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Home My WebLink About07/21/99 AGENDACITY COUNCIL AGENDA JULY 21, 1999 PRE-COUNCIL SESSION: 5:00 - 5:30 P.M. · General Council Business CALL TO ORDER: 5:30 P.M. · Pledge of Allegiance · Invocation CONSENT AGENDA \ Items listed below have been distributed to Council r~embers 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 - June 30, 1999 #AB99-135 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Bid Award for Timber Sale 99-1 B. Bid Award for Timber Sale 99-2 #AB99-136 10 #AB99-137 ~ ORDINANCES A. Ordinance (First Reading) Authorizing the Issue of General Obligation Bonds to Refinance the Olympic Course at Gold Mountain Golf Complex, and Accepting the Purchase Offer of Seafirst Bank #AB99-138 4'~ (CONTINUED ON BACK) 10. RESOLUTION A. Resolution No. 2713, Authorizing the City Treasurer to Make Application for Bank Credit Cards #AB99-139 11. PUBLIC HEARINGS - 6:00 P.M. OR LATER A. Resolution No. 2714, Regarding the Recovery of Fees for the Abatement of Dangerous Conditions on the Property Located at 2039 Wheaton Way Resolution No. 2715, Regarding the Recovery of Fees for the Abatement of Garbage and Debris on the Property Located at 315 & 317 E. 30"' Street Co Resolution No. 2716, Final Plat Approval for 5 Lot Subdivision in Single-Family Zone; Applicant: Gerard Vergeer; Location: NE Corner of Sheridan Road & Rickey Road #AB99-140 #AB99-141 #AB99-142 12. ADJOURNMENT OF MEETING AGENDA BILL BRE/~ERTON CITY COIINCIL MINUTES OF MEETING -- JUNE 30, 1999 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: JULY 21, t999 CITY COUNCIL MIKE SHEPHERD, PRESIDE' JULY 9, 1999 (comment on back if necessary_) ENDORSEMENT MAYOR 4. SUM!W_ARY INFORMATION__ APPROVED BY COUNCIL PRE SIDENT~O~-/~UB%~_TTAL: .... COUNCIL PRESIDENT ~~~/~/ STATEMENT AND REOU!REMENT FOR COUNCIL ACTIOn: 8. RECOM/~ENDATiON: o RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 3DED !1. AGENDA BILL NO: qq- I.t5 TAPES #1626 & 1627 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JUNE 30, 1999 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, June 30, 1999, at 5:30 P.M., with Council Vice-President Carol Arends presiding. Council members present were Carlos Montgomery, David Farr, Lon Overson, John Law, and Cecil McConnell. Council members Mike Shepherd, Jim Reed, and Wayne ©lsen were absent. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Council Assistant Christine Grenier. The meeting opened with the Pledge of Allegiance led by Council Vice-President Arends, who also provided the invocation. Vice-President Arends made the following announcements: (1) Prior to the meeting, City Council discussed general Council business; held a 10- minute Study Session to discuss "Rooftop Antennas"; and concluded with a 5-minute Executive Session to discuss "Litigation". (2) City Council will hold two Study Sessions following the Council Meeting tonight to discuss 1) "Small Business Development Center" and 2) "Allocation of HOME funds for Home Ownership". (3) At the Vice President's discretion as Chair of the meeting tonight, a letter from a member of the public will be read during the "Legislative Report" due to his being unable to attend the meeting tonight. CONSENT AGENDA A. Minutes of Meeting - June 16, 1999 #AB99-115 #0025 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. #0058 M/S/C/U (Montgomery/Farr) On June 30, 1999, the Council does approve for payment those vouchers included and further described as follows: 231955 through 232153 in the amount of $533,871.13; and Retiree Payroll for the period ending June 30, 1999 in the amount of $119,348.74. COUNCIL MEMBER REPORTS Mr. Montgomery_ just returned from the annual AWC conference held in Wenatchee, and reported it was "very productive". He also commended the City's crew for their efforts to repair and improve the Belfair Highway. TAPES #1626 & #1627 City Council Reg. Mtg. Minutes June 30, 1999 Page 2 of 8 Mr. Farr reported on a well-attended presentation by KIRO Channel-7 News held at the Admiral Theater, where discussions were held on ways to improve local reporting, with more emphasis on the positive things that are happening in the community. He also attended a luncheon and awards ceremony for Peninsula Services, and offered his congratulations to them for receiving national recognition for "Excellence in Contracting" by providing training and employment opportunities for persons with severe handicaps. Mr. Overson reported on the "great" District 4 meeting held recently, and was pleased with the level of attendance. He also appreciated presentations made by Mayor Horton and Chief Duke. He commented that the Bremerton Transportation Center is really progressing. Mr. Law was pleased that Representative Rockefeller, and members of the State Transportation Commission cared enough about Bremerton to show up and tour the Kitsap area and Bremerton Transportation Center with the Peninsula Regional Transportation Planning Organization. He also attended the presentation by KIRO Channel-7 News, and was pleased with their interest in Bremerton and the community. Mr. McConnell reported on his attendance at the AWC Conference in Wenatchee, which he found interesting and informative. He was also impressed with the KIRO Channel-7 News presentation. Mrs. Arends reminded the public to be conscious of small children and animals during 4th of July celebrations. MAYOR'S REPORT · Mayor Horton reported that she has been in dialog over the last 3-4 days with Gene Sampley, Director of Public Works, and a recommendation has been reached for disposition of the fluoridation equipment. Mayor Horton will present this recommendation to Council President Mike Shepherd upon his return; A Proclamation was read commemorating July 4, 1999 as "George Washington Day' which was received by Linda Rae Lind, Regent of the Elizabeth EIlington Chapter of the National Society Daughters of the American Revolution. Also present were June Smith, State Treasurer for the DNR Society; Andi MacDonald, (Martha Washington Costume); and Peter MacDonald (in costume as George Washington); and An announcement was made that during the week of July 10-14, the City of Bremerton will host approximately 300 youth from the South Carolina area who are part of a group called "World Changers". They will rehabilitate about 25 homes in Bremerton, and added that Block Grant funding will be used for all of the supplies. The Mayor stated that a list of the addresses for the 25 homes would be provided to City Council members. TAPES #1626 & #1627 City Council Reg. Mtg. Minutes June 30, 1999 Page 3 of 8 LEGISLATIVE REPORT A letter received by Andrew Parypa was read into the record at his request. He offered his comments and observation of the portion of the City Council meeting of June 21, 1999 that pertained to a request for a Beer Garden at an upcoming City event. PUBLIC RECOGNITION John Becker encouraged the initiation of home and historical building tours to promote the City's image. Paul Drnjevic read a letter before Council reiterating his concerns regarding fluoridation equipment. Glenna Malanca requested time to review the questions to determine the appropriateness of the responses to be given. Ruth Natividad mentioned that other cities are considering fluoridation, and suggested that those cities would be available to purchase the unused fluoridation equipment. Susan Brown asked for clarification of procedure regarding the reading of letters at meetings. Mrs. Arends responded that letters are not generally read into the record, but a "judgement call" was made in this particular case due to the author of the letter not being able to attend the meeting due to medical reasons. 9A - APPOINTMENT OF MINDY FOHN TO THE PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE, #AB99-116 Mayor Horton stated there is a vacancy on the Public Access Citizens Advisory Committee for the position of "City's Representative." It is recommended Mindy Fohn, Environmental Technician, Bremerton Public Works and Utilities be appointed to fill the vacancy. Gordie Byrd asked for a definition of "Public Access Citizens Advisory Committee". Mr. Montgomery_ responded that the committee deals with Public Access Television. #1275 MISICIU (Montgomery/Overson) Motion to confirm the appointment of Mindy Fohn as the City's Representative on the Public Access Citizens Advisory Committee. 9B - APPOINTMENT OF MICHELLE LANHAM TO THE PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE. #AB99-117 Mayor Horton stated there is a second vacancy on the Public Access Citizens Advisory Committee for the position of "City's Representative". It is recommended the vacancy be filled by Michelle Lanham." There were no comments from the public. Mr. McConnell asked how often this Committee meets, and if the candidate would be available for meetings while attending college? Mayor Horton responded the Committee meets once a month or as needed. The candidate lives in Bremerton and will make time for the Committee. TAPES #1626 & #1627 City Council Reg. Mtg. Minutes June 30, 1999 Page 4 of 8 Mr. Fart stated that he had an opportunity to meet Ms. Lanham while she was commuting by ferry for her education. He is pleased she is willing to volunteer her time, and believes she will be an asset to the City. #1380 MISIClU (McConnell/Montgomery) Motion to confirm the appointment of Michelle Lanham as the community representative on the Public Access Citizens Advisory Committee. 9C - INTERLOCAL AGREEMENT BE'i'VVEEN KITSAP URBAN COUNTY AND THE CITY TO FORM A HOME CONSORTIUM, #AB99-118 Debbie Peavler-Stewart, Administrative Analyst for the Department of Community Development, reported the City of Bremerton entered into an Intertocal Agreement with Kitsap County in 1997 to form a HOME consortium under the National Affordable Housing Act. The Agreement expires on December 31, 1999. The Department of Housing and Urban Development (HUD) provides under the HOME program to expand the supply of safe, sanitary, and affordable housing for Iow income persons. HUD determines the amount that may be allocated to States and local government based on a formula that considers the vacancy rate, condition and age of housing, and number of persons in poverty. Not all localities directly receive funds. In fisca~ years in which Congress appropriates 1.5 billion of HOME funds or more, a local government must meet a threshold of at least $750, 000 to receive direct funding. Those that don't meet the threshold may apply for funding for projects to the State or form consortiums with other entities. By forming a consortium with Kitsap County, we will increase the probability of receiving a direct HOME allocation. Congress appropriated 1.6 million dollars to the HOME program in 1999. The Kitsap County HOME consortium received $963,000 in 1999, the City of Bremerton received a set-aside of $438,165 of those funds. The HOME consortium agreement is structured, as it was during 1997-1999, to set aside 45.5% of the total consortium funds to the City, with 5% of the funds being available to the County for administration. John Becker asked how the 45.5% figure was determined, because he believes it should be a higher percentage. Ms. Stewart responded that in 1996, the City had planned on going into a consortium with the County, but the HUD office allocated the City's funds separately. When the amounts were put together, the City's amount added up to 45.5% of the total allocated funds. #1600 M/S/C/U (Montgomery/Farr) Motion to authorize the Mayor to sign the Interlocal Agreement for the HOME program years 2000-2001. 10A - ORDINANCE NO. 4653 (SECOND READING) AMENDING CHAPTER 9.48 OF THE BREMERTON MUNICIPAL CODE. #AB99-113 Fire Chief Al Duke reported that Chapter 9.48 of the Bremerton Municipal Code pertains to fireworks within the City of Bremerton. This proposal is to bring the BMC in compliance with State RCW's and WAC's. The major changes to the ordinance include identifying which fireworks are allowed to be discharged; that each fireworks stand shall have an adult 18 TAPES #1626 & #1627 City Council Reg. Mtg. Minutes June 30, 1999 Page 5 of 8 years or older in attendance at all times; that no persons under the age of 16 years old shall be allowed in the stand; and that there will be no selling of fireworks to any person under 16 years old and photo identification will be required. Gordie Byrd asked what time-frame fireworks would be allowed for discharge, and what were the penalties for non-compliance. Chief Duke responded the hours for discharge of fireworks would be from 11:00 A.M. to 11:00 P.M. on July 4th only. The penalties are up to 90 days in jail or up to $1,000 fine, determined by the Municipal Court Judge. Elizabeth Buell requested that firework stands post signs indicating these time limits. Chief Duke reported that signs indicating time limits are required to be posted, and are provided by the City. Melanie Williams expressed concern about prior fireworks activity and possible fire hazards. Chief Duke noted that patrols will be increased and citations will be given out to lawbreakers. #1865 M/S/C/U (Montgomery/Overson) Motion for Council to pass Ordinance No. 4653 on second reading. 10B - ORDINANCE NO. 4654 (SECOND READING) REVISING THE CODE OF ETHICS, #AB99-107 Glenna Malanca, City Attorney, reported this was 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 if the City Council adopts the attached Ordinance in its place. Ms. Malanca clarified the following three areas at the request of the Council: 1. Section 2.96.060 "Frivolous Complaints" - In response to the concern that the use of the word frivolous" should be clearly defined, it was stated that the term is very clearly defined under State Law to mean "without meril'; 2. Section 2.96.050 "Enforcement" (G)(4) "Discipline"- A caveat was added to include employees along with City Officials in dealing with discipline and civil service rules; and 3. Section 2.96.030 "Violations" - Specifies that only portions of State RCW 42.52 are hereby adopted by reference. Del Knauss requested that under Section 2.96.060(2) that the word "shall" be replaced with the word "may"; and provided Council with the complete list of the RCW's referenced to, and requested that Council adopt it as an attachment. John Becket concurred. concurred, and also requested the time-line for discussion on Council Rules & Procedures. Mr. Montgomery asked why a change in the ordinance was necessary if the ordinance complies with State requirements. Ms. Malanca responded that this was a "policy" decision, however, the ordinance in its previous form was not "user friendly". TAPES #1626 & #1627 City Council Reg. Mtg. Minutes June 30, 1999 Page 6 of 8 Mr. McConnell thanked Ms. Brown for her diligence with this issue, which resulted in the establishment of the current, clearer Code of Ethics. #2490 M/S (Law/McConnell) Amended motion to change the word "shall" to "may" under Section 2.96.060(2)"Frivolous Complaints". Motion withdrawn. #2450 M/S/C (Overson/McConnell) Motion for Council to pass Ordinance No. 4654 on second reading. Vote on motion: Motion carried. In favor: Opposed: McConnell, Law, Overson, Farr, Arends Montgomery 10C - ORDINANCE NO. 4655 (SECOND READING) AMENDING CHAPTER 2.62 OF THE BREMERTON MUNICIPAL CODE. #AB99-108 The attached Ordinance amends Chapter 2.62 by allowing the hearing examiner to have jurisdiction to receive and rule on complaints referred by the City Auditor, or as otherwise provided, in regards to the Code of Ethics. #2965 M/S/C/U (Montgomery/Law) Motion for Council to pass Ordinance No. 4655 on second reading. 10D - ORDINANCE NO. 4656 (SECOND READING) REQUIRING APPLICANTS TO PAY COST FOR ANY NEWSPAPER NOTICES, #AB99-109 JQn Hqlan, Planning Manager, reported this proposed ordinance would require applicants to pay for any newspaper notice costs for permit types included under BMC Sections 21.02.840, 21.02.845, 21.02.850, and 21.02.855. Mr. Holan clarified that the ordinance was amended to be identified in a specific section of the B.M.C. and at the Council's request, added that "Appellants" be included under Section 21.02.857 "Cost of Newspaper Notices" along with "Appficants" who will pay for the cost of any notices for publication. Additional wording was added to clarify that Planning Department Staff would prepare the notices. Elizabeth Buell asked how much these notices generally cost. Mr. Holan stated slightly under $40.00. Rodney Davies asked who would pay for the additional notice if precipitated by a citizen objection, and another meeting had to be scheduled; and what costs are covered by the permit fees. He objected to another cost being passed on to the taxpayers. Mr. Holan answered the City would pay for the additional notice; and permit fees cover the cost of staff time from the Planning Department as well as other Departments. Mr. McConnell voiced his opposition to adding individual fees for City services. TAPES #1626 & #1627 City Council Reg. Mtg. Minutes June 30, 1999 Page 7 of 8 Mr. Mont_oomen/_ felt that possibly less than 20% of the City's population utilize these types of permits, and did not believe the whole City should subsidize the costs, he therefore supported this proposal. Mr. Over$on stated that although he agreed with portions of both Councilmen's comments, he feared that increasing fees may discourage people from submitting applications for permits. For that reason, he did not support this change. #3240 M/S/F (Montgomery/Farr) Motion for Council to pass Ordinance No. 4656 on second reading. Vote on motion: Motion failed. In favor: Opposed: Montgomery, Arends Overson, Farr, McConnell, Law 11A - 2000 CDBG/HOME POLICY PLAN, #AB99-119 Debbie Peavler-Stewart, Administrative Analyst, reported the attached is the draft 2000 CDBG/ HOME Policy Plan, which initially was presented to the Council during a study session on June 2, 1999. Recommended changes were incorporated into the document. The plan identifies the CDBG rules and regulations, as well as the City's allocation process. A letter announcing availability of the plan was sent to all persons and organizations that have indicated an interest in the CDBG and HOME programs. A copy of the Plan was sent to those requesting it. Corky Senecai, Housing Manager for Kitsap Community Resources, was concerned that no City of Bremerton CDBG funds can be used for rental properties. She pointed out that current policy does not assist renters, denying them improved living conditions through increased energy efficiency, reduced energy costs, and corrected health and safety issues. She stated in a recent report, it showed that 60% of Bremerton residents are renters, and encouraged service to all residents of Bremerton. Mr. Fart, as a landlord who owns rental properties, stepped down at 7:15 P.M. to avoid the appearance of impropriety under the Appearance of Fairness Doctrine. Mr. Overson asked for clarification of his belief that owners can use these funds even if they rent out their property? Me. Pearler-Stewart responded no, not with the policy the way it is now written. The funds can only be used for owner-occupied units. Mr. McConnell stated that he supported this policy because the City could no longer continue to subsidize the tremendous number of "bad" landlords in the City, and needed to encourage more landlords to properly take care of their own properties. TAPES #1626 & #1627 City Council Reg. Mtg. Minutes June 30, 1999 Page 8 of 8 Mr. Law asked how the City could keep owners from charging more rent if a program was in place to assist them in fixing up their properties. Ms. Senecal responded that the owner would be required to sign an agreement stating that the rent for the particular property would not be raised for 12 months from the date of completion. Mrs. Arend8 asked if there were any provisions to keep a property owner from selling the property during the same 12-month period for a higher price? Ms. Senecal answered no. Mr. Overson stated this issue was thoroughly discussed during committee meetings, and he supports it as proposed to support homeownership within the City. #3240 M/S/C/U (Montgomery/Overson) Motion to approve the draft 2000 CDBG/HOME Policy Plan as presented. With no further business meeting adjourned at 7:20 P.M. PAULA JOHNSTON, Deputy City Clerk MIKE SHEPHERD, Council President City of Bremerton PJ/MS/Is/cg C: Normal Distribution File 1. SUBJECT: TIMBER SALE 99-1 BID AWARD AGENDA BILL BREMERTON CITY COL~CIL FOR AGENDA OF: July 21. 1999 OR1GENAIlNG DEPT: Public Works/Uti! ORIGINATOR: ForestD- Manager DATE SUBMITTED: 7/16/99 2. CLEAAIANCES (comment on bac}//~.~firy): ~ 3. EXHIBITS: Cit-,-Attorney ~,x,</~~_~ ~ B. Bid Tabulation ~ Cit~-Treasur;r /~Xl~ (L ~ , C. Cont~t Operations CommiU~ ~~ ~d~~~ . Fiscal & Budg~ Commia~ ~~ ~ ENDORSEMENT ~ ~ORMATION ,,, APPRO~D BY COUNC~PRES~ENT FOR ~M~AL: 4. SUM_MAdlY STATEMENT .~ND REQUIREMENT FOR COUNCIL ACTION: The above timber role was planned and prepared within the guidelines of the Water Utilitx'g Fore~ Management Plan and the Washin~on State Forest Practice re~flations, a, fores'., practices pe,,~m, it has been obtained for this ham:est operation Har,.'est xx-ill be of both even-age and sheltem'ood ts_?es on a total of 31 acres. Total emmated harvest volume is 600 MBF 4dvemsement for hicks was prepared according to administrative pr.rvceck,.res and bi&s were received ~n Jul5- ! 9 ! 909: summan- is attached as Exhibit B. l't is recommended that the City Council award the timber sale to: RA'Y 0 N I E R far thc amotmt ef$ 31 2,5 ~40.00 ' 8. RECOMMENDATION Motion to approve and authorize the Mayor to execute the attached Bill of Sale and Contract to Pat:/hr and Remove Forext Prnr/:~.'t.,:frnm('i~.'fand.:'forTimberSale~99-! with RAYONIER in the amount of~ 312,5~40.00 in accordance with established adminisxrative policies and procedures. RESPONSIBLE O~'tlCLad~: Direc,.or. D~:b!ic Work~ & Utilities ENFORCEMENT OFFICIAL: Fore.qry Manager EXPLI~4.TION DATE: December..: ~.~ :~ no,>.,. REVIEW DATE: N/A PULLED TAAILED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVE D :~MMENDED [0 DATE: 2. CLE.adlANCE COMMENTS: ~ EM]PACT ON NON-PASSAGE: Loss of anticipated revenue to the Water Uti!iv.: 6. IMPACT O'N STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: NA Budget: Receive revenue in the amount of 3~ ~)'-~ 5'40. O0 Facilities/Eq3fipment: NA 7. RESEARCH SOURCES: 1996 Utility Land Management Plan. Forestr¢ Manager RESAW TIMBER SALE BID 99-1 ROAD SELECTIVE CUT TIMBER SALE 99-2 # COMPANY 99-1 99-2 1 S.F._H_ILL LU___M_B_E_R C_O__. !N___c_._ .......... c,~,.~'~ 1 3 cl~, i..'b© C~_~2___--7_~_~z_,__L~ ..... ' DON BOEHME & SON LOGGING ,NC 3 RAYONIER ................... I 4 MANKE LUMB_ER~C_O__M_P_ANY 5 HINTZ LOGGING 6 MCFARLAND CASCADE 7 WESTERN TIMBER 8 Lo~_WL. AND TIMBE~R_CO I__N.C_ 9 MUELLER~ CAMERON ENTERPRISES 13 14 15 C I ~' i' 0 E B E E M ~.R T O N Public Works & Utilities - Forestry Division TIP~ER SAJ~E PROSPECTUS SALE NO: 99-1 S~J~E hi%ME: Resaw EXPORT STATUS: Restricted under WAC 240-15 or as revised SAJ~E DATE: 2:00 P.M., Monday July 19r 1999 , Purchasing Division, Office of City Clerk, 239 - 4'th St., Bremerton, WA 98337. Sale area located , ~ ~'~ w_t..1.. Dremerton Water Utility forest land. I~EGAL DESCRIPTION: She!ierwccd A_rea (5 acres more or less) :a!! timker, except leave trees marked with red paint, bounded by timber sale boundary tags and flagging; Clearcut .Area (26 acres more or less): al! timber, except for wildlife trees, bounded by timber sale boundary tags and flagging; located on part of the NE1/4 SE1/4 Section 25, T©wnshi? 24 North, Range 1 West, W.>!., and comprising: Species Volume (MBF) Quality/Percent Douglas Fir 497 3S 39~, 3S 28%, stud 26%, pulp 7% Hemlock 79 2S 49%,3S 10%, suud 07~ pulp 14% Cedar 4 4S 100% Hardwoods 20 pulp 100% Total 600 PE/NIM~3MBID: $150~000.00 installment plan basis. Timber will be sold on a cash or BID DEPOSIT: Ten ~!0 percent of total bid price. Upon award of contract this becomes ~he initial deposit to be maintained with the Ci%v ~ timber ~avment. ~ .~=~i~ mus~ be in the form of a check, cash, or ~ther f?rr arcepta~!e to the City. PERFORMANCE BOND: S15,000.00 Successful bidder must submit performance security ur zhe CIE,/ upon execution of contract. EXCISE T~X: Eores% exci?e l=~r- to be paid by Purrhaser. EXPIRATION DATE: Ail rcnurac5 requirements muse be completed by Dece/nber 31, 1999. TIMBER TYPE/LOGGING CONDITIONS: Goo.~ quality second growth Dc~glas fir. Rubber-tired or ~rsc}:ed ~ki~er year round. Equipment sba!2 be si~ed to minimize damage tc sc, ils ~ni residual stand. SIlkSH DISPOS~tL: Liras end non-merchantable tops to be icpped and sca%tered within sale area. Slash at landings to be bunched and fire trailed as directed by r~y Pepresenta~ive. ROADS: 4100 road tc he rsintained by Purchaser. BIDDING INSTRUCTIONS: Prospective bidders are urged to make their o%~] independent study of the sale area and other conditions. Contact the Forestry Manager at 478-5354 tc arrange ~o view sale area, between the hours of 7:30 a.m. and 4:00 p.m., Monday - Friday (sale area ~hind locked gates). If no answer, call the Water Operations Center at 478-5920, to page Forestry personnel. V=~mes of timber described in this prospectus are estimates only. The City neither warrants, ncr ii.mits the voluree. If any conflict cxists between this prospectus and the contract, the contract shall prevail. Bids must be subntttted on attached Proposal Sheet. Highest .