HomeMy WebLinkAbout01/18/2006 AGENDA
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280
***AMENDED***
JANUARY 18, 2006
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. 20-minute Executive Session to (1) "Review Labor Negotiations" per R.C.W.
42.30.140(4)(b); and (2) Review Performance of a Public Employee per R.C.W.
42.30.110(1 )(g) ,
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR MEETING CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. PUBLIC HEARINGS
A. Public Hearing on Ordinance No. 4962, adopting the East Park Sub Area Plan; and
amending Section 20.80.080 of the Bremerton Municipal Code (#AB06-018)
6. GENERAL BUSINESS
A. Real Estate Purchase & Sale Agreement, Lease and Easements between the Department
of the Navy and the City of Bremerton (#AB06-019)
B. Premier Properties, LLC Relocation of Easements (11.4.806 020) Postponed unti/1/25/06
7. CONSENT AGENDA
A. Claims & Check Register (#AB06-01 0)
B. Minutes of Meeting - January 4, 2006 (#AB06-011)
C. Minutes of Meeting - January 11, 2006 (#AB06-012)
D. Purchase of Street Light Assemblies (to current downtown Bremerton standards) from
Spring City Electric Manufacturing Company (#AB06-013)
E. Professional Services Agreement with BREMERTON AREA CHAMBER OF COMMERCE for
Promotion of Tourism within the City of Bremerton (#AB06-014)
F. Professional Services Agreement with KITSAP PENINSULA VISITOR & CONVENTION BUREAU
for Promotion of Tourism within the City of Bremerton (#AB06-015)
G. Agreement between the City of Bremerton and the NAVAL MEMORIAL MUSEUM OF THE
PACIFIC for Operation of the Museum (#AB06-016)
H. Contract Award for Pacific Avenue Basin CSO Reduction Storm Sewer Line - Phase 1
(#AB06-017)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
II 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.
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
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DA TE SUBMITTED: January 4, 2006
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
O&-Olg
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.............................................~...............................m..........
SUBJECT: Public hearing on Ordinance
No. ~ adopting the East Park Sub-Area
Plan and amending BMC Section 20.80.080
Committee Meeting Date: January 11,2006
COUNCIL MEETING Date: January 18,2006
Department: DCD
Presenter: Andrea L. Spencer
Phone: 360.473.5283
SUMMARY: The action before the Council is to conduct a public hearing and adopt the East Park
Sub-Area Plan.
ATTACHMENTS: Proposed Ordinance; Staff memo describing the Planning Commission's
recommendation
FISCAL IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERA TrONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass Ordinance No. 4Cf "':L to amend the Comprehensive
Plan to include the East Park Sub-Area Plan and amend BMC Section 20.80.080 to activate the
development regulations detailed in the Plan.
I CONSENT AGENDA D I
COUNCIL ACTION: D Approve D Deny D Table
D Continue 0 No Action
ORDINANCE NO. 4q 0J-
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending the Comprehensive Plan by
adding the East Park Sub Area Plan?_and amending the Zoning
Code Section 20.80.080(b) to activate the development standards
for dwelling unit density, setbacks, and road standards as detailed
in this ordinance.
WHEREAS, the Washington State Growth Management Act authorizes the
preparation of sub-area plans; and
WHEREAS, the City of Bremerton has adopted a comprehensive plan under the
provisions of Chapter 36.70A RCW that includes policies for the creation of sub-area plans, and
specifically for the site known as East Park; and
WHEREAS, the City of Bremerton has zoned the East Park site as a Master
Development (MD) Zone, which promotes the creation of public-private partnerships to create
large-scale planned devel()pments that provide a clear community benefit and satisfy unique
community needs; and
WHEREAS, the City of Bremerton has worked with a private developer, Lyle
Homes, to conduct an extensive public participation and review process for preparation of the
East Park Sub-Area Plan and development regulations; and
WHEREAS, the City of Bremerton has worked with Lyle Homes in the
preparation of the East Park Sub-Area Plan and conducted a thorough review of the development
anticipated within the East Park Sub-area, and on November 23, 2005 the City issued a State
Environmental Policy Act (SEPA) Mitigated Determination of Non-Significance (MDNS) that
provided for mitigation measures to ensure that future development will not create adverse
environmental impacts; and
WHEREAS, on December 5, 2005 the SEP A MDNS appeal period expired and
no appeals were filed; and
WHEREAS, on November 1, 2005 the Planning Commission held a workshop to
discuss the proposed Sub-Area Plan and development regulations, on November 15, 2005 the
Commission conducted a public hearing on the plan, and on December 20, 2005 the Commission
concluded their deliberations and made a recommendation for the City Council's consideration;
and
WHEREAS, on January 18, 2006 the City Council conducted an additional public
hearing so that the public had a further opportunity to comment on the sub-area plan and
development regulations; NOW THEREFORE,
East Park Sub-Area Plan
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council accepts and adopts the Findings and Conclusions
of the Planning Commission as presented in Exhibit A, attached hereto and incorporated by this
reference as if set forth in full herein.
SECTION 2. The Comprehensive Plan is amended by the addition of the East
Park Sub-Area Plan as presented in Exhibit B, attached hereto and incorporated by this reference
as if set forth in full herein.
SECTION 3. Section 20.80.080 of the Bremerton Municipal Code entitled "Sub-
Area Plans" is hereby amended to read as follows:
20.80.080 SUB-AREA PLANS.
The following are identified areas where sub-area plans may be created and
unique development regulations created for each:
(a) Westpark Sub-Area Plan;
(b) East Park Sub-Area Plan (adopted by Ordinance No. );
(c) Austin Drive Sub-Area Plan;
(d) Harrison Employment Center
(e) Northwest Corporate Campus Employment Center;
(f) Port Blakely Employment Center.
A specific sub-area plan has been adopted and is in effect when the project name
listed above is followed by an ordinance number - this ordinance will contain the
unique regulations and standards that guide development for that project area.
SECTION 4. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2006
CECIL McCONNELL, Council President
2
East Park Sub-Area Plan
Approved this
day of
,2006
CAR Y BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2006
,2006
R:\Legal\LegaI\Ordinances\Community Development\East Park Sub-Area Plan.doc
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East Park Sub-Area Plan
Exhibit A
Findings & Conclusions
Exhibit A
DRAFT FINDINGS AND CONCLUSIONS
OF THE CITY OF BREMERTON PLANNING COMMISSION
Summary - Proposal to include the East Park Sub-Area Plan to the Comprehensive
Plan and Zoning Code by amendment. The zoning code will add reference in BMC
20.80.080 to the East Park Sub-Area Plan.
I. FINDINGS OF FACT
1. Project Description
East Park is a forty-six (46) acre vacant site in East Bremerton that was
previously Navy housing and is designated in the 2004 Comprehensive Plan as a Public
Sector Redevelopment Site (PSRS). The developer, East Park LLC, purchased the site
from the City of Bremerton according to a development agreement and has worked with
the city to prepare the proposed East Park Sub Area Plan. Mithun, an architectural firm
hired by the developer, has worked with city staff to conduct community and stakeholder
meetings to help determine the public's vision for East Park. The draft plan was
submitted to the city at the end of October and presented to the Planning Commission
on November 1, 2005 at a special workshop. The next step in the Sub-Area Plan
process is for the Planning Commission to review the Plan and recommend to City
Council the adoption of amendments to the comprehensive plan and zoning code.
2. Procedural History
2.1 On June 25, 2005 the first neighborhood meeting was held inviting public
questions and comments.
2.2 On July 26, 2005, the second neighborhood meeting was held showing the
progress and inviting further public questions and comments.
2.3 On October 6, 2005, a stakeholders meeting was held showing the Sub-Area
Plan's progress and inviting questions and comments.
2.4 On November 1, 2005, the Planning Commission was presented with the
Sub-Area plan at a special workshop. Citizen stakeholders testified at the meeting
indicating their support for the plan that was drafted.
2.5 On November 3, 2005, the 60 day required notification was sent to the
Department of Community Trade and Economic Development (CTED).
2.6 On November 5, 2005, notice of Planning Commission public hearing was
published in the Kitsap Sun and the public was invited to comment.
2.8 On November 15, 2005, Planning Commission conducted a public hearing on
the East Park Sub-Area plan.
3.0 On December 20, 2005 the Planning Commission completed deliberations on
the sub-area plan and formulated a recommendation for City Council's
consideration.
Exhibit A
3. Public Comment
3.1 Numerous individuals have provided comments at public workshops and
stakeholder meetings. Comments received were considered and used to develop
the draft plan that was submitted to the City on October 27, 2005.
3.2 The planning process included a "Stakeholder Committee" comprised of the
following members:
a. Eugene Brennan, Manette Resident
b. John Burch, Manette Resident
c. Wendy Clark-Getzin, Kitsap Transit
d. Walt Draper, Bremerton School District-Director of Finance
e. Lea Duffy-Kosusko, RFM Architects/Manette Resident
f. Glen Godforoy, Bremerton YMCA
g. Doug Groneman, Parks Commission/lllahee Forest Steward
h. Martha Groneman, Manette Resident
. i. Elizabeth m. Hyde, Bremerton School District-Superintendent
j. Doug Johnson, Kitsap Transit
k. Floyd Johnson, Bremerton Ice Arena-General Manager
I. Deb McDaniel, Manette Resident .
m. Daren Nygren, City Council-Bremerton District 3
n. David Olson, Harrison Hospital-Vice President Business Development
o. Rut Reese, Manette Business Owner and Resident
p. Mike Short, City Council-Bremerton District 9
q. Julie Wasserburger, Manette Resident
r. Leo Wasserburger, Manette Resident
s. Rebecca Wilson, Manette Resident
3.3 Individuals providing verbal testimony at the Planning Commission Workshop on
November 1, 2005:
a. Deborah McDaniel, Manette Resident
b. Adam Brockus, 1146 Perry Avenue
c. John Stokes, 2547 Greenwood Dr
d. Floyd Johnson, Bremerton Ice Skating Center
e. Chris Campagna
f. Matthew Keough, KRC. 1201 Park Ave.
g. Leo Wasserburger, Callahan Drive
h. Eugene Brennan, Manette Resident
3.4 Individuals providing verbal testimony at the Planning Commission public
hearing held on November 15, 2005:
a. Glen Godfrey, YMCA. 60 Magnuson Way
b. Lon Overson, 1035 Callahan Drive
c. Ailene Mueller, 2215 Winfield Avenue
d. Dick Bruskrud, 1102 Shore Drive
e. Adam Brockus, 1146 Perry Avenue
Exhibit A
4. SEPA Determination
A thorough review of the development anticipated within the East Park Sub-area was
conducted and a SEPA anticipated Mitigated Determination of Non-Significance
(MONS) was advertised with a public comment period that began November 7, 2005
and ended on November 21,2005. The mitigation measures were drafted to ensure
that future development will not create adverse environmental impacts. Staff issued the
final MONS on November 23, 2005, with an administrative appeal deadline of
December 5,2005. No appeals were filed.
5. Consistency
Amendments to the Comprehensive Plan
Amendments to the Comprehensive Plan shall meet the decision criteria outlined in
BMC 21.06.080. The Planning Commission may recommend, and the City Council may
adopt or adopt with modifications, an amendment to the comprehensive plan if the
criteria outlined below are met.
5.1 BMC 21.0B.OBO(A) allows amendments to the Comprehensive Plan ifthere is an
obvious technical error in the pertinent comprehensive 'plan provisions.
This is not applicable to this project.
5.2 BMC 21.06.080(B) allows amendments to the Comprehensive Plan if the
following criteria have been met.
