATIONS ........................................................................................... 22
Section 16.1 Rights of Action ...................................................................................... 22
Section 16.2 Failure of Board to Insist on Strict Performance No Waiver .................. 22
Article 17. TORT AND CONTRACT LIABILITY ........................................................ 22
Section 17.1 Association Liability ............................................................................... 22
Section 17.2 Limitation of Liability for Utility Failure, etc ......................................... 22
Section 17.3 No Personal Liability ............................................................................... 22
Article 18. INDEMNIFICATION ................................................................................... 23
Article 19. INSURANCE ................................................................................................ 23
Section 19.1 General Requirements ............................................................................. 23
Section 19.2 Property Insurance; Deductible ............................................................... 23
Section 19.3 Commercial General Liability Insurance ................................................ 24
Section 19.4 Insurance Trustee; Power of Attorney ..................................................... 24
Section 19.5 Additional Policy Provisions ................................................................... 24
Section 19.6 Fidelity Insurance .................................................................................... 25
Section 19.7 Owners' Individual Insurance .................................................................. 26
Section 19.8 Use of Insurance Proceeds ....................................................................... 26
Article 20. DAMAGE AND REPAIR OR DAMAGE TO PROPERTY ........................ 26
Section 20.1 Initial Board Determination ..................................................................... 26
Section 20.2 NoticeofDamage .................................................................................... 27
Section 20.3 Definitions: Damage, Substantial Damage, Repair, Emergency
Work ........................................................................................................ 27
Section 20.4 ExecutionofRepairs ............................................................................... 28
Section 20.5 Damage Not Substantial .......................................................................... 28
Section 20.6 Substantial Damage ................................................................................. 28
Section 20.7 Effect of Decision Not to Repair ............................................................. 29
Article 21. CONDEMNATION ...................................................................................... 29
Section 21.1 Consequences of Condemnation; Notices ............................................... 29
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Section 21.2 Power of Attorney ................................................................................... 30
Section 21.3 Condemnation of a Unit .......................................................................... 30
Section 21.4 Condemnation of Part of a Unit ............................................................... 30
Section 21.5 Condemnation of Common Element or Limited Common
Element .................................................................................................... 30
Section 21.6 Reconstruction and Repair ...................................................................... 31
Article 22. EASEMENTS ................................................................................................ 31
Section 22.1 In General ................................................................................................ 31
Section 22.2 Encroachments ........................................................................................ 31
Section 22.3 Easement Specifically Reserved by the Declarant .................................. 31
Section 22.4 Utility Easements Granted by the Declarant ........................................... 31
Section 22.5 Emergency Easement for Garage Unit .................................................... 32
Article 23. PROCEDURES FOR SUBDIVIDING OR ALTERING UNITS ................. 32
Section23.1 Subdivision of Units ................................................................................ 32
Section 23.2 Minor Alterations; Hard Surface Flooring .............................................. 32
Section 23.3 Adjoining Units ....................................................................................... 32
Section 23.4 Substantial Alteration .............................................................................. 33
Section 23.5 Procedure After Approval ....................................................................... 33
Section 23.6 Relocation of Boundaries -- Adjoining Units .......................................... 33
Article 24. AMENDMENT OF DECLARATION SURVEY MAP AND PLANS,
ARTICLES, OR BYLAWS ........................................................................... 33
Article 25. TERMINATION OF CONDOMINIUM ...................................................... 34
Section 25.1 Action Required ....................................................................................... 34
Section 25.2 Condominium Act Governs ..................................................................... 34
Article 26. NOTICES ...................................................................................................... 35
Section 26.1 Form and Delivery of Notice ................................................................... 35
Section 26.2 Notices to Eligible Mortgagees ............................................................... 35
Article 27. SEVERABILITY .......................................................................................... 35
Article 28. EFFECTIVE DATE ...................................................................................... 36
Article 29. REFERENCE TO SURVEY MAP AND PLANS ........................................ 36
Article 30. ASSIGNMENT BY DECLARANT .............................................................. 36
SCHEDULE A Description of Land
SCHEDULE B Unit Data; Allocated Interests
SCHEDULE C Limited Common Elements
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Article 1. DEFINITIONS.
Section 1.1 Words Defined. For the purposes of this Declaration and any
amendments hereto, the following definitions shall apply.
Allocated Interests means the allocation of Common Expense Liability, interest
in Common Elements and voting for each of the Units in the Condominium determined in
accordance with the formula set fo~h in Section 5.4 and as specified in Schedule B.
Articles means the Articles of Incorporation for the Association.
Assessments means all sums chargeable by the Association against a Unit,
including, without limitation: (a) general and special Assessments for Common Expenses and
Specially Allocated Expenses; (b) charges, and fines imposed by the Association; (c) interest and
late charges on any delinquent account; and (d) costs of collection, including reasonable attomey
fees, incurred by the Association in connection with the collection of a delinquent Owner's
account.
Association means the owners association identified in Article 12.
Board means the board of directors of the Association, as described in Article 13.
Bonds means the bonds issued by the Declarant in connection with the
construction of all portions of the Condominium other than the Garage Unit and its Limited
Common Elements, the interest on which is intended to be exempt from taxation for Federal
income tax purposes.
Building means the building known as Bremerton Government Center located on
the Condominium property and shown on the Survey Map and Plans.
Bylaws means the bylaws of the Association as they may from time to time be
amended.
Common Elements means all portions of the Condominium other than Units.
Common Expenses means expenditures made by or financial liabilities of the
Association which are allocated in this Declaration to all Units in accordance with their Common
Expense Liability.
Common Expense Liability means the liability for Common Expenses allocated
to each Unit, as set forth in Schedule B.
Condominium means Bremerton Government Center, a condominium, created by
Declarant under the Declaration and the Survey Map and Plans.
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Condominium Act means the Washington Condominium Act, codified at
RCW 64.34, as it may be from time to time amended.
Conveyance means any transfer of the ownership of a Unit, including a transfer
by deed or by real estate contract.
Meeting Chambers means the room on the first Office Level so designated on the
Survey Map and Plans, which room shall be an Office Limited Common Element.
Declarant means Kitsap County Consolidated Housing Authority and its
successors and assigns.
Declaration means this Condominium Declaration for Bremerton Government
Center, a condominium, as it may from time to time be mnended.
Declared Value means the value of each Unit, as stated in Schedule B, which
does not necessarily reflect market value and will not be affected by the actual sales prices.
Eligible Mortgagee means the Mortgagee that has filed with the secretary of the
Association a written request that it be given copies of notices of any action by the Association
that requires the consent of Mortgagees.
Foreclosure means a forfeiture or judicial or nonjudicial foreclosure of a
mortgage or a deed in lieu thereof.
Garage Levels means all portions of the Building below the lower surface of
the slab located between the first or plaza level and parking level P 1, except the loading dock.
Garage Unit means the Unit with that designation in Schedule B and as shown
as parking level P2 on the Survey Map and Plans.
Identifying Number means the number or other designation of each Unit, as listed
in Schedule B and shown on the Survey Map and Plans.
Limited Common Elements means the portion of the Common Elements
described in Schedule B which are allocated for the exclusive use of one or more but fewer than
all of the Units.
Managing Agent means the person designated by the Board under Section 13.3.
Meeting Chambers means the room on the first Office Level so designated on the
Survey Map and Plans, which room shall be an Office Limited Common Element.
Mortgage means a mortgage, deed of trust, or real estate contract.
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Mortgagee means any holder, insurer, or guarantor ora mortgage on a Unit.
Notice and Opportunity to be Heard means the procedure described in Section
13.5.
Office Levels means (a) all portions of the Building the Common Elements of
the Condominium above the lower surface of the concrete slab between the first or plaza level
of the Building and the upper garage level, excluding improvements within the Office Units,
and (b) the loading dock.
Office Limited Common Elements means the Limited Common Elements
allocated to the Office Units jointly, as described in Schedule C and shown on the Survey Map
and Plans.
Office Unit means a Unit with that designation in Schedule B and as shown on
the Survey Map and Plans.
Owner or Unit Owner means the Declarant or other person who owns a Unit, but
does not include any person who has an interest in a Unit solely as security for an obligation.
Person means a natural person, corporation, partnership, limited partnership,
limited liability company, trust, governmental subdivision or agency, or other legal entity.
Special Declarant Rights means rights reserved for the benefit of the Declarant as
specified in Article 10.
Specially Allocated Expenses means certain expenditures or liabilities of the
Association which are specially allocated among Units pursuant to Section 14.6.
Survey Map and Plans means the survey map and plans filed simultaneously with
the recording of this Declaration and any amendments, corrections, and addenda thereto
subsequently filed.
Unit means a physical portion of the Condominium designated for separate
ownership, the boundaries of which are described in Section 5.2 and shown on the Survey Map
and Plans.
Section 1.2 Form of Words. The singular form of words shall include the plural
and the plural shall include the singular. Masculine, feminine, and gender-neutral pronouns
shall be used interchangeably.
Section 1.3 Statutory Definitions. Some of the terms defined above are also
defined in the Condominium Act. The definitions in the Declaration are not intended to limit
or contradict the definitions in the Condominium Act. If there is any inconsistency or
conflict, the definition in the Condominium Act will prevail.
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Article 2. CONSTRUCTION AND VALIDITY OF DECLARATION.
The Declaration and the Condominium Act provide the framework by which the
Condominium is created and operated, in the event of a conflict between the provisions of the
Declaration and the Condominium Act, the Condominium Act shall prevail. In the event of a
conflict between the provisions of this Declaration and the Bylaws, the Declaration shall prevail
except to the extent the Declaration is inconsistent with the Condominium Act. The creation of
the Condominium shall not be impaired, and title to a Unit and its interest in the Common
Elements shall not be rendered unmarketable or otherwise affected by reason of an insignificant
failure of this Declaration, the Survey Map and Plans, or any amendment thereto to comply with
the Condominium Act.
Article 3. NAME OF CONDOMiNIUM.
The name of the Condominium created by this Declaration and the Survey Map and
Plans is Bremerton Government Center, a condominium.
Article 4. DESCRIPTION OF LAND.
The real property included in the Condominium and submitted to the Condominium Act
is described in Schedule A.
Article 5. DESCRIPTION OF UNITS; ALLOCATED INTERESTS.
Section 5.1 Number and Identification of Units. The Condominium has seven
Office Units and one Garage Unit. The Identifying Number of each Unit is set forth in
Schedule B and shown on the Survey Map and Plans.
Section 5.2 Unit Boundaries. The boundaries of the Units are the interior surfaces
of the unfinished perimeter walls, floors, and ceilings of the Units, including tiles, paint,
wallpaper, and any other materials constituting any part of the finished surfaces thereof. All
spaces, interior partitions, and other fixtures and improvements within the boundaries of a
Unit are a part of the Unit; provided, that the Unit boundaries shall not include those Common
Elements specified in Article 6.
Section5.3 Unit Data. The Units are all restricted to nonresidential uses.
Accordingly, the number of bedrooms, bathrooms and fireplaces in each Unit is not applicable
and not required. The approximate area and the level or levels upon which each Unit is
located is set forth in Schedule B. The location and configuration of each Unit axe shown in the
Survey Map and Plans.
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Section 5.4 Allocated Interests. Schedule B sets forth the Allocated Interests of
each of the Units in the Condominium, for purposes of Common Expense Liability, interest in
the Common Elements, and voting rights in the Association. The allocations shall be
determined in accordance with the following formulas:
5.4.1 As between the Office Units as a group and the Garage Unit, the
formula is the relative Declared Values of the Units with $19,237,714 being the Declared Value
of the Office Units as a group and $1,448,000 being the Declared Value of the Garage Unit.
5.4.2 As among the Office Units, the formula is the relative areas of the
Units.
Article 6. COMMON ELEMENTS.
Section6.1 Description. The Common Elements are all portions of the
Condominium, other than the Units, including all portions of the walls, floors, or ceilings
which are not a part of or within the Unit boundaries provided in Section 5.2. The Common
Elements also include any chute, flue, duct, wire, conduit, beating wall, bearing column, or
any other fixture which lies partially within and partially outside the designated boundaries of
a Unit which serves more than one Unit or any portion of a Common Element. Specifically,
and without limiting the generality of the foregoing, the internal pillars and elevator shafts
shall not be part of the Garage Unit.
Section 6.2 Use. Each Owner shall have the right to use the Common Elements,
but not the Limited Common Elements, in common with all other Owners and a right of
access from the Owner's Unit across the Common Elements to the public streets. The right to
use the Common Elements extends not only to each Owner, but also to its employees, agents,
tenants, invitees, and licensees. The right to use the Common Elements, including the
Limited Common Elements, shall be governed by the provisions of the Condominium Act,
this Declaration, the Bylaws, and the roles and regulations of the Association.
Article 7. LIMITED COMMON ELEMENTS.
Section 7.1 Description. The Limited Common Elements allocated to Units are
listed on Schedule C and are shown on the Survey Map and Plans.
Section 7.2 Reallocation. A Limited Common Element may be reallocated
between Units only with the approval of the Board and by an amendment to the Declaration
executed by the Owners of the Units to which the Limited Common Element was and will be
allocated. The Board shall approve the request of the Owner or Owners under this Section
within 30 days, or within such other period provided by the Declaration, unless the proposed
reallocation does not comply with the Condominium Act or the Declaration. The failure of
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the Board to act upon a request within such period shall be deemed approval thereof. The
amendment shall be recorded in the names of the parties and of the Condominium. A
Common Element may be reallocated as a Limited Common Element, or a Limited Common
Element may be incorporated into an existing Unit with the approval of 67% of the Owners,
including the Owner of the Unit to which the Limited Common Element will be allocated or
incorporated, provided, however, that in the event such reallocation or incorporation impacts
the Owner of the Garage Unit or the Owner's use of the Garage Unit, then the Owner of the
Garage Unit must consent in writing to such reallocation or incorporation. Such reallocation
or incorporation shall be reflected in an amendment to the Declaration and the Survey Map
and Plans.
Section 7.3 Use. Each Owner to which a Limited Common Element is allocated
shall have the right to use the Limited Common Elements allocated to the Owner's Unit in
common with the Owner of any other Unit to which the Limited Common Element is
assigned. The right to use the Limited Common Element extends to the Owner's employees,
agents, tenant, invitees, and licensees.
Article 8. PARKING.
The Condominium has two parking levels. The lower parking level (Parking Level P2),
containing 83 covered parking spaces, is the Garage Unit. The upper parking level (Parking
Level P1), containing 82 covered parking spaces, is an Office Limited Common Element and is
restricted to use by the Owners and tenants of the Office Units and their employees and agents
on a parking permit basis, as described below. In addition to the garage parking levels, there
are four outside parking areas: one containing a ramp/entrance and six uncovered parking
spaces on the west side of the Building, which are designated as Limited Common Elements
of the Garage Unit; one containing seven uncovered parking spaces for disabled parking to
the north of the Building; one containing nine open parking spaces on the south side of the
Building for building maintenance and deliveries; and one containing 22 uncovered parking
spaces on the east side of the Building. All uncovered parking spaces, except those on the
west side allocated to the Garage Unit, are Office Limited Common Elements. Use of the
Office Limited Common Element parking spaces will be subject to rules and regulations of
the Board, as implemented by the Managing Agent. It is expected that use of the Office
Parking Level by the Office Units will be by access card and require a parking permit issued by
the Managing Agent. Under policies adopted by the Board, the Managing Agent may designate
some uncovered parking spaces for use by certain Unit Owners and their invitees. The number
of parking permits for the Office Parking Level will be determined from time to time by the
Board and allocated among the Office Units in proportion to their Allocated Interests, provided
that any uncovered parking spaces designated for use by a Unit Owner and their invitees will be
counted against that Unit's allocable share of parking permits issued for parking in the Parking
Level Pl. Except as provided by rules and regulations of the Board, use of the Parking Level P1
shall be restricted to those persons holding parking permits on a first come, first serve basis. The
Board may (a) designate certain spaces for the exclusive use by an employee or invitee of the
Association or an Office Unit, (b) limit the number of and/or designate cer[ain parking spaces
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Council menlo
that may be used by employees of the Owners or tenants of the Units, (c) require certain parking
spaces be kept available for the public and/or (d) rent parking spaces to the Owners, their tenants
or the public. Policies concerning the use of the parking spaces in the Garage Unit and
Limited Common Element outside parking area shall be established by the Owner of the
Garage Unit. No use of the Garage Unit by the Owners or tenants of the Office Units or their
guests, employees, invitees or members or the general public shall be permitted except upon
the express written consent of the Owner of the Garage Unit.