<[ualified bid subject to confirraation by the City Council of Bremerton. Specifications and contract documents may be reviewed at the City Clerk's Office (239 - 4th Street, Bremerton/478-5290); the Water Operations Center (3027 Olympus Drive, Bremerton/478-53191; or the Forestry Division Office {4398 West Old Belfair Highway/478-5354]. Contract documents will be sent to prospective bidders upon request. (SALE MAP ON REVERSE) TIMBER SALE CONTRACT LLNIT Sale Name.LNumber: Unit SC.&LE: LEGEND: '0. s $ FORESTRY DMSION OFFICE '~qlCENITY CITY OF BREMERTON PURCHASING DEPARTMENT 239 4TH STREET * BRE~_MERTON WA 98337 * (360) 478-5293 PROPOSAL Project: 99-1. Resaw Timber Sale Date: TO THE CITY COL'_~CIL AND CITY CLERK, CITY OF BREMERTON: adx,. ,~sem.n,. vlans and s~<ifications on In ~,~o. ~.nc~ .~h your .. ,,~a~s;=~ hereb,~ ce~es ~at oersona~v e~ed I~ation of~e propos~ sale as ot~lin~ in ~e pro~e~s, and has read and thoroughly ~mqder~an~ the pro~nn~ of~e ~ ~d m~ods ofpa~t wMch ~a~ be ~de ~d h~eby pr~oses m r~move ~m~r in accor~nce ~ said All timber to be removed and contract pro~sions compler~ prior to December 31. 1999 TOTAL LL_,'H~P SUM BID: (Total lump sum bid written on tine above) Here,.~qth find ot:r Bid Deposit for: $ Purchaser: (Bid deposit is ten percent of ~ total bid price) Signature Fire Name: A ddres s: Tdephone Number: _&L.L PROPOSALS MUST BE EN ~_~. -K OR TYPEWRITTEN. NO-ERASURES PER_M!TTED. Timber Sale Contra~ I 6/8/99 CITY OF BRE~X/fERTON Department of Public Works and Utilities BILL OF SALE .AND CONTRACT TO PAY FOR AND REMOVE FOREST PRODUCTS FROM CITY LANDS SALE #: 99-1 CONTRACT # SALE NAaYfE: RESAW EXPORT STATUS: Export Restricted THE PARTIES to this Bill of Sale and Contract for the Removal of Forest Products are the CITY OF BRE~MERTON, a Washin~on municipal corporation, situated in the County. of Kitsap, State of Washin~on, the address of which is 239 - 4th Street, Bremerton; Washington 9833 7, hereinafter referred to as the "CITY", and, whose mailing address is hereinafter referred to as the "PURCHASER". 1.0 GENEILa_L TERMS 1.1 Title Conveyed: The sale of forest products described herein has been authorized and ordered by the City' Council of Bremerron. the Purchaser having made the highest qualified bid for the forest products described below, and that bid having been accepted bv the City. on ~. the City hereby sells and conveys to the Purchaser title to the forest products described below. 1.2 Products Sold: The forest products conveyed to the Purchaser are described as follows: Shettemvood Area - ail timber, except leave trees marked with red paint, bounded by timber sale boundary tags; Clearc'~t Area - all timber, except wildlife trees, bounded by timber sale boundarx' rags. Both areas, together comprising approximately 497 MBF Douglas fir, 79 MBF hemlock. 4 NfBF cedar. and 20 MBF hardwoods. 1.2-1 Volume Estimates: Amounts of forest products sold under this contract or described in the prospectus are estimates only. The City., making such estimates, neither warrants nor limits the volume of forest products sold under this contract, it being agreed that each party, has had full opportunity, to investigate the volumes on the sale area, and relies solely upon its own observations and estimates. 1.3 Sale Area: The sale area consists of 31 acres, more or less, situated in Kitsap CounD', State of Washington, and described as: part of the NE1/4 SE 1/4 Section 25, Township 24 North, Range 1 West, W.M.; Sale area is more fully depicted on map marked "Timber Sale Contract Unit Map" attached to this contract and made a part of said contract by this reference. Timber Sai¢ Contrac: 2 6/8/99 1.4 Operating Authority: Purchaser is hereby granted permission to enter upon City. lands and remove the forest products itemized in Clause 1.2 upon execution of this contract by the City and its authorized representatives and upon pa.vment as set forth in Clause 2.0. Purchaser hereby a~ees to remove said forest products by December 31.1999 1.5 Representatives: 1.5-1 Citw: The rights and duties of the Cit2,.' under this contract will be exercised by the City's Public Works and Utilities Director or such officer as may be otherwise desi_maated by the Director. 1.5-2 Purchaser: Purchaser agrees, prior to commencement of operations, to notify, the City in writing of the name, address and telephone number of a person who Will be readily available at all reasonable times dur/ng the construction and loggSng operations, and who shall be authorized to receive on behalf of the Purchaser, any instruction or notice given by the Ci~' in regard to performance under this contract, or breach thereof. 1.6 Time Extensions: An extension of operating authority, rime as established in Section !.'4 may be ~anted by :he City uoon written request received thirty, (30) days pr/or in the expiration date of the contract, and ur~on such additional terms and conditions as specified by the Ci~' in authorizing the extension. At a minimum, an e,'ctension fee of Sl.000 plus the interest on the unpaid baiance of the bid price will be rezuired. 1.7 Insurance: Purchaser shall, before commencing operations, provide the Citw with a cemrScate of insurance evidencing commercial general liabiliw coverage of at least $t,000.000 per occurrence including io_~zinz broad form property, damage. The Cirv of Bremerton shall be named an additional insured, and the policy shall be kept in full force during the lifetime of r. his ageement. 1.8 Taxes: Purchaser has sole resnonsibilirv for payment of timber excise tax as well as anx other-~ ' - _ . _ ~mxe> levied by ~ny government a_~encv having author/tv thereof. 1.9 EXhOrt Restrictions: Timber conveyed under this contract is restricted from export under WAC 240-15 and is subject to all laws applicable under this chapter. 1.9-1 Purchaser Certificate: Purchaser shall complete a Purchaser Ceaificate included with this contract and return to the City. prior to the commencement of logging operations. 1.9-2 Log Marking: All logs shall be branded at both ends with a registered lo~ brand and painted at both ends with durable red paint. Purchaser is responsible for providing the bran~ and paint at his expense. Timber Sale Contract S 6/8199 2.0 PAYMENT 2.1 Forest Products: Purchaser a~ees to pay for the forest products herein before conveyed on the basis of the accepted_ bid price, said bid price being in the amount of ~ Bid price to be paid according to the following schedule: a deposit of ten (I0) percent of the bid price due upon award of contract, the balance due prior to commencement of timber failing operations, or on an installment basis as approved by the City Treasurer, provided the value of timber to be felled within the installment period will be paid for in advance of cut-ting, exclusive of the initial deposit. The initial deposit to be applied as final payment (to equal the lump sum bid). 22 Scaling Information: Purchaser a~ees to furnish the City. with scaling information showing the scale, count and measure of forest products removed. The scaling information shall be furnished ro the City. within sixty. (60) days after completion of logging operations. 3.0 DEPOSITS AND BONDS 3.1 Denosit: Purchaser, having heretofore deposited S . hereinaRer called the initial deposit, is required to maintain this amount with the Cirv. Said deposit is pm-rial pa.~wnent of the total bid price. 5.2 Noncompliance: The payment of the Purchaser of any damages to the CiD' resulting fromm noncompliance with any rule. regulation, or law of the City or other governing agency, is hereby made a condition of this contract, the performance of whic~ is secured by the required cash deposits and/or surety bond. 3.3 Performance Bond: As a guarantee of the faithful performance of the provisions of this contract, including not only the sums due to the City hereunder, but all damages accrued to the City by reason of~e operations of this contract, the Purchaser delivers herewith, a performance bond in the sum of 515.000.00 4.0 LOGGE'qG 4.1 Plan of Operations/Preconstruction and Pre-Logging Meetine: The Purchaser shall, before starring operations within the sale area, submit to the City. Representative, a plan of logging operations, including a summary, of methods to be utilized, the sequence to be followed, times to be maintained, and such other information as may reasonablv be required by the Public Works and Utilities Director, or his appointee. Upon approval by the City., the Purchaser shall carry, out irs operation under this contract in compliance with and pursuant to the plan. Timber Sale Conmac: ~' 6/8/99 Purchaser shall arrange to meet with the Ciw Representative before commencing any operations on City land. 4.2 Forest Practices and Other Applicable Laws: Purchaser shall fully comply with all provisions of the Forest Practices Act of the State of Washin~on as now e,,dsting or as subsequently amended, and ail other applicable laws, rules and regulations and shall hold the City harmless from any obligation or liabiti~ arising thereunder. 4_3 Falling: The Purchaser shall fall all timber into the sale area whenever reasonably possible. Tae tops, limbs and trees felled into adjacent areas shall be removed concurrently with the logging operation. Directional falling is required along streams or stream courses, lakes, ponds, reservoirs, etc. 4.4 Stump l~teight: All trees shall be cut as close to the ~ound as practicable. 4.5 Equipment: Forest products sold under this Contract shall be removed by rubber-tired skidder or tractor. Eaui~ment used shall be sized and o~erated so as nor to cause dama_~e to soils or residual s'~an d. 4.6 Tops: tf not other~vise treated, non-merchantable tops and limbs shall be lopped and scattered w/thin the sate area. All woody debris generated within the r/ght-of-way area shall be disvosed of in a manner acceptable to the Ci~. 4.7 Stream Protection: Yarding equipment and anv other e=uioment shall be set back from any stream bank so that the act of yarding, storing or operation will not damage or encroach uoon the r%wing s~eam in violation of any statute, rule. regulation or a~eement in relation thereto. No timber shall be [e!led ~c:oss, or into. and no yarding shall be permitted in or throug5 such stream courses, lakes. or ponds, as designated by the CiW, or by an',' agency of the 5rate having jurisdiction thereof, uniess pe,wnission :o do so is ~amed in writing by the City and/or the appropriate State agency. 4.8 Rub Trees: Rub stumps or trees shall be left on main skid trails, to protect leave trees. Rub trees ma5' be removed at the end of logging operations. 4.9 Spur Roads/Skid Roads: Whenever practical, existing spur roads and skid roads shall be utilized. Additional spur roads shall be approved by the CiU prior to construction. No skidding on existing main roads unless authorized in writing by the City Representative. 4.10 Landings: Wherever practical, existing openings shall be used for landings. Landings shall not be located on main access roads. Landing location shall be approved by the City Representative. Provided: That the 4100 road shall not be blocked during logging operations and shall be kept open at all times. ~ 6/8/99 Timocr Sale Contract - 4.11 Additional Timber: The City. may designate addkional timber within the sale area boundaries or within adjacent areas to be cut. The Purchaser must remove all merchantable timber so designated, prior to the expiration date of the operating authority as defined in Clause 1.4 herein. All merchantable timber so designated shall be paid for at the bid rate or at an appraised value as determined by the Ci~' and a~eed to by the Purchaser. Such payment shall be made at the same time and in the same manner as provided for other forest products conveyed under the terms of this contract. 4.12 Undesignated Trees: Any trees, standing or down, not designated for removal that must be removed in the construction of landings, skid roads, track roads, fn-ebreaks or other authorized construction,, shall be marked by the Purchaser, and the Purchaser shall pay for such trees at the rate bid for similar products or at an appraised value determined by the City.. 4.13 Water Bars: Prior to termination of this contract or cessation of use, whichever is sooner, the Purchaser shall construct water bars across hauling and yarding roads and f'n-e trails in locations designated by the City if deemed necessa~ by the City Representative. 4.14 Lo~__oin_~ Release: Purchaser shall obtain a written logging release from the Ciw where there has been satisfacto~.' compliance with all contractual requirements, including but not limited to, all slash disncsai work. -Cae receipt of such logging release and/or acceptance does not relieve the Purchaser cf compliance with any slash disposal requirements that are listed within the contract or additional :5re hazard reduction measures as may be provided herein. Upon issuance of said release, however, ail cutting rights reve~ to the City. 5.0 D.~'~LqGES 5.1 General: All operations of the Purchaser under this a~eemen~ including any c~nsrruction, whether of roads or othe~vise, and cutting and removal of timber, shall be sc> conducted as to minimize, so far as is reasonably practicable, danger to adjacent Ci~' timber, or reserve trees within the sale area er within any area within which Purchaser carries on activities, whether transportation or otherMse. ~ well as to soils, any stream course, stream side, rese,woir, lake or pond within such areas, and to ali other ?roperzies affected thereby. 5.2 Stream Courses: Reservoirs, stream courses, stream sides, lakes and ponds in or adjacent to the sale area shall be cleared of logs, chunk and other debris deposited therein, as a result of operations under this contract. Such material shall be removed and deposited in such a manner as is satisfactoD' to the Ci~. Use of machineu in such waters is prohibited unless provision for such is ~anted in w-r/ting by the City and approved by all appropriate agencies having jurisdiction thereof. 5.3 Erosion and Damage to Soil: During operations under this agreement, including the construction of roads and landings, Purchaser shall take such precautions as are necessary to minimize erosion and damage to the soil, and make certain that no governmental laws, rules or regulations or laws Timber Sate Contrac: 6 6~8i99 are violated throug_Sa such erosion, or as a result of its operations. Purchaser shall exercise eve,w necessary,' means to prevent contamination and pollution of the waters or any reservoir, stream course, lake or pone as a result of any operation by Purchaser during the performance of this contract. 5.4 Damage to Trees: Any trees damaged in the course of normal logging operations through the utilization of reasonable methods may be marked by the Citw and the Purchaser.shall pay for such trees at the amount bid for similar products or at such appraised values as may be reasonably determined by the CID'. Purchaser shall have the right to remove the products so marked after payment. 5.5 Payment for Forest Products Destroyed or Damaged: In the event any forest products included in this contract are destroyed or damaged from any cause not otherwise covered herein, the same shall be paid for by the Purchaser on demand by the City, at rates contained in Section 2-0 or, if no rare is therein fixed for a particular forest product, at appraised value as determined bv the Cirv. Purchaser shall have the rig, hr to remove forest products remaining on the sale area upon payment therefore. 5.6 Deleterious Material: All possible care shall be taken bv the Purchaser ro prevent oil, ~ease ~r other harmful materials from entering both soils and waters of any reservoir, lake. stream course or pond as a result of any operation of Purclxaser. Refuse resulting from Purchaser's use. servicing, re:mr or be~erment of its equipment shall be immediateiy removed from City, property. 5.7 Other Damages: Any damages to fences, gates, culverts, bridges, and/or other structures caused bv the Purchaser's operations shall be repaired in a timeiv manner ar the Purchaser:s sole exeense. 6.0 SL-R~vTYS .&ND ."vL4aR_Kt;RS 6.1 City Marks: The City. has located and marked or otherwise desig-nared ail saie boundar4.es. _P'archaser has gone over the boundao' lines on the Found. knows where they are and a~ees to con£me his ~r its cutting to the forest products contained within the boundaries and to be responsible for an.-.' vioiation of this recuirement. 6.2 Preservation of Markers: All land, subdivision, su,-wey, comer monuments, witness objects or survey markers of any ¢'pe are to be presets'ed. If such are destroyed or disturbed the Purchaser shall re-establish them by a licensed land surveyor in accordance with United States General Land Office Standards at Purchaser's own and sole expense. Comers and/or witness objects that must necessarily be disturbed or destroyed in the process of road construction must be adequately referenced and such reference approved by the Utilities Director prior to the removal of said comers and/or wimess objects. 7.0 SLASH DISPOSAL - FIRE PREVENTION AND CONTROL 020 Timber Saic Contract 7 6t8/99 7.1 Slash Defined. The term "slash", as that term is utilized for the purposes of this contract_ shall mean all debris of whatsoever .type created on the sale area and right-of-way thereto by logging, milling, and other related operations of Purchaser, or by windstorm. 7.2 Slash Disposal/Fire Hazard Reduction Plan: A slash disposal/fire hazard reduction plan, if required, will be parc of this contract by attachment and will become part of the contract therein. 7.3 Waiver of Slash Disposal Treatment: The City reserves the rig, hr to waive any requirement relating to slash disposal or fire prevention, so long as such waiver is made in writing by the City after Purchaser has been provided alternative methods for disposal and fire prevention, which have been approved by the City: Provided: That such waiver shall be subject to revocation in the event of any failure of the Purchaser to comply with such alternative methods. 7.4 Men and Equipment: The Purchaser a~ees to provide persons and equipment ar its own ex=e:'.se to fulfill any requirement that may be established b'~ law', whether State or Federal. whether such perscns or equipment are to be utilized for slash removal or fire prevention and suppression. -.5 Clean Firebreaks: The Purchaser shaI1, upon completion of lo*_*_in~_ and ar such other periodic ~mes as may be stated in writing by the City, clean out all fire trails and skid roads desi3-nated by the C:~? as tYre breaks, leaving them free of debris for suitabie fire breaks. 'qv~en desimaated b',' the City,, water bars and cross ditches are to be installed on trails to prevent erosion. -.6 Fire Resvonsibilirv: Purchaser shall reimburse tb, e City., [ts agents or employees, for damages. :~szs and/or liability of whatsoever nature incurred as a result of negligence of the Purchaser in the creation, spreading or escape of fire. whether such liabitiD' is incurred bv the CiD' through and/er re private :a.~ies or governmental agencies. 7.7 Operating Et~uinment During Closed Season: The Purchaser a~ees: Not to operate any eaui:ment powered by a spark-emitting engine between April 15 and October 15 of each year for logging..,-hilling, fire suppression or road construction and maintenance or any acriviv,' whatsoever within the sale area, unless it is equipped with spark arrestor of a type approved t2y the 5rate of Washin~on r-~r utilization within its lands. Nor shall it operate any power saw or power equipment in any condition, which is known or can reasonably be known to start fires. The City rose,wes the right during periods of dangerous weather as designated by the City,, to prohibit the operation of any or ail such spark emitting engines within the sale area. 7.8 Fire Hazard Reduction: In the event the City, furnishes a fire hazard reduction plan to provisions re!ating to but not limited to slash disposal and reduction of fire dangers, the Purchaser a~ees to carry, forth the measures at such time as may be established within the plan, but no later than the completion of logging in an area or at such other time as may be directed by the CID'. Timber Saie Contr:ct 8 6/8/99 7.9 Fire Extinguishers. Fire Tools: Every. internal combustion motor, yarder or vehicle shall be equipped with a chemical fire eminguisher and shall comply with all State established regulations relating to such equipment. Purchaser further a_m'ees during the period of April 15 t° October i5 to maintain on his operation toolboxes and other fire equipment as required by Washin~on State law. 7.10 Charge for Slash Disposal Work Not Completed: In the event that the Purchaser_fails r.o carry, forth the slash disposal preparation work or reasonable measures to prevent fires from starring or spreading from or within the timber sale area by the date that is flesi~ated by the City. in any hazard reduction plan set forth or within this contract, the City. shall have the right to complete such work or preparation and the Purchaser a~ees to pay to the City the sum of monies reasonably expended by the City. in such work. The Purchaser further a~ees to pay all costs and liabilities incurred by the City. as a result of the failure of Purchaser to either complete the slash disposal preparation work, fire reduction measures, or to make available the men and equipment as required by the terms of this contract. 7.11 Weather Instruments. During the period fi-om April 15 to October 15, the Purchaser shall provide and maintain such weather instruments with which to measure the relative humiditw and temr~eramre of-he air, and make the repons therefrom available to the City. upon request. Observations shall not be reauired on an.',' day that rain is falling. Ar such time as the relative humidir2/' is 30% or less. overation of any and ail spark emitting machinery., with the excevtion of automobiles, must voluntarily cease, unless permission to continue is given in writing by :he appror~r/ate officials of the 7.12 Watchnerson: During the period April !5 to October 15 and such other times as may be designated bv the City, Purchaser shall have a watch person on durv for at least two hours a~er the c[osure of or, orations for the day, or any parr thereof in which operations occur. All watch persons shall be competent and trained in fire detection and suppression activities, and shall be equipped to contact appropriate personnel or agencies for assistance in fire suppression. Provided: That with the wr/rten pe,wnission of the City,. this requirement may be waived or modified. 7.13 Open Fires: Purchaser shall not set or allow to be set or maintained by his em~lovees or subcontractors an?' open Ere at an5' time of the year without first having obtained permission in writing from the Circ. 7.14 Fire Lines: Purchaser shall consvruct a fire lane or firebreak along the outer boundaries of the logging area or areas if required by a slash disposal~fire hazard reduction plan attached to this contract. Such fire lanes or breaks shall be located and constructed to the satisfaction of the City.. On or adjacent to the fire lane or break, all dead trees shall be felled and all flammable materials, including slash, reproduction and debris, shall be pushed or otherwise moved into the area to be logged. The cleared width ordinarily may not be required to exceed that of the bulldozer blade used in construction, but additional width may be required if considered reasonably necessa~ for safety, by the City or Purchaser. When deemed necessary in the judgment of the Ci~', a continuous lane cut to mineral earth shall be provided on the exterior edge of the cleared area. Timber Sale Contract 9 6/$/99 8.0 ROADS 8.1 Authorization: Purchaser is authorized to construct and maintain on the City. lands all necessary roads, bridges and other transportation facilities needed for the cutting and removal of the timber included in this contract. When utilized throughout this contract, the term, "construct", shall include the ten-a, "reconstruction', or "reconstruct". 8.2 Road Construction: All construction, reconstruction, and betterment of roads covered under this contract shall be located and constructed as approved bv the City. and/or will be in accordance with a plan provided by the City. and made a part of this contract by attachment, if required. 8.3 Location. Design: and Construction: Such roads and other facilities shall be located and maintained in accordance with the provisions and specifications set forth in this contract or the attachments thereto and shall at all times remain the property, of the Ci~'. Any existing road or facilities utilized by the Purchaser in the performance of its activities under this contract shall be maintained and left by Purchaser, in as good or better condition than found at the date of Purchaser's initial use. T'ne relocation, design and construction techniques of all such roads and facilities shatl be approved by the CiD' before construction is commenced by the Purchaser. Purchaser a~ees that any transportation faciii~' needed for operation under this contract shall be located, constructed, operated, and maintained in a satisfactoo' manner. The City. shall further have the right to utilize and allow the utilization of any road construction by the Purchaser under this contract for any and all purposes in connection with the protection, administration and utilization of the area here in question: Provided: That as to any non-public road constructed by the Purchaser any such utilization shall not materially interfere with the operations of the Purchaser. 8.4 Liability for Damage: Any required payrnenr or maintenance earned out by the Purchaser si~ail not reIieve the Purchaser from liability to the City for repair or damage to the roads. including bridges and culverts, due to overloading truc~, carelessness or negligence on the parr of the Purchaser, irs employees, subcontractors and their employees, or any other parry, utilizing the roads with permission of Purchaser. 