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03/24/99 AGENDA
BREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA MARCH 24, 1999 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - March 10, 1999 #AB99-050 CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Professional Services Agreement for Systems Design to provide Ambulance Billing Service Intergovernmental Cooperative Response Agreement with Central Kitsap Fire & Rescue #AB99-051 #AB99-052 10. ORDINANCES A. Ordinapc~ (First Reading) Revising Code of Ethics / . _ ,~21B. Ordnance (First Reading) Amending B.M.C, Chapter ~0¢'~' /~2,*Hearing Examiner~~e (CONTINUED ON BA CK...) #AB99-053 #AB99-054 11. PUBLIC HEARINGS 6:00 P.M. OR LATER A. Resolution No. 2695, regarding Recovery of Fees for Abatement of Property located at 2234 Trenton Avenue Resolution No. 2696, regarding Recovery of Fees for Abatement of Property located at 108 N. Cambrian Avenue Resolution No. 2697, Requesting One-Year Extension for Final Plan Submission for PUD 96-0002, Sinclair Landing Bremerton Transportation Center; Applicant: Kitsap Transit Consideration of a One-Year Extension for Final Plan Submission for PUD 96-0002, Sinclair Landing Commercial and Residential Portion of Development; Applicant: The Commercial Group #AB99-055 #AB99-056 #AB99-057 #AB99-058 ,..31 5(,, CC: From: Date: Re: Legislative Assistant Council President Glenna Malanca, City Attomey 03/24/99 Questions Posed by Susan Brown on March 17, 1999 A question has been asked regarding how the-fo#owing issues can be addresses by law:. The issues as posed by Ms. Brown: 1. Council Members voting on issues that directly affect their personal property. Ms. Brown suggested that abstaining would have been appropriate. 2. Council Members are allowed to interfere with the Salary Commission because it is de£med as legislative, not quasi-judicial. It is my understanding that these issues relate to specific actions of Council Members. The specific actions were determined to be lawful by the City Attomey's office and Municipal Research Services. 1. When Council Members vote on a zoning issue in a legislative capacity, impacts upon their personal property may result. The Appearance of Fairness Doctrine does not apply. The Conflict of Interest rule was carefully reviewed prior to advising the Council Member in this specific instance that he could vote on the issue at hand. Law already addresses this issue. 2. Ms. Brown indicates that a Council Member interfered with the Salary Commission in her next statement of issue. The specific action of the Council Member is believed to relate to a lawful campaign contribution. A City is not empowered to abrogate the individual rights of Council Members. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: MARCH 24. 1999 ORIGINATING DEPT: CITY COUNC I L MINUTES OF MEETING -- MARCH 10, 1999 ORIGINATOR: DATE SUBMITTED: MIKE SHEPHERD, PRESIDENT MARCH 15. 1999 2. CLEARANCES: (comment on back 3. ~: if necessary) ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT/FO.~ SU~~L: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: qqooso TAPE #1602 UNAPPR~OVED DRAFT CITY COUNCIL MEETING MINUTES MARCH 10, 1999 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4'" Street, Bremerton, Washington, Wednesday, March 10, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd and invocation given by Lt. Daniel Freeman with the Salvation Army. President She.oherd made the following announcements: (1) Pointed out a mural titled "Special and Different As We Can Be, Isn't It Great That You Are You and I am Me", on the wall behind the Council, created by first graders of Mrs. Garrison's class at Naval Avenue Elementary School; (2) City Council held a Study Session prior to Council to discuss general Council business, followed by a 20-minute Executive Session, 5:05 - 5:25 P.M., to "Review Labor Negotiations"; and (3) City Council will hold a 30-minute Executive Session immediately following the Council meeting to discuss "Litigation". CONSENT AGENDA A. Minutes of Meeting - February 23, 1999 #AB99-039 #0055 M/S/C/U (McConnell/Montgomery) Motion to approve the Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as .required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0070 M/S/C/U (Montgomery/Arends) On March 10, 1999, the Council does approve for payment those vouchers included and further described as follows: 228656 through 228851 in the amount of $564,751.53; and Regular Payroll for the period ending February 28, 1999 in the amount of $844,499.26. COUNCIL MEMBER REPORTS Mr. Olsen announced that District's 1 & 2 neighborhood meeting would be held Thursday, April 15, 1999, 7:00- 9:00 P.M., at the Sheridan Park Recreation Center. Mr. Law announced the next District 3 meeting would be held next Tuesday, March 16, 1999, 7:00 P.M., at the Senior Center at 13th & Nipsic. He invited all citizens in the City to see the first sketches of the new Manette Bridge. TAPE #1602 City Council Reg. Mtg. Minutes March 10, 1999 Page 2 of 4 Mr. Over$on enjoyed attending the First Friday Art Walk downtown, and was happy to see the crowds. He briefly discussed the Investment Committee meeting held last evening, and thanked City staff for the information presented. Lastly, he was asked by his constituents to thank the Sun for the complete and accurate reporting done lately. Mrs. Arends congratulated the Bremerton High School Boys Basketball Team for making it to the playoffs. President Shepherd observed that the District 5 meeting would be held Thursday, March 18, 1999, 6:30 P.M., at the Lutheran Memorial Church located at 10"' & Veneta. Special guest speaker will be Captain J.A. Holden, new Commanding Officer of Naval Station Bremerton. He welcomed all citizens to attend. MAYOR'S REPORT Mayor Horton brought good news about the Bremerton High School Basketball Team making it to the playoffs, but sadly reported they did not win their first game. She encouraged the public to attend their second game tomorrow at 10:30 A.M. at the Kingdome. She brought information from the Department of Natural Resources, about free storm kits for property owners whose ornamental or forest trees were damaged by the recent rains or windstorms, by calling 1-888- 783-9548. She announced that on March 24, 9:00 A.M. to 2:30 P.M., the City of Bremerton would be participating in the Water Festival at Olympic College, a fun and educational event for the whole family. Lastly, she provided an update on the Ferry meeting held yesterday with the Kitsap County Commissioners, which she stated was very productive. Mayor Horton read a Proclamation, commemorating the VFW's 100th Anniversary. The contestants for the 1999 Armed Forces Pageant were then introduced. They invited the public to attend the Armed Forces Festival Pageant on Wednesday, April 7th. PUBLIC RECOGNITION Carol Atkinson, from Bremerton Main Street Association, reminded the public that the St. Patrick's Day Parade and celebration would take place this Saturday. Marilyn Mantzke of the West Sound Arts Council, announced they are sponsoring "Spring into the Arts", a one-month exhibit, along with various, related events. Larry Dickerson raised concerns regarding housing managed by Rainier Properties, who seem to have a pattern of allowing tenants to move into their properties who are involved in illicit and illegal activities. He asked for action from the City, and proposed that property managers be subject to the same strict health and safety inspections, just as business owners, with the inspections to be paid by the property managers. John Becket suggested that groups looking for housing dollars go through the City's Community Development Department for more efficient use of time and money. Klau$ Golombek, founder, President, & CEO of WestSound Bank, invited the public to the opening and dedication of the new bank on Monday, March 15, 9:00 A.M., at 190 Pacific Avenue, Bremerton. He stated they are "local folks" serving "local needs". TAPE #1602 City Council Reg. Mtg. Minutes March 10, 1999 Page 3 of 4 Al CoIvin, on behalf of the Kitsap County Historical Society Museum (KCHSM) located on 4th Street in downtown Bremerton, came to encourage the Council and Public to visit the museum. He also introduced Pamela Cruise Buckingham, KCHSM Office Manager & Administrator, who informed the public of upcoming events. Elizabeth Buell was concerned about the sidewalk at 5th & Pacific, in front of the Admiral Theater, being safety concern, and suggested a railing for senior citizen's use. Gordy Byrd stated he was happy to see so many people at the First Friday Art Walk, and also enjoyed a visit to the new La Bayou Restaurant on 4th Street. Susan Brown offered~ positive comments on the proposed Ethics Code, however, pointed out specific areas she requested be examined more closely. 9A - PUBLIC HEARING ON RESOLUTION NO. 2692. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF PROPERTY LOCATED AT 2817 HEFNER AVENUE, #AB99-040 On January 20, 1999, the City removed garbage and debris from the property located at 2817 Hefner Avenue after the owner, Kenneth Huddleston, failed to do so as ordered by the Building Official. The costs incurred for this action, including administrative fees totaled $970.61. Council must now decide if the fees are just, and how they should be collected. Janet Lunceford, Building Official, provided detailed information on the process showing how this abatement was obtained. Mr. Overson asked why the City was placing a lien on the property, instead of utilizing the recourse of contacting the property owner directly. Ms. Lunceford stated this process is used in these types of abatements because it is sometimes difficult to locate the property owners. Mr. Reed wanted to clarify that Ms. Lunceford spoke with the property owner directly. Ms. Lunceford stated yes, as well as mailing notices, which were signed and returned. #1400 M/S/C/U (Montgomery/Arends) Motion to pass Resolution No. 2692, ordering that the fees incurred for the abatement of garbage and debris located at 2817 Hefner Avenue be collected as reasonable abatement costs arid become a lien against the property. 9B - PUBLIC HEARING ON RESOLUTION NO. 2693, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF PROPERTY LOCATED AT 219 SHORE DRIVE. #AB99-041 On January 21, 1999, the City removed garbage and debris from the property located at 219 Shore Drive after the owner, Emerson Mitchell, failed to do so as ordered by the Building Official. The costs incurred for this action, including administrative fees totaled $809.66. Council must now decide if the fees are just, and how they should be collected. Janet Lunceford, Building Official, stated this came to their attention when the Water Department notified them the water was shut off to this property one year ago. After a visit with the owner, they became aware of the garbage problem. The abatement process was followed, and the property cleaned up after the failure of the owner to do so. Mr. Overson asked why the City cleaned the property when the owner was available. Ms. Lunceford explained he chose not to speak to City staff after they contacted DSHS on his behalf. He was also elderly and unable to do the work. TAPE #1602 City Council Reg. Mtg. Minutes March 10, 1999 Page 4 of 4 #1570 M/S/C/U (Montgomery/Arends) Motion to pass Resolution No. 2693, ordering that the fees incurred for the abatement of garbage and debris located at 219 Shore Drive be collected as reasonable abatement costs and become a lien against the property. 9C - PUBLIC HEARING ON RESOLUTION NO. 2694. REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF PROPERTY LOCATED AT 102 N. MONTGOMERY AVENUE, #AB99-042 On January 20, 1999, the City removed garbage and debris from the property located at 102 N. Montgomery Avenue after the owner, Leslee Lafrantz Gustavson, failed to do so as ordered by the Building Official. The costs incurred for this action, including administrative fees totaled $756.21. Council must now decide if the fees are just, and how they should be collected. Janet Lunceford, Building Official, provided the details on the abatement process for this property. Mr. McConnell questioned the amount of the fee for cleaning up one garbage can. Ms. Lunceford explained the interfund transfer shows three people at one hour each, a dump truck, a backhoe, and dump fees. Mrs. Arend$ asked if the pickup truck full of garbage parked just north of the building was included in this abatement. Ms. Lunceford stated no, that the truck belonged to another tenant who collects metal to be recycled. Her department is aware of this situation, and has emptied the truck in the past. Mr. Farr wanted to be sure the public was aware of the imposed Administration fee of $584 added to the additional cost of removing the garbage to these abatements, and it does not make good economic sense to have the City clean up the properties. #1775 M/S/C/U (Montgomery/Arends) Motion to pass Resolution No. 2694, ordering that the fees incurred for the abatement of garbage and debris located at 102 N. Montgomery Avenue be collected as reasonable abatement costs and become a lien against the property. With no further business meeting adjourned at 6:25 P.M. PAULA JOHNSTON, Deputy City Clerk MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is C: Normal Distribution File .5 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services Agreement for Systems Design to provide ambulance billing service. FOR AGENDA OF: ORIGINATING DEPT: Fire ORIGINATOR: Al Duke DATE SUBMITTED: 3/12/99 3/24/99 2. CLEARANCES: ~rnment o~,ck if necessary) 3. EXHIBITS: Budget & Finance . Professional Services Agreement · . .':.. '...~ -.? :.- >. Operahons Commit.tee-:. c'?.~ '/":~-.~'::>.::..'~ City Treasurer ,. ,-'~Z-~-_ _.~ City Attorney ~ ,~ .~-d'0.w ENDORSEMENTS INFORMATION APPROVED BY COUNCIL PRESIDENT F..OR SUBMITTAL: c ':. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In 1992 the City of Bremerton and Systems Design entered into a Professional Service Agreement to provide ambulance billing service. The agreement has been reviewed each year since that time. Attached is a new agreement between the parties that will terminate on December 31,2001, but may be extended for a period not to exceed 10 years. 8. RECOMMENDATION: That the Bremerton City Council authorize the Mayor to sign and enter into the Professional Services Agreement with Systems Design to ambulance billing service. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION TABLED APPROVED DISAPPROVED 11. AGENDA BILL NO: qq- oSI 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: There would not be an impact, the present contract would remain in effect. 6. IMPACT ON STAFFING~ BUDGETS~ FAClLITIES~ EQUIPMENT OR OTHER RESOURCES' With the new agreement the Fire Department would realize a savings of $4,000 to $5,000 dollar reduction in the price for service. 7. RESEARCHSOURCES: PROFESSIONAL SERVICES AGREEMENT Ambulance Billing THIS AGREEMENT is between the City ofBremerton, a municipal corporation (hereinafter referred to as "City") and Systems Design, (hereinafter referred to as "Contractor"). WITNESSETH: 1. SCOPE: Contractor agrees to provide billing services to City for its ambulance transportation provided through the Bremerton Fire Department. 1.1 City Agrees to: a.) Complete Medical Incident Reports (MIR), including patient name, address and all pertinent billing information (i.e., guarantor, name of insurance company, policy number). MIRs shall then be forwarded to Contractor. b.) Forward payment transmittal forms to Contractor for any payments made directly to the City. 1.2 Contractor Agrees to: a.) Entry of account/patient records. b.) Entry of all charges, payments and adjustments. c.) Produce and mail HCFA 1500 forms for all insurance charges entered or, in the alternative, transmit charge data directly to insurance carriers and other agencies. d.) Print and mail private statements monthly. e.) Collect payments from individuals, insurance companies and other agencies for deposit into an account designated by the City. f.) Provide monthly reports of (i.) aged accounts receivable; (ii.) production statistics; and (iii.) others as may be determined to be necessary. g.) Collect overdue accounts, upon approval by the City. PROFESSIONAL SERVICES AGREEMENT-1 h.) Reports and Information - Contractor, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Contractor will maintain accounting records in accordance with generally accepted accounting principals to substantiate all invoiced amounts. 1.3 Upon the termination of this Agreement, contractor shall provide following private billings, payment posting, and insurance rebilling as necessary for two (2) additional months. Immediately following these additional months of service, Contractor shall return all Medical Incident Reports and other documentation provided to it by the City under this Agreement. Contractor shall also provide City with documentation of the current status of all outstanding accounts. 2. TERM: Contract shall commence on March 1, 1999, and will terminate December 31,2001. Provided, however, that this contract may be extended for one (1) year periods upon the mutual consent of the parties hereto; Provided further, that the total term of this contract shall not exceed ten (10) years. 3. COMPENSATION: Contractor shall submit a bill to the City of Bremerton on a monthly basis for services provided. The amount of the bill shall be calculated as $20.50 for each Medical Incident Report (MIR) entered during the current billing period, plus actual postage expenses; Provided, however, that either party reserves the right to renegotiate the rate upon extension of this agreement as specified in Item #2. Payment by the City to Contractor shall be made promptly upon receipt of such billing. Balances owing in excess of thirty (30) days shall accrue interest at the rate of one percent (1%) per month. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Contractor is a firm skilled in matters pertaining to billing services and will perform independent functions and responsibilities in the area of its particular field of expertise. Contractor and its personnel shall act as independent contractors and not employees of the City. As such, they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Contractor shall work under the direction of the City Treasurer. 5. GENERAL CONDITIONS: Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that has not been fully set forth in the text of this Agreement. Amendments ~ The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. PROFESSIONAL SERVICES AGREEMENT -2 Co Notices - Any notices required to be given by the City to Contractor or by Contractor to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth Street Bremerton, WA 98337 Systems Design P.O. Box 3510 Silverdale, WA 98383 Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver any other breach. Compliance with State. Local and Federal Laws - Contractor agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. Applicable law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. go Attorney Fees -- The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 6. CONFIDENTIALITY: Contractor shall not release any information provided to it under this Agreement to any source, Provided, however, that it may release information, including patient name, address, guarantor, insurance company name, policy number and other information necessary to justify payment for services required by insurance companies and governmental agencies to facilitate payment for claims submitted. 8. NONDISCRIMINATION: Contractor shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical, mental or sensory handicap except an employment action based on a bona fide occupational qualification. 9. TERMINATION: This Agreement can be terminated by either party, without cause, upon six (6) months written notice. This Agreement may be terminated by either party for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which contractor is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -3 APPROVED this day of 1999 (Date) BY: SYSTEMS DESIGN (Date9 BY: LYNN HORTON, Mayor ATTEST TO FORM/LEGALITY GLENNA MALANCA, City Attorney City of Bremerton DEPARTMENTAL APPROVAL: Bremerton Fire Department PROFESSIONAL SERVICES AGREEMENT AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Intergovernmental Cooperative Response Agreement FOR AGENDA OF: 3/24/99 ORIGINATING DEPT: Fire ORIGINATOR: Al Duke DATE SUBMITTED: 3/12_/99 2_ CLEARANCES~.' Comment of back if neces,,sary) Budget&Finance .' ~_~~~7~ ~. ~.~ ~--~ ~~ 3. EXHIBITS: Intergovernmental Cooperative Response Agreement ENDORSEMENTS ~ INFORMATION APPROVED BY COUNCIL PRESJD£NT FOR SUBMFTT, AL: COUNCIL PRESIDENT / , ._ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is a proposed Cooperative Response agreement between the City of Bremerton and Central Kitsap Fire & Rescue. A committee consisting of both Fire Chiefs, elected officials from both entities and the labor representative from each entity started the process of upgrading the Mutual Aid agreement back in October of 1997. The results of the cooperative effort is a this Response agreement represented in this document. The agreement is for a term of one (1) year for the amount of $94,000.00 dollars. At the end of one year the agreement will be evaluated and determine whether a more permanent agreement may be appropriate. 8. RECOMMENDATION: That the Bremerton City Council authorize the Mayor to sign and enter into the Intergovernmental Cooperative Response Agreement with Central Kitsap Fire & Rescue for a term of one (1) year. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10, NOTICE OF ACTION APPROVED__~DISAPPROVED AMENDI 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Currently there are two fire stations located within 1.5 miles of each other, providing the exact same service. This creates a duplication of service in which the Growth Management Act is trying to eliminate. Non-passage would leave the situation as it is currently operating. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Passage of this agreement will allow additional personnel to Station One without the added cost to the citizens of Bremerton. This will add an estimated 1.2 calls per day to the Station Three area, but would add a constant staffing of a third paramedic unit. 7. RESEARCH SOURCES: Intergovernmental Cooperative Response Agreement This Intergovernmental Response Agreement is made by and between the City of Bremerton, herein known as the "City", and Central Kitsap Fire & Rescue, herein known as "CKFR", which are Washington municipal corporations, and has as its purpose, to define the terms and conditions of initial response between the parties. This Response Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal Cooperation Act, and to other provisions of law. Recitals The parties each provide fire protection, suppression activities, and Emergency Medical Service within Kitsap County, Washington. Bo The parties have completed a trial response program from September 15, 1998 through December 31, 1998 and agree that there were positive results. The parties desire to cooperatively provide service to the trial response area, as mutually modified, and as provided in the duties of the mutual aid agreement .... "the commanding officers of the parties may, from time to time, mutually establish pre-emergency plans which shall indicate types of and locations ..... where emergency assistance may be needed, the type of equipment which shall be dispatched ..... , and the number of personnel .... " The parties agree to continue to evaluate the impacts of future annexations by the City, and shall cooperate with each other in these efforts. AGREEMENT To carry out the purposes of this Response Agreement and in consideration of the mutual benefits and conditions set forth below, the parties agree as follows: RESPONSIBILITY: The City agrees to provide first alarm response, both emergent and non- emergent to a mutually agreed response area that encompasses portions of CKFR Station 45 and Station 44's area. Response shall include fire suppression activities, and emergency medical services, both Basic Life Support (BLS) and Advanced Life Support (ALS), when required. The agreed upon response area will be reflected in an exhibit marked as Appendix "A". 14- Intergovernmental Agreement City of Bremerton/CKFR Page 2 of 3 CKFR agrees to provide first alarm response to a mutually agreed response area that encompasses portions of the City. Said response shall include a career company. They further agree to aggressively move toward increasing their BLS capabilities, lessening the potential of BLS transports by the City. The agreed upon response area will be reflected in an exhibit marked as Exhibit "B". The responsibility to administer this agreement shall be vested to the City's Fire Chief and to CKFR's Chief Executive Officer. COMMAND: The parties agree to utilize the Incident Command System (ICS) for Command purposes. EVALUATIONS: This agreement shall have bi-monthly evaluations, beginning in February 1999. Said evaluations shall include one or more representatives of the City's elected officials; one or more representatives of CKFR's elected officials; one or more members of the parties firefighters Union's; a member from the Operations Division of each party; a member from the Fire Chiefs Office. Changes in response areas shall be included on either Exhibit "A" or "B", and regularly updated as needed. COMPENSATION: For the services as agreed above, CKFR agrees to compensate the City in the amount of $94,000 for 1999, and includes consideration for all responses, including EMS. The City shall not bill for EMS unless CKFR institutes a district-wide billing during the term of this agreement. The City shall then be authorized to bill all EMS transports within the response area, with said fees being in addition to the above stated compensation. Payment shall be made in two installments for 1999, one due on June 15, 1999, and the second due on December 15, 1999. DELEGATION/ASSIGNMENT: Neither party may delegate the performance of any contractual obligation to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. Intergovernmental Agreement City of Bremerton/CKFR Page 3 of 3 HOLD HARMLESS: Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and/or its employees; and shall hold harmless and indemnify the other party from any and all losses, including attorney fees, arising from any claim or action related to the negligence or other act or omission of the indemnifying party. DURATION: The duration of this agreement shall be January 1, 1999 through December 31, 1999. Either party may terminate this agreement with thirty (30) days written notice. Such notice shall be sent to the respective Fire Chief's office. If terminated, total compensation shall be prorated to the date of termination. Dated this /.2. of ~'~'~, 1999 Dated this of ., 1999 Central Kitsap Fire & Rescue Title: City of Bremerton By: Title: Attest: Title: Attests to form/legality: Title: H:West. lntergovernmental Cooperative Agreement January 11, 1999 [O©TPG1 J.NlOd I I I 1 ~ 1,TZ, _:*oeo- I I I I !' AGENDA BILL 1. SUBJECT: Ordinance No. Code of Ethics BREMERTON CITY COUNCIL FOR AGENDA OF: March 24, 1999 ORIGINATOR: Glenna Matanc~ City Attorney DATE SUBMITTED: March 18, 1999 2.,?C~CES: (C.~mment on back if 'Glen3~a Malanca, City Attorney Council Study Sessions -Approved Fiscal & Budget Chairman Approved Operations Committee Chairman ENDORSEMENT ~ INFORMATION [] necessary) 3. EXHIBITS: APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: An Ordinance repealing and revising the Code of Ethics for City officials and employees. This ordinance has clarified the purpose of having a Code of Ethics and the expectations and penalties therein. Chapter 2.96 will be repealed in its entirety and the City Council will adopt the attached Ordinance. 8. RECOMMENDATION: Record Motion: M6t[on to approve ordinance on first reading; and pass Ordinace No. on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION ~ PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE: (OVER) 2. C~CE COMMENTS: 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None. 7. RESEARCH SOURCES: ETHICS.AB - 3/9/99 ORDINANCE NO. AN ORDINANCE revising the code of ethics for City officials and employees; and repealing Chapter 2.96 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: CODE OF ETHICS SECTION 1. Repeal, New Chapter. Chapter 2.96 of the Bremerton Municipal Code is hereby repealed in its entirety and a new chapter adopted to read as follows: 2.96.010 PURPOSE. The proper operation of democratic government requires public confidence in the integrity of its officials. As a cornerstone to open and responsive government, this Ethics Code sets standards for city officials, officers and employees. It serves as a re§tatement of state codes and additional standards in areas of municipal operations where public trust is served by clear definition of expected behavior. 