Article 9. PERMITTED USES; MAINTENANCE; CONVEYANCES.
Section 9.1 Office Units. The Office Units are intended for and restricted to office,
governmental, public health and related uses, coffee shop, and such other uses as may be
permitted under applicable City ordinances and regulations and approved by the Board.
Notwithstanding the foregoing, there shall be no use of an Office Unit that would violate any
of the covenants of the Bonds or cause the Bonds to become taxable for Federal income tax
purposes.
Section 9.2 Garage Unit. The Garage Unit is intended for and restricted to use as a
parking garage and related uses and such other uses as may be permitted under applicable
City ordinances and regulations and approved by the Board.
Section 9.3 Leases. Any lease or rental agreement must provide that its terms shall
be subject in all respects to the provisions of the Declaration, the Bylaws, and roles and
regulations of the Association and that any failure by the tenant to comply with the terms of
such documents, rules, and regulations shall be a default under the lease or rental agreement.
If any lease under this Section does not contain the foregoing provisions, such provisions shall
nevertheless be deemed to be part of the lease and binding upon the Owner and the tenant by
reason of their being stated in this Declaration. All leases and rental agreements, with the
exception of leases or rental agreements in connection with the Garage Unit, shall be in
writing and delivered to the Association before the tenancy commences.
Section 9.4 Maintenance of Units, Common Elements~ and Limited Common
Elements. Except as provided below, the Association is responsible for maintenance, repair,
and replacement of the Common Elements and the Limited Common Elements, and each
Owner is responsible for maintenance, repair, and replacement of the improvements within
the Owner's Unit. Each Owner shall, at the Owner's sole expense, keep the interior of the
Unit and its equipment, appliances, and appurtenances in a clean and sanitary condition, free
of rodents and pests, and in good order, condition, and repair and shall do all redecorating and
painting at any time necessary to maintain the good appearance and condition of the Unit.
The Association shall be responsible for the operation, maintenance, repair and replacement
of the Common Elements within the Office Levels and Garage Levels of the Building,
including the Office Limited Common Elements, and the exterior grounds and improvements
in the Condominium, except the Limited Comruon Element driveway and parking spaces
allocated to the Garage Unit. The Association shall be responsible for repair and replacement
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of the balcony included within Unit 6 and the Owner of Unit 6 shall be responsible for
keeping the balcony in good order and in a clean and sanitary condition. Costs relating to the
Office Levels and exterior grounds and improvements (other than Garage Unit Limited
Common Elements and walkway on the eastern and northern sides of the Building) shall be
specially allocated to the Office Units pursuant to Section 14.6. Costs relating to the Garage
Levels and the walkway on the eastern and northern sides of the Building shall be specially
allocated to all Unit Owners pursuant to Section 14.6. The Owner of the Garage Unit shall be
responsible for the operation, maintenance, repair and replacement of the Limited Common
Elements allocated to the Garage Unit and for security, maintenance and utilities relating to
the Unit and its Limited Common Elements. The Association shall be responsible for repair
or replacement of glass in the windows or exterior doors of the Units and allocate the cost to
the Owner of the Unit. The Association shall be responsible for washing the exterior
windows of the Building, the cost of which shall be allocated to the Office Units as a
Specially Allocated Expense pursuant to Section 14.6. Each Owner shall be responsible for
the operation, maintenance, repair, or replacement of any plumbing, wiring, water heaters,
fans, heating/cooling equipment or other equipment or appliances which serve only that Unit,
whether or not located in the Unit. The Association may, as a Common Expense, provide for
the inspection of any portion of a Unit or Limited Common Element, the failure of which to
maintain properly may cause damage to the Common Elements, Limited Common Elements,
or another Unit or cause unnecessary Common Expenses. If the inspection discloses the need
for repair or replacement, the Association may either require the responsible Owner to make
the repair or replacement, or make the repair or replacement itself and allocate the cost thereof
to the Owner.
Section9.5 Exterior Appearance. In order to preserve a uniform exterior
appearance of the Building, the Association shall provide for the maintenance of the exterior
of the Building. No Owner may modify or decorate the exterior of the Building or the
window coverings, screens, doors, awnings, or other portions of any Unit visible from outside
the Unit without the prior written consent of the Board or in accordance with rules or
regulations of the Association. No solar panels, radio or television antennas or other
appliances may be installed on the exterior of the Building without the prior written consent
of the Board.
Section 9.6 Effect on Insurance. Nothing shall be done or kept in any Unit or in
any Common Element that will increase the rate of insurance on the property without the prior
written consent of the Board. Nothing shall be done or kept in any Unit or in any Common
Element that will result in the cancellation of insurance on any part of the property, or that
would be in violation of any laws.
Section 9.7 Use or Alteration of Common and Limited Common Elements. Use of
the Common Elements and Limited Common Elements shall be subject to the provisions of
this Declaration and the rules and regulations of the Board; provided that no rule or regulation
shall be adopted nor shall any provision of the Declaration be amended which would alter or
interfere with use of the Garage Unit, or any Common or Limited Common Element serving
the Garage Unit, by the Owner of the Garage Unit or any tenant, customer or other invitee of
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the Owner. Nothing shall be altered or constructed in or removed from any Common Element
or Limited Common Element except upon the prior written consent of the Board.
Section 9.8 Signs. No sign of any kind shall be displayed to the public view on any
Common Element or Limited Common Element or on any exterior window or door of a Unit
without the written consent of the Board, which consent may not be unreasonably withheld, or
in accordance with sign design criteria established by the Board; provided, however, the
Owner of the Garage Unit may have signage on the door to the Garage Unit and for the
Limited Common Element driveway and parking spaces allocated to that Unit and there are
no restrictions on the signage which may be used within the Unit (other than signage on the
exterior windows or doors of the Units).
Section 9.9 Offensive Activity. No noxious or offensive activity shall be carried on
in any Unit, Limited Common Element, or Common Element, nor shall anything be done
therein that may be or become an annoyance or nuisance to other Owners. None of the uses
permitted hereunder shall now or h~reafter be deemed an annoyance or nuisance to other
Owners.
Section 9.10 Hazardous Substances. The Owner of each Unit shall not permit any
Hazardous Substance to be generated, processed, stored, transported, handled, or disposed of
on, under, in, or through the Owner's Unit or the Property except in accordance with all
applicable laws, ordinances, regulations, rulings, and orders of all authorities having
jurisdiction thereof; and each Owner shall indemnify, defend, and hold harmless the other
Owner or Owners and the Association from all fines, suits, procedures, claims, and actions of
any kind arising out of or in any way connected with any spills or discharges of Hazardous
Substances or wastes arising from the operation or use of the Unit or the Property by the
Owner, tenants, or invitees of the Unit. 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, role, regulation, or other law
now or hereafter in effect pertaining to environmental protection, contamination, or cleanup,
including without limitation any substance, waste, or material which now or hereafter is
designated as a "Hazardous Substance" under the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. § 9601 et seq.), or under any local or state role or
regulation. Without limiting the foregoing, Hazardous Substances shall include, but not be
limited to, any substance which after being released into the environment and upon exposure,
ingestion, inhalation, or assimilation, either directly from the environment or indirectly by
ingestion through food chains, will or may reasonably be anticipated to cause death, disease,
behavior abnormalities, cancer, and/or genetic abnormalities.
Section 9.11 Right of First Refusal; Notice Required. The right of an Owner of an
Office Unit to sell the Owner's Office Unit shall be subject to a fight of first refusal by the
Owners of the other Office Units (the "Other Owners"), as follows. An Owner desiring to sell
an Office Unit (the "Offering Owner") shall deliver a written notice to the Other Owners
advising of the Offering Owner's intention to sell the Office Unit and stating the asking price,
which notice shall constitute an offer to sell the Office Unit at the stated asking price to the
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Other Owners. The Owner of the Office Unit adjacent to the Office Unit being offered for
sale ("Adjacent Owner") shall have 30 days in which to accept the offer or to make a counter-
offer. If the Adjacent Owner accepts the offer or if the Offering Owner accepts the counter-
offer, the Offering Owner shall be obligated to sell the Office Unit to the Adjacent Owner at
the accepted purchase price. If the Adjacent Owner does not agree to purchase the Office
Unit as provided above, the Other Owners shall have an additional 30 days in which to accept
the offer or to make a counter-offer. If any of Other Owners accepts the offer or if the
Offering Owner accepts a counter-offer, the Offering Owner shall be obligated to sell the
Office Unit to such Other Owner at the accepted purchase price; provided however, that if the
agreed purchase price with the Other Owner is lower than the asking price, then the Adjacent
Owner shall have an additional 30 days in which to elect to purchase the Office Unit at the
lower price. The purchase price shall be paid all cash at closing within 90 days of acceptance
and the Offering Owner shall convey marketable title to the Office Unit by Statutory
Warranty Deed, pay the excise tax (if due) and provide standard coverage title insurance, with
other closing costs being allocated in the usual manner for Kitsap County, Washington, unless
otherwise agreed. If none of the Other Owners agree to purchase the Office Unit, as provided
above, the Offering Owner shall, subject to a further right of first refusal as provided below,
be free to sell the Office Unit to a third party for one year after the end of the last period
specified above. If the Offering Owner enters into a bona fide agreement to sell the Office
Unit within the one-year period to a third party, the Offering Owner shall first offer to sell the
Office Unit to the Other Owners at a same sales price agreed to by the third party. The Other
Owners shall have 30 days in which to accept the offer. If the offer is accepted by any of the
Other Owners, the Offering Owner shall be obligated to sell the Office Unit to the Other
Owner at the price specified in the agreement and the sale shall close in the manner provided
above. If more than one of the Other Owner accepts the Offer within the time period, the
offer of the Adjacent Owner shall have priority; otherwise the first to accept wilt prevail.
Notwithstanding the foregoing, there shall be no conveyance of an Office Unit that would
violate any of the covenants of the Bonds or cause the Bonds to become taxable for Federal
income tax purposes. The right of first refusal provided in this Section shall not apply to the
Garage Unit.
Section 9.12 Conveyancy by Owner; Notice Required. The right of an Owner of an
Office Unit to An Owner intending to convey an Office Unit shall deliver a written notice to
the Board, at least two weeks before closing, specifying (a) the Office Unit being sold; (b) the
name and address of the purchaser, of the closing agent, and of the title insurance company
insuring the purchaser's interest; and (c) the estimated closing date. The Board shall have the
right to notify the purchaser, the title insurance company, and the closing agent of the amount
of unpaid Assessments and charges outstanding against the Office Unit, whether or not such
information is requested. Promptly upon the conveyance of an Office Unit, the new Office
Unit Owner shall notify the Association of the date of the conveyance and the Office Unit
Owner's name and address. The Association shall notify each insurance company that has
issued an insurance policy under Article 19 of the name and address of the new Owner and
request that the new Owner be made a named insured under such policy. At the time of the
first conveyance of each Unit, every mortgage, lien, or other encumbrance affecting that Unit
and any other Unit or Units or real property, other than the percentage of undivided interest of
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that Unit in the Common Elements, shall be paid and satisfied of record, or the Unit being
conveyed and its undivided interest in the Common Elements shall be released therefrom by
partial release duly recorded or the purchaser of that Unit shall receive title insurance from a
licensed title insurance company against such mortgage, lien, or other encumbrance.
Article 10. SPECIAL DECLARANT RIGHTS.
The Declarant reserves the following Special Declarant Rights so long as the
Declarant owns a Unit: (a) to complete any improvements shown on the Survey Map and
Plans; and (b)to use easements through the Common Elements and Limited Common
Elements for the purpose of making improvements within the Condominium.
Section 10.1 Declarant Inspections. The Declarant shall have the right, but not the
obligation, to conduct inspections and tests from time to time of all or any parts of the
Common Elements, including the Limited Common Elements, in order to ascertain the
physical condition of the improvements in the Condominium and to determine whether
maintenance, repairs or replacements of any such improvements are indicated. The Declarant
shall pay all costs of such inspections and tests and restore the affected portion of the property
to its condition immediately prior thereto, and shall indemnify the Association and Owners of
any affected Units from any damage resulting therefrom. The Declarant shall have such
fights of entry on, over, under, across and through the property as may be reasonably
necessary to exercise the fights described in this Section.
Section 10.2 Transfer. The rights described in this Article shall not be transferred
except by instrument evidencing the transfer executed by the Declarant or the Declarant's
successor and the transferee and recorded in the county in which the Condominium is located.
The fights and liabilities of the parties involved in such a transfer and of all persons who
succeed to any Special Declarant Right are set out in RCW 64.34.316.
Article 11. ENTRY FOR REPAIRS OR MAINTENANCE.
The Association and its agents or employees may enter any Unit and the Limited
Common Elements allocated thereto to effect mpa/rs, improvements, replacements, maintenance,
or sanitation work deemed by the Board to be necessary in the performance of its duties, to do
necessary work that the Owner has failed to perform, or to prevent damage to the Common
Elements or to another Unit. Except in cases of great emergency that preclude advance notice,
the Board shall cause the Unit occupant to be given Notice and an Opportunity to be Heard as far
in advance of entry as is reasonably practicable. Such entry shall be made with as little
inconvenience to the Owners and occupants as practicable. The Board may levy a special
Assessment against the Owner of the Unit for all or part of the cost of work that the Owner has
failed to perform which may be collected and foreclosed by the Association in the same manner
as Assessments are collected and foreclosed under Article 15. The Board may require Owners
and tenants to fumish duplicate keys to their Units to the Board or the Board's designated agent.
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Article 12. OWNERS ASSOCIATION.
Section 12.1 Form of Association. The Owners of Units shall constitute an owners
association to be known as the Bremerton Government Center Association. The Association
shall be organized as a nonprofit corporation, no later than the date the first Unit in the
Condominium is conveyed. The number of Board members and qualifications and procedures
for election to the Board shall be provided in the Bylaws; provided that the Owner of the
Garage Unit shall be entitled to appoint at least one Board member. The rights and duties of
the Board and of the Association shall be governed by the provisions of the Condominium
Act, the Declaration, and the Bylaws.
Section 12.2 Bylaws. The Board will adopt Bylaws to supplement the Declaration
and to provide for the administration of the Association and the property and for other
purposes not inconsistent with the Condominium Act or the Declaration.
Section 12.3 Qualification and Transfer. Each Owner of a Unit (including the
Declarant) shall be a member of the Association and shall be entitled to one membership for
each Unit owned, which membership shall be considered appurtenant to that member's Unit.
Ownership of a Unit shall be the sole qualification for membership in the Association. A
membership shall not be transferred in any way except upon the transfer of title to the Unit
and then only to the transferee of title to the Unit, provided that if a Unit has been sold on
contract, the contract purchaser shall exercise the rights of the Owner for purposes of the
Association, this Declaration, and the Bylaws, except as hereinafter limited, and shall be the
voting representative unless otherwise specified. Any attempt to make a prohibited transfer
shall be void. Any transfer of title to a Unit shall operate automatically to transfer the
membership in the Association to the new Owner.
Section 12.4 Powers of the Association. In addition to those actions authorized
elsewhere in the Declaration, the Association shall have the power to:
12.4.1 Adopt and amend the Bylaws and the rules and regulations for the
Condominium;
12.4.2 Adopt and amend budgets for revenues, expenditures, and reserves,
and impose and collect Assessments for Common Expenses and Specially Allocated Expenses
from Owners;
12.4.3 Hire and discharge or contract with Managing Agents and other
employees, agents, and independent contractors;
12.4.4 Institute, defend, or intervene in litigation or administrative
proceedings in its own name on behalf of itself or two or more Unit Owners on matters
affecting the Condominium;
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12.4.5 Institute or intervene in litigation in its own name and on behalf of
the Owner of the Garage Unit on any matter relating to a material deficiency in the design or
construction of the Garage Unit, which litigation the Association shall be obligated to institute
if reasonably necessary;
12.4.6 Make contracts and incur liabilities;
12.4.7 Regulate the use, maintenance, repair, replacement, and
modification of Common Elements and Limited Common Elements, provided, however, that
any regulation which impacts or alters the use of the Common Elements or Limited Common
Elements serving the Garage Unit shall require the prior written consent of the Owner of the
Garage Unit;
12.4.8 Cause additional improvements to be made as a part of the
Common Elements and Office Limited Common Elements;
12.4.9 Acquire, hold, encumber, convey, and dispose of, in the
Association's name, right, title, or interest to real or tangible and intangible personal property,
and arrange for and supervise any addition or improvement to the Condominium, provided
that if the estimated cost of any separate property acquisition, addition, or improvement to the
Condominium exceeds $25,000, the approval of the Owners holding a majority of the votes in
the Association shall be required.