8.5 Reservations: ?ne City. shall have the r/ght to use, without charge, all ex/sting roads and/or any road constructed or reconstructed on City. lands by the Purchaser under this contract for any and all purposes deemed necessary, or desirabtv in connection with the control, management, harvest and administration of Ciu-owned.land or the resources thereof and the CitY. may extend such rights and privileges to others, provided such use by others shall be controlled so it will not, in the opinion of the Public Works and Utilities Director, interfere unduly with the use of the road by the Purchaser. 8.6 Required Maintenance/Construction/Betterment: Purchaser is responsible for maintenance, including any needed grading and surfacing on the 4100 road from the junction of the 4000 road through the Purchaser's operations. Timber Sade Contract 10 6/~/99 9.0 L'v[PROVKM~NTS 9.1 Improvements: Purchaser may construct on City. lands, when authorized to do so by the Cip', such improvements as may be reasonably necessary, for logghng the timber included in this a~eement. All such improvements shall be located to prevent pollution of the water in streams or lakes and shall in no event violate any applicable City., Stare or Federal law, rule or regulation. When such improvements are to be moved or abandoned, the Purchaser shall dispose of the hnprovement in such a manner as is acceptable to the City.. The authorization granted hereunder to build or maintain improvements upon the City. lands terminates with the termination of this a~eement. 9.2 Abandoned Prooertw: Any improvement, constructed upon the property, of the Civ, may, with the consent of the City, be [eR upon the property, from the termination of this contract. Provided: That upon any such action, title thereof shall pass to the City.. 10.0 OTItER CONDITIONS 10.1 Notice: A[i notices to be given by either parry, to this contract in relation to this a~eemenr shall be in writing and may be sewed personally upon the parr/es at the addresses noted below cr by cemfied maii. return receipt reauested, addressed to the pa~. to be served at the address hereinafter set fo~h. 3=ny notice to be given by certified mail shall be deemed to have been received four days aRer the posting thereof in the United State Postal Se,wice, postage prepaid. 10.2 Breach of Contract: In the event the Purchaser violates or breaches any term of this ....,_~=me,,t- or any requirement hereunder., the City. shall have the right to suspend operations of the Purchaser hereunder by the giving of written notice, specifying the breach alleged. If such breach is not remedied within thir7,, (30'~ days after the ~ivino of the notice, the Citw' ma,,' terminate this a~reement and :ke Purchaser shall have no further rights under this Bill of Sale and Contract. Upon such term/nat/on. rke CiD~ shall noti~' the Purchaser of a Breach of Contract and the deposit made in connection herewith ma.,,' be forfeited upon order of the City. Council and action may be taken to recover damages from the Purchaser and surety.. 10.3 CiW's Right to Remedy Breach of Contract: In the event the Purchaser has violated or ~reached any terrn of this agreement and has failed to remedy the breach thereof, the City shall have the ootion to remedy of any such breach if, after the giving of notice of breach required hereby, the Purchaser shows no indication of attempting to remedy the breach, or if there is an apparent inability, of Purchaser to remedy the breach as such absence of attempt or inability, may be reasonably determined by the Ci~, the City. may, in its discretion, immediately emer upon the property, and commence at-tempts tc remedy the breach. Any expense so incurred by the City shall be charged against the Purchaser and be paid to the Cie' by the Purchaser within thirty (30) days after receipt of the billing for the expense. Purchaser shall, in addition to the cost of the attempt to remedy the breach, be responsible to the Cit'5." for any such losses or liabilities as may be incurred by the CiTy., as a result of the breach, such losses to be paid to the City by Purchaser within thirty (30) davs of notice of the amount in question. 10.4 Assignment: The Purchaser shall not assi~ma any rights hereunder without the consent of the Ci~' in writinm simaed by the Mayor of the City. of Bremerton. No purported assi_mument of aw,' such right shall be effective without the consent herein anticipated. 10.5 Purchaser Complaints in Writing: Complaints by the Purchaser as to any action taken, or any action not taken by the CiTy., in respect to this contract, shall not be considered unless made in writing to the City. within thirty. (30) days of any such action or non-action. 10.6 Compliance with Laws: Purchaser, its employees, subcontractors and their employees shall conduct their activities in a safe and workmanlike manner to comply with all appropriate CiTy., State and Federal laws, rules and regulations in relation to such activities, and shall cooperate fully in making k possible for the City's. officers to inspect the cut(into_, look/n*== ~, construction and other activities of the Purchaser under this contract, and to conduct their official duties on the sale area and its vicinity. 10.7 City Hold Harmless: The Purchaser shall hold the City', its agents, officers and employees harmless from any liability of any sort whatsoever, whether for injury, to persons or proper?' or otherwise arising out of any cause whatsoever related to Purchaser's operations or performance, action or inaction of this contract. Purchaser shall i;drrher, u~on the tender of any such claim, assume the defense of an5' claim filed or brought against the Cir,,' arising out of Purchaser's pe~ormance of this contract. [n the event Purchaser fails to comply with the provisions of this para,apb, it shall pay to the Cip' any and ail expenses and monies reasonably expended in the processing, defense and seulement of any such claim, with the payment to be made within third.' (30) days of the tender of a statement therefor. 10,8 City's Right to Close Operations: If, for any reasons, including bur not limited to danger of fire determined to be excessive by the City., and any reasonable perceived threat to persons. prope.w?' or the environment, the Ci?' exercises its right to order the c[osure of operations under this contract, (said right being hereby recognized, established, and acknowledged) the time of completion of this contract shall be extended by the number of days or portion thereof contained within said closure, so long as the closure is not as a result of actions of Purchaser or any person or eh(iD' acting upon Purchaser's behalf which are actions in breach of this contract. The extensions of time shall be Purchaseffs sole remedy under this contract for any such closures and shall be in lieu of any other right, whether at law or at equity., including but not limited to mono(ar7 damages. If the closure is as a result of Purchaser's breach of this contract or is a breach of the contract any person or entity, acting on Purchaser's behalf., there shall be no right to the extension provided for hereunder. Timber S~Ie Conmac: ! 2 6/8/99 10.9 Venue: Any [itigation commenced between the parties to this contract arising out of this contract shall be filed in the Superior Court of the State of Washin~on, in and for the County. of Kitsap, which shall be the court having proper venue thereof. 10.10 Settlement: In addition to any other relief granted to one party, against the other, the r>arfies a~ee that the non-prevailing party, in any such Ikig~tion shall pay to the prevailing part¢.', in addition to any such other relief, the sum determined bv the court to constitute reasonable attorney's fees. 11.0 E QUA J- OPPORTL~ITY 11.1 During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affn-mative action to ensure that applicants are employed, and that employees are treated during emplo.,,Tnent without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to .'.he following: employment, upgrading, demotion, or transfer, recruitment or recruitment advexising; layoff or termination, rates of pay or other forms of compensation; and selection for raining, including apprenticeship. Cue Contractor will, in all solicitations or advertisements for employees placed by or on behalf cf the Contractor, state that all quaiified applicants will receive consideration for employment wifiaout reg~d ro race. color, religion, sex or national origin. 12.0 SPE CL-XI. PROVISIONS 12.1 Sanitary Regulations: Sanitary regulations by the Washin~on State Department of Health shall be cbse:wed. Sani-Can ty. pe restroom facilities shall be provided by the Purchaser. 12.2 Firearms: No firearms shall be pe,wnirted on City forest lands. 13.0 MISCELL.~WE OUS 13.1 Entire Agreement: This a~eement constitutes the entire a~eement between the parties. There shall be no oral modification of this agreement. 13.2 Law Applicable: The laws of the State of Washington shall be applied in construing this agreement. 13.3 Time.: Time is of the essence in performance of this agreement. Timber Sale Contract 13 61g/99 EXECUTED this PURCHASER: By day of Title CITY OF BREN~RTON: By Lynn S. Horton, Mayor DEPARTMENTAL APPROVAL: W. Eugene Sampley Director of Public Works and Utilities APPROVED AS TO FORM: Glenna Malancm CiD' Artomey ATTEST: Kathleen L. McC luskey, CiD' Clerk TiMBER SALE CONTRACT UNIT S~e Name, .~umber: unit.=.. ./- -: .C'O0~ LEGENI): FORESTRY DIVISION OFFICE VICINITY .T~c o~ 1. SUBJECT: TIMBER SALE 99-2 BID AWARD AGENDA BILL BREMERTON CITY COI[.LNCIL FOR AGENDA OF: Jutv 21. !999 ORIGINATING DEPT: Public Works/Util. ORIGINATOR: Forest~: Manager DATE SLrB_.M_ITTED: 7/!6/99 2. CLEARANCES (comment on bac~k if~/.~.q~.): 3. EXItlBITS: DirectorPW&U A/~ ~.'~.'~'~ ~ ~.a Timber Sate [h'omecms Ci~ Attorney I,,~'~ ~f.4~ > ~,~_~'~ B. Bid Tabulation City Treasurer --~ , C Contract, Purchasing ~ ./y Operations Committee ~~ ~fi~----&~_ ,, Fiscal & Budget Committee ~7~/2~//~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The above timber sate was planned and prepared within the ?Jdelines of the Water Utilit?"s Forest Management man and the Washin~on State Fore,,rt Fh'actice re._.~mlations. A forest practices permit has been obtained for this harve~ operation This is a selective hap:est of.r~le quali~.' Douglas Fir timber on a total ofappr.o×imate!y 2? acres Total estimated bal.'est v~tume i~ 166 MBF. A~.,ertisement for bids was prepared according to administrative procedures and bids were received on Jul.,., ! 9. ! 99? summary is attached as Exhibit B. It is recommended that the Citx, Council award the timber sale to ~cFARLAND CASCADE for thc amotmt ors 126,371 · 00 8. RECOMMENDATION Motion to approve and authorize the Mayor to execute the attached Bill o.f.qale and Contract to Pm' tar and Remove Fore.vt Prod'~,ctx £~m Cip~' [,and;' for Timber Sale ~99-2, with McFARLAND CASCADE in the amount of~ 1 26,371 · 00 in accordance with established administrative [x~iicies and procedures. ,RESPONSIBLE OFF!CLa~L: D~ ...... ~,~'b!ic Works Yz; i~ilir~' ENFORCEMENT OFFICIAL: Forestry, Manager EXPIRATION DATE: Decembe~r~,~.'- ~ imm.... , REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: !0, NOTICE OF ACTION :&PPROVED DISAPPROVED .4~MME NDE D DATE: RESAW TIMBER SALE BID 99-1 ROAD SELECTIVE CUT TIMBER SALE 99-2 COMPANY S.F. HILL LUMBER CO. INC. DON BOEHME & SON LOGGING INC RAYONIER MANKE LUMBER COMF'ANY HINTZ LOGGING MCFARLAND CASCADE WESTERN TIMBER I_OWI_AND 'I'IMI;:IEI~ C(_) I I t 99-'1 99-2 2. CLEAR.a~NCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Loss of anticipated revenue to the Water Uti!i~.~ 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: NA Budget: Receive revenue in the amount of I..2.(.$ I ~-7 I~ O O Facilities/Equipment: N/A 7. RESEARCH SOURCES: 1996 Utili[y Land Management Plan. Fores'tm' Manager C I T Y O F B R E M E RT © N Public Works & Utilities - Forestry Division TII~BER SA/~E PROSPEC~JS SAI~ NO: 99-2 SA/~E N~uME: 3120 Road Selective Cut STATUS: Restr±cte~/ under SFAC 240-15 or as revised SALE DATE: 2.:09 P...M.~ Monday{ , Ju~.~ 19~ 1999 Purchasing Division, Office of City Cle_k, 239- 4th St., Bremerton, WA' 98337. Sale area located within Bremerton Water Utility forest land. LEGAL DESCRIPTION: All timber painted with orange horizontal bands and bounded by timber sale boundary tags and flagging, and plantations; all tin~ber bounded by R/W boundary ~ags, and timber marked "TAKE" with blue paint, located on part of the NWl/4 SW1/4, SW1/4 NWl/4 Section 30, Township 24 North, Range ! EasE, W.M., containing twenty-two (22) acres more or less and comprising: Species Volume (MBF) Quality/Percent Douglas Fir 166 2S 21%, 3S 79~ Marked tree count: 724 MINI14UMBID: $75f000. installment plan basis. Timber will be sold on a cash or BID DEPOSIT: Ten (!0) percenE of total bid price. Upon awar~ of contract this becomes the ini~ia! deposit to be maintained with the Cinv for timber payment. Bid deposit must be in the form of a cashier's check, cash, or other form acceTta~!e to the City. PERFOPlMA/qCE BOND: $7;500 . Z~]ccessful bidder mus~ submit uerfermance securisv 5o the City upon execution of contract. EXCISE TAX: Fores% e>.cise '£a_-: Y3 be ~aic ~-~y Purchaser. ~XPIRATION DATE: All c©ntr~cr reuuirements must be completed by December 31, 1999. TIMBER TYPE/LOGGING CONDITIONS: Pole ~uaiity second growth Douglas Pu~er-~ired or tracked skin,er year roun~. Equipment shall ~e fiuec minimize damage to soils anG residual stand. SI2%SH DISPOSAL: Limbs and non-merchantable tops to be lopped and scattered within sale area. Slash at landings to be bunched and fire trai!e~ as ~irected bi' City Representative. ROADS: 3120 road to be maintained by Purchaser. betterment per contract specifications required on approximately one-half mile of 3120 prior to use. Required culverts supplied by Cisy. BIDDING INS~UCTIONS: Prospective bidders are urged to make their independent study of the sale area and other conditions. Contact the Forestry Manager at 478-5354 to arrange tc view sale area, between the hours of 7:30 a.m. and 4:00 p.m., Monday - Friday (sale area behind locked gates). If no answer, call the Water Operations Center at 478-5920, to page Forestry personnel. Volumes of timber described in this prospectus are estimates only. The City neither warrants, nor limits the volume. If any conflict exists between this prospectus and the contract, the contract shall prevail. Bids must be submitted on attached Proposal Sheet. Highest qualified bid subject to confirmation by the City Council of Bremerton. Specifications and contract documents may be reviewed at the City Clerk's Office (239 - 4th Street, Bremerton/478-5290); the Water Operations Center {3027 Olympus Drive, Bremerton/478-5318); or the Forestry Division Office (4398 West Old Belfair Highway/478-5354). Contract documents will be sent to prospective bidders upon request. (SALE ~ ON TIMBER SALE CONTRACT [_r/NIT Sale Name/Number: /< SCALE: : 10~0 [Init LEGEND: FORESTRY DMSION OFFICE F VICINITY M~a~p: CITY OF BRE:MERTON PURCPL~kSL~G DEPARTNIENT 239 4TH STREET * BRE~LERTON WA 98337 * (360) 478-5293 PROPOSAL Project: 99-2, 3120 Road Selective Cut Timber Sale Date: TO THE CITY COUNCI_L .&ND CITY CLERK. CITY OF BRE~MERTON: In accordance wSxh your advertisement, plans and ~ecific.~ns ~ 5te in the oqfice of the City, Clerk, the undersigned hereby certifies that personally examined the location of the proposed sale as outlined in the prospectus, and has read and thoroughly understands the provisions of the contras, and methods of pament which shall be made and hereby proposes to remove timber in accordance wid~ said contract. All timber to be removed and contract pro~-isions completed phor to December 31.1999 TOTAL LUMP SL~I BID: $ (Total lump sram bid wfitt, en on line above) Herex~h find our Bid O~os~ for: $ Purchaser: (Bid deposit is ten percent of the total bid price} Si ~on. atu re Firm Name: Address: Telephone Number: ALL PROPOSALS MUST BE 17,4 _~K OR TYPEV~:KITTEN. NO EILa. SURES PERMITTED. Timber Sale Contract 1 6/8/99 CITY OF BREMERTON Department of Public Works and Utilities BILL OF SALE .&ND CONTRACT TO PAY FOR AND REMOVE FOREST PRODUCTS FROM CITY LANDS SALE #: 99-2 CONTRACT # SALE NPaME: 3120 Road Selective Cut EXPORT STATUS: Export Restricted THE PARTIES to this Bill of Sale and Contract for the Removal of Forest Products are the CITY OF BREMERTON, a Washin~on municipal corporation, situated in the County of Kitsap, State of Washington, the address of which is 239 - 4th Street, Bremerton, Washington 98337, hereinafter referred to as the "CITY", and, whose mailing address is hereinafter referred to as the "PURCHASER". 1.0 GENERAL TERMS 1.1 Title Conveyed: The sale of forest products described herein has been authorized and ordered by the Ci~' Council of Bremenon. the Purchaser having made the highest qualified bid for the forest products described below, and that bid having been accepted bv the City. on ~, the City. hereby sells and conveys to the Purchaser title to the forest products described below. 1.2 Products Sold: The forest products conveyed to the Purchaser are described as follows: only marked timber (orange painted horizontal band or blue painted "TAKE") bounded bv timber sale bounda~, tags and non-merchantable areas comprising approximately 166 MBF of Douglas fir marked trees). 1.2-1 Volume Estimates: Amounts of forest products sold under this contract or described in the prospectus are estimates only. The City., making such estimates, neither warrants nor limits the volume of forest products sold under this contract, it being agreed that each party.' has had full opportunity, to investigate the volumes on the sale area, and relies solely upon its own obserw'ations and estimates. 1.3 Sale Area: The sale area consists of 22 acres, more or less, situated in Kitsap County, State of Washin~on, and described as: part of the NWl/4 SW1/4, SW1/4 NWl/4 Section 30, Township 24 North, Range 1 East, W.lvl.; Sale area is more fully depicted on map marked "Timber Sale Contract Unit Map" attached to this contract and made a part of said contract by this reference. 1.4 Operating Authority: Purchaser is hereby granted permission to enter upon CiD' lands and remove the forest products itemized in Clause 1.2 upon execution of this contract by the City. and its Timber Sal~ Contract 2 6/8/99 authorized representatives and upon payment as set forth in Clause 2.0. Purchaser hereby a~ees to remove said forest products bv December 31, 1999 1.5 Representatives: 1.5-1 Citw: The rights and duties of the City. under this contract will be exercised by the Ciry's Public Works and Utilities Director or such officer as may be otherwise desi~ated bv the Director. 1.5-2 Purchaser: Purchaser a~ees, prior to commencement of operations, to notify. the City in writing of the name, address and telephone number of a person who will be readily available at all reasonable times during the construction and logging operations, and who shall be authorized to receive on behalf of the Purchaser, any instruction or notice given by the City, in regard to performance under this contract, or breach thereof. 1.6 Payment for Forest Products Destroyed or Damaged: In the event any forest products included in this contract are destroyed or damaged from any cause not otherwise covered herein, the same shall be paid for bv the Purchaser on demand bv due Ci~, at rates contained in Section 2-0 or, if no rate is therein fixed for a particular forest product, at appraised value as determined by the Civv.'. Purchaser shall have the right to remove forest products remaining on the sale area upen payment therefore. 1.7 Time Extensions: An extension of operating authority, time as established in Section may be gTanted bv the CiDr upon written request received thirty (30) days prior to the expiration date of the contract, and upon such additional terms and conditions as specified by the City in authorizing the extension. At a minimum, an extension fee of $1,000 plus the interest on the unpaid balance of the bid price will be reouired. 1.8 Insurance: Purchaser shall, before commencing operations, provide the CiD' with a certificate of insurance evidencing commercial general liabititw' coverage of at least $1,000,000 per occurrence inctudinz loz_~inz broad form property, damage. The Citw of Bremerron shall be named an additional insured, and the policy shall be kept in full force during the lifetime of this agreement. 1.9 Taxes: Purchaser has sole responsibility, for payment of timber excise tax as well as an.,,' other taxes levied bv any government agency having authority thereof. 1.10 Export Restrictions: Timber conveyed under this contract is restricted from export under WAC 240-15 and is subject to all laws applicable under this chapter. 1.8-1 Purchaser Certificate: Purchaser shall complete a Purchaser Certificate included with this contract and return to the City prior to the commencement of logging operations. Timber Sale Contract _3 6/8/99 1.8-2 Lo~ Marking: All logs shall be branded at both ends with a registered log brand and painted at both ends with durable red paint. Purchaser is responsible for providing the brand and paint at his expense. 2.0 PAYMENT 2.1 Forest Products: Purchaser a~ees to pay for the forest products herein before conveyed on the basis of the accepted bid price, said bid price being in the amount of _~S Bid price to be paid according to the following schedule: a deposit often (10) percent of the bid price due upon award of contract, the balance due prior to commencement of timber falling operations, or on an installment basis as approved by the City. Treasurer, provided the value of timber to be felled within the installment period will be paid for in advance of cutting, exclusive of the initial deposit. The initial deposit to be applied as final payment (to equal the lump sum bid). 2.2 Scaling Information: Purchaser a~ees to furnish the City with scaling information showing the scale, count and measure of forest products removed. The scaling information shall be furnished to the City, within sixty (60) davs after completion of logging operations. 3.0 DEPOSITS AxNI) BONDS 3.1 Deposit: Purchaser, having heretofore deposited S . hereinagter called the initial deposit, is required to maintain this amount with the City,. Said deposit is partial payment of the total bid price. 3.2 Noncompliance: The payment of the Purchaser of anv damages to the CiD' resulting from noncompliance with any rule, regulation, or law of the City or other governing agency, is hereby made a condition of this contract, the performance of which is secured bv the required cash deposits and/or surety bond. 3.3 Performance Bond: As a guarantee of the faithful performance of the provisions of this contract, including not only the sums due to the City hereunder, but all damages accrued to the Cie' by reason of the operations of this contract, the Purchaser delivers herewith, a performance bond in the sum of S7,500.00 4.0 LOGGING 4.1 Plan of Operafions/Preconstrucfion and Pre-Lo~ginl~ Meeting: The Purchaser shall, before starting operations within the sale area, submit to the CiD' Representative, a plan of logging operations, including a summary of methods to be utilized, the sequence to be followed, times to be Timber Sale Conu'act 4 6/8/99 maintained, and such other information as may reasonably be required by the Public Works and Utilities Director, or his appointee. Upon approval by the City, the Purchaser shall carry, out its operation under this contract in compliance with and pursuant to the plan. Purchaser shall arrange to meet with the Ci~' Representative before commencing any operations on Cir,- land. 4.2 Forest Practices and Other Applicable Laws: Purchaser shall fully comply with all provisions of the Forest Practices Act of the State of Washin~on as now existing or as subsequently amended, and all other applicable laws, rules and regulations and shall hold the CiG harmless from any obligation or liability arising thereunder. 4.3 Fallina: The Purchaser shall fall all timber into the sale area whenever reasonably possible. The tops, limbs and trees felled into adjacent areas shall be removed concurrently with the logging operation. Directional falling is required along streams or stream courses, lakes, ponds, reservoirs, etc. 4.4 Stump Height: All trees shall be cut as close to the pound as practicable. 4.5 Equipment: Forest products sold under this Contract shall be removed bv rubber-tired skidder or tractor. Eoui~ment used shall be sized and operated so as not to cause dama_~e to soils or residual stand. 4.6 Tops: If not other~vise treated, non-merchantable tops and limbs shall be lopped and scattered ~vithin the sale area. All woody debris generated within the fight-of-way area shall be disposed of in a manner acceptable to the City. 4.7 Stream Protection: Yarding equipment and any other equipment shall be set back ~¥om any stream bank so that the act of yarding, storing or operation will not damage or encroach upon the flowing stream in violation of any statute, rule, regulation or a~eement in relation thereto. No timber shall be felled across, or into, and no yarding shall be permitted in or through such stream courses, lakes, or ponds, as desig~nated by the City, or by any agency of the State having jurisdiction thereof: unless permission to do so is granted in writing by the City and/or the appropriate State agency. 