2.96.020 DEFINITIONS. (1) Immediate Family - Husband, wife, father, mother, brother, sister, son, daughter; like relatives by marriage such as stepson, stepdaughter; father-in-law, mother-in-law, brother- in-law, sister-in-law, son-in-law or daughter-in-law. (2) Public Officer or Employee - Any person, officer or employee holding a full-time regular position by election, appointment or employment in the service of the City, whether paid or unpaid, includes members of any board, committee or commission. (3) Quasi-judicial Proceedings - Those actions that determine the legal rights, duties or privileges of a specific party in a hearing or contested proceeding. They do not include legislative actions of area-wide significance or which affect the public generally. (4) RCW 42.52.010 is hereby adopted. Any reference to the State, it's agencies, employees, agents, ect. shall be understood to refer to the City of Bremerton, its departments, employees, agents, etc. Reference to "statute" shall mean statute or ordinance. Additionally, Subsections (1) through (4) of this Section shall control over conflicting provisions in RCW 42.52.010. 2.96.030 VIOLATIONS. (1) The following Sections of the Revised Code of Washington, and any amendments thereto, are hereby adopted by reference. Any reference to State shall be interpreted to mean the City of Bremerton: RCW 42.52.020 RCW 42.52.030(1)&(3) RCW 42.52.040 RCW 42.52.050 RCW 42.52.06O RCW 42.52.070 RCW 42.52.080 RCW 42.52.090 RCW 42.52.100(1) RCW 42.52.110(1) RCW 42.52.130 Activities incompatible with public service Financial interests in transactions Assisting in transactions Confidential information Improperly concealed records Testimony of state officials and state employees Special Privileges Employment after public service Limited assistance by former state officers and employees Conditions on appearance before state agencies Compensation for official duties or nonperformance Honoraria RCW 42.52.140 RCW 42.52.150 RCW 42.52.160(1) & (2) RCW 42.52.170 Gifts Limitation on gifts Use of persons, money, or property for private gain Giving, paying, loaning, ect., any thing of economic value (2) Appearance of fairness: No public officer or employee with decision-making authority shall participate in or influence any pending quasi-judicial proceeding whom: (a) Has a financial interest in the matter; (b) Has pro-judged the medts before headng; or (c) Has a personal bias for or against any party affected by the action. Provided, however, an officer may participate under the exceptions provided under Chapter 42.36 RCW. Any contacts with an affected party by a decision-making official regarding a pending quasi-judicial proceeding is prohibited unless disclosure is made on the record pursuant to RCW 42.36.060. 2.96.040 ADDITIONAL VIOLATIONS. The following conduct shall be deemed additional violations of this chapter: (1) To knowingly file a false charge or complaint of a violation of this ethics code, (2) To induce or coerce or attempt to induce or coerce anyone into violating a provision of this ethics code, (3) To knowingly commit or allow any breach of confidentiality contrary to this ethics code. (4) To retaliate or engage in reprisals against any person making a complaint of violations of this ethics code. 2.96.050 ENFORCEMENT. A. Any person who has knowledge of a violation of this Code of Ethics committed by any person may make a signed written report of the same to the City Clerk. The report must set forth specific facts detailing the alleged violation, including the date and place of violation; names and telephone numbers of all persons having knowledge of the alleged conduct; the sections and subsections of this code alleged to have been violated; and the specific conduct at issue. The report must be signed under penalty of perjury under the laws of this state and include the name, address and telephone number of the person submitting the report. The fact that a report has been received, the contents of the report, and the identity of the person making the report shall remain confidential to the extent allowed by law, including public disclosure laws of the State of Washington. The Mayor, after receipt of a copy of the report, shall refer the same to the City Auditor for an initial threshold determination that reasonable cause exists to believe that a violation of the Code of Ethics has occurred. B. Upon receipt of a report, the City Auditor, without benefit of subpoenas or sworn testimony, shall make such preliminary investigation as he or she deems appropriate to determine whether reasonable cause exists to believe that a violation of the Code of Ethics has occurred. If the City Auditor believes that the allegations may constitute a criminal matter, he or she shall refer the report to the proper authorities for consideration of cdminal prosecution. Additionally, the City Auditor shall present the matter to the Heating Examiner in a public hearing, represented by the City Attorney or the City Attorney's designee, to pursue any other remedies provided by this Chapter. C. If the City Auditor should determine reasonable cause does not exist, he or she shall communicate his or her decision in wdting to the person who made the initial report within 10 days of making the determination. D. Should the City Auditor present the matter to the Hearing Examiner, the City Auditor shall notify, in wdting, the person who made the report and the person complained against, of the public headng which will be held to determine if a violation has occurred. Notice shall be provided at least 30 days prior to the date set for the hearing. The person complained against shall have the dght to file a wdtten answer to the charge and to appear at the headng with or without legal counsel, submit testimony, be fully heard, and to examine and cross- examine witnesses. E. Headngs conducted by the Headng Examiner shall be informal, meaning that the Hearing Examiner shall not be bound by the stdct rules of evidence prevailing in courts of law or equity. The Hearing Examiner may call witnesses on his or her own motion and compel the production of books, records, papers, or other evidence needed by the parties. To that end, the Hearing Examiner shall issue subpoenas and subpoenas duces tecum on his or her own or at the request of the City Auditor or the person complained against. All testimony shall be under oath administered by the Hearing Examiner. The Hearing Examiner may adjourn the headng from time to time in order to allow for the ordedy presentation of evidence. The Hearing Examiner shail prepare an official record of the hearing, including all testimony, which shall be recorded by mechanical device, and exhibits; provided that the Hearing Examiner shall not be required to transcribe such records unless presented with a request accompanied by payment of the cost of transcription. F. Within thirty (30) days after the conclusion of the headng the Hearing Examiner shall, based upon a preponderance of the evidence, make and fully record in his permanent records, findings of fact, conclusions of law, determination of a recommended disposition, and his or her order. A copy of the findings, conclusions, recommended disposition, and order shall be forwarded by certified mail to the person who made the initial report and to the person complained against at addresses as given by both persons to the Headng Examiner. An additional copy of the findings, conclusions, recommendations, and order shall be forwarded to the City Auditor, the City Attorney, and the person(s) responsible for acting on the recommendations. G. Any person found, by final written order of the Hearing Examiner, to be in violation of this Code of Ethics may seek review of the Hearing Examiner's order and any other decision based upon that order in the following manner: (1) Civil penalty: If the Hearing Examiner orders the person to pay a civil penalty, the person may appeal in the form of a trial de novo in the Bremerton Municipal Court, which shall hear the case according to the Civil Rules for Courts of Limited Jurisdiction (CRLJ) and applicable local rules of the Bremerton Municipal Court. This appeal shall be taken by filing in the Bremerton Municipal Court a notice of appeal within 14 days of the date of the Hearing Examiner's order. The person filing the appeal shall also, within the same 14 days, serve a copy of the notice of appeal on the Hearing Examiner, the City Auditor, and the City Attorney, and file an acknowledgment or affidavit of service in the Bremerton Municipal Court. (2) Cease and Desist. If the Hearing Examiner orders a person to cease and desist violating this chapter, the person may seek a wdt of review from the Supedor Court pursuant to RCW 7.16, within 14 days of the date of the Hearing Examiner's order. (3) Public Disclosure. If the Hearing Examiner orders a person to file any documents or papers required by this chapter, the person may seek a wdt of review from the Superior Court pursuant to RCW 7.16, within 14 days of the date of the Headng Examiner's order. (4) Discipline. If the Hearing Examiner recommends either discipline, for any City official or employee; or removal from employment for a City employee, excluding City Council Members, and the discipline or removal actually occurs, the City employee may seek whatever remedies exist at law or in equity. (5) Debarment. If the Headng Examiner recommends that the person be excluded from bidding on public contracts and the exclusion actually occurs, the person may seek whatever remedies exist at law or in equity. (6) Termination of Contract. If the Headng Examiner recommends that the person's contract with the City be terminated and the contract is actually terminated, the person may seek whatever remedies exist at law or in equity. 2.96.060 FRIVOLOUS COMPLAINTS. 1. The Hearing Examiner may, at the request of a party or sua sponte, make a finding that a complaint brought pursuant to this Ethics Code is frivolous and without medt. 2. If the Hearing Examiner makes a finding that a complaint has been brought which is frivolous and without merit, the person making such a complaint shall be liable to the City for the cost of the City Auditor's investigation and the Hearing Examiner's hearing. If the complainant is a City employee, he or she may additionally be subject to disciplinary action. 2.96.070 CIVIL PENALTY AND ADDITIONAL REMEDIES. Violators shall pay a civil penalty of up to Five Hundred Dollars ($500.00) or three (3) times the economic value of anything received in violation of this chapter, whichever is greater. Any monetary penalty assessed civilly shall be placed in the City's general fund. The Hearing Examiner will also have the authority issue orders specified in BMC 2.96.050(G). 2.96.080 DISTRIBUTION OF CODE OF ETHICS. The City Clerk shall cause a copy of this Code of Ethics to be distribution to every public officer and employee of the City within thirty (30) days after enactment of this code. Each public officer and employee elected, appointed or engaged thereafter shall acknowledge receipt of a copy before entering service. APPROVED by the City Council on the first reading this __ day of ,1999. PASSED by the City Council of the City of Bremerton this __ day of ,1999. APPROVED this day of MIKE SHEPHERD CouncilPresident ,1999. ATTEST: LYNN S. HORTON Mayor KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Ordinance Amending Chapter 2.62 of the Bremerton Municipal Code FOR AGENDA OF: March 24, 1999 ORIGINATING DEPT: Legal ORIGINATOR: G!enna Ma!anca, City Attorney DATE SUBMITTED: March 19, 1999 2. CLEARANCES: (Comment on back if necessary) CITY ATTORNEY 3. EXHIBITS: Ordinance No. Council Study Sessions Approved COUNCIL COMMITTEES ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached Ordinance amends Chapter 2.62 by allowing the hearing examiner ~o have jurisdiction to receive and ~ ~= ~u=~ on appeals of administrative decisions in regards to ~he Code of Ethics. 8. RECOMMENDATION: Record Motion: Motion to approve ordinance on is~ reading: Pass Ordinance No. on 2=~ reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION n-SAPPROVED [] AMENDED [] PULLED [] TABLED [] APPROVED COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OT~R RESOURCES: None. 7. RESEARCH SOURCES: ORDINANCE AN ORDINANCE amending Chapter 2.62 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 2.62.045 of' the Bremerton Municipal Code shall be amended to read as follows: 2.62.045 HEARING EXAMINER - PROCEDURE - APPEAL. The hearing examiner shall have jurisdiction to receive and role on appeals by aggrieved appellants of administrative decisions after a written complaint has been denied by the Departmem Director or designee. Appeals to the office of the hearing examiner from any final administrative decision covered by the provisions of this chapter shall be made within seven (7) working days from the date of appellant's notification of the decision. Date of mailing shall be considered date of notification. Appeals shall include the appellant's name, address and telephone number, the written decision being appealed and the municipal code section establishing the appeal. Appeals shall be accompanied by a Fifty Dollar ($50.00) filing fee, which shall be refunded if the appellant substantially prevails. The Municipal Court Judge shall adopt roles for scheduling and conduct of administrative hearings. Enforcement of the administrative decision being appealed to the examiner shall be stayed during the pendency of an appeal which has been properly and timely fried provided there is not imminent threat to the public's safety and welfare. The hearing examiner's decision shall be final and conclusive unless the appellant or the City files for a Writ of Certiorari in Kitsap County Superior Court within thirty (30) days. Procedures of this section, including filing fee, and appeal of the examiner's decision shall apply unless different procedures are specified in the ordinance establishing the administrative appeal. The examiner shall have jurisdiction to receive and role on appeals of administrative decisions specified in the following Titles of the Bremerton Municipal Code: 1_. Code of Ethics, Title 2 2~ Business Licenses and Regulations, Title 5 3~ Health and Sanitation, Title 6 Animals and Fowl, Title 7 5_. Peace, Safety and Morals, Title 9 6_. Traffic, Title 10 Municipal Utilities, Title 15 Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this __ day of__ .,1999. PASSED by the City Council of the City of Bremerton this __ .day of .,1999. MIKE SHEPHERD, Council President APPROVED this __ day of ., 1999. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk 2 AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: Public Hearing Resolution # ~(Oq ~ , regarding recovery of fees for the abatement of the property located at 2234 Trenton Avenue. FOR AGENDA OF: March 24, 1999 ORIGINATING DEPT.: Buildin~ Dept. ORIGINATOR: Judy Johnson DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. necessarY~omm. Dev. D~ ir.:~./~.~<.-~ ~_._~ City Clerk: City Attorney:-" EXHIBITS: 1. Resolution # 2. Clerk Report 3. Photos ENDORSEMENT x'E INFORMATION_ APPROVED BY COUNCIL PRESIDENT F~)R S~.~M~T~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On January 21, 1999, the City secured the fire-damaged house located at 2234 Trenton Avenue after the owner~, E. and S. M. Laner~, failed to do so as ordered by the Building Official. The cost incurred for this action, including administrative fees, totaled $1,227.08. Council must now decide if the fees are just and how they should be collected. RECOMMENDATION: It is recommended that Council, by Resolution # ,~(~cl,~ , order that the fees incurred for securing the fire-damaged house located at 2234 Trenton Avenue be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGENDA BILL NO.: ~ ~" Od~ 5 2. CLEARANCE COMMENTS: e IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES' The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A m SOLVT OS # 3,6 q 5 A RESOLUTION reviewing charges for the abatement of the property at 2234 Trenton Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the fire-damaged house on the property located at 2234 Trenton Avenue; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 2234 Trenton Avenue, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1,227.08 for the property located at 2234 Trenton Avenue, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. 19 PASSED, by the City Council of the City of Bremerton this day of MIKE SHEPHERD Council President CITY OF BREMERTON · 239 4th Street · Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: February 9, 1999 Paula Johnston, Deputy City Clerk Janet Lunceford, BDS II Abatement at 2234 Trenton Avenue Judy Johnson Paula--I have scheduled a public heating for March 24, 1999 for Council to approve a lien for the securing of the fire-damaged house located at 2234 Trenton Avenue after the owners, E. and S.M. Laners, failed to do so as ordered by the Building Official. The fees for the work, as per the attached interfund transfer, totaled $408.08. With the addition of the $819.00 administrative fee, the total of the lien will be $1,227.08. 34- Celebrating 50 Years of Freedom CITY DEPARTMENTS ONLY INTERFUND TRANSFER FE8 -4 i9S9 DATE 2/3/99 BREMERTON BUILDING DEPAR]~F£R~: 5962 TO COMPLETE THIS FORM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Building Department PWO-STREET DMSION FROM Abatements (REVENUE DEPARTMENT) (EXPEN'DITUT,.E DEP.~RTMENT) DESCRIPTION TOTAL Charges per attached summary for: January 1999 LABOR MATERIALS SALES TAX TOTAL BLAB SI,059.1a S145.50 S445.08 S0.00 $1.6a9.72 ACCOUNT 42-349.3900 AMOUNT ACCOUNT $1,649.72 AM C U N T 55" (Sign Here) EXPENDITURE DEPARTMENT SUPERVISOR Billing Details 2/3/99 7.'55.'43 AM CITY OF BREMERTON Page PWO-STREET DIVISION Customer: BLAB Date ID Number~ 1/20/99 sm~7 990173 0054 0136 0583 3091 3039 DUMPOU 1/20/99 s~o,~ 99o~7~ 0054 0136 0583 3024 1/21/99 sm,mt8 990184 0054 3024 0136 0583 DUMPOU 1/21/99 s~o]9 99o~s~ 0054 0136 3024 0583 DUMPOU 1/21/99 smgoot6 ~o~6 0054 0136 0583 CDX1/2 3025 1/25/99 $D990001 99~200 0054 0136 3024 DUMPOU Building Department - Abatements Description BLAB 102 N. Montgomery Clean-up Debris Bill Edwards Dean Smith Mark A. Thompson '87 Lnt'l 12yd. Dump Track '94 J'D410 BACKHOE Dump Fees - Oly. View Sanitary Landfill BLAB 2817 Hefner Clean Debis shed Bill Edwards Dean Srmth Mark A. Thompson '93 GMC 1-TON DUM? BLAB 2817 Hefner Clean Debis shed Bill Edwards '93 GMC 1-TON DUMP Dean Smith Mark A. Thompson Dump Fees - Oly. View Samtary Landf'fll BLAB 219 Shore Drive remove Debris Bill Edwards Dean Smith '93 GMC 1-TON DL~ Mark A. Thompson Dump Fees - Oly. View Sanitary Landfill BLAB 2234 Trenton Board up from Fire Bill Edwards Dean Smith Mark A. Thompson Kitsap Lumber CDX 1/'2" plywood '93 GMC 1-TON DL3IP BLAB I08 N. Camhrrian Clean Out Garage Bill Edwards Dean Smith '93 GMC I-TON DU~I? Dump Fees - Oly. View SamtaTry- Landfill Regular 1.00 hr 1.00 hr 1.00 hr 1.00 hr 1.00 hr 1.00 yd 1.00 hr 1.00 hr 1.00 hr 1.00 hz 2.50 hr 1.00 hr 2.50 hr 2.50 hr 2.00 yd 2.00 hr 2.00 hr 2.00 hr 2.00 hr 1.00 yd 2.50 hr 2.50 hr 2.50 hr 13.00 ea 2.50 hr 3.50 hr 3.50 hr 3.50 hr 10.00 yd Overtime q'osts S31.!5 S31.i5 S$[.if S26.OO S32.OO S2O.76 53L.':5 5900 59.00 $7-.88 577.88 541.52 562.30 562.30 S i S.,30 562.30 520.76 S ', 5a 520.~30 5~©9 09.:)3 53 5~..6:9.-2 Work Order History 2/3/99 7:35:24 AM CITY OF BREMERTON PWO-STREET DI¥ISION Work Order #: SD990017 Project #: N4014280 Customer: BLAB %Vork Type: AO Supervisor: 0524 Lead Employee: 0524 Priority: 1 Location ID: i Ristory #: ! Title: BLAB 102 N. Montgomery Clean-up Debris Status: S Labor Hours Estimate: Ancillary Operations Building Department .~NCILLARY OPERATIONS Colen Corey Colen Corey Abatements Unspecified Location Unspecified Equipment Work Description Clean up debris off alley ~ 102 Montgomery, remove shopp- ing can too. Materials Estimate: $0 Equipment Estimate: 50 Date Entered: i 20 99 Date Updated: 2/2,"99 7:18:27 AM Date Targeted: 3 -L 90 Date Assigned: l. 20 9t~ Date Started: l. 20 99 Date Finished: ! 20 99 N~Ol428O No BLAB 0054 0136 0583 3091 3039 DUMPOU BLAB 102 N. Montgomery Clean-up Debris Bill Edwaxcls Dean Smith Mark A. Thompson '87 hall 12yd. Dump Truck '94 J'D410 BACKHOE Dump Fees - Oly. Viexv Sanitary Landfill SUM2~IARY FOR WORKORDER: SD990017 1.00 hr 53i.15 1.00 hr 531.15 1.00 hr 53i.15 1.00 hr $26.00 1.00 hr $32.00 1.00 yd 520.76 3.00 hr 0.00 hr $1-2.2: Labor: Benefits: Equipment: Materials: Sales Tax: Total: $93.45 $0.00 $58.00 $20.76 $0.00 $172.21 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 3.00 0.00 3.00 2.00 0.00 2.00 SD990077 Pa~e 1 Work Order History 2/3/99 7.'.58.'49 AM CITY OF BREMERTON PWO-STREET DIVISION Work Order #: SD990018 Project #: N4014280 Customer: BLAB Work Type: At Supervisor: 0524 Lead Employee: 0524 Priority: 1 Location ID: 1 History #: 1 Title: BLAB 2817 Hefner Clean Debis shed Ancillary Operations Building Department ANCILLARY OPERATIONS Colen Corey Colen Corey Unspecified Location Unspecified Equipment Abatements Work Description Lots of Garbage from storage shed on lot, remove. Status: S Labor Hours Estimate: Materials Estimate: $0 Equipment Estimate: Date Entered: i 20. o9 Date Updated: 2;2/'99 7:I Date Targeted: 3 a. 90 Date ,assigned: Date Started: i 20, 99 Date Finished: 99017a N4014280 NO BLAB 0054 0136 0583 3024 N4014280 No BLAB 0054 3024 0136 0583 DU~IPOU BLAB 2817 Hefner Clean DeNs shed Bill Edwards 1.00 hr 531. i 5 Dean Smith 1.00 hr $3I.lf Mark A. Thompson 1.00 hr $31. !5 '93 GMC 1-TON DUMP 1.00 hr $9.00 BLAB 2817 Hefner Clean DeNs shed Bill Edwards '93 GMC 1-TON DUMP Dean Smith Mark A. Thompson Dump Fees - Oly. View Sanitary Landfill 2.50 hr 1.00 hr $9.00 2.50 hr '~-- .35 2.50 hr $--.88 2.00 yd I0.50 hr 0.00 hr 53.36.0i Labor: Benefits: Equipment: Materials: Sales Tax: Total: SLrlVEMARY FOR WORKORDER: SD990018 $327.09 $0.00 $18.00 $41.52 $0.00 $386.61 Total Regular Labor Flours: Total Overtime Labor Flours: Total Labor Flours: _Total Regular Equipment Flours: Total Overtime Equipment Hours: Total Equipment Flours: 10.50 0.00 lO.fO 2.00 0.00 2.00 SD990018 Page 1 Work Order History 2/3/99 8:06:09 AM CITY OF BtLEMERTON PWO-STREET Work Order #: SD990019 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority: 1 Location ID: 1 History #: ! Title: BLAB 219 Shore Drive remove Debris Ancillary Operations Building Department ANCILLARY OPERATIONS Colen Corey Colen Corey Unspecified Location Unspecified Equipment Abatements Work Description Status: S Labor Hours Estimate: .Materials Estimate: $0 Equipment Estimate: Si) Date Entered: I 2¢). 9~ Date Updated: 2/2:99 7:[8:27 Date Targeted: _,~ Date Assigned: I 20 9c Date Started: [ 2 L 9q Date Finished: Remove garbage in concrete burning pit back yard, owner i mentally ill, if any problems contact BPD 1/'11/99 990185 s~omso BLAB 219 Shore Drive remove Debris No BLAB 0054 Bill Edwards 2.00 hr 0136 Dean Smith 2.00 hr 3024 '93 GMC I-TON DU-M~ 2.00 hr 0583 Mark A. Thompson 2.00 hr DUM[POU Dump Fees - Oly. View Sanitary Landfill 1.00 yd 6.00 hr 562.30 562._'-0 518.00 562.30 520.76 0.00 hr 5225.66 SUM2MARY FOR WORKORDER: SD990019 Labor: $186.90 Benefits: $0.00 Equipment: $18.00 Materials: $20.76 Sales Tax: $0.00 Total: $225.66 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 6.00 0.O0 6.00 2.00 0.00 2.00 SD9900~9 Page I Work Order History 2/3/99 8.'19.'43 AM CITY OF BtLEMERTON PWO-STREET D[¥'IS[ON Work Order #: SD990016 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority: 1 Location ID: 1 History #: 1 Ancillary Operations Building Department ANCILLARY OPERATIONS Colen Corey Colen Corey Title: BLAB 2234 Trenton Board up from Fire Abatements Unspecified Location Unspecified Equipment Work Description Status: S Labor Hours Estimate: 0 ,Materials Estimate: Equipment Estimate: Date Entered: [ 20. q9 Date Updated: 2:2,99 7:18:2, A.x.I Date Targeted: 5,-t 9q Date Assigned: ', 20, qn Date Started: Date Finished: 2234 Trenton board up as per building department from Fire All items in yard to be placed La the house before sec4ng s~omao BLAB 2234 Trenton Board up from Fire No BLAB 0054 Bill Edwards 2.50 hr 0136 Dean Smith 2.50 hr 57-.88 0583 Mark A. Thompson 2.50 hr 577.88 CDX1/2 Kitsap Lumber CDX 1/2" plywood 13.00 ea $ t 54.44 3025 '93 GMC i-TON DUMP 2.50 hr $20.00 7.50 hr 0.00 hi 5408.08 SUNEMARY FOR WORKORDER: SD990016 Labor: 5233.64 Benefits: $0.00 Equipment: $20.00 Materials: $154.44 Sales Tax: $0.00 Total: $408.08 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 7.50 0.00 7.50 2.50 0.00 .~.20 0 SD990016 Page Work Order History 2/3/99 8:34.'28 AM CITY OF BKEMERTON PWO-STREET DIVISION Work Order #: SD990001 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority: 1 Location ID: 1 History #: 1 Title: BLAB 108 N. Cambrrian Clean Out Garage Ancillary Operations Building Department Abatements ANCILLARY OPERATIONS Colen Corey Colen Corey Unspecified Location Unspecified Equipment Work Description Remove all debris in Garage offthe Alley 108 N Cambrian N401.g280 No BI~B 0O54 0136 3024 DLrMPOU BLAB 108 N. Cambrrian Clean Out Garage Bill Edwards Dean Smith '93 GMC 1-TON DUMP Dump Fees - Oly. View Sanitary Landfill Status: S Labor Hours Estimate: 0 Materials Estimate: 50 Equipment Estimate: 50 Date Entered: [ 22, 9o Date Updated: 2,,'2199 7:!8:27 A.\I Date Targeted: 3, a 99 Date .Assigned: L 22, 99 Date Started: [ 25 9~ Date Finished: [ £5.9o 3.50 hr S109.03 3.50 hr Si09.03 3.50 hr 531.50 10.00 yd S207.60 7.00 hr 0.00 hr 5457. I6 SUNEVIARY FOR WORKORDER: SD990001 Labor: Benefits: Equipment: Materials: Sales Tax: Total: $218.06 $0.00 $31.50 $207.60 $0.00 $457.16 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 7.00 0.00 7.00 3.50 0.00 3.50 $D990007 Page I 1. SUBJECT: Public Hearing Resolution # :2~ c~ , regarding recovery, of fees for the abatement of the property located at 108 N. Cambrian Avenue. AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: March 24. 1999 ORIGINATING DEPT.: Buildin~ Dept. ORIGINATOR: Judy Johnson DATE SUBMITTED: 2. CLEARANCES: (Comment on back if 3. EXHIBITS: · ..- I , /z. ,' / / ~ Comm. Dev. Dir.: /z-.-v~: / ./--~- -'--~- l ~,~-~.,._.-.;: ~ ,. - ,., / Resolution# .7.&c~q CiW Clerk: 2 Clerk Repo~ Ci~ A~omey~..~~~/~Z~ 3~ Photos ENDORSE~NT ~FO~TION ~PRO~D BY CO~C~ P~SIDENT FOR S~M~T~: 4. SUN~ARY STATEMENT AND REQU~EMENT FOR COUNC~ ACIION: On Janua~ 25, 1999, the Ci~ removed garbhge and debris from a garage located on the prope~ at 108 N. Cambrian Avenue after the owner, William Smokoff, fail~ to do so as ordered by the Building Official. The fees incurred for this action, including administrative fees, totaled Sl,276.16. Council must now decide if the fees are just and how they should be collected. RECOMMENDATION: It is recommended that Conncil, by Resolution # ~2 ¢ ~ ~, order that the fees incurred for the abatement of garbage and debris located at 108 N. Cambrian be collected as reasonable abatement costs and become a lien against the property. 9. RESPONSIBLE OFFICIAL: Judy Johnson ENFORCEMENT OFFICIAL: Judy Johnson EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AM DATE: 11. AGENDA BILLNO.: q~- O5~ 44 2. CLEARANCE COMMENTS: e IMPACT OF NON-PASSAGE: The City would forfeit the costs incurred for this action. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The City's revolving abatement fund would suffer the deficit of not collecting these funds. RESEARCH SOURCES: N/A RESOLUTION # ~, A RESOLUTION reviewing charges for the abatement of the property at 108 N. Cambrian and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 108 N. Cambrian Avenue; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how they should be collected; and has considered the report of charges filed by the Building Official and any protests or objection filed; and WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien against the property located at 108 N. Cambrian, now, therefore, BE IT RESOLVED, by the City Council of the City of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $1276.16 for the property located at 108 N. Cambrian, Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against the property. 