12.4.10 Grant easements, leases, licenses, and concessions through or over
the Common Elements and petition for or consent to the vacation of streets and alleys;
12.4.11 Impose and collect any payments, fees, or charges for the use,
rental, or operation of the Common Elements and for services provided to Owners;
12.4.12 Impose and collect reasonable fees relating to conveyance or
change in occupancy of the Units, such as move-in fees and transfer fees;
12.4.13 Acquire and pay for all goods and services reasonably necessary or
convenient for the efficient and orderly functioning of the Condominium;
12.4.14 Impose and collect charges for late payment of Assessments as
further provided in Article 15 and, after Notice and an Opportunity to be Heard by the Board
or by such representative designated by the Board and in accordance with such procedures as
provided in this Declaration, the Bylaws, or roles and regulations adopted by the Board, levy
reasonable fines in accordance with a previously established schedule thereof adopted by the
Board and furnished to the Owners for violations of this Declaration, the Bylaws, and roles
and regulations of the Association;
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12.4.15 Provide for the indemnification of its officers and Board, and
maintain directors' and officers' liability insurance;
12.4.16 Assign its right to future income, including the right to receive
Assessments;
12.4.17 Provide or pay, as a Specially Allocated Expense allocated to the
Office Units, the following utility services to the Office Units: water, sewer and garbage
removal;
12.4.18 Exercise any other powers conferred by this Declaration or the
Bylaws;
12.4.19 Exercise all other powers that may be exercised in this state by the
same type of corporation as the Association; and
12.4.20 Exercise any other powers necessary and proper for the governance
and operation of the Association.
Section 12.5 Financial Statements and Records. The Association shall keep
financial records in accordance with accrual based accounting principles. All financial and
other records shall be made reasonably available for examination by any Unit Owner and the
Owner's authorized agents. At least annually, the Association shall prepare, or cause to be
prepared, a financial statement of the Association in accordance with generally accepted
accounting principles. The annual financial statement shall be audited at least annually by a
certified public accountant who is not a member of the Board or an Owner unless Owners
holding at least 60% of the votes, excluding votes held by the Declarant, waive the audit for
that year. The financial statement shall be completed in time for the Association's annual
meeting and in any event within 120days following the end of the fiscal year. Any
Mortgagee will, upon request, be entitled to receive the annual financial statement within 120
days following the end of the fiscal year. The Board, or persons having 35% of the voting
power of the Association, may require that an audit of the Association and management books
be presented at any special meeting. An Owner or Mortgagee, at the Owner's or Mortgagee's
expense, may at any reasonable time conduct an audit of the books of the Board and
Association. Upon written request of a Mortgagee, the Association shall provide within a
reasonable time the financial statement of the Association for the preceding fiscal year.
Section 12.6 Inspection of Condominium Documents, Books, and Records. The
Association shall make available to Owners, Mortgagees, prospective purchasers and their
prospective Mortgagees, and the agents or attorneys of any of them, current copies of this
Declaration, the Articles, the Bylaws, the roles and regulations of the Association, and other
books, records, and financial statements of the Association. "Available" shall mean available
for inspection upon request, during normal business hours or under other reasonable
circumstances. The Association may require the requesting party to pay a reasonable charge
to cover the cost of making the copies.
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Article 13. THE BOARD.
Section 13.1 Selection of the Board and Officers. Each Owner shall be entitled to
appoint one Board member. The Board shall elect officers in accordance with the procedures
provided in the Bylaws. The members of the Board and officers shall take office upon
election. Removal of Board members and their replacement shall be as provided in the
Bylaws.
Section 13.2 Powers of the Board. Except as provided in this Declaration, the
Bylaws or the Condominium Act, the Board shall at all times act on behalf of the Association.
The Board may exercise all powers of the Association, except as otherwise provided in the
Condominium Act, Declaration, or the Bylaws.
Section 13.3 Managing Agent. The Board may contract with a professional
Managing Agent to assist the Board in the management and operation of the Condominium
and may delegate such of its powers and duties to the Managing Agent as it deems to be
appropriate, except as limited herein.
Section 13.4 Limitations on Board Authority. The Board shall not act on behalf of
the Association to amend the Declaration, Articles or Bylaws in any manner that requires the
vote or approval of the Unit Owners pursuant to Article 24, to terminate the Condominium
pursuant to Article 25, or to elect members of the Board or determine the qualifications,
powers, and duties, or terms of office of members of the Board. The Board may, in
accordance with the Bylaws, fill vacancies in its membership for the unexpired portion of any
term.
Section 13.5 Right to Notice and Opportunity to Be Heard. Whenever this
Declaration requires that an action of the Board be taken after "Notice and Opportunity to be
Heard," the following procedure shall be observed: The Board shall give written notice of the
proposed action to all Owners, tenants, or occupants of Units whose interest would be
significantly affected by the proposed action. The notice shall include a general statement of
the proposed action and the date, time, and place of the hearing, which shall be not less than
five days from the date notice is delivered by the Board. At the hearing, the affected person
.shall have the right, personally or by a representative, to give testimony orally, in writing or
both (as specified in the notice), subject to reasonable rules of procedure established by the
Board to assure a prompt and orderly resolution of the issues. Such evidence shall be
considered in making the decision but shall not bind the Board. The affected person shall be
notified of the decision in the same manner in which notice of the meeting was given.
Section 13.6 Right of Owners to Overrule Board. Whenever the Board is authorized
by this Declaration, the Bylaws, the Articles or otherwise to take action by simple majority
vote, any Board member may, before the close of the meeting at which the action is taken,
lodge an oral objection to the action. In that event, the objector shall have five business days
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following the meeting date to obtain and file with the secretary of the Board, or other
authorized Board officer, a written objection to the action signed by an Owner or Owners
having Unit ownership interests totaling over 50% of votes in the Association. During this
five-day period, the Board action shall be deemed suspended and shall have no legal effect. If
sufficient written objection is provided within the five-day period, the Board action shall be
thereby nullified. If sufficient written objection is not provided within the five-day period, or
if during that period the objector notifies the Board in writing that the objection is withdrawn,
the action shall automatically take effect.
Article 14. BUDGET AND ASSESSMENTS.
Section 14.1 Fiscal Year. The Board may adopt such fiscal year for the Association
as it deems to be convenient. Unless another year is adopted, the fiscal year will be the
calendar year.
Section 14.2 Preparation of Budget. Not less than 30 days before the end of the
fiscal year the Board shall prepare a budget for the Association for the coming year. In
preparing its budget the Board shall estimate the Common Expenses and Specially Allocated
Expenses of the Association to be paid during the year, make suitable provision for
accumulation of reserves, including amounts reasonably anticipated to be required for
maintenance, repair, and replacement of the Common Elements and the Limited Common
Elements, and shall take into account any surplus or deficit carded over from the preceding
year and any expected income to the Association. The Declarant shall prepare the initial
budget for the first fiscal year of the Association.
Section 14.3 Ratification of Budget. Within 30 days after adoption of any proposed
budget for the Condominium after the Transition Date, the Board shall provide a summary of
the budget to all the Owners and shall set a date for a meeting of the Owners to consider
ratification of the budget not less than 14 nor more than 60 days after mailing of the summary.
Unless at that meeting the Owners to which a majority of the votes in the Association are
allocated reject the budget, the budget is ratified, whether or not a quorum is present. In the
event the proposed budget is rejected or the required notice is not given, the periodic budget
last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a
subsequent budget proposed by the Board.
Section 14.4 Supplemental Budget. If during the year the budget proves to be
inadequate for any reason, including nonpayment of any Owner's Assessments, the Board
may prepare a supplemental budget for the remainder of the year. A supplemental budget
shall be subject to ratification by the Owners pursuant to Section 14.3.
Section 14.5 Common Expenses. It is expected that the only Common Expenses of
the Association to be allocated in accordance with Common Expense Liability will be the
(a) general overhead and management expenses of the Association, including management
and professional fees and costs, (b) cost of officers and directors liability and fidelity
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insurance, and (c) cost of operation, maintenance, repair, replacement and improvement of
the fire/life safety system for the Building.
Section 14.6 Specially Allocated Expenses. The following costs of the Association
shall be specially allocated to Units based on usage or benefit except as otherwise noted:
14.6.1 The cost of operation, casualty and liability insurance, maintenance,
repair, replacement and improvement of the following portions of the Building shall be
allocated to the Office Units in proportion to their Common Expense Liability:
14.6.1.1 The Office Levels, including the Office Limited Common
Elements, excluding only the Meeting Chambers and non-structural improvements within the
Office Units;
14.6.1.2 The walkways (other than the walkway on the eastern and
northern sides of the Building), driveways, landscaping, grounds of the Condominium, other
than the Limited Common Element driveway and parking area allocated to the Garage Unit.
14.6.2 The cost of operation, maintenance, repair, replacement and
improvement of the Meeting Chambers shall be allocated among the Office Units based on
usage;
14.6.3 The cost of maintenance, repair and replacement of the Garage
Levels shall be specially allocated among the Unit Owners as follows:
14.6.3.1 The cost of casualty and general liability insurance, repair
and replacement of the Garage Levels and the exterior walkway on the eastern and northern
sides of the Building shall be allocated 43.24% to the Garage Unit (which is the percentage
the floor area of the Garage Unit is to the total floor area of the Garage Levels) and 56.76% to
the Office Units in proportion to their Common Expense Liability;
14.6.3.2 Operation, security and maintenance of the Garage Unit
shall be the responsibility of the Owner of the Garage Unit;
14.6.3.3 Maintenance of the Office Limited Common Elements on
the Garage Levels shall be the responsibility of' the Association and allocated to the Office
Units in proportion to their Common Expense Liability;
14.6.4 The cost of maintenance, repair and replacement of the Limited
Common Elements allocated to the Garage Unit shall be allocated to or paid by the Owner of
the Garage Unit.
14.6.5 The Owner of the Garage Unit shall be responsible for the utilities
serving exclusively the Garage Unit and its Limited Common Elements. The cost of all other
utility services to the Building, other than those which are paid directly by the Unit Owner or
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which are submetered, shall be allocated to the Office Units in proportion to their Common
Expense Liability. The cost of any utilities which are submetered to a Unit shall be allocated
to that Unit in accordance with usage.
Section 14.7 Special Assessments. For those Common Expenses or Specially
Allocated Expenses which cannot reasonably be calculated and paid on a monthly basis, the
Board may levy special Assessments for such expenses against the Units, subject to
ratification by the Owners pursuant to Section 14.3. To the extent that any Common Expense
or Specially Allocated Expense is caused by the misconduct of an Owner or tenant of any
Unit, the Association may, after Notice and Opportunity to be Heard, levy a special
Assessment for the expense against the Unit.
Section 14.8 Creation of Reserves; Assessments. The Board shall create reserve
accounts for anticipated expenses for repairs, replacements, and improvements which will
occur in the future in order to accumulate sufficient funds to pay such expenses when they
occur. The operation of reserve accounts and Assessments for reserve accounts shall be
further governed by the Bylaws.
Section 14.9 Notice of Assessments. The Board shall notify each Owner in writing
of the amount of the monthly general and special Assessments to be paid for the Owner's Unit
and shall furnish copies of all budgets and Assessment schedules which apply to the Unit.
The Board shall furnish the same information to an Owner's mortgagee if so requested.
Section 14.10 Payment of Monthly Assessments. On or before the first day of each
calendar month, each Owner shall pay or cause to be paid to the treasurer or designated agent
of the Association all Assessments against the Unit for that month. Any Assessment not paid
by the tenth day of the calendar month for which it is due shall be delinquent and subject to
late charges, interest charges, and collection procedures as provided in Article 15.
Section 14.11 Proceeds Belong to Association. All Assessments and other receipts
received by the Association on behalf of the Condominium shall belong to the Association.
Section t4.12 Failure to Assess. Any failure by the Board or the Association to make
the budgets and Assessments hereunder before the expiration of any year for the ensuing year
shall not be deemed a waiver or modification in any respect of the provisions of this
Declaration, or a release of the Owners from the obligation to pay Assessments during that or
any subsequent year. The monthly Assessment amounts established for the preceding year
shall continue until new Assessments are established.
Section 14.13 Reconciliation of Assessments to Actual Expenses. The Association
shall establish and maintain its accounts and records in such a manner that will enable it to
credit Assessments for Common Expenses and Specially Allocated Expenses, including
allocations to reserves, and income to the Association to the account of the appropriate Units
and make its expenditures from the appropriate accounts. In order that the Unit Owners are
correctly assessed for the actual expenses of the Association, the accounts of the Association
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shall be reconciled at least annually; and any surpluses (or deficits) in the accounts shall be
credited to the benefit of or paid to (or charged to the account of or assessed against) the
Owners of the Units who paid the surplus (or owe the deficit).
Section 14.14 Certificate of Unpaid Assessments. Upon the request of any Owner or
Mortgagee of a Unit, the Board will furnish a certificate stating the amount, if any, of unpaid
Assessments charged to the Unit. The certificate shall be conclusive upon the Board and the
Association as to the amount of such indebtedness on the date of the certificate in favor of all
purchasers and mortgagees of the Unit who rely on the certificate in good faith. The Board
may establish a reasonable fee to be charged to reimburse it for the cost of preparing the
certificate.
Section 14.15 Recalculation of Assessments. If Common Expense Liabilities are
reallocated, Common Expense Assessments, Special Assessments, and any installment
thereof not yet due shall be recalculated in accordance with the reallocated liabilities.
Article 15. LIEN AND COLLECTION OF ASSESSMENTS.
Section 15.1 Assessments Are a Lien; Priority. Except for Units owned by a
governmental agency that are not subject to lien by law, the Association has a lien on a Unit
for any unpaid Assessment levied against a Unit from the t/me the Assessment is due. A lien
under this Article shall be prior to all other liens and encumbrances on a Unit except: (a) liens
and encumbrances recorded before the recording of this Declaration; (b) a mortgage on the
Unit recorded before the date on which the Assessment sought to be enforced became
delinquent, EXCEPT to the extent of Assessments for Common Expenses, excluding any
amounts for capital improvements, based on the periodic budgets adopted by the Association
pursuant to Article 14 which would have become due during the six months immediately
preceding the date of a sheriff's sale in an action for judicial foreclosure by either the
Association or a mortgagee, the date of a trustee's sale in a nonjudicial foreclosure of a
mortgage, or the date of recording of the declaration of forfeiture in a proceeding by the
vendor under a real estate contract, PROVIDED that the priority of the Association's lien
against Units encumbered by a mortgage held by an Eligible Mortgagee or by a mortgagee
which has given the Association a written request for a notice of delinquent Assessments shall
be reduced by up to three months if and to the extent that such lien priority includes any
delinquencies which relate to a period after such mortgagee becomes an Eligible Mortgagee
or has given such notice and before the Association gives such mortgagee a written notice of
the delinquency; and (c) liens for real property taxes and other governmental assessments or
charges against the Unit. Recording of this Declaration constitutes record notice and
perfection of the lien for Assessments; however, the Association may record a notice of claim
of lien for Assessments in the real property records of the county in which the Condominium
is located. Such recording shall not constitute the written notice of delinquency to a
mortgagee referred to above.
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Section 15.2 Lien May be Foreclosed; Judicial Foreclosure. The lien arising under
this Article may be enforced judicially by the Association or its authorized representative in
the manner set forth in RCW 61.12, or nonjudicially in the manner set forth in Section 15.3.
The Association or its authorized representative shall have the power to purchase the Unit at
the foreclosure sale and to acquire, hold, lease, mortgage, or convey the same. Upon an
express waiver in the complaint of any right to a deficiency judgment in a judicial foreclosure
action, the period of redemption shall be eight months. Nothing in this Section shall prohibit
the Association from taking a deed in lieu of foreclosure. Except as provided in the exception
to (b) in Section 15.1, the holder of a mortgage or other purchaser of a Unit who obtains the
right of possession of a Unit through foreclosure shall not be liable for any Assessments or
installments thereof that became due prior to such right of possession. Such unpaid
Assessments shall be deemed to be Common Expenses collectible from all the Owners,
including such mortgagee or other purchaser of the Unit. Foreclosure of a mortgage does not
relieve the prior Owner of personal liability for Assessments accruing against the Unit prior to
the date of such sale.