5.2 (1) The amendment is consistent with the Growth Management Act;
This amendment is consistent with the Growth Management Act (GMA) by
meeting the criteria of the Comprehensive Plan which was created to achieve the
13 goals of the GMA. The Sub-Area Plan meets the housing goal by providing a
mixed use dense housing stock. It meets the open space and recreation goal by
creating a green street and wildlife corridor, and the creation of parks. It will
reduce sprawl and promote urban growth by creating a dense mixed use
environment.
5.2 (2) The amendment is consistent with the comprehensive plan or other goals
or policies of the City;
The East Park Sub-Area Plan is consistent with page 84 of the
Comprehensive Plan Land Use Map because it designates the site as a Public
Sector Redevelopment Site (PSRS), and identifies the project as a site where
"specific area plan" should be developed. Also, in the Land Use Element, page
LU-24, describes in more detail the need to create this specific area plan. The
creation of the sub-area plan for East Park therefore implements the vision and
goals of the Comprehensive Plan.
5.2 (3) If the amendment was reviewed but not adopted as a part of a previous
proposal, circumstances related to the proposed amendment have significantly
changed, or the needs of the City have changed, which support an amendment;
Exhibit A
This amendment to the Comprehensive Plan is being directed by the
Comprehensive Plan. The amendment does not change the plan, rather it
supplements it based on the direction of the Comprehensive Plan to develop
specific area plans for Public Sector Redevelopment Site.
5.2 (4) The amendment is compatible with existing or planned land uses and the
surrounding development pattern;
The East Park Sub-Area Plan is compatible with adopted Public Sector
Redevelopment Site land use and the surrounding development pattern.
5.2 (5) The amendment will not adversely affect the City's ability to provide urban
services at the planned level of service and bears a reasonable relationship to
benefitting the public health, safety and welfare.
The East Park Sub-Area Plan will not adversely affect the City's ability to
provide urban services at the planned level of service. The amendment will
benefit the public health, safety and welfare by achieving some of the City's
economic development goals. Applicable goals include: A. EC 1 Promote a
vibrant envirionment for economic development, and H6 Build strong, cohesive
neighborhoods with a majority of Bremerton households owning their own
homes.
5.3 Amendments to the Zoning Code
Zoning code text amendments shall meet the decision criteria outlined in BMC
20.18.020 (d). The Planning Commission may recommend, and the City Council may
adopt or adopt with modifications, an amendment to the zoning code text if the criteria
outlined below are met.
5.3(1) 20.18.020 allows amendments to the Zoning Code if It is consistent with the
goals and policies of the Comprehensive Plan.
The Comprehensive Plan Land Use Map shows the East Park site as a Public
Sector Redevelopment Site (PSRS) and directs the redevelopment to provide areas
for large scale planned developments, which is achieved by this Plan. The Sub-
Area Plan is consistent with several goals and policies in the Comprehensive Plan
in the environmental, transportation, housing, community character, and land use
elements. Goal E6 encourages developments to protect, preserve and restore the
habitats that support Bremerton's diverse ecosystems. East Park will preserve the
native forest along the western and eastern boundaries linked by a natural corridor.
Goal H3 of the Comprehensive Plan is to provide a variety of housing types and
densities to meet changing needs of Bremerton residents, East Park is providing
housing for a diverse demographic group by building accessory dwelling units,
carriage homes, cottages, affordable two story family homes and luxury homes.
Goal CC3 asks developments to provide for a safe, pleasant and rich pedestrian
experience. East Park's combination of tree lined streets with sidewalks and
greenways provide a safe and pleasant pedestrian experience.
Exhibit A
5.3(2) 20. 18.020 allows amendments to the Zoning Code if it does not conflict with
other City, state and federal codes, regulations and ordinances.
The East Park Sub-Area plan does not conflict with any other regulations.
II. CONCLUSIONS & RECOMMENDATION
Based on the findings above, the Planning Commission concludes that The East Park
Sub-Area Plan has met the requirements for 1) amendment to the Comprehensive Plan
and 2) text amendments to the zoning code as detailed in BMC 20.18.020. Therefore
the Commission recommends the amendment to the Comprehensive Plan to include
the East Park Sub-Area Plan and an amendment to the zoning code text in BMC
20.80.080 (b) to include the Ordinance number of the East Park Sub-Area plan.
Respectfully submitted by:
Executive Secretary
Approved by:
Linda Streissguth, Chair
Exhibit B
East Park Sub-Area Plan
EXHIBIT B
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Introduction
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I ntrod uction...................................................................................1
Context......................................................................................... .1
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Comprehensive Planning
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GMA and Comprehensive Planning ............................................4
La nd' Use Vis ion ...................... .....................................................4
, Compreh~nsive Plan Elements
a.Environ mental Element .. ~............ ..... .................................5
b.Transportation Element ......... ..........~..., ....... ....... .......... .....6
'c.:Housi ng , Element........... ....................................,............... 7
"A.,Com munity Character Element..... .............. ;.:.... ...............8
,<e;.,La nd Use Element................"...........~............................... 9
-" . .
'.. ','~J.,'Econom ic Development Element;,............... ................... ...1.0
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Development Standards
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Appendix
A. SEPA checklist
B. Bald Eagle Report
C. Traffic impact Analysis
Prepared for:
Prepared by:
East Park LLC.
1601 114th Ave S.E.
Bellevue, WA 98004
MITHUN
Pier 56, 1201 Alaskan Way"S,,yite200
Seattle, Wa 98101""
Architects, Planners and Landscape Architect
Design Consultants:
Acknowledgments:
Westsound Engineering
217 SW Wilkins Dr
Port Orchard, WA 98366
Civil Engineers and Surveyor
City of Bremerton
Public Works Department.
Dept. Community Development
Engineering Department
Parks Department
Heath & Associates, Inc. "
Transportation and Civil Engineering
2214 Tacoma Road
Puyallup, WA 98371
Traffic Engineer
Participating Bremerton Residents
EarthSolutions NW LLC
2603151 st Place N E
Redmond, Wa 98052
Geotechnical Engineering
,.,nr;f)fi;~ffj~~Vrrl.l] rJ /.~~~:r ;1h,
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. , " : ",r.<,- ","-: ,-~<:(;",,:-_,~~:.':< ;,'~:\ ,> ,--'-'-: ;:;-,;-,::~::: - . .-:'
"j;;;.;~~}:~W~$g8 ~s~i$n
"';.;F:~i;~:"",'Th~l;East .Park'Sub-Area Plan reflects
:';,:F?t,:,';0:BreMerto.n's visionto continue as the
.. > ;},i":~',{'.!;;;)~'~~~~dj~~t:.~ ~~qn~:ra ~fdt~:~:s~ r~~~ nd
. ";",,:,.,),.:';::,'ne"g~b9rhOod. With its central location,
.'.';:;;.betwe~n fhe Manette Neighborhood Center
.",~;:,:,/:)ar:ldth~Harrison Hospital economic center,
," , 'StheEast P~rk Public Sector Redevelopment
.,>.Si~ei~ur]iquelysit4ated to become one
",;Yi/cjf Bremertol1'smost livable and vibrant
v:" 'r~igbb9rho99sand an integral part of its
" " '.redt;yel<5pci]~I1Jprari. The close proximity
, ','i: 'ofemploYr11'ent, retail and recreational
"',' ,:()~~~!!,@itJ~~tWill give this neighborhood
, :,,:',:: ~,_ ' '''-',_''':;:'' -~.,,-:?,,;,,- ,\,::11;,-;" '-,
":.::a':I3~aestri~!'1:feelin an urban environment.
;:" :fr~~within the community offer a
, t~close to home. Picturesque
~quth of Mount Rainier and the
"da western boundary of Madrona
:n,~t9;~splenty of natural beauty, literally
9:0m~pofthis development
. " . - ' ..', .... \ ~ .
.,....,
\>iC8'htexf
.>,.:;Yhf~site'primarily consists of vacant land with
. <,.,'1?'j{'a'ie\N~ignificant trees scattered throughout,
,'?:..},hisol!ttl-facingslope offers views of Mt
.,,)~~air1i~r,the Olympic Mountains, and Sinclair
{,Ir:\letwhile.pr~viding an excellent opportunity
,....;<l?rSblar:3Ccess to the buildings and open
':;:"..~paces; ":'., ..' .'
':"hi,,~esipeh~lalneighborhoods border the site's
';:.,~;~hori:h'ernClnd northeastern sides, A native
. - - -: .. --''', . ":" ,"':-',f' .',', _ . . -,- ~ '.
:,~",,:'l\t1a'dronaforest forms the western boundary
:;;'>'a,n~3extendsintothe site.The regional
"+}' recreation center, anchored by the city pool,
>'\:: YM(:I\,md ice arena border the southeastern
':~dg~:'\Wheaton Way, with it's associated
.'!.:K,:;'~!i:>,0merci<11 activities, forms the southern
j~,:~'i":1,~~i~f9..~?', . .
:~.~,.;:;:~..~'gaton\Vayprovides access to the site on
.::;th~''squthw.ithConnections to downtown
>:'R.::!'i3:r,~mE:!~~oq,and the Seattle ferry, Schley
"ji:'~:i,~,,~g:b,17,y~rCl bisects the site and provides
".,."~~;;~,FC;~sJto.then6rth connecting the site to
"e;shgpping districts of Perry and Warren
H ighaens.it~ajt<lt@~~irgi~~fqri1ilya I i gn s th e
Scbley,B,oy lev~~cls,br5I?orcr,eatirg an urban
Ii ne91c:_ore<lnd,S'c>h:C:~'r1tr?ti ng density ad j acent
to th is:n,rriorfrtef.i~l~bdJhe R~creati 0 na I
Activity'~enJ~r:'!M~'qXu"rri(j~~sity attached and
detacht;clsil1gle,!~~iI0hOysing i s,concentrated
,at the il1t~i:ioi ()ftne3it~~'~B29mpassihg the
,majority()fth~a're'aands~rroundirig active open
's.pace parks.,L()v.,er,density'debkhed s i ngle-
famiIYhol'11e:SJOrr?,~b,~edge t()'the existing
neighb()rhpods ,a.ndth~native;f()rest. The native
,,'..forests}Jave been'left'ti;> EiVolve as a, natu ral
""conserVati9n.'~rt;a,,/Qp~n;s paces'H~\I~ bee n
,scattered th'fou:gnp~tthe'sit~to' provideJor
passiV:e:a.,ncl;.a,~~ix~J~ti~a'ti(jh 'and p'rbt~ctth e few
s ignifitanttrees.within tbe' developm enta rea.
" ..'-:i/:'i::';::'/g>::;q';;t1I:~i,:~i'?;;\"':.' ,.; :\;:t;~.:. ....
Accesswithin'@)r;l'tqjiS;ugHthe~ite was designed
'to c6mple']en~::!~~:.~XL?~il1g):uterialsi~hile .,:,: .....
.' pro"id ing,nuir1'erpLl~fra..nsPQrt?tio ~.cboi <;es , an d,
.': rOLJtes';,Na{rqw.ti~y~I:larl'es'ard. stree(parkit1g}r~_{;
;~t.ilized'tQ#dyce'it1'1per,V}6us .i1reaandpro"ide ,.' ....:,.;
.>,:trafficcal min~"m~asui'es;:. Creeriwaysi:sidew~1 ks," '.'