19 PASSED, by the City Council of the City of Bremerton this day of MIKE SHEPHERD Council President ~ITY OF BREMERTON · 239 4th Street · Bremerton, WA 98337 Memorandum DATE: TO: FROM: RE: CC: February 91 1999 Paula JohnstOn, Deputy City Clerk Janet Lunceford, BDS II Abatement at 108 N. Cambrian Avenue Judy Johnson Paula--I have scheduled a public hearing for March 24, 1999 for Council to approve a lien for the removal of garbage and debris at 108 N. Cambrian Avenue after the owner, William Smokoff', failed to do so as ordered by the Building Official. The fees for the work, as per the attached interfund transfer, totaled $457.16. With the addition of the $819.00 administrative fee, the total of the lien will be $1,276.16. 43- Celebrating 50 Years of Freedom · CITY DEPARTMENTS ONLY INTERFUND TRANSFER FE8 -4 i9S9 DATE 2/3/99 BREMERTON BUILDING DEPAR~FER.~ 5962 TO COMPLETE THIS FOPuM IN DUPLICATE AND RETURN TO ACCOUNTS PAYABLE Building Department PWO-STR.EET DMSION FROM Abatements (REVENUE DEPARTMENT) (EXPENDITURE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary fo~: January 1999 LABOR EQUIPMENT MATERIALS SALES TAX TOTAL BLAB S1,059.14 S145.50 S445.08 $0.00 S 1,649.72 ACCOUNT 42-~'49.o900 AMOUNT ACCOUNT $1,649.72 AMOUNT (Sign Here~~ ~~ REVE~ARTM~NT SL~PERVISOR (Sign Here) EXPENDITURE DEPARTMENT SUPERVISOR Billing Details 2/3/99 7:55.'43 Akf CITY OF BREMERTON Page PWO-STREET DIVISION Customer: BLAB Date 1/20/99 s~oo~7 0054 0136 0583 3091 3039 DUMPOU 1/20/99 0054 0136 0583 3024 1/21/99 srmoot8 0054 3024 0136 0583 DUMPOU 1/21/99 srmoo~9 0054 0136 3024 0583 DU3'.4POU 1/21/99 0054 0136 0583 CDX1/2 3025 1/25/99 0054 0136 3024 DL~IPOU Building Department - Abatements Description BL:U3 102 N. Montgomery Clean-up Debris Bill Edwards Dean Smith Mark A. Thompson '87 [nfl 12yd. Dump Track '94 J'D410 BACKHOE Dump Fees - Oly. View Sanitary Landfill BLA.B 2817 Hefner Clean DeNs shed Bill Edwards Dean Smith Mark A. Thompson '93 GMC 1-TON BLAB 2817 Hefner Clean DeNs shed Bill Edwards '93 GMC 1-TON DL~WIP Dean Smith Mark A. Thompson Dump Fees - Oly. View Sanitary. Landfill BL.-LB 219 Shore Drive remove Debris Bill Edwards Dean Smith '93 GMC I-TON DL~[P Mark A. Thompson Dump Fees - Oly. Viexv Sanitary Landfill BL.UB 2234 Trenton Board up from Fire Bill Edwards Dean Smith Mark A. Thompson K/map Lumber CDX I,/2'' plywood '93 GMC 1-TON DL~ BLAB 108 N. Cambman Clean Out Garage Bill Edwards Dean Smith '93 GMC 1-TON DL~IP Dump Fees - Oly. Vie~v samta.ry Landfill Regular 1.00 hr 1.00 hr 1.00 hr 1.00 hr 1.00 hr 1.00 yd 1.00 hr 1.00 hr 1.00 hr 1.00 hr 2.50 hr 1.00 hr 2.50 hr 2.50 hr 2.00 yd 2.00 hr 2.00 hr 2.00 hr 2.00 hr 1.00 yd 2.50 hr 2.50 hr 2.50 hr 13.00 ea 2.50 hr 3.50 hr 3.50 hr 3.50 hr I0.00 yd Qvertim¢ Costs 53!.i5 531.t5 531.!5 526.00 532.00 520."6 53i.".5 531.[5 531.15 59.00 577.38 59.00 577.88 577.88 54t.52 562.20 562.50 5iS.00 $62.30 520.76 5--.38 520.00 $109.03 $109.03 55 '.50 520,.6,) 5 1 ..5a9.72 Work Order History 2/3/99 7:35:24 AM CITY OF BREMERTON PWO-STREET DI¥IS[ON Work Order #: SD990017 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority.: 1 Location ID: 1 History. #: 1 Title: BLAB 102 N. Montgomery Clean-up Debris Status: S Labor Hours Estimate: Ancillary Operations Building Department ANCILLARY OPERATIONS Colen Corey Colen Corey Abatements Unspecified Location Unspecified Equipment Work Description Clean up debris off alley @ 102 Montgomery, remove shopp- mg cart too. 0 Materials Estimate: 50 Equipment Estimate: Date Entered: i 20, 9~ Date Updated: 2, 2,"99 7: l S:2- Date Targeted: 2- -t, 9,~ Date Assigned: ! 20,,9~ Date Started: I. 20 Date Finished: 990173 N4014280 No BLAB 0054 0136 0583 3091 3039 DUMPOU BLAB 102 N. Montgomery Clean-up Debris Bill Edwards Dean Sm/th Mark A. Thompson '87 imt'l 12yd. Dump Truck '94 J'D410 BACKHOE Dump Fees - Oly. View Sanitary Landfill SU~h~IARY FOR WORKORDER: SD990017 1.00 hr 531.15 1.00 hr 531.15 1.00 hr 531.1_< 1.00 hr 526.00 1.00 hr 532.00 1.00 yd $20.-6 3.00 hr 0.00 hr $ i-2.2 ~. Labor: Benefits: Equipment: Materials: Sales Tax: Total: $93.45 $0.00 $58.00 $20.76 $0.00 $172.21 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 3.00 0.00 3.00 2.00 0.00 2.00 SD9900'I7 Page t Work Order History 2/3/99 7.'58.'49 AM CITY OF BREMERTON PWO-STREET DIVISION Work Order #: SD990018 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority: 1 Location ID: 1 History #: I Title: BLAB 2817 Hefner Clean Debis shed Ancillary Operations Building Department ANCILLARY OPERATIONS Colen Corey Colen Corey Unspecified Location Unspecified Equipment Abatements Lots of Garbage from storage shed on lot, remove. Work Description Status: S Labor Hours Estimate: 0 Materials Estimate: $0 Equipment Estimate: $0 Date Entered: i 20, 99 Date Updated: 2/2/99 7:!5:27 A.M Date Targeted: 5.-t q~ Date Assigned: ! 20..9n Date Started: [ 20 90 Date Finished: i 2! 9~ *~0174 N~14280 No BLAB 0054 0136 0583 3024 N4014250 No BLAB 0054 3024 0136 0583 DUqMPOU BLAB 2817 Hefner Clean Debis shed Bill Edwards Dean Smith Mark A. Thompson '93 GMC 1-TON DUMP BLAB 2817 Hefner Clean Debis shed Bill Edwards '93 GMC I-TON DU~rP Dean Smith Mark A. Thompson Dump Fees - Oly. View Sanitary Landfill 1.00 hr $3I.lf 1.00 hr S31.1f 1.00 hr $31.!_< 1.00 hr S9.00 2.50 hr 1.00 hr $9.00 2.50 hr 2.50 hr 57-.38 2.00 yd Ygl.f2 10.50 hr 0.00 hr 5186.61 SU~EMARY FOR WORKORDER: SD990018 Labor: Benefits: Equipment: Materials: Sales Tax: Total: $327.09 $0.00 $18.00 $41.52 $0.00 $386.61 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: IO.,<O 0.00 IO.,<O 2.00 0.00 2.'30 $D990018 Page 1 Work Order History 2/3/99 8:06:09 AM CITY OF BREMERTON PWO-STREET DIVISION Work Order #: SD990019 Project It: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority: 1 Location ID: 1 History #: 1 Title: BLAB 219 Shore Drive remove Debris .~mcitlary Operations Building Department ANCILLARY OPERATIONS Colen Corey Colen Corey Unspecified Location Unspecified Equipment Abatements Work Description Status: S Labor Hours Estimate: 0 Materials Estimate: $0 Equipment Estimate: 50 Date Entered: i 20. °,9 Date Updated: 2,2/99 7:18:27 A.\i Date Targeted: 3, a, 90 Date Assigned: ~ 20.90 Date Started: [ 21 9~ Date Finished: I. 2: 9c Remove garbage in concrete burning pit back yard, owner i mentally ill, if any problems contact BPD 1/21/99 990185 s~m42so BLAB 219 Shore Drive remove Debris No BI. AB 0054 Bill Edwards 2.00 hr 0136 Dean Smith 2.00 hr 3024 '93 GMC 1-TON DUMP 2.00 hr 0583 Mark A. Thompson 2.00 hr DUMPOU Dump Fees - Oly. View Sanitary Landfill 1.00 yd 6.00 hr 0.00 hr $62.30 562.3{) $18.00 562.30 520.76 5225.66 SUMbIARY FOR WORKORDER: SD990019 Labor: $186.90 Benefits: $0.00 Equipment: $18.00 Materials: $20.76 Sales Tax: $0.00 Total: $225.66 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 6.00 0.00 6.00 2.00 0.00 2.00 SD9900'19 Page Work Order History 2/3/99 8:19:43 Ag,[ CITY OF BREMERTON PWO-STREET DIVISION Work Order #: SD990016 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority: 1 Location ID: 1 History. #: 1 Title: BLAB 2234 Trenton Board up from Fire Ancillary Operations Building Deparmaent Abatements ANCILLARY OPERATIONS Colen Corey Colen Corey Unspecified Location Unspecified Equipment Work Description Status:S Labor Hours Estimate: Materials Estimate: 50 Equipment Estimate: Date Entered: ! 20 99 Date Updated: 2.2.99 7:18:27 Date Targeted: 3 Date .assigned: i 20. Date Started: 1 2'. 9t3 Date Finished: ': 2t 2234 Trenton board up as per building department from Fire All items in yard to be placed in the house before secung N~,~2S0 BLAB 2234 Trenton Board up from Fire No BLAB 0054 Bill Edwards 2.50 hr 0136 Dean Smith 2.50 hr 0583 Mark A. Thompson 2.50 hr CDX1/2 K.it. sap Lumber CDX 1/2" plywood 13.00 ea 3025 '93 GMC 1-TON DUMP 2.50 hr 7.50 hr 577.S8 $7Z$8 5-7.88 $15a.;z 520.00 0.00 hr 5;(38.08 SU3,EMA.RY FOR WORKORDER: SD990016 Labor: $233.64 Benefits: $0.00 Equipment: $20.00 Materials: $154.44 Sales Tax: $0.00 Total: $408.08 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 7.50 0.00 7.50 2.50 0.00 2.50 SD990076 Page 1 Work Order History 2/3/99 8:34:28 AM CITY OF BREMERTON PWO-STREET DIVISION Work Order #: SD990001 Project #: N4014250 Customer: BLAB Work T~vpe: AO Supervisor: 0524 Lead Employee: 0524 Priority.: 1 Location II): 1 History #: i Ancillary Operations Building Department ANCILLARY OPERATIONS Colen Corey Colen Corey Title: BLAB 108 N. Cambman Clean Out Garage Abatements Unspecified Location Unspecified Equipment Work Description Remove all debm in Garage off the Alley 108 N Cambrian Status: S Labor Hours Estimate: Materials Estimate: $0 Equipment Estimate: 50 Date Entered: 1:2, 99 Date Updated: 2/2, 99 7:18:27 Date Targeted: 3 4, 90 Date Assigned: i 22.90 Date Started: t 25:90 Date Finished: t, 25 NaOla280 No BLA~ O054 0136 3024 DUMPOU BL,MB 108 N. Cambrrian Clean Out Garage Bill Edwards Dean Smith '93 GMC 1-TON DUTV[P Dump Fees - Oly. View Sanitary Landfill 3.50 hr 5109.03 3.50 hr 5109.03 3.50 hr S31.50 10.00 yd 5207.60 7.00 hr 0.00 hr S457.16 SUMMARY FOR WORKORDER: SD990001 Labor: Benefits: Equipment: Materials: Sales Tax: Total: $218.06 $0.00 $31.50 $207.60 $0.00 $457.16 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 7.00 0.00 7.00 3.f0 0.00 3.50 SD990001 Page AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 24, 1999 PUBLIC HEA/~ING/RESOLUTION # ~97 DEPT. OF ORIGIN: DECD - Planning ACTION: One Year Extension for Final Plan ORIGINATOR: Jon Holan submission for PUD 96-0002, DATE SUBMITTED: March 16, 1999 Sinclair Landing - Bremerton Transportation Center APPLICANT: Kitsap Transit LOCATION: 234 South Wycoff Avenue 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: DECD Director : .,/~~~----7'~ ×~' CC Resolution No. ~ .// Notice of Public Hearing. ~i.~//'--- ~ / Staff Report & Attachments City Attorney~ .- ./ 4. SUMMA~Y STATEMENT ARD REQUIREMENT FOR COUNCIL ACTION: Council must decide if the applicant's request for a one time one year extension for submission of the Final Plan for PUD 96-0002, Bremerton Transportation Center. The applicant must show that progress is being made and that it is very likely that the Final Plan will be submitted within the extended time period. 5. RECOMMENDATION: Planning Staff recommends that the one time one year extension be approved. RESPONSIBLE OFFICIAL: Jon Holan ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 7. NOTICE OF ACTION APPROVED DISAPPROVED DATE 8. AGENDA BILL NO.: ~D 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: Failure to approve the extension by March 26, 1999 would result in the expiration of Preliminary PUD 96-0002. 11. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Additional staff resources will be required to review the PUD's ~Final Plan. 12. RE SEARCH SOURCE S: Zoning Ordinance File ATTACHMENT TO: AGENDA BILL BEFORE ~ CITY COUNCIL OF THE CITY OF BREMERTON In re SINCLAIR LANDING PLANNED UNIT DEVELOPMENT, Kitsap Transit, Applicant. PUD 96-OOO2 Resolution The Bremerton City Council, having heard this matter in open session and being otherwise fully advised, finds, concludes, and resolves as follows: FINDINGS This is an application pursuant to BMC 21.02.520 for an extension of time limit for action on a preliminary plan for a PUD. The PUD at issue is commonly known as Sinclair Landing. The Council held a public hearing with proper notice on 24 March 1999. At this hearing the Council accepted into the record and reviewed the application, the staff analysis and recommendation, and evidence from citizens, including testimony. Under a master development agreement, the PUD has two, distinct portions with two separate developers: 1) the Bremerton Transportation Center, of which Kitsap Transit is the developer, and 2) the balance of the PUD, of which Commercial Group is the developer. This application and resolution deal only with the former. The Council approved the Preliminary Plan on-~ March 19~. No Final Plan has been submitted. ~ ~' ~ 7. Kitsap Transit has made the following progress under the Preliminary Plan: 1) receipt of sufficient funding to construct the facility; 2) receipt of a shoreline permit; 3) approval of foundation permits; 4) commencement of foundation construction; 5) application for building permits; 6) removal of surplus buildings; and 7) drafting of utility and traffic control improvement plans. Most detailed engineering plans have been submitted. There is nothing preventing the remainder from being submitted within a year. Improvement installation plans are being submitted and reviewed. No rezoning or covenants, conditions, and restrictions are needed. Environmental impacts have been addressed in the Mitigated Determination of Nonsignificance issued 4 December 1996. CONCLUSIONS The Preliminary Plan would expire 26 March 1999 unless either a Final Plan were submitted or an extension granted pursuant to BMC 21.02.520(a). Kitsap Transit has timely filed for an extension. Kitsap Transit has shown that it has made progress under the Preliminary Plan and that it is very likely that a Final Plan will be submitted with the one-year extension requested here. THEREFORE BE IT RESOLVED: Kitsap Transit is granted a one-year extension pursuant to BMC 21.02.520. The extension shall expire unless a Final Plan conforming to BMC Chapter 21.02 is filed within the extension period. Dated this day of March 1999. BREMERTON CITY COUNCIL MIKE SHEPHERD, Council President ATTEST: KATHLEEN McCLUSKEY, City Clerk Date: March 24, 1999 To: City Council From: Phil Berry, Director of Community and Economic Development Subject: Time Extension for Preliminary PUD 96-0002, Kitsap Transit Background: The City Council on March 27, 1997 adopted Resolution 2588 (see Attachment 1) approving Pre 'hminary Planned Unit Development Number PUD 96-0002, known as Sinclair Landing. The proponent at that time was the Sinclair Landing Association. The PUD was for the development of commercial retail and office, and residential development as well as the development of a transportation facility known as the Bremerton Transportation Center (BTC). The overall development covers approximately 22.5 acres with the commercial/residential portion comprising 21.41 acres and the BTC covering 1.21 acres. (Note: There is some overlap in acreage because a portion of the commercial/residential component of the PUD, the Commuter Retail Building is located in part of the area for the BTC.) On March 18, 1998, the Sinclair Landing Association, the City of Bremerton, The Commercial Group (developers of the commercial/residential portion of the PUD), Kitsap Transit, and Port of Bremerton entered into the "Sinclair Landing Master Development Agreement." As part of that agreement, Sinclair Landing Associates assigned that portion of the PUD pertaining to the BTC (excluding the Commuter Retail Building) to Kitsap Transit. According to Section 21.02.520 (a) of the Bremerton Municipal Code, within two years of Council approval of the Preliminary PUD the applicant shall either file a Final Plan for the PUD or the Council may approve an one year extension on the preliminary. Since no Final Plan has been filed on the transportation center, Kitsap Transit is requesting a one year extension on the Preliminary PUq3 (see Attachment 2). A similar request is being made by The Commercial Group for the other portion of the PUD. It should be noted that Condition 19 of the PUD approval indicates that the Final Plan for Phase 1 of the PUD must be submitted by the end of 1999. The Assistant City Attorney has indicated that the extension request, if approved, is a modification of the permit approval and would extend the first phase submittal to March of 2000. ANALYSIS: Standards of the Extension Approval: Section 21.02.520 (a) states that, "The City Council may approve a one year extension of the time [of the Preliminary Plan] upon a showing by the applicant that progress is being made and that it is very likely that the Final Plan will be submitted within the extended time period." The following is a discussion ofKitsap Transit's request for the time extension in relation to the two standards for approving the extension. Preliminary PUD 96-0002 Time Extension Request - Kitsap Transit March 24, 1999 Page -2- Progess is Being Made: Kitsap Transit has made substantial progress in developing the transportation center. The Agency has received sufficient funding to construct the facility. They have also submitted the required shoreline permit application for the transportation center and received approval of SCU 96-0001 in 1998. Further, they have received approval for the foundation permits for the center and begun the foundation construction. The application for the building permits for the center has been submitted. As part of the site preparation work, the Agency has removed several buildings in the area. They have also been working with the Public Works Department concerning utility improvement plans, traffic control plans during construction and operation, and stormwater drainage and water quality improvements which will benefit the Pacific Avenue basin within the City. Final Plan Likely to be Submitted: According to the Municipal Code, the Final Plan includes: Any modifications to the underlying zoning standards which were part of the Preliminary PUD approval; Final detailed engineering plans on: - Drainage, - Grading, - Trash collection, - Fire hydrants, - Waste disposal systems, - Water systems, - Electrical systems, - Street improvements, and - Other necessary public improvements. Necessary agreements to assure installation of all improvements; Any needed Covenants, Condkions, and Restrictions to provide for ongoing maintenance and repair of all private service facilities held in common. The Final Plan may be submitted for the entire PUD or phases as adopted by the Preliminary PUD approval. According to Kesolution 2588, Building 1, which is the BTC, is part of the Phase 1 development. The BTC requires no zoning ordinance modifications. As can be seen from the current progress being made, the detailed engineering plans for many of the key applicable improvements such as street, waste disposal, water, drainage, electrical and hydrants are currently under review. Other plans such as trash collection can readily be addressed within the one year time extension. As pan of this review process, necessary arrangements to assure installation of improvements are being Preliminary PUD 96-0002 Time Extension Request - Kitsap Transit March 24, 1999 Page -3- addressed. Since the BTC is a public facility, there is no need for any Covenants, Conditions and Kestrictions unless required through the review process for utility access. SEPA: A Mitigated Determination of Non-Significance (MDNS) was issued for this project on December 4, 1996. Since this request is for the extension of the original project, the MDNS is adequate for this proposed request. Further, staff would also note in support of this determination that there has not been any substantial change in the environment where the facility is being built and no substantial new information has been discovered since the approval of the Preliminary PUD. In addition, it should be noted that this determination takes into account recent issues related to ferry wake impacts on beach homes in Rich Passage. Stafffinds that this is not an issue related to this particular permit extension since the ferry operations are currently occurring and will continue to occur regardless of the development of the BTC. Although the BTC will accommodate one additional foot ferry over present conditions, the wake issue, if it is found to be an impact, is the responsibility of the Washington State Department of Transportation through operational and/or vessel design modifications. CONCLUSION AND RECOMMENDATION: Based on the above discussion, staff finds that Kitsap Transit has made substantial progress in the development of the Bremerton Transportation Center and that it is likely that the Final Plan will be submitted within the one year time extension. Therefore, staff recommends that the City Council approve Kitsap Transit's request to extend for one year that portion of Preliminary PUD 96-0002 pertaining to the Bremerton Transportation Center. JON HOLAN Planning Manager ATTACHMENT I RESOLUTION NO.: 2588 RESOLUTION ACCEPTING ~ PRELIMINARY PLANN'E,D UNIT DEVELOPMENT OF "SINCLAIR LANDING", LOCATED WITI:HN THE AREA GENERALLY BOUNDED BY: PUGET SOUND NAVAL SI:HPYARD AND PARK AVENUE (AVE.) ON ~ SOUTH AND WEST; FOURTH STREET (ST.) BETW'E~N PARK AVE. AND PAC'IFIC AVE. ON ~ NORTH, AND SINCLAIR INLET ON EAST INCLUDING WATERFRONT PARCELS TO FIFTH ST. WWEREAS, SINCLAIR LANDING ASSOCIATION, proponent for the proposed Sinclair Landing Planned Unit Development, comprising approx/mately 22.5 acres and located within the Central Business District within the City of Bremerton, has made application for approval of a Preliminary PLANNED UNIT DEVELOPMENT, and WEYE~S, an environmental checklist has been prepared and considered by the responsible official and a mitigated determination of environmental nonsignificance issued, and WIt-EREAS, the Planning Commission held a public meeting concerning this matter on January 21, 1997; and WHEREAS, the Planrfing Commission recommended to the Council that the "Sinclair Landing" Preliminary Planned Unit Development be accepted subject to certain conditions: and WIt'EREAS, the Bremerton City Council held a public hearing on March 26, 1997, concerning the preliminary Planned Unit Development with mitigating conditions; NOW, THEREFORE BE IT RESOLVED BY TWK~ BREMERTON CITY COUNCIL That the "Sinclair Landing" Prelimina~ Planned Unit Development presented for approval az set forth ha the PUD Project Manual and Plan Sheets is hereby accepted subject to the following conditions: Earth: Implement a temporary erosion and sedimentation control plan (TZSC?.) as approved by the City. Minimize exposed soil during construction.; construct truck t~re cleaning areas: cover dump beds as required by state law: cover stockpiled earth and exposed cuts; route runoff to temporary sedimentation points; employ best management practices to control erosion; construct a concrete truck wash-down area; periodically sweep the streets with street sweepers; and phase construction to minimize exposed areas. Air: Implement erosion control measures as approved by the City. ~,~rinimize area of exposed soil during corm"ruction or demolition; hose debris during demolition; construct truck #re cleaning area: cover dump beds as required by state law; cover stockpiled earth and exposed cuts; employ best management practices; periodically wet sweep streets. Comply with Puget Sound Air Pollution Control Agency (PSAJ°CA) Regulation 1, Section 9.15 requiring reasonable precautions to avoid dust emissions. Implement proposed Planned (;'nit Development (PUD) traffic, transit, and pedesrricrn improvements to improve circulation. Surface, Ground, and Runoff Water Impacts: Locate existing surface parking areas underground and partially cover the Bremerton Tramportarion Center AC) car waiting areas. Install and maintain oil,-Water separators as required by City stormwater regulation. Implement: WA. ST Deparrraent of ~Vildlife 's Hydraulic Project Approval (7-t?A) conditions: U.S. Army Carp of Engineer's Section 10 condinons: applicable local, state, crnd federal water quality guidelines. Use concrete marma floats; use concrete or steel pilings iv. stead of creosote wood pilings; construct interconnecting replacement First St. bulkhead in the d~?. Plants: Use landscaping plants or similar measures to provide replacement vegetation on the site. Incorporate street and pubiic space landscaping into project as proposed. kVildlife : Remove existing First St. Dock and approximately 120 creosote timber pilings which covers 12, 600 square feet of intertida! area. Remove existing First St. fill which covers intertidal area. dqemove 45 creosote timber pilings that support the Wheelhouse deck. Implement HPA crnd Corps Section i0 conditions. Energy: Conform with appficable City and State energy code requirements. Create new pedestrian facilities as proposed to reduce auto energy use. Implement one-way couplet street system, and other circulation improvements to increase transportation efficiencies and lower energy use. 10. Il. !2. 13. 14. 15. Environmental Health: Property or business owners to comply with applicable local, state, or federal law regulating the storage, handling, or use of hazardous materials. Noise: Properly size and maintain equipment mufflers, engine intake silencers, engine enclosures; turn off idling equzpment; allow noisy operations from 6:30 A.M. to 9:00 P.M. unless special circumstances approved by construc#on martager, Construct BTC as proposed which serves as noise barrier between terminal and waterfront park. Larui, Shoreline Use, Housing: Create approximately 79 additional housing units than exzst. Create new commercial and redevelop commercial space as proposed Provide business relocation assistance as required by state law. Lmnd Use Planning: Incorporate uses - retail, parking, office, entertainment, transit as permitted under zoning. Preserve views to Sinclair Inlet in conformance with Downtown Waterfront Urban Renewal Plan (D~). Create: Washington Ave. Plaza; open space adjacent to Waterfront Park; and linear waterfront Pathway-Park. Relocate marina as recognized in the City's D~ff. rR.P Design Element. Aesthetics: Create view corridors through waterfront and along Burwell St. as proposed to preserve views. Create linear waterfront pathway as proposed to view Sinclair Inlet and other natural attractions. Conform to City zoning with regards to height and bulk as applied through PUD process. Comply with City's Design Review standards required by the D grURP. Place current waterfront parking below the surface as proposed Light and Glare: Design lights within BTC and relocated marina so as to not create off- shore glare. Obtain United States Coast Guard ,FUSCG) approval of marina entrance marking lights. Recreation: Create Second St. pedestrian walkway. Create new linear ~r~aterfront Pazhwcp/- Park (esplanade) from Waterfront Park to Fifth St. and create lateral access points to the existing V/aterfront Park and new ?athway-Park. Create a new public plaza at lx/ashington Ave. And Second St. and expcmd t, Vaterfront Park. Probide alternative siting for Wycoff P,-'r,k as approved by Puget Sound Naval Shipyard (PSNS) and City Parks Dept. Cultural and Archeologicat: ~Votify State Historic Preservation QOqce (SHPO) if archeological resources are identified during construction. Provide Public Art in compliance with D WURP recptirements. Transportation: Separate pedestrian, transit, and cmto traffic as proposed to enhance traffic safety. Coordinate BC construction staging plan with WA ST Department of Trartsportation, City, Port of Bremerton, and Kitsap Transit. Coordinate construction traffic routing plan with City and Kitsap Transit. Vacate and dedicate rights-of-way as described in rights-of- way vacation application. Compensate the City as required by State and City laws for vacated rights-of-way. 16. Public Services: Provide fire protection systems for buildings according to Uniform Fire Code requirements. Upgrade existing stormwater arui water lines serving ~e project site as required by City's Public Works Director. Coordinate replacement of utility services with Puget Power, WA Natural Gas, US West, and City to minimize disruptions. 17. Scope of approval: This approval recognizes the preliminary conceptual and phased na~e of the project. As allowed by the zoning ordinance: a) The ultimate development with specific uses and sites may change crt the time of the Final PUD application(s); b) Final PUD approval(s) shall be subject to the Final PUD approval criteria of the :oning ordinance. Final PUD application(s) shall require signature(s) from all affected property owners signifying their acceptance of the plan and application(s). This preliminary PUD approval does not mandate participation by any or all property owners within the boundaries of the PUD, allowing arty or all property owners to utilize their property in conformance with :oning regulations. 