HomeMy WebLinkAbout2886RESOLUTION NO. ,~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving a plan for the development
and financing of the Bremerton Government Center by the Kitsap
County Consolidated Housing Authority; approving the acquisition
by the City of condominium units within the Bremerton
Government Center from the Housing Authority; approving the
form of various agreements to document these approvals and
agreements; authorizing the Mayor to finalize and execute such
agreements and such other documents as required for these
transactions.
WHEREAS, City of Bremerton (the "City") has previously approved three Pre-
Construction Agreements with the Kitsap County Consolidated Housing Authority (the
"Authority") for the preliminary development of the Bremerton Government Center (the
"Project"); and
WHEREAS, the Project is a multi-purpose community center, as defined in RCW
35.59.010, in which the Authority, the Kitsap County, Washington (the County"), the City, the
Kitsap County Health District and Congressman Norm Dicks, among others, are expected to
have offices, and will provide public health facilities, a public auditorium, public parking and
other facilities in support of these public and community functions; and
WHEREAS, the City, the Authority and the County have negotiated an Interlocal
Agreement dated as of March 1, 2003 (the "Interlocal Agreement") setting forth the general
terms and conditions under which they will participate in the development, ownership, fmancing
and use of the Project; and
WHEREAS, the City, the Authority and the County have negotiated a
Construction and Development Agreement dated as of March 1, 2003 (the "Development
Agreement") setting forth the terms and conditions under which construction of the Project will
be managed; and
WHEREAS, the Authority and the City have negotiated a Real Estate Contract
and Security Agreement dated as of March 1,_2003 (the "Real Estate Contract") setting forth the
terms and conditions under which the City will finance the acquisition of condominium units
within the Project; and
WHEREAS, the Authority, the City, the County and Washington Mutual Bank, as
owners of the proposed condominium units in the Project, intend to enter into a Condominium
Declaration (the "Condominium Declaration") setting forth the rules and regulations applicable
to the condominium units, including the use of and access to the common areas and public
meeting rooms and parking facilities; and
Government Center
WHEREAS, the Authority intends to issue bonds in an mount not to exceed
$18,000,000 (the "Bonds") to finance that portion of the Project that will be owned by the
Authority and those portions that will be sold to the City and the County and has requested that
the County provide credit enhancement to the Bonds pursuant to the authority of the County
under RCW 35.59.040 to participate in the financing of multi-purpose community centers; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings. The City Council finds that the proposed Bremerton
Government Center is a multi-purpose community center as def'med in RCW 35.59.010 which
will provide the citizens of Kitsap County access to a range of public and community services.
The co-location of such services in Bremerton will be convenient and cost effective to the
citizens of the City of Bremerton and Kitsap County and the public entities, including the City
and the County, that will provide such services and in addition will benefit the public by helping
to revitalize the downtown core of Bremerton. The City's acquisition of condominium units in
the Bremerton Government Center is a cost effective way for the City to participate in the
Project.
SECTION2. Approval of Documents. The City Council hereby approves the
following agreements (collectively, the "Agreements") substantially in the forms presented and
considered by Council and on file with the City Clerk, which Agreements are hereby
incorporated by this reference:
(a) the Interlocal Agreement;
(b) the Construction and Development Agreement;
(c) the Real Estate Contract and Security Agreement; and
(d) the Continuing Disclosure Agreement.
The Mayor, in consultation with the Finance Director and the City Attorney, is hereby authorized
to finalize and execute on behalf of the City the final forms of the Agreements identified herein
and any additional agreements, documents and certificates on behalf of the City that are
necessary or convenient to the development and construction of the Project and which are not
inconsistent with the terms and conditions set forth in the Agreements; provided, that the City
shall not be committed to paying more than $6,500,000 in principal amount financed over a term
of not to exceed 30 years at a rate per annum not to exceed 5.6% to finance the acquisition of
condominium units consisting of approximately 16,424 square feet.
The City Council will subsequently be presented with the Condominium Declaration for its
consideration and approval.
2
Government Center
SECTION3. City's Obligation under Real Estate Contract. The City's
obligation to make payments due under the Real Estate Contract shall be a general obligation of
the City. The City hereby agrees to make such payments, as a general obligation, from any
money of the City legally available, and the City hereby pledges its full faith and credit to the
prompt payment thereof.
SECTION 4. Severabilit¥. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the rmnaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSEDb the ~t
y C' y Council o f the City of Brem,~gg~s~n~_o..n_t~s
day of~ 2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
15~OGER ~. LUBOVI~ ~T~,~ MCCLUSI~Y, ~ty C~!c
RSLEGAL~Files\Current Active Files\Government Center~solution-Bremerton.doc
3
Government Center