: '!':..~:'~'n~:t~ee)~W6s~r~i~c~rpor.ated for pede~trian
',~:'ar1(lpisy~I.~:;s,afety,Jh~gree(lways were also
The design team commenced with a thorough, ~<i::Oriceix~d;~q,:I?'ro\fiqe,wildlifeforridorsto connect
inventory and analysis of the existing conditions,.",~jheh~.t"x~;!gr~:~tPh':~he:vJe.s~andsoutheast of the
both natural and developed. I n order, to conform ';.\:..~i_t~:>fn"~~.C1ati(Q::~{h()rou,ghstudywascompleted
to the vision of the citizens of Bremertbn, the ..::,;tq:~~~)Jr:e:p'~9pe~~mhgency yehicleaccess and
Bremerton Comprehensive Plan was utilized to .'st?gi!ig.~r~:a,s,~::::;;;ji('~'~/':',:'! '
form the basis for land use and design decisions,') ...::';/Jt:,::\i;;~:;:;;:~,}:;,:. .'. : .... ,,".
'. Using this information as a guideline, several .'. '?tqrili~~~~r:fPQyeY:~ri~e)s,conc~.ived as an
concepts were developed as a. basi s for d iscussionanie!1\t}';tpheJp.\:r~~!~areas ofnatu ra I vegetation
of possible development opportunities. These :witbi~jbe.d~,\I~,lqp~d~)tewhileproviding for
concepts were presented, discussed and revisedcle~nsI0g.irifi!ir:~tjoh::'al1d.c()nveyance in a natural
toaddress the concerns of City staff, neighbors':sysf~~{r;1's,yst~rry9fi~illes'and rain gardens are
and stakeholders. This process and the end . . incqrR9'r~J~Itjri.t.8;~9.e'lariqscapirigof the streets,
result is the East Park Sub-Area Plan. This plan . park~,ar1cl;~r~~nvi~y,~i\pr9yidingvisual interest
forms the direction for the design of a Master -, andwjJdli(e;ffciOitq(:'-";:;'" .
. Development Plan. This Sub-Area Plan is the .... . <'" .ii,"'-'.:;(',,:;1'('
direct result of combining the natural and .<;:, !h~'rr]!~6;'~~eri'~I;~,~thl~YEloulevard, which
developed Conditions with the vision of the ';}:~ bisl;!.ct~fhe'Sitetw~s.leftil1)tsoriginal alignment
citiz~ns of Bremerton, ..,.' ."{i;,,to Joc,us.q!1i~6hal1.q~rue,n(9fthe existing roadway
. ":";'and uJlliti~srrathertha'~replac~ment. Utilizing
" '. c'~, existings_erv.i~es, ~ed~'?e~J.b~impact on natural
;(~;resources'while'fofusing .~nimp;:oving these
:-,existir~lc:ity;s~ryice~.. . .
. - .:, t<~:',~: -;(:- :-,~::,},~:_ -:_~~?,: ~~' ,.~: ~;:~'::F:<<-f~~': ~.
.- "<",.".,, ;."t
':'~H'~, _,.\h',"., ~?<'),"
.,.., _'" ,.,-,.'.J'. . --.; !,', ..,i" <:~' \';'~\~_ ::,"",-- .
Avenues. Magnuson Street connects the site to
the local school and play fields. The Urban Trail
is planned to traverse the southern edge of the
site, providing exceptional pedestrian and bicycle
access to downtown and the Seattle ferry.
The site is currently serviced and within close
proximity of all urban services. Medical facilities
are within walking distance directly west of the site
in the Harrison Hospital Economic Center. Fire
and emergency services are stationed a few blocks
to the north. The regional Library and Post Office
are a short distance away. The shopping districts
of Perry Avenue and the Manette Neighborhood
Center are within walking distance while the larger
Warren Avenue commercial corridor is easily
accessible. Wheaton Way, Schley Boulevard and
Magnuson Street are serviced by existing bus
routes. Mountain View Middle School is located 4
blocks from the site while View Ridge elementary
is a short distance to the northwest. Employment
opportunities are located inthe various centers
surrounding the site. The site is currently served
by all public and private util.ities. . '.
.', \;'- : -.;
",
,,-~
''-'..-,., ,'.",,\.'...- '-.'
";'\.'.'- ,
A;hierarchy ofland uses was utilized to
zoneresidential densities, and commercial .
opportunities. I::jigh-density multi-family and'
commerCial activities are situated along the
Wheaton Waycorridorandqdjacent totne
Recreational Activity Center.
~., :it. : ~ ,O',..:,'i '~}~ ~\.:- ,
:;\:f-:~~~:'^'''':" .',.
'~~:::::;:.\3':'<>t(:.".---;-,/>" ':.~,~,.: ,c'
',;.'> ,.:". .;~-, -,' ,. "
l(l~LMI~gfYJ{~~~ig'l!rlr](','
_.,U. "'~ q~~"',:""",,,"L' '"
-: ,~,. '1. '0 , xt;~;'!d:};::( \f~<";
,,'~,,':'(':~;,~,:;~rt~f~d~~~~lf,~~f~;pc:s~ s~~~s :i~1 uc~e:t~u: more
. ,}':i {:J;di~er~,eneighborhood, providing for the
/hur!l~rQuslifestylerequirements, Care has
'l~h,T(ik~nto integrate the different types, size
'.... ',"'I';': .a~Xpen,s.e of the housing types throughout
:},~<,):'t8"~::~':W~'col1'Jn1unity. Although density has been
;;;"/;:('::':?':i~~gr~gated"lifestylehas not. In addition,
'i':";'J~the'architecturalcharacter is envisioned to
.,' .'i;':'::J~:~nc,ompassallvarietiesfrom traditional to
. .L1~:, ;~~fit~i~~O~~~ied ;0'0 , "bue,
"? ...,~~(f~~l11preb~n~iy~;plan for the development of the
':<,:~"Ee~t.P~'r:k:.6Y,~UcSector Redevelopment Site. By
,.,' ':.'~~;y".~~:-_:~~;-,,~ti,:~Q'r:n_Rt~JrJg~~tn_~ 'hatural and developed amenities
::":~_" -' _,', s,: .'~'_: ,.~'/i_'_;~' ;_;!':-'_"':*!(-~ _,;"S:'{;: ~-',_'
;., .,.." 'j:,Yi'itl'f:tHei~i~ic>ri of the citizens ofBremerton,
' .... cO ',"0:"iJ;~W~,~i~t~:'a~nique and progressive
6?fH8bcfthat takes both amenities and
;{";',:71;';' tR.c6n 5 ide rati 0 n.
Sector RedevelopmentSite
City of Bremerton and illus-
awareness of the needs to provide
within an environmentally
The homes will be varied in
diversity among the
and common areas
interaction and foster
cOmmunity. Parks,natural habitat,
.. ...' .' will provide natural spaces
environment.
into the existing urban
a neighborhood feel.
GMA and Comprehensive Planning
The Washington State Growth Management
Act (GMA) sets forth 13 basic planning
goals ranging from Urban Growth to Public
Facilities and Services. GMA requires cities
to prepare Comprehensive Plans that guide
growth and development for a 20 year
period in accord with these goals. The City
of Bremerton completed its most recent
Comprehensive Plan update in December of
2004. By law a City's development pattern
and zoning must be 'consistent' with the
Comprehensive Plan. The following section
demonstrates how the East Park Sub-Area
Plan fits the framework of, and is consistent
with, the 2004 Bremerton Comprehensive
Plan,
Land Use Vision
The Land Use Map of the 2004
Comprehensive Plan represents the
overall vision for how the City should
grow and develop over a 20 year period.
The Land Use Map designation for East
Park is Public Sector Redevelopment Site
(PSRS). (Comprehensive Plan Pg. 84) The
Comprehensive Plan provides clear direction
for land use in areas designated PSRS. (Pg.
93)
"Provide areas for large-scale, planned
development, by public or quasi-public
entities with a clear community benefit.
The PSRS designation identifies special
sites representing high potential for
innovative development or development
meeting a unique heed in the community.
Sites designated PSRS will be developed
consistent with specific district planning
efforts that address the site as well as
compatibility with surrounding uses and'
consistency with the comprehensive plan.
Potential development includes mixed typ'e
residential development with an open space
component that integrates context sensitive
commercial arid / or office development as
a secondary component. Projects completed
under the PSRS,designation will have a
clearly definedc()mmunity benefit such as
the satisfaction ofaunique public housing
need." '
,',
. .-' -, ""--"-" .
<'.__.,-"".t ''-'_,-'. . -,-"
Density: Varies,:urban in nature
Height:3stode{
Character: \Xiellintegrated, planned
development .'; ,
Location: As mapped. Large parcel or
groups of P?rcels in public or quasi-
public ownership.
, . ,
, :' ' ' .
The EastPark'~~b-area plan 'dleady meets
the visionprovided,fdr PublicS~ctor
Redevelopmen!Sitesbythe Citybf, ....
B remerton ~S'2004Com prehens iVe Pia n.'
Large~S~ale'Planned Developrnenf',
by Quasi-PubllcEritity,: Th,eEast. Pa~t
redevelopment)S apa'rtnership between
the City of Bremert()nand develop~r East Cc
Park LLC.The site was purchased bYthe' .
developerJrof-n ,~heCityaccording toan .
agreement, whi~h reqLJiresthe developer
toprovidea range ()fpu9lic benefit and
housing features~The full 47 acre East
Park site will be developed according to a
coordiriated;)'j~lI~integratedmaster plan
as displayediri_thisSub:AreaPlan. (See
ConceptualSit~ Plan.) .
Innovathte Development - The East
Park sub-areaplancallsfor highly innovative
developm~nt,including fl range of creative
housing type's, a' peqestrian-friend Iy
'woonerf'.street, a green-street / wildlife
corridor, aridotherunique features. (See
Developn:H~i1:~tand a rd s.)
District Pla~6irig Efforts - The East
Park Su~-Areaplab isthe product of a
commui1ity-b~se9'pl(lrining effort. To create
the plan, several p'ubliC:neighborhood
meetings were'held, ~~d a neighborhood
Stakeholder COITII1,'ittee.was assembled.
(See Public Process,}
Mixed Type Residential Development
With An Open SpilCe Component - The East
P'ark Sub-Area plan calls for a wide range of
!,n1ixed housing types including attached and
i'detached single family homes, townhomes,
.cll)ster housing and mixed use multi family,
> <An open space network is an integral part
. of the development, including conservation,
passive; active, and tree preservation open
spaces totaling nearly 27% of the 47 acre
. site. (See Open Space Plan.)
. ..Commercial and / or Office
;Developmentas a Secondary Component -
The East Park Sub-Area calls for a secondary
commercial and office development to
\beiht~grated into the project. Mixed use
de.v,elopment is allowable in a specific
'!~lf?,5~.tioh~as are townhouses with live / work
~;!'!;ca -abi Iities.
.1\~,'i;""':'>~
:;J)~~hensive Plan Elements
'..'.f
~fi~/i~04 B~emerton Comprehensive Plan
". ..' s~orga~ized into seven chapters called
.'elements', which distinctly address the
';subjects of Land Use, Transportation,
Housing, Utilities, Economic Development,
'City Services and Environment. The East
Park Sub-Area Plan responds specifically.
. to numerous goals and policies in each
element, further demonstrating consistency
with the 2004 Bremerton Comprehensive
Plan.
The Sub~area Plan for East Park incorporates
the principles of stewardship of the
environment through sustainable design.