18. The site plan is amended to include the Pacific Gateway concept as presented at public hearing March 26, 1997. This concept includes rights-of-way which are not included in the original submittal. I9. Final PUD submittal for phases to be submitted asfollows: Phase 1:1997 through 1999- Buildings 1, 2, 3, 4, 5, 12, 15, and 16; Phase 2:1999 through 2001- Buildings 8, 9, 10, 11, 20 and 23; Phase 3: 200t through 2003 - Remainder of the PUD elements. Required code amendments to implement this phasing will be prepared withLq the two year prelimina~ PUD period. Property in the City limits of Bremerton included in tl~is Preliminary Planned Unit Developmem is described as follows: LEGAL DESCRIPTIONS: Lots 9 to 14 Block 1; Lots 1 to 9 Block 2; Lots 1 to 19 Block 3; Lots 1 to 8 Block 4; Lots 1 to 29 Block 7; Lots 1 to 34 Block 8; Lots I to 34 Block 8; Lots 1 to 26 Block 9; Lots 1 to 9 Block 10; Lots 1 to 50 Block 14, Town of Bremerton plat as recorded in volume 2, page 30 of the plat records of Kitsap County and the followLng waterfront tax lots: 242401-2-009-2006; 132401-3-0 ! 5-2009; 132401-3-033-2007; 242401-2-011-2004; 24201-2-010-2003; 242401-2-055-2000; 24240 l-2-006-2009; 132401-3-014-2000; 132401-3-199-2007; 24240 I-2-004-2001; 3718-001-009-0006 PASSED by the City Council thi~ ~ day of March, 1997. President, City Council APPROVED this day of ~ ,1997. ORTON, Mayor ATTEST: KATIqq~EEN L. ~cCL~SKEY, City Clerk Rea2.Sgg. doc ATTACHMENT 2 KITSAP TRANSIT March 9, 1999 Mayor Lynn Horton City of Bremerton 239 44 Street Bremerton, WA 98310 Re: Planned Unit Development (PUD) extension for the Bremerton Transportation Center (BTC) and Commuter Retail Building (CRB) Dear Mayor Horton, Kitsap Transit hereby requests a one-year extension of the BTC portion of the Sinclair Landing PUD, including the CRB, which is to be constructed on the BTC pad (although it is shown as part of the commercial development portion of the Sinclair Landing PUD). The latter may require transfer of the CRB element of the commercial portion of the Sinclair Landing PUD to Kitsap Transit, or to joint ownership between Kitsap Transit and The Commercial Group (TCG). Under the Master Developer Agreement, such a transfer or co- assignment would require the approval of the other involved parties, including TCG, and we will be seeking such an approval. We understand that an extension of a PUD is contingent on showing reasonable progress in pursuit of said PUD. Clearly, the fact that Kitsap Transit is under construction on the BTC project should be sufficient evidence of a reasonable level of diligent pursuit of the B TC/CRB project. However, it is a design-build project and while we can show actual construction and completed financing, we cannot show the third leg of a final PUD, which is completed construction drawings. We would suggest that this is an inconsequential flaw related to the PUD ordinance not envisioning a major project being constructed under a design-build process, in which construction drawings are completed in stages rather than in their entirety prior to construction initiation. We would therefore request an extension based on completed financing and initiation of construction. We understand that any such extension, transfer, or assignment would not remove any requirements to meet the final PUD criteria. With respect to the request of TCG for an extension (TCG letter of 3/3/99), we do not have any objections to the city extending the commercial portion of the PUD. We certainly agree with the tenor of the last three sentences of the TCG letter and we support an extension--or any terms or requirements you may place on TCG to demonstrate progress, to mediate differences among its 2,.q4 South Wyco# Phone: f21601 47~q-~q62 FAX .' Bremerton, Washington 98312-4199 377-70R6 W~hsit~.' www lcitgRntr~n.~/f nrc7 members and the city, or the like. But, we certainly respect that the city, as the regulatory body in this situation, has the right to make whatever decision it wishes concerning this next stage. Finally, we Would like to make it clear to all parties, and particularly to the city, that we remain ready to assist, in any way we can, with further progress toward completion of the next stages of the downtown redevelopment process. This would include partnering with the city and current or other developers to continue along the redevelopment lines initiated by the Sinclair Landing process, or along other lines if different opportunities arise to continue downtown Bremerton redevelopment. We very much appreciate the assistance the city has been in this process to date and hope that we all can continue to work together and make progress on these matters. Sincerely, Sincerely, Richard M. H Executive Director General Counsel for Kitsap Transit CC~ TCG, Randy McGreal Port of Bremerton, Richard Brandenburg Sinclair Landing Association, Rob Schneidler City of Bremerton, Glenna Malanca City of Bremerton, Phil Berry Page 2 of 2 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 24, 1999 PUBLIC HEAi~ING DEPT. OF ORIGIN: DECD - Planning ACTION: One Year Extension for Final Plan ORIGINATOR: Jon Holan submission for PUD 96-0002, DATE SUBMITTED: March 16, 1999 Sinclair Landing - Commercial/Residential Portion of Development AI~PLICANT: The Commercial Group LOCATION: P.O. Box 10145 Bainbridge Island, WA 98110 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: DECD Director : ~ City Attorney ~_, ~ ~-- / ENDORSEMENT ~ INFORMATION A~PPROVED BY COUNCIL PRESIDENT F~DR SUBM]L~TAL: 4. S~Y STATE~NT ~ ~QUI~NT FOR CO~CIL ACTION: Council must decide if the applicant's request for a one time one year extension for submission of the Final Plan for PUD 96-0002, Commercial/Residential Portion of Development. The applicant must show that progress is being made and that it is very likely that the Final Plan will be submitted within the extended time period. Pd~ COMMENI)AT I ON: That the City Council continue this matter to Wednesday, April 21, 1999. RESPONSIBLE OFFICIAL: Jon Holan ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: APPROVED NOTICE OF ACTION DISAPPROVED DATE 8. AGENDA BILL NO.: 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: Failure to approve the extension by March 26, 1999 would result in the expiration of Preliminary PUD 96-0002. 11. IMPACT ON STAFFING~ BUDGETSf FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Additional staff resources will be required to review the PUD's Final Plan. 12. RESEARCH SOURCES: Zoning Ordinance File Date: March 24, 1999 To: City Council From: Phil Berry, Director of Community and Economic Development Subject: Time Extension for Preliminary PUD 96-0002, The Commercial Group Background; Thc City Council on March 27, 1997 adopted Keso|ution 2588 (see Attachment 1) approving Pre 'Itminary Planned Unit Development Number PUD 96-0002, known as Sinclair Landing. The proponent at that time was the Sinclair Landing Association. The PUD was for the development of commercial retail and office, and residential development as well as the development of a transportation facility known as the Bremerton Transportation Center (BTC). The overall development covers approximately 22.5 acres with the commercial/residential portion comprising 21.41 acres and the BTC covering 1.21 acres. (Note: There is some overlap in acreage because a portion of the commercial/residential component of the PUD, the Commuter Retail Building, is located in part of the area for the BTC.) On March 18, 1998, the Sinclair Landing Association, the City of Bremerton, The Commercial Group (developers of the commercial/residential portion of the PUD), Kitsap Transit, and Port of Bremerton entered into the "Sinclair Landing Master Development Agreement" (see Attachment 2). As part of that agreement, Sinclair Landing Associates assigned that portion of the PUD pertaining to the BTC (excluding the Commuter Retail Building) to Kitsap Transit. The remaining portion of the PUD was assigned to the Master Developer, which is The Commercial Group (see Section V.C. PUD on page 8 of the Agreement). According to Section 21.02.520 (a) of the Bremerton Municipal Code, within two years of Council approval of the Preliminaxy PUD the applicant shall either file a Final Plan for the PUD or the Council may approve an one year extension on the preliminary. Since no Final Plan has been filed on the commercial/residential portion of the permit, The Commercial Group is requesting a one year extension on the Preliminary PUD (see Attachment 3). A similar request is being made by Kitsap Transit for the other portion of the PUD. It should be noted that Condition 19 of the PUD approval indicates that the Final Plan for Phase 1 of the PUD must be submitted by the end of 1999. The Assistant City Attorney has indicated that the extension request, if approved, is a modification of the permit approval and would extend the first phase submittal to March of 2000. The applicant contends that an extension of the Preliminary PUD approval is unnecessary (see Attachment 4). They contend that Paragraph F of the recitals in the Sinclair Landing Master Development Aggreement modified the phasing of the PUD to include only the Bremerton Transportation Center (BTC) as the only portion of the first phase. As discussed below, the approval of the Preliminary PUD included the BTC and other retail/commercial components. The applicant also contends that the Final PUD for the BTC has been met and they as co-applicants have completed the Final PUD for PUD 96-0002 and not only for the BTC. Preliminary PUD 96-0002 Time Extension Request - The Commercial Group March 24, 1999 Page -2- First, the requirements of the zoning ordinance takes precedence and must be met. As mentioned above, the ordinance requires that within two years after the Preliminary PUD approval, either the Final Plan be submitted or the City Council grant a one year time extension on the preliminary. Second, Staffbelieves the applicant's interpretation of the Master Development Agreement is in error and that the Final Plan has not been submitted. Recitals of an agreement merely states certain facts surrounding the agreement but is not part of the terms of the agreement itself. This is illustrated in the agreement aRer Recital F when it states, "Now, Therefore, the parties agree as follows:." Staff's review of the Master Development Agreement indicates that there are no provisions within the terms of the agreement that modifies the approved phasing schedule under the original PUD application. As a result, the PUD phasing has not been modified by the agreement. Further, The Commercial Group is not a co-applicant on the BTC. AS mentioned above, the Master Development Agreement identified two different parties to be responsible for different portions of the PUD. This is the reason that two different extension requests are being considered by the Council. Regarding the issue of the final PUD approval on the BTC, as indicated in the staff report on that extension request, Kitsap Transit has prepared many of the elements required for the Final Plan. However, the Final Plan has not yet been submitted and is the reason Kitsap Transit is requesting the time extension. As a result of the above situation, staff maintains that, pursuant to the requirements of the Bremerton Municipal Code, the applicant needs to request an extension on the Preliminary PUD approval if the PUD is to remain active. ANALYSIS: Standards of the Extension Approval: Section 21.02.520 (a) states that, "The City Council may approve a one year extension of the time [of the Preliminary Plan] upon a showing by the applicant that progress is being made and that it is very likely that the Final Plan will be submitted within the extended time period." The following is a discussion of The Commercial Group's request for the time extension in relation to the two standards for approving the extension. Progress is Being Made: The Commercial Group has taken some initial steps in developing the commercial/residential portion of the PUD. The applicant has submitted a Project Description to the City Council as part of its responsibilities under the Master Development Permit. Further, according to materials submitted with the extension request, The Commercial Group has been actively seeking tenants and partners to finance the project. In addition, the applicant has met with property owners within the PUD project area to engage their involvement. Further, The Commercial Group has engaged design and economic consultants as well as a general contractor and land appraisers to move the project forward. To this end, The Commercial Group indicates it has expended $ 746,000 to pursue the implementation of the PUD. Preliminary PUD 96-0002 Time Extension Request - The Commercial Group March 24, 1999 Page -3- However, The Commercial Group presented the Project Description to the City Council on September 23, 1998 and February 3, 1999. As a result of this review process, The Commercial Group was required by the City Council to provide to the City: Future tenant commitments as recommended by the City's Financial Analyst; - Responses to reasonable inquiries and verification requests by the City's Financial Analyst; - Arrangements for sufficient Public Attractions; Detailed construction estimates; - Updates on their efforts to purchase necessary properties within the project area; and - Acceptable parking for the Marina. To date, the applicant has not provided any information to indicate how they have met or are meeting these requirements as part of its demonstration of making progress on the PUD. It should be noted that the shoreline approval process is intended to be phased. To date, the only portion of the Preliminary'PUD which has received shoreline approval is identified as Phase A/B and includes the Commuter Retail Building and the BTC. As a result, there has not been any shoreline permit approval for any of the proposed commercial/residential development portion of the Preliminary PUD including the waterfront park and waterfront esplanade. The City Council can consider this situation in making its determination that progress has been made by the applicant. Staff did not consider this issue since there is no requirement that the shoreline approvals must precede Final Plan submittal. Further, the shoreline permits for the commercial/residential portion of the development could be requested at any time without necessarily delaying the PUD process. Final Plan Likely to be Submitted: According to the Municipal Code, the Final Plan includes: Any modifications to the underlying zoning standards which were part of the Preliminary PUD approval; Final detailed engineering plans on: - Drainage, - Grading, - Trash collection, Preliminary PUD 96-0002 Time Extension Request - The Commercial Group March 24, 1999 Page -4- - Fire hydrants, - Waste disposal systems, - Water systems, - Electrical systems, - Street improvements, and - Other necessary public improvements. Necessary agreements to assure installation of all improvements; Any needed Covenants, Conditions, and Restrictions to provide for ongoing maintenance and repair of all private service facilities held in common. The Final Plan may be submitted for the entire PUD or phases as adopted by the Preliminary PUD approval. Phase 1 includes the Bremerton Transportation Center, the Commuter Retail Building which is in the same development area as the BTC, four other commercial buildings, a parking structure, a waterfront park and waterfront esplanade. Excluding the BTC, this initial phase of the development includes: 193,360 square feet of retail space 141,118 square feet of office space 59,763 square feet of miscellaneous space (museum and health club) 99 room hotel 714 Parking spaces The Preliminary PUD approval also specifies that signatures from all affected property owners are required as part of the Final Plan application. As indicated above, the applicant must demonstrate that it is likely that the Final Plan can be submitted within the time extension. Thus, the applicant must show that it is feasible to obtain affected property owners' signatures, and submit final detailed engineering plans and any covenants and restrictions in one year. The commercial/residential development requires no zoning ordinance modifications and such amendments would not be needed for the Final Plan submittal. The applicant did indicate in a project time line submitted with its request that the Final Plan would be submitted by February 14, 2000 (line 8 of the timeline). However, there is no other information provided to demonstrate that this date can be met. SEPA: A Mitigated Determination of Non-Significance (MI)NS) was issued for this project on December 4, 1996. Since this request is for the extension of the original project, the MDNS is adequate for this proposed request. Further, staffwould also note in support of this determination Preliminary PUD 96-0002 Time Extension Request - The Commercial Group March 24, 1999 Page -5- that there has not been any substantial change in the environment where the facility is being built and no substantial new information has been discovered since the approval of the Preliminary PUD. In addition, it should be noted that this determination takes into account recent issues related to ferry wake impacts on beach homes in Rich Passage. However, staff'finds that this is not an issue related to this particular permit extension since the ferry operations are currently occurring and will continue to occur resardless of the development of the commercial/residential project. While a successful implementation of Sinclair Landing would generate additional ferry passengers, the wake issue, if it is found to be an impact, is the responsibility of the Washington State Department of Transportation through operational and/or vessel design modifications. CONCLUSION AND RECOMMENDATION: With this complex project, there are a variety of factors that can enter into making these determinations. Due to the short time flame for the time extension request, there has not been sufficient time to identify the relevant criteria Thus, staffrecommends that the City Council continue this matter to April 21 to allow sufficient study time to address the issues raised in this staff report. During this period, the Council may identify other factors or criteria for The Commercial Group to address in demonstrating progress and likelihood that the Final Plan can be submitted within one year. JON HOLAN Planning Manager ATTACHMENT 1 RESOLUTION NO.: 2588 RESOLUTION ACCEPTING ~ PRELIMINARY P~ UNIT DEVELOPMENT OF "SlN~ LANDING', LOCATED W1TItTN TIlE AREA GENERALLY BOUNDED BY: PUGET SOUlVD NAVAL SltlPYARD AND PARK AVENU~ (AV~.) ON ~ SOUTII AND WEST; IrOURTH STREET (ST.) BETWEEN PARK AVE. AND PArC AVE. ON ~ NORTIt, AND SINCLAIR INLET ON EAST 12N'CLUDING WATERFRONT PARCELS TO FIFTIt ST. WItEREA$, SLN'CI~IR LANDING ASSOCIATION, proponent for the proposed Sinclair Landing Planned Unit Development, comprising approx/mately 22.5 acres and located within the Central Business District within the City of Bremerton, has made application for approval of a Preliminary PLANNED UNIT DEVELOPMENT, and WItEREAS, an environmental checklist has been prepared and considered by the responsible official and a mitigated determination of environmental nonsignificance issued, and WItEREAS, the Plannin8 Commission held a public meeting concerning this matter on January 21, 1997; and WREREAS, the Planning Commission recommended to the Council that the "Sinclair Landing" Preliminary Planned Unit Development be accepted subject to certain conditions; ahd WItEREAS, the Bremerton City Council held a public hearing on March 26, 1997, concerning the preliminary Planned Unit Development with mitigating conditions; NOW, THEREFORE BE IT RESOLVED BY THE BREMERTON CITY COIYNCIL That the "Sinclair Landing" Preliminary Planned Unit Development pre~-nted for approvnl aa set forth in the PUD Project Manual and Plan Sheets is hereby accepted subject to the following conditions: Ear,h: Implement a temporary erosion and sedimentation control plan (TESCP) as approved by the City. ~inimize exposed soil during construction.; construct truck tire cleaning areas: cover dump beds as required by state law: cover stockpiled earth and exposed cuts; route runoff to temporary sedimentation ponds; employ best management practices to control erosion; construct a concrete truck wash-down area: periodically sweep the streets with street sweepers; and phase construction to minimize exposed areas. Air: Implement erosion control measures as approved by the City. Minimize area of exposed soil during construction or demolition; hose debris during demolition; construct truck tire cleaning area; cover dump beds as required by state law; cover stockpiled earth and exposed cuts; employ best management practices; periodically wet sweep streets. Comply with Puget Sound Air Pollution Control Agency (PSAPCA) Regulation I, Section 9.15 requiring reasonable precautions to avoid dust emissions. Implement proposed Planned Unit Development (PUD) traffic, transit, artd pedestrian improvements to improve circulation. Surface, Ground and Runoff Water Impacts: Locate existing surface parking areas underground and partially cover the Bremerton Transportation Center (BC) car waiting areas. Install and maintain oil,,~vater separators as re,tired by City stormwater regulation. Implement: WA. ST Department of }Vildlife 's Hydraulic Project Approval (H. PA) conditions: U.S. Army Corp of Eng~neer's Section 10 conditions: applicable local, state, and federal water quality guidelines. Use concrete marina floats; use concrete or steel pilings instead of creosote wood pilings; construct interconnecting replacement First St. bulkhead in the dry. Plants: Use landscaping plants or'similar measures t~provide replacement vegetation on the site. Incorporate street and public space landscaping into project as proposed. 'Wildlife: Remove existing First St. Dock and approximately 120 creosote timber pilings which covers 12, 600 square feet of intertidal area. Remove existing First St. fill which covers intertidal area. Remove 45 creosote timber pilings that support the Wheelhouse deck. Implement HPA and Corps Coection 10 conditions. Energy: Conform with applicable City and State energy code requirements. Create new pedestrian facilities as proposed to reduce auto energy use. Implement one-way couplet street system, and other circulation improvements to increase transportation efficiencies and lower energy use. 7. I0. 11. 12. 13. 14. 15. Environmental Health: Property or business owners to comply with applicable local, state, or federal law regulating the storage, handling, or use of hazardous materials. Noise: Properly size and maintain equipment mufflers, engine intake silencers, engine enclosures; turn off idling equipment; allow noisy operations from 6:30,4.M. to 9:00 P.3,[. unless special circumstances approved by construc#on manager. Construct BTC as proposed wi, ach serves as noise barrier between terminal and waterfront park Land, Shoreline Use, Housing: Create approximately 79 _additional housing units than exist. Create new commercial and redevelop commercial space as proposed. Provide business relocation assistance as required by state law. Larad Use Planning: Incorporate uses -- retail, txxrlang, office, entertainment, transit as permitted under zoning. Preserve views to Sinclair Inlet in conformance with Downtown Waterfront Urban Renewal Plan ('DWU'RP). Create: Washington Ave. Plaza; open space adjacent to Waterfront Park; and linear waterfront Pathway-Park. Relocate marina as recognized in the City's DDrURP Design Element. Aesthetics: Create view corridors through waterfront and along Burwell St. as proposed to preserve views. Create linear waterfront pathway as proposed to view Sinclair Inlet and other natural attractions. Conform to City zoning with regards to height and bulk as applied through PUD process. Comply with City's Design Review standards required by the DW-LfRP. Place current waterfront parking below the surface as proposed. Light and Glare: Design lights within BTC and relocated marina so as to not create off- shore glare. Obtain United States Coast Guard (USCG) approval of marina entrance marking lights. ~ Recreation: Create Second St. pedestrian walkway. Create new linear [4"aterfront Pathwa).,- Park (esplanade) from Waterfront Park to Fifth St. and create lateral access points to the existing Waterfront Park and new Pathway-Park. Create a new public plaza at Washington A ye. And Second St. and expcmd Waterfront Park Provide alternative siting for WycoffPark as approved by Puget Sound Naval Shipyard (PSNS) and City Parks Dept. Cultural and Archeological: Notify State Historic Preservation Office (SI[PO) if archeological resources are identi, fied during construction. Provide Public Art in compliance with D WURP recptirements. Transportation: Separate pedestrian, transit, and m~to traffic as proposed to enhance traffic safe~. Coordinate BC construction staging plan with WA ST Department of Transportation, City, Port of Bremerton, and Kitsap Transit. Coordinate construction traffic routing plan with City and Kitsap Transit. Vacate and dedicate rights-of-way as described in rights-of- way vacation application. Compensate the City as required by State and City laws for vacated rights-of-way. 16. Public Services: Provide fire protection systems for buildings according to .Uniform Fire Code requirements. Upgrade existing stormwater and water lines serving the project site as required by City's Public Works Director. Coordinate replacement of utility services with Puget Power, WA Natural Gas, US West, and City to minimize disruptions. 17. Scope of approval: This approval recognizea the preliminary conceptual and phased nature of the project. As allowed by the zoning ordinance: a) The ultimate development with specific uses and sites may change at the time of the Final PUD application(s); b) Final PUD approval(s) shall be subject to the Final PUD approval criteria of the zoning ordinance. Final PUD application(s) shall require signature(s) from ali affected property owners signifying their acceptance of the plan and application(s). This preliminary PUD approval does not man. date participation by arty or all property owners within the boundaries of the PUD, allowing arty or all property owners to utilize their property in conformance with zoning regulatiorts. 18. The site plan is amended to include the Pacific Gateway concept as presented at public hearing March 26, 1997. This concept includes rights-of-way which are not included in the original submittal. 19. Final PUD submittal for phases to be submitted as follows: Phase 1:1997 through 1999 -Buildings 1, 2, 3, 4, 5, 12, 15, and 16; Phase 2:1999 through 2001 - Buildings 8, 9, 10, i1, 20 and 23; Phase 3:2001 through 2003 - Remainder of the PUD elements. Required code amendments to implement this phasing will be prepared within the two year preliminary PUD period. Property in the City limits of Bremerton included in this Preliminary Planned Unit Development is described as follows: LEGAL DESCRIPTIONS: Lots 9 to 14 Block I; Lots I to 9 Block 2; Lots 1 to 19 Block 3; Lots 1 to 8 Block 4; Lots 1 to 29 Bl°ck 7; Lots 1 to 34 Block 8; Lots l to 34 Block 8; Lots I to 26 Block 9; Lots 1 to 9 Block 10; Lots 1 to 50 Block 14, Town of Bremerton plat as recorded in volume 2, page 30 of the plat records of Kitsap County and the following waterfront tax lots: 242401-2-009-2006; 132401-3-015-2009; 132401-3-033-2007; 242401-2-011-2004; 24201-2-010-2003; 242401-2-055-2000; 242401-2-006-2009; 132401-3-014-2000; 132401-3-199-2007; 242401-2-004-2001; 3718-001-009-0006 PASSED by the City Council this ~ day of March, 1997. President, City Council APPROVED this day of._~a,~.~, 1997. L~HO~ON, Mayor ATTEST: K~Tm?'~,N L.