Section 15.3 Nonjudicial Foreclosure. A lien arising under this Article may be
foreclosed nonjudicially in the manner set forth in RCW 61.24 for nonjudicial foreclosure
deeds of trust. For the purpose of preserving the Association's nonjudicial foreclosure option,
this Declaration shall be considered to create a grant of each Unit in trust to Chicago Title
Insurance Company or its successors or assigns ("Trustee"), to secure the obligations of each
Unit Owner ("Grantor") to the Association ("Beneficiary") for the payment of Assessments.
Grantor shall retain the fight to possession of Grantor's Unit so long as Grantor is not in
default of an obligation to pay Assessments. The Trustee shall have a power of sale with
respect to each Unit, which becomes operative in the case of a default in a Grantor's
obligation to pay Assessments. The Units are not used principally for agricultural or farming
purposes. If the Association forecloses its lien nonjudicially pursuant to this Section, it shall
not be entitled to the lien priority over mortgages provided in exception (b) of Section 15.1.
Section 15.4 Receiver During Foreclosure. From the time of commencement of an
action by the Association to foreclose a lien for nonpayment of delinquent Assessments
against a Unit that is not occupied by the Owner thereof, the Association shall be entitled to
the appointment of a receiver to collect from the lessee thereof the rent for the Unit as and
when due. If the rent is not paid, the receiver may obtain possession of the Unit, refurbish it
for rental up to a reasonable standard for rental Units in this type of Condominium, rent the
Unit or permit its rental to others, and apply the rents first to the cost of the receivership and
attorney fees thereof, then to the cost of refurbishing the Unit, then to applicable charges, then
to costs, fees, and charges of the foreclosure action, and then to the payment of the delinquent
Assessments. Only a receiver may take possession and collect rents under this Section, and a
receiver shall not be appointed less than 90 days after the delinquency. The exercise by the
Association of the foregoing fights shall not affect the priority of preexisting liens on the Unit.
Section 15.5 Assessments Are Personal Obligation. In addition to constituting a lien
on the Unit, all sums assessed by the Association chargeable to any Unit, including all charges
provided in this Article, shall be the personal obligation of the Owner of the Unit when the
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Assessments are made. Suit to recover personal judgment for any delinquent Assessments
shall be maintainable without foreclosing or waiving the liens securing them.
Section 15.6 Extinguishment of Lien and Personal Liability. A lien for unpaid
Assessments and the personal liability for payment of Assessments is extinguished unless
proceedings to enforce the lien or collect the debt are instituted within three years after the
amount of the Assessments sought to be recovered becomes due.
Section 15.7 Joint and Several Liability. In addition to constituting a lien on the
Unit, each Assessment shall be the joint and several obligation of the Owner or Owners of the
Unit to which the same are assessed as of the time the Assessment is due. In a voluntary
conveyance, the grantee of a Unit shall be jointly and severally liable with the grantor for all
unpaid Assessments against the grantor up to the time of the grantor's conveyance, without
prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee
therefor. Suit to recover a personal judgment for any delinquent Assessment shall be
maintainable in any court of competent jurisdiction without foreclosing or waving the lien
securing such sums.
Section l5.8 Late Charges and Interest on Delinquent Assessments. The
Association may from time to time establish reasonable late charges and a rate of interest to
be charged on all subsequent delinquent Assessments or installments thereof. In the absence
of another established nonusurious rate, delinquent Assessments shall bear interest from the
date of delinquency at the maximum rate permitted under RCW 19.52.020 on the date on
which the Assessments became delinquent.
Section 15.9 Recovery of Attorney Fees and Costs. The Association shall be
entitled to recover any costs and reasonable attorney fees incurred in connection with the
collection of delinquent Assessments, whether or not such collection activities result in suit
being commenced or prosecuted to judgment. In addition, the Association shall be entitled to
recover costs and reasonable attorney fees if it prevails on appeal and in the enforcement of a
judgment.
Section 15.10 Security Deposit. An Owner who has been delinquent in paying his
monthly Assessments for three of the five preceding months may be required by the Board,
from time to time, to make and maintain a security deposit not in excess of three months'
estimated monthly Assessments, which shall be collected and shall be subject to penalties for
nonpayment as are other Assessments. The deposit shall be held in a separate fund, credited
to such Owner, and may be resorted to at any time when such Owner is 10 days or more
delinquent in paying Assessments.
Section 15.11 Remedies Cumulative. The remedies provided herein are cumulative
and the Board may pursue them, and any other remedies which may be available under law
although not expressed herein, either concurrently or in any order.
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Article 16. ENFORCEMENT OF DECLARATION, BYLAWS~ AND RULES AND
REGULATIONS.
Section 16.1 Rights of Action. Each Owner, the Board, and the Association shall
comply strictly with this Declaration, the Bylaws, and the rules and regulations adopted
pursuant thereto, as they may be lawfully amended from time to time, and the decisions of the
Board. Failure to comply with any of the foregoing shall be grounds for an action to recover
sums due, damages, and for injunctive relief, or any or all of them, maintainable by the Board
on behalf of the Association or by an Owner.
Section 16.2 Failure of Board to Insist on Strict Performance No Waiver. The
failure of the Board in any instance to insist upon the strict compliance with this Declaration
or the Bylaws or rules and regulations of the Association, or to exercise any right contained in
such documents, or to serve any notice or to institute any action, shall not be construed as a
waiver or a relinquishment for the future of any term, covenant, condition, or restriction. The
receipt by the Board of payment of an Assessment from an Owner, with knowledge of a
breach by the Owner, shall not be a waiver of the breach. No waiver by the Board of any
requirement shall be effective unless expressed in writing and signed for the Board. This
Article also extends to the Declarant.
Article 17. TORT AND CONTRACT LIABILITY.
Section 17.1 Association Liability. An action alleging a wrong done by the
Association must be brought against the Association and not against any Owner or any officer
or director of the Association. An Owner is not precluded from bringing an action
contemplated by this Section because he or she is a Unit Owner or a member or officer of the
Association.
Section 17.2 Limitation of Liability for Utility Failure, etc. Except to the extent
covered by insurance obtained by the Board, or following a judicial finding of fault, neither
the Association, the Board, nor the Declarant shall be liable for: the failure of any utility or
other service to be obtained and paid for by the Board; or for injury or damage to person or
property caused by the elements, or resulting from electricity, water, rain, dust, or sand which
may leak or flow from outside or from any parts of the Building, or from any of their pipes,
drains, conduits, appliances, or equipment, or from any other place; or for inconvenience or
discomfort resulting from any action taken to comply with any law, ordinance, or orders of a
governmental authority. No diminution or abatement of Assessments shall be claimed or
allowed for any such utility or service failure, or for such injury or damage, or for such
inconvenience or discomfort.
Section 17.3 No Personal Liability. So long as a Board member, Association
committee member, Association officer, or the Declarant has acted in good faith, without
willful or intentional misconduct, and upon the basis of such information as is then possessed
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by such person, no such person shall be personally liable to any Owner, or to any other
person, including the Association, for any damage, loss, or prejudice suffered or claimed on
account of any act, omission, error, or negligence of such person, provided that this Section
shall not apply when the consequences of such act, omission, error, or negligence is covered
by insurance obtained by the Board.
Article 18. INDEMNIFICATION.
Each Board member, Association committee member, Association officer and the
Declarant shall be indemnified by the Association against all expenses and liabilities, including
attorney fees, reasonably incurred by or imposed in connection with any proceeding to which
such person may be a party, or in wh/ch such person may become involved, by reason of holding
or having held such position, or any settlement thereof, whether or not such person holds such
position at the time such expenses or liabilities are incurred, except to the extent such expenses
and liabilities are covered by any type of insurance and except in such cases wherein such person
is adjudged guilty of willful misfeasance in the performance of such person's duties, provided,
that in the event of a settlement, the indemnification shall apply only when the Board approves
such settlement and reimbursement as being for the best interests of the Association.
Article 19. INSURANCE.
Section 19.1 General Requirements. Commencing not later than the time of the first
conveyance of a Unit to a person other than the Declarant, the Association shall maintain, to
the extent reasonably available, a policy or policies and bonds necessary to provide
(a) property insurance, (b) commercial general liability insurance, (c) fidelity insurance,
(d) worker's compensation insurance to the extent required by applicable laws, (e) directors
and officers liability insurance, and (f) such other insurance as the Board deems advisable.
The Board shall review at least annually the adequacy of the Association's insurance
coverage. All insurance shall be obtained from insurance carders that are generally
acceptable for similar projects, authorized to do business in the state of Washington, and meet
the specific requirements of Mortgagees regarding the qualifications of insurance carriers.
Section 19.2 Property Insurance; Deductible. The property insurance shall, at the
minimum and subject to such reasonable deductible as the Board may determine, provide All
Risks of Direct Physical Loss coverage in an amount equal to the full replacement cost of the
Common Elements and Limited Common Elements and personal property of the Association
with an "Agreed Amount Endorsement" and, if required by Morgagees, construction code
endorsements, such as a "Demolition Cost Endorsement," a "Contingent Liability from
Operation of Building Laws Endorsement," an "Increased Cost of Construction
Endorsement," and such other endorsements as Mortgagees deem necessary and are
reasonably available. The policy shall provide a separate loss payable endorsement in favor
of the Mortgagee of each Unit. The Association or insurance trustee, if any, shall hold
insurance proceeds in trust for the Owners and their Mortgagees, as their interests may
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appear. Each Owner and the Owner's Mortgagee, if any, shall be beneficiaries of the policy in
accordance with the interest in the Common Elements appertaining to the Owner's Unit.
Certificates of insurance shall be issued to each Owner and Mortgagee upon request. Each
Owner will be responsible for insuring all improvements within the Owner's Unit, except
those portions defined as Common Elements in Section 6.1.
Section 19.3 Commercial General Liability Insurance. The liability insurance
coverage shall insure the Board, the Association, the Owners, and the Declarant and cover all
of the Common Elements in the Condominium with a "Severability of Interest Endorsement"
or equivalent coverage which would preclude the insurer from denying the claim of an Owner
because of the negligent acts of the Association or of another Owner, and shall cover liability
of the insureds for property damage, bodily injury, and death of persons arising out of the
operation, maintenance, and use of the Common Elements, host liquor liability, employers'
liability insurance, automobile liability insurance, and such other risks as are customarily
covered with respect to commercial condominium projects of similar construction, location,
and use. The limits of liability shall be in amounts generally required by Mortgagees for
projects of similar construction, location and use but shall be at least $2,000,000 combined
single limit for bodily injury and property damage per occurrence and $4,000,000 general
aggregate.
Section 19.4 Insurance Trustee; Power of Attorney. The named insured under the
policies referred to in Section 19.2 and Section 19.3 shall be the Association, as trustee for
each of the Owners in accordance with their respective interests in the Common Elements.
The insurance proceeds may be made payable to any trustee with which the Association
enters into an insurance trust agreement, or any successor trustee, who shall have exclusive
authority to negotiate losses under the policies. Subject to the provisions of Section 19.8, the
proceeds must be disbursed first for the repair or restoration of the damaged property, and
Unit Owners and lienholders are not entitled to receive payment of any portion of the
proceeds unless there is a surplus of proceeds after the property has been completely repaired
or restored or the Condominium is terminated. Each Owner appoints the Association, or any
insurance trustee or successor trustee designated by the Association, as attorney-in-fact for the
purpose of purchasing and maintaining such insurance, including the collection and
appropriate disposition of the proceeds thereof, the negotiation of losses and execution of
releases of liability, the execution of all documents, and the performance of all other acts
necessary to accomplish such purposes.
Section 19.5 Additional Policy Provisions. The insurance obtained pursuant to
Section 19.2 and Section 19.3 shall contain the following provisions and limitations:
19.5.1 Each Unit Owner is an insured person under the policy with respect
to liability arising out of the Owner's interest in the Common Elements or membership in the
Association.
19.5.2 Such policies shall not provide for contribution by or assessment
against Mortgagees or become a lien on the property superior to the lien of a first mortgage.
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19.5.3 If, at the time of the loss under the policy, there is other insurance
in the name of the Unit Owner coveting the same risk covered by the policy, the Association's
policy provides primary insurance.
19.5.4 Coverage shall not be prejudiced by (a)any act, omission, or
neglect of the Owners of Units when such act or neglect is not within the scope of the Owner's
authority on behalf of the Association, or (b) failure of the Association to comply with any
warranty or condition with regard to any portion of the premises over which the Association
has no control.
19.5.5 A waiver of subrogation by the insurer as to any and all claims
against the Association, the Owner of any Unit, and/or their respective agents, members of the
Owner's household, employees, or lessees, and of any defenses based upon co-insurance or
upon invalidity arising from the acts of the insured.
19.5.6 A standard mortgagee clause which shall:
19.5.6.1 Provide that any reference to a mortgagee in the policy shall
mean and include all Mortgagees of any Unit or Unit lease or sublease in their respective
order of preference, whether or not named therein;
19.5.6.2 Provide that such insurance as to the interest of any
Mortgagee shall not be invalidated by any act or neglect of the Board or Owners or any
persons under any of them;
19.5.6.3 Waive any provision invalidating such mortgage clause by
reason of the failure of any Mortgagee to notify the insurer of any hazardous use or vacancy,
any requirement that the Mortgagee pay any premium thereon, and any contribution clause;
and
19.5.6.4 Provide that, without affecting any protection afforded by
such mortgagee clause, any proceeds payable under such policy shall be payable to the
Association or the insurance trustee.
Section 19.6 Fidelity Insurance. The required fidelity insurance shall afford
coverage to protect against dishonest acts on the part of officers, directors, trustees, and
employees of the Association and all other persons who handle or are responsible for handling
funds of or administered by, the Association. The Managing Agent shall maintain fidelity
insurance for its officers, employees, and agents who handle or who are responsible for
handling funds of, or funds administered by the Association. All such fidelity insurance shall
name the Association as an obligee and shall be not less than the estimated maximum of
funds, including reserve funds, in custody of the Association at any time during the term of
each policy, but, in no event, shall the aggregate amount of insurance be less than three
months' aggregate Assessments. The policy shall contain waivers of any defense based upon
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the exclusion of persons who serve without compensation from any definition of"employee"
or similar expression.
Section 19.7 Owners' Individual Insurance. Unless otherwise approved by the
Board, each Unit Owner shall maintain or cause to be maintained property insurance with
respect to the improvements and equipment within the Owner's Unit, except those portion
defined as Common Elements in Section 6.1, and those items for which the Unit Owner has
the responsibility to maintain, repair and replace under Section 9.5 to the extent not covered
by the Association's policy and maintain, or cause to be maintained, public liability insurance
meeting with respect to the Owner's Unit. Unit Owners and their tenants shall be responsible
for insuring their own contents and other personal property. Insurance obtained by the
Association shall not prevent an Owner from obtaining insurance for the Owner's own
benefit.
Section 19.8 Use of Insurance Proceeds. Any portion of the Condominium for
which the Association is required to obtain insurance under this Article which is damaged or
destroyed shall be repaired or replaced promptly by the Association pursuant to Article 20
unless: (a) the Condominium is terminated; (b) repair or replacement would be illegal under
any state or local health or safety statute or ordinance; or (c) Owners holding at least 80% of
the votes in the Association, including every Owner of a Unit or Limited Common Element
which will not be rebuilt, vote not to rebuild. The cost of repair or replacement of such
damaged or destroyed portion of the Condominium which exceeds available insurance
proceeds and reserves shall be allocated to the Unit Owner or Owners responsible for repair or
replacement of that portion of the Condominium pursuant to Section 14.6. The Unit Owner
shall be responsible for repair or replacement of any damaged or destroyed improvements
within the Owner's Unit. If all of the damaged or destroyed portions of the Condominium for
which the Association is required to obtain insurance are not repaired or replaced: (i) The
insurance proceeds attributable to the damaged Common Elements shall be used to restore the
damaged area to a condition compatible with the remainder of the Condominium; (ii)the
insurance proceeds attributable to Units and Limited Common Elements which are not rebuilt
shall be distributed to the Owners of those Units and the Owners of the Units to which those
Limited Common Elements were allocated, or to lienholders, as their interests may appear;
and (iii)the remainder of the proceeds shall be distributed to all the Unit Owners or
lienholders, as their interests may appear, in proportion to the Interest in Common Elements
of each Unit. If the Unit Owners vote not to rebuild any Unit, that Unit's Allocated Interests
are automatically reallocated upon the vote as if the Unit had been condemned under Article
21, and the Association promptly shall prepare, execute, and record an amendment to this
Declaration reflecting the reallocations. Notwithstanding the provisions of this Section,
Article 25 governs the distribution of insurance proceeds if the Condominium is terminated.