4.8 Rub Trees: Rub stumps or trees shall be left on main skid trails, to protect leave trees. Rub trees may be removed at the end of logging operations. 4.9 Spur Roads/Skid Roads: Whenever practical, existing spur roads and skid roads shall be utilized. Additional spur roads shall be approved by the City prior to construction. No skidding on existing main roads unless authorized in writing by the City Representative. Timber Sale Contract 5 6/g799 4.10 Landings: Wherever practical, existing openings shall be used for landings. Landings shall not be located on main access roads. Landing location shall be approved by the CiD' Representative. Provided: That the 4100 road shall not be blocked during logging operations and shall be kept open at ail times. 4.11 Additional Timber: The City, may designate additional timber within the sale area boundaries or within adjacent areas to be cut. The Pumhaser must remove all merchantable timber so designated, prior to the expiration date of the operating authority, as defined in Clause 1.4 herein. All merchantable timber so designated shall be paid for at the bid rate or at an appraised value as determined by the City and agreed to by the Purchaser. Such payment shall be made at the same time and in the same manner as provided for other forest products conveyed under the terms of this contract. 4.12 Undesignated Trees: Any trees, standing or dow"n, not designated for removal that must be removed in the construction of landings, skid roads, truck roads, firebreaks or other authorized construction, shall be marked by the Purchaser, and the Purchaser shall pay for such trees at the rate bid for similar products or at an appraised value determined by the C iu'. 4.13 Water Bars: Prior to termination of this contract or cessation of use, whichever is sooner, the Purchaser shall construct water bars across hauling and yarding roads and fire trails in locations designated by the Cirv if deemed necessary, by the CiD' Representative. 4.14 Loe_,zine Release: Purchaser shall obtain a written logging release from the Citw' where there has been satisfactory compliance with all contractual requirements, including but not limited to. ail slash disposal work. The receipt of such logging release and/or acceptance does not relieve the Purchaser of compliance with any slash disposal requirements that are listed within the contract or additional fire hazard reduction measures as may be provided herein. Upon issuance of said release. however, all cutting rights revert to the City. 5.0 DAMAGES 5.1 General: All operations of the Purchaser under this a~eement, including any construction, whether of roads or othertvise, and cutting and removal of timber, shall be so conducted as to minimize, so far as is reasonably practicable, danger to adjacent City. timber, or reserve trees within the sale area or within any area within which Purchaser carries on activities, whether transportation or otherwise, as well as to any stream course, stream side, reservoir, lake or pond within such areas, and to all other properties affected thereby. 5.2 Stream Courses: Reservoirs, stream courses, stream sides, lakes and ponds in or adjacent to the sale area shall be cleared of logs, chunk and other debris deposited therein, as a result of operations under this contract. Such material shall be removed and deposited in such a manner as is Timber Sale Contract 6 6/8/99 satisfactory to the City.. Use of machinery in such waters is prohibited unless provision for such is granted in writing by the City. and approved by all appropriate agencies having jurisdiction thereof. 5.3 Erosion and Damage to Soil: During operations under this agreement, including the construction of roads and landings, Purchaser shall take such precautions as are necessary, to minimize erosion and damage to the soil. and make certain that no governmental laws, rules or regulations or laws are violated through such erosion, or as a result of its operations. Purchaser shall exercise eyeD' necessary means to prevent contamination and pollution of the waters or any reservoir, stream course. lake or pond as a result of any operation by Purchaser during the performance of this contract. 5.4 Damage to Trees: Any trees damaged in the course of normal logging operations through the utilization of reasonable methods may be marked by the City. and the Purchaser shall pay for such trees at the amount bid for similar products or at such appraised values as may be reasonably determined by the City.. Purchaser shall have the fight to remove the products so marked after pa.vrnent. Provided: That for the purpose of this contract, damage to more than five (5) percent of the leave trees shall constitute excessive damage and shall be considered a breach of contract. Damaged trees will be billed for at the rate of $50. OO per tree. Damaged trees shall not be removed unless authorized by the City Representative. 5.5 Payment for Forest Products Destroyed or Damaged: In the event anv forest products included in this contract are destroyed or damaged from any cause not otherwise covered herein, the same shall be paid for by the Purchaser on demand by the Ci~', at rates contained in Section 2-0 or, if no rate is therein fixed for a particular forest product, at appraised value as determined bv the City. Purchaser shall have the right to remove forest products remaining on the sale area upon payment therefore. 5.6 Deleterious Material: All possible care shall be taken by the Purchaser to prevent Fuel. oil, grease or other harmFul materials from entering both soils and waters of any reservoir, lake. stream course or pond as a result of any operation of Purchaser. ReFuse resulting from Purchaser's use, servicing, repair or betterment of its equipment shall be immediately removed from Ci~~ property, 5.7 Other Damages: Anv damages to fences, gates, culverts, bridges, and/or other structures caused by the Purchaser's operations shall be repaired in a timely manner at the Purchaserts sole expense. 6.0 SURVEYS AND MARKERS 6.1 City Marks: The City, has located and marked or otherwise designated all sale boundaries. Purchaser has gone over the boundary lines on the ground, knows where they are and agrees to confine his or its cutting to the forest products contained within the boundaries and to be responsible for any violation of this requirement. Timbe~ Sale Conu'ac~ ? 6/8/99 6.2 Preservation of Markers: All land, subdivision, survey, corner monuments, wimess objects or survey markers of any type are to be preserved. If such are destroyed or disturbed the Purchaser shall re-establish them by a licensed land survevor in accordance with United States General Land Office Standards at Purchaser's own and sole expense. Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of road construction must be adequately referenced and such reference approved by the Utilities Director prior to the removal of said corners and/or wimess objects. 7.0 SLASH DISPOSAL - FIRE PREVENTION AND CONTROL 7.1 Slash Defined. The term "slash", as that term is utilized for the purposes of this contract, shall mean all debris of whatsoever ,type created on the sale area and right-of-way thereto by logging, milling, and other related operations of Purchaser, or by windstorm. 7.2 Slash Disposal/Fire Hazard Reduction Plan: A slash disposal/fire hazard reduction plan, if required, will be part of this contract by attachment and will become part of the contract therein. 7.3 Waiver of Slash Disposal Treatment: The Cirv reserves the right to waive any requirement relating to slash disposal or fire prevention, so long as such waiver is made in writing by the City after Purchaser has been provided alternative methods for disposal and fire prevention, which have been approved by the City: Provided: That such waiver shall be subject to revocation in the event of anv failure of the Purchaser to comply with such alternative methods. 7.4 Men and Equipment: The Purchaser a~ees to provide persons and equipment at its own expense to fulfill any requirement that may be established by' law. whether State or Federal, whether such persons or equipment are to be utilized for slash removal or fire prevention and suppression. 7.5 Clean Firebreaks: The Purchaser shall, upon completion of logging and at such other periodic times as may be stated in writing by the City, clean out all fire trails and skid roads designated by the City, as fire breaks, leaving them free of debris for suitable fire breaks. When desi~maated by the City., water bars and cross ditches are to be installed on trails to prevent erosion. 7.6 Fire Responsibility: Purchaser shall reimburse the City., its agents or employees, for all damages, costs and/or liability of whatsoever nature incurred as a result of negligence of the Purchaser in the creation, spreading or escape of fire, whether such liability is incurred by the City through and/or to private parties or governmental agencies. 7.7 Operating Equipment Durinff Closed Season: The Purchaser agrees: Not to operate any equipment powered by a spark-emitting engine between April 15 and October 15 of each year for Timber Sale Contract g 6/8/99 logging, milling, fire suppression or road construction and maintenance or any activity, whatsoever within the sale area, unless it is equipped with spark arrestor of a type approved by the State of Washin~on for utilization within its lands. Nor shall it operate any power saw or power equipment in any condition, which is known or can reasonably be known to start fires. The City. reserves the fig~ht during periods of dangerous weather as designated by the Ciw, to prohibit the operation of any or all such spark emitting engines within the sale area. 7.8 Fire Hazard Reduction: In the event the City. furnishes a £n'e hazard reduction plan to provisions relating to but not limited to slash disposal and reduction of fire dangers, the Purchaser a~ees to carry forth the measures at such time as may be established within the plan, but no later than the completion of logging in an area or at such other time as may be directed by the City.. 7.9 Fire Extinguishers. Fire Tools: Every internal combustion motor, yarder or vehicle shall be equipped with a chemical fire extinguisher and shall comply with all State established regulations relating to such equipment. Purchaser further agrees during the period of April 15 to October 15 to maintain on his operation toolboxes and other fire equipment as required by Washin~on State law. 7.10 Charge for Slash Disposal Work Not Completed: In the event that the Purchaser fails to carry forth the slash disposal preparation work or reasonable measures to prevent fires from starring or spreading from or within the timber sale area by the date that is designated by the City in any hazard reduction plan set forth or within this contract, the City. shall have the rig3t to complete such work or preparation and the Purchaser a~ees to pay to the City. the sum of monies reasonably expendeci bx' the City in such work. The Purchaser further agrees to pay all costs and liabilities incurred by the Civ,' as a result of the failure of Purchaser to either complete the slash disposal preparation work. fire reduction measures, or to make available the men and equipment as required by the terms of this contract. 7.11 Weather Instruments. During the period from April 15 to October 15, the Purchaser shall provide and maintain such weather instruments with which to measure the relative humiditx' and temperature of the air. and make the reports therefrom available to the City ut~on request. Obse~'ations shall not be required on any day that rain is falling. At such time as the relative humidirv is 30% or less. operation of any and all spark emitting machinery., with the exception of automobiles, must volunrariiv cease, unless permission to continue is given in writing by the appropriate officials of the City.. 7.12 Watchverson: During the period April 15 to October 15 and such other times as may be designated by the City., Purchaser shall have a watch person on duty. for at least two hours after the closure of operations for the day, or any part thereof in which operations occur. All watch persons shall be competent and trained in fire detection and suppression activities, and shall be equipped to contact appropriate personnel or agencies for assistance in fire suppression. Provided: That with the written permission of the City this requirement may be waived or modified. 7.13 Open Fires: Purchaser shall not set or allow to be set or maintained by his employees or subcontractors any open fire at any time of the year without first having obtained permission in writing from the City. Timber S~¢ Contract 9 6/8/99 7.14 Fire Lines: Purchaser shall construct a fire lane or firebreak along t. he omer boundaries of the logging area or areas if required by a slash disposal/fire hazard reduction plan attached to this contract. Such fire lanes or breaks shall be located and constructed to the satisfaction of the City.. On or adjacent to the fire lane or break, all dead trees shall be felled and all flammable materials, including slash, reproduction and debris, shall be pushed or otherwise moved into the area to be logged. The cleared width ordinarily may not be required to exceed that of the bulldozer blade used in consmaction. but additional width may be required if considered reasonably necessary, for safe~ by the Ciw' or Purchaser. When deemed necessary, in the judgment of the City., a continuous lane cut to mineral earth shall be provided on the exterior edge of the cleared area. 8.0 ROADS 8.1 Authorization: Purchaser is authorized to construct and maintain on the City lands all necessary, roads, bridges and other transportation facilities needed for the cutting and removal of the timber included in this contract. When utilized throughout this contract, the term, "construct", shall include the term, "reconstruction", or "reconstruct". 8.2 Road Construction: All construction, reconstruction, and betterment of roads covered under this contract shall be located and constructed as approved bv the City. and/or will be in accordance with a plan provided by the City. and made a part of this contract by attachment, if required. 8.3 Location. Design. and Construction: Such roads and other facilities shall be located and maintained in accordance with the provisions and specifications set forth in this contract or the attachments thereto and shall at all times remain the property, of the City.. Any existing road or facilities utilized by the Purchaser in the performance of its activities under this contract shall be maintained and left by Purchaser, in as good or better condition than found at the date of Purchaser's initial use. The relocation, design and construction techniques of all such roads and facilities shall be approved by the Cirv before construction is commenced by the Purchaser. Purchaser agrees that any transportation facility, needed tbr operation under this contract shall be located, constructed, operated, and maintained in a satisfactor2' manner. The Ci~ shall further have the right to utilize and allow the utilization of any road construction by the Purchaser under this contract for any and all purposes in connection with the protection, administration and utilization of the area here in question: Provided: That as to any non-public road constructed by the Purchaser any such utilization shall not materially interfere with the operations of the Purchaser. 8.4 Liability for Damage: Any required payment or maintenance carried out by the Purchaser shall not relieve the Purchaser from liability to the City for repair or damage to the roads. including bridges and culverts, due to overloading tracks, carelessness or negligence on the part of the Purchaser, its employees, subcontractors and their employees, or any other party utilizing the roads with permission of Purchaser. Timber Sale Contract l 0 6/8/99 8.5 Reservations: The City. shall have the right to use, without charge, all existing roads and/or any road constructed or reconstructed on Ci~ lands by the Purchaser under this contract for any and all purposes deemed necessary, or desirably in connection with the control, management, harvest and administration of City-owned land or the resources thereof and the City. may extend such rights and privileges to others, pro-~ided such use by others shall be controlled so it will not, in the opinion of the Public Works and Utilities Director, interfere unduly with the use of the road by the Purchaser. 8.6 Required Maintenance/Construction/Betterment: Purchaser is responsible for maintenance on the 3120 road from the junction of the 3100 road through the Purchaser's operations. Approximately one-half rnile of the 3120 will be graded and drainage and surfacing provided as necessary. One I8" x 30' C~'vlP (provided by the City) shall be installed by the Purchaser. Locations of the above are marked in the field. 9.0 IM2PROVEM~ENTS 9.1 Improvements: Purchaser may construct on CiD' lands, when authorized to do so by the City., such improvements as max,' be reasonably necessary for logging the timber included in this a~eement. All such improvements shall be located to prevent pollution of the water in srrearns or lakes and shall in no event violate any applicable City., State or Federal law, rule or regulation. When such improvements are to be moved or abandoned, the Purchaser shall dispose of the improvement in such a manner as is acceptable to the City. The authorization ~anted hereunder to build or maintain improvements upon the CiD' lands terminates with the termination of this a~eement. 9.2 Abandoned Property: Any improvement, constructed upon the property, of the City, may, with the consent of the City., be left upon the property, from the termination of this contract. Provided: That upon any such action, title ~ereof shall pass to the Civ'. 10.0 OTFIER CONDITIONS 10.1 Notice: All notices to be given by either party, to this contract in relation to this ageement shall be in writing and may be served personally upon the parties at the addresses noted below or by certified mail, return receipt requested, addressed to the parry, to be served at the address hereinafter set forth. Any notice to be given by certified mail shall be deemed to have been received four days after the posting thereof in the United State Postal Service, postage prepaid. 10.2 Breach of Contract: In the event the Purchaser violates or breaches any term of this agreement or any requirement hereunder, the City shall have the right to suspend operations of the Purchaser hereunder by the giving of written notice, specifying the breach alleged. If such breach is not remedied within thirty (30) days after the giving of the notice, the City. may terminate this agreement and Timber Sale Contract I 1 6/8/99 the Purchaser shall have no further rights under this Bill of Sale and Contract. Upon such termination, the City shall notify the Purchaser of a Breach of Contract and the deposit made in connection herewith may be forfeited upon order of the City Council and action may be taken to recover damages from the Purchaser and surety. 10.3 City's Right to Remedy Breach of Contract: In the event the Purchaser has violated or breached any term of this a~eement and has failed to remedy the breach thereof, the City shall have the option to remedy of any such breach if, after the giving of notice of breach required hereby, the Purchaser shows no indication of attempting to remedy the breach, or if there is an apparent inability of Purchaser to remedy the breach as such absence of attempt or inability may be reasonably determined by the City, the City may, in its discretion, immediately enter upon the propertyj and commence attempts to remedy the breach. Any expense so incurred by the City shall be charged against the Purchaser and be paid to the City by the Purchaser within thirty (30) days after receipt of the billing for the expense. Purchaser shall, in addition to the cost of the attempt to remedy the breach, be responsible to the City, for any such losses or liabilities as may be incurred by the City, as a result of the breach, such losses to be paid to the City by Purchaser within thirty. (30) days of notice of the amount in question. 10.4 Assignment: The Purchaser shall not assign any rights hereunder without the consent of the City in writing, sig-ned by the Mayor of the City. of Bremerton. No purported assi~_munent of any such right shall be effective without the consent herein anticipated. 10.5 Purchaser Complaints in Writing: Complaints bv the Purchaser as to any action taken, or any action not taken by the City, in respect to this contract, shall not be considered unless made in writing to the City within thirty (30) days of any such action or non-action. 10.6 Compliance with Laws: Purchaser, its employees, subcontractors and their employees shall conduct their activities in a safe and workmanlike manner to comply with all appropriate Cirv. Stare and Federal laws, rules and regulations in relation to such activities, and shall cooperate fully in making it possible for the City's officers to inspect the cutting, logging, construction and other activities of the Purchaser under this contract, and to conduct their official duties on the sale area and its vicinirv. 10.7 Citw Hold Harmless: The Purchaser shall hold the City, its agents, officers and employees harmless from any liability of any sort whatsoever, whether for injury, to persons or propeR' or otherwise arising out of any cause whatsoever related to Purchaser's operations or performance, action or inaction of this contract. Purchaser shall further, upon the tender of any such claim, assume the defense of any claim filed or brought against the CiW arising out of Purchaser's performance of this contract. [n the event Purchaser fails to comply with the provisions of this paragraph, it shall pay to the City any and all expenses and monies reasonably expended in the processing, defense and settlement of any such claim, with the payment to be made within thirty (30) days of the tender of a statement therefor. 10.8 Citw's Right to Close Operations: If, for any reasons, including but not limited to danger of fire determined to be excessive by the City, and any reasonable perceived threat to persons, property or the environment, the City exercises its right to order the closure of operations under this 4+ Timber Sale Contract 12 6/8/99 contract, (said right being hereby recognized, established, and acknowledged) the time of completion of this contract shall be extended by the number of days or portion thereof contained within said closure, so long as the closure is not as a result of actions of Purchaser or any person or entity, acting upon Purchaser's behalf which are actions in breach of this contract. The extensions of time shall be Purchaser's sole remedy under this contract for any such closures and shall be in lieu of any other right. whether at law or at equity, including but not limited to monetary damages. If the closure is as a result of Purchaser's breach of this contract or is a breach of the contract any person or entity, acting on Purchaser's behalf, there shall be no ri~t to the extension provided for hereunder. 10.9 Venue: Any litigation commenced between the parties to this contract arising out of this contract shall be filed in the Superior Court of the State of Washington, in and for the County of Kitsap, which shall be the court having proper venue thereof. 10.10 Settlement: In addition to any other relief granted to one party against the other, the parties agree that the non-prevailing party in any such litigation shall pay to the prevailing party., in addition to any such other relief, the sum determined by the court to constitute reasonable attornev's fees. I 1.0 EQUAL OPPORTLrNITY 11.1 During the performance of this contract, the Contractor a~ees as follows: (a) The Contractor wilt not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising: layoff or termination, rates of pay or other forms of compensation: and selection for training, including apprenticeship. (b) The Contractor will. in all solicitations or adve,xisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 12.0 SPECIAL PROVISIONS 12.1 Sanitary Regulations: Sanitary regulations by the Washington State Department of Health shall be observed. Sani-Can ~pe restroom facilities shall be provided by the Purchaser. 12.2 Firearms: No firearms shall be permitted on City forest lands. Timber S~1¢ Con~mct 6/8199 13.0 parties. 13.2 this agreement. 13.3 MISCELLANEOUS 13.1 Entire A~reement: This a~eement constitutes the entire a~eement between the There shall be no oral modification of this a~eement. Law Applicable: The laws of the State of Washin~on shall be applied in construing Time: Time is of the essence in performance of this a~eement. EXECUTED this PURCHASER: By day of Title CITY OF BREMERTON: Bv Lynn S. Horton, Mayor DEPARTMENTAL APPROVAL: W. Eugene Samptey Director of Public Works and Utilities ,'APPROVED AS TO FORM': Glenna Malanca, Ci~' Auomey ATTEST: Kathleen L. McCluskey, City. Clerk TIMBER SALE CONTRACT L,ZNIT ~L42~ Sale Narne~<Number: SCALE: / ": IOO6 FORESTRY DMSION OFFICE 'vlCL'~2TY M=tP: oar AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE NO. Authorizing the Issue of General Obligation Bonds to Refinance the Olympic Course at Gold Mountain Golf Complex and Accepting the Purchase Offer of Seafirst Bank. FOR AGENDA OF: 21-Jul-99 ORIGINATING DEPT: Treasurer ORIGINATOR: ..-~.--~-..~- Ricla Hanna DATE SUBMITTED: ~131~;1999 2. CLEARANCES: ~,,ment of back if necessary) Dir. Admin Se~.~-~x~'~ Operations ENDORSEMENTS MAYOR~.