-M~CL~Sm~¥, City Ci~ ATTACHMENT 2 SINCLAIR LANDING MASTER DEVELOPMENT AGREEMENT ' Th/s Sinclair Lan4ing Master Development Agreement (the "Agreem.e,~t") is made as of this ~ay of I~'~, I998, by and between the City of Bremerton ( City"); the Kitsap Transit Public Transportation Benefit Area ("Kitsap Transit"); the Port of Bremerton ("Port"); . The Commercial Group, LLC, a Waskington limited liability company ("Master Developer"); and Sinclair Landing Association, a Washington nonprofit corporation CSLA"). RECITALS A. Pursuant to a Memorandum of Understanding executed in February of 1996, and amended in April of 1997, the Master Developer, SLA, the City, Kitsap Transit, the Port, Kitsap County and Howard S. Wright Construction Co. have been working together to seek an innovative and integrated redevelopment of portions of the central waterfront of the City of Bremerton. The project, commonly known as Sinclair Landing, (the "Sinclair Landing Project" or "Project" is anticipated to include a number of public and private features, including but not limited to office, a major retail center, restaurants, hotel, residential units and similar private uses, theater, museums and maritime attractions, a public waterfront park and promenade, plaza and access corridors to the central waterfront, public parking garages, marina improvements and similar mixed use public and private project features. The Sinclair Landing project will be developed pursuant to the Preliminary PUD permit issued by the City of Bremerton to SLA. Upon completion, Sinclair Landing is intended to be an integrated public,/private development which revitalizes the central waterfront area, generates tax revenues, and provides a gateway to the Olympic Peninsula. B. As an essential element of the overall central waterfront redevelopment program and Sinclair Landing Project, SLA, the Master Developer, Iqtsap Transit and the other government and private participants have proposed the development of an intermodal transportation center to include transit, passenger-only and car ferry service, commuter retail facilities and similar features (the "Bremerton Transportation Center" or "BTC"). The Bremerton Transportation Center is intended to be developed as the first phase of the Sinclair Landing Project, and may include common features and elements. The Bremerton Transportation Center will include a commuter retail building to provide commuter services and products as part of the development. C. The Federal Transit Administration and State of Washington Department of Transportation have authorized grants for the Bremerton Transportation Center as part of the Sinclair. Landing joint development Project recognizing that the associated urban economic development will enhance the effectiveness and coordination of Kitsap Transit and Washington State Ferry services. D. SLA was created and established by the government and private partners to coordinate and facilitate redevelopment on the central waterfront area through the Sinclair Landing Project and is dependent on such partners for funding and for future direction on how SLA can best assist the partners in the development of the Project. E. Through a series of cooperative and constructive meetings among the Master Developer, SLA and the other government and private participants, the parties have agreed in principal to the framework and fundamental terms for joint development of the public and private components of the Sinclair Landing Project, including the Bremerton Transportation Center as outlined in the Memorandum Of Understanding Bremerton Sinclair Landing Redevelopment Project attached hereto as E,,d'dbit A. F. This Master Development Agreement assumes and is dependent on a series of' additional contracts and agreements between and among the parties and Howard S. Wright Construction Co. ("Collateral Agreements") to detail and implement the roles and responsibiliries described and committed to herein. The Collateral Agreements shall include a separate Sinclair Landing Implementation Agreement between the Master Developer and the City, a Sinclair Landing Real Estate Purchase and Sale Agreement between the Master Developer and Kitsap Transit including the Commuter Retail Building pad and air fights as well as various easements and agreements between and among SLA, Kitsap Transit and Howard S. Wright Construction Co. to develop the BTC and may include a Sinclair Landing Marina Development Agreement between the Master Developer and the Port. The Master Developer and the City expect that their collateral agreement will address insurance, indemnity and attorneys fees issues and that they will execute this Collateral Agreement before March 15, 1998. This Agreement anticipates that the entire Sinclair Landing Project will be developed in phases, (with the Bremerron Transportation Center as the initial phase), pursuant to a cooperative relationship to plan, finance, construct, and operate the various Project components for the benefit of the citizens of Kitsap County. This Agreement also assumes that the completed Sinclair Landing Project will be of sufficient diversiw and magnitude to provide tax revenues to finance the public investments and to meet the City's revitalization objectives for the Bremerton waterfront. NOW, THEREFORE, the parties agree as follows: I. General Project Components. There are three interdependent components of the overall Project: the Bremerton Transportation Center, the private commercial components ("Commercial Features") and public improvements ("Public Features") for the Sinclair Landing Project. The Bremerton Transportation Center includes an expanded auto and passenger ferry, terminal facilities, and improved transit terminal, and a building pad for a new Commuter Retail Buildin~ The Public Features may include Garage Facilities, Public Amenities and Public Attractions, as mutually defined by the Master Developer and the City. The Commercial Features include privately owned and operated components developed by the Master Developer. The Sinclair Landing Project may also include marina improvements as hereinatSer defined. The current Project boundaries are shown on Exhibit B and the current Site Plan is shown on Exhibit C. A written narrative describing the PLrD is on file with the City of Bremerton Department of Community Development. A. Sinclair Landin_~ Commercial Features. The Sinclair Landing Project is expected to include the following Commercial Features: 1. Based upon prevailing market conditions, the Commercial Features of the Project will include between 300,000 to approximately 900,000 square feet of privately owned office, retail, restaurant, hotel, theater, and similar commercial developments to be developed by the Master Developer. The general character, components, scope and appearance of the Commercial Features shall be consistent with the Preliminary. Planned Unit Development ("pLrD'') permit for the Project issued to SLA by the City in March 1997. The Commercial Features may be developed in one or more phases reflecting economic conditions as provided herein and in Collateral Agreements, provided that the initial phase will include at least 300,000 square feet of commercial development. The Commercial Features shall be designed to include a public plaza, pedestrian corridors and view corridors to the waterfront area. 2. The Commercial Features may also include components desired by the community such as daycare facilities, health clubs, arts cooperatives and similar service enterprises if they prove financially feasible. 3. The Project will include residential units to be financed and constructed by the Master Developer in accordance with the PUD permit. B. Sinclair Landin~ Public Features. The Sinclair Landing Project is expected to include the following Public Features: 1. If sufficient government/private funding is secured, the Project will museums and other tourist attractions intended to attract between 350,000 to 1,000,000 annually to Bremerton.(the "Public Attractions"). The Public Attractions are expected to museums and historic vessels for public viewing. The public agencies, SLA and the Developer acknowledge that third party funding (for example, public and private grants) include visitors include Master for the Public Attractions have not yet been obtained, and that the government agencies, SLA and the Master Developer will continue to cooperate in good faith to seek funding for the Public Attractions. The parties acknowledge that the success of developing and funding the Public Attractions is a critical element if the Project is to proceed as a major retail center, and the parties agree to continue joint cooperative efforts towards this end as may be consistent with their respective legal authorities. If the parties are successful in securing sufficient financing for the Public Attractions, such Public Attractions will be incorporated by the Master Developer into the overall Project design and development. In the event that Public Attractions are not secured for the Sinclair Landing Project, the Master Developer will pursue an alternate development program compatible with the Sinclair Landing PUD after consultation with the other parties. 2. The Project will include certain public features as agreed upon by the parties as provided herein (the "Public Amenities"). The Public Amenities can include public plazas, a public esplanade and public park along the waterfront from the BTC and along the full length of the Project, public access, pedestrian tunnels, pedestrian overpasses public fountains, and similar public features The City, Kitsap Transit and the Master Developer, in consultation DOC -3 - 9 8 / 0 2 / 2 0 with the Port and SL.& will jointly determine the package of Public Amenities for the Project. The Public .Amenities v-ill be financed and constructed by the Master Developer as pro~-ided herein. 3. In cooperation with the City, the Master Developer will finance and construct one or more public parking garages to provide parking for the Commercial Features, the Public Attractions, the Public Amenities, and the BTC (the "Garage Facilities"). The Garage Facilities are expected to be underground in most locations and below, adjacent to or integrated within the Commercial Features and the Public Attractions. 5. The City shall purchase the Public .4a-nenities and Garage Facilities as provided herein. C. Bremerton Transportation Center. The BTC is expected to include the following Project components: 1. A new fer~ terminal for automobile and passenger-only ferry services, including ticket booths and a staging area, that, at full Project size, will accommodate approximately 200 cars. 2. A new passenger-only ferry dock facility, including covered gangway, and related improvements. 3. A transit center exclusively for Kitsap Transit bus and other public transportation services regulated as to usage and charges by Kitsap Transit. 4. A Commuter Retail Building with retail and office space built above a portion of the BTC to serve the BTC and the larger Sinclair Landing Project. Developmem of the BTC will include constructing the foundation structure support, utilities connections and pad for an approximately 14,000 square foot Commuter Retail Building of at least two stories. The building upon and above the pad will be developed by the Master Developer. 5. Traffic, pedestrian and roadway improvements for access to and circulation around the BTC adequate for its planned Phases A and B. 6. Appropriate structural and functional access points between the BTC and the anticipated Commercial Features, Public Attractions and Public Amenities to provide a coordinated and integrated overall Project. 7. Auto passenger loading/unloading facilities located within 300 yards of the BTC, capable of accommodating up to twenty-four (24) vehicles at one time, which facilities are integrated with the commercial development (the "Kiss and Ride Area"). A Site Plan for the BTC is depicted on Exhibit D. D. Marinas. The Master Developer intends to develop a regional destination marina as integral component of' the Sinclair Landing Project. The Master Developer intends that this marina will provide the infrastructure to allow development of a major maritime attraction complex to support the tourist volumes necessary for the redevelopment of Sinclair Landing. If and when the Master Developer develops its plan for its marina facility, the Master Developer ,,,,'ill do so in consultation with the Port, its contiguous neighbor on its south boundary. The Port, in consultation with the Master Developer, will develop a plan for the public expansion and operation, or lease and private operation, of its marina facilities on the Bremerton waterfront. II. Devetooment Concepts. The Sinclair Landing Project will be developed in compliance with the Sinclair Landing PU]D and will be designed to preserve and enhance Bremer~on's art deco architectural style. A. Develooment Pro,ram Provosal. The Master Developer will submit a detailed written report to SLA and its government partners within ninety (90) days of mutual execution of this Agreement, together with a recommendation from the Master Developer as to its proposed Development Program including the Commercial Features and Public Features of the Sinclair Landing Project. The report will inctude Project pro formas and financial assumptions for the Commercial Features, a recommended list of Public Features with preliminary cost estimates and revenue Projections, and identify, any phasing of the Commercial Features. It will also include: schematic design for the overall Project with specification of any elements that may require amendment of the PUD; design concepts for the Commuter Retail Building; and preliminary design of the Public Features including sizing, location, staging, and technolo_wy. B. Development Pro,,ram Review. After conferring with its governmental partners and reviewing such additional analysis as may be reasonably requested from the Master Developer, SLA's Board shall, within thirty (30) days of receiving the Master Developer's recommendation and report, provide comments and recommendations on the recommended Development Program. The Master Developer may revise its recommendation, based upon SLA's review and the concerns of its governmental partners, and resubmit the Development Program for SLA Board review within a mutually agreeable time period. The SLA Board's actions shall be advisory to the City's and Kitsap Transit's consideration of the recommended Development Program. The City and Kitsap Transit shall, within sixty (60) days of receiving the Master Developer's recommendation and report, approve or reject the recommended Development Program. During this period preceding the City's and Kitsap Transit's action on the recommended Development Program, the Master Developer may modify the Development Program to address concerns and issues raised during the Program review process. The Master Developer's recommendation and the City's approval may be conditional upon future tenant and financing commitments, detailed construction estimates, and/or arrangements for sufficient Public Attractions. The parties acknowledge that the final approval rights with respect to the Sinclair Landing Project and its features, design, and components, is vested in the City as the agency with jurisdiction to issue building and other essential permits for the Project and that SLA's actions and recommendations shall not limit the City's discretion to issue, deny or condition City permits for the Project. To the extent feasible given SLA's then available resources, SLA will cooperate with the Master Developer in the finalization of the PUD by the City with the assumption that the Master Developer will give good faith consideration to SLA's comments and recommendations. Concurrent with its approval of the recommended Development Pro,am, the City. will, in the manner more fully described in Section VII.D.3 hereof, provide guarantee of payrnents from revenues. III. Development Riehts and Cooperative Efforts. A. Reco~,nition of Ri~,hts. In consideration of the Master Developer both committing to and satisfying its requirements under this Agreement, the City. and Kitsap Transit recognize the Master Developer as having the exclusive rights to serve as developer of the public and private components of the Sinclair Landing Project, including the Commuter Retail Building but not the overall Bremerton Transportation Center. Such rights, excepts those rights relating to the Commuter Retail Building, shall be terminated if the PUD is terminated by forfeiture or expiration as provided in subparagraph VIII.E. 5 B. Consideration of Zoning, Planning, Permitting and Infrastructure Initiatives. Subject to City Council approval and such restrictions and limitations as may be imposed by applicable law, the City agrees to support the development of the Sinclair Landing Project in the following manner: 1. The City will give good faith consideration to requests by the Master Developer for the utilization of zoning and planning processes to encourage concentrated, controlled development in the downtown core in the proximity of the Sinclair Landing Project for uses such as destination/manufacturer outlet developments. 2. The City will improve downtown transportation movement by coordinating stoplights and signals on Burwell, Sixth and Eleventh Streets and by installing special directional signage to the Sinclair Landing Project when completed. 3. The City will give good fakh consideration to establishment of a Design Review District within the Central Business District of the City to ensure development compatible with' the existing architectural heritage of the area and the planned Sinclair Landing Project development. 4. The Master Developer will grant permanent access easements in a form agreeable to Kitsap Transit through the exterior plazas of the development within the agreed upon access corridors for the benefit of ferry and bus passengers for access to or egress from public transportation facilities and to reach or use the public waterfront park and promenade, plazas, streets, and central waterfront, in exchange for appropriate public agency participation in the development, construction and/or purchase of the access features, including the payment described in Section VI.B hereof. J:~.LG'~ 99, 99~M D.~. DO~2 -6- 98 / o 2 / 20 5. The Master Developer will accommodate all requests from the public entities for necessary, utility easements at no cost to the requesting agency; provided, however, that the design and location of such necessary utility, easements shall, to the ex'tent feasible, minimize interference with the Commercial Features and cost to the Master Developer. IV. Desiun of Proiect. A. Sinclair Landinu. The Master Developer, in consultation with the SLA and as described in Section II above, shall be responsible for the design of the Sinclair Landing Project and all of the related features thereof. Final Project re~latory authorization rests with the City as the permitting jurisdiction. Design review by SLA shall not constitute approval by any oovemmental agency with jurisdiction over the Project (even if such governmental a-oencv is a participant in SLA), and the Master Developer shall be responsible for obtaining all required governmental permits and approvals for the Sinclair Landing Project as provided in Section V below. B. Bremerton Transportation Center. Kitsap Transit, in consultation with SLA, shall be responsible for securing the design of the BTC and all related features thereof pursuant to a design/build Project delivery agreement with Howard S. Wright Construction Co. and]or its design team. The design shall include the design of all necessary onsite and offsite utilities connections, structural foundation, and pad features of the commuter retail building, but not the commuter retail building itself. The Master Developer shall be responsible for the design of the remainder of the Commuter Ketail Building which design shall be coordinated and compatible with the design and construction of the BTC. Kitsap Transit will provide a final pad site plan no later than February 28, 1998. The design and features of the Commuter Retail Building shall be subject to approval by Kitsap Transit, in consultation with SLA, which approval shall not be unreasonably withheld; and to final permitting authorization by the City. The Master Developer, the City, Kitsap Transit and SLA agree to cooperate and consult with each other in the design activities for the Sinclair Landing Project and the BTC and to coordinate the various Project features. V. Permitting.and Approvals. A. Sinclair Landing_. The Master Developer shall be responsible for making application for, seeking and obtaining all required governmental permits and approvals for the development of the Commercial Features of the Sinclair Landing Project and, if required, for the Public Features. The Master Developer shall be the primary liaison with the City and other governmental agencies with jurisdiction to obtain all such permits and approvals. B. Bremerton Transportation Center. Kitsap Transit, in cooperation with SLA, shall be responsible for making application for, seeldng and obtaining all required local land use approvals for the development of the BTC. Kitsap Transit, in cooperation with SLA, shall be the pr/mary liaison with the Puget Sound Naval Shipyard and State governmental agencies with DOC - 7- 9 8 t 0 2 / 2 2 jurisdiction to obtain all such permits and approvals for the BTC. Kitsap Transit will look to Howard S. Wright Construction Co. and or its design team to secure building and other permits necessary, for construction of the BTC. The Master Developer will secure the building permits necessary, for the Commuter Retail Building. C. .PUD. SLA hereby assigns and the City, hereby consents to co-applicant status in the PUD: (a) for the Master Developer for ail of the Sinclair Landing Project and for the Commuter Retail Building portion of the BTC; and (b) for Kitsap Transit for the remainder of the BTC. For and in consideration of such partial assignments of the PUD, the Master Developer shall pay SLA Sixty Nine Thousand Eight Hundred Dollars (5;69,800) within ten (10) business clays following the execution of this Agreement by all parties hereto. Kitsap Transit, in consultation with SLA, shall be responsible for managing the PUT) process with respect to the BTC and the Master Developer shall be responsible, in consultation with SLA, for managing the PUD process with respect to other components of the Sinclair Landing Project. As soon as practical w/th respect to the progress of the BTC, SLA will terminate its role as PLrD co-applicant with Kitsap Transit and the Master Developer. In the event this Agreement is voluntarily terminated by the Master Developer prior to the date the City and the Master Developer execute the Sinclair Landing Implementation A~eement described in the recitals, or if the Master Developer fails to obtain the letter commitment of equity financing as contemplated by this Agreement, Kitsap Transit shall have the fight, after consultation with the Master Developer, to terminate the status of the Master Developer with respect to the PUD and other Project related permits and the Master Developer shall assign or re-assign its interest in the PUD and such permits to Kitsap Transit and shall transfer all design, construction and other documents related to the Project. The Master Developer shall cooperate in good faith in such procedures as may be necessary to accomplish such steps.. In that event, Kitsap Transit will consult with the City and its other partners concerning alternative approaches to continuing the Sinclair Landing Project and the redevelopment of downtown Bremerton. In such event, the Master Developer shall repay Kitsap Transit an amount equal to One Hundred Thousand Dollars ($100,000) less the value of the Master Developer's interest in the PUD and such permits and the value of all design, construction and other documents transferred to Kitsap Transit. The parties agree that the value of the Master Developer's interest in the PUD shall not be less than Sixty Nine Thousand Eight Hundred Dollars ($69,800). If the value of the Master Developer's interest in the PUD and such permits and the value of all design, construction and other documents transferred to Kitsap Transit equals or exceeds One Hundred Thousand Dollars ($100,000) the Master Developer shall be relieved of its repayment obligation and in such event Kitsap Transit shall not be required to pay the Master Developer any excess value. VI. Land Acquisition. A. Sinclair Landing. The Master Developer shall be responsible for the acquisition of all of the private property fights required in connection with the development of the Sinclair Landing Project. The City shall be responsible for the acquisition of all the public property rights required in connection with the development of the Sinclair Landing Project. City owned property within the Sinclair Landing Project shall be made available for the Project on such terms and conditions as are mutually satisfactory to the Master Developer and the City, consistent with applicable law. Within tkirtv (30)days of mutually executing this Agreement, the Master Developer will subm/~ to the City a written plan for land acquisition necessary for the Public Features. B. Bremerton Transr)ortation Center. Kitsap Transit shall be responsible for the acquisition of all property rights required in connection with the BTC, including the transfer of necessary, rights-of-way and property rights from the City as described on Exhibit E attached hereto. Kitsap Transit will purchase approximately 4950 square feet of property now in use as a City parking tot as shown on Exlxibit E based on the fair market value or the capitalized value of the annual net income stream in 1997 of fourteen stalls. Kitsap Transit may contract with the Master Developer to provide services in connection with land acquisition and tenant relocation matters for the BTC. Kitsap Transit also will purchase from the Master Developer a permanent Kiss and Ride easement adjacent to the BTC and Commuter Retail Building and permanent public access and open space easements through the exterior plaza of the completed Sinclair Landing Project encompassing an area of approximately 37,000 square feet. The public access easements will generally establish a pedestrian connection between the intersection of Bun,yell Street and Washington Street with the BTC and between the intersection of Pacific Street and Washin~on Street and the passenger only ferry landing. The permanent easements shall be designed to accommodate efficient access to and from the BTC and shall be adequate for anticipated ferry traffic and for the users of the Kiss and Ride Area. The location and description of such easements shall be determined by the final design of the Sinclair Landing Project as finally approved in the manner set forth in this Agreement. The general character and purposes of these permanent easements will be more fully described in the Kitsap Transit and Master Developer Real Estate Purchase and Sale Agreement and the location and description of such easements, as determined as provided herein, shall be incorporated into such Agreement. The permanent easements will provide that the Master Developer shall be responsible for maintenance and security of the easement areas for the duration of the easements. Kitsap Transit agrees to pay the Master Developer an amount equal to the fair market value of such permanent easements at the time of conveyance (the "Transit Easements Purchase Price") as determined by a real estate appraiser who is a Member of the Appraisal Institute and who is acceptable to the Master Developer and Kitsap Transit. In no event shall the Transit Easements Purchase Price exceed Six Hundred Thousand Dollars ($600,000). Kitsap Transit shall make such pa.vments as follows: Kitsap Transit will pay the Master Developer seventeen percent (17%) of the Transit Easements Purchase Price (but not more than One Hundred Thousand Dollars ($100,000)) within five (5) business days of the execution of this Agreement; thirty five percent (35%) of the Transit Easements Purchase Price (but not more than Two Hundred Ten Thousand Dollars ($210,000)) at later of (I) the date it conveys the Commuter Retail Building Pad to the Master Developer or (II) the date Kitsap Transit and the Master Developer execute their Collateral Agreement and the Master Developer has obtained the letter commitment for equity financing more fully described in Section VIII.C hereof, and forty eight percent (48%) of the Transit Easements Purchase Price (but not more than Two Hundred Ninety Thousand Dollars ($290,000)) upon commencement of construction of the Commercial Features and agreed Public Features of the Sinclair Landing Project. The parties reasonably believe that the value of these permanent easements, including the Master Developer's responsibility for maintenance and security thereof, substantially exceeds Six Hundred Thousand Dollars ($600,000). It is because of this anticipated substantial discount that J:LR. LGL1 .f~ 3..