HomeMy WebLinkAbout10/26/05 AGENDA
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CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 03 (360) 473-5280
*** AM END E D***
OCTOBER 26, 2005
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
B. Executive Session to discuss a "Real Estate Acquisition" per R.C.W. 42.30.110(1)(b)
C. Contract with SYNERGY CONSTRUCTION, INC. for General Manager/General Contractor for
Bremerton Harboside Park, Naval Museum/Bldg. 50 Renovation and Memorial Plaza -
Presented by Gary Sexton, Director of Economic Development Department [There will be
no action taken tonight on this item]
2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. PUBLIC SERVICE ANNOUNCEMENTS
4. CONSENT AGENDA
A. Claims & Check Register (#AB05-243)
5. GENERAL BUSINESS
A. Sale of Fire Station 1 to LEX DIAMOND COMPANY (#AB05-244)
6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL STUDY SESSION
Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL
CONFERENCE ROOM 603 to hear presentations on the following items. Please note that no action
will be taken, and the content of these items is subject to change...
1. Bid ,A.ward for Anderson Creek Onsite Chlorine Generation Project Michael Mecham, City
Engineer Item pulled...
2. Bid Award to ADVANCED DOOR SERVICES, INC. for Fire Station Apparatus Bay Door Replacements
- Wayne Hamilton, Utilities Operations Manager
3. Professional Services Agreement with HDR ENGINEERING for Water System Plan and Regulatory
Technical Evaluation - Kathleen Cahall, Water Resources Manager
CONTINUED ON BACK...
. Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
{.'t.' ".
4. Budget Adjustment for FY2005 Regarding Position Reclassification in Public Works and Utilities -
Paul Lucas, Public Works and Utilities Administrative Manager
5. Professional Services Agreement with the BREMERTON SCHOOL DISTRICT for School Resource
Officer position - Lieutenant Jim Burchett, Police Department
6. Professional Services Agreement with KCRlAMERICORPS for Community Service Work Program -
Jonna Koehn, Municipal Court Manager
7. Professional Services Agreement with ROVANG AND ASSOCIATES for Public Defender Services-
Jonna Koehn, Municipal Court Manager
8. Proposed Ordinance No. 4952 amending BMC Chapters 7.04,7.15, and 13.04 regarding animals
at large - Ken Mickelson, Parks and Recreation Director
CITY COUNCIL 345 6th Street, Bremerton, WA 983370 Phone (360) 473-5280 0 Fax (360) 473-5080
NOTICE NOT ISSUED
You are hereby notified that the BREMERTON CITY COUNCIL will hold a 10-minute
EXECUTIVE SESSION on WEDNESDAY. OCTOBER 26.2005 from 5:05 to 5:15 P.M.
during the Pre-Council Session in Council Conference Room 603 to discuss a "REAL
ESTATE ACQUISITION" per R.C.W. 42.30.110(1)(b).
(These will be closed meetings)
Signed this 26th day of October 2005
l)~ ~;v- -
DAREN NYGREN, COU II..! PRESIDENT
- - -- ----- -------
DATE SUBMITTED: BILL # () ~ de;;;
-
AGENDA BILL
CITY OF BREMERTON LIP.
CITY COUNCIL ........................................................................................
SUBJECT: Committee Meeting Date:
Claim & Checks Register Approval COUNCIL MEETING Date: /()-2G?--05
Department: Financial Services
Presenter: Cathy Johnson
Phone:
SUMMARY:
ATTACHMENTS:
FISCAL IMP ACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA [gJ
OPERATIONS:
COUNCIL PRESIDENT: ~ i~ ^- _
y
RECOMMENDED MOTION: Move to approve:
1) Check#'s 3033:r7- 304~ gv.2..,
EFT's Yte~ - f&,~ $ 0dtf;?, 3/5: &3
2) Regular Payroll for /~-/S--oS- $ ~9~99::<. hF
3) Retiree Payroll for $
COUNCIL ACTION, J1a~:rove o Deny o Table o Continue o No Action
DATE SUBMITTED: October 26,2005 BILL # C)~ -,2 V fL.