'By concentrating the development area,
approximately 27% of the site remains in
. permanent open space in the form of natural
open areas and parks of a variety of sizes
.... and uses. Neighborhood parks including
the two central parks, the conservation parks
. . and numerous smaller "pocket parks" are ..
spread throughout the neighborhood. In
addition, the latest techniques in sustainable
engineering for storm water detention,
cleansing and dispersal including bio-
.filtration, surface conveyance and surface
. detention and infiltration will be used in
the neighborhood. Reduced run-offwill .\;::
minimize the off site impacts of storm. ......... .
water. Many existing trees will be retained',.
and incorporated as the focus of the,..'..;),.. '.
planned parks. In addition, new homes '?::,.;
will incorporate "built green" elem~nts ancC":
utilize the southern exposure with passive,!
solar design. These considerations.\Vill:..!,
ensure the natural feel of the area;w~ile
being sensitive to the environment.
Select Environment element goals ahd' '"
policies directly addressed by the East Park>
Sub-Area Plan include the following. (pages
EN-12 - 18) . .'
Goal E3 Reduce and prevent environmental
pollution of air, water, light, noise, and ~oil.
(E3C) East Park's proximitytotr~nsit;
shopping, recreation and emplpYrl'1ent
should reduce the dependence on auto use: \
Goal E4 Encourage conservation of critiCal:",}
areas and nonrenewable resources. '. .' '.'
(E4A, E4B, E4C) The native madronafore'sf
and riparian corridor are left in their natural " .
state. The majority of significant . are
saved with the most significant set
preservation easements.
be planted along the streets and'
greatly increasing the amount
Goal E6 Protect, preserve, and, .
habitats that support Bremerton's
ecosystems.
(E6B) East Parkwill preserve the
Forest alongthe west and eastern..
.boundaries linked by a natural
Goal E7 Create an open space"
increases the amount of open
. Bremerton's natural resources,
a source of beauty and
residents and visitors.
, -';"
. '". '-'
,"~~'...; ,"-7'"~\'-" "~_.~ ~ .-;'.;~-'\ 'r1 - ":'~~~~2\;,;;;;:;:SiQi;;; ri,'-~
! ., i' (' ;, ; i n <! '(1' '" 'II ;;It Q. .1A'll """ll\~ !r'" I .
.~t\ \.,'/! d f In u ,1I'j \:.:;..il"fLjt ~:?Ult~)iJ\ 1\ 0\,
,.~- -'-.".-,"'^ L. ,~f -'''-.Lr''~ ~ _'. _.~'_!,~ .~~ ,,- .~::'_",~!~:?~:::':.:;,_ .~'~:~:..~- ~'~~~,:'
(ElC) Pathways and trails will connect the
open spaces.
Goal E8 Protect and preserve Bremerto~'s
unique marine and fresh water resources.
(E8C) LI D strategies are proposed which
will include bioswales and rain gardens.
These systems will provide storm water
infiltration cleansing and conveyance.
Goal Eg Incorporate efficient-energy
conservation strategies into all aspects of
Bremerton's growth and development.
(E9A, E9B, E9D) Energy efficient building.
design with some use of alternative energy
is planned.
b. Transportation Element
Roads and streets bring a new standard
of environmental stewardship as well
as increased safety to residents, By
incorporating harrower street widths
throughout East Park, storm water run-'
off is reduced, thereby allowing natural
and sustainable retention and cleansing
processes. Narrower streets alsomeari
slower traffic throughout East Park and
safer streets for pedestrians and children.
All street sections meet accepted national
standards for fire protection and emergen'cy,
service delivery. The "safe streets" planl!ing
approach provides the City with designated" .
"queuing lanes" throughout the site that. ....~..;...
allows multiple service areas for emergenc~;~~
vehicles. ',ry;~;
The East Park Sub-Area plan encourages}H:
alternatives to the automobile by buildi~g
at a transit-supportive density. Few othe(,
neighborhoods in the, city have as high a>;';
concentration. of housing as is proposed-' .",
for East Park.T~e site is located adjacenr;
totwoKitsapTransit bLislines providit1!f
convenient transit access. The Sub-Area,
plan also provides choice in transportation
c ".'~"
bYincorp()r(l~i;~g;aB~twork6f pedestri an
and traHlinkages todc>;:.,.;,ntowh,the
" Harris6r'1hospi~al:distri~t, C1ndthe Manette
, heighl>?rry~~~g~7~~~:'/',c
, i_",: _.:__ ,'Y"':'~':~'-~-:\":;''.>'''~:'---:, _:....,.
'SelectTranSP9~i:1(ion'element goals and
'.. .policies9irectlyadCjr~ssed by the East Park
..,SubcArea,plal} iri<;lude the (pllowing. (Pages
.}R-iJ;c'J~). '. .
''co~IT1E~co~;agJthedevel()pment of
..an inte~,rated tnulti-inodal ti-,clnsportation
'syst~rt,l, t~~t p~ovides-a variety ,of convenient
'~r'ai1s,p()r1,~tion ch.~ices to i mproyethe
:'ir1t;)vEln1~nto,fPe~()R!~'go()ds, a rid freight.
-~. - <:' ",,:;;,:~:,.~-,.':;~:~t;--,,~',5;;' ~>:r__:-',:,!_.. ,\__-':-' -' _ _ -_:'<<',~~>
.... '(T1ArEasfp~rk'~ill provi detransit iocations,
ap'edes~rian#i~fl'f.s'yster{,' and. rriiriJrriize street.
width~.~<?r~c9u~~.:sp~eds. In. addit.ron;tl;1e."~" '.
. ...t1eigh~or,h.qq9;,~ill~ricpqx~r;itE! greE!~~pace:,',
. in!q thestr~~!~~y.sterrl'" '.' .
, oj',.
. ~. "t-'
:,;;:~:'..'" >.GClal,T2Deve!<>ptransportation ...:,
,,;r>:::'improve'memts that reflect Bremerton's
':;:.?':;";'C.i;1al~rClI, hist~rk'n1 aritime, waterfront, and
:'{S;,'u~ij~rtc;~aracter,consi~tent with the short
"'. ":~2;;~',;~;r:ri~t,;;~:}t~~~.,~~;Ji~~.. Oft~..~.~om prehen sive
.,' : ,;:.0....::. :":"""::-:,_":- ._ ".'~::<'_,,~:-':~"fl~;',: 'C'f: :. ;:-:. ',_::'-." ;,,' _" '_,. '
. ....... :XT2B),:(asJ;p'alk\~in,inc6rporate street
. !r;~.es:~h9Ian,dscaping throughout the
,.,~eIgr,qwh9().d,SirnOar tq Sremerton's
J:,older htighb~i:n9bi:ls:onstreetparking
:;:;willl)e'designed:o'nall roads and include
..:....;.iraffi"c:~~(!fV~k~'~yic~s.:Attractive street and
;:;.ped~.s,tIia.n)i~htif1gwill De'incorporated into
,.~~~~t~}~~:,~l~f~e~:::::: :"h;""u,e.
trarispOf:!:~ti(m;.~ysteinthat respects the
riatui'alenyir(jrlment; including the quality of
Br~meI1:0n'sair,~~tl:!rand natural habitats.
.-" /<-,.,;<::>.\,~'.:..-'-'" ~~ ;-/"--., ;'/-..--."" -.>,,"', ,,<,.,
. (~~,9'.H~rP~ilwilrinc6rpOrate a
,;trap~p~!1~tiOq~ystem .tHat integrates into
.,~xisting ~treets:.Low:imp'act design (LID)
; t~5:~niques'l^'iH allovy the new.road system
't~re~uMpaxe!1l.erlt byapproximately 5.1
acresrilinimi:;,:ing theirnpacts of storm water
.' i.rtrnot(aridheati.~landeffects. Most of the 5.1
". :?cres,~iH,.b.~rep.lac.~d with natural vegetated
. 'd'?~~\r~-Y~~f~~lrh
\:~~Lf1 n h U)/J, =\11 i
Tjj,~~'&~~~~~~nt'61' Jblo,w,le> ood "I,
.;,)J:),'ir<,'garC:fen~)5:qp~ihorridors will also occur
\,,-,),.,~:i,:,:,tl:ir~ughouft~e site providing natural habitat.
t;\;~'0ir~t~t~~a9';':~:~~~~;~~~~~~Od'
.. . ", "''': ,>"_,0.. ~ ~~"" \.,..., ,
'~~': '_',_'. '--' _,''''-:-: '_,1,':" <. ,:--,:,;,?" ,._-""<"':(',~-_'_'_ _!'-~ ,~"-__,, :' ,: _ , ; ,',
"':,'.rg,c'(T4'c:),East'Park:sdesign maintains Schley
"";-;\;;,~~,B()~I~va~d~cLJrrentlocation allowing traffic
'~,':',/~I':,,\\;,~;:toflqy.;th,ioughJhe site, Traffic calming
';., '\;',;';):rl]ea;~~r~;;~J~.ng,?chley will provide a safer
/ .-':T-:,Yenvironrn~'ht;,tllan what currently exists, The
'" 'l',",/cdln,D\~#~tq&,ofst'reet trees, town homes,
"h~;on:str,ieti"'a~king and "bump outs" should
..;,,'deGI: cspeeds, . Internal roads will
\~';:<~~!~fg;I,",,",,",,,9'r;Jte traffic calming strategies by
"";""",,, ,i(".;!",.1 :~street\Vidth; providing street
n;~treefparking,
~couragE!transportation agencies,
p~bliclrinsit,to operate and
;:ca!~n~ regional services and
"~' aCI},,;,at~educe the need for single-
,/~()ccup~n9vehicl~s and support the needs of
,~"" 'lransit'-dep'endarit' users.
, , ,',': cr~\;:'l':'c';:',\'"",~:;:';'~:'''(':"
'.> " :(Tl1ArEaste~rkw.i1l bea transit oriented
,;' :y,~mrTiynjiY.~,Not brily will East Park be a
.'.. '.;~ ;,wal~abJea~qbicycle friendly community,
.. ,i..,Ki~sapTrah~it wilLserve the neighborhood
;.i\:;';;prqyidirl~.cprn~dions to downtown, ferry
.'i'j:::;;":/:t~rr~J?~I~a~d,,otber transit stops.
. . ;::"',c,;~v,i'fj.Q~s,;(Q'gE.lem e nt
"',~~~6r~~d"~;~Hrumofhousing choices
~f~ii(bea~a;ilableat East Park, many at
)'~oysing pd~es unavailable in other parts
'ofthe;Cityand County, By concentrating
',,, d:evelopm.erltar:lo by providing smaller but
t,:C.,highly f4 nCt i,6 1'1 a I lots, land development
CO?tsflre'r39ui:ed:~nd lot prices for both
,s!rlgle'ancJ~mulg-family homes can be kept
,.19Wer;:"\li~\IJ;J6tsandpark frontage lots will
;~r:;'b.'~iPr()v.id~;~JtesJor the'mid to high price range
':;};"'2::_:iY;qile,ltllr~te(C!nd carriage homes would
-,'-';.:);'~-,i-b~.l'l'l~reaffordabl~providing a balanced
_.'\'''/ "j:, Qeighbqrbood; Eql!al access to amenities
';:::i;\.',;,i(;il'n<:Lapeges.triari friendly environment,
:;;"-~;i;~;i~rtehC.9.Ur~ge(1 by lower speeds, sidewalks and
parks within walking distance provide an
opportunity for people from varied personal.
and socioeconomic backgrounds to live .
together and truly create a community.
East Park, is an essential part of Bremerton's ,
revitalization, bringing a mix of residential
opportunities to the City of Bremerton.