--~ 3. EXHIBITS: Bond Ordinance Official Statement Purchase Offer (At Second Reading) INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City currently has outstanding $4,605,000 of Limited-Tax General Obligation Bonds which were issued to provide funds for the construction of the Olympic Course at Gold Mountain. These bonds mature through the year 2007. The proposed ordinance will refinance the current bond issue with a new one which will be structured to mature through the year 2018. The refinancing will provide a lower annual debt severice obligation over a longer time period. This in turn will provide the golf course operation with greater financial flexibility both in current operations and in future capital improvements to the courses. The total net-present-value cost of the orriginal issue and the refunding issue are virtually the same. 8. RECOMMENDATION: Motion to approve the ordinance authorizing the refunding bond issue on first reading. '., Motion to pass Ordinance No.~authorizing the refunding bond issue on second reading and to accept the ,'purchase offer of Seafirst Bank. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Treasurer Mayor Dec. 1, 2018 N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED 11. AGENDA BILL NO: 9A '1'1-138 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will continue with the orriginal bond issue. This issue will place significant cash-flow strains on the golf course operations beginning in the year 2001. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: Debt service will be extended by 11 years. The net-present-value cost of the refunding issue will be almost the same as the orriginal issue. 7. RESEARCH SOURCES: Golf course operating history and fee analysis. Seafirst Bank. City's bond counsel. 1ST DRAFT 7/12/99 For Discussion Purposes Only CITY OF BREMERTON, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Bremerton Washington relating to the incurrence of indebtedness; providing for the sale and issuance of $ principal amount limited tax general obligation refunding bonds, 1999, to advance refund and defease a portion of the City's Limited Tax General Obligation Bonds, 1994; providing for the date, denominations, form, terms, registration privileges, maturity, interest rates and covenants of the bonds; establishing a debt service account for the bonds; authorizing the execution of an escrow agreement and providing for the sale and delivery of such bonds to Banc of America Securities LLC, Seattle, Washington WHEREAS, pursuant to Ordinance No. 4491, the Citv has heretofore issued and sold its 1994 Bonds, of which $4,605,000 in aggregate principal amount are currently outstanding; and WHEREAS. the City reset'ed the right to advance refund and defease all or a portion of the 1994 Bonds pursuant to a refunding or defeasance plan; and WHEREAS, pursuant to chapter 39.53 RCW, the Citv is authorized to sell and issue, without an election, limited tax general obligation bonds of the City to refund the 1994 Bonds; and WWtEREAS, the refunding of the 1994 Bonds will provide for a modification and restructuring of the debt service requirements; and WHEREAS, the incurrence of such indebtedness by the City will not cause the total indebtedness of the City to be incurred without the assent of the voters of the Citv to exceed the limitations set forth in Chapter 39.36 RCW; and WHEREAS, the City deems it necessary and advisable that $ in principal amount of Bonds now be sold and issued to provide funds for the Refunding Plan; and WHEREAS, Banc of America Securities LLC has offered, by way of the Purchase Agreement, to purchase such limited tax general obligation refunding bonds upon the terms and conditions hereinafter set forth; NOW, THEREFORE, THE CITY OF BREMERTON DOES ORDAIN AS FOLLOWS: 1ST DRAFT 7/12/99 For Discussion Purposes Only Section 1. Definitions. Unless the context otherwise requires, the terms defined in this section, for all purposes of this Ordinance (including the recitals hereto) and of any ordinance supplemental hereto, shall have the meanings herein specified; words importing the singular number include the plural number and vice versa: "Beneficial Owner" means, with respect to any Bond, the Person named on the records of the Custodian as having the right, without a physical certificate evidencing such right, to transfer, to hypothecate and to receive the payment of the principal of, premium, if any, and interest on such Bond as the same becomes due and payable. "Bonds" means the City ofBremerton, Washin~on, Limited Tax General Obligation Refunding Bonds, 1999, dated August 15, 1999, in an original aggregate principal amount ors , the sale and issuance of which are authorized by this Ordinance. "Bond Kegister" means the registration books on which are maintained the names and addresses of the owners or nominees of the owners of the Bonds. "Book-Entry Termination Date" means the fifth business day following the date of receipt by the Registrar of the City's request to terminate the book-entry system of registering the beneficial ownership of the Bonds. "City" means the City of Bremerton, Washington, a organized and existing under State law. "City Council" means the City Council of the City. "Closing" means the date and time when the Bonds are delivered to the Purchaser in exchange for payment in full therefor. "Code" means the Internal Revenue Code of 1986, as heretofore or hereafter amended, together with all applicable rulings and regulations heretofore or hereafter promulgated thereunder. "Custodian" means (a) The Depository. Trust Company. New York, New York. or (b) any successor thereto engaged by the City to operate a book-ent~ system for recording, through electronic or manual means, the beneficial ownership of the Bonds, in which system no physical certificates are issued to the Beneficial Owners of the Bonds, but in which a limited number of physical certificates are issued to and registered in the name of the Custodian or its nominee, and delivered to the Custodian; provided, that such book-entry system operated by the Custodian may include the use of subsystems of recording the beneficial ownership of Bonds which are operated by parties other than the Custodian and the use of a nominee for the Custodian; and the term "Custodian," as used herein, includes any party operating any such subsystem. 1ST DRAFT 7/12/99 For Discussion Purposes Only "Depositories" means the following registered securities depositories: (a) The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530; (b) Midwest Securities Trust Company, Capital Structures-Call Notification, 440 South LaSalle Street, Chicago, Illinois 60605; and (c) Philadelphia Depository Trust Company, Reorganization Division, 1900 Market Street, Philadelphia, Pennsylvania 19103, Attention: Bond Department. "Escrow A=reement means that certain agreement between the City and the Escrow Trustee, dated as of Closing. "Escrow Trustee" means fiduciary capacity as escrow trustee pursuant to the Escrow Agreement. · acting in its "Escrow Obligations" means those certain Government Obligations necessary to accomplish the Refunding Plan, as set forth on Schedule 1 to the Escrow Agreement. "Government Obligations" means "government obligations," as defined in Chapter 39.53 RCW, as now in existence or hereafter amended. "Letter of Representations" means the Blanket Issuer Letter of Representations, dated November 19, 1997, between the City and the Custodian pertaining to the payment of the Bonds and the "book-entry" system for evidencing the beneficial ownership of the Bonds prior to the Book-Entry Termination Date. "MSRB" means the Municipal Securities Rulemaking Board. "1994 Bonds" means the Citv of Bremerton, Washington, Limited Tax General Obligation Bonds, 1994, in the outstanding aggregate principal amount of $4,605,000 as of this date. "NRMSIR" means a nationally recognized municipal securities information repositoo' designated by the SEC. "Owner" means the person named as the registered owner of a Bond on the Bond Register. "Preliminary Official Statement" means the Preliminary Official Statement pertaining to the Bonds, dated , 1999. "Purchase Agreement" means the Bond Purchase Agreement for the Bonds by and between the City and the Purchaser, which written Purchase Agreement is on file with the City Clerk and is incorporated herein by this reference. "Purchaser" means Banc of America Securities LLC. "RCW" means the Revised Code of Washington, as amended. 1ST DRAFT 7/12/99 For Discussion Purposes Only "Refunded Bonds" means the outstanding 1994 Bonds maturing on December l in the years 2001 through 2007, inclusive. "Refunding Plan" means the plan to refund all of the Refunded Bonds with a portion of the proceeds of the Bonds and to pay the incidental costs and costs related to the sale and issuance of the Bonds, all as more particularly defined and described in the Escrow Agreement. "Registrar" means either of the fiscal agencies of the State in Seattle, Washington (as of the date of Closing, Wells Fargo Bank, National Association), and New York, New York (as of the date of Closing, The Bank of New York), which Fiscal Agencies are appointed from time to tim~ by the State Finance Committee pursuant to chapter 43.80 RCW; and "Fiscal Agencies" means both such fiscal agencies. "Ordinance" means this Ordinance No. __ of the City. "Rule" means SEC Rule 15c2-12. "SEC" means the United States Securities and Exchange Commission. "Secretary" means the Secretary of the Board. "SD" means a state information depositoo'. "State" means the State of Washington. Section 2. Findinu, Purpose and Description of Bonds. The City Council hereby finds that the City will benefit from modifying and restructuring the debt service requirements of a portion of the 1994 Bonds. The City authorizes the sale and issuance of its "Limited Tax General Obligation Refunding Bonds, 1999" for the purpose of advance refunding and defeasing the outstanding Refunded Bonds and to pay certain "incidental costs and costs related to the sale and issuance" (as defined in RCW 39.46.070) of the Bonds. The Bonds shall be in the aggregate principal amount of $ .; shall be dated August 15, 1999; shall be issued in fully registered form as to both principal and interest; shall be in the denomination of $5,000 each or any integral multiple thereof 1ST DRAFT 7/12/99 For Discussion Purposes Only within a single maturity, shall be numbered separately in such manner and with any additional designation as the Registrar deems necessary for purposes of identification; and; shall bear interest at the rates; and shall mature on the dates and in the principal amounts, all as set forth below: Maturity Dates (December 1) Principal Amounts Interest Rates 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 20t6 2017 2018 2019 The Bonds shall bear interest (computed on the basis of a 360-day year of twelve 30-day months) from their date or from the most recent interest payment date to which interest has been paid or duly provided for, whichever is later, payable on December 1, 1999, and semiannually thereafter on December 1 and June 1 of each year to the maturity or earlier redemption thereof. If any Bond is not paid upon proper presentment at its 1ST DRAFT 7/12/99 For Discussion Purposes Only maturity date, the City shall have the obligation to pay interest at the same rate from and a~er such maturity date until such Bond, both principal and interest, is paid in full. The Bonds shall be negotiable instruments to the extent provided by RCW 62A. 8-102 and RCW 62A.8-105. On the date of issue of the Bonds, all Bonds maturing in the same maturity year shall be issued in the form ora single certificate, which certificate shall be registered in the name of the Custodian or its nominee, and delivered to the Custodian. The Custodian shall hold each such Bond certificate in fully immobilized form for the benefit of the Beneficial Owners pursuant to the Letter of Representations until the earliest to occur of either (1) the date of maturity of the Bonds evidenced by such certificate, at which time the Custodian shall surrender such certificate to the Registrar for payment of the principal of and interest on such Bonds coming due on such date, and the cancellation thereof: (2) the Book-Ent~ Termination Date; or (3) the date the City determines to utilize a new Custodian for the Bonds, at which time the old Custodian shall {provided the City is not then in default of any payment then due on the outstanding Bonds) surrender the immobilized certificates to the Registrar for transfer to the new Custodian and cancellation as herein provided. For so long as any outstanding Bonds are registered in the name of the Custodian or its nominee and held by the Custodian in fullv immobilized form as described in this Section 2, the rights of the Beneficial Owners shall be evidenced solely by an electronic and/or manual entry made from time to time on the records established and maintained by the Custodian in accordance with the Letter of Representations, and no certificates 1ST DRAFT 7/12/99 For Discussion Purposes Only evidencing such Bonds shall be issued and registered in the name of any Beneficial Owner or such Beneficial Owner's nominee. The City may terminate the "book-entry" system of registering ownership of the Bonds at any time (provided the City is not then in default of any payment then due on the outstanding Bonds) by delivering to the Registrar: (a) a written request that it issue and deliver Bond certificates to each Beneficial Owner or such Beneficial Owner's nominee on the Book-Entry Termination Date; (b) a list identif~ving the Beneficial Owners as to both name and address; and (c) a supply of Bond certificates, if necessary for such purpose. Upon surrender to the Registrar 0fthe immobilized certificates evidencing all of the then outstanding Bonds, the Registrar shall issue and deliver new certificates to each Beneficial Owner or such Beneficial Owner's duly appointed agent, naming such Beneficial Owner or such Beneficial Owner's nominee as the Owner thereof. Such certificates may be in any integral multiple of 55.000 xvithin a single maturity. Following such issuance, the Owners of such Bonds may transfer and exchange such Bonds in accordance with Section 10 hereof Neither the City nor the Registrar shall have at any time any responsibility or liability to any Beneficial Owner of Bonds or to any other person for any error, omission. action or failure to act on the part of the Custodian with respect to payment, when due, to the Beneficial Owner of the principal and interest on the Bonds. proper recording of beneficial ownership of Bonds, proper transfers of such beneficial o~vnership, or any notices to Beneficial Owners or any other matter pertaining to the Bonds. Section 3. Place, Manner and Medium of Payment. Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America. 1ST DRAFT 7/12/99 For Discussion Purposes Only Prior to the Book-Entry Termination Date, the principal and interest on the Bonds shall be paid by the Registrar to the Custodian as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book-Entry Termination Date, interest on the Bonds shall be paid by check or draft mailed on or before the interest payment date, to the persons identified as the Owners on the fitSeenth day of the month preceding the interest payment date at the addresses shown for the Owners on the Bond Register. From and a~er the Book-Entry Termination Date, principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Owners at the principal corporate trust office of either Registrar. Section 4. Purchase; Cancellation. Optional Redemption; Partial Redemption: Noticei Open Nlarket The Bonds maturing in the years 1999 through 2009, inclusive. shall not be subject to redemption prior to maturity. The Bonds maturing on or after December 1, 2010 shall be subject to redemption prior to maturity at the option of the City, in whole or in part on any date (maturities to be selected bv the City and by lot within a maturity in such manner as the Registrar shall determine), commencing on December 1, 2009, at a price of par plus accrued interest to the date of redemption. Any Bond in the principal amount of greater than $5,000 ma',' be partially redeemed in any integral multiple of $5.000. Prior to the Book-Entry Termination Date. Bonds shall be partially redeemed in accordance with the Letter of Representations. From and after the Book-Entry Termination Date, in the event ora partial redemption of a Bond, upon surrender of such Bond the principal corporate trust offices of the Registrar, a new Bond or Bonds (at the option of the Owner) of the same maturity and interest rate 1ST DRAFT 7/12/99 For Discussion Purposes Only and in the aggregate principal amount remaining unredeemed shall be authenticated and delivered to the Owner, without charge to the Owner therefor, in any denomination authorized by this Ordinance and selected by the Owner. Prior to the Book-Entry Termination Date, the Registrar shall give, or cause to be given, notice of a call for redemption of any Bonds to the Custodian, as the Owner thereof, for the benefit of the Beneficial Owners thereof, in accordance with the Letter of Representations. From and after the Book-Entry Termination Date, notice of any such intended redemption shall be given by or on behalf of the City not less than 30 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Owner of each Bond to be redeemed at the address appearing on the Bond Register on the day the notice is given. The requirements of this section shall be deemed to be complied with when notice is mailed as herein provided, whether or not it is actually received by the Owner. In addition, such redemption notice shall be mailed within the same time period, postage prepaid, to the Depositories, to each N-RMSIR and to or their successors, but such mailings shall not be a condition precedent to the redemption of such Bonds. If such notice to the Owners shall have been given and the City shall have set aside sufficient money for the payment of all Bonds called for redemption on the date fixed for redemption, the Bonds so called shall cease to accrue interest after such redemption date, and all such Bonds shall be deemed not to be outstanding hereunder for any purpose, except that the Owners of such Bonds shall be entitled to receive payment of the redemption price and interest accrued on the principal of the Bonds to the redemption date from the money set aside for such purpose. 1ST DRAFT 7/12/99 For Discussion Purposes Only The City reserves the right to purchase any or all of the Bonds on the open market at any time and at any price. All Bonds purchased or redeemed by the City shall be surrendered to the Registrar for cancellation. Section 5. Debt Limit Not Exceeded. The City finds and covenants that the Bonds are issued within all constitutional and statutory debt limitations presently applicable to the City. Section 6. Pledge of Full Faith, Credit and Resources. The Bonds are limited tax general obligations of the City. The City hereby irrevocably covenants to include in its budgets and to make annual levies of taxes within the constitutional and statutory tax limitations provided by law without a vote upon all property within the City subject to taxation in amounts which, together with any other money legally available therefor, shaI1 be sufficient to pay the principal and interest on the Bonds as the same shall become due. The City hereby irrevocably pledges its full faith, credit and resources to the annual levy and collection of such taxes and for the prompt payment of such principal and interest. The City hereby irrevocably covenants that the annual tax provided for herein to be levied for the payment of'the principal of and interest on the Bonds shall be within and as a part of the tax levy permitted the City without a vote of the people and that a sufficient portion of each such annual tax levy to be made so long as the Bonds are outstanding, together with any other money legally available therefor, shall be and is hereby set aside, pledged and appropriated for the payment of the principal of and interest on the Bonds as the same shall become due. 1ST DRAFT 7/12/99 For Discussion Purposes Only Section 7. Form of Bonds. The Bonds shall be typewritten, printed or lithographed on good bond paper in a form consistent with this ordinance and Washington law. Section 8. Execution of Bonds. The Bonds shall be signed on behalf of the City with the facsimile or manual signatures of the Mayor and the City Clerk, and shall have the seal of the city impressed or a facsimile thereof imprinted thereon. In case either or both of the officers who shall have executed any Bond shall cease to be such officer or officers of the City before the Bond so signed shall have been authenticated or delivered by the Registrar or issued by the City, such Bond nevertheless may be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond also max' be signed and attested on behalf of the City by such persons as at the actual date of execution of such Bond shall be the proper officers of the City although at the original date of such Bond such persons were not such officers of the City. Section 9. Authentication and Delivery of Bonds bv Registrar. The Registrar are authorized and directed, on behalf of the City, to authenticate and deliver Bonds initially issued or transferred or exchanged in accordance with the provisions of such Bonds and this Ordinance. Only such Bonds as shall bear thereon a "Certificate of Authentication" manually executed by an authorized signatory of the Registrar shall be valid or obligatory for any purpose or entitled to the benefits of this Ordinance. Such Certificate of Authentication 1ST DRAFT 7/12/99 For Discussion Purposes Only shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this Ordinance. The Registrar shall be responsible for its representations contained in the Certificate of Authentication on the Bonds. Section 10. Registration: Transfer and Exchange. The Registrar shall keep, or cause to be kept, the Bond Register at its principal corporate trust office. The City and the Registrar, each in its discretion, may deem and treat the Owner of each Bond as the absolute owner thereof for all purposes, and neither the City nor the Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3 hereof, but such registration may be transferred as herein provided. All such payments made as provided in Section 3 hereof shall be valid and shall satis~' and discharge the tiability of the City upon such Bond to the extent of the amount or amounts so paid. The registered ownership of any Bond may be transferred. Prior to the Book- Entry Termination Date, the beneficial ownership of the Bonds max' only be transferred on the records established and maintained by the Custodian. On and after the Book-Entry Termination Date. no transfer of any Bond shall be valid unless ir is surrendered at any principal corporate trust office of the Registrar, with the assignment form appearing on such Bond duly executed by the Owner or such Owner's duly authorized agent, in a manner satisfactory to the Registrar. Upon such surrender, the Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Owner or transferee therefor (other than any governmental fees or taxes payable on account of such transfer), a new Bond or Bonds (at the option of the new Owner), of the same maturity 1ST DRAFT 7/12/99 For Discussion Purposes Only and interest rate and for the same aggregate principal amount, in any authorized denomination, naming as Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. On and after the Book-Entry Termination Date, any Bond may be surrendered at the principal corporate trust office of the Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds, in any authorized denomination. The Registrar shall not be obligated to transfer or exchange any Bond during the 15 days preceding an interest or principal payment or redemption date. The Registrar may become the Owner of any Bond with the same rights it would have if it were not a Registrar and. to the extent permitted by law, mav act as depository for and permit any of its officers or directors to act as a member or: or in any other capacity with respect to, any committee formed to protect the rights of the Owners of the Bonds. The City covenants that, until all Bonds shall have been surrendered and cancelled, it will maintain a system of recording the ownership of each Bond t0hat complies with the provisions of the Code. Section 11. Mutilated, Lost. Stolen or Destroyed Bonds. If any Bond becomes mutilated, lost, stolen or destroyed, the Registrar may authenticate and deliver a new Bond of the same maturity and interest rate and of like tenor and effect in substitution therefor, all in accordance with law. If such mutilated, lost, stolen or destroyed Bond has matured, the City at its option, may pay the same without the surrender thereof. However, no such substitution or payment shall be made unless and until the applicant 1ST DRAFT 7/12/99 For Discussion Purposes Only shall furnish (a) evidence satisfactory to the Registrar of the destruction or loss of the original Bond and of the ownership thereof, and (b) such additional security, indemnity or evidence as may be required by or on behalf of the City. No substitute Bond shall be furnished unless the applicant shall reimburse the City and the Registrar for their respective expenses in the furnishing thereof. Any such substitute Bond so furnished shall be equally and proportionately entitled to the security of this Ordinance with all other Bonds issued hereunder. Section 12. Defeasance. If money and/or "Government Obligations" (as such obligations are defined in Chapter 39.53 RCW, as now in existence or hereafter amended) maturing at such times(s) and bearing such interest to be earned thereon (without any reinvestment thereof) as will provide a series of payments which shall be sufficient, together with any money initiallv deposited, to provide for the payment of the principal of and interest on all or a portion of the Bonds, when due in accordance with their terms in accordance with a refunding plan adopted by the City, are set aside in a special fund (hereinafter called the "trust account") to effect such payment and are pledged irrevocably for the purpose ofeffecting such payment, then no further payments need be made into the Bond Fund for the payment of the principal of and the interest on such Bonds. the Owners thereof shall cease to be entitled to anv lien, benefit or security of this Ordinance except for the right to receive the money and the principal and interest proceeds on the obligations set aside in the trust account, and such Bonds shall no longer be deemed to be outstanding hereunder. 