AGENDA BILL
CITYOFBREMERTON I-r-e1A-\. .s- A
CITY COUNCIL
..............................................................-..........................
SUBJECT: Sale of Fire Station 1 Committee Meeting Date:
COUNCIL MEETING Date: / t:J--2~ ~() ,S-
Department: City Council
Presenter: Daren Nygren
Phone: 473-5280
SUMMARY: The City received two proposals to purchase Fire Station 1. The City accepted the
proposal from the Port ofBremerton, however the Port of Bremerton has withdrawn its proposal. The
other proposal was from Lex Diamond Company for locating a restaurant.
ATTACHMENTS: 1) Proposed Real Estate Purchase and Sale Agreement; 2) ~mail from Port ofo/, /J
Bremerton; and 3) email from Elie Benaron if) ~ ~ ~ 5~~_i4<<U.i(UU -U ~N \V
FISCAL IMP ACTS (Include Budgeted Amount):
APPROVALS:
DEPARlMENT DIRECTOR: ~ _
CITY ATTORNEY:. - + -~
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET: CONSENT AGENDA D
OPERATIONS:
COUNCIL PRESIDENT: y ~ ~/\- ~
RECOMMENDED MOTION: Move to approve the sale of Fire Station 1 to Elie Benaron aka Lex
Diamond Company in the amount of~~:eO=and authorize the Mayor to finalize and ex.ecute all
documents necessary in order to clOS/ . ~action. '~ A '"
/wt^~ ffi-~ ~ ~- ~
COUNCIL ACTION: 0 Approve 0 Deny D Table 0 Continue 0 No Action
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
(Fire Station No, 1)
This contract controls the terms of the sale of real property.
(Please read carefully before sienine.)
This Agreement is entered between the CITY OF BREMERTON, a Washington municipal
corporation, whose mailing address is 345 6th Street, Bremerton, Washington 98337, ("Seller"), and
ELIE BENARON, whose mailing address is ,
California, 9 _("Buyer"), for the sale and purchase of real property as follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known as Fire Station No.
1 and is located at 817 Pacific Avenue, Bremerton, Washington (the "Property"), and which Property
is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map
indicating the location of the Property is also attached as Exhibit B, incorporated herein by this
reference.
2, EARNEST MONEY. Received from Buyer, Ten Thousand and NollOO Dollars
($10,000.00) as earnest money and part payment on the purchase price for the Property.
3, PURCHASE PRICE. The total purchase price for the Property is Three Hundred
Fifty Thousand and Noll 00 Dollars ($350,000.00), including earnest money, payable on closing.
4, CONTINGENCIES, This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
(e) Prior to vacating the property and prior to closing, Seller removing all
personal property and further removing all equipment and other items as
identified in Exhibit C. Upon vacation of the property by Seller and Seller's
removal ofthe personal property, equipment and fixtures as provided herein,
all remaining improvements located on the property shall be the
responsibility of the Buyer and Buyer shall be responsible for the costs and
expenses of demolition and/or removal of the improvements, as applicable.
Should any of these contingencies not be met prior to closing, then this Agreement
shall terminate except neither Buyer nor Seller shall have any further rights, duties or obligations
hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 1 of5
5, CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
6, TITLE INSURANCE, At Closing, Seller shall cause Pacific Northwest Title
Company, 9927 MickelberryRoad N.W., P.O Box 3607, Silverdale, Washington 98383, telephone
number (360) 692-4141, to issue a standard form owner's policy of title insurance to Buyer in an
amount equal to the total purchase price of the Real Property, and insuring the Real Property be
discharged by Seller shall be paid from Seller's funds at Closing. If an extended coverage owner's
policy is requested by Buyer, then Buyer shall pay the increased costs associated with that policy
including the excess premium over that charged for a standard coverage policy, and the cost of any
survey required by the title insurer. For purposes of this Agreement, the following shall not be
deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use
restrictions consistent with current zoning, and utility and road easements of record. Iftitle cannot
be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such
defects or encumbrances, this agreement shall terminate.