~ 99.99~M O A3. DOC -9- 9 8 / 0 2 ,' 2: Kitsap Transit has agreed to make a partial payment of the Transit Easements Purchase Price prior to the conveyance of the easements. The Master Developer shall convey such permanent easements to Kitsap Transit at the time Kitsap Transit conveys the Commuter Retail Building Pad to the Master Developer, subject to reset'ed rights to use the easement areas for construction and development purposes until the Project is complete. The Master Developer shall cooperate with Kitsap Transit in seeking reimbursement for such payments from the other parties to this Agreement. In the event this Agreement is terminated prior to the Master Developer's conveyance of the permanent easements as provided herein, the Master Developer shall repay to Kitsap Transit, within five (5) business days of such termination, an amount equal to the portion of the Transit Easements Purchase Price that Kitsap Transit has paid to that time. C. General. The public properS.' rights required for the Sinclair Landing Project development will include street fight of ways and other property owned by the City as described on Exhibit D attached hereto. At the conclusion of the development of the commercial and public improvements for the Sinclair Landing Project, it is expected that the Garage Facilities and Public' Amenities (but not necessarily the Public Attractions) will be publicly owned. The City, Kitsap Transit and the Master Developer will cooperate in good faith to seek opportunities for exchanges of land and property rights to assist in the acquisition of property for the public and private features of the BTC and Sinclair Landing Projects, initially including the Enetai, Woolworth, and Bremer Buildings and potentially other properties as the design for Phase C of the BTC is developed. VII. Construction and Construction Financing. A. Sinclair Landine. The Master Developer shall be responsible for the construction and construction financing of all aspects of the Sinclair Landing Project, including the Public Features, but excluding the Bremerton Transportation Center and the Public Attractions, unless mutually agreed otherwise in a Collateral Agreement. All construction shall be performed in accordance with applicable international, federal, state and local laws, codes, rules and regulations. The City, Kitsap Transit, the Port and SLA agree to cooperate in good faith with the Master Developer in the Master Developer's efforts-to secure financing for the Sinclair Landing Project and to accommodate commercially reasonable requests from Project lenders regarding Project documentation and development. B. Bremerton Transportation Center. Kitsap Transit, in cooperation with SLA, shall be responsible for the construction of the BTC (other than the Commuter Ketail Building, which shall be financed, constructed and owned by the Master Developer). Kitsap Transit, in cooperation with SLA, shall also be responsible for securing financing to pay for the costs of construction of the BTC. All construction shall be performed in accordance with applicable international, federal, state and local laws, codes, rules and regulations. 1. As part of the BTC Project, Kitsap Transit, the City and SLA shall use their best efforts to secure long term service commitments from the Washington State Department $:k.~.LGt35~35.99. ~)XM DA3 DOC - 1 0- 98 / 32 / 2 c of Transportation, Marine Division, for two fast ferries to provide daily service between Seattle and Bremerton. Such setwice is expected to begin with one new ferry in April, 1998 and to add another new ferry one year later. 2. Kitsap Transit shall ensure that the design and operation of the BTC includes: ii)public restrooms to meet the needs of customers and passengers witkin the BTC (ii) adequate access for vehicles providing services to the commuter retail building; and (iii) adequate access for tour buses to load and unload on the BTC transit deck or ramps (but not parking for tour buses after tour passengers have unloaded) (iv) tour bus sta~ng provided between the hours of 9:00 a.m. and 3:00 p.m.. Kitsap Transit shall have the sole right to establish operating standards and requirements for the BTC. 3. The Kiss and Ride Area will be located within an easement conveyed to Kitsap Transit pursuant to the terms of Section VI.B hereof and shall be constructed and financed by Kitsap Transit. Within the Kiss and Ride Area, Kitsap Transit's service needs shall have priority over all other uses. The Master Developer, however, shall reimburse Kitsap Transit an appropriate portion of the cost of construction of the Kiss and Ride Area. The Master Developer and Kitsap Transit shall determine the appropriate allocation of costs and the manner by which the Master Developer shall reimburse such costs in the Real Estate Purchase and Sale Agreement to be entered into by such parties as a Collateral Agreement hereto. C. Commuter Retail Building. 1. Following the construction of below ground structural improvements, the pad and utilities for the Bremerton Transportation Center as identified on Exhibit C, the Master Developer agrees to: · ii) purchase the fee simple interest in the pad and the air rights within the perimeter of the pad including a 2 foot allowance for overhang from Kitsap Transit necessary to construct the Commuter Retail Building, (upon receipt of a building permit from the City), for $12 per square foot, as confirmed to be the fair market value of such property interests by letter opinion of value given bv a real estate appraiser who is a Member of the Appraisal Institute and is acceptable to both the Master Developer and Kitsap Transit and delivered within thirty, (30) days of mutually executing this Agreement; and (ii) permit, finance and, within nine (9) months after conveyance of the pad, commence construction of the Commuter Retail Building. 2. The Commuter Retail Building will include commercial features supported by market conditions and compatible with commuter needs. The Master Developer shall have the sole right to establish the operating standards and requirements of the Commuter Retail Building. The Collateral Agreement between Kitsap Transit and the Master Developer may contain a list of the kinds of tenant businesses that will be prohibited in the Commuter Retail Building. The building shall be developed on the concrete pad constructed by Kitsap Transit as part of the BTC Project, as identified in Exhibit C and shall be sized to maximize the pad dimensions consistent with the final design and envelope of the BTC. The building shall be at least two stories with approximately 14,000 square feet of usable space, and shall accommodate the installation of canopies over the adjacent transit/ferry loading areas. 3. Kitsap Transit agrees to have the Commuter Retail Building pad site (with utilities and structural support capable of supporting a three story building) ready for the Master Developer to commence construction on the Commuter Retail Building no later than September 15, 1998. 4. If the Commuter Retail Building is developed to three or more stories, Kitsap Transit shall have the first right of refusal, after existing tenants in the Sinclair Landing Project buildings, to lease or acquire office space in the floors above the second floor. D. Public Features. The Master Developer, pursuant to the Sinclair Landing Implementation Agreement with the City, will develop Public Features (including the Garage Facilities and Public Amenities) to serve the Sinclair Landing Project. 1. The Master Developer will design, secure final design approval from the City and finance and construct the Garage Facilities and the Public Amenities. 2. The City shall have the right to approve the design of the Public Features to be constructed by the Master Developer which approval shall not be unreasonably withheld. 3. The City shall purchase the Garage Facilities and Public .aa'nenities upon completion thereof. The purchase price shall be (A) (i) the actual net parking revenues of the Garage Facilities for the first 25 years of operation plus (ii) 60% of the actual annual increased City tax revenues generated by the Sinclair Landing Project within the Project zone for the first 25 years in which the Garage Facilities are in operation plus (B) the Ci~'s actual share of sales taxes from construction of the Sinclair Landing Project less (C) the estimated net parking revenues lost by the City from City-owned property used for the Sinclair Landing Project during construction of the Garage Facilities. The City will provide the Master Developer with a guarantee that the revenues provided for payment as set forth above will be paid at such times as agreed to between the parties. The City's financial obligation is subject to City's Bond Counsel's verification of the City's authority to guarantee these funds. The City shall pay the purchase price to the Master Developer in a series of payments. The Sinclair Landing Implementation Agreement between the City and the Master Developer shall specify the manner by which these increased City tax revenues will be measured (including the boundaries of the Project zone) and the manner by which the City will pay the purchase price. The measurement of increased City tax revenues shall be based upon sales taxes, business and occupation taxes, and property taxes which are collected by or distributable to the City with respect to the Sinclair Landing Project. The base year for calculation of increased taxes shall be 1997. If the City property is conveyed to the Master Developer in connection with the construction of the Public Features, the City will also be entitled to a credit against the purchase price of the Public Features equal to the appraised fair market value of the City's property at the earlier of the time of conveyance or the time the Master Developer takes possession of the property. 4. The Master Developer shall provide the City with a proposed parking garage operation and maintenance program for the Garage Facilities for the CiD"s review and approval, which approval shall not be unreasonably withheld. The program shall be approved prior to the start of construction of the Garage Facilities. The approved program shall form the basis for a parking management agreement to be negotiated and executed bv the City and the Master Developer which will apply both to the Master Developer and the City with respect to all future operations of the Garage Facilities. 5. The City and the Master Developer shall negotiate and execute an option agreement granting the Master Developer the right to acquire or otherwise utilize the City property required for the Public Features, including current public rights of way, as shown on Exh/bit F attached hereto. The Master Developer shall be entitled to purchase said property in exchange for: (1) its commitment to finance the design and construction of the Public Features and to reimburse the City for lost parking revenues as provided in Subsection D.3. above; and (2) by paving the fair market value of such property,, or providing the City with a credit for such amount against the purchase price for the Public Amenities and the Garage Facilities. 6. To enable the City to attain its objective of assuring the sound fiscal program necessa~ for the implementation of a balance of residential and commercial uses within the City, the Master Developer agrees to use its best efforts to balance City revenue flows and costs associated with 'the Project. The Master Developer also recognizes that the extent of the City's resources available to support the Project include only the additional tax revenues directly generated by the Project, the amount of net revenues earned from the completed Garage Facilities and the City's share of'sales taxes collected from construction of the Project. VIII. Project Milestones and Financin~ Analysis. A. Cooperative Planning. The parties acknowledge that the success of the overall Sinclair Landing Project will require substantial cooperation between the public and private participants, but that the success of the Project depends primarily on the economic feasibility of the Project as a whole and the constituent Commercial Features and Public Features. To this end, the Parties agree to proceed with reasonable diligence and on a cooperative basis to analyze the economics of the Sinclair Landing Project and its constituent features. The Master Developer and the SLA shall cooperatively consult with each other to review in detail economic forecasts for the Sinclair Landing Project as may be reasonably necessary to keep each other and the other parties hereto informed. B. [Reserved.] C. Schedule. To facilitate the economic analysis of the Project while proceeding with Project planning and design, the parties have agreed to the general Project milestones specified on -13- g8/~2/2~ Exl'fibit G attached hereto. )dl parties to this Agreement will use their best efforts to perform their responsibilities under this Agreement so as to maintain the schedule. In addition, the Master Developer shall negotiate and obtain a letter commitment for equity financing for the Commercial Features within one-hundred and eighty (180) days of the date of final execution of this Agreement (the "Equity Letter Date.") The City shall extend the Equity Letter Date by an additional ninety (90) days if the Master Developer has made substantial progress in obtaining such letter commitment. The parties hereto shall take all reasonable actions and exercise their best efforts to assist the Master Developer in obtaining this letter commitment. Once the Master Developer has obtained the letter commitment for equity financing as contemplated in this paragraph, it shall maintain such letter (or a substantially similar commitment) until the Project is completed. D. BTC Develot~ment Priority. The commitments and undertakings of the Master Developer, the City, Kitsap Transit and SLA under this Agreement are based on the.assumption that the BTC will be developed prior to the Commercial Features of the Sinclair Landing Project. In the event the BTC is abandoned by Kitsap Transit, the commitments of the parties under this A_m-eement shall terminate except that all funding to SLA previously provided by the Master Developer (except for its initial contribution of $50,000) will be reimbursed to the Master Developer by Kitsap Transit. E. Failures of Performance, Defaults and Remedies 1. The failure of a party to perform an obligation imposed on that party under this Agreement, except as otherwise excused in subparagraph E.3 below, shall not be deemed a default on the part of such parry unless the following conditions are met: (i) a non-defaulting parry whose interests are substantially and detrimentally affected has served a written notice of default or demand for performance on the defaulting party specifying the nature of the alleged default and the actions required to cure the alleged default; and (ii) the defaulting party has not cured or diligently commenced the curing of the default within a reasonable time following receipt of the notice. For purposes of this Subparagraph E. 1., a reasonable time shall be: (i) ten (10) business days in the case of a failure to pay a sum of money; (ii) or execute a document; fifteen (15) business days in the case ora failure to give an approval (iii) thirty (30) business days in the case of obligations that can be performed within such time, and -14- 98102120 (iv) such time as is reasonably appropriate under the circumstances in the case of obligations that cannot be performed within thirty (30) business days, provided that the dehulting party has commenced to cure said default as early as reasonably possible within such 30-business-day period and shall diligently prosecute such cure to completion. 2. If the failure is to timely perform or complete a Milestone on Exhibit G. except as otherwise excused in subparagraph E.3. below, the following remedies shall be available: (i) If the failure occurs prior to the completion of Milestone H: anx' pan.',' shall have the option to terminate their participation in this Agreement, with no obligation to comr>ensate anv other pan.,,' for damages. (ii) If the failure occurs after the completion of Milestone G: any party shall have the option to pursue claims against the filing party for breach of contract and compensation for actual damages incurred as a result of such failure. 3. Subject to Subparagraph E.4. below, no party shall be considered in default of its obligations under this Agreement, including but not limited to, the support or performance of permitting, review or coordination activities, the development of plans and specifications. securing of funding commitments or commencement and completion of construction of improvements or facilities due to causes beyond a party's reasonable control and without its negligence, including but not restricted to, any delays or suspensions of construction compelled bv court order, acts of God, acts of the public enemy, reasonably unforeseeable acts of a unit of local, state or federal government, reasonably unforeseeable acts or omissions by other parties, fires, floods, strikes, embargoes, delays in essential utility services and unusually severe weather or delavs of contractors of subcontractors due to such causes. The time for the performance of the obligation shall be extended for the period of the enforced delay if a party shall request promptly an extension of time in writing from the other parties but, in any event within ten (10) days after the requesting party becomes aware, or reasonably should have been aware, of the cause of any such delay. Failure of the Master Developer to obtain sufficient funding for the Commercial Features, after exercising its best efforts, shall be considered a cause beyond Master Developer's reasonable control only if the Master Developer had been exercising diligent efforts to obtain such funding and continues such efforts so that necessary funding is secured. 41 Notwithstanding any other provisions of this Paragraph E, if Master Developer fails for any reason, whether or not within the control of Master Developer or otherwise excused, to obtain the letter commitment of equity financing as contemplated by this Agreement within three months from the Equity Letter Date all of Master Developer's rights to the PUD and Project permits may be terminated, revoked, or canceled by mutual agreement of the other parties hereto, and such rights shall be transferred to Kitsap Transit as provided in paragraph V.C. 5. Notwithstanding any other provisions of this Paragraph E, if, pursuant to the terms of Bremerton Municipal Code {}21.02.520, the Preliminary PUD Approval expires prior /:;gCG',35~:l.',-*a 9o~r. MDA3 r.~3C - ] 5- :'~ ;. ·: '. to the City' granting a Final PUD Approval or if the Final PUD Approval is forfeited, in either case because the Master Developer has failed to meet the time limitations established by such section of the Code. for any reason, whether or not within the control of Master Developer or otherwise excused, all of Master Developer's rights to the PUD and Project permits and all of Master Developer's rights and obligations under this Agreement, other than those relating to the Commuter Retail Building, max, be terminated, revoked, or canceled by mutual agreement of the other parties hereto. In such event such rights shall be transferred to the City IX. Further Cooperation..Master Develor~er Se,x-ices. The parties agree to cooperate in good faith to proceed with development of the Sinc!air Landing Project and the BTC in accordance with the terms of this Agreement. Ir is acknowledged that continued public and private involvement and cooperation is essential for the success of both Projects. In connection with these cooperative efforts, and to facilitate the integration of the Sinclair Landing Project and the BTC, Kitsap Transit max, retain the services of the Master Developer to assist with certain aspects of the BTC including land acquisition and tenant relocation, permitting and shared Project design and coordination. X. SLA 1998 Responsibilities and Fundin~ The parties acknowledge that success of the Project requires clear understanding among the parties of their roles and responsibilities. The parties agree that, with regard ro Project activities involving the SLA, those parries shown on the table attached hereto as Exhibit H will participate and/or perform a lead role in the tasks set forth on such table subject to the availabilitv of resources. The parties acknowledge that the initial contributions from the government and private partners to fund the activities of SLA will not be sufficient to meet the financial needs of SLA untiI SLA's role in the Project is complete with respect to the BTC, Commercial Features, Public Features, and Marina development. The Project panners agree to provide a maximum of $48,000 for calendar year 1998 to pay for the costs of the activities of SLA for routine consultation, organizational administration and Board support to be funded proportionately on a monthly basis as follows: Kitsap Transit $1,450; the Master Developer S1,000; the City $1,000; and the Port $550. A. ny additional sep,'ices by SLA will be compensated as agreed between SLA and the requesting party. At the conclusion of calendar year 1998, any fund§ held by SLA and paid by its partners which are not required to pay SLA costs shalI be returned to the partners proportionately unless the partners authorize use of said funds for future SLA expenses. The extent to which any of the parties hereto provide additional funding to the SLA after these twelve months may be the subject of future agreements among the parties. The parties acknowledge, however, that they do not expect such future funding to exceed $2,000 per month to be paid proportionately in the same manner and for the same purposes as set forth above. J ',RLG,.35035-'-~ 990. MD^3 DOC ° ] 6- 4 ~' c; ,: XI. Notice and AssrovaI. Whenever written notice is required to be given under this Agreement. it shall be given the following respective addresses: The Commercial Group, L.L.C. P. O. Box 10145 Bainbridge Island, WA 98110 Attention: Randv McGreal Kitsap Transit 234 So. Wvcoff Bremerton, WA 98312 Attention: Richard M. Hayes City of Bremerton 23¢ Fourth St. Bremerton, WA 98337 Attention: Mayor Lynn Horton Port of Bremerton 8850 S.W. State H,,vy. 3 Port Orchard, WA 98366 Attention: Richard Brandenburg Sinclair Landing Association P.O. Box 29 Bremerton, WA 98337 Attention: Gary Gartin or to such other respective addresses as either party may hereafter designate in writing. Notice sent by mail shall be deemed to have been given three (3) calendar days after proper mailing, and the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. Approvals, where required by this Agreement, shall be effective in the same manner. XII. Severabiliw. If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect l:\!a, LG'.35~35-qq. ',~a~',MDA3 DOC, - 17- ~ ,:: ..... XIII. Le=al Relations. No liability shall attach to any of the parties by reason of entering into this Agreement except as expressly provided herein. No party has assumed any financial obligation by entering into this Agreement except as specifically identified herein. By entering into this Agreement, no party, agrees to assume liability or responsibility for any action or omission of any other party. This Agreement shall not be construed to require any party to protect, hold harmless or defend any other party against claims, suits or actions arising from any act or omission or contractual or other liability of another party's employees, agents, contractors or other vendors while performing under the terms of this Agreement. XIV. Governin?q Law. This Agreement shall be deemed to be made in the County of Kitsap, State of Washin~on, and the legal rights and obligations of the parties shall be determined in accordance with the laws of the State of Washington. All legal actions in connection with this Agreement shall be brought in the County of Kitsap, State of Wash/n~on. XV. Assignment. The Master Developer will have the right to assign all or a portion of these Development Rights to a qualified partner, developer, or investor acceptable to the City and to Kitsap Transit, as their interest may appear, and such approvals shall not be unreasonably withheld. The parties recognize that the Master Developer may need to re-organize, introduce new investors and satisfy financial requirements as the Project proceeds. Subject to this paragraph, lenders to the Master Developer who foreclose or obtain ownership through deeds in lieu shall assume the obligations of this Agreement. Lenders of record which assume the Master Developer's interests and obligations hereunder shall be provided notice of default and the same opportunity to cure as the Master Developer. XVI. Entire Agreement/A_mendments. This Agreement constitutes the entire agreement between the parties relative to the subject matter herein. There are no terms, obligations, covenants or conditions other than those contained or referenced herein. No modification or amendment of this Agreement shall be valid and effectiv& unless evidenced by an agreement in wTiting. XVII. No Third Par'tv Benefits. Nothing in this Agreement shall be deemed to create any legal relationship with persons or entities not a party to this Agreement, and no such person or entity shall have a cause of action or claim for damages because of provisions in or reliance upon this Agreement. XVIII. Amendments. This Agreement may be amended or terminated by mutual consent of the parries to the Agreement or by their successors in interest. DATED as of the day and year first above written. CITY OF BREM]ERTON Its THE CO.~MERCIA,L GROUP, I_.L.C. Irs ~ i ~l.~. e~r_~__~ KITSAP TRANSIT Its ~'g. Its PORT OF JBREMERTON / .t .,..,, / .