1ST DRAFT 7/12/99 For Discussion Purposes Ontv Section 13. Sale of the Bonds. The Purchaser has presented the Purchase Agreement to the City pursuant to which the Purchaser has offered to purchase the Bonds, under the terms and conditions provided in the Purchase Agreement, which written Purchase Agreement is on file with the City Clerk and is incorporated herein by this reference. The City Council finds that entering into the Purchase Agreement is in the City's best interest and therefore accepts the offer contained in the Purchase Agreement and authorizes the execution of the Purchase Agreement by City officials. The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the terms of the Purchase Agreement with the approving legal opinion of the City's bond counsel relative to the issuance of the Bonds printed on each Bond or attached thereto. Bond counsel has not been engaged to participate in the preparation or review of, or express any opinion concerning the completeness or accuracy' of the orTicial statement or other disclosure documentation used in connection with the offer or sale of' the Bonds by any person, and bond counsel's opinion shall so stare. Bond counsel has not been retained to monitor, and shall not be responsible for monitoring, the Citv's compliance with any federal law or regulations to maintain the tax-exempt status of the interest on the Bonds. Section 14. Delivery of Bonds; Temporary Bonds. The proper Citv officials are authorized and directed to execute and/or approve, as appropriate, all documents, including but not limited to, the final Official Statement pertaining to the Bonds, and to do everything necessary for the preparation and delivery of a transcript of proceedings pertaining to the Bonds, and the printing, execution and prompt delivery of the Bonds to the Purchaser and for the proper application and use of the proceeds of the sale thereof. 1ST DRAFT 7/12/99 For Discussion Purposes Only If definitive Bonds are not ready for delivery by the date established for Closing, the City Treasurer, upon the approval of the Purchaser, may cause to be issued and delivered to the Purchaser one or more temporary Bonds with appropriate omissions, changes and additions. Any temporary Bond or Bonds shall be entitled and subject to the same benefits and provisions of this ordinance with respect to the payment, security and obligation thereof as definitive Bonds authorized hereby. Such temporary Bond or Bonds shall be exchangeable ~vithout cost to the Owners thereof for definitive Bonds when the latter are ready for delivery. Section 15. Call of Refunded Bonds for Redemption. The City hereby calls the Refunded Bonds maturing on or after December 1, 2003 for redemption on December 1, 2002, at a redemption price of 102% of the principal amount plus accrued interest. Such call for redemption shall become irrevocable upon delivery of the Bonds at Closing. Section 16. Acquisition of Escrow Obligations. The proper City officials. including, but not limited to, the City Treasurer shall, at or prior to closing, make appropriate arrangements for the payment for and delivery of an'~' Escrow Obligations which are to be purchased in the open market pursuant to the Refunding Plan; and shall. prior to closin~d, deliver or cause to be delivered to the Federal Reserve Bank in Seartie. Washington, subscriptions for any Escrow Obligations which are to be acquired from the United States Bureau of Public Debt pursuant to the Refunding Plan. The maturing principal of and the interest on such Escrow Obligations, together with the Initial Cash to be provided to the Escrow Trustee pursuant to the Refunding Plan, shall be sufficient to pay all of the principal of and interest to become due on the Refunded Bonds from Closing to and including December 1, 2002, when due, and to redeem on said date, all of 1ST DRAFT 7/12/99 For Discussion Purposes Only the remaining outstanding Refunded Bonds at a redemption price of 102% of the principal amount due on the Refunded Bonds to be redeemed and interest accrued thereon to the date of redemption. The Escrow Trustee shall designate in any such subscriptions that all the principal of and interest on the Escrow Obligations subscribed for with the United States Bureau of Public Debt shall be payable to the Escrow Trustee. Such subscription may be amended as permitted by federal law. Section 17. Verification of Sufficiency of Escrow. The proper City officials, including, but not limited to, the City Treasurer are authorized and directed to obtain, prior to Closing, independent verification from a firm of independent certified public accountants that, among other things, the cash flow scheduled to be received from the Escrow Obligations. together with anv uninvested initial cash. shall be sufficient to make the payments described in Section 16 hereof. At Closing. if there inas been anv change in Escrow Obligations or cash deposited with the Escrow Trustee under this Ordinance and the Escrow Agreement, the City Treasurer shall cause the sufficiency of the Escrow Fund (as defined in the Escrow Agreement) to be verified in such manner as he shall deem necessary, Section 18. Escro~v Azreement. The Escrow Agreement. in substantially the same form as the draft dated July __, 1999, on file with the City Clerk, is hereby approved in order to accomplish the defeasance of the Refunded Bonds. The City Treasurer is authorized and directed to (a) execute and to deliver said Escrow Agreement, on behalf of the City, to the Escrow Trustee on or before Closing, with such changes as the City Treasurer deems to be in the best interests of the City; and such execution and 1ST DRAFT 7/12/99 For Discussion Purposes Only delivery of the Escrow Agreement shall evidence irrevocably the approval of the executed Escrow Agreement by the City; and (b) cause the Escrow Trustee to deliver notices of defeasance and redemption of the Refunded Bonds in accordance with the Escrow Agreement. Section 19. Establishment of Bond Fund; Application of Bond Proceeds. There is hereby created and established in the office of the City Treasurer a special fund to be designated as the "Limited Tax General Obligation Refunding Bond Fund, 1999" (the "Bond Fund"). The accrued interest on the Bonds received by the City upon the sale of the Bonds, if any, and any rounding amount shall be deposited into the Bond Fund and shall be applied to the payment of interest coming due on the Bonds. All of the remaining net proceeds of the Bonds shall be paid by the City to the Escrow Trustee at Closing, to be applied as set forth in the Escrow Agreement. Section 20. Tax-Exemption and Bank Qualification. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation, and xvill take or require to be taken such acts as may be permitted by Washington law and as may from time to time be required under applicable law to continue the exclusion of the interest on the Bonds from gross income for purposes of federal income taxation. Without limiting the generality of the foregoing, the City will not invest or make or permit any use of the proceeds of the Bonds or of its other money at any time during the term of the Bonds which would cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code. 1ST DRAFT 7/12/99 For Discussion Purposes Only The City covenants that it will calculate or cause to be calculated, and shall rebate to the United States, all earnings from the investment of Bond proceeds that are in excess of the amount that would have been earned had the yield on such investments been equal to the yield on the Bonds, plus income derived from such excess earnings, to the extent and in the manner required by Section 148 of the Code. The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer the arbitrage certifications of which may not be relied upon. The City will take no actions and will make no use of the proceeds of the Bonds or any other funds held under this ordinance which would cause any Bond to be treated as a "private activity bond" (as defined in Section 141(b) of the Code) subject to treatment under said Section 141(b) as an obligation not described in Section 103(a) of'the Code, unless the tax exemption thereof is not affected. The City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265 of the Code (relating to the deduction bx' financial institutions of the interest incurred to carry' tax-exempt debt), and authorizes and directs the proper City officials to execute and deliver all documents necessary, to evidence such designation to any and all interested parties. The City further covenants not to issue more than $10,000,000 of such '~qualified tax-exempt obligations" during 1999. Section 21. Preliminary Official Statement Declaration. The City has been provided with copies of Preliminary Official Statement), prepared in connection with the sale of the Bonds. For the sole purpose of the Purchaser's compliance with Securities and Exchange Commission Rule 15c2-12(b)(1), the City "deems final" the Preliminary 1ST DRAFT 7/12/99 For Discussion Purposes Only Official Statement, as of its date, except for the omission of information on offering prices, interest rates, selling compensation, delivery dates, ratings, other terms of the Bonds dependent on such matters. Section 22. Undertakin~ to Provide Continuin= Disclosure. This section constitutes the City's written undertaking for the benefit of the Owners and the Beneficial Owners of the Bonds required by subsection (d)(2)(ii) of the Rule. The City hereby agrees to provide or cause to be provided upon request to any person or at least annually to the SID, if one is created: (a) financial statements prepared in accordance with the generally accepted accounting principles applicable to governmental units, as such principles may be changed from time to time and as permitted by State law; which statements will not be audited, except that if and when audited financial statements are otherwise prepared and available to the City', they' will be provided; and (b) other operating data that may be prepared by the City (the "Financial Information"). In its provision of such Financial Information, the City may cross-reference to any "final official statement" (as defined in the Rule) available from the MSRB or any other documents theretofore provided to each then existing NI~,MSIR or the SID. if one is created. The City further agrees to provide or cause to be provided, in a timely manner, to the SID, if one is created, and to either the MSRB or each then existing NI~MSIR, notice of any of the following events with respect to the Bonds, if material: 1. Principal and interest payment delinquencies: 2. Non-payment related defaults; difficulties; difficulties; perform; Bonds; Bonds; and IST DRAFT 7/12/99 For Discussion Purposes Only Unscheduled draws on debt service reserves reflecting financial 4. Unscheduled draws on credit enhancements reflecting financial 5. Substitution of credit or liquidity providers, or their failure to 6. Adverse tax opinions or events affecting the tax-exempt status of the 8. 9. 10. Modifications to rights of the Owners of the Bonds; Optional redemptions of the Bonds; Defeasances of the Bonds: Release. substnution or sale of property securing repayment of the 11. Rating changes. After the issuance of the Bonds. so long as the interests of the Owners or Beneficial Owners of the Bonds will not be materiallv impaired thereby, as determined by' a party unaffiliated with the City (including. without limitation, a trustee for the Owners, nationally recognized bond counsel or other counsel familiar with the federal securities law), or pursuant to a favorable '~no-action letter" issued by the SEC, this Section 22 may only be amended in connection with any change in legal requirements, change in law, or change in the identity, nature or status of the obligated person, or type of business conducted, and only in such a manner that the undertaking of the City, as so amended, would have complied with the requirements of the Rule at the time of the primary 1ST DRAFT 7/12/99 For Discussion Purposes Only offering, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances. The City's obligations to provide Financial Information and notices of certain events shall terminate without amendment upon the defeasance, prior redemption or payment in full of all of the then outstanding Bonds. This Section 22 or any provision hereof, shall be null and void if the City (i) obtains an opinion of nationally recognized bond counsel or other counsel familiar with the federal securities laws to the effect that those portions of the Rule which require this Section 22 or anv such provision are invalid, have been repealed retroactively or otherwise do not apply to the City; and (ii) notifies and provides the SID, if any, and either the MSRB or each then existing NRMSIR with copies of such opinion. The right of each Owner and Beneficial Owner of Bonds to enforce the provisions of this Section 22 shall be limited to the right to obtain specific enforcement of the City's obligations under this Section 22, and any failure by the City to comply with the provisions of this undertaking shall not be a default with respect to the Bonds under this Ordinance. The City Treasurer is authorized and directed to take such :;drrher action on behalf of the City as may be necessary, appropriate or convenient to cam' out the requirements of this Section 22. Section 23. Contract; Severability. The covenants contained in this ordinance shall constitute a contract between the City and the Owners of each and every Bond. The City unconditionally covenants that it will keep and perform all of the covenants of the Bonds and this Ordinance. If any one or more of the provisions of this Ordinance shall 1ST DRAFT 7/12/99 For Discussion Purposes Only be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining provisions of this Ordinance or the Bonds, and this Ordinance and the Bonds shall be construed and enforced as if such unconstitutional or invalid provision had not been contained herein. Section 24. Effective Date. This Ordinance shall take effect and be in full force ten days after passage and publication of an approved summa~, consisting of the title. APPROVED by the City Council of the City ofBremerton. Washin~on, this __ day of July, 1999. PASSED by the City Council of the City of Bremerton, Washington, this __ day of July, 1999. APPROVED ~his MIKE SHEPHERD, Council President __ dav of July, 1999. LYNN HORTON. Mavor ATTE S T: Kathleen McCluskey, City Clerk APPROVED AS TO FORM: By. Judith Andrews, Bond Counsel 1ST DRAFT 7/12/99 For Discussion Purposes Only PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 1. SUBJECT: RESOLUTION NO. Authorizing the City Treasurer to make application for bank credit cards. AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: Treasurer Rich Hanna 6/22/99 2. CLEARANCES: Comment of back if necessary) Dir. Admin. Services ~,~Jl~'v Fiscal & Budget Com~E~-/~</--rY---~¢'~--'~----~ 3. EXHIBITS: Proposed Resolution Bank Application Documents ENDORSEMENTS ./~- INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~ - _:./~.._~_/.5':/> SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In some portions of the City's business, use of bank credit cards is the most efficient and cost-effective method of payment. In order for the City to have this payment option, the issuing bank, Seafirst, requires a statement of legislative approval to be included with the application documents. The proposed resolution is intended to fulfill this bank requirement. 8. RECOMMENDATION: Motion to approve Resolution No. authorizing the City Treasurer to make application for bank credit cards needed f 9. RESPONSIBLE OFFICIAL: Treasurer ENFORCEMENT OFFICIAL: Mayor EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED 1'I. AGENDA BILL NO: tOA 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will continue to use other less efficient methods of payment. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: No staffing or budgetary impacts. Incremental increase in efficiency through alternate payment option. 7. RESEARCH SOURCES: Seafirst Bank contract officer. RESOLUTION NO. A RESOLUTION authorizing the City Treasurer to make application for bank credit cards for use in City business. ~VI--IEREAS, some portions of the City's business can be conducted most efficiently through the use of bank credit cards; and WHEREAS, in order to obtain such credit cards for the conduct of City business, it is necessary to provide the issuing bank evidence of legislative approval therefore; and WHEREAS, the City Treasurer as the chief finance officer of the City is the most appropriate employee to make application for such credit cards; NOW, THEREFORE, let it be resolved, that the City Treasurer is hereby authorized to make application for bank credit cards to be used as needed in the conduct of City business. ADOPTED by the City Council of the City of Bremerton this day of 1999. MIKE SHEPHERD. Council President ATTEST: KATHLEEN L. McCLUSKEY, City Clerk : : crkLPOLIC¥ i : BANK ISs D' T CARDS INDEX EFFECTIVE DATE: 08/01/99 Audit APPROVED 1-00-00 REVISED DATE: POLICY PROCEDURE It shall be the policy of the City to use bank credit cards in the conduct of City business when use of purchase order, general claim, advance travel or employee expense claims will not adequately meet the needs of the City. Use of bank credit cards as the method of payment does not relieve the using department from any statutory or local rules and requirements relating to the expenditure of public funds. Issuance of bank credit cards to City departments will be decided on a case-by-case basis by the City Treasurer, subject to affirmation by the Mayor. The following procedures shall be used when submitting bank credit card bills for payment: The statement and all corresponding original receipt must be attached. Processing shall be done upon receipt of the statement to ensure that penalties and interest charges are not incurred. Appropriate account coding will be provided for all receipts. Payment request will be filed with a purchase order or general claim form; a purchase order is the preferred method. Payment requests will include the appropriate departmental signatures of certification. Completed documents will be submitted to accounts payable for processing. 1 CREDIT CARDS.POL AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # ~ [4 , regarding recovery of fees for the abatement of dangerous conditions on the property located at 2039 Wheaton Way. FOR AGENDA OF: Julv 21, 1999 ORIGINATING DEPT.: Economic and Community Development ORIGINATOR: Jon Holan DATE SUBMITTED: 2. CLEARANCES: .(Comment on back if 3. necessary) f .//~ J Comm. Dev. Dir.: ,~, ~ City Clerk: ~_/w_~_' C.~--~ _ Ci~ A~o~ey: ~~~ EXHIBITS: 1. Resolution # 2. Clerk Report 3. Photos ENDORSEMENT ~ INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR~-~ ~' ~'f-'q{~ COUNCIL PRESIDENT ~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On April 3, 1998, the CiW boarded up the former Bridgetender Restaurant located at 2039 Wheaton Way. after the owner, Sam Fitz, failed to do so as ordered by the Building Official. The building had been vandalized and was being used as a harbor for vagrants and vandals, as reported by the Bremerton Police Department. In the interest of not costing more than was immediately necessao', the building was not boarded on the water side. since the windows had not been damaged and it appeared difficult for anyone to access the building from that side. On May 6, 1999, the Police Department reported that the water side windows were broken, and the building was again being used by vagrants. Public Works boarded up the rem'fining windows and doors. The cost of the work done by Public Works totaled $379.80. Administrative fees ,hill not be charged on this item because they were included on the lien f'ded in 1998 and this action is a continuance of that abatement. Council must now decide if the fees are just and reasonable, and how they should be collected. See at tached pa~e ;~ interfund transfer ~/10012. RECOMMENDATION': It is recommended that Council, by Resolution # ~ ~ -~, , order that the fees incurred for the abatement of dangerous conditions located at 2039 Wheaton Way be collected as reasonable abatement costs and become a lien against the property,. 9. RESPONSIBLE OFFICIAL: Jon Holan ENFORCEMENT OFFICIAL: Jon Holan EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED .~MENDED DATE: 11. AGENDA BILL NO.: __~' 140 2. CLEARANCE COMMENTS: 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 unsafe conditions on the property at 2039 Wheaton Way and determining means of collection. WHEREAS, the City. of Bremerton incurred costs for securing the building on the property located at 2039 Wheaton Way; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, the City Council is charged with determining whether the fees are just, and how thev 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 2039 Wheaton Way. now. therefore. BE IT RESOLVED, bv the Citv Council of the Citv of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $379.80 for the property located at 2039 Wheaton Wav. Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatement fees bv filing a lien against the property.. PASSED, by the City Council of the City of Bremerton this da,,' of 19 MIKE SHEPHERD Council President ~rder History 11.'40:5I CITY OF BRENLERTON PWO-STREET DP¢ISION ri{ Order #: SD980056 Title: BLAB 2039 Lower Wheaton Way/Bridgete Status: F Labor Hours Estimate: 0 Project #: N4014280 Ancillary Operations Materials Estimate: 50 Customer: BLAB Building Department Abatements Equipment Estimate: Work Type: AO ANCILLARY OPERATIONS Date Entered: -~/i, 98 Supervisor: 0061 Riley Thompson Date Updated: 5/6/99 7:48:14 ANt Lead Employee: 0524 Coten Corey Date Targeted: 6/5,,99 Priority.: 1 Date A.ssigned: ~;'1,98 Location ED: 1 Unspec/!ied Location Date Started: 2.,3~98 llistory #: 1 Unspecizled Equipment Date Finished: 4, 20/99 Work Description Board up all windows and secure building, make sure no one is inside before sezurmg. WiiI need 15 sheets of 1,;2 inch ?lywood. 40/99 ~1057 s~o,~2~o BLAB 2039 Lower Wheaton Way/Bndgetender Boarding up No BI.AIl 0524 Colen Corey 1.00 hr 3013 '92 GMC i-TON P,©- 1.00 hr 0051 Scott Corey 1.00 hr 1.00 hr 3015 '92 GMC 1-TON P,%' 2.00 I904 Jim toVmetli 1.00 hr 1951 Anthony lovinelli 2.00 hr 1.00 hr 3078 '95 1-TON CHiEX/I' !D0 80370K Kitsap Lumber- cdx 1,2" 2.x8 iD0 m 80402 Kimao Lumber - cdx !,2" 4x8 (12 shee~s) 2.50 in ].O0 SL~E~,L&R.Y FOR WORKORDER: Labor: $ I58.7] Benefits: $0.00 Equipment: 526.00 Materials: $185.07 Sales Tax: $0.00 Total: 5379.80 SD980056 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 3.00 ;.00 -.0O 0.00 52i.15 g9.00 562.30 518.00 551.i5 552..:2 DETAIL OF PUBLIC WORKS FEES FOR ABATElqENT OF 2039 WHEATON WAY. CITY OF BREMERTON · 239 4th Street · Bremerton. Vv:, 98337 Memorandum DATE: TO: FROM: RE: CC: June 29, 1999 Paula Johnston, Deputy City Clerk Janet Lunceford, BDS II -~ Public Hearing, 2039 Wheaton Way Jon Holan Paula--On May 6, t999, Public Works secured the building at 2039 Wheaton Way after reports from the Police Department that further vandalism had occurred. The cost of the work totaled $379.80, as shown on the attached Interfund Transfer. Administrative fees will not be added to this amount because this action is a continuance of the abatement of 1998. I have scheduled a public hearing for Council on July 21, 1999. Equal Opportunity Employer CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 5/12/99 TtL&NSFER~ 10012 TO COMPLETE THIS FORM IN' DUPLICATE AN'D RETUP~N TO ACCOU~-NTS PAYABLE Building Deparrmen~ PWO-STR_EET DMSION FROM)~, Abatements (REVENUE DEPARTMENT) 1~ (E~NDITUP,_E DEPARTMENT/ DESCRIPTION TOTAL Charges per attached summary for: April 1999 LABOR EQUIPMENT MATERIALS SALES TAX TOTAL B L.-kB $719.43 $530.00 $1.562.45 $0.00 $2.$i 1.38 ACCOUNT AMOUNT ACCOUNT AMOUNT 42-349.3900 S2.$ 11.88 (Sign Here) x~~c. ~,. ~ .~ Q,--~ REVEN?.