From the words of the Comprehensive
Plan, "The City fosters the creation al'1d
enhancement of cohesive neighborhoods
through infill and rehabilitation projects, ....
designed with a community orientation,
New development, located at strategic
locations that capture local amenities and
complement rising land values, support
diverse lifestyles and a broader, more
innovative choice of housing types,"
Select Housing element goals and policies: .
di rectly addressed by the East Park Sub-Area
Plan include the following, (PagesHS-ll -18)
. . '
Goal H3' Provide a variety.of housing types
and densities to meet changing needs of' .
Bremerton residents.
(H 3C) East Park is designed to provide
housing for a diverse demographic gr()up.
Accessory dwelling units (ADUs), carriage
homes, cottages, affordable 2 story
homes and luxury homes allow for th~
of all family types and economic
'- -,.-,','. ,
. . '~.~. ..'
) {"-'y""'" . ,ll-.",~:.~?):<.'."o,"__
i{.~..)iJlnJE?)~tJUG3d{]J~IT\Y!(~~
lJ . :. ,,', . ..'....\/:.;>j\',,'.'...,:.,
(H3H) East Park will provide a variety
of creative housing types. Live work
opportunities are proposed along Schley
Boulevard providing space for home
occupancy or mother-in.law units, Also,
ADUs and for sale carriage units will provide
affordable housing opportunities creating a
more diverse housing mix,
Goal HS Promote access to quality,
affordable homes for all Bremerton residents,
regardless of their economic capabilities or.'.
special needs.
(HSA) ADUs, cluster housing and compact:
town homes provide for more affordable.
priced homes. Many single family detached
and town homes will allow ADUs. These'
units would have street frontage or access
along the woonerf and be designed to be
compatible with neighboring homes.
Goal H6' Build strong, cohesive
neighborhoods with a majority of Bremerton'
Households owning their own homes.
(H6A) The smaller homes provide for more
affordable home ownership close to public
transit and city employment centers. The
majority of the homes are envisioned to
be owner occupied with no large scale
affordable apartment building.
Goal H7 Promote safe, attractive, livable .'....
neighborhoods that will attract homeown
(H7B) Two large parksand multiple
parks provide for neighborhood
Goal H8 Promote social interaction as well,"
as neighborhood identity and initiatives.
(H8B) BU'i}d,iQg,?'fjent?tiorland an accessible.
.open'sp~:ces~s.~~m~illjjtovide opportunities'
'. for-soCial interaction?
.... .", .... ....:~'; '.;i,rJ;);~'}J,;,'i,<;'.. .",
, . (118C) , Sid.~W~Ik~:sep~ratec! from the
".travelid'gl;3'nesan9.g~eer)~ays provide safe
. '. pedestri?riways'th'rough tile neigh borhood.
. '. ,'. ,..-.; .'. . ,',,'U ,.' ''-:''. ". '~_,. ',' ':__
.. . ~\."".\~,
'. GoaIH~rEnsurec6Qrdinate~, effective
'planning and . rnanagemept!>f housing
,progrClrn~' Clnd developmentjssues.
((:':;)~Sr'~~7\;r(~\f':(' ",!
,."~. V. ..f..1 n.. d J.( L. ' " ! , '.G.'.': .' '
.~...h"<:.".,~) I i r/.L! ',_hl'
LI.
.,." : <
< -<"'n;eignborhood by providing 'eyes on the
:"';'< ':;cc':, .street' and should encourage interaction
, .......;;.':c,,:~lldcommunity identity. By creating these
""F).': opportunities for impromptu meetings,
t/ . neighbors will create natural surveillance
,:';;';'!:~\'{~ilefeeling connected to their surroundings
;,: .. 'an<;l to each other,
Attractivelighting will be located in the
","; ,neighborhood streets and in the alleys and
parks', ,Streets will include "bulb outs"
, i.d~lltifiabled-osswalks and other traffi~
. ca!rl1ing9;~vices to slow traffic and protect
pe<:lestri~rs, Guest parking will be located in
:SIR~.~;'p:f:~Ximity to the homes, Shrubs and
ttre~~z~i1lbe placed with safety as the first
qt~Mminimizing blind corners and hiding
~~;Whilestill providirig a lush streetscape
: . iJt'enhance community character,
~," '
;.,~,);ct~'Demonstrate excellent urban
.d&si~nqualities in new development.
. (CCl H) Although design guidelines are not
.' pnticipated, initial design of specific units
wou,ld include ADUs or other accessory uses
<;17J~rrlingthat they are compatible to the
main structure:
(CC2E) Architectural detail is enhanced
with the use of porches and stoops. . Active
live/work space is proposed alongSchley,
Boulevard at street level. ,.'
(CC2F) Two large active and passive parks
will be developed incorporatingexistingtrees
in their design, In addition, Street trees will-
be planted to enhance the right of ways. .
Goal CC3 Provide for a safe, pleasant and '.
rich pedestrian experience.
(CC3C) The combination of tree lined streets
with sidewalks and Greenways provide for a
safe and pleasant pedestrian experience. .
(CC3D) Currently, two transit stops serve the'
site. A third stop is planned near the mid.
point of the development.
Goal CC4 Promote the development of areas
of special character, encouraging a diversity
of communities within the city. .
(CC4A) Development standards will
encourage diversity while creating a special
character for East Park. '.
e. Land Use Element
at the Manette Neighborhood Center, as
well as the established Manette residential
neighborhood.
Select Community Character element goals
and policies directly addressed by the East
Park Sub-Area Plan include the following.
(Pages CC-14 - 24)
Goal LUl Identify and enhance distinctive
neighborhoods, communities, and Centers
throughout the city.
(LU1 E) East Park will be designed to foster
community interaction creating a sense of
place.
Goal LU2 Integrate an open space system
into the land use pattern that increases the
amount of open space, protects Bremerton's'
natural resources,and provides a source of '
beauty and enjoyment of all ~esidents.
(LU2C) East Park will provide approximately
13 acres of open space integratedthroughout
the community. Centrally located active
and passive parks will pro~ide recreation
opportunities while pedestrian green streets
will provide connections to the YMCA and
western trail system.
Goal LU3 Create an environment that will
promote growth
(LU3E) The East Park SubArea Plan
development standardswill provide
provisions to allow site specific zoning
flexibility.
'Goal LU4 Provide for walkability
Center and Neighborhoods.
(LU4B) East Park will provide a pedestrian,
circulation network,throughout the site
connecting hom'es to transit stops, YMCA
and park space.
." "'l:~'~)rfr~,']r~l(~f~U":'~~~\;I(~ '
; Lo.tl r~/tJ --:::~,-j;_~:J\~_~_~'W:~_~;:~~.;..J:..~!:_~~
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GoaILUf5#s~re)hattu,ture land uses
andlariduse paU~rnsco/'lserve and protect
,ground\Yat~r:le~o~rce,~. "",
: ~", -;,-; . , '
: . - <,\ .,:/;~,,;' -~';:,}.~<>/~.:;~:;-,~~~t. -< - -., "
,(Ll.J15B)Eas~Park,'~.p.c~posed natural storm
watersystem'j.v,illattempt tq infiltrate as
m~cfl'a.H)oss,blet().re.charge aquifer areas.
. . -', '. .. '- '-' '" "." -~ ~ ': ..,. ;-
Go~I'LL~'j~a~~t~~d irj1pl~merit appropriate
, standardsan~regl.dation~for stomwater
,:'mai1ag~rnent~jhe City of Bremerton
, 'Sh,~4Ip ~d^optand implementr~gional plans,
""#l'a!~~ies,~~~d,~~r1~ar,ds. as app~?priate,
ini;~u~irigl:!~(~ot lirr.1itedto the S~attle /King
,CountySt9:~r,nWater~MCln~al, FEM~ maps,
. ..:and.theP~~~f~Bi.i~d~~iori T~a.;n's, ~OO()
Water Q~alityJ~I,~n;.. .
...., :ijf'~~f):"i. .... ....... ...... ..' .. . .. ...........
,(LU,j'7) E~st;p~rkwilluse th~ lathtJI D .
'_~< "_'~,_< ._:>:...:~"-~"_,:,>.,,,:,,,,,,- ;""",,:,:',_ __,,' "," "" r
i; t(jr m"" ~tecist C ate g i~ s:
. - , ~ ".,,:' _ ': . _ '. ~', 0, ;~: > " .
. f..' Eta r16'rrif~6~velop ~ eht
\~lefl1.eri(D(':;i::: .::'<: .
}'f~~1~tii~t~,~~e~~rti"nisjnthe middle of an
.....aggr~.~iiX~.lt~&i!alizati9riand deve I 0 pm ent
."pr9grarT1,.":fh~:EastPark 'develop ment is
a.d..~s;~.ntj~I~J~rr~rJinachieving the City's
. visi()h~.furfe'tifly"thecity's hom~ ownership
':acf;;ul)fsfgr:'A()%fo~thetotal housing
itly~bfo~."~tc~rcJi'~gto the Mayor's office,
,:'!l1ey'e'i1"is(on thisiati(Yflipped .to 60% home
. .~wri~f$hi~:~l1d'4c:)%~ental market. East
.'.P~rk;~irlprqyi~~9,ver 400 new homes with
appr()xi.:~~t~I~~'?~<>funitsfor sale covering
a bro'\9specttumof affordable to high-end
.' h:ofu.es '.'~\:~;7lEf~\,:< .'
:c~il tCl.~~ol'i1~t~aY'ibrant environment for
, ".', ':. ,/_ ,": ~_.- "-" .'- _~_-:-" ,._'', ' -,_ ~'_.: L
'~i5,~~~l!1rc~I<J~ji:~!()pOlier1t. ,
'", '::!':_-:::-::~":\";~--" "~. ~'~>,>-":','-"- - ,'},
(EC~,c;lEastparki,sah: essential part of
~rem~rtO:n!sTeyitalization plan. Designated
" ,publicSect()rB~ae.velopment Site, the site
will bring':apRroxirnat~ly 1000 new residents
'tqtre.,city:,QIJ.er'90% or the, homes will be
.', . - . \ >:':~',,: ,~-' ::',. - >. ..
.', ."
~','{~~~Yi:<'~~\ r~~~,./~)>:~;,Jl;,,) /--;~ ',"
\ '<::t;h rl ij"ll ':J' il ,~,I! 'i:' r" :
~"~:~~~~ ,~.:Y~i~}~~' ,71f :.'.:,~r,..~:.':>Lj :,,,! ~q~~) _:,.J
." ,
;{:"'~,;:;:~"~:J~t~~ie h?mes ranging from affordable to
,,) ,::":,c':!,;h Ig~end.
;;";,.',., '.;''''' ',.~
:':'P":",'.:;;,\~:Easfpark\Nill provide a mixed use element
,;',}':;ii:..''':.;H()ff:y;heaton Way. With the close proximity
.', .:'i:~".::,' <ton~whomes, YMCA, and commercial uses,
"" :_-::the's!te',~woiJld provide a small neighborhood
:.:.ie~ailelement with potential homes above.
gj,:/:itx,S~rvi<:~ s
-;:~;;'--;-~. ',:, ;"'",;-<>c ',' _, .>', ,"'-
;>'Th~.'Sub:A'r€ta Plan for East Park calls for
, . innll dev.'efC;'pment that will contribute to
:i' ~f!ici5~t~:service provision within the City of
"~~~~:i~:~p: Redevelop~ent of the East Park
lIo.wsJor substantial new development
ve:capacity of Bremerton's existing
Hd facilities infrastructure. Efficient
'~isting infrastructure is a key tenet
",':'b',Management and sustainable
.;: . .'iM:9RJQe,nt onthe regional scale. Essential
. ",',public s'ervices such as water, sewer,
':;:,P?rks;.and schools are already in place to
. ..,..\",:,~:atcom,modatethe additional residents at
,",':; :':Jast Park. Technical Level of Service (LOS)
}st;:mdardsandinfrastructu re capacities are
'detjliled intheComprehensive Plan Volume
II, Te'chnicaI.Appendix. In General terms,
}hedevelopment intensity proposed for East
,<Parkiswellwithin thresholds established
bytbe Supplemental Environmental Impact
$1atement (SEIS) executed along with
preparation of the 20.0.4 Comprehensive
. PlaiT. .' .