~. C. D. E. F. G. H. Exhibits Memorandum Of Understanding Bremen:on Sinclair Landing Waterfront Redevelopment Project Sinclair Landing Project Boundary. PL~ Site Plan BTC Site Plan City Property Required For The BTC City Property That May Be Utilized For Sinclair Landing Project Milestones 1998 Tasks O£ SLA SINCLAIR LANDING COORDENATION MEMORANDUM OF UNDERSTANDENG FOR BREMERTON TRANSPORTATION CENTER DEVELOPMENT (NO. GCA ) This Memorandum of Understanding, hereinafter called the "Agreement," is made and entered into this day of February, 1998, by and between the Washington State Ferries, a division of the Washington State Department of Transportation, hereinafter called "WSF;" the City of Bremerton, a municipal corporation of the State of WasNn~on, hereinafter called "City;" the Port of Bremerton, a municipal corporation under the laws of the state of Waskin~on. hereinafter called the "Port"; Kitsap Transit, a Public Transportation Benefit Area providing a variety of public transportation services including buses, fide share, ACCESS, HOV parking, Kiss 'n Ride management and bicycle transport and storage, hereinafter called "Kitsap Transit;" and the Sinclair Landing Association, a non-profit corporation under the laws of the state of Washin~on, hereinafter called "SLA." WI-~REAS, pursuant to a Memorandum of Understanding executed in February, 1996, and amended in April, 1997, Howard S. Wright Construction Co., hereinafter called "HSWCC," the City, Kitsap Transit, the Port, SLA and Kitsap County, have been cooperatively pursuing an inte_m-ated redevelopment of portions of the central waterfront of the City of Bremerton tkrough a project commonly known as the "Sinclair Landing Project;" and WI-{EREAS, the Sinclair Landing Project is expected to include various public and private features including, but not limited to, an intermodal transportation center known as the Bremerton Transportation Center, hereinafter called the "BTC," or "BTC project" to include transit and related public transportation services, passenger-only and car ferry service, commuter retail facilities and similar features; and WHEREAS, the BTC will constitute the initial component of the Sinclair Landing Project and will include common features, structures and functions with other components of the Sinclair Landing Project, such as the parking garages, pedestrian plazas, esplanades, hill climbs, a Kiss 'n Ride facility and adjacent commercial and retail developments; and WHEREAS, the parties hereto anticipate that The Commercial Group, LLC, a Washin~on limited liability company, hereinafter called "TCG," will serve as the master developer for the Sinclair Landing Project excluding the BTC but including commercial components developed adjacent to and over a portion of the property to be purchased by Kitsap Transit for the BTC; and WH]EREAS, WSF has been allocated funds pursuant to Laws of 1997, Chapter457, Section 225(4) to reimburse the City and'or the Port, as WSF's financial participation in Phases "A" and "B" of the BTC, for the construction of "[a]ppropriate passenger-only ferry terminal linkages to accommodate bow-loading catamaran type vessels and the needed transit connections" and WSF's "component of the Bremerton Multimodal transportation terminal as part of the downtown Bremerton redevelopment project, including appropriate access to the new downtown traffic circulation road network"; and WHEREAS, WSF desires to reimburse the City and/or the Port in an accumulative amount not to exceed $1,448,000 for Phases "A" and "B" of the development pursuant to Laws of 1997, Chapter 457, Section 225(4), which authorized up to $3,000,000 for such purpose, pursuant to cooperative agreement(s) as authorized under RCW 47.08.0'70; and WIffEREAS, in. order to develop the BTC, significant alterations will be necessary, to the WSF ferry terminal at Bremerton, to the associated passenger, auto, and commercial vehicle access and to Kitsap Transit operations; and WI-tEXAS, the initial Phase "A" of the BTC will be the construction of passenger-only ferry improvements to be operated by WSF and the Port of Bremerton; and WHEREAS, said ferry terminal and passenger-only ferry improvements will encourage use of WSF services and provide WSF passengers with significant amenities; and WHEREAS, the parties have determined that it would be most cost effective to coordinate the development of the BTC through a series of agreements providing for acquisition of necessary property rights, financing arrangements, coordination of design and construction of the BTC, coordination of construction with WSF, Port, City and Kitsap Transit operations, and allocation of future operation and maintenance responsibilities and transfers of ownership of capital i/-nprovements and property rights among the parties; and '~VI--IEREAS, the parties desire to enter into this Agreement to define the respective responsibilities for the development of the BTC as the initial component of the Sinclair Landing Project and as set forth other necessary co{lateral agreements therefor and are authorized by various provisions of state law to enter into this and such other agreements; N'OW, TH:EKEFOKE, in consideration of the terms, conditions, covenants and performances contained herein, or attached, incorporated and made a part hereof, the parties hereto agree am follows: I. GENERAL DESCRIPTION OF SINCLAIR LANDING PROJECT, PARTICIPANTS, FINANCING AND OWNERSHIPS A. The Sinclair Landing Project will include various public and private features developed in at least two major components along the City of Bremerton waterfront as generally described in Exhibit A attached hereto and by this reference incorporated herein and in the planned unit development ("PUD") agreement for the Project as filed with the City. The initial component of the Sinclair Landing Project will be Phases "A" and "B" of the BTC and retated improvements to be located on state-owned property devoted to WSF purposes, City of Bremerton rights-of-way and property, Port of Bremerton property and leaseholds, Puget Sound Naval SMpyard ("PSNS") property and Kitsap Transit purchased private property. The BTC project 'component will result in the development of an intermodal transportation facility including transit services, passenger-only and car ferry, service, commuter retail facilities and other public access, pedestrian and plaza amenities in at least a two-level structure providing various common features and interrelated uses and is generally described in Exhibit ]3 attached hereto and by this reference incorporated herein. Construction of the BTC project component will be implemented in defined Phases "A~" "B" and "C" as described in Exhibit B. Each phase will result in a usable Project element that will be transferred to SLA by the contractor and from SLA to I<Jtsap Transit for immediate transfer to the State and to ~ocal governments as described in the BTC Real Property and Air Kights Allocation Plan attached as Exhibit C and by this reference incorporated herein. The second major component of the Sinclair Landing Project is generally understood to include the development of public parking garages, supporting office, retail, restaurants, hotel, museums and maritime attractions, a waterfront public park and promenade plaza and other access and view corridors to the central waterfront as well as residential units as generally described in Exhibit A. The third component may include expansion of the Port's marina and additional residential and commercial developments similar to those previously planned and/or constructed. B. following: The participants, and their roles and contribution in the BTC project, include the '1. WSF will grant rights to appropriate parties pursuant to temporary construction easements and/or rights of entry and leases as necessary for the construction, operation and maintenance of the BTC. WSF will provide appropriate access for Kitsap Transit paratransit services and its disabled customers using private vehicles at ferry terminal facilities within or adjacent to the BTC. WSF will agree to the reassignment of Federal grant funding to assist in the development and construction of the BTC. WSF will separately construct the car ferry overhead passenger loading facility contiguous to the BTC. WSF agrees to reimburse the City and/or the Port in an accumulative amount not to exceed $1,448,000 for Phases "A" and "B" of the development as authorized in Laws of 1997, Chapter457, Section225(4) pursuant to cooperative agreement(s) as authorized under RCW 47.08.070. 2. component in phases. SLA and Kitsap Transit will jointly develop and construct the BTC project SLA will provide overall project coordination and facilitation between the public agencies and private contracting and development firms involved in the project. Kitsap Transit will be lead agency for the BTC project, and will be responsible for BTC project management and for financing. SLA, as initial project Owner and with Kitsap Transit concurrence, will accept the completed BTC phases from HSWCC, the general contractor, and will immediately transfer title to said facilities to Kitsap Transit unless otherwise agreed to by Kitsap Transit and SLA. As a result of Kitsap Transit's role as local lead agency for the BTC project component, FTA will be the lead federal agency for the project for purposes of compliance with federal requirements for environmental review, funding, project monitoring and audit. SLA will be funded for the BTC coordination and facilitation activities by Kitsap Transit and other agencies and corporations involved in the BTC project pursuant to previous collateral agreements. 3. Kitsap Transit will lease or purchase each phase from SLA concurrent wSth said transfer, by making payment in the amount required by a collateral agreement between SLA and Kitsap Transit. Kitsap Transit will then distribute the facilities and related real properties pursuant to the BTC Real Property and Air rights Allocation Plan as shown on Exhibit C. Kitsap Transit will utilize elements of the BTC project located in the air space over the WSF property as described in the BTC Real Property and Air Rights Allocation Plan for purposes of providing public transportation services as described in Chapter 36.57A KCW limited to operation and maintenance of bus lanes and passenger loading and unloading facilities and including exclusive authority to regulate commercial transportation usage of such lanes and facilities. Kitsap Transit will provide federal and state funding in the form of grant awards obtained by Kitsap Transit, and as set forth in the BTC-Financing Plan, attached as ExJ'fibit E, attached hereto, and incorporated herein by reference. In addition, Kitsap Transit will provide S4,000,000 in local match funding, together with an advance of $3,750,000 to the BTC project to allow timely completion of Phase B. It is anticipated that additional federal funding will be made available in the amount of $2,000,000 in FY1999 and $2,000,000 in FY2000, part of which will be used to repay the Kitsap Transit cash advance and part of which will be used to help fund a future Phase "C". -5- RLGOSH 0(~ ~8~2~ Kitsap Transit will purchase from the City, at the appraised fair market value, that portion of' the e;kisting City parking lot required for the BTC High Occupancy Vehicie parking structure as shown on Exhibit B. 4. In consideration of the benefits to the City resulting from the development of the BTC, the City will provide, at no cost to the BTC project component, street right-of-way and City owned parcels A3 and A5 as shown on Exhibit C. The City will provide temporary use of the City parking lot shown on Exhibit C required during construction of BTC Phases A and B and will be reimbursed for net lost revenues by Kitsap Transit as provided herein. If Phase "C" proceeds, the City will also provide at no cost street right-of-way as necessary and appropriate for that Phase. 5. HSWCC, as the general contractor for the BTC construction consistent with the selection of its proposal atSer a competitive procurement process sponsored by Kitsap Transit and the City of Bremerton to redevelop the central Bremerton waterfi'ont, will provide the BTC project component subject to a guaranteed maximum price verified by a competitive alternative cost analysis led by Kitsap Transit. 6. The Port, in consultation with WSF and any other affected parry,, w-ii1 secure at its sole expense any property and property rights necessary for the replacement and expansion of passenger-only ferry facilities proposed as part of Phase "A" of the BTC component of the Sinclair Landing Project. 7. TCG will serve as master developer of the private commercial components of the Sinclair Landing Project, including, the development of a commercial retail/office building as an integral part of the BTC as will be provided in collateral agreements between SLA and TCG and between SLA and Kitsap Transit. The parties' agreed roles are described in more detail below and will be confirmed in collateral agreements necessary for the development of the BTC and Sinclair Landing Project. -6- RLGOSH COMMITMENTS TO PROPERTY RIGHTS AND PROTECT AGREEMENTS A. In order to provide for the ~ound and air rights development of the BTC project component in a manner which appropriately recognizes the ultimate investment, risk, use, and benefit from the project, the parties agree to develop and enter into a series of rights of' entry/temporary construction easements, and acquisition, construction and purchase or lease agreements as specifically set forth herein to allow for the appropriate financing, construction, operation and maintenance of the BTC. The parties commit to negotiate in good faith the following agreements which are so integral to the intent of tkis Agreement that failure to so proceed in good faith would constitute a material breach of this Agreement and cause significant damages to the other parties; provided, failure to proceed as a result of the good faith and lawful exercise of a government party's police or legislative powers or of SLA's corporate powers as provided in Title 24 RCW, or due to state statutory or constitutional requirements, shall not constitute a material breach. It is the intent of the parties that all of the below-listed a~eements, with the exception of the WSF long-term lease with Kitsap Transit (to be concluded prior to the completion of BTC construction), shall be fully negotiated and submitted to the parties' respective legislative, administrative, or corporate bodies for approval concurrently and within one hundred twenty (120) days from the effective date of this Agreement. The commitments of the parties to acquire and transfer properties, subject to the more detailed terms of the actual conveyance agreements, are as follows: 1. WSF agrees to long-term lease and/or franchise property to Kitsap Transit for support columns and footings and utilities necessary for the BTC as shown on Exhibit C. WSF further agrees to long-term lease to Kitsap Transit and to its direct successors the air space above the WSF property as shown on Exhibit C only for the construction, operation and maintenance of Kitsap Transit public transportation facilities and services. 2. SLA agrees to use, as a basis for negotiations, an industry-standard commercial design-build contract with HSWCC as the BTC Project Delivery Agreement, -'7- hereinafter referred to as the "PDA" and as further described in Section V.B. below. The PDA shall ref'erence Federal Transit Administration requirements including those previously negotiated between the Federal Transit Administration and Kitsap Transit as outlined in Exhibit D attached hereto and by this reference incorporated herein. The BTC PDA will provide for appropriate performance and payment bonds, prevailing wages and builder's risk insurance and include such requirements as may be deemed necessary by WSF, Kltsap Transit and the FTA. 3. SLA and Kitsap Transit agree to negotiate in good faith a separate BTC Purchase Agreement between the parties which commits SLA to develop arid construct the BTC project component and Kitsap Transit to lease and/or acquire the completed BTC project component from SLA, and to pay SLA for elements of the facilities delivered to Kitsap Transit as they are completed as described on Exhibit B (BTC Development Plan) and the BTC Financing Plan attached hereto as Exhibit E and by this reference incorporated herein. 4. KJtsap Transit and the City agree to negotiate in good faith and execute a lease agreement providing for the temporary use of City property during construction as may be necessary for the development of the BTC project. Such agreement shall also provide for reimbursement to the City for the net parking revenues lost from these properties provided to the BTC project to facilitate construction during the construction period. In any development agreements with TCG for the commercial/retail office component of the BTC, Kitsap Transit shall ensure that the development arrangements include the grant of public easements through the commercial developments as may be necessary or helpful to facilitate ferry and bus passenger traffic access both to the public transportation facilities and to future commercial activities adjacent to the BTC project to the reasonable satisfaction of WSF or the affected public agency. Kitsap Transit and the Port shall grant to WSF easements across the Kitsap Transit and Port owned properties, identified on Exhibit C by hachure marks, as may be necessary or helpful to facilitate ferry passenger traffic access to the public transportation facilities. 5. Kitsap Transit, the City and WSF agree to negotiate in good faith a separate agreement to demolish, dispose or salvage for project reuse the existing WSF passenger terminal building and toll booths currently used by WSF terminal management staff and Kitsap Transit ~ustomer service staff. B. Kitsap Transit, WSF and the Port agree to negotiate in good faith a Joint Use, Operations and Maintenance Agreement providing for the assignment of maintenance, operation and security responsibilities for different levels and areas of the BTC project as completed, procedures for public announcements and advertising, rental and commercial management, risk allocation, modifications in the facility and similar operational details. SLA shall initiate and coordinate the negotiations. The parties agree that the general allocation of such responsibilities shall be as outlined in Exhibit F attached hereto and by this reference incorporated herein. Negotiations based on Exhibit F shall be concluded among the parties within ninety (90) days after notice to proceed is issued for construction of the BTC. C. Kitsap Transit, as lead agency, will assume responsibility for the acquisition of private property necessary for the BTC project component, including the exercise of the power of eminent domain, if necessary, and for relocation assistance to private businesses dislocated as a result of the BTC project, with the exception of the "Triangle Building" (First and Washington), which is to be acquired by the City as part of the SR 3/304 Project. The City shall inform Kitsap Transit of any delay in the acquisition schedule of said building, in order to discuss use of a potential alternate acquisition resource. Subject to appropriate legal and legislative processes, the City agrees to grant such street use permits and to convey or vacate such property and/or rights of way as may be necessary for the BTC project component as shown on Exhibit G attached hereto and by this reference incorporated herein. The City agrees to acquire the PSNS property identified on Exhibits C and G with project funds provided by Kitsap Transit and to transfer said property to Kitsap Transit. WSF and Kitsap Transit will exchange properties as described'in the Real Property and Air Rights Allocation Plan attached as Exhibit C and as is otherwise necessary for the development of the BTC on a value for value basis. WSF and Kitsap Transit agree to enter into a separate written agreement regarding these and other real property transactions contemplated by this Agreement. Kitsap Transit and the City shall cooperatively develop real -9- RLGOSH OOC ~ property acquisition, relocation, transfer and street vacation plans, subject to their necessary. public pkrticipation procedures and legislative approvals and to applicable laws, which establish a cooperative process, plan and schedule for the respective agencies to assemble the necessary public and private properties and to provide relocation assistance to businesses and persons dislocated by the phases of the BTC project. Kitsap Transit and the City shall implement the plans consistent with applicable federal regulations and guidelines as applicable. The plans shall provide for transfers to and between Kitsap Transit and the City by quit claim deed of properties acquired, conveyed or vacated for the BTC including in perpetuity all rights, title, and property. interests in the street areas, reversionary rights and all rights of access, light, air, and view. The quit claim deeds shall be in good legal and rei:ordable form. Kitsap Transit will assume the responsibility for any additional compensation for property rights or relocation assistance that may be required by federal agency audits of the BTC project. D. During the term of this Agreement and as necessary to develop the BTC project, each of the parties shall grant each of the other parties, as requested, rights of access for construction purposes over their respective property ownersNps in the form of temporaO, easements or rights of entry for the performance of obligations or the exercise of rights granted to or assumed by the parties under this Agreement and the above-referenced agreements. If necessary to coordinate construction or other development activities, the parties shall formalize these rights in appropriate coordination agreements and protocols as may be requested by any individual party. III. PERMITS AND APPROVALS A. SLA shall provide in the Project Delivery Agreement that HSWCC, as the general contractor for the BTC project construction, and at HSWCC's sole cost, shall itself secure or secure from other participating agencies all permits and approvals required for the BTC project construction, including the master building permit. SLA, as sponsor and owner of the PUD, shall cooperate with the City and Kitsap Transit in pursuing necessary zoning and land use approvals. - 1 O- ~L~os~ Doc B. All of the parties agree to cooperate in securing the construction permits and approvals required for the BTC project, recognizing that SLA shall serve as a private sponsor for the BTC project. All parties owning properties included in the BTC project component of the PUT) agree to timely execute all necessary documents for the submittal of the final PUT) application to the City. The parties understand and agree that each governmental party, will retain its normal police and regulatory powers and that, in carrying out the responsibilities, they will do so independently and without undue influence by other governmental officials or employees or by private citizens. All of the part!es understand and agree that the City, Port, and Kitsap Transit officials and employees, during the term of this Agreement, will not seek to influence agency decisions in a manner that would deny HsWcc, TCG, and SLA the benefits of existing ordinances and policies, insofar as they are legally valid, nor will such agencies allow SLA, HSWCC, and TCG to accomplish a result that would not be permitted under applicable ordinances, policies and laws. C. Notwithstanding anything to the contrary in this Agreement or in the related collateral agreements, nothing shall be deemed to supersede or excuse compliance with applicable requirements of federal, state, or local laws or regulations related to the financing, construction, maintenance and operation of the BTC project component, including, without limitation, Federal Transit Administration and Washington State Department of Transportation rules, regulations and requirements. IV. DEVELOPNiENT S CHEDU'LE A. The General Development Schedule for the Sinclair Landing Project is attached as Exhibit H and by this reference incorporated herein and includes the BTC project component schedule, as currently phased. The specific schedule for the BTC project component, as the initial phase of the Sinclair Landing Project, will be established in the PDA between HSWCC and SLA and in the Purchase Agreement between SLA and Kitsap Transit as further described in Article V. The BTC project component schedule shall be coordinated with the property acquisition activities and related utility and street improvements pursuant to the PDA between HSWCC and SLA after consulta~tion with the City, Kitsap Transit, WSF, the Port and other relevant agencies and utilities. B. The parties recognize and a~ee that the collateral agreements, including, agreements necessary for subsequent phases of the Sinclair Landing Project will be dependent on timely accomplishment of the BTC project component schedule and compliance with applicable environmental processes and FTA grant requirements. V. CONSTRUCTION CONTRACTS A. Kitsap Transit and SLA agr.ee that the PDA between SLA and HSWCC shall provide for the establishment of a guaranteed maximum price without material contingencies or exceptions, or "GM?," to be negotiated by April 30, 1998, assuming a letter of no prejudice is issued by the Federal Transit Administration no later than April 1, 1998, for the design and construction of Phases "A" and "B" of the BTC project component. WSF, Kitsap Transit and the Port will be sufficiently involved in the design review process and approval of the BTC project scope design to confirm that WSF design guidelines and applicable building codes are incorporated. The construction contract documents will provide for close coordination of the work with WSF, Kitsap Transit and Port operations and ensure that design features provide structural and functional compatibility with planned TCG and Sinclair Landing Project components. B. The PDA shall be based on the AGC Standard Form of Design-Build Agreement and General Conditions Between Owner and Contractor, AC_K2 Document No. 415, modified as req_uired for the specific conditions of the BTC project. The form of the construction contract shall be consistent with Federal Transit Administration regulations, Grant Agreement requirements, applicable FTA Master Agreement provisions, a 75% subcontractor-bidding requirement and the Alternative Cost Analysis process enclosed as Attachments B and C, respectively, to FTA's letter of April 4, 1997, attached as Exhibit D. C. SLA agrees to provide in the PDA that HSWCC and its subcontractors will pay federal l~revailing wages, provide performance and payment bonds, bid 75% of the work, and meet appropriate Disadvantaged Business Enterprise and Equal Opportunity goals as required by' KJtsap Transit and by applicable state and federal law for publicly financed elements of the BTC project component construction. D. The GM]) established in the PDA shall be subject to review and comment by WSF and the Port prior to its approval by Kitsap Transit. VI. CONSTRUCTION SEQUENCE AND COORDINATION OF WSF, KITSAP TR_Az-N'SIT AND PORT OPERATIONS A. The final design, schedule and construction plans developed by HSWCC for the BTC project component shall be subject to approval by WSF, the Port and Kitsap Transit to ensure that the BTC as completed will satisfy Kitsap Transit, the Port and WSF requirements and that WSF, Kitsap Transit and Port can maintain their essential operations without material disruption during the period of construction. Such approvals shall not be unreasonably withheld. The PDA will require HSWCC to not vary from such design, specifications, schedule, plans or contract documents without following the change order procedures specified in the PDA. B. The sequence, relationship and duration of construction activities for the BTC shall be coordinated as set forth in the Construction Management Plan attached hereto as Exhibit I and by this reference incorporated herein. The Plan shall be implemented so as to pro,Ade for temporary facilities and the staging of construction operations in a manner which preserves the continued operations of WSF, the Port and Kitsap Transit at the terminal location without material disruption to any agency. The Construction Management Plan shall also identify, lay down, storage and staging areas required by any of the parties to implement their responsibilities under the plan. The Construction Management Plan shall be agreed to by all of the parties and shall serve as the guideline for the parties during the term of the construction. Each party shall bear its own cost to implement the Construction Management Plan. The Construction Management Plan shall be subject to amendment by agreement of the parties during the construction utilizing the AOC process referenced in Article VII. Kitsap Transit, the Port and WSF hereby waive any claims between them for additional operating costs or inefficiencies incurred during the course of construction except only for impacts caused by an agency's breach of such plan. C. The parties shall use their best efforts to coordinate the BTC project component with the General Development Schedule for the Sinclair Landing Project attached hereto as Exhibit H. VII. BTC PROJECT COMPONENT MANAGEMENT/ CH..