~ EPARTM E-~'~ S'~ERVISO R (Sign Here) EXPENDITURE DEPARTMENT SUPERVISOR Billing Details 5/12/99 I l.'4 7.'54,4M CITY OF B1LEMERTON Page 7 PWO-STR%ET DIVISION Customer: BLAB Date ID Numbers 4/2/99 sm~o~s 9~os:6 0053 3015 0054 DUMPIN 4/20/99 SD900035 900913 0909 3025 3093 0524 3060 3039 0583 3057 3091 DUMPOU DUMPAP 4/22/99 smooo35 99~to6 009956 4/30/99 SD980056 ':}01057 0524 3013 0051 3015 !90,1 !951 3078 S0370K $0a02 Building Department - Abatements Description BLAd3-315 E.30th,remove carpet,pa&scraps Terry Devery '92 GMC I-TON PSU Bill Edwards Dump Fees - Oly. View Sanitary, Landfill BLAB-remove garage roofs at 615 1 lth St. Clean up Bt/an Brewer '93 GMC 1-TON DL-MP 1988 Im'l 12 yard Dump Truck Colen Corey '91 GMC S-15 4X4 EXT. CAB '94 JD410 BACKHOE Mark A. Thompson '90 DODGE 1-TON (DIESEL) 1987 Int'l 12 yard Dump Truck Dump Fees - Oly. View Sanitary Landfill Regular 1.00 hr 1.00 hr 1.00 hr 2.00 yd 6.00 hr 3.00 hr 2-.00 hr 4.00 hr 4.00 hr 4.00 hr 6.00 hr 1.00 hr 5.00 hr 40.00 yd Dump appliances at Oly. View San. Landfill 3.00 in BLAB-remove garage roofs at 615 1 lth St. Installation of 64' of 4' high chain link fencing. H & H Fencing Consm 615 1 ltl2 Street 1.00 m BLAB 2039 Lower Wheaton Way/Bridgetender Boarding up Co[en Corey '92 GMC 1-TON Scott Corey '92 GMC I-TON P Jim Iovinelli Anthony Iovinetli '95 1-TON CHE'vW Kitsap Lumber - c&x i 2" 4x8 Kitsap Lumber - cdx 1 2" 4x8 i 12 sheets) i.O0 i.00 hr 2.90 inr ZOO hr !.00 ~ l.©0 :n 1.30 m Overtirlle Costs 1.06 5r ~.90 5= i.00 l'$ 59.00 531.15 $20.76 5186.90 524.00 5102.00 S121.60 52!.00 5156.00 $I86.90 $9.00 $t70.00 $830.40 545.00 $z81.22 $9.00 362.30 5 i '53 !. :.5 59.00 526.2, 5138.S0 5131135 Work Order History 5/6/99 I i:36:33 AM CUI'Y OF BKEMERTON PWO-STKEET DPt]SION Work Order #: SD990038 Project #: N4014280 Customer: BLAB Work Type: MR Supervisor: 0524 Lead Employee: 0524 Priori~: 1 Location ID: I History. #: 1 Title: BLAB-315 E.30th.remove carpet, pad. scraps Ancillary Operations Building Department Abatements ROADWAY NL~INTENANCE Colen Corey Colen Corey Unspecified Location Unspecified Equipment Work Description Status: F Labor Hours Estimate: Materials Estimate: $0 Equipment Estimate: Date Entered: a. 2, 9~ Date Updated: 5/6/99 7:48: ta AY, i Date Targeted: 6~ 5,99 Date .~ssigned: a, 2, 99 Date Started: a, 2.99 Date Finished: a, 2, 9~ 9908:26 N4014280 No BLAB 0053 3015 0054 DLq'N~PD4 BLAB-315 E.30tt~remove carpet, pad. scraps Terry. Devery '92 GMC I-TON Bill Edwards Dump Fees - Oty. View Sanitary Landfill 1.00 hr S31,~5 1.00 hr 59.00 1.00 hr 531.15 2.00 yd 520.76 2.00 hr 0.00 5,r 592.06 Labor: Benefits: Equipment: Materials: Sales Tax: Total: SL:%EX, LARY FOR WORKORDER: SD990038 562.30 50.00 S9.00 520.% $0.00 $92.06 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 2. )© ,'.. 30 2. J0 0.,30 ,30 SD990038 /=age 1 Work Order History 5/12/99 ! 1.'44.'32 AM CI-i~~ OF BREMERTON PWO-STREET DIVISION Work Order #: SD990035 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority.: 1 Location ID: I History. #: 1 Ancillary. Operanons Building Department ANC1LL.a~RY OPERATIONS Colen Corey Colen Corey Title: BLAB-remove garage roofs at 615 1 lth St. Abatements Unspecified Location Unspecified Equipment Status: S Labor Hours Estimate: 0 Materials Estimate: 50 Equipment Estimate: 50 Date Entered: 3, 31 99 Date Updated: 5;6/99 7:48:i4 AM Date Targeted: 6/5 99 Date .~ssigned: 3/31, 99 Date Started: 4, 20, 99 Date Finished: 4, 22, 99 Work Description Demohsh roof on garages, remove garbage & debris and fence remaining concrete walls. 4/20/99 N4014280 990913 No [id-AB 0909 3025 3093 0524 3060 3039 0583 3057 3091 DL%IPOU DL~iPAP 4/22/9q N4014280 a~l [06 No BLAB 009956 BLAB-remove garage roofs at 615 1 lth St. Clean up Brian Brewer '93 GMC 1-TON DL~IP 1988 Int'l 12 yard Dump Truck Colen Corey '91 GMC S-15 4X4 EXT. CAB WU '94 J'D410 BACKHOE Mark A. Thompson '90 DODGE 1-TON iDLESEL) 1987 Int'! 12 yard Dump Truck Dump Fees - Oly. View Sanitac~ Landfill 6.00 hr 5186.90 3.00 hr $24.00 3.00 hr 5102.00 4.00 hr $124.60 4.00 hr 524.00 4.00 hr 5156.00 6.00 hr 51,56.90 1.00 hr 59.00 5.00 hr 40.00 yd 5~5.00 Dump appliances at Oly. View San. Landfill 3.00 in BLAB-remove zara_qe roofs at 615 1 lth St. Installation of 6a' ora' h:gh cham link £encmg. H & H Fencing Consm 6i5 t !th Street 1.00 m i6.00 hr 0,00 ',ar 5481.22 Labor: Benefits: Equipment: Materials: Sales 'Fax: Total: SU~I~LARY FOR WORKORDER: 5498.40 50.00 5485.00 5i.~_6.6. SO.O0 SD990035 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 ~. 6lO0 20100 0.00 20.00 S0990035 Page Wm'k Order History. 5/6/99 1 ! :40:51 A~k[ CITY OF BRENLERTON PWO-STREET DW-~SION Work Order #: SD980056 Project #: N4014280 Customer: BLAB W'ork T.vpe: AO Supervisor: 0061 Lead Employee: 0524 Priority.: 1 Location ID: 1 History. #: 1 Ancillary Operations Buildmg Department ANCILLARY OPERATIONS Riley Thompson Colen Corey Title: BLAB 2039 Lower Wq~eaton Way/T~ndgete Abatements Unspecified Location Unspecified Equipment Status: F Labor Hours Estimate: 0 Materials Estimate: $0 Equipment Estimate: $0 Date Entered: a, i, 98 Date Updated: 5,6,99 -:48:!4 AM Date Ta. rgeted: 6,, 5,99 Date .Assigned: _t. l, 9S Date Started: :. 3,98 Date Finished: a, 30/99 Work Description Board up all windows and secure building, make sure no one is reside before secarmg.Wili need 1~ sheen of 1,2 inch pisw¢cod. ,x~o~<ao BLAB 2039 Lower Wnneaton Way/Bridgetender Boarding up No BLAB 0524 Colen Corey 3013 '92 GMC I-TON P/U' 1.00 0051 Scott Corey 1.00 3015 '92 GMC 1-TON P/U 2.00 t 904 Jim Iovinelli 1951 Anthony Iovmelli 2.00 3078 '95 1-TON CHEVY i.00 80370K Kitsa~ Lumber - c&x 1, 2" ~xS i.0O 80402 Kitsav Lumber - c&x 1,'2" -ixS ( 12 sheers) hr in !.00 kr 1.00 hr i.O0 hr 1.00 hr ;.00 hr 4/30/99 991057 3.00 $3i.15 59.00 562.30 $i8.00 531.!5 5900 526.2- 5138.20 SL.%LNLARY FOR WORKORDER: SD980056 Labor: S158.72 Benefits: $0.00 Equipment: 536.00 Materials: $185.07 Sales Tax: $0.00 Total: 5379.80 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: - !.,30 -t 30 SD980056 Page AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Public Hearing Resolution # ~-~ t ~ , regarding recovery of fees for the abatement of garbage and debris on the property located at 315/317 E. 34}th Street. FOR AGENDA OF: July 21, 1999 ORIGINATING DEPT.: Economic and Communit~ Development Dept. ORIGINATOR: Jon Holan DATE SUBMITTED: 2. CLEARANCES: (Comment pn back if 3. EXHIBITS: Comm. Dev. Dir.:/#/~, .y~ 1. Resolution # ~, ~ ~ ~ C~ Clerk: ~~ ~~ 2. Clerk Report Ci~ A~o~ey~~~~ 3. Photos E~ORSE~NT ~FO~ON__ APPRO~D BY CO~C~ P~S~ENT FO~M~:~ 4. S~RY STATEMENT AND ~QU~MENT FOR COUNC~ ACTION: On March 22, 19~, an Order to Remove Refuse within 72 Hou~ was post~ on the prope~ located at 317 E. 30~, orde~ng that the ca,et, padding, and other debts and garbage be remov~ from the prope~. The ce~ified mail receipt shows that the owner receiv~ the notice on March 26, 1~9. On April 2, 1~9, Public Works removed a roll of carpet pad from the common driveway be~een 315 and 317 E. 30~. The cost of the abatement, including administratNe fees, totaled ~.~. Council must now decide if the fees are just and reasonable and how they should be collected. ~ee ~ah~ ~ from interfund transfer ~10012 for details of charges. ~CO~NDATION: It is recommended that Council, by Resolution # 2 7, ~ . order that the fees incurred for the abatement of garbage and debris located at 315/317 E. 30~ Street be collected as reasonable abatement costs and become a lien against the properW. 9. RESPONSIBLE OFFICIAL: Jori Holan ENFORCEMENT OFFICIAL: Jori Holan EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED DATE: 2. CLEARANCE COMMENTS: 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 garbage and debris on the propert? at 315/317 E. 30th and determining means of collection. WHEREAS, the City of Bremerton incurred costs for removal of garbage and debris on the property located at 315/317 E. 30th 'Street; and WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property.; and WHEREAS, the City Council is charged with determining whether the fees are just, and how thev should be collected; and has considered the report of charges filed by the Building Official and any prote~ts 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 315/317 E. 30th~ now-, therefore, BE IT RESOLVED, by the City Council of the Citv of Bremerton: 1. That the abatement charges included in the report of the Building Official in the amount of $384.06 for the property located at 315/317 E. 30'~ Street. Bremerton, attached hereto, are just and reasonable. 2. That the City of Bremerton will exercise its right to recapture abatemem fees bv filing a lien against the property. PASSED, by the City Council of the Cirv of Bremerton this day of 19 MIKE SHEPHERD Council President Order History. l 1.'36.'33 CITY OF BREMERTON PWO-STREET D['~TSiC N Work Order #: SD990038 Project #: N4014250 Customer: BLAB Work Type: Supervisor: 0524 Lead Employee: 0524 Priority.: Location ID: History. #: Title: BL.-LI3-315 E.30th.remove carpet, pad.scraps Ant illa~/Operanons Building Department Abatements ROAD WA'f _'vL~EN-f'ENANCE Coien Corey Coien Corey Unsr:ecified Location UnspecLfied Equipment Work Description Status: F Labor Hours Estimate: Materials Estimate: Equipment Estimate: Date Entered: -:. Date Updated: 5, 6,99 -:-'8: ~-:' AS.i Date Targeted: Date Assigned: -: 2. Date Started: :, 2. Date Finished: _:. 990826 4250 No ~L~B 0053 3015 0054 DL~'[PEN' BLAB-3i5 E.30th. remove carpet, pad, sc,'nps Terry Devery '92 GMC I-TON P'L- Bill Edwards Dump Fees - Oly. View samtary Landfiil i.00 hr !.00 hr 59.,20 1.00 hr 2.00 vd 2.00 ~ 7,.,30 5~ 592.06 SL_%E~DkRY FOR WORKORDER: SD990038 Labor: 562.50 Benefits: $0.00 Equipment: 59.00 Materials: $20.76 Sales Tax: S0.00 Total: 592.06 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: DETAIL OF PUBLIC WORKS FEES FOR ABATEMENT OF 315 E. 30TH. SD990038 Page CITY OF BREMERTON · 239 4th Street · Bremerton. x,'v:~ 98337 Memorandum DATE: TO: FROM: RE: CC: June 29, 1999 Paula Johnston, Deputy City Clerk Janet Lunceford, BDS I1~/~k'~ Public Hearing 315/317 E. 30~ Street Jon Holan Paula--On April 2, 1999, Public Works removed carpeting scraps from the common driveway between 315 and 317 E. 30m Street after the owner, Emile Gabagat, failed to do so as ordered by the Building Official. The cost of the abatement, including administrative fees, totaled $384.06. I have scheduled a public hearing for Julv 21. 1999 for Council to determine how the fees should be collected. Equal Opportunity Employer CITY OF BREMERTON INTERFUND TRANSFER CITY DEPARTMENTS ONLY DATE 5/72,"99 TtL&NSFER,=/ 100 I2 TO COMPLETE THIS FOtLM IN' DUPLICATE AND RETUT~N TO ACCOL~'TS PAYABLE Building Deparlrnent PWO-STREET DIVISION FROM :'xAbatements (REVENUE DEPARTMENT) ]~ (EXPEN'DITL'RE DEPARTMENT) DESCRIPTION TOTAL Charges per attached summary, for: April 1999 LABOR EQUIPMENT MATERIALS SALES TAX TOTAL BLAB $719.43 $530.00 $1.562.45 S0.00 $2.S t 1.S8 ACCOUNT AMOUNT 42-349.3900 52.811.88 ACCOUNT AMOUNT / (Sign Here) c~~'~'' ~-I~ (Sign Here) 3 EXPENDITURE DEPARTMENT SUPERVISOR Billing Details 5/12,/99 I I.'4 7.'54 AM CITY OF BREMERTON Page 1 PWO-STREET DIY1SION Customer: BLAB Date 4/2/99 0053 3o15 0054 DUMPIN SD990035 900913 0909 3025 3093 0524 3060 3039 0583 3057 3091 DUMPOU DUMPAP SD00~35 009956 052a 3013 0051 3015 190a 195I 30~8 80370K ~0~02 4/20/99 4/22/99 4/30/99 Building Department - Abatements 'NI~2~unllzeJ:t~ Description Regular Overtime Costs BLAB-315 E.30th. remove carpet, pad. scraps Terry, Devery 1.00 hr 53[.[5 '92 GMC I-TON P/U 1.00 hr 59.00 Bill Edwards 1.00 hr 53 [.15 Dump Fees - Oly. View Samtary Landfill 2.00 yd $20.76 BLAB-remove garage roofs at 615 i lth St. Clean up Brian Brewer 6.00 hr 5 i86.90 '93 GMC 1-TON DL%IP 3.00 hr 524.00 1988 Int'l 12 yard Dump Truck 3,00 hr $102.00 Colen Corey 4.00 hr 5124.60 '91 GMC S-15 4X4 EXT. CAB P/U 4.00 hr 524.00 '94 J-D410 BACKHOE 4.00 hr S156.00 Mark A. Thompson 6,00 hr 5186.90 '90 DODGE 1-TON (DIESEL) 1.00 hr $9.00 1987 Int'l 12 yard Dump Truck 5.00 hr 5170.00 Dump Fees - Oly. View Sanitary, Landf'fll 40,00 yd 5830.40 Dump appliances at Oly. View San. Landfill 3.00 in $45.00 BLAB-remove garage roofs at 615 11 th St. Installation of 64' of 4' hig,h chain link fencing. H & H Fencing Consrr. 615 llth Street 1.00 in BLAB 2039 Lower Wheaton Way/Bridgetender Boarding up Colen Corey '92 GMC I-TON P'L' 1.00 hr Scott Corey 1.O0 hr '92 GMC !-TON P;U 2.00 hr Jim iovinelli Anthony Iovinetli 2.00 hr '95 i-TON CHEX/W !.00 hr Kitsap Lumber - cdx 1, 2" 4x8 !.00 m Kitsap Lumber- cdx 1,2" 4x8 (!2 sheetsl [.00 m 1.00 hr 1.00 hr 1.00 hr 1.00 hr $481 *~ 531.!5 59.00 >6..~ ) 518.90 $34.'.3 59.00 $138.$0 52.S11.88 Work Order History .5/6/99 11.'36.'33 CITY OF BR.EMERTON PWO-STR_EET DP~]SION Work Order #: SD990038 Project #: N4014280 Customer: BLAB Work Type: _'vPR Supervisor: 0524 Lead Employee: 0524 Priority.: 1 Location ID: 1 Ristory #: I Title: BL.~d3-3 I5 E.30th.remove carpenpa&scraps Ancillary Operanons Building Department Abatements ROADWAY MALNWENANCE Colen Corey Colen Corey Unspecified Location Unspec/fied Equipment Work Description Status: F Labor Hours Estimate: 0 Materials Estimate: 50 Equipment Estimate: 50 Date Entered: x 2.9~ Date Updated: 5,6199 7:-'8" '.~- AM Date Targeted: 6, 5 99 Date Assigned: a 2. 99 Date Started: a. 2.99 Date Finished: 2, ~ 9t~ No BLAB 0053 3015 0054 DUMPI2~' BLAB-315 E.30th, remove carpet, pa&scraps Terry Devery '92 GMC I-TON PfL' Bill Edwards Dump Fees - Oly. View Sanitary. Landfill 1.00 hz 53i.i5 1.00 hz 59.00 1.00 hz 531.15 2.00 vd 520.76 2.00 hz 0.00 ~ 592.06 SL3DdARY FOR WORKORDER: SD990038 Labor: Benefits: Equipment: Materials: Sales Tax: Total: 562.50 50.00 59.00 $20.76 $0.00 592.06 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 0. :210 SD990038 Page Work Order History 5/12/99 11..44..52 AM CITY OF BRENIERTON PWO-STREET DIVISION Work Order #: SD990035 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0524 Lead Employee: 0524 Priority.: 1 Location ID: 1 History. #: I Title: BLAB-remove garage roofs at 615 1 lth St. Aaacillary Operations Building Department ANCILLARY OPERATIONS Colen Corey Colen Corey Unspecified Location Unspecified Equipment Abatements Status: S Labor Hours Estimate: 0 Materials Estimate: $0 Equipment Estimate: Date Entered: 3 31, 99 Date Updated: 5/6/'99 7:48:14 AM Date Targeted: 6~ f, 99 Date Assigned: 3. ~ 1, 99 Date Started: 4, 20/99 Date Finished: z, 22, 99 Work Description Demolish roof on garages, remove garbage & debris and fence remaining concrete wails. 4/'~0~/9 N4014280 990913 No BL..~ 0909 3025 3093 0524 3060 3039 0583 3057 3091 DL~fPOU DL~[PAP 4/22190 N4014280 '~ql I66 No BLAB OO9956 BLAB-remove garage roofs at 615 1 lth St. Clean up Brian Brewer '93 GMC 1-TON DUMP 1988 Infl 12 yard Dump Truck Colen Corey '91 GMC S-15 4X4 EXT. CAB P/U '94 JD410 BACKHOE Mark A. Thompson '90 DODGE 1-TON (DIESEL) 1987 Int'l 12 yard Dump Track Dump Fees - Oly. View Sanitary Landfill 6.00 3.00 3.00 4.00 4.00 4.O0 6.00 i.00 5.00 40.00 Dump appliances at Oly. View San. Landfill 3.00 BLAB-remove zarao~e roofs at 615 t 1 th St. Installation of 6~" of,t' Ngh H & H Fencing Consrr. 615 l lth Street i.00 16.00 hr S186.90 hr 524.00 hr $102.00 hr 5124.60 hr $24.00 hr $I56.00 hr 5186.90 hr 5900 hr SI-0.00 yd 5830.-~0 in 545.00 chain link fencing. m S.-t8 :,22 hz 0.00 hr $2.3a0.02 SL~E~LARY FOR WORKORDER: SD990035 Labor: Benefits: Equipment: Materials: Sales Tax: Total: S498.40 S0.00 5485.00 $1,356.62 S0.00 $2,340.02 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: I6.00 0.00 t 6.00 20.00 0.00 20.00 e ?/ fl o,c SD990035 Page Work Order History CITY OF BREMERTON PWO-STREET DIVISION Work Order #: SD980056 Project #: N4014280 Customer: BLAB Work Type: AO Supervisor: 0061 Lead Employee: 0524 Priori~: 1 Location ED: 1 History. #: 1 Title: BLAB 2039 Lower Wheaton Way/Bridgete ?mcillary Operations Building Department Abatements ANCILLARY OPEIL4,TIONS Riley Thompson Colen Corey Unspecified Locauon Unspecified Equipment Status: F Labor Hours Estimate: 0 Materials Estimate: 50 Equipment Estimate: $0 Date Entered: ~:' ':. 98 Date Updated: 56/99 7:48: i-' AM Date Ta. rgeted: 6; 5'99 Date .Assigned: -:, '.. 95 Date Started: z, y 98 Date Finished: -', 50., 99 Work Description Board up ail windows and secure building, make sure no one is reside before secUring. Will need !5 sheets of 1, 2 tach plywood. 4/30/9~ 991057 ,~,omso BLAB 2039 Lower Wheaton Way/~Bndgetender Boarding up No BLAB 0524 Colen Corey 3013 '92 GMC 1-TON P/U 1.00 0051 Scott Corey 1.00 3015 '92 GMC 1-TON P/U 2.00 1904 Jim Iovinelli i951 .anthony Iovinelli 2.00 3078 '95 1-TON CHEVY !:30 80370K Kksap Lumber - ccLx l. 2" 4x8 ! .00 80,*02 Kitsap Lumber- cix! 2" Ix8 1'12 sheetsl !:30 i.00 hr 1.00 kr 1.00 hr !.00 ~ z.00 hr 59.00 562.30 518.00 53z.12 5900 5-'6.2, SL .')EMARY FOR WORKORDER: SD980056 Labor: 5i58.73 Benefits: 50.00 Equipment: 536.00 Materials: $185.0- Sales Tax: 50.00 Total: 5379.80 Total Regular Labor Hours: Total Overtime Labor Hours: Total Labor Hours: Total Regular Equipment Hours: Total Overtime Equipment Hours: Total Equipment Hours: 3.00 ,3.00 4. O0 SD980056 Page I AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FINAL PLAT APPROVAL ACTION: Final Plat for 5 lot subdMsion - in single-family zone. APPLICANT: Gerard Vergeer FOR AGENDA OF: July 21' 1999 DEPT. OF ORIGIN: DECD -Land Use ORIGIONATOR: Tricia Dupon.t DATE SUBMITTED: July 7, 1999 LOCATION: Northeast comer o£ Sheridan Road & Rickey Road 2. CI.EARANCES: (Comment on back if necessary) 3. EXHIBITS: Attorney~ Dr: IDO~N__ DECD Director: Dir. Pub. Wks: City City En ' O Agenda Item to Planning Commission & Staff Report O Minutes from Planning Commission Mtg. of 6-15-1999 O Preliminary, Plat Resolution O Assignment of Funds Document Mayor: ~~TT Eh; APPRVD BY COUNCIL AL 4. SUMMARY STATEMENT AND REQUIERMENT FOR COUNCIL ACTION: See attached "4. SUMMARY ST.X, TEMENT AND REQUIRE_MENT FOR COUNCIL _\CTI()N:- 5. RECOMMENDATION: Staff is recommending that the Ciw (7ouncfl move to approve tine F{nA Map for "Hand's Corner" Subdivision. 6. ~SPONS~LE OFFICI_~: ENFORCEMENT OFFICL~.: ENPIKkTION DATE: tLEVI E\V DATE: PULLED TABLED COUNCIL DIRECTIVE: 7. NOTICE OFACTION4 ll~~~E~\ APPROVED DISAPP IENDED DATE: ~ 8. AGENDA BILL NO.:~~ 9. CI.I~ARANCE COMMENTS 10. IMPACT OF NON-PASSAGE: If the Final Plat is denied, the applicant will be unable to undertake the project as proposed. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPEMNT OR OTHER RESOURCES: Additional staff resources will be required to reriew final plans and permits. RESEARCH SOURCES: Zoning Ordinance File Site Visits ATTACHMENT TO: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FINAL PLAT APPROVAL ACTION: Final Plat for 5 tot subdivision in single-family zone. APPLICANT: Gerard Vergeer FOR AGENDA OF: July 21, 1999 DEPT. OF ORIGIN: DECD - Land Use ORIGIONATOR: Tricia Dupont DATE SUBMITTED: July 7, 1999 LOCATION: Northeast comer of Sheridan Road & Rickey Road 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On January, 20, 1998, the Planning Commission recommended approval of this project as a Preliminary,- Plat for single-family unit development. On February 25, 1998, the Cit5- Council approved the project as a Preliminary Plat for a single-family unit development with conditions. The Planning Commission on June 15, 1999 recommended approval of the final plat as presented in the Staff Report which is attached. There were no substannal issues discussed at the Planning Commission meeting. The ~xpplicant has satisfied all conditions of the preiiminar3/plat and all applicable requirements of RCXV 58.17. The Ciw Council shall either: 1) Accept thc tSnai mad :is proposed; or 2: Remand thc matter back to staff fir further consideration stating specific reasons. RESOLUTION NO. A RESOLUTION ACCEPTING THE FINAL PLAT OF "HAND'S CORNER", LOCATED ADJACENT TO AND NORTHEAST OF SHERIDAN ROAD AND RICKEY ROAD, BREMERTON, KITSAP COUNTY, WASHINGTON. WHEREAS, the City, Council previously approved the preliminary plat of "Hand's Comer": and WHEREAS, pursuant to RCW 58.17 Gerard Vergeer, proponent for the proposed subdivision, comprising .70 acres and located adiacent to and northeast of Sheridan Road 'and Rickey Road and Rickey Road within the CiD- o£ Bremerton, has made application for approval of a final plat containing five lots; and WHEREAS, the Planning Commission has reviexved this matter on June 15, 1999: and WHEREAS, the Planning Cow_mission recommended to the Council that the Hand's Comer Subdixdsion Final Plat be accepted having shown compliance with the approved design and conditions of approval of the preliminary., plat; and WHEREAS, an environmental checklist has been prepared :md considered bv the responsible official and a determination of nonsi~ificance issued: and WHEREAS, the Bremerron Ciw. Council held public heanng on July 21. 1998. concerning the final plat, and adopted the Finding. Conclusions and Recommendation enclosed in this packet. NOW, THEREFORE BE IT RESOLVED, the City Council of me Cin-of Bremer~on does hereby find: That there are adequate services ro the site: and That the plat conforms to RCW 58.17: and That the necessary agency approv,xls have been ()brained: and The conditions of approval from the prelimina~- plat have been met. BE IT FURTHER RESOLVED, that the city council does hereby approve thc Final plat For tiao "Hand's Comer" Subdivision on prope.~/described as £ollows: THAT PORTION ()F THE SOUTHEAST QUARTER OF THE NORTt [EAST QUARTER THE NORTHXX~ST QUARTER, SECTION 11. TO\\%'SHIP 24 NORTH, tLLNGE 1 EAST. W.M. DESCRIBED AS FOLLO\VS: COMMENCING AT 'ITtE SOUTIAXX?_ST CORNER OF THE SO UGHEL-XST QU.LRTER OF THE NORTHEAST QUARTER OF SAID SECTION 11, BEING THE TRUE POINT OF BEGINNING, THENCE N 00° 38'55" E 216.89 FEET, THENCE S 890 32'45" E 198 FEET, THENCE S 00o38'55'' \V 216.89 FEET, THENCE N 89032'45'' W 198 FEET TO THE TRUE POINT OF BEGINNING, 10{ SITUATE IN THE CITT OF BREMERTON, KITSAP COUN'IT, WASHINGTON. PASSED bv the CiD, Council or-the Ci~~ of Bremerton this , 1999. day or- Mike Shepherd, President Bremerton Ciw Council APPROVED this dayof ,1998. LYNN S. HORTON, Mayor City of Bremerton ATTEST: PAULA JOHNSTON, Deputy. City.' Clerk AGENDA ITEM BREMERTON PLANNING COMMISISON FOR AGENDA OF: ORIGIONATOR: COMMITTEE CHAIR: June 15, 1999 [] Trish Dupont [] Joan Dingfield [] PUBLIC HEARING STUDY SESSION INFORMATION SUBJECT Final Plat: Applicant: Jerry Vergeer, 2670 Tracvton Beach Road, Bremerton, \X'A 98310 o SUMMARY STATEMENT & REQUIREMENT FOR COMMISSION ACTION: The issuance of a Final Plat is a Type III decision with review bv the Planning Commission and decision by the City Council (Ref. BMC 213.02.850',. The Commission reviev,-s ~md makes recommendation based on the evidence available and testimony presented at the study sessiom ()n Janu:u-y 20. 1998 the Planning ([ommission approved the Prelirnw. arv Plat and (.'in' Council passed resolution ;2043 accepnng the Preliminary Plat on February- 25. 1998. 3. EXHIBITS A. Application B. Plat Map 4. RECOMMENDATION: MODEL MOTION: I move that the Bremcrton Planning (2omm~ssior~ find ~har the Fro:ti Plat meets the requirements (of the C~w of Bremerron and recommend that ;he plat be approved, approved with the follov:ing conditions: (see a~tached), or denied. CITY OF BREMERTON 1,,: "Hand sc°mer"!FinalPlat ::,:i .... (File #: PL9~?7) , ...... PREPARED BY: Irish Dupont SUMMARY Applicant: Jerry Vergeer 2670 Tracyton Beach Drive Bremerton, WA 98310 Applications: Final Plat (Hand's Corner - 5 lots) Location: 412 Sheridan Road (NE Corner of Sheridan Rd. and Rickey Rd.) The Preliminary Plat for Hand's Comer, a 5 lot subdivision, was approved by the City Council on February 25, 1998 subject to conditions. Improvements necessary for compliance with the preliminary plat approval (sidewalks, utilities, and sormwater) have been bonded to ensure their construction. Now, a plat map prepared by a licensed surveyor has been submitted for council approval. Preliminary Plat Conditions: Infrastructure: Right of Way 1. The applicant/developer shall design and construct a sidewalk which meets the adopted City Design Standards for work within the right-of-way subject to review and approval of the City Engineer. Compliance: According to the Public Works Department, the sidewalks in the subdivision have been designed, approved and bonded for construction. Utilities 2. The applicant/developer shall design and construct underground utilities for water and sanitary sewer subject to the review and approval of the Bremerton Public Works Director. Utilities for power, telephone, and cable television shall be constructed underground. 3. A pole mounted street light fronting the NE corner of Sheridan and Rickey Roads shall be provided and approved by the Engineering Department. Compliance: According to the Public Works Department, underground utilities have been designed, approved and bonded for construction. The street light has been bonded and installation will be arranged with the Public Works Department. Stormwater 4. The applicant/developer shall design and construct a stormwater collection and disposal system for stormwater. The stormwater system shall be subject to review and approval by the City Engineer. 5. Curtain drains for foundations, roof gutter, and down spouts shall 'be provided as necessary. Compliance: The Public Works Department indicates that the plat has been designed, approved and bonded for construction in compliance with the Stormwater Management Manual for the Puget Sound Basin. Service laterals have been installed for downspout drains. Survey 6. The Final Plat shall be prepared by a licensed surveyor showing distances and bearings for lots and rights-of-way. Compliance: According to the Public Works Department, the plat has been prepared by a licensed surveyor. Non-Conformities 7. No nonconforming structural situations will be created as a result of this plat. Compliance: There is an existing structure on the plat. The final plat will not create any nonconforming structural situations as a result of this short plat. Environmental 8. Prior to making any improvements on the property such as land clearing, grading, or construction of utilities, a sediment and erosion control plan shall be approved by the City Engineer. The facilities required by the plan shall be in operation prior to land clearing and or construction. The erosion control measures shall be maintained until construction is completed and the potential for on-site erosion is absent. 