:" ,'-.Co,_ ~
.c.",.
; Select City Services element goals and
'policies directly addressed by the East Park
..Sub.Area Plan include the following. (Pages
.......C~. 7 .:. 24) .
. . , .
~ -,' .C
,. '-
,'>:",G5>C\IQ10 - Encourage the safety and heath
" ./(,,<,iof residents and visitors
. :"",(",-~::,: ,;:_)~.:,:~_'-'~ c' .>;".',~ -c/o _'-'-'
!!:;^iYL,t~;(<::~].oA) Inorder to achieve comprehensive
":.:':','R!~n goal T 4E "minimize neighborhood
....... . ~}.!;:'.str:~twidths and crossing distances"
the design incorporates 16' x 60.' queuing.
lanes throughout the site. These spaces .;'
are strategically located thorough the site . .
to provide clear emergency vehicle staging'
areas. In addition to the absence of dead.
end roads, emergency access can occurfr~rr1'
multiple routes.
Goal C511 Improve citizen safety after dusk
Pedestrian lighting will be incorporated
into the landscape design providing a safe
pedestrian envi ronment.
(CSllA) East park will provide multiple
park space for both active and passive
recreational opportu nities.
Goal C514 Facilitate the provision of utilities
that are environmentally sensitive, safe
and reliable, aesthetically compatible with
surrounding land uses; and availabl.e at
reasonable economic costs.
(CS14A) New utilities will be sub.surface.
Goal C518 - Encourage a sense of place
identity within neighborhoods
(CS18A) East Park is at a unique location.
East park responds to the spectacular
views, native Madrona forest and the
providing wonderful opportunities to
sense of place. .
'. '- ',,",-.
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. L:-'/~::).iJrb ' . Lh,lP~!>:'-1...=X~l:J)
,... >;.~'ih~"S&~;t~~:!~~/~it~,rR,6n,~~d.South bound.
....,.>. .' \.0;:~5~I~ii~;(:las.~ifi~~~~~~<:.oUector arterial
i,j{;fJ:~;i,,~:~;ti$~~~l~~I~~~~~%~l~{~~;:~;
'>i', .';,'~.. ,'. '~amelo~ati?~.:':B?ripo!;itioning Magnuson,
"" "..' :it~ib~;d;th~'ae~'igh;teamto design a
", ."',, ",", ".:gril~o~d i~}'stE7~t~atintegrates into the
, ./'~xistingtgp'O,gr~~.~y while providing smaller
,....p~d~st.r~~:b:.~$~I~eb~qcks:"East Park's smaller
.' :bl?cks.~r(J:(h'~~row:streetswill create a safer
,gh~ir~n~e~irn1ini;"iiing theinfluence of
.th~'~~t6M~'Bn~a,Mc!'~!1C()u rage pedestri a n
;~adi~i ",~walks\an~,through green
I"" :t :'.:-~'-': -,':;;:{<{:t~;'>~'.--" <. -,'
Habitat
In urban areas, wjldlifecorridors.c~rikrovid~
important linkages in ~h\ghIYfr.~gm~i1te9"- '
landscape. Whenever P?s~ible,.rJrbana.r:}9 .
rural parks and openspace~shou!?b~:,P, ' .
linked to formWildlife'COrii~6rs::'The.des!g~
of East Park looked welLbeyohci tHeJite's ".
boundaries and assessed:thesurr6unding
ecosystem analyzing waystb /rJt'egrate:LJrba~"
density with natural systems: tile plan" .
preserves aprroxi~~tely 7aCre~6rry1adrona
forest adjacent city park l.iuld,addintto:the
preservation the2itihasst~rt,~q;'.~eyond the
(. "::,"-"",.'.--;,.',,
. - ~" '-~
\6e'~~fri'~'r~hensiV~ goal T 4E
'"'igh'~()rl1dod street. widths
ai~~ah;g~s'\,tht!design team
':~el-'~~t~et sections and at
:,~cihg'tHeJYpical pavement section
...... ....... ..... ......' ...{~n,!;\reer',or linear park, These
':;,gre~9;st~~ets.:~~,ul~:proyjde access to parks, ,
":'> the Y.MtA:andto.tfie~Madrona forestqnd
','::'",:,~::_ - ",' .<-':-:::,';:".-,:;'. >".":;~:;>~t',~,_,:,--,-,~;:,'-::-,;".,-,:- ','
.';/'TU-r1ction.~s'Pil;~?fthe'open. space netWork.
::"Th€!Y:~iJi;~.Ne,'R~~'eHrjar.path\'Vays that will
..':: ,;:,~Xi~qD,:ir,r9ygbt~~.ri!,jh~y,\ril r have homes
'.. .i~..tr6ntingth.~~f~~r~a,r~,:\yill. provide access to
::'":>:.p:q;~ch~}:~~q)Blfrc~md~ors~l1ile ~ehicles will
... .::~':~l~{~~I!~I~fi;i~~:;~,g,"q
->'4 sfr,ate'gii:ally:located. to: provide staging
"<. "M~asVJith'a ~i~imiJm"oftwo routes to each
'~:., " 16~a~'iq6;'~(?~~,'ernerge!1cy~vehicle coverage
",ce'5l1ibit),\"Q,Clpdit,icinJ()'green streets, the
; "'}pr~'~osec!;rq~d,S,tSij_?ns.'a!e.narrower which
'.>','L ; has beenprov:en'to'~sjow down traffic and
.- " :th~s mi~imiz'ing:pa~~d area. Other traffic
....c~l~~J~ilt:.!Yf~I~~t;~f~;'~~'~;:;:~d
'i.;,,,,~l;~o;BUir~ntcitY;[9.'adstahdards,;EClst Park
... .~:,~d!~i~~~~~~;tff,~~~~~~;~~~:~:i,~~~,i~:
existing birch trees
existing fir tree
mad rona forest
pacific dogwood
::"':~{fir~ :;j
~...-:,~':~~ "mrc~>
?jEJ/:b
existing site trees
CONCEPTUAL STORMWATER EXHIBIT
LEGEND
RAIN GARDEN
PARK (PERVIOUS SURFACE)
r'R
INFILTRATION SWAlE
~A;fi~
CONVEYANCE SWAlE
INFILTRATION TRENCH
EXISTING STORM SYSTEM
~
EB
I
~
CIRCULATION HIERARCHY EXHIBIT
LEGEND
EXISTING STREET
~~s,~.
__ lS\~lrl
NEIGHBORHOOD STREET
MAGNUSON AND EASTERN BOUNDARY
WOONERF
SW;V..I'.~<t;i!
ALLEY
GREEN STREET
lr;~\
,.
E9
J
150' offset from Wheaton Way
Street
Queuing lane
150' offset from Schley Blvd.
EMERGENCY VEHICLE COVERAGE EXHIBIT
E9
]
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~;. . . ,." ,..;..,;' ""..>
, '~()nditi6ns and initial architectural and
< !;ite con'cepts for the resident's comments,
idea~'andqLJ'esti()ris, The design team
>,. addressedcomments and questions via
:~yerbari,nterac~ion, written "post-it notes"
,,)mclernails~othe city, The following are
"5um,rn.ari~~t:>f~hepu~liC meetings,
... --~'--'~"_'\~ ~~-:;, ->-. '\
"""" ,,' '-;,~':;,:5;
,.Rublic'M~f!:lgs:
/-"t"
,l';
~...
~~;V:~
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-,., " - -:' -' ~ - ,
28JIH~e'2qo5"Neighborhood meeting at
, r,,'anett~,SenioiCenter
Presentation of the existing conditions and
design prqcess that led to two different
con~eptual!;!;iteplans, Character boards
>j.llustratingpq~entialbuilding and landscape
, '"arcbite!=tLj'rE!WE!reqi~played to facilitate
".publicseritirflent. ','
- ',';' ,'--' ' '.. ~
;', ',' , ',' /'.',.i',': ,_~ ."c<'~"-:
, .:. "~ , ; ,'~~ '.\ ",:' e, _,''-' :_:, '. ": "_ ~ ,,- _', _ . _ ,- , '
,26 JiJlY2005 -Neighborhood meeting at
)A~I'I~tieSen i~r"Center"
,-,_,-,': . . ," - """_i' ,-.
Pn~s'entationofClrevisedsite plan that
'(n,corp~'(ateqthec<:l'mr;,ents received from
'theJ~ne28,}1'l.eeting", Architectural concepts
,.i,Y'{ereadd~d;:o.'thispresentation as well as
,".<.~t!iE!~exisii9~coriditions, landscape character
f~liil~~l;~~~;~;;~;;~~ .t
'.:";,:~:,~~~~r~S?i~rpr~senWion of the existing
;:':';:::fO@i!i.C5~s',::ae'signprocess and conceptual
,,;,,~r~~it~~j.~p,~jthl~rldscape and architecture
""'()dS~fRt;~KetFhe~:,Tnis wesentation
ri~IP9~ard'e~i&n,standardsfor lot
ge~rs~fi,;,~~,~rr;: \'1; p@di~~ ;massing and street'
'1 <
~,
{!~t,
.,.-:;..,..~:-,
~'*<.:)
~~!
. "':,?~~r-'6~lr'lf~ji
, , ">';'./1 "-;l'iJ '".) j
, :"",u:,,.,,' ,:,,~i t,:.::,,\
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. . ._..",_,:.' .,:_::;:F_>:."'~:_,:~_'-'\:;\~'_'_,,_,'(. ,;":.<'" _:,_' .-. _ ,."
'1 November29C?5:-.p,I.'lrtbirigC~mmission
Workshopai ME!eting~S:~a'r1b.~r"Govern ment
Center,' L i; .";'~'.'..':0 :' ,. ':" ' ..'
Powe rp?ih(pre~.e:'1ta~i9'n:;qf!he pro posed
Sup-Area Plan} ::Ttiis!;pt~s'~rlt~ti6n i nd uded
, the cdncept~~r~i!{~I~;h,;.la ndsc~ peco nce pts,
a rcfi itectura), cha ;'ad~r.c.o'1ceptsand
proposed designstand,,~ds:;along with the
pr()c~ss.i1nd,exi stingco~'d iY~ri s ,re po rts,
-: '-':",:"
, ..
, ~ __ c- '; _ '~, ,,~- ,: :_~ ,':i.,;,_~ <- _,\>:-:" -,~ - ... <,;:,'-),:;>".',-. ;/
,is November2.00F Plannil1g:~ommission
, Hea;ing ~t Meeting C:hC!~be;~:G9.vern ment
.;~W~tt~~tfIOl~'.~'!~~~~}..
'~'...., ; ,
"
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,--~,'-' ''',', ','.' .
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.' .~'t-_<Y
\:-;,;:-~::'-"'_..'/-{C< .',--,
<,.:~
H:":~"; ""
. ~.P',:
rnQreaffordable units. A cluster unit is
ahomeclustered around a common
- -". "'
. open space.
.: .
:-,'. "': ' ~;.,
IJIho.LViil maintain open spaces? Will a
:~'ho';'~owners association manage them?
y~s; '.' .