~N'GE ORDER PROCEDURES A. The parties have provided for a BTC Project Management Organization and Process, as described in Exl-dbit J attached hereto and incorporated herein by reference which describes the parties' commitments to coordinate in the management of the BTC construction process. The parties have also established a BTC Change Order Process, attached hereto as Exh/bit K and incorporated herein by reference which establishes procedures for initiating change order requests, and review approval, or denial of such requests. B. An Agency Oversight Committee ("AOC") is established, among other reasons, for processing the BTC Project's change order requests. The AOC shall review such requests consistent with the requirements established in the PDA. The AOC's determinations by majority vote on change order requests shall be binding on the parties unless appealed to the BTC Po[icy Committee as provided in subparagraph VII.D below. The AOC determinations may incIude majority and minority reports to fully advise the BTC Policy Committee. C. The parties have established a Site Operations Management Team as described in Exhibit K to assist in establishing a cooperative basis for resolving operational issues during construction. Operational issues shall first be reviewed by the Site Operation Management Teams, and if they are unable to resolve the issue, then it will be referred to the AOC. In addition, even if the Site Operations Management Teams does agree, any decision that affects construction schedule, cost, or scope shall be referred to the AOC for review and approval. The AOC is authorized to review and resolve all such disputes over WSF, Port, or Kitsap Transit operati6nal problems related to construction activities prior to the initiation of formal dispute resolution through the ADR provisions in Article IX. The AOC's recommendations on operational issues shall be determined by a consensus of its membership, and shall be advisory to the parties. The AOC recommendations may include majority and minority reports to fully advise the BTC Policy Committee of the range of opinions on the dispute. D. In the event any party is dissatisfied with the AOC resolution of an issue, that party may, within ten (10) days of receipt of the decision of the AOC, request in writing that the BTC Policy Committee review the AOC decision. In the event the AOC cannot reach a majority consensus decision, or in the event a party is dissatisfied with its resolution, the BTC Policy Committee review shall be commenced as soon as practicable, but in no event later than ten (10) working days following receipt of the request for review. The BTC policy committee shall re,,iew all such issues and any recommendations from the AOC as to a consensus or preferred resolution, fully consider any written information and oral testimony submitted, including analysis of the impacts of the recommended resolution on partner agencies and shall reach a final decision by two-thirds (2/3) vote, which shall be binding upon the parties unless appealed to the ADR process provided in Article VIII or carried forward to litigation. The findings and recommendations of the AOC or the BTC Policy Committee and positions asserted by a party may be submitted in any subsequent ADR proceeding Out not litigation). VIII. - DISPUTES If a claim or controversy under this Agreement is not resolved by the BTC Policy Committee , the parties shall attempt to resolve the dispute through a nonbinding, structured mediation procedure faskioned by the parties with the assistance of persons or organizations experienced in alternative dispute resolution ("ADK"). The ADK shall be initiated within thirty (30) days from the date of the written request unless extended by agreement of all parties concerned with the issue. The ADR. procedures utilized for the mediation shall include the exchange of written claims and responses, with supporting information, at least seven (7) days prior to 'the actual mediation. The positions expressed and mediator's recommendations shall not be admissible as evidence in any subsequent legal proceeding. IX. NON-DISCRIMINATION Subject to applicable laws or regulations, the parties to this Agreement agree that: (i) no person, on the grounds of race, color, creed, national orion, marital status, age, sex or the presence of any sensory, mental or physical handicap shall be denied the benefits of, or be other-wise unlawfully subjected to discrimination in access to and use of the BTC project improvements; (ii) in connection with the construction or installation of any such improvements, no such discrimination shall be practiced in the selection of employees or contractors, or by contractors in the selection and retention of their sub-contractors; and (iii) the parties hereto shall use the BTC project improvements in compliance with all other requirements imposed pursuant to any federal, state or municipal laws or regulations. The breach of any of the above non- discrirnination covenants shall be a material act of default entitling any non-defaulting party to terminate this Agreement in accordance with the procedures set forth herein. X. ASSIGNMENT, SUBCONTRACTING No party to this Agreement shall assign, delegate or transfer this Agreement or the obligations incurred hereunder, in whole or in part, by operation of law or otherwise, or subcontract for the management or operation of the project improvements or parts thereof, without the prior written consent of the other parties to this Agreement, which approval shall not be unreasonably withheld. INDEMNIFICATION By entering into this Agreement in the form of a Memorandum of Understanding, no party agrees to assume liability or responsibility for any action or omission of any other party. This Agreement shall not be construed to require any party to protect, hold harmless or defend any other pa'ny against claims, suits or actions arising from any act or omission or contractual or other liability of another party's employees, agents, contractors or other vendors while performing under the terms of this Agreement. XI1. INSURANCE A. At its sole expense, each party to thSs Agreement shall keep its BTC project activities and operations continuously insured throughout the term of this Agreement against claims by each party's employees, agents, customers and invitees for personal injury, or propeny damage, by an insurer licensed or'approved to do business in Washington State; provided, if a party can substantiate that it is self-insured for the majority of such risks, it may provide the other parties with evidence of self-insurance. The insurance required herein shall be of the type and minimum amounts described in Paragraph B. below; provided, coverage in the stated minimum amounts shall not be construed to relieve any party hereto from liability in excess of such Each party to this Agreement shall provide, either separately or jointly with one or other parties, where applicable the following insurance ( or self-insurance, if permitted herein) in the minimum amounts stated: coverage. B. more of the Commercial General Liability in the minimum amount of $I,000,000 combined single limit to include: Personal Injury. (including death); Premises Operations; Produdts/Completed Operations; Blanket Contractual; Broad Form Property Damage; and Independent Contractors. Comprehensive Automobile Liability in the amount of $1,000,000 combined single limit to include: Bodily Injury and Property Damage. Workers' Compensation and Employer's Liability, as required by law. C. Any party contracting for work on the BTC shall require its on-site contractors to provide Longshore and Harbor Worker's Compensation insurance, as required by federal law and Pollution Liability Insurance, including environmental impairment liability endorsements, in the minimum amount of S 1,000,000 per occurrence and $2,000,000 in aggregate, inclusive of legal defense 'costs. D. Kitsap Transit shall procure builder's risk property insurance for the BTC Project components, including material and supplies at the site, storage offsite or wkile in transit, to the insurable value thereof. Such insurance shall include the interests of the Kitsap Transit, SL,-L contractor, and subcontractors and shall cover the standard "ail risk" perils. The deductible shall be determined and borne by Kitsap Transit except to the extent such loss is covered by the contractor or subcontractor liability, insurance, or results from negligence or breach of the contract by the contractor or subcontractors. The contractor and subcontractors shall provide property insurance covering all property owned by or in control of the contractor or subcontractors, which will not be incorporated into the BTC work, losses sustained by any third party, or delays. Such insurance shall cover "ail risk" of physical loss, for the full replacement value of such property. The deductible therefor shall be determined and borne by the contractor. Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theR, vandalism, malicious misckief, collapse, false-work, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements. E. In addition, during the design and construction of the BTC, Kitsap Transit shall procure, or require its contractor to procure, project insurance in conformance with Section 1.07.18 of the 1998 "Standard Specifications For Road, Bridge and Municipal Construction," published by the Waskington State Department of Transportation ("WSDOT Standard SPecifications"). The actual insurance coverage and values procured may exceed that specified in the WSDOT Standard Specifications. Such insurance shall also include the pollution liability coverage specified in Article XII C. above. F. Except for Workers' Compensation coverage, the insurance policy or policies required by tkis Section (or self-insurance, if permitted by this Article) shall name each of the other parties to tkis Agreement as an additional insured thereon. Such inclusion shall not create premium liability for any such additional insured. All parties shall have a reasonable amount of time to ~'eview, comment on, and approve the scope of insurance coverage secured for this project prior to procurement. Insurance coverage for the BTC after construction shall be as specified in the project Operations and Maintenance Agreement. G. If commercial insurance is procured, the insurer(s) shall waive subrogation against the additional named insureds hereunder, and a cross liabilities endorsement shall be included in the insurance policy or policies required by this Article. The policy or policies shall be primary, over any other valid and collectible insurance. H. The insurance policy or policies required by this Article (or self-insurance, if permitted by this Article) shall not b'e materially changed or canceled without at least forty-five (45) calendar days' prior written notice to the additional named insureds hereunder. Upon execution of this Agreement, each party hereto shall provide each of the other parties either (i) a certified copy of the insurance policy or policies, or a certificate of insurance evidencing such coverage; or (ii)if self-insured (as permitted herein), a statement of self-insurance guaranteeing the party's ability to provide the loss coverage required herein. XIII. ACCOUNTING PROCEDURES Each party to this Agreement shall make all its books, accounts and other records pertaining to this Agreement available for audit by any party hereto or by the state or federal government at all reasonable times during the term of this Agreement and for three (3) years a~er the BTC is completed; provided, if any litigation, claim or audit is started before the three (3) year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. XIV. NOTICE AND APPROVAI. Whenever written notice is required to be given under this Agreement, it shall be given to the following respective addresses: Washington State Ferries, Washington State Department of Transportation Coleman Dock - Pier 52 801 Alaskan Way Seattle, WA 98104 Attention: Terry McCarthy City of Bremerton 239 4th Street Bremertork WA 98337 Attention: Lyrm Horton Kitsap Transit 234 - South Wycoff Bremertork WA 98312 Attention: Dick Hayes Port of Bremerton 8850 SW Highway 3 Port Orchard, WA 98367 Attention: Richard Brandenburg Sinclair Landing Association P. O. Box 29 Bremerton, WA 98337 Attention: Mary McClure or to such other respective addresses as either party may hereafter designate in writing. Notice sent by mail shall be deemed to have been given three (3) calendar days after proper mailing, and the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. Approvals, where required by this Agreement, shall be effective in the same manner. X-v'. TERaMINATION A. In the event any party shall fail to perform, keep or observe any term. covenant, agreement or condition contained in this Agreement and any such failure shall remain unremedied for sixty (60) days alter written notification thereof shall have been given by any party, to the non- performing party, the non-performing party shall be in default under this Agreement; provided, however, that if the default is of such a nature that it is not susceptible of cure within sixty (60) days and if the non-performing party commences to cure the default within said sixty. (60) day period, the non-performing party shall not be in default under this Agreement so long as ~t is diligently prosecuting said cure to completion. From and after the date of such default, the other parties shall have, in addition to any other fights or remedies available under this A~eement or otherwise available at law or equity, an action for actual damages (including reasonable attorneys' fees and costs) or the right to demand and have specific performance of this Agreement, and an injunction or order to compel the defaulting party to observe or perform its covenants and obligations hereunder. B. Notwithstanding the above, a party shall not be in default if its failure under the Agreement results from: (1)determination to act or defer action in the good faith and lawx~-ut exercise of police powers or legislative discretion or acting pursuant to state statutory, or constitutional requirements by a local and state government or agency party which is explained in writing to the other parties; or (2) a determination to act or to defer action by SLA in the good faith and lawful exercise of its corporate powers. C. Notwithstanding any provision of th/s Agreement to the contrary, (1)the rights and remedies of the parties to this Agreement, whether provided by law or this Agreement, shail be cumulative, and the exercise by any party of any one or more of such remedies shall not preclude the exercise by it, at the same time or different times, of any other such remedies for the same default or breach by the other parties; and (2) consequential damages and damages which -21 - Rmo~ ooc ~ are speculative or remote are not recoverable under this Agreement even if such damages would otherwise be available under law or equity. D. No waiver made by any party with respect to the performance, or manner or time thereof, of any obligation of any other party or any condition to its obligations under this Agreement shall be considered a waiver of any other obligation of any other party. No such waiver shall be valid unless it shall be made in writing duly signed by the party waiving the fight or rights. XVI. SEVERA.BILITY If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be invalid or unenforceable, the remainder of this A~eement, or the application of such term or provision to persons or circumstances other than those as to which it held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect. XVII. LEGAL RELATIONS No liability shall attach to any of the parties by reason of entering into ti'ds Agreement except as expressly provided herein. Nothing in this Agreement shall be deemed to create any legal relationship with persons or entities not a party to this Agreement, and no such person or entity shall have a cause of action or claim for damages because of provisions in or reliance upon this Agreement. XVIII. GOVERNING LAW This Agreement shall be deemed to be made in the County of Kitsap, State of Washington, and the legal rights and obligations of the parties shall be determined in accordance with the laws of the State of Washington. All legal actions in connection with this Agreement shall be brought in the County of Kitsap, State of Washin~on except legal actions brought by or against WSF shall be 'brought and maintained in Thurston County. XIX. ENTIRE AGREE N[ENT/AM]ENDMENT S This Agreement constitutes the entire agreement between the parties relative to the subject matter herein. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing. XX. WSF SPECIFIC PROVISIONS A. The other parties expressly acknowledge and agree that WSF's rights under ti-tis Agreement to review, comment on, disapprove and/or accept designs, plans specifications, work plans, construction, equipment installation (A) ex. ist solely for the benefit and protection of WSF; (B) do not create or impose upon WSF any standard or duty of care toward the other parties, all of which are hereby disclaimed; (C) may not be relied upon by the other parties in determining whether the other parties have satisfied any and all applicable standards and requirements; and (D) may not be asserted, nor may WSF's exercise or failure to exercise any such rights be asserted, against WSF by the other parties as a defense, legal or equitable, to the other parties' obligations to fulfill such standards and requirements and regardless of any acceptance of work bv WSF. B. The other parties expressly acknowledge and agree that this Agreement is not a legally binding contract on WSF but rather, as to WSF, a written statement outlining :he understanding of the parties that will serve as the basis for future formal contracts including WSF. As such, the termination provisions contained in paragraph XV herein do not apply to WSF. it is expressly acknowledged and agreed that WSF may, without penalty or further liability, terminate this Agreement for any reason with thirty (30) days written notice to the other parties and that the other parties reserve a similar right as to WSF. IN WITNESS WHEREOF, the parties hereto, and by their duly authorized representatives, have executed this Agreement as of the day and year first above written. WASHINGTON STATE FERRIES, Washington State Department of' Transportation By: Paul Green Director Date: Approved as to form for Washin~on State Ferries By: Assistant Attorney General Date: CITY OF BR.EMERTON By: Lynn, Horton, Mayor Date: Attest for City of Bremerton By: Date: KITSAP TRANSIT By: Richard Hayes, Executive Director Date: Attest for Kitsap Transit By:' Date: PORT OF BREMERTON By: Richard Brandenburg, Executive Director Date: Attest for Port of Bremerton By: Date: SINCLAIR LANDING ASSOCIATION By: Gary Gartin, Chair Date: Attest for Sinclair Landing Association By: Date: F. G. H. I. J. K. EXHIBITS Plan View Document and Narrative describing entire Sinclair Landing Project. Plan View Document and Narrative describing Bremerton Transportation Center Development (with overhead Ioadin~passenger loading component as initial construction activity and identifying Phases A, B and C). BTC Real Property and Air Rights Allocation Plan. FTA April 4, 1997 Letter Re: Procurement Issues on Bremerton Waterfront Redevelopment and [nterrnodal Terminal Project. BTC Financing Plan. BTC Operations and'Maintenance Agreement. Plot Plan of City Provided Property. General Development Schedule for Sinclair Landing Project. Construction Management and Quality Assurance Plan. Project Management Organization and Process BTC Change Order Process P.S.N.$. NOT FOR CONSi~UC'110N EXHIBIT B NOT FOR _.~ , CONSll~UC110N LDLLL~L' ........... , ) , EXHIBIT F RI~tlT ~ WAY' V,4¢AI~ON$ TO (~ AoJ~3~rP TO o~o Exhibit G. Milestones mo Do Execute the Master All I Final Partner Master Developmem Development Partners Signature A~eement Agreement Obtain Appraisal Letter Opinion of Value of Commuter Retail Building pad Submit plan of Public Features land acquisition to City Submit Development Program Proposal to SLA KT & TCG TCG TCO Within thirty. (30) days of ~Milestone A. Within thirty (30) days of Milestone A. Within ninety. (90) days of Milestone A. Section VII.A. Section VI.A. Section II.A. mo Review Development Program Proposal City Approval of Development Program Proposal Provide Letter of Credit commitment Obtain Equity Letter Transfer Commuter Retail Building pad SLA City City TCG KT Within thirty. (30) days of Milestone D. Within sixty (60) days of Milestone D. Within sixty, (60) davs of Milestone D. Within one hundred eighty (180) days of Milestone A. September 15, 1998 Section II.B. Section II.B. Section II.B. Section VIII. C. Section VII.A.3 Evhibit I! Sinclair I,amling Association Admin Legls Legal Find Kilsap Cily of Port Board 'PC(; IISWCC 1998 Tasks: Se~ices Liaison ~rviccs Se~ices Transit SLA Agenda & Board Meetings (6)I ~*~ ~ ~ Organi~tional Administration Permits Shoreline: BTC ~* Shoreline: Commercial Fealurcs . ~ ., PUD: BTC d PUD: Commercial Features d .... Pro~rty Acquisition BTC C'ommercial Features BTC Conlracls & Agreemenls BTC Team Communicalion Polic~,Group ~ .... 4' Agency Oversight Colnmillee ~ Agency Briefings "' . February; Mnrch (1997 aunual meeling); May; .luly; September; l)ecenlber (1998 annual nleeting) (proximale) Collaborale in selling agendas Finance Review Committee l,eml role NOT FOR CONSTRUCT1c : I ) L *1 HALF SIZE V!1.01 ATTACHMENT 3 March 15, 1999 Phil Berry Director of DCED Cth/of Bremerton 239 4"~ Strcct Bremerton, WA 98337 Re: Time extension for PUD 96-0002, Sinclair Landing Dear Mr. Bern/, We are requesting a time extension for PUD 96.0002, because we believe based on the progress made in the past year it is reasonable to assume a Final PUD Plan will be submitted within the extension pedod. But before providing details about our past progress and future plans, let me bring up one fairness question. The Commercial Group LLC (TCG) has had only Nvelve months to complete all the tasks necessary to submit a Final PUD Plan. TCG was fi~ awarded co-applicant status in the Master Development Agrccment on March 28, 1998. We f~cl the City Council should have reset 1he clock at that time. Since the ordinance allows applicants lwo years to assemble the land, secure tenant commitments, obtain financing and complete the design work necessary to make a Final PUD application, it Mc, ms unreasonable that the City would Only allow TCG 12 months. Furthermore, 12 months is an unreasonably short timeframe for a project of the complexity and difficutty of Sinclair Landing. We hope your office and the Ci~/Council will consider these factors when consldeflng our request for an extension. One more clarification before I begin describing our efforts during the past 12 months. There is some confusion about our marketing materials and whether they represent potential changes to the Preliminary PUD Plan. The misunderstandings surround some plans and marketing materials prepared for us by Callison A~chitecture. The purpose of these materials was twofold: first, our or'~inal plans had not generated the kind of tenant enthusiasm we were hoping for so we authorized Callison to come up with some new designs that had more sparkle; and second, we wanted to study alternative parking garage locations. These drawings were for study and if they received the kind of reception we hoped for, then we would apply for a modification to the Preliminary PUD Plan. As a matter of fact, the proposed new parking locations were not favorably received and the response to the design although positive was not sufficient to justify a madiflcatlon to the Preliminary PUD Plan. P.O. Box ] 0145, Bainbridge Island, WA 98110 V: 206-855-9423 F: 206-855-9438 e-mail: rmcgrea188@aol.com In the following Sections we will outline the major events and activities we undertook since the Master Development Agreement was signed, Chranology April 1998 May 1998 · Prepared Powerpoint presentation to market Sinclair Landing. · Met with legal team to find method to finance parking garage, · Made presentation to Construction Trade Unions as potential equity investors in Sinclair Landing, · Made presentation to Washington state pension advisors as equity investors in Sinclair Landing project. · Made presentation to Trammel Crow as an equity investor or development partner in Sinclair Landing, · Met with MacDonald's real estate staff about land purchase and tenant interest. · Made presentation to Trizec-Hahn as equity investor or development partner. · Met with various local tenants about their interest in the Commuter Retail Building, · Made individual presentations to the Bricklayers and Operating Engineers as equity investors. · Prepared Financial Package. · Prepared Sinclair-Landing.corn website to market the project, · Met with Piper Jaffray to help with contacting equity investors, · Met with Oppenheimer to help with contacting equity investors, · Met with Gleena Malanca and new City bond counsel to discuss passible garage flancing scenarios and resolve "guarantcc" issue. · Met with ERA representatives to prepare Economic Impact study. · Executed Design Agrccment with Callison Architecture, · Contracted with McCarthy as General Contractor for project, · Began design process with Callison Architecture. · Prepared target list of possible equity sources, 2 03/15/99 Sinclair Landing Time Extension Request June 1998 July 1998 August 1998 Met with lNG Barings about an equity investment. · Began correspondence with Texas equity investor. · Prepared Land Acquisition Strategy and presented to Mayor. · Prepared Land Acquisition documentation for property owners. · Held meetings with major property owners. · Arranged financing meeting with Oppenheimer and City officials. · Executed Appraisal Agrccment with Palmer Groth & Pietka. · Met with Diamond Parking management to discuss land acquisition and parking garage management. · Met with Navy officials to discuss the use of the stccl lay-down yard as an area for additional parking. · Began analysis of the structural condition of buildings in Bremerton. · Began analysis of the environmental condition of buildings in Bremerton. · Began analysis of the cost of renovating the buildings in Bremerton. · Met with local state officials to prepare them for a request to help the City of Bremerton obtain a co-signer for the parking garage. · Refined the entertainment concept of the project with the help of the Bob Rogers Company from Burbank, CA. · Finalized Callison design efforts. · Prepared new Marketing Packages incorporating Callison's designs. · Met with Eddie Bauer and Nike representatives. · Talked with over 50 tenant representatives of major outlet store operators. · Prepared booth for Outlet indusW convention. · Obtained interest commitments from eight outlet store operators at the convention. · Met with representatives of Texas equity investor. · Met with Steve Craig, the West Caast's number one outlet developer, and convinced him to make a trip to Bremerton. · Obtained interest commitments from two restaurant tenants. 3 03/15/99 Sinclair Landing Time Extension Request September 1998 · Made presentations and convinced the R, K, Getty Company to participate as an equity investor, · Spent a day with Steve Craig describing the Sinclair Landing project, · Spent a day wffh John Bankett of Rcobok and obtained an interest commitment from him. · Presented project to a Health Club owner, · Continued discussions with restaurant tenants, · Continued discussions with Commuter Bidg, tenants, October 1998 Continued discussions with outlet tenants that had indicated an interest. Began talking to smaller property owners. Presented major property owners a Land Equily Proposal. November 1998 · · · · · Presented project to Intracorp in Seattle. Presented project to Vulcan Northwest in Seattle. Presented project to Fisher Properties in Seattle, Presented project to representatives of Craig McCaw. Met with major properh/owners to discuss the land equity proposal. Made progress in contacting other wealthy individuals in Seattle who might be interested in Sinclair Landing December 1998 · Began Commuter Retail Building design. · Presented project to Bass Hotel representatives. · Presented project to KinderCare representatives, · Presented project to a major Seattle waterfront restaurant operators representatives. January 1999 · Presented project to Packard family financial representatives of the Hewlett Packard company. Prepared Status presentation for Bremerton City Council, 4 03/15/99 Sinclair Landing Time Extension Request Ust of Expendifures Office Expenses Travel & Leasing Expenses Partner Expenses Sinclair Landing Association The Rucker Group ATS Sinclair Properties LLC Attorneys Davis Wright Tremaine Graham 8, Dunn Russel W, Hartman Perkins Cole Leasing Brokers Retail Development Network Architects 8, Engincors Callison Architecture Art Anderson Associates Lawrence Kreisman Consultants Palmer Groth 8, Pietka ERA BRC Moss Adams Marketing Materials & Advertising Design 3D Bremerfon Printing Value Retail News Kinko's $42,000 $54,000 $238,000 $88,000 $42,o0o $110,000 $37,000 $135,000 5 03/15/99 Sinclair Landing Time Extension Request Summa~/ This ,is a brief summary and does not include all the activity. We have left out most of the activity that did not lead to a fruitful conclusion, I hope it gives you an impression of the scale of our efforts and the ways we are addressing the major goals In the project. In addition, the List of Expenditures only Includes the out of pocket cash expenses we have invested, and not the time and effort which all of us donated which equals another $750,000 at least. Phil, I have also attached a project schedule that reflects our current estimate of the steps to be followed over the next twelve rnanths, and if successful should allow us to meet the time constraints of an extension for PUD 96-0002. Thank you for your consideration of our request. Sincerely, Randy McGteal Managing Director The Commercial Group LLC 6 03115/99 Sinclair Landing Time Extension Request I Acquire WFP land option 20 Sign I~ for ~ of pro~t Ml~tone Page 1 ATTACHMENT 4 12:24 M1:~'ct118,1999 2594~ 5'liner BremertC~o WA ~7 CO~ERCIAL GROL'P ~ OOl have cc~ a ~'x:l~e '1 FIn~ PUD ~ ar~l ~ CIIy I"K~ approvecl fl'~e TH"[ CI]M M [HC Fi'I RO. Box I01 45, Bair, bndge island. WA 9811 0 V; 206-855-9423 F: 206-855-9438- e-moil: rmcgrea188~ool.com