Article 20. DAMAGE AND REPAIR OR DAMAGE TO PROPERTY.
Section 20.1 Initial Board Determination. In the event of damage to any Common
Element or to any portion of a the Condominium covered by the Association's insurance
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policy, the Board shall promptly, and in all events within 60 days after the date of damage,
make the following determinations with respect thereto, employing such advice as the Board
deems advisable:
20.1.1 The nature and extent of the damage, together with an inventory of
the improvements and property directly affected thereby.
20.1.2 A reasonably reliable estimate of the cost to repair the damage,
which estimate shall, if reasonably practicable, be based upon two or more firm bids obtained
from responsible contractors.
20.1.3 The expected insurance proceeds, if any, to be available from
insurance covering the loss based on the amount paid or initially offered by the insurer.
20.1.4 The amount of available reserves or other Association funds,
although the Board is not required to use any reserves or other Association funds; and
20.1.5 The amount, if any, by which the estimated cost of repair exceeds
expected insurance proceeds and available reserves or other Association funds and the amount
of the Assessments that would have to be made against each Unit to cover the excess costs.
Section 20.2 Notice of Damage. The Board shall promptly, and in all events within
60 days after the date of damage, file a proof of loss statement with the insurance company if
the loss is covered by insurance and abide by all terms and conditions of its insurance
policies, unless the Board determines it would not be in the best interest of the Association to
file a proof of loss. The Board shall then provide each Owner with a written notice describing
the damage and summarizing the initial Board determinations made under Section 20.1. If the
damage affects a material portion of the Condominium, the Board shall also send the notice to
each Mortgagee; and if the damage affects a Unit, the Board shall send the notice to the
Mortgagee of that Unit. If the Board fails to do so within the 60-day period, any Owner or
Mortgagee may make the determinations required under Section 20.1 and give the notice
required under this Section.
Section 20.3 Definitions: Damage~ Substantial Damage, Repair, Emergency Work.
As used in this Article:
20.3.1 Damage shall mean all kinds of damage, whether of slight degree or
total destruction.
20.3.2 Substantial Damage shall mean that the estimated Assessment
determined under Subsection 20.1.5 for any one Unit exceed 10% of the full, fair market
value of the Unit before the damage occurred, as determined by the then current assessment
for the purpose of real estate taxation.
20.3.3 Repair shall mean restoring the improvements to substantially the
condition they were in before they were damaged, with each Unit and the Common Elcnnents
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having substantially the same boundaries as before. Modifications to conform to applicable
governmental rules and regulations or available means of construction may be made.
20.3.4 Emergency Work shall mean work that the Board deems reasonably
necessary to avoid further damage or substantial diminution in value to the improvements and
to protect the Owners from liability from the condition of the site.
Section 20.4 Execution of Repairs.
20.4.1 The Board shall promptly repair the damage and use the available
insurance proceeds therefor as provided in Section 19.8. If the cost of repair exceeds the
anticipated insurance proceeds and available reserves or other Association funds, the Board
shall impose Assessments against all Units in proportion to their Common Expense Liabilities
in an aggregate amount sufficient to pay the excess costs.
20.4.2 The Board shall have the authority to employ architects and
engineers, advertise for bids, let contracts to contractors and others, and take such other action
as is reasonably necessary to make the repairs. Contracts for the repair work shall be awarded
when the Board, by means of insurance proceeds and sufficient Assessments, has provided for
paying the cost. The Board may authorize the insurance cartier to make the repairs if the
Board is satisfied that the work will be done satisfactorily, and if such authorization does not
contravene any insurance trust agreement or requirement of law.
20.4.3 The Board may enter into a written agreement with a reputable
financial institution, trust, or escrow company in which that institution or company shall act
as an insurance trustee to adjust and settle any claim for casualty loss in excess of $50,000, or
shall collect the insurance proceeds and carry out the provisions of this Article.
Section20.5 Damage Not Substantial. If the damage as determined under
Subsection 20.3.2 is not substantial, the provisions of this Section shall apply.
20.5.1 Either the Board or the requisite number of Owners, within 15 days
after the notice required under Section 20.2 has been given, may but shall not be required to
call a special Owners' meeting in accordance with Section 12.4 and the Bylaws to decide
whether to repair the damage.
20.5.2 Except for emergency work, no repairs shall be commenced until
after the 15-day period and until after the conclusion of the special meeting if such a special
meeting is called within the 15 days.
20.5.3 A decision to not repair or rebuild may be made in accordance with
Section 19.8.
Section 20.6 Substantial Damage. If the damage determined under Subsection
20.3.2 is substantial, the provisions of this Section shall apply.
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20.6.1 The Board shall promptly, and in all events within 60 days after the
date of damage, call a special Owners' meeting to consider repairing the damage. If the Board
fails to do so within 60 days, then notwithstanding the provisions of Section 12.4 and the
Bylaws, any Owner or first mortgagee of a Unit may call and conduct the meeting.
20.6.2 Except for emergency work, no repairs shall be commenced until
the conclusion of the special Owners' meeting.
20.6.3 At the special meeting, the following consent requirements will
apply:
20.6.3.1 The Owners shall be deemed to have elected to repair the
damage in accordance with the original plan unless the Owners of at least 80% of the total
voting power of the Condominium other than that held by the Declarant, including every
Owner of a Unit which will not be rebuilt and every Owner of a Unit to which a Limited
Common Element which will not be rebuilt is allocated, have given their written consent not
to repair the damage.
20.6.3.2 The unanimous consent of all Owners will be required to
elect to rebuild in accordance with a plan that is different from the original plan.
20.6.3.3 In addition to the consent by the Owners specified above,
any election not to repair the damage or not to rebuild substantially in accordance with the
original plan will require the approval of eligible holders of first mortgages on Units that have
at least 51% of the votes subject to eligible holder mortgages.
20.6.3.4 Failure to conduct the special meeting provided for under
Subsection 20.6.1 within 90 days after the date of damage shall be deemed a unanimous
decision to repair the damage in accordance with the original plan.
Section 20.7 Effect of Decision Not to Repair. In the event of a decision under
either Subsection 20.5.3 or Subsection 20.6.3 not to repair the damage, the Board may
nevertheless expend so much of the insurance proceeds and common funds as the Board
deems reasonably necessary for emergency work (which emergency work may include but is
not necessarily limited to removal of the damaged improvements and clearing, filling, and
grading the land), and the remaining funds, if any, and the property shall thereafter be held
and distributed as provided in Section 19.8.
Article 21. CONDEMNATION.
Section21.1 Consequences of Condemnation; Notices. If any Unit or portion
thereof or the Common Elements or Limited Common Elements or any portion thereof is
made the subject matter of any condemnation or eminent domain proceeding or is otherwise
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sought to be acquired by a condemning authority, notice of the proceeding or proposed
acquisition shall promptly be given to each Owner and Mortgagee and the provisions of this
Article shall apply.
Section 21.2 Power of Attorney. Each Owner appoints the Association as attorney-
in-fact for the purpose of representing the Owners in condemnation proceedings and
negotiations, settlements and agreements with the condemning authority for acquisition of
Common Elements or any part thereof, from the condemning authority. The Board may
appoint a trustee to act on behalf of the Owners in carrying out the foregoing functions in lieu
of the Association. Should the Association not act, based on their right to act pursuant to this
Section, the affected Owners may individually or jointly act on their own behalf.
Section 21.3 Condemnation of a Unit. If a Unit is acquired by condemnation, or if
part of a Unit is acquired by condemnation leaving the Unit Owner with a remnant of a Unit
which may not practically or lawfully be used for any purpose permitted by this Declaration,
the award must compensate the Owner for the Owner's Unit and its appurtenant interest in the
Common Elements, whether or not any Common Elements are acquired. The proceeds from
the condemnation of a Unit shall be paid to the Owner or lienholder of the Unit, as their
interests may appear. Upon acquisition, unless the decree otherwise provides, that Unit's
Allocated Interests are automatically reallocated to the remaining Units in proportion to the
respective Allocated Interests of those Units before the taking, and the Association shall
promptly prepare, execute, and record an amendment to this Declaration reflecting the
reallocations. Any remnant of a Unit remaining after part of a Unit is taken under this Section
is thereafter a Common Element.
Section 21.4 Condemnation of Part of a Unit. Except as provided in Section 21.3, if
part of a Unit is acquired by condemnation, the award must compensate the Unit Owner for
the reduction in value of the Unit and its appurtenant interest in the Common Elements,
whether or not any Common Elements are acquired. The proceeds from the condemnation
awarded to the Unit Owner shall be paid to the Owner or lienholders of the Unit, as their
interests may appear. Upon acquisition, unless the decree otherwise provides, (a) that Unit's
Allocated Interests are reduced in proportion to the reduction in the size of the Unit and
(b) the portion of the Allocated Interests divested from the partially acquired Unit are
automatically reallocated to that Unit and the remaining Units in proportion to the respective
Allocated Interests of those Units before the taking, with the partially acquired Unit
participating in the reallocation on the basis of its reduced Allocated Interests.
Section 21.5 Condemnation of Common Element or Limited Common Element. If
part of the Common Elements is acquired by condemnation, the portion of the award
attributable to the Common Elements taken shall be paid to the Owners based on their
respective interests in the Common Elements, or to lienholders, as their interests may appear.
Any portion of the award attributable to the acquisition of a Limited Common Element must
be equally divided among the Owners of the Units to which that Limited Common Element
was allocated at the time of the acquisition, or to lienholders, as their interests may appear. If
the Board determines that a particular Owner's interest in the Common Elements diminished
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with respect to other Owners, by the acquisition of a Common Element, the Declaration may
be amended to adjust that Owner's Common Expense Liability allocation, or to remove the
allocation ora Limited Common Element to that Owner's Unit, as the case may be.
Section 21.6 Reconstruction and Repair. Any reconstruction and repair necessitated
by condemnation shall be governed by the procedures specified in Article 20.
Article 22. EASEMENTS.
Section 22.1 In General. Each Unit has a non-exclusive easement in and through
each other Unit and the Common and Limited Common Elements for all support elements and
utility, wiring, heat, and service elements, and for reasonable access thereto, as required to
effectuate and continue proper operation of the Condominium as set forth herein.
Section 22.2 Encroachments. To the extent not provided by the definition of "Unit"
in the Declaration and in the Condominium Act, each Unit and all Common and Limited
Common Elements are hereby declared to have an easement over all adjoining Units and
Common and Limited Common Elements for the purpose of accommodating any present or
future encroachment as a result of engineering errors, construction, reconstruction, repairs,
settlement, shifting, or movement of any portion of the property, or any other similar cause,
and any encroachment due to building overhang or projection. There shall be valid easements
for the maintenance of the encroaching Units and Common and Limited Common Elements
so long as the encroachments shall exist, and the fights and obligations of Owners shall not be
altered in any way by the encroachment, provided, however, that in no event shall a valid
easement for encroachment be created in favor of a Unit if the encroachment was caused by
the willful act with full knowledge of the Owner. The encroachments described in this
Section shall not be construed to be encumbrances affecting the marketability of title to any
Unit.
Section22.3 Easement Specifically Reserved by the Declarant. The Declarant
reserves an access easement over, across, and through the Common Elements of the
Condominium for the purpose of completing any unfinished Units or other improvements,
exhibiting and preparing Units for sale, making repairs required pursuant to any contract of
sale, and discharging the Declarant's obligations or exercising Special Declarant Rights.
Section 22.4 Utility Easements Granted by the Declarant. The Declarant reserves
the right to grant to each company or municipality providing utility services to the
Condominium or to the Units in the Condominium an easement for the installation,
construction, maintenance, repair, and reconstruction of all utilities serving the Condominium
or the Owners, including, without limitation, such utility services as water, sanitary sewer,
storm sewer, electricity, cable television, and telephone, and an easement for access over and
under the Common Elements of the Condominium to the utility service facilities.
09/29/04 12:16 PM -3 1 -
Council memo
Section 22.5 Emergency Easement for Garage Unit. The Owner of the Garage Unit
and its tenants, employees, agents and invitees shall have any an easement for ingress and
egress in case of emergency over, across and through the stairways, elevators, corridors and
lobbies of the Building and sidewalks and grounds of the Condominium.
Article 23. PROCEDURES FOR SUBDIVIDING OR ALTERING UNITS.
Section23.1 Subdivision of Units. Units shall not be subdivided either by
agreement or legal proceedings, except as provided in this Article.
23.1.1 An Owner may propose subdividing the Owner's Unit by
submitting the proposal in writing to all other Owners and Mortgagees of the Unit to be
subdivided, and to the Board. The proposal must include complete plans and specifications
for accomplishing the subdivision and proposed amendments of this Declaration and the
Survey Map and Plans which amendments shall be executed by the Owner or Owners of the
Unit to be subdivided upon the approval of the Mortgagees of the Unit and the Board. The
amendments shall assign an identifying number to each Unit created, and reallocate the
Allocated Interests and liabilities formerly allocated to the subdivided Unit to the new
subdivided Unit. The Board may not withhold its approval unless it determines that the
structural integrity of the Building would be adversely affected by the proposed subdivision.
The Owner of the Unit to be subdivided shall bear all costs of the subdivision.
23.1.2 This Article shall not restrict the right of the Owner of a Unit to
make such changes as the Owner deems necessary or appropriate to partition the Unit in
connection with the leasing thereof, provided that the prior written approval of the Board shall
be obtained before any work affecting the structural integrity of the Building is undertaken.
Section 23.2 Minor Alterations; Hard Surface Flooring. No Unit may be altered in
any way except in accordance with this Article. An Owner may make any improvements or
alterations to the Owner's Unit that do not change the structural walls, affect the structural
integrity or mechanical or electrical systems or lessen the support of any portion of the
Condominium. An Owner may not change the appearance of the Common Elements or the
exterior appearance of a Unit without permission of the Association pursuant to the
procedures of Section 23.4.
Section 23.3 Adjoining Units. After acquiring an adjoining Unit or an adjoining part
of any adjoining Unit, an Owner may, with approval of the Board pursuant to Section 23.4,
remove or alter any intervening partition or create apertures therein, even if the partition in
whole or in part is a Common Element, if those acts do not adversely affect the structural
integrity or mechanical or electrical systems or lessen the support of any portion of the
Condominium. Removal of partitions or creation of apertures under this subsection is not a
relocation of boundaries. The Owner's proposal to act under this Section shall be submitted
to the Board and shall include the plans and specifications for the proposed removal or
alteration.
09/29/04 12:16 PM -32-
Council memo
Section23.4 Substantial Alteration. A proposal that contemplates substantial
alteration of one or more Units is subject to approval by the Board. The Board shall approve
an Owner's request under this Section within 30 days of receipt of plans and specifications,
unless the proposed alteration does not comply with Section 23.3 or impairs the structural
integrity or mechanical or electrical systems in the Condominium. The Board may also
retain, at the Owner's expense, an architect or engineer to review the plans and require
evidence satisfactory to it that all permits necessary for the work have been obtained. The
failure of the Board to act upon a request within such period shall be deemed approval
thereof. The Board may establish reasonable hours and conditions for performance of work
within Units.
Section 23.5 Procedure After Approval. Upon approval of a proposal under this
Article, the Owner making it may proceed according to the proposed plans and specifications;
provided that the Board may in its discretion require that the Board administer the work or
that provisions for the protection of other Units or Common Elements or that reasonable
deadlines for completion of the work be inserted in the contracts for the work. The changes in
the Survey Map Plans and Declaration shall be placed of record as amendments thereto.
Section 23.6 Relocation of Boundaries -- Adioining Units. The boundaries between
adjoining Units may only be relocated by an amendment to the Declaration upon application
to the Board by the Owners of those Units. If the Owners of the adjoining Units have
specified a reallocation between their Units of their Allocated Interests, the application must
state the proposed reallocations. Unless the Board determines within 30 days, that the
reallocations are unreasonable, the Association shall prepare an amendment that identifies the
Units involved, states the reallocations, is executed by the Unit Owners, contains words of
conveyance between them, and is recorded in the name of the grantor and the grantee. The
Association shall obtain and record survey maps or plans complying with the requirements of
RCW 64.34.232(4) necessary to show the altered boundaries between adjoining Units and
their dimensions and identifying numbers. The Owner or Owners benefited by a reallocation
of Unit boundaries shall bear all costs associated therewith in proportion to the relative
benefits to each such Unit as determined by the Board or as the Owners of such Units agree.