''!Ii(lyouexplore condos at the top of the
hill to capture views and preserve internal
. views? We can explore that opportunity.
..,;....<,.,
< ,>':.',:',:'~:.\1_i~:<::(," >"it:-,::, ". ~
. IncreaSeqttClffi2'6'h~\\/~~~tb~WClY will
.... if1t~rfere witha'm,bul~n,c~:'passage to
{'i'arrjsol1,.~o~pitaL ';;'}}." . ". '.,
;,,1' .
;Scheme2 commentS:".:"';!':#j;~tiI''.:;t.. ...... ..' ..,.,
.. Keep ari.da~grn.ent'traii~;inrg~gh. forest
'.Tljis.w~d 'pattern,. ha s,:a.. b~tterJeel.tha n
thsq!he~sthe~~;t;;~.:;:;: " .,
0' >. -,''-';' - "~":'~ ,)>~" "',, ;; >,;:,:;><-:;
.', ."e~I~.i-:;'w:.~:~f!~G~..~.~:~~.f~:~JV.,...
. To attracffamfri~~.y~~will.~~~ ,.' '" I(
playgrou'nd~:'(s~ndbox. swif)'gs.\~ct:'.:)'.. ....
~.8~:i:t~~~.t-l~;}l~J~7~!'S;{ ....""..." f' ."
, . ". -;", u,'<;; 0_ d\~
. ,:> ,.~~riic~to:tf,Jrig.f,a".~il:k~~,;;'>?,
WUithere be areas for guest parking?
.. , Yes there will be guest parking on
. either the lot or the street.
. Is the developer payingfor
infrbstructure? Yes.
'Area~fotkY parking? We do not plan on
;,q~~igrJatedareas for RVs.
,T~edfi~signtea~ gave the residents .
'anoppor:tunitytCl walk around and write
::,,'anonY'!louscomments on "post-its" and
'''\pl?st'dhemo'nimage boards.
,., :,'-'- ....~ " : > :. -'f
" __,,:;f
~>>\-;~~~:.. :<<'-<::
. "Ihave s~enthis p~oject a couple times;
does th~d,ei.>eloper own the property?
Ye,s;th~developer has purchased the'
pr.op~rty.
."". .
", _-_"''''::_-;'':'lr'>':,-,~\, ,'_'-<>' "'.- I'
'Sch'emel:t:drrlments:",
:;PD't;th~tbnd6s on the north.
"'".:t..';'\_,
-:.-~P, .,<\';;
:~~1~id~rputting the madrona forestint~~'
;"ac:ons'ervation easement.
'.:- "':_~:>~;,:,.;- ;.'",', ,'~ .-:
, ';P'otfc5res!'Particylarly facing the
. '~~f.?;;~'Z;6ri~:;:~
.':;,bn;bofH~'~ide~?,;i{Hor;;i~.H"I~re room for
:;.{,;:<;~i$!~~t};:i~{;~~.~l10~~:?~::'~~?~"'0 ; . ,.'
: ';'?:~qJlathe/~;.~~.;~g~iJera Ip:arkin g area/lot
'.j;,ithir(w~J~ihgaistaricetom6st homes.
.'~?i>Ge~eI~r~~~iBi~~i~f~n;~~~:a.d".
'.'~;!g,~~~~~~?it~Harrison Hospital is
:';;"
_,,0"",-'-1"
..-''';' '
.','".
1'._.'
^ '~
':->-," ,
deveic>ptnent will bring neighborhood
activityatlda new community of
h9rrfebwnersand tenants to increase
ovefa.llsuryeillance and safety within .
. tlie deve'loprnent. Downtown Bremerton
is now changrngdrastically. If done
c:or~~Ctly,thisneighborhood will change
.th!~g~..No{e cjualitydevelopment will.'
.J~pr?\f~'the;C:lIrrent conditions of the
')Irea:. ....
-'!:-<'-<'
'. . . 'fhqt wi/l the price ranges of the homes
be? Low $200'5 to $450 is the target at
today'seconomy. Likely more at
completion. .
Didyou consider the possibility of cul-
. de-sqc~wit~in Schley Blvd. to slow .
,t/;?'
. traJj'c:...... . . . '.
.Schley.is~n arterial so cul:de-sacs o' " .
...I.wjll'nofwork;but considerations such.
ai(thiriner roadway widths" planting.:
.' .stri'ps;and parked cars can be u~e(f.to
'slowtraffi~.
~JTHiiN
conceptlla,lsiteplandiagram.
v" . " .
'"-,',".)
WbqUsthe)owest priced prod~~t, aJ'lcJ
>rc/if if;iaffofdable? Apartment- .
; . :r~nta.ls..Suggestlon to replace
. c.: apartment c1usterwithHabitat
:'\':;(9; Hurryanity homes.
. '. u_. _,' '_, ,_'__
;. ,~<c:': ~?~~f.:',a_~,,;~:,_' !,~.-~,~;..;:-~ ",;;;:. ,-
.;.~.~;~-;FlqlAi}?igisthe YrlOin park?
. ....;i;i.Ap~rri;<ir;,ately 1 acre- 2 i OX220 sf
<:~'';'';~~~'~~~,0.,'::~:~~<.'::<~ <:"'>"'. > ~,. '-,,',
.;;~f~;:,'~o~~;~,u,chopen space wi/l be left upon .
_{;~~~9inpleiion? . .
:4i.'a'creiof native growth + 5 acres Of
;::;pgb}ic.park&green space + 1-1/3 acr~'
.;";jRti~1-i.yatt"courtyard.-13 acres ()fope,oc,;
" '~~': s'p~~e = 1/4 of site. ..,
"'T,; :':.,.- .'.":,'
j'~lf~~~~!1~:~:~7~[i(~e,~~if!'..
The design team gave the residents an
opportunity to walk around and write anonymous.
comments on "post'its" and place them oh
image boards. The following are the anonymou.s .
comments:
IOF...A 8OASO:;COMMVN1TY ".Il."CHlrEcrtJ~l
Consider universal design concepts-
ramps, wider doorways, etc. .
Pedestrian access to hospital is very
important..Who will build the addition'af.
school beforeall the units are occupied?
Where will all the traffic go whet]
everyone leaves for work atthesar::ne-
time?
"Apartments are a bad
location- near ~xisting
and major school pedestrian
Please consider streetlightingthatis',
compatiblewith. "dark skies" . .
Porches!
.,. ,~
. power lines' and the sewers will be run.
underground, The alleys give a better ability.
to run wet and dry utilities separately because
onec.ang~ inthefront of the house and one
cim.go, in the back.
'.'
^-":......,--'.
<.--~...~> '- "-
. ......'<:r.;~\ f'l'qt)
..'~.' :/' 'I' J2.)rrQ i:::;\!jti/';::?
".",! J.;i~I,.::")!..JU\~
raiSeC{tr,e possipility of a future park bond
whichcouldpot~ntially be used to make
sUre fheparkSin th,s area continue intothe
futu/~:' ~.'. ,'- '-',-,-
. '~ ."'.
sign~l~t the.Wh~at~~/Sthl~y intersection
"I()Catioriduring~lj,era',Mithun indicated
,th~t tr~ffic'~.tucliesHav~f9LJnd thata signal at
theJocatioh);.Jill.'n,o.t~,e,r,Jecessary based on
'esti~at~daCld,i~i~~:a,I~~,hkle traffic
.
Comfne'hfWa~rha~teab?ut theincreas~d' " . ,'..
am,ou'ht9fpe'd~strian traffic especially Will,moret,ifY'bu);stc>psbenee'ded to service
childr~~crossing Magnuson Way and what East Park?,' ,.
could bedonejo:makeitsafer. . ......',:,.<.
'.' .,', DdJg)bhDioQofKit~apJr~nsitdiscussed
Q~estio~~w~r~.,~sked regarding the locatioh ' :,existingbi.J~}ouies'andsi'bp,~,in the vicinity. '
o(1y1tilticFaitlily h()u~i'ng,units proposed at ,'v.'~ilequs~~ops are 16c~~ed~hV/heaton,
th~ northeas(<:or~er?qheproject onth~ c. and at Magnusson; there is no intermediate
cornefofSchleYc,Blvd, and Magnuson Way; '. ,bus stop o~Sc~ley. 'The group di~'tussed
Andy Kosusko Wo~lc! prefer to see more':,.{\V~~iher.~ri'~.dgili,()naibu,s stop',&o~ld l:>e
singie-familyh6,us,ingora parkin the area '.., \",:';i, .required,cihrlgth~'.!oj:>Qgiaphiof:the~site.
citingthat ~ 'lJum&erofapartments are Kitsap :rrans}t ~D~'r0ithun ~i1L b~. Xr1,'sontact
.' ~~~~1:j~Tbc~e;;~a~~aa~~:~;ta~~i :~ti~ ~~:;~a I .to. di~,C~~S,J~%;{~~t~~i!o;',,:,."'.:' ...o.......''}.:~.: ......
..Iiked .the toqqo,rriiniqmsQn the bottom. . Sh<'lr6nC;riffiBf~()ri,:rheBreCm~rton,SchobL/
section oUhe project by Wheaton Way. Was . '''..", 'Distri(i<'lsked'tJhatJypej~fdemographic ..' '.
it possible to' get)110(e of the multiple family' . "'/'.:,,'" g'r()ups,would~eantjcipated to' occupy the'
~hn~~st~:;~~:~;~~~~::~::m~~~hr~~~i~~~' ..... ..~'~~~:~}~;j,;tiTh~~;?fr,.'.~...:.,...... .',~~..........<.....,_,,'.'..,.:..
the developer to .include 70 units of muiti-..~~t~"':;:';~Mn:fhj'Qj~'pb.rte~fth~t'st8diesindicate that
fCl ~ ily h?~ si~g',~?:~~H~;S:it,~.. M ithu,n dis cu ~.s.e9,:~~f:,:i:,',tt:~!8:~f~~~";,~!r:26'g:;0~rket"~.c>tentif.l. fo r yo un g .
thatit;rnight'bep~~~lbleto explore. other '....... '. ..1::'c';;;:,;C::'pr()fessi9Q~J'C1b,g Y9ungJa l)1i lies.
9rrapgem)~f,sJ~rtbe:rnulti-fCih1ilyunitsth~t,;, .' ." '.,'A:,,;.'c .:.. . ';,l' ,
. <;oulablenq~;eifter'rV[th.Si pglefa m ily hQusi rg.
tY.e~~:;;." "'i'.:'.8.....,~'~,.." . ,,'.,:.
> "j i_.
, ~ ~ <
,', ,'" '-""-';": '";^
, 7:55 pn1;A;.q6~s~io~hJire'vyas. passed out
.' cont~ining.fou,.qdest!6ns.~.~outthe development
. Pa.rticipa'r].!sW~re;?skeqlp"~rnail.their responses
.. ib~c.~ t8;staff;~y'J:':i~ay'p~r0b.e'':i 4, 2005
eY,' ... ;~~P,<?ip'n(Me'~Hnr;AdJ~~rlJ~8;;
~r~ti~'~i3d~~~ti~~Ji~:~13:;iC;;i?~' _,:'.:: .,.:,'. ...
~,~eFlfdeitraffit? '. '. i ,.i. y, .' '.. i .. ",:"" .......
~';,fJ1tf:~h~~e 6nce'was.a ~",
';tT';~~;;'ILflQ ;.......