9. All disturbed soils shall be re-seeded or replanted with ground cover and continually maintained to prevent erosion. Compliance: Pursuant to BMC 15.04 an approved erosion control plan will be implemented prior to grading and construction. City Engineer Approval: The final map complies with all requirements of RCW 58.17.160 and 58.17.185, and according to the Public Works Department, adequate sewer and water capacity are available to serve the plat. Recommendation: Staff recommends approval of the final plat, based on the following conclusions: 1. There are adequate services to the site. 2. The plat conforms to RCW 58.17. 3. The necessary agency approvals have been obtained. 4. The conditions of approval from the preliminary plat have been met. / ~ ,/on-~olan, Planning Manager Date CITY OF BREMERTON APPLICATION & CHECKLIST FOR: FINAL PLAT (FII F# FP- -93) '~ REQUIREMENT: Final Plats are reviewed by the City Council for compliance with Preliminary Plat conditions. INSTRUCTIONS: Please complete the following application to initiate necessary background information for submittal with the final plat map. o APPLICANT & ADDRESS: ~ re_~c,-~.~. IdA cF~3 / 0 CONTACT PERSON & PHONE ~: PROPOSAL (describe nafure or me development): APPLICANT'S STATEMENT: I hereby certify that the statements contained herein are correct. /t.plicant ~-- Date ~'~ 5/ EXHIBIT "A" ( 17 0~.c-~;~ name: Lotl i.ior~h: 8160. 0647 East: ii1~.3. 141118 Line Course: S 8a-%~-55~ _. E Length: 58.~.,~_' NorKh: 9760.0633 East: 11841.3408 line Course: $ 00-44-53 E Length: 50.i3 North: 8709.937s. East: 11841.9953 hixo Course: S 02-16-59 E Length: 47.53 North: 8662.4453 Eas~: 11843.888i ilne Course: N 89-36-34 W Length: 60.72 North: 8662.8592 East: 11783.i~C1 Line Ccurse: N 00-0t-04 W Length: 60.89 Ncrth: 872}.7492 East: !!783.i512 Line Course: N 00-01-04 W Leng~n: 36.32 North: 8760.0691 East: 11783.1399 -- ~ -~. ~ ' ~ ~ =--' sq.=~ 0 i3 acres r~r~met=_. 2~o..P Area: _,,c'_~ z= . . 14aecneck Closure :Uses lismed courses, radii, and deinas Error Closure: 0.0046 Course: N 10-46-34 W Error North: 0.00448 East: -0.00085 [recision 1: 68,824.39 name: Lot2 North: 8724.4134 East: 11685.1518 Line Course: S 89-36-34 E Length: 98.,50 Morth: 8723.7454 Eas~: 11783.1496 Line Course: S 00-0i-04 E Length: 60.89 North: 8662.8~54 East: i1783.1684 Line Course: N 89-36-34 W Lengzh: 98.00 North: 8663.5234 East: i1685.iT0- line Course: N 00-01-04 W Lengzh: 6{3.89 North: ~724.4134 Eas~: PerimeEer: ~i7.77 Area: 5,z67 sq.ft. ,2:.14 acres >{ae2heck Closure - !Uses !is~eo courses, radii, and deltas Er~o~ Closure: ).0000 Course: N 90-00-00 E Error North: i.00000 Eas~: [rermsion i: 317,780, i}00.00 name: ]:ortn: 87¥v.4i47 Easz: !i685.1354 Line Course: S 89-36-34 E Lenazh: 98.0C North: 8776.7467 Eas~: 1i783.1331 Line Course: S 0!3-01-04 E Lenguh: 16.68 North: 8760.0667 Eas~: 11783.1383 Line Course: S 00-01-04 E Length: 36.32 North: 8723.7467 East: 11783.1496 Line Course: N 89-36-34 W Length: 98.00 North: 8724.4147 East: 11685.1518 Line Course: N 00-01-04 W Length: 53.00 North: 8777.4147 East: 11685.1354 Perimeter: 302.01 Area: 5,194 sq.ft. 0.12 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: N 90-00-00 E Error North: 0.00000 East: 0.00000 Precision t: 302,000,000.00 Lot name: Lot4 ][or~h: 8830.4161 EasE: i1685.1189 Line Course: S 89-36-34 E Length: 98.00 North: $829.748! East: 11753.1167 Line Course: S 00-0!-04 E Length: 53.00 North: 8776.7481 Eas~: 1i783.1321 Line Course: N 89-36-34 W Length: 98.00 North: 5777.4161 Eas~: i1685.1354 Line Course: N 00-01-04 W Length: 53.00 North: 8830.4161 Eas~: 11685.i18TM ''~ ~ 194 ~e Perimeter: 3Ii=.01 Area: ~, sq .... 0.12 acres Maplheck Closure - lUses tis~ed courses, radii, and deltas Error Closure: 0.01300 Course: N 90-00-0<i E Error North: 6..10000 Eas~: 0.00000 ~recisicn i: 302, 000, 000. 00 ........................................................................... name: Lot5 ;~eruh: 8849.7486 East: 11783.1129 ' ine Course: S 89-'36-34 E Length: 60.37 North: 8849 3370 East: 11843 4815 Line Course: S 02-58-15 W Length: 19.91 North: 8829 4538 East: 11842 4491 Line Course: S 00-53-00 W Length: 26.07 North: 8803 3869 Eas~: 11842 047~ Line Course: S O0- 6-01 W Lenguh: 43.33 North: 8760 0621 East: 11841 34i" Line Course: N ~- .... a_~ W Len~h: 58.21. North: 8760 064_ Eas~: 11783 i4i- Line Course: N 00-01-04 W Lens~R: North: 8776 7441 East: 11793 136,! - ~ ne Course: N 00-'2_-.}4 W Lenilh: 53. North: 8829 744i EasE: 11783 iiL~! Line Course: N 00-01-04 W Lenz-i~: -_s. ;~ Ilor~h: R84a 1441 EasE: ilU{~ l~j~ ~=~imeter: ..... 297 56 Area: HapLheok Closure - ~Uses iisled sources, raCii, and del-_as Errcs Closure: t. )d46 Course: Error North: -0.00449 Eas~: ~ reclsion !: 64,158.36 name: Tra~z_ "'=, North: 8850.4166 East: 11685.1127 Line Course: S 89-36-34 E Length: 98.00 North: 8849.7486 Eas~: 11783.i1!}5 Line Course: S 00-01-04 E Lenguh: 20.00 North: 8829.7486 East: 11783.1167 Line Course: N 89-36-34 W Length: 98.00 North: 8830.4166 East: 11685.1i89 Line Course: I'! 00-01-04 W LengUh: 20.00 North: 8850.4166 East: 11685.1127 Perimeter: 236.01 Area: 1,960 sq.ft. 0.04 acres ?.lapcheck Closure - (Uses listed courses, radii, and deltasi Error Closure: 0.0000 Course: N 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:236,000,000.00 TRANSNATION TITLE INSURANCE COMPA_N-f 96i9 LEVIN ROAD N.W. P.O. BOX 1250 SiLVERDALE, WASHINGTON 98383 (360) 692-4556 FA_x: (360) 698°2355 Prepared for: CONSERVE LAND SURVEYING PO BOX 1611 PORT ORCHARD, WA 98366 Charge : $200.00 Sales Tax: $ 16.20 Total : $216.20 Order Nc.: 183251 SHORT PLAT CERTIFICATE Certificate for filing proposed Short Plat of: in the matter of the short subdivision to be submitted to Kitsap County for approval, this company has examined the records of Kitsap County Auditor's and Clerk's offices, and the records of the Clerk of the United States District Courn holding terms in said county. This certificate is made for the purpose herein specified, and is not to be used as a kasis for closing any transaction. Liability is limited to the amount, if any, maid for this certificate From such examination the comoanv he-=my cernif~== -he tit~= to the following described land, in said Kitsao Ccunny, nc-wit: See "LEGAL DESCRIPTION:" VESTED IN: GER_~LD S. %~RGEER, JR. and SHIRLEY VERGEER, husband and wife ~XCEPTIONS: General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (lst half delinquent on May 1; 2nd half delinquent on November !) Tax Account No. Year Amount Billed Amount Paid Princioa! Balance 112401-2-037-2007 Levy Code:0060 1998 $!,035.94 $1,035.94 $0.00 2. LOCAL IMPROVEMENT ASSESSMENTS, IF .ANY, LEVIED BY THE CiTY OF Bremerton. 3. MATTERS SET FORTH BY SURVEY: RECORDED: RECORDING NO.: August 5, 1978 7808050143 Il0 Order No. 183251 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGIN~ AMOUNT: DATED: RECORDED: RECORDING NO.: Gerard S. Vergeer, Jr. and Shirley Vergeer, husband and wife Transnation Title Insurance Company, a corporation Lily Belle Hand, as her separate estate $75,000.00 June 12, 1997 June 17, 1997 3023821 Investigation should be made to determine the present balance owed by contacting the appropriate lender/agency/individual. Records examined to December 9, 1998, at 8:00 A.M. TRANSNATION TITLE INSURANCE COMPANY ~or se~ic~ on this order cai!: SUZIE BANE, Title Officer or JANET OUELLET, Title Assistant (360) 692-4556 (Fax: 698-2356) cc: Gerald Vergeer 2670 Tracyton Beach Rd. NH Bremerton, Wa 98310 2 Order No. 183251 LEGAL DESCRIPTION: That portion of the Southeast quarter of the Northeast quarter of the Northwest quarter, Section 11, Township 24 North, Range 1 East, W.M., described as follows: Commencing at the Southwest corner of the Southeast quarter of the Northeast quarter of the Northwest quarter of said Section !!, being the True Point of Beginning; thence North 00o38'55" East 2!~.89 feet; thence South 89032'45" East 198 feet; thence South 00o38'55" West 216.89 feet; thence North 89032'45" West 198.00 feet to the True Point of Beginning; EXCEPT therefrom the West 7 feet and South 30 feet for road purposes; EXCEPT that portion, if any, lying within the East 469 feet of said Southeast quarter of the Northeast cruaruer of the Northwest quarter; EXCEPT roads; AND EXCEPT the West 23 feet conveyed to the City of Bremerton by deed recorded under Audi%or's File No. 934603; Situate in the City of Bremerton, Kitsap Coun5y, Washing5cn. 3 I 020-<Z t STEEET i I ~ 005-00 CHEL SE~ ~ 0 o ~ ~ LANE ~ 2: ~ ] oo:-o: ooz-oo/ 059 o ~ -_ - 040 058 057 054 ~o 056 ~ ~ 055 ~ This sketch is provided, without charge, for your information. It is not intended to show all matters related to the property including, but not limited to, area, dimensions, easements, encroachments, or location of boundaries. It is not a part of, nor does it modify, the commitment or policy to which it is attached. The Company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. Form 3375-2 NO TAXES ONING. (ATT641-999) ATS/T6410 REAL PROPERTY TAX INQUIRY 12/14/98 Process No. or Account No.: 112401-2-037-2007 Interest Date: 1298 (MoYr) Om Tx Tax Receipt Yr Yr Due Interest Penalty Total Date Number 98 i,i 10f98-129982 Levy Code: 0060 i Rate: 15. 072208 - . Chg #:97069359R~, ~ ! - Exempt'n on file { __-__ NONE i - <=~ount Due Land Use: (11101) I SINGLE FAMILY RES 97004091 < N/A Chg#/Excise# Land Value.. $ 36000. VERGEER GERARD JR & SHIRLEY Bldg Value.. $ 32730. 2670 TRACYTON BCH RD NN MH Value .... $ 8REMERTON ~A 98310 Exempt Value $ Total AV .... $ 68730. SFR .70 Acres of Land 1035.94 General Tax Exempt Tax 1035.94 Total Tax 35 ~ Tax Voted ATS/C2330 L~GAL DESCRIPTION FOR 112401-2-037-2007 12/14/98 SECT[ON 11 TOWNSHIP 24 RANGE 1E BEG AT SN COR OF SE1/4 NEf/4 NI~1/4 BEZNG TPOB N 0'38'55" E 216.89FT S 89*32'45" E lgSFT S 0'38'55" W 216.89FT N 89'32°45" N lgSFT TO BEG EX N 7 & S 3OFT FOR RD Prepared for: CONSERVE LAND SURVEYING PO BOX 1611 PORT ORCHARD, WA 98366 CC: GEPO%LD VERGEER/BREMERTON TP~ANSNATION TITLE INSUP_~CE COMPANY_ 9619 Levin Road~Northwesu Siiverda!e, Washington 98383 For service cn this order cai!: SUZIE BAzNE, Title Officer or DICK SODERSTROM, Title Cf ricer J~T O~LLET, Title Assis%an% (360) 692-4556 (Fax ~98-75093 RE: Seller : VERGEER Buyer/Borrower: Order No.: !8325! Customer Reft SUPPLEMENTAL NO. 1 TO THE SECOND PLAT CERTIFICATE ATTENTION: This Supplennentat contains changes which ~pact title to property set forth in the above-referenced commitment. EFFECTIVE DATE: February 12, 1999, at 8:00 A.M. S C H E D U L E "B" .Oa-~ag-~aph =" of the .o]a~_ Certificate is updated as !ca,cws: General taxes, as follows, together with interest, penalty and s (ist half delinquent on Ma~/ !; 2nd half de!incaen5 cn ~c~_..'~__ Tax Account No. Year Amount Billed Amoun: Paid Principal :=~=-~ 112401-2-037-2007 Levy Code: 0060 1999 S!,024.89 $0 00 $! 02* ~9 THE.qE ~S BEEN NO C~L~NGE iN ~"~ _ ........ ~ TITLE TO THE ~ROm=R~.~v COVERED ORDER SINCE DECEMBER 9, 1998, E X C E P T ~ M~TTERS NCTED HEREINABOVE. - END- 2 0 BREMERTON AT~/T~410 R~L PROPERTY T~( INI~UIRY 02124[gg Process No. or Account No.: 112401-2-037-2007 Interest Date: 2gg (MoYr) 'Om Tx Tax Receipt Yr Yr Due Interest Penalty Total Date Number 99 i 1024.89 I 1024,89 1024.89 1024.89 <=Amount Due Levy Code:O060 Rate:14.911801 Chg #:97069359RV Ex~mpt'n on file NONE Land Use: (11101) I SINGLE FAMILY RES SFR 97004091 < N/A Chg#/Excise# Land Value.. $ 36000. .70 Acres of Land VERGEER GERARD JR & SHIRLEY Bldg Value.. $ 32730. 2670 TRACYTON BCH RD N~ M~ Value .... $ $ 1024.~9 Generai Tax BRE~RTON ~ 98310 Exempt Vaiue$ $ Exempt Tax Totai AV .... $ ~8730. $ 1024.89 Tota~ Tax TRANSNATION TITLE INSURANCE COMPANY 9~!9 Levin Road , ~-~ ~ Si!verda!e ~- ~4 ..... _ , ~as ..... = .... 9B38~ CONSERVE LA/TD SLrRVEYING PO BOX 1611 PORT ORCblARD, WA 98366 CC: GERALD VERGEER/BREMERTON For s e-'-,;i c e DiCK SODERSTRCM, Ti2ie .RE: Se!l~_ : Buyer/Borrower: VERGEER Order No. : 1832E1 Cusnomer Ref: SUPPLEMENTAL NO. 2 TO THE SECOND PLAT CERTIFICATE ATTENTION: This Suppl~menta! contains changes which impact title to property set forth in the above-referenced conuni~en~. EFFEL__'~z ~,a~-- 2~ ! 7, 1999, au 2 :,$'~ ~ ........ :~. -..- =-:.~"._~--~'~:, THE TITLE TS THE PP.Z, PERTT COVERED 7v THiS - END - cf the Northwest quaruer, Section ii, Township_ 24 No ! Eas5, W.M., in uhe Ciuy of Bremerton, Kizsap Counuy, ~=s ..... ? ..... described as follows: Commencing at the Sounhwe=- corner ~f 5hence Noruh 00°}~'~5" Eas~ 2!6."9 fee5; 5hence =ouuh ~c°5~'aU" ~ 5hence Souuh 00°38 55" Wes= 215 S9 ~hence North 89032'45" Wesu, 198.00 feet 50 the Poin5 c= Beginning; EXCEPT any. ~ornion_ !vino East of 5he following cesc__o~' ~' =~ ..... ~=: Commencing an 5he Scuuhwest corner o= 5he Southeas5 quar5er cf -~ ~-~=== cuarner cz ~ No~~.~.v~s~ cuar~er cf said Se~-~,~ ~hen.ce Scuuk 89~22'45'' Eas~, '~S 37 fee5 = = u ~_ ;'/ecu, 2~ C7 ~hence c .... u ~- =~,.~=,, Eas5 77 49 fee .... EXEEPT %k_refrcm= ~ ~'~=~ .... Wes- 7 0C --==- and EKCEPT ~cads; EXCEPT 5ke Wes5 22.00 r-_u== .convey=~ -~ 5_._~= C~z,," cz- Sremer~cnc.,' '- ~==~ ~=~-~=~ under Au~i~c~_ "-~=~ ~'":~ .... = File Situaza in zhe Cilv cf 5remerton, Ki~san County, Washington. R ETbT~N ADDRESS:_.r_. 316&517 QUIT CLALM DEED Per boundary line adjustment record~ under AFN Records of Kit~p County .$) R~L PROPERT"r', TO BE T'RA~NSFERRED - 'v'ergeer (?*rcet "A") 'FO Senyohl (?.reel "B") That i:>ortion of the .s.outhe. a.st qum'xer of the northe, a~ qua~"ter of the norlhwe~ quarter of ~ion eleven, To--ship tw~ty-four North, ~ge one ~sk Willam~e m~dian in ~e Ci~ of Bremeaon, Kit~p County, Sale ofW~hingtoa d~b~ as Follows: Commencing at a ~int that is 369.00 fe~ W~t of the ~uth~ ~mer oF~id ~uth~t qumer of the nonhe~t queer o~the no.west qu~; then~ Noah 89032'45" W~ along the ~mh line or.id subdivision 1~.~ fern to the PO~W OF BEG~G; three continuing W~ along the south line or.id ~Mivision 3.21 feet to a ~int t~t is 189,~ f~ ~om the ~uthwe~ corner of said subdivision; th~; thence Noah 0l'] 8'08" W~t, 77.49 f~t; then~ Noah 00°06'02" West, ~0.13 f~; three No~ 01034' 52" E~t 43.33 F~; then~ No~ 01031'5~'' E~, 26.07 fec~; thence Noah 03037'06" West, 19.91 f~; ~cnce So~h g~2'45 ~, 5.12 ge~; th~ce Somh 00~3g'55'' West 4.84 feel; :hen~ South 00~3g'55'' West. 212.05 f~ to the PO~W OF BEGENNiNG EXCE~ ~ereffom the sou~h 30.~ f~: For Sh~idan road. STATE OF WASHII',X2TON CERTIFY T~T ON--IS ~ OAYOF ~&~. . ~ 1~~_ B~=ORE ME PERtlY ~P~ED TO ME K~ TO BE ~E INDI~DU~8 ~T ~C~TED ~E WITHIN ~O FOREGOI~ INS~UME~. ~O ACKN~E~EO ~O INSTRUMENT TO ~E ~EIR ~ FREE ~O VOLUNT~Y ACT ~O OEED FOR THE USES ~O PUR~SES ~EREIN M~TIONED. ;N WITNESS ~EREOF, I ~ HEREUNTO 8~ MY ~O ~O OFF1CI~ S~ ~E DAY ~O Y~ FIRST STATE O BY CERTIFY THaT ON THIS__ DAY OF ~__ ~=ORE ~E PERtlY ~P~EO '"O ME KJ'~7~N TO BE ,'THE INCIV1CUA~S THAT -~ECL,rT'ED THE W~MtN ~O FORE~f~ INST~UME~. ~O AC~N~E~ED ~O INS~UME~ TO BE ~EIR ~ FREE ~O '/OLUNT~Y ACT ~ ~EED FOR :N WITNESS 'W1-4EREOF, I t-,~AVE HEREUNTO SET M'Y MA/q[3 ANQ QFFIC~AL SE.AL TME DaY AND YEaR FIRST ABOVE NOTARY PUBLIC IN .A~O FCR ~'R'~, E STATE OF WA.SHINGTC,N RESIOING AT 3166517 STATE OF WA~HI~TON ~ ~d ¢8// ~I. ~o¢¢( /~NOT~Y ~8LICIN~O¢ORTHESTA~OFW~HINGTON.~HEREBY CERTIFY T~T ~ ~ ~F~ , I~E BEF~EMEPER~LY~ED ON THIS ~ OE~D VERGEER _~HIR~Y VERGEE~ TO ME K~ TO BE THE INOIVICU~S ~T ~C'JTE0 THE '~IN ~O FORE~I~ INS~UMENT. ~0 ACKN~E~ED ~0 INSTRUME~ TO BE ~EiR ~ FREE ~0 V~U~Y ACT ~D DEED FOR THE USES ~O PUR~SES ~EREiN MENTIONED. ~N WITNESS ~EREO¢, I ~VE HEREU~O SET MY ~0 ~00FFICA ~~ ~0 Y~ FIRST t ~ .. ..... .i~ -~T~RY PUBLIC IN ~O FOR ~E STATE OF W~HI~TCN RESlDI~ AT CN ~lS , . NOT~Y PUBLIC IN A~NO FOR TdE STATE OF WA-~HINGTON. C~ HEAE~Y CERTI~--Y %0 ~E KNO-"CCN TO BE THE INDIVIDUALS Tr-[AT F~,ECL,'";~=D T~'*E W~IN ~D FOR~i~ INSTRUMENT, ~NO AC~N~E~ED ~O ~NSTRUMENT TO BE ~E~R ~ FREE ~O V~U~Y ACT ~O OE~D FOR THE USES ~0 PUR~SES THEREIN MENTICN~. IN 'vV~TNESS VCHEREOF, I ,HAVE HEREUNTO SET MY '.HAND AND QF~C:~L. SEAL THE DAY A/q0 YF_A~, FIRST A~OVE WRIT'T, EN. NOTAJ:~Y PUBLIC JN A,NO FOR THE STAT'~_ OF RESIDING AT 3156517 HAND'S CORNER A portion of the Southeast q~.arter of the Northeast Of the Northwest quarte;' of Section Eleven. To-~nship Twenty-Four North, Range One East, 5Villarnette Meridian. Quarter SHERIDAN ROAD %~,ct 2crtlcn ',Vcs~ngt=n. 2cmmenc~ng E:st. tgS..CC ,~es% 'gE. CC E:<'EP-~ EXHIBIT "B" Draft Minutes for Approval Planning Commission Meeting June 15, 1999 1. Roll Call Those present were: Chairman Dingfield, Commissioner Adams, Commissioner Boyd, Commissiouer Griggs, Commissioner Stone, and Commissioner Wolfe. Quorum certified. II. Call to Order The meeting was called to order by Chairman Dingfield at 5:30 p.m. III. Approval of Agenda Motion by Commissioner Stone to approve the ageuda as presented. Seconded by Commissioner Boyd. Agenda approved. IV. Public Meeting A. Call to the Public (public comments on any item not on tonight's agenda): None B, Hearing: None C. Meeting: Request for final plat approval to subdivide .70 acres into five single- family residential lots (intersection of Rickey Road and Sheridan Road) (PL99-0017). Preliminary plat approval under permit LP97- 0003 and SEPA Mitigated Determination of Non-Significance processed under SEP97-0027. Chairman Dingfield intbrmed those in attendance that this was a public meeting and that the City Council would be holding the public hearing for this final plat approval. The Planning Commission is gathering information by reviewing what the Planning Department has prepared, obtaining information f¥om the applicant, hearing information from the public, then discussing among the Commissioners and making a recommendation as a part of the planning agency to the City Council for their use during the public hearing process. She then asked Mr. Holan to present the stall' report. l'lannmg Commissi,m Mcclmg Jtlnc ] 5. 1999- Page I o1'6 Mr. ,Ion Holan stated this application is a division of.70 of an acre into five lots at 412 Sheridan Road (NE. corner of Sheridan Road and Rickey Road). The preliminary plat was approved on February. 25, 1998 subject to conditions. This application is fbr the final plat which is called Hand's Corner. This is the normal second step in the division of land to ensure that all improvements are made appropriately with the City requirements and to ensure that the final plat meets all the requirements of the RCW 58.17. Based on a review of this project, it is tbund that there are adequate services to serve the site, the plat conforms to the relevant requirements of RCW 58.17, the necessary agency approvals have been obtained, and that conditions of approval from the preliminary, plat have been met. The Planning staff recommends approval of the final plat. Call to the Public No one in attendance came forward. Closed to the Public Commissioner Stoue asked what is the size of Lot 5, and does it conform to Section 16 of the code. Mr. Holau stated that those issues were examined at the preliminary plat. The purpose o{'the preliminary plat is to ensure conformance to all requirements. The final plat is basically the engineering design to implement the preliminary plat. There must be substantial similarity between the preliminary and the final plat. The actual platting should have been done consistent with that, and any issues with regards to flag lots, etc., should have been addressed as part ot'the prelimina~ plat application. If there is a concern regarding the size of that particular lot, those figures can be verified with Public Works Engineering Department betbre this application is brought to the City Council. Commissioner Boyd commented that based on the drawing of the lots, it appears that the buildings will be very' close together on Lots I and 5. Mr. Holan stated that staff.has had an opportunity to check this with the preliminary plat, and it substantially conforms to what was approved in the preliminary plat. Commissioner Stone made a motion that the Planning Commissiou finds that the fiual plat meets the requirements of the City of Bremerton aod recommends the plat be approved with the couditious of the preliminary plat (as noted on page 3 of the staff report). The motiou was seconded by Commissioner Boyd. Chairman Dingfield asked for a vote from the Commissioners for the request for final plat approval on application PL99-0017 located at 412 Sheridan Road. Commissioner Adams, yes; Colnmissioner Boyd, yes; Commissioner Griggs; Commissioner Stone, yes.: Commissioner Wolfe, yes; Chairmau Dingfield, yes. Motiou passes. Plamnng Commission Meeting June 15, 1999 - I'agc 2 of 6 RESOLUTION NO. ~./-/~ A RESOLUTION ACCEPTING THE PRELIMINARY PLAT OF "HAND'S CORNER," LOCATED ADJACENT TO AND NORTHEAST OF SHERIDAN ROAD AND RICKEY ROAD, BREMERTON, KITSAP COLFNTY, WASHINGTON. WI:I~.REAS, pursuant to RCW 58.17 Jerry Vergeer, proponent for the proposed subdivision, comprising .70 acres and located adjacent to and northeast of Sheridan Road and Rickey Road within the City of' Bremerton, has made application for approval of a preliminary plat containing five lots; and and WHEREAS, the Planning Commission has reviewed this matter on January 20, 1998; WHEREAS, the Planning Commission recommended to the Council that the Hand's Comer Subdivision Preliminary Plat be accepted subject to certain conditions; and WHEREAS, an environmemal checklist has been prepared and considered by the responsible official and a determination of envkonmental nonsignificance issued; and WHEREAS, the Bremerton City Council held public hearing on February 25, 1998, concerning the preliminary plat, and adopted the Findings, Conclusions and Recommendation - Exhibit "A"; now, therefore BE IT RESOLVED BY TIlE BREMERTON CITY COUNCIL That the "Hand's Comer" Subdivision Preliminary Plat presented for approval and filing is hereby accepted and approved subject to the conditions listed in Exhibit "B" (Conditions of Hand's Comer Preliminary Plat). Property in the City limits of Bremerton included in this Preliminary Plat is described as follows: THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 11, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNEK OF THE SOLrrHEAST QUARTEK OF TI-IE NORTHEAST QUARTEK OF SAID SECTION 11, BEING THE TRUE POINT OF BEGINNING, THENCE N00°38'55"E 216.89 FEET, THENCE S89°32'45"E 198 FEET, THENCE S00°38'55"W 216.89 FEET, THENCE N89°32'45"W 198.00 FEET TO THE TRUE POINT ON BEGINNING, EXCEPT THEKE FROM THE WEST 7 FEET AND SOUTH 30 FEET FOR ROAD PURPOSES, EXCEPT THAT PORTION, 1~ ANY, LYING WI'I2qIN THE EAST 469 FEET OF SAID SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTEK, EXCEPT ROADS, AND EXCEPT THE WEST 23 FEET CONVEYED TO THE CITY OF BREMFRTON BY DEED RECORDED UNDER AUDITOR'S FILE No: 934603, SITUATE IN THE CITY OF BREMF-RTON, KITSAP COUNTY, WASHINGTON PASSED by the City Council of the City of Bremerton this ~ day of~ , 1998. DAVID FARR, President Bremerton City Council APPROVED this day of ~,~X._~...~-~ , 1998. ATTEST: ~:('A~ JO~'/'ON, Deputy City Clerk / LYNN S. RORTON, Mayor City of Bremerton THIS construction of Plat of Hand ' 24 N, Ranqe 1 East The undersigned, Gerard S. assign to the City of Bremerton all fight, title $*'24,500 .,* deposited in account number Kitsap Bank ii1 the nalIl¢ of of the assi~m'tor's S Corner NW 1/4 Section 11, Township ASSIGNB'IENT OF FUNDS lin LIEU OF BOND ASSIGNMENT is for ensuring completion and guarantee ,1998 for the Assignor, EXECUTED, th/s the 1 4 day of October ,[, i,' Z.:.: / ASSIGNM~ OF ~DS -1- is hereby authorized to draw upon the funds in case of the occurrence of any of the following events: 1. Failure of the assignor to complete the project in accordance with accepted engineering practice; 2. Failure to comply with the project plans approved by the City Engineer and the Director of Community Development; 3. Any failure of the assignor to comply with requirements imposed by law or by any governmental agency with jurisdiction; 4. Failure to complete project and obtain final approval from the Cie' before January 20, 2001 ~ The City is authorized, in case of the occurrence of one of the described events, to draw upon the account to complete the project, correct any defects discovered, pay required costs and fees, or do any other thing required to bring the project to timely and proper completion. The City may, in addition, withdraw funds deposited until an affirmative, written release of the deposit is received from the City. If the City draws down part but not all of the funds held by the Bank, pursuant to th/s assignment, any residual fimds shall be released to the assignor upon written release by the City., but subject to any lien filed by the City for monies owing the City for any reason. Gerard $. Vergeer, Jr..TheCiW Verqeer Jr. , does hereby and interest in funds in the amount of 0250060428 , at the ACCEPTANCE The undersigned warrants that he/she is authorized to execute this assignment of funds for the Bank; that the account named has the required funds in it; that the Bank accepts this assignment and ail the terms contained in it; and the funds will be held until either drawn down by the City in accordance with this assignment, or a release, in writing, is received from the City.. ACCEPTED, this the 1 4 day of October Kitsap P.O. Box 2047, Bremerton, WA Add.ss ., 1998 forthe 98310 Name Title ~D-~ ?~'~-s( ,' ,:L~'-' 7c'//54~r of APPROVED, for the CITY' OF BREMEP, TON, this the .,19 ' day LYNN HORTON, Mayor Received for Filing: KATHLEEN L. McCLUSKEY City Clerk Approved As To Form: GLENNA L. MALANCA Assistant City Attorney LIDkASSIGNFN(96820) ASSIGNMENT OF FUNDS -2-