Article 24. AMENDMENT OF DECLARATION SURVEY MAP AND PLANS,
ARTICLES, OR BYLAWS
Except in cases of amendments that may be executed by the Declarant under the
Declaration or the Condominium Act, the Declaration, the Survey Map and Plans, the Articles
and the Bylaws may be amended only with the approval of Owners holding 67% of the voting
power in the Association and, if the amendment would have an effect on the Garage Unit, the
approval of the Owner of the Garage Unit. In addition, the approval of Eligible Mortgagees of
Units to ~vhich 51% of the votes allocated to Units subject to Mortgages held by Eligible
Mortgagees are allocated shall be required for any amendment to the Declaration, Survey Map
and Plans, Articles or Bylaws for which notice to Eligible Mortgagees is required under Section
09/29/04 12:16 PM -33-
Coancil memo
26.2. An Owner or a Board member may propose amendments to this Declaration or the Survey
Map and Plans, the Articles or the Bylaws to the Board. With the approval of the Board, the
proposed amendment shall be submitted to the members of the Association for their
consideration. Amendments may be adopted at a meeting of the Association or by written
consent of the requisite number of persons entitled to vote, after notice has been given to all
persons entitled to receive notices. The notice of a meeting at which an amendment is to be
considered shall include the text of the proposed amendment. Upon the adoption of an
amendment to the Declaration or the Survey Map and Plans, it shall become effective when it is
recorded or filed in the real property records in the county in which the Condominium is located.
The amendment shall be indexed in the name of the Condominium and shall contain a cross-
reference by recording number to the Declaration and each previously recorded amendment
thereto. Such amendments shall be prepared, executed, recorded and certified on behalf of the
Association by any officer of the Association designated for that purpose or, in the absence of
designation, by the president of the Association. No action to challenge the validity of an
amendment adopted by the Association pursuant to this Article may be brought more than one
year after the amendment is recorded. An amendment to the Articles shall be effective upon
filing the amendment with the Secretary of State. An amendment to the Bylaws shall be
effective upon adoption. No amendment may restrict, eliminate, or otherwise modify any
Special Declarant Right provided in the Declaration without the consent of the Declarant and
any Mortgagee of record with a security interest in the Special Declarant Right or in any real
property subject thereto, excluding Mortgagees of Units owned by persons other than the
Declarant.
Article 25. TERMiNATION OF CONDOMiNIUM.
Section 25.1 Action Required. Except as provided in Article 20 and Article 21, the
Condominium may be terminated only by unanimous written consent or agreement of the
Owners of all Units and the consent of Eligible Mortgagees of Units to which 51% of the votes
allocated to Units subject to Mortgages held by Eligible Mortgagees are allocated and in
accordance with the Condominium Act. An Eligible Mortgagee who receives a written
request to consent to termination who does not deliver or post to the requesting patty a
negative response within 30 days shall be deemed to have consented to such request, provided
the request was delivered by certified or registered mail, return receipt requested.
Section 25.2 Condominium Act Governs. The provisions of the Condominium Act
relating to termination of a condominium contained in RCW 64.34.268, as it may be
amended, shall govern the termination of the Condominium, including, but not limited to, the
disposition of the real property in the Condominium and the distribution of proceeds from the
sale of that real property.
09/29/04 12:16 PM -34-
Council memo
Article 26. NOTICES.
Section 26.1 Form and Delivery of Notice. Unless provided otherwise in this
Declaration, all notices given under the provisions of this Declaration or the Bylaws or rules
or regulations of the Association shall be in writing and may be delivered either personally or
by mail. If delivery is made by mail, the notice shall be deemed to have been delivered upon
being deposited in the United States mail, first class, postage prepaid, addressed to the person
entitled to such notice at the most recent address known to the Board. Notice to the Owner of
any Unit shall be sufficient if mailed to the Unit if no other mailing address has been given to
the Board. Mailing addresses may be changed by notice in writing to the Board. Notices to
the Board shall be given to the Declarant until the Transition Date, and thereafter shall be
given to the president or secretary of the Association.
Section 26.2 Notices to Eligible Mortgagees. An Eligible Mortgagee is a Mortgagee
that has filed with the secretary of the Board a written request that it be given copies of the
notices listed below. The request must state the name and address of the Eligible Mortgagee
and the Identifying Number or address of the Unit on which it has (or insures or guarantees) a
Mortgage. Until such time thereafter that the Eligible Mortgagee withdraws the request or the
mortgage held, insured, or guaranteed by the Eligible Mortgagee is satisfied, the Board shall
send to the Eligible Mortgagee timely written notice of (a) any proposed amendment of the
Declaration or Survey Map and Plans effecting a change in (i) the boundaries of any Unit,
(ii) the exclusive easement rights, if any, appertaining to any Unit, (iii) the interest in the
Common Elements or the liability for Common Expenses of any Unit, (iv) the number of
votes in the Association allocated to any Unit, or (v)the purposes to which a Unit or the
Common Elements are restricted; (b)any proposed termination of condominium status,
transfer of any part of the Common Elements, or termination of professional management of
the Condominium; (c) any condemnation loss or casualty loss that affects a material portion
of the Condominium or that affects any Unit on which an Eligible Mortgagee has a first
mortgage; (d)any delinquency which has continued for 60 days in the payment of
Assessments or charges owed by an Owner of a Unit on which an Eligible Mortgagee had a
mortgage; (e)any lapse, cancellation, or material modification of any insurance policy
maintained by the Association pursuant to Article 19; (f)any proposed action that would
require the consent of a specified percentage of Eligible Mortgagees pursuant to Article 20,
Article 23, or Article 24.
Article 27. SEVERABILITY.
The provisions of this Declaration shall be independent and severable, and the
unenfomeability of any one provision shall not affect the enforceability of any other provision, if
the remaining provision or provisions comply with the Condominium Act.
09/29/04 12:16 PM -3 5 -
Council memo
Article 28. EFFECTIVE DATE.
This Declaration shall take effect upon recording.
Article 29. REFERENCE TO SURVEY MAP AND PLANS.
The Survey Map and Plans were filed with the Auditor of Kitsap County, Washington,
simultaneously with the recording of this Declaration under File No. , in
Volume __ of Condominiums, pages __ through __
Article 30. ASSIGNMENT BY DECLARANT.
The Declarant reserves the right to assign all or any of its fights, duties, and obligations
created under this Declaration, subject to the advance written approval of the Board, which
approval shall not be unreasonably withheld.
DATED: _,
KITSAP COUNTY CONSOLIDATED
HOUSING AUTHORITY
By
Its Executive Director
STATE OF WASHINGTON )
) SS.
COUNTY OF KITSAP )
I certi~ that I know or have satisfactory evidence that Norman S. McLough/in signed this
instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the
Executive Director of KITSAP COUNTY CONSOLiDATED HOUSING AUTHORITY to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated ttfis day of
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the state of Washington,
residing at
My appointment expires
09/29/04 12:16 PM -36-
Council memo
SCHEDULE A
BREMERTON GOVERNMENT CENTER
A CONDOMiNIUM
Description of Land
LOTS 4 THROUGH 11 AND THE WEST HALF OF LOT 12; LOTS 33 THROUGH 38
AND LOT 39, EXCEPT THE EAST 22 FEET; LOTS 40 THROUGH 45; ALL IN BLOCK
5, TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF
PLATS, PAGE 30, IN KITSAP COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED ALLEY REMAINDER TO SUCH
LOTS AS GRANTED IN CITY OF BREMERTON ORDINANCE NO. 3695 AND 4854,
RECORDED UNDER AUDITOR'S FILE NO. 8204300079 AND 200307210 147;
TOGETHER WITH THAT PORTION OF PROPOSED VACATED ALLEY SITUATED IN
FRONT OF AND ADJACENT TO LOTS 9, 10, 11, 12, 33, 34, 35, 36, 37, 38 AND 39
DESCRIBED HEREIN;
AND TOGETHER WITH A RECIPROCAL EASEMENT FOR PEDESTRIAN INGRESS
AND EGRESS AS DESCRIBED IN INSTRUMENT RECORDED UNDER AUDITOR'S
FILE NUMBER 200303210071
09/29/04 12:16 PM
50343937.09
SCHEDULE B
BREMERTON GOVERNMENT CENTER
A CONDOMiNIUM
Unit Data; Allocated Interests
Unit Level Area Allocated
Interests1/
Garage P2 30,381 7.00
1 1 4,389 6.70
2 2 4,477 6.83
3 3 13,427 20.49
4A 4 10,922 16.67
4B 4 2,049 3.12
5A 5 1,997 3.05
5B 5 4,621 7.05
5C 5 3,972 6.91
5D 5 2,044 3.11
6 6 13,141 19.07
TOTALS 100.00
l/For the purposes of interest in Common Elements, Common Expense Liability and voting,
allocations are based on the formulas provided in Section 5.4.
09/29/04 12:16 PM
50343937.09
SCHEDULE C
BREMERTON GOVERNMENT CENTER
A CONDOMINIUM
Limited Common Elements
1. The Limited Common Elements allocated to the Office Units jointly (the Office Limited
Common Elements) are as follows:
1.1 The lobbies, corridors and stairways on the Office Levels of the Building.
1.2 The elevators in the Building.
1.3 The grounds, walkways, driveways and parking areas of the Condominium,
except the walkway along the western side of the Building and the Limited
Common Element driveway, trash collection area and parking areas allocated to
the Garage Unit.
1.4 Parking level P 1 and the loading dock.
1.5 Any other areas shown as Office Limited Common Element (OLCE) on the
Survey Map and Plans.
2. The Limited Common Elements allocated to the Garage Unit are the driveway, trash
collection area and parking spaces on the west side of the Building, as shown on the Survey Map
and Plans.
09/29/04 12:16 PM
5034393709
DATE SUBMITTED: September 2, 2004 BILL
AGENDA BILL
ClTY OF B REMERTO N
CITY COUNCIL
SUBJECT: U.S. Department of Justice Committee Meeting Date: September 29, 2004
Local Law Enfomement Block Grant COUNCIL MEETING Date: October 6, 2004
(LLEBG) FY 2004 Department: Police
Presenter: Tim Sholtis
Phone: 473-5277
SUMMARY: The Department of Justice awarded the City of Bremerton $26,402.00 through the
LLEBG formula program. The City has a cash match of $2,934.00 over the grant period October 1,
2004 to September 30, 2006. The funding is used towards the purchase of police vehicles.
ATTACHMENTS: Award message and grant documentation.
FISCAL IMPACTS (Include Budgeted Amount): The matching funds will be requested to be put in
the 2005 budget.
APPROVALS:
DEPARTMENT DIRECTOR: ~,~
CITY ATTORNEY: '-.,.,~-~_ ·
FINANCE
DIRECTOR:
MAYOR:
FISCAL/BUDGET:
CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve and accept this Local Law Enforcement Block
Grant for $26,402.00, subject to the special conditions and terms for grant administration.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
15
O U.S. Department of Justice
Office of Justice Prograrns
Bureau of Justice Assistance
Office oft. he Director Washington, D.C. 20531
July 20, 2004
Mt. Bozeman
Mayor, Bremerton City
239 4th Street
Bremerton, WA 98337-1812
RE: Fiscal Year 2004 Local Law Enforcement Block Grants Program
Dear Mr. Bozeman:
I am pleased to inform you that I have approved the application for funding under the
Bt~reau of Justice Assistance's (BJA) Fiscal Year 2004 Local Law Enforcement Block
Grants (LLEBG) Program in the amount of $26,402 for Bremerton City.. The purpose of the
LLEBG Program is to reduce crime and improve public safety. This Block Grant Award may
be used for any of the purpose areas described in the statute.
Enclosed you will find the Grant Award and Special Conditions documents. If you have any
pro~arranatic questions regarding this award, please contact BJA's Programs Office at
(202) 514-6638. In addition, all financial questions regarding this award should be
d~ected to the Office of the Comptrcller; Customer Service Division at (800) 458-0786.
I look forward to a continuing partnership with Bremarton City in furtherance of this
important criminal justice program.
Sincerely yours,
Domingo S. Herm/z
Director
Attachments
U.S. D£PARTM~NT OF ~USTICE AWARD
OFFICE OF JUSTICE PROGRAMS
CH]ECK APPROPKIATE BOX
[
17
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services Committee Meeting Date: September 29, 2004
Agreemem for Technical Systems, Inc. COUNCIL MEETING Date: October 6, 2004
Department: Public Works/Utilities
Presenter: Kathleen Cahall
Phone: 473-2315
SUMMARY: The Bremerton water system has a sophisticated computer system that provides
controls, security, and alarms for water sources, treatment, and distribution. This system is comprised
of many individual control units, data inputs, and alarms. The Utility is in the final stages of
converting the telephone system to a radio system and will continue upgrading the control and
security of the water system. Technical Services, Inc. has performed much of the integration of this
system and is well-qualified and skilled in this type of technical work. This contract would provide
on-call service, design, programming, training, and other services as needed by the Water Utility, not
to exceed $40,000 per year.
ATTACHMENTS: Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): This work is budgeted in the Water Utility fund
under Water Resources operation and maintenance.
DEpAPPROVALS:ARTMENT ; '~'~~//'/~-~" ' '
DIRE CT O1~"~..2-~~/~ '- '~.~_._~ ____~ ~- ~
CITY AT TOKNEY: c,, ~,~. ~--'~'~---'~ v--~ --->
FISCAL/BUDGET:
CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: I move to approve the professional services agreement with
Techical Services, Inc. not to exceed $40,000 per year and authorize the Mayor to finalize and execute
the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
18
PROFESSIONAI J SERVICES AGREEMENT
Water System SCADA Services
The City of Bremerton ("City") and Technical Systems, Inc. ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work attached hereto as Exhibit A, which is incorporated by reference herein. The
Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope
of Work provides for unspecified additional services such services shall only be performed upon
the express written request of the City. Consultant further represents that the services furnished
under this Agreement will be performed in accordance with generally accepted professional
practices in effect at the time such services are performed.
H. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement.
Jill. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $40,000 per calendar year. Consultant's
charges and bills shall conform to the fee schedule contained in section 7 of Exhibit A and
incorporated herein by this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereo£ The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit A.
Consukant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit A. Consultant will supply a list of fees for the next year by November 15 of the previous
year.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
BremertordTSI
2004 SCADA Services
Page 1 of 12
OSl lt ,
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insuranoe
are available fi.om the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and erfforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising fi.om the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSLrRA_NCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consukant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Bremerton/TSI
2004 SCADA Services
Page 2 of 12
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilit3' insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and
3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurers liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mall, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
Bremerton/TSI
2004 SCADA Services
Page 3 of 12
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Lyrmwood, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this A4greement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Consultant to Maintain Records to Support Independent Consultant Status: On the
effective date of this Agreement (or shortly thereafter), Consultant shall:
1. File a schedule of expenses with the Internal Revenue Service for the type of
business Consultant conducts;
2. Establish an account with the Washington State Department of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by
employers, register to receive a unified business identifier number from the State
of Washington; and
3. Maintain a separate set of books and records that reflect all items of income and
expenses of Consultant's business, all as described in the Revised Code of
Washington (RCW) Section 51.08.195, as required to show that the services
performed by Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties which is subject to RCW Title 51,
Industrial Insurance.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
Bremerton/TSI
2004 SCADA Services
Page 4 of 12
22
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Lynnwood, Washington or on site in Bremerton. Meetings with the
City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at
locations mutually agreed upon by the parties.
F. 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 tc~xt of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address Consultant Address
Kathleen Cahall Glenn Lee
City of Bremerton Public Works and Utilities Technical Systems, Inc.
3027 Olympus Drive 2303 196~ Street
Bremerton, WA 98310 Lynnwood, WA 98036
J. Waiver:. Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
M. Choice of Law and 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.
Bremerton/TSI
2004 SCADA Services
Page 5 of 12
23
N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant 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.