7. CLOSING COSTS AND PRO-RATIONS, The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited by Federal
Regulation. Seller shall pay for excise tax and revenue stamps as applicable. Taxes for the current
year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility
charges, if any, shall be pro-rated as of date of closing unless otherwise agreed.
8, CLOSING OF THE SALE. With the understanding that time is of the essencefor
this agreement, this sale shall be closed by December 22, 2005 which shall also be the termination
date of this agreement unless said closing date is extended in writing by mutual agreement of the
parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Pacific
Northwest Title Company all instruments and monies required to complete the transaction in
accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date
that all documents are executed and the sale proceeds are available for disbursement to the Seller.
9, CASUALTY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
10, POSSESSION. Buyer shall be entitled to possession on closing.
11, SELLER'S REPRESENTATIONS. Seller represents that:
(a) Seller will maintain the property in present or better condition until time of
agreed possession,
(b) Seller has no knowledge or notice from any governmental agency of any
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 2 of5
-----
violation oflaws relating to the subject property, and
(c) the property is not encumbered by any leases.
12, SELLER'S ENVIRONMENTAL REPRESENTATIONS, Sellerrepresents that
to the best of his/her knowledge that he/she is not aware of existence of, or has caused or allowed to
be caused, any environment condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to the closing date or any act of omission occurring
prior to the closing date, the result of which may require remedial action pursuant to any federal,
state or local law or may be the basis for the assertion of any third party claims, including claims of
governmental entities except:
a) Asbestos on the heating pipes within the building, and
b) Potential oil tank located in the sub basement "training room" as identified by an oil
tank cap embedded in the concrete floor.
13, HOLD HARMLESS. As partial consideration for the purchase of the Property,
Buyer purchases the property and improvements "as is" and agrees to hold harmless the Seller from
any and all damages, claims, losses, liabilities, judgments, demands, fees, obligations, assessments,
and expenses and costs, which may be imposed upon or incurred by Buyer, or asserted against Buyer
by any other party or parties (including, without limitation, a governmental entity), arising out of or
in connection with any environmental condition existing as of and/or prior to the closing date
whether known or unknown. This provision shall survive closing.
14. ARCHITECTUAL THEME OF STRUCTURE. As partial consideration for the
purchase of the Property, Buyer agrees to maintain the current art deco design theme of the structure
as long as the structure exists on the property during Buyer's ownership of the Property. This
provision shall survive closing.
15, DEFAULT AND ATTORNEY'S FEES,
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be
limited to damages against Buyer in the liquidated amount of the earnest money previously
paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so
as to avoid other costs and expenses to either party in connection with potential litigation on
account of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of
actual damages.
(b) Seller's Default, If Seller defaults hereunder, Buyer shall have all the rights
and remedies available at law or in equity.
(c) Attorney's Fees and Costs, In the event of litigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's fees.
16. NOTICE TO BUYER. This form contains provisions for an agreement for the
purchase and sale of real estate. The Seller makes no warranty or representation of any kind that
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 3 of5
this form, or any of its provisions, is intended to meet the factual and legal requirements of a
particular transaction, or that it accurately reflects that laws ofthe State of Washington at the time
you enter the agreement. This agreement has significant legal and financial consequences and you
are advised to seek independent legal and financial counsel regarding these consequences. If you do
not understand the effect of any part, consult your Attorney before signing.
17. NON-MERGER, The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
18. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Seller shall be addressed as follows:
Mayor
City ofBremerton
345 6th Street, Suite 600
Bremerton, Washington 98337-1873
(b) All notices to be given to Buyer shall be addressed as follows:
Elie Benaron
, California, 9_
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as being necessary. All notices shall be deemed given on the day such
notice is personally served, or on the date ofthe facsimile transmission, or on the third day following
the day such notice is mailed in accordance with this paragraph.
19. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal or other
agreements that modify this agreement.
20, BINDING EFFECT AND SURVIV AL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 4 of5
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
22. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on
, to accept the purchase and sale agreement as written, by delivering a
signed copy thereof to the Seller or the Seller's agent. If Buyer does not so deliver a signed copy
within said period, this agreement shall lapse and all right ofthe parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
SELLER: BUYER:
THE CITY OF BREMERTON ELIE BENARON
By:
Cary Bozeman, Mayor
Dated: Dated:
APPROVED AS TO FORM:
By:
Roger A. Lubovich, City Attorney
R:\LEGAL\Files\Current Active Files\Fire Station 1 Sale\REPSA-Fire Station-Benaron.l.doc
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 5 of5
From: "Ken Attebery" <KenA@portofbremerton.org>
To: <roger.lubovich@ci.bremerton.wa.us>
Date: 10/25/2005 4:20:06 PM
Subject: Port of Bremerton conclusion on Fire Station purchase
Upon receiving Port Attorney Walgren's opinion regarding the legalities
and constitutionality of the Port's proposed purchase of the Pacific
Avenue fire station, particularly under the various statements of intent
advanced by the Port during the real estate proposal and bid process the
Port will not be pursuing the purchase of the property at this time.
CC: "Gordon Walgren" <walgconsult@telebyte.com>
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rRo'ger'Lubovicfi-FireStafion; From Elie'Senaron ...""
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From: <Abbashe@aol.com>
To: <gary .sexton@ci.bremerton.wa.us>
Date: 10/25/2005 7:50:40 PM
Subject: Fire Station; From Elie Benaron
Gary Sexton, Economic Development, Bremerton, WA,
Following our phone conversation, on October 25, 2005, J am happy to
proceed with the purchase of the Fire Station. . I would like to purchase the
Fire Station at the same price the port has agreed to pay. I will be happy to
purchase the Fire Station in cash.
Thank you very much,
Elie Benaron
Los Angeles
(213)627-0001
P.O. Box 1406
Bremerton, WA 98337
(360) 377-7678
October 25, 2005
Honorable Daren Nygren, President
Bremerton City Council Members
345 6th Street; Suite 601
Bremerton, W A 98337
Dear President Nygren & City Council Members:
The Board of Directors of the Fire Service Museum of the Northwest (FSMNW) has asked me to inform you that
they have just been advised that the Port of Bremerton (POB) is unable to purchase Bremerton Fire Station #1
(Station) on Pacific A venue, with the intended purpose of reselling the facility to our organization at some point in
the future. This action would violate an RCW code. A long term lease is acceptable unciill'RCW, but thlo intentional
purchase for resale to a know party is prohibited.
Neither the POB nor the FSMNW are interested in a long term lease. The FSMNW believ-es that the ability to raise
funds for the purchase and operation of the facility have a greater chance of success than the constant solicitation of
solely operating funds. The POB was acting on this purchase to assist the museum efforts, but they wanted to be
able to redirect that investment within a reasonable time period.
The FSMNW has several other credible resources to explore, and ask at this time that the FSMNW be given 30 days
to solidifY those options and to present a fmal solution to the City Council for their acceptcmce. We believe that the
vote to sell to the POB was as much directed towards the success ofthe FSMNW, as it was to the POB. We will
agree to not pursue the option to purchase if we have not consummated a defmitive plan by November 26,2005,
with the intent to close the purchase in our name or a benefactor's name.
We truly appreciate the patience ofthe City Council, City Leaders and the POB. We firmly believe that we are
pursuing a path that will bring a very fine asset to this community and a museum that will pay tribute to the flre
service family of our Northwest region.
Please call me at #473-5477 (days) or #479-8033 (evening), to let me know if this propoSt~d tine table is acceptable.
Respectfully, d~
e~
Carole Heavener, Board President
FIRE SERVICE MUSEUM of the NORTIDVEST