IX. Termination: This Agreement may be terminated, at will, by either Party upon sixty (90)
days notice to the other Party. This Agreement may be immediately terminated for cause by a
Party if the other Party substantially fails to perform 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. Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement. Termination shall be
effective ten calendar days at~er Consultant's receipt of the written notice by certified mail.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
Bremerton/TSI
2004 SCADA Services
Page 6 of 12
24
CITY OF BREMERTON CONSULTANT
By: By:.
its: its:
Date: Date:
Approved as to form: Attest:
Bremerton City Attorney City Clerk
Bremerton/TSI
2004 SCADA Services
Page 7 of 12
25
EXHIBIT A
CITY OF BREMERTON
WATER RESOURCES DIVISION
HARDWARE ENGINEERING & SOF'I'WARE PROGRAMMING SERVICES
SCOPE OF WORK
PROFESSIONAL SERVICES AGREEMENT
The purpose of this contract is for routine periodic engineering, software programming
services, and other on-cell services and incidental repairs necessary for the operation of
the SCADA system for the City of Bremerton water system. The contractor was chosen
as having .expertise and experience for providing engineering and software
programming services. Funds for this purpose ara authorized annually through the
Water Utility budget. TSI is one of the few certified Allen Bradley Solutions Provider in
the country.
1. Scope of Work
The contractor has provided professional services for Bremerton water facilities. This
contract provides for a continuation of those types of services. All services listed below
shall be termed "work" herain.
· Hardware design layout
· Hardware engineering
· Training
· Software programming
· SCADAscreen development
· Calibration services
· Troubleshooting
· Programming of RTUs, MTUs, and PLCs
· Process control design
· Remote modem access for quick diagnosis and customer support
· Field service
· Other similar work
2. Responsibilities of Contractor
Contractor shall perform work in accordance with the following standards:
· Obtain all necessary permits
· All work shall be performed by authorized and qualified personnel
· Maintain a clean environment
Bremerton/TSI
2004 SCADA Services
Page 8 of 12
26
· All work shall be performed in accordance with local, state, and federal codes,
including WISHA confined space entry regulations and respiratory protection
program.
·All necessary services shall be performed by prior arrangement and as agreed to
by the City's Project Manager.
3. Examination by the City of Bremerton
Work under this contract shall be subject to review and examination by the City at all
times, and shall be subject to its approval. Contractor shall periodically confer with the
City during the course of work, and shall be subject to the direct administration of the
City. Contractor shall prepare and present any information and materials (e.g., a
detailed outline of completed work) as may be pertinent, necessary, or requested by the
City to determine the adequacy of the work as it progresses or to determine contractor's
progress.
The making (or failure or delay in making) such examination shall not relieve contractor
of responsibility for performance of services in accordance with this Agreement.,
notwithstanding the City's knowledge of defective or noncomplying performance, its
substantially or the ease of its discovery. Contractor shall provide the City sufficient,
safe, and proper facilities and equipment for such inspections and free access to such
facilities.
4. Record Keepin,q
Contractor shall promptly furnish the City with such information related in the service as
may be requested by the City. Until the expiration of 72 months after final payment of
the compensation payable under this Agreement, contractor shall provide City access to
(and City shall have the right to examine, audit, and copy) all of contractor's books,
documents, papers and records which are related to the services or this Agreement.
5. Property and Confidential Information
Contractor shall not, without the prior written consent of the City, disclose to third parties
any information received in connection with the service unless:
· Information is known to contractor before receiving the same directly or
indirectly in connection with the services;
· Information is in the public domain at the time of disclosure by contractor; or
· Information is received by contractor from third party who does not have an
obligation to keep the same confidential.
Bremerton/TSI
2004 SCADA Services
Page 9 of 12
27
6. Work Schedule
Contractor shall begin services after the effective date of the contract. The work
performed shall proceed throughout the term of the contract, or completed according to
the time schedule and established completion time contained in work orders or as
otherwise agreed in writing.
Established completion times shall not be extended because of any unwarranted delays
for which the contractor is responsible, but may be extended by the City because of
delays caused by governmental action or other conditions beyond the control of the
contractor. During the progress of contractor's work, contract may adjust the work force
to meet the schedule; but time adjustments may be made only upon written approval by
the City.
7, Fee Schedule
The following is a list of hourly rates for Project Management, Professional and
Project/Software Engineering, Field Service, Drafting, and Engineering Support services
for 2004. An updated list of fees for the next year will be supplied to the City by
November 15 of the previous year.
Project Manager/Registered Professional Engineer $135.00 per Hour
Project Engineer/Software Engineer $120.00 per Hour
Field Technician $95.00 per Hour
Auto-Cad Design & Drafting $70.00 per Hour
Documentation $60.00 per Hour
Cledcal $55.00 per Hour
Travel Time $65.00 per Hour
The TSI personnel working on City of Bremerton projects that would be billed at these
rates are:
Project Manager: Matt Scott, Glen Lee, Gary Conley
Project Engineer: Danny Carlsen, Ed Williams, Dennis Fugier, Jason Zinschlag, Ken
Clements, Kyle Thoren
Field Technician: Ben Johnson, Mitch Stewart, Bryce Vanwerven, Scott Schaible
Drafting: Ally Zuercher, Buz Rambo
Documentation: Jan Honda
Clerical: Linda Edwards
Bremerton/TSI
2004 SCADA Services
Page 10 of 12
Fie~d Technician services in excess of 10 hours per day, Monday through Friday, will be
billed at 1.5 times the hourly rate. Saturdays, Sundays, and all business holidays will be
billed at 2 times the hourly rate. Emergency services are billed at a minimum of four (4)
hours plus $100.00 which is paid to the on cell technician or engineer. Vehicle travel
and meal expenses are included in the hourly rate listed above. All other expenses,
(hotel, aidine, rental car, etc.), will be billed at documented cost plus a 10% service
charge. Services will be billed via monthly invoice, with field service reports and
identification of work hours performed. All invoices are Net 30 days. All prices are net
prices and do not include any State, local or use taxes.
Technical Systems Inc. warrants defects in material and workmanship for systems
supplied by Technical Systems Inc. for a period of one (1) year beginning on the date
of shipment. Individual component warranties will be limited to the published warranty
for the component purchased and supplied by Technical Systems Inc. All published
warranties provided by the component manufacturers will be assigned, in their entirety,
to the end user. No warranties are verbally expressed or implied. Defective materials
or workmanship will be repaired or replaced free of charge during the warranty period.
Labor, travel and other expenses to repair or replace components at the end user's
facility will be billed to the end user in accordance with the above fee schedule.
Service Response Time: City shall have access to a twenty-four hour per day, 7~day
per week, toll-free emergency telephone number. Contractor shall respond by phone to
all service calls within two (2) business hours of receiving a call from the City Project
Manager or designee. The City has the option to request a faster response time when
the need arises; however, the City shall compensate the contractor for reasonable costs
incurred to provide the faster response.
Parts: Any additional charges, such as parts and materials, shall be itemized
separately and authorized by the City Project Manager. Materials and parts are not part
of this contract.
8. Personnel
For securitY, reasons, all personnel working on City of Bremerton Water Utility premises
shall be pre-approved by the Water Resources Manager and shall carry a TSI photo ID.
Bremerton reserves the right to require a background check, at the City's expense, on
any TSI employee accessing City Water Utility property or providing SCADA
programming.
Bremerton/TSI
2004 SCADA Services
Page 11 of 12
29
Estimated Work Plan: 0/~/~//~'/4 '~
In addition to trouble-shooting and on-call needs, the following work plan is estimated
for the next several years.
2004
Complete radio conversion of the Anderson Creek facilities
Training for RS View and SCADA Alarm Programs
2005
Assist with security upgrades
McKenna Intake programming and screens
West Branch remote valve operation
Reservoir 4 valve controls
Rate of Change alarms
Totalizer calculations
Continue RS View Training
2006
Continue to assist with security upgrades
Flow meter programming
Intertie control actuator programming
Twin Lakes control programming
Add well level transducer information
2007
Main stem gate controls
Head tank controls
Well 22 controls
PSNS flow meter SCADA
Bremerton/TSI
2004 SCADA Services
Page 12 of 12
30
DATE SUBMITTED: BILL #
CITY COUNCIL
SUBJECT: Committee Meeting Date: September L~K,2004
Purchase of Fleet Management Software COUNCIL MEEIING Date: October 6, 2004
Department: PW& Util
Presenter: Jim Orton, Fleet
Manager
Phone: 5356
SUMMARY: The Fleet Management Program the city is using (Pentamation) is old and lacks many
of the desired features contained in modem fleet management software packages. A program is
needed which is more flexible in its reporting format and windows-based for ease of operation. The
program needs to have the ability to be easily configured to fit our changing needs. Having our fleet
operation managed with a more robust and user-friendly program will provide easier access to
information and more flexible reporting. This will allow Public Works to better manage the City's 365
vehicles. We have examined several available packages and our recommendation is to purchase the
fleet management module for our existing Cartegraph software. Since Public Works and Utilities
already uses Cartegraph for many of its operations, the training requirements will be reduced. The
City also qualifies for a grant through Cartegraph for $8,094. It is recommended that City Council
approve the purchase of Cartegraph software for $35,766.37 less the grant amount for a total of
$27,672.37 including sales tax.
ATTACHMENTS: none
FISCAL IMPACTS (Include Budgeted Amount): $70,000 exists in the 2004 budget for purchasing
the FASTER vehicle management software package. After careful consideration it was determined
that the Cartegraph add-on module will provide all of the functionality we really need at a
substantially reduced cost. The $27,672.37 request includes training and conversion of our legacy
database.
APPROVALS:
CITY ATTORNEY:
FINANCE DIRECTOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: That the City Council approve a sole source purchase from
Cartegraph Software in the amount of $27,672.37 for a Fleet Management Program.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
Memorandum
1o: Michael Wilson, Financial Services Director
From: Bill Eley, IT Manager
Date: 9/22/2004
Re: Cartegraph Fleet Management Module
Mike,
I have read the Agenda Bill regarding the Cartegraph Fleet Management Module and I support the
acquisition of the software. I am familiar with other modules of the Cartegraph Suite as used by
Utility. Operations and I find the software to be well written and easy to use. Other Cartegraph
modules are being used or are about to be used by other divisions within Public Works and the use of
a common software platform is desirable.
Bill
1000 SUBMITTED: September 22, 2004 BILL
AGENDA BILL
CITY OF BREMERTON ~~
CITY COUNCIL
SUBJECT: Resolution ti Setting Committee Meeting Date: September 29, 2004
a Hearing Date of October 20, 2004, for COUNCIL MEETING Date: October 6, 2004
Vacating a ~ortion of the north/south alley Department: PW&U, Engineering
between 13u' and 16t~ Streets, and a portion Presenter: Michael Mecham
of 15th Street between Broadway and Warren Phone: 473.5288
Avenues.
SUMMARY: The City received a petition from Olympic College to vacate a portion of the
north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and
Warren Avenues. Olympic College incorporated the proposed vacated area into the new student
parking lot. Olympic College is granting a public access easement to the City. In addition, Olympic
College is dedicating Broadway Avenue for public use. Therefore, no compensation is required for
this right-of-way vacation. Since Olympic College is a governmental agency, compensation may also
be waived for that reason. The City Council is being requested to establish a hearing date of October
20, 2004, to consider the proposed vacation.
ATTACItMENTS: !.) Resolution ti ; 2.) Site Map; 3.) Engineering StaffReport
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS: ~V~//~·
DEPARTMENT DIRECTOR
CITY ATTORNEY: '.~
FINANCE DIRECTOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENI:
RECOMMENDED MOTION:
Move to pass Resolution ti __ setting a hearing date of October 20, 2004, for vacating a portion
of the north/south alley between 13th and 16th Streets, and a portion of 15th Street between Broadway
and Warren Avenues.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
33
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of a portion of the north/south alley between
13th and 16th Streets, and a portion of 15th Street between
Broadway and Warren Avenues.
WHEREAS, the City received a petition to vacate a portion of the north/south
alley between 13th and 16th Streets, and a portion of 15th Street between Broadway and Warren
Avenues.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A public hearing will be held on October 20, 2004, at 5:30 p.m. or
later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public
comment or consider written objections to the vacation.
SECTION 2. If fifty percent or more of the property owners abutting said right-
of-way file written objections to this action prior to the time set for public hearing herein, the
hearing shall be canceled and there shall be no further proceedings under this resolution.
SECTION 3. Severabilit¥. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
rome and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this day
of ,2004.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk
CSDocuments and Scttings~SWEM\Local Settings\Temp\Resolutl doc
1
Alley 15th Street, Broadway Ave - Public Hearing
STREET VACATION REQUEST
OLYMPIC COLLEGE ALLEY VACATION
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE: October 20, 2004
PREPARED BY: Gunnar Fridrikeson
SUMMARY
A. Applicant: Olympic College
Attn: Robert Holmes
1600 Chester Avenue
Bremerton, WA 98337
Location: Portion of the alley running north-south on east side of Broadway
Avenue, from 13th Street to 16th Street, and portion of 15th Street
from Broadway to previous vacation of 15th Street (City of
Bremerton Ordinance #.4753) west of Warren Avenue.
B. Attachment: Vacation Area Map
BACKGROUND
The applicant has petitioned the City of Bremerton to vacate a portion of the alley that
runs north-south beside their property, between 13th and 16th Street and Broadway and
Warren Avenues. No other properties abut this portion of the alley. This portion of the
alley was mistakenly thought to be included in the previous 15th Street vacation (City of
Bremerton Ordinance #4753) and was incorporated into the design of the new student
parking area. Upon submittal of the design to the City, the error was noted, along with
several other issues involving public access to the remainder of the alley, and the
missing Broadway Avenue dedication. The applicant has worked with the City of
Bremerton to resolve all of the right of way issues in this area.
The proposed vacation also includes a small portion of 15th Street between Broadway
Avenue and the previously vacated portion of 15th Street, west of Warren Avenue.
In vacating the rights-of-way, the applicant will grant an ingress and egress easement
across their property to allow access between the remainder of the alley south of the
property and Broadway Avenue. The applicant will also properly dedicate the existing
Broadway Avenue between 15th and 16th Streets to the City. See the attached exhibit.
March 11, 2004
Olympic College Alley Vacation
Page 1 of 4
RIGHT-OF-WAY CONDITIONS
· Functional Classification Alley/Local Access
· Existing R-O-W Width 14 feet (alley), 30 feet (15th Street)
· Proposed R-O-W Width N/A
· Pavement Width 14 feet (alley), approx. 20 feet (15th St.)
· Surface Type Asphalt
· Curb and Gutter None
· Sidewalks None
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
This portion of alley and 15th Street is not required for public use, provided the
ingress and egress easement is granted.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this improved right-of-way will reduce the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
No change in thoroughfare would be useful.
March 11, 2004
Olympic College Alley Vacation
Page 2 of 4
3?
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
No future use of this portion of right-of-way is anticipated.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
The petitioner, Olympic College, is the only abutting property owner.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Puget Sound Energy, Cascade
Natural Gas and Qwest will reserve easements. Utilities easements are to be reserved
for the existing City water, storm and sewer utilities.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated.
COMPENSATION
Since Olympic College will be granting the public access easement, and properly
dedicating Broadway Avenue to the public, no compensation is required for the
proposed vacation. Olympic College is a governmental agency, compensation may
also be waived for that reason.
STAFF COMMENTS
City Attorney, Department of Community Development, Police, Fire and Engineering
supports this vacation.
Staff recommends that this portion of the Alley and 15th Street Vacation be approved as
requested with easements reserved for all existing utilities and an easement to the
Public for ingress and egress to the remainder of the existing alley.
March 11, 2004
Olympic College Alley Vacation
Page 3 of 4
38
Looking North from 15th Street along alley.
Looking South from alley towards intersection of 15th and Broadway Avenue.
March 11, 2004
Olympic College Alley Vacation
Page 4 of 4
39
Approved this day of ,2004
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2004
EFFECTIVE the day of ,2004
ORDiNANCE NO.
R:\LEGAL\Ordinances\Auditor~BMC 2.18.020,doc
2
BMC 2.1& 020 - Auditing Committee
4~
DATE SUBMITTED: September 22, 2004 BILL #
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Resolution # Setting Committee Meeting Date: September 29, 2004
a Heating Date of October 20, 2004, for COUNCIL MEETING Date: October 6, 2004
Vacating the portion of Coontz Street lying Department: PW&U, Engineering
between Callow Avenue and Charleston Presenter: Michael Mecham
Blvd. and the alley lying between Coontz Phone: 473.5288
Street and Charleston Blvd.
SUMMARY: The City received a petition from Kitsap Transit to vacate the portion of Coontz Street
lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz Street
and Charleston Boulevard. With the completion of the Gateway Project, Coontz Street and the alley
became dead end rights-of-way with no public circulation needs. This is a Class 1I tight-of-way. The
petitioner paid compensation in the amount of $13,628.55 in accordance with BMC 11.20.140. The
City Council is being requested to establish a hearing date of October 20, 2004, to consider the
proposed vacation.
ATTACHMENTS: 1.) Resolution # ; 2.) Site Map; 3.) Engineering Staff Report
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS: /'"'"--~ / ' .
DEPARTMENT DIRECTO4 ~~t~,-..~ _ --~
CITY ATTORNEY:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESDENT:
RECOMMENDED MOTION:
Move to pass Resolution # __ setting a hearing date of October 20, 2004, for vacating the portion
of Coontz Street lying between Callow Avenue and Charleston Boulevard and the alley lying between
Coontz Street and Charleston Boulevard.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
ab, Agenda Bills 2004, Coontz Street
41
RESOLUTION NO.
A RESOLUTION of the City Council of the City of
Bremerton, Washington, establishing a hearing date for the
proposed vacation of the portion of Coontz Street lying between
Callow Avenue and Charleston Boulevard and the alley lying
between Coontz Street and Charleston Boulevard.
WHEREAS, the City received a petition to vacate the portion of Coontz Street
lying between Callow Avenue and Charleston Boulevard and the alley lying between Coontz
Street and Charleston Boulevard in the city of Bremerton; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION1. A public hearing will be held on October 20, 2004, at 5:30 p.m. or
later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public
comment or consider written objections to the vacation.
SECTIONZ If fifty percent or more of the property owners abutting said right-
of-way file written objections to this action prior to the time set for public heating herein, the
hearing shall be canceled and there shall be no further proceedings under this resolution.
SECTION3. Severability. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this day
of ~, 2004.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk
R:\LEGAL',Resolu6ons~Public Works\Vacation - Coontz.doc
I
Coont: Street - Public Hearing
42
AREA
BE VACATED
'OA/ TZ STREET--]
KITSAP
TRANSIT
tn N.T.S.
-
CITY OF BREMERTON EXIBIT MAP FOR
DEPARTMENT OF PUBLIC WORKS PROPOSED VACATION FOR PORTION
& UTILITIES
ENGINEERING DIVISION OF COONTZ STREET AND ALLEY
DRAWN BY: MJW DESIGN BY: GF
DATE 9/10/02 DATE 9/10/02
STREET VACATION REQUEST
COONTZ STREET AND ALLEY
ENGINEERING STAFF REPORT
CiTY COUNCIL HEARING DATE: October 20, 2004
PREPARED BY: Gunnar Fridriksson
SUMMARY
A. Applicant: Kitsap Transit
Attn: Wendy Clark-Getzin
200 Charleston Boulevard
Bremerton, WA 98312
Location: Coontz Street between Callow Avenue and Charleston Boulevard
(SR 304) and the alley lying between Coontz Street and Charleston
Boulevard.
B. Attachment: Exhibit Map
BACKGROUND
Kitsap Transit has initiated the vacation process to vacate the portion of Coontz Street
lying between Callow Avenue and Charleston Boulevard and the alley lying between
Coontz Street and Charleston Boulevard. With the completion of the Gateway Project
in 2002, Coontz Street and the alley became dead end right-of-ways with no public
circulation needs. The proposed vacation location is illustrated on the attached exhibit
map.
RIGHT-OF.WAY CONDITIONS
· Functional Classification Local Access
· Existing R-O-W Width Coontz St.-60 feet; Alley-12 feet
· Proposed R-O-W Width N/A
· Pavement Width Coontz St.-28 feet; Alley-12 feet
· Surface Type Combination of asphalt and concrete
· Curb and Gutter Standard curb on Coontz St.
· Sidewalks 5 foot sidewalks on Coontz St.
May 17, 2004
Coontz Street and Alley Vacation
Page 1 of 5
HEARING CONSIDERATIONS
BMC 11.20.'1£0 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
This portion of Coontz Street and the alley is not required for public use.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Vacating this improved right-of-way will reduce the City's maintenance
responsibility in this area.
4. Whether substitution of a new and different thoroughfare would be more
useful to the public.
Staff Position:
Completion of the Gateway Project made Coontz Street and the alley a dead end
street. No other thoroughfare would improve circulation in this area.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
No future use of this portion of right-of-way is anticipated.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
The only abutting property owner, Kitsap Transit supports the vacation.
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
May 17, 2004
Coontz Street and Alley Vacation
Page 2 of 5
,~5
UTILITIES
All private utility companies were contacted. Cascade Natural Gas will retain an
easement. Utilities easements will be reserved for the existing City storm and water
utilities. All easements for existing utilities will be released upon redevelopment of the
surrounding properties and alley, and arrangements made for the utility relocations.
SUFFICIENCY OF SIGNATURES
Kitsap Transit is the sole abutting property owner.
COMPENSATION
The compensation amount has been determined utilizing the Kitsap county Assessor's
land value of the abutting properties. The amount is $13,628.55, which is equal to one-
half of the average property value of the abutting properties weighted on a front footage
basis. This amount has been paid by the applicant to the City of Bremerton.
STAFF COMMENTS
The City Attorney, Department of Community Development, Police Department, and
Engineering Division support this vacation.
Staff recommends approval of this street vacation with easements reserved for all
existing utilities.
May 17, 2004
Coontz Street and Alley Vacation
Page 3 of 5
Looking west from Callow Avenue to Coontz Street.
Looking north from Coontz Street to alley
May 17, 2004
Coontz Street and Alley Vacation
Page 4 of 5
Looking east at Coontz Street from back of sidewalk along Charleston Boulevard.
Looking south at alley from end of concrete, concrete ends just south of slope for back
of walk of Charleston Boulevard.
May 17, 2004
Coontz Street and Alley Vacation
Page 5 of 5
DATE SUBMITTED: September 22, 2004 BILL #
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Public Heating on Resolution # Committee Meeting Date: September 29, 2004
declaring as surplus and COUNCIL MEETING Date: October 6, 2004
approving the sale of real property Department: PW&U, Engineering
Presenter: Michael Mecham
Phone: 473.5288
SUMMARY: The City received an offer to purchase real property owned by the City from the
abutting property owners. The real property is located between 1140 Trenton Avenue and 1304
Trenton Avenue. This 12 foot by 100 foot strip of property has no beneficial public use at this time.
In addition, the property has value only to the abutting owners because of its size, shape and location.
ATTACHMENTS: 1 .) Resolution # ; 2.) Site Map; 3.) Council Summary; 4) Value Analysis
FISCAL IMPACTS (Include Budgeted Amount): The City shall receive $1,200.00 for the sale of
the real property.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
OPERATIoNsFISCAL/BUDGET:: CONSENT AGENDA []
COUNCIL PRESB3ENT:
RECOMMENDED MOTION:
Move to pass Resolution # __ declaring surplus and approving the sale of real property located
between 1140 Trenton Avenue and 1304 Trenton Avenue for $1200.00 and authorizing the Mayor to
finalize and execute a Purchase and Sale Agreement and all other documents related to the closing of
this transaction.
COUNCEL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
R:\LEGAL~DepatXmenCs-General~PW&U~Surolu$ and Sale Trentomab.doc/ab, Agenda Bills 2004, Sale of Property, Trenton Ave
49
RESOLUTION NO..
A RESOLUTION of the City Council of the City of
Bremerton, Washington, declaring certain property surplus to thc
City's needs and approving a sale of the property in accordance
with the provisions ofBMC 2.78~010.
VfHEP,_EAS, the City has received an offer to purchase from thc abutting property
owners, the real property between 1140 Trenton Avenue and 1304 Trenton Avenue in the City of
Bremcrtun, more particularly described in Exhibit A; and
WHEREAS, the property has no beneficial public use at this time; and
WHEREAS, the City Council has determined that this property is not utility
property and is surplus to the City's needs; and
WHEREAS, the abutting property owners can put the property to its highest and
best use; and
WHEREAS, the property value was determined by a value analysis conducted by
Windermere Real Estate; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The property legally described in Exhibit A is hereby declared
surplus to the City's needs and approved for sale to the abutting owner or owners pursuant to
BMC 2.78.010(a).
SECTION 2. The sale price shall be $1,200.
SECTION3. The Mayor is hereby authorized to finalize and execute a Purchase
and Sale Agreement with substantially the same terms and conditions as described herein.
SECTION 4. The Mayor is further authorized to execute any and all other
documents, including but not limited to statutory warranty deeds and real estate excise tax
affidavits, necessary to complete the transaction.
.SECTION 5. Severabilitv. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
I
Surplus and Sale of Property Between
1140 Trenton Avenue and 1304 Trenton Avenue
50
SECTION 7. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this day
of ,2004.
DAREN NYGREN, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk
R:\LEGAL~Resolutions~Surplus and Sale re Trenton.doc/ab, Agenda Bills 2004, Sale of Property, Trenton Ave
2
Surplus and Sale of Property Between
1140 Trenton Avenue and 1304 Trenton Avenue
EXHIBIT A
Legal Description
Beginning at a point on the East margin of Trenton Avenue which is North
01°48'21'' East, 100 feet and South 88°11'39" East, 25 feet from the Southwest
corner of Lot 14 McTeigh's Garden Tracts; thence North 01°48'21" East along the
east Margin of Trenton Avenue, 12.02 feet to the north line of the South half of
said Lot 14; thence South 88°11'39" East along said north line of the South half
of said Lot 14, 100 feet; thence South 01°48'21" West, 12.02 feet; thence North
88°11 '39" West, 100 feet to the point of beginning, located in Kitsap County,
Washington.
EXHIBIT
PROPOSED PARCEL TO BE SURPLUSED FOR SALE
I
O~,~ER: ADAMSKI
PARCEL 3949-000-014-070§
~ 1"= 30'
NOR~ 100' OF LOT 14
DEED 552666
.
~ O~ER: ~ODD~
J ~ P~CEL 3949-000-014-0606
'~ ~ SOU~ 50' ~ LOT 14
~ FACE~
C~P~T
DRi~A~ J
m LINE LOT 14 HOU~
PER PLAT (NOT HELD) 0~: C~
P~C~L 394g-000-014-
SOUI~-t LINE LOT 14 AND NORTH
UNE PLAT OF GRAND 'VlEW ADD'T
PER OCCUPATION (RO$ 25-219)
53
Council Summary
Resolution for the Sale of Real Property Located Between
1140 Trenton Avenue and 1304 Trenton Avenue
The City was contacted by John F. Mitchell, an attorney representing the property
owners at 1140 Trenton Avenue. He requested that the City sell the 12 foot strip of land
located between 1140 Trenton Avenue and 1304 Trenton Avenue. It is proposed that
this strip of property be sold to the adjacent property owners.
This property was originally dedicated, by quit claim deed, to the City in 1952. It appears
that the reason for the dedication was pedestrian access to the beach. This strip has not
been used as pedestrian access for several years. At present the strip cannot be used
for pedestrian access to the beach because there is no access through adjoining
parcels to the beach. A market analysis was performed to determine the market value of
the property. It was determined that the market value of the property is $1,200.00
($600.00 for each side). Public Works and Utilities staff have reviewed this parcel and
determined that it has no public benefit or use.
It is recommended that the City dispose of this parcel and sell it to the adjoining property
owners.
54
AUG. 24. 2004 9:30AM SANCH£Z PAULSON MITCHELL SCHOCK NO. 621 P,2
Park Avenue
Brock D. ~d ~ ~. ~o~
1140 ~o~a'Av~
B~n, WA 98~ 10
re: Fra~mcnm.ry repvna~- parcel of public laud no ~,.h of panel 3949 000 014 06 06.
Dear Mr. s~d Mrs. Stodden:
I have evaluated rite str/p of land to the ~,ot'th ofyolz r~idential p~c¢l and found it to have a fair
nmkct value of 11,264.40,
The evaluation was done by u~iag thc Ir, lump County A~sessot's 2004 tax essessmmt for your
parcel and od~r parceb ia ~ i,,~-.dia~: vicinity. Youz area ~ visited and reevaluated in 2003 fo~
curten~ Y,,i~ssp County ~seesment. I found rhar their assessraent of your lot was $29,330. Your parcel ia
· 16 acre Fieldiag S 1,833.13 per .01 acre. This compared wall with the adjacmt parcels so I p~oc~edal with
rigs value. The subject fractional parcel is 12.02 feet by 100 ~ or .02759 acres. At $1,83}.35 per .01
acre the as.sessed value should be S50f7.61. However, thc subjcc~ tactionai parcel bas no vulu¢ to a.ny
party except the curies! owner and you. It is ~oo nan~w for building, sad is too narrow for public vckicuhr
traffic. Because this lack ofmark~ pressure lowcm the fair market value by 75 ~o 80 perce~t. I felt this
factor should be considered when lmcu~ figs parcel and so evaluated it at 25% of the assessor's value, or
Th~ legal descripiion of the subject pan:el i~
Be~in~i%- at a point on the East margin of Triton Avenue which i~ Nora 01'48'21"
East, I00 fee~ and $ou~h 88' 11'39" Bas~, ~$ feet from ~c Southwesx comer off Lot 14
McTei~h's Garden Tracts; thence North 01'48'21" East ainn~ the eas~ margin of Treut~on
Aveaue, 12.02 feet to the nora li~ ofd~ South half of said Lot 14; thence South
~8'11'39" Bast along said north line of the South balt'of said Lot 14, 100 feet; thence
South 01'4~'21" West, 12.02 feet; thence North 85'I I '39" West, 100 feet to the point of
begimdng, located ia lamp County, Washmgto~
Th~ price opinion is fief an apl~ra~al as defined in chapter 18.140 ~CF/ and has been prepared
by a ~al estate licen.~ee, licen&ed wnder chapttr 18.~$ RCFg, who ~ not a state cert~ed or stat~ l~c~n~d as
a real ~'ta~ appraiser under chapter l&140 RC1F
Ple~e feel free to contact m~ for ~ assistance in this et any other real ~s~a~ matter.
lohn Stokes
Wash/n~ton Sta~
Licensed Peal Estate Agent
Windermere Real Est~lt~%Vest Sottud, Inc.
600 P~k Avenue · Brarn~on, WA 98337 · 360/&79-7004 · Fax 360/479-725~, E-mail brcm~no, (~w~t~dermcr~.com
55
DATE SUBMITTED: September 21, 2004 BILL
AGENDA BILL
CITY OF BREMERTON ~,~~
CITY COUNCIL
SUBJECT: Public Hearing on Ordinance Committee Meeting Date: September 29, 2004
amending BMC 21.18.020 relating to the COUNCIL MEET1NG Date: Oct. 6 and 13, 2004
Auditing Committee Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473.2345
SUMMARY: The proposed ordinance amends the provisions of BMC Section 21~ 18.020 relating to
the Auditing Committee by providing for the election of a Vice Chairman and clarifying the duties of
the Chairman and Vice Chairman.
ATTACHMENTS: Proposed Ordinance
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA []
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I move to approve the proposed ordinance on first reading.
I move to pass Ordinance No. on second reading amending BMC Section 2.18.020 relating
to the Auditing Committee.
COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action
56
ORDINANCE NO.
AN ORDINANCE of the City Council o£ the City of
Bremerton, Washington, amending Bremerton Municipal Code
Section 21.18.020 relating to membership requirements of the
Auditing Committee.
WHEREAS, the City Council desires to amend the provisions of Bremerton
Municipal Code Section 21.18.020 relating to the Chairman and Vice-Chairman of the Auditing
Committee; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION L Section 2.18.020 of the Bremerton Municipal Code entitled
"Membership" relating to the Auditing Committee is hereby amended to read as follows:
2.18.020 MEMBERSHIP.
(a) There shall be an Auditing Committee consisting of two Council members and an
independent Certified Public Accountant to be designated by Council, and two Bremerton
residents selected by the designated members of the Audit Committee. The City Council may
designate, by majority vote, one alternate member to serve in the absence of either or both of the
appointed Council Members.
(b) The Audit Committee shall appoint the City Auditor to serve at the pleasure of the
Audit Committee. The City Auditor shall only be removed by the majority vote of the entire
membership of the Committee sitting as a whole.
(c) In order to foster continuity, during the first meeting in January, the Committee
shall elect one of the-its members as Chairman and one as Vice Chairman to serve a term of one
(1) year. The Chairman, or in his absence the Vice Chairman, will conduct the order of business
at meetings, coordinate communications of the committee, approve the Auditor's payroll and
expenses, and perform all other duties as specified by the Committee.
SECTION2. Severabilitv. If any one or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2004
PASSED by the City Council the day of ,2004
DAREN NYGREN, Council President
1
BMC 2.18. 020 - A uditb~g Committee
57