,.... ")./'rlJl. O\IIJ i/. ",j'
..;.;:t"':"'t. . ,'!I Ii it \.,~,
~":" j l.. ,...,;4<~J,L:,./'.L-1t....,.,:,.._......,,",,:
" .,;-!"",:,~~ -".", ..\ .", ;"'- -,., ,:- - " .-'- -"
We.believethe,park ahdlandscaping and
"greensfreet",designwHI be a benefit to the
entirecorTlT.un,ty.TI),~ fact that this EastPark
developmentis close to downtown Bremerton
and 'c16set(lp~blictransit will also provide
enh~nEe'~'bene,fit~t()c6mmunity members who
resi~~theYeorf?rnn'lunity r;nembers who visit
resid'e,n}s,.jh~r:~~.'>'i ", . ..
/'ii'<;"'>, ..
,"',' ..-;;: -. ~'.~::
, apartment~t6.b~fl~s~rto}he YMCA and
the services tryatthe"'Y";couldClfford to its
children'andfamilies:' '
-"""<;-'-',~-,- - - > ' -
,; .,. .>:';,I:;i.''i:}')~?~~':,;/, '.
4: /s there any6tfj~rfee'dqfi~l< you would like to
. , provide?, c" ,:;.:../t:,~;..,: ',' . .
. . ~ ,<:u.rreritIY;'.Jh,e:.:~}~y~.ot'Bt~'fu,t::rtq'!',.hq~ s\~s
. approxir;natelyhalfthepo"ertyinthe County
ofKits~p. Our~ayor,our'School District, and
V!any,otrE;rsa~~.~vo~kingvd~'?~r,dto change
thfimage'ofBremertohto be more positive by
....increasingCl~ade,n,icsuCF~SS. inthe_schools and
c; ".:th(~m~;'ifiesa.nd'ope9r~uniti~spY()yiged in the
",': ;:<::ity.:Tbe. B reTgrto n:'~chooIDi stri ctl:>el ieve s
.. ';;;~ddingstillanqth~kb igB:r'ise apa~~'~nt,:wbich,
.... givel1 its I ocati~JlI;~9H.!d'reCld i Iy... revef~In~919W'
;'income uriits"8.beSDB~(adv<!rlce tbisfg[Y1rnul),ity;
. . plan..,BYCor~r~'~.w:tbi3~9cj,i~ipri ofb<;!me,;' . .';;;,;;;
; ...' owned units and ,the,mgre upscale apartment. '
: '; complex would'greatly.b,enefit our'com"muni,ty's,' ;
",_' 'Jedevelop,m~nt.. :.,'::" " ;\.,~::' ; ." "
!I~\tlft~;~ii~;;~~:;:~;~:;:;;;~;k'
" " :of develoRment: ' Fwas pleased to see that the
<~l ~ . , ~
:'d.eveI9pe~,i~goi~g towork'the'l11any old trees
. ."rn:totb'~ falJ~fsc:a pe:~~b ep,eofth.e development
..J;t,bt~~tneF~~(that~'r?lvegetCition in bio .
" .J~yst~~~'~r~a.;;p~sitiv~ej~pproa~h fn mitigating
sto'r'm~~t~rigf'?ft-:J:h~Madrona forest
...;;:~'.j~0;~I~!i~if~l,~e~~S1~t;~;t~~j!.~ri~ra,i Is system
'cQuld'beest"ablish'ed.thatwould create a distinct
'~bara9te;;'f~lth~j;~~Y;eJi~m'~nt.a ndco n n ect i v i ty
to~~~fpu"1diri'ifneighe6rh()ods a.nd.. bus inesses,
~'.:.'_,1r.._-,~~_~'~',' ':,< .,.,. ":i,'" "'<'>',
" > :'_."-." _ '," "-_",:i'~-:- ,,~',,"--:"-",_-:~,_\-::,_,-"-,:"~"'~<'~'-, .-"
>:~.,Wh(;jtfea(ur~~9ftH?p!C1nilfill provide the most
co/nrriilritYk~neftt~\<"., '. .'
f'~t feen.neopen'area~..a,n~d'the green streets will
..... .r pr'ovipefor mqr'e comml,Jnityinteraction and
'. ""recr~at';ohal~pp'6r:tqhiti~sfor ~h ildren and
"'ad@$. ..
. - . . - - . .
, ".' '-." . " '."~' . - .;
First, thereisalr~ady aplethoraof.
apartlllel1t buildings in. this veryarea
tnafar,~ cle~sely inhabited~ resulting
. ina,~?nsel1tr,ati()noflow-income
". ,famin~s:'i1ti{Our bel,iefthattnis ..
, ,'partictiiaioareai:>.fBremertorLdoes not'
'needari6thd~;~p~itme'~t,~omplex:;.' '.
· S~c6nd,:tbesepf6~0~ed' a partmenh .
'frontot1'ty1,~~ripsor1Wax~. a bu,sy",';.:,
. , thor~ughf~re:inq the ni.ain '.' . ." '.' "
.con,n~.Cti~n,p.~w~en this developrn~nt,
an.90~r'r1'1i~8Ie ~<;hool and proposed .....
. east sid~.~.I~rj1~l1tary scheioL There,
':. .i?a:darig~(il1.h~yfngsrna" children
,~hp~s.ecligi.re<:tj>:9r}thisarterial and in.
,', ,jnc~easi'~g the aensityon this walk to .
~:,:scl1()pl:rq~t~:'". '.' . '
;~~';~~~~~~:~~tPJ~lr~~i~h::."~:~~:ced. '~ith ...~:'.
:(~i~.().mW:yri ity':~ark() r more sin 151 e famil~
{~.OP1:s'jntha,t'1orth region. If a none '
:a~x~rYa>p~rtrn~riY.l'rlust .be part of the
'\'}~,~~i~/BRw~en(p:J~p~i.wewou Id
),:~~gg,~s,~;,!f1a~;if.~~located further
". {,
.i
,~ !-. ''. ,
'"" "-,,',
,:"
~~!
',;.,-:.\
Tj 1:1.:"}~r,i;.r..~.r!.' A; ^ I ~. ,
,'.'lj~L~:J'Lg:,.)L :~,~C,:,;f::lD0t{2jJj;:f}::3f: ,,'
~,-} "
,":,"i ~,,<
'., ;'i{t{.'~~:~)~~~;fj*~~'RIOnlhOI could b,
::;.;,';:;,;',.:jbeHeveHl~tthe'area inthe southeast corner
, : }'-~-:_,/:\ ,-:?'-';:.- "', >':"" . '-'. ~-' -:: " ,-,' --',:>->.:>-' . '.' '-, ,:' "'"" ....
:;:;)::!\...;),":;o,f~he,d,~v~lopm~ntwhere'the,plan calls for
";:;;~:~':.C1Pilrtmenttis'igitr~ :righ,t location but needs to
'i;:i';~::~en:lOre~[:~ati~i~;"..IJ~eI that buildings that are
':,,;/ :smallerq(~!ag~~ring~ections of the buildings
:s.y:..+; fr9ntsy.,o61geroviOe9oth contrast and greater
" .. ,":.,;:;~es.t~~ti.<a'RP~aJJrRxn .the street.
,~. -"'" , )!", -"-,>:',-,, '
. .;. .... ',{ ?};0:J~~!~;1i~':dbO'k yau would Uk, 10
':,1 feertb~tt .i\,t~.i'hited and the developer have
. given'ughtandconsideration to both
:;the' ';slty:comments and concerns.
fe:., ~6fa.ppearstobe a win-win for
i~ns,of Br~merton. The plan
'~~\l1g.iypes thatshould appeal
ographics_1 feel that city and
r,ri~ripnar~fortunate to have
:1I~~~V~fthis quality to lead the
.,>r'epe'l... .>,t;'ofE~~tPark. I expect this to
'\,,'.pe<Hiepf'oG~:shiningexamples of Bremertons'
;., ;\).:.fe,birth.ai:1dJQbe'~rl:'~xample of things to come.
, "~?,-' ,- ,. '''.:~ ',..., < _ <..' ',<:. -, :~:',,:;~~,:,:_<"-,,:'i::,';'~"~t ::','<'
\:,:,,'I~ifl~c1?:~~~~Yj~aYiFi,thkttheCity of Bremertoh,
.' De pa'rt;r~re'6f'Clf;~~rn.;.p u n ityDeve lop me nt must
',.,,<:.<:' . _' 1: ":, :',-:,< ~_' <'..", ,-,,~' ,- -" ;_ -", '
"..' aj$ignthea8pr()pri~te' priority to this project to
,;'~nsu,r~tt'jat"jl1eJLl!j~?p~aplan and the permitting
':;ipr()ces s'rrfovH9 r{.Ja rdsm oath Iy.
7.1<.-'" '., ,,' ,-~-, " :;c-;- -"" --., ~_- ,_:. -" - . .
'.., '-,<:;;:_~' l-'}'~:;;~.;~':'-'
\}> :',':'~~'~" '::;;'~-;~~:; " - '~..
-~, ~. <,-;?",.;,> n-, -. ,--. , .
',,; :;",-::(:\- c,-:' '.1'..',,,: "'s,_-\~-_., ,""'-:-
'.~:.:t
'--,';"Y,- ;.,
",...'."
.; .;. '(-"-"..-" ~,\ '
i\ ,~,_,.,
. ".:',:,';
,-.-/,' .; .1.,:"
""":;..
/__~<'.~ --.._ ',".0
"'o",i, '
. Pke the concept of green streets and
open areas.
. tike incorporating the existing trees
. into landscape. .
Madrona forest provides opportunity tQ
..make this development unique, .
. . ".. . Green streets and open spaces provide
for more community interaction and
, recreational opportunities for children
an'd adults.
...., ,-~ , r; fl.....\
! f) \"" r'l' L, IF" /'~
1_;1:1) -'l'lt<
, l.r 0:Jl~)liij~,:_'J
"":';.\
'- ,.-','- :,-< ~;~:~ '" ' "''::,: ~~" - ,'" -' '
, ttaffic}t;~Reci~llys'ch()6Ichildren,
.crossirig'rv1~gl1uson way, '
. Wiliatrafllc,sigrialbe required at Schley
. "'an~.\Vh~a~?nl'",;:~':: . ". " ,
'. . Willm'6rel;iu~~top~be needed to
"ser\li2~E'<:ls,t;e~r~?:/';" .
'. ,Currentlitherei,srtobusservice along
'Schley,Only bus:s~rvice)s at Magnuson
'at northandWh.ea,h5nat south,
... .T[a.ffictlQ\Ai concern Ji1and out of
clev~lqprrient. ..' ",'
~,-'~roh~id~;:t~afficlight atS~hl~y and
, ',' \Vheatol:1:, ' :;:,
28 June2?05 Neighborhood Meeting.;:f!o\V\...i!I'rv1a~ettt:Bridgecons~~uction
Will'the roClds have sidewalks?::a(tecitfaf~6?<':,> ,.,';;',
Additi9nal trips on Schley will occur. Are ".Add b~~st9P:Cltc~nterofpr~jecton
you going to assess the traffic impacts?Schleyr~r()~iaed.service is e(<tendedtoJ.
..Insri.<l~ed traffic on Wheaton Waythissti;eeLi';::'~<;" " . '. ,
will interfe~~ with ambulance passage to'. , ". ..;,Lik~ t~(I~~.~tion' of the devel(~pment-in
""Ha.rris()nHo~p~taL' .. '. ,_, '~ilst.BreIT!.e~~~:
- ..,~his road pattern ~as a betterJeelthan "~,'." .,<
"~b~other~cherjle: . . ."":.'.. . . " .
~~.J~i~~[~~~gi;:;';~,::e;;;;':b" 'j{~ll~i~;~fg~I~~;,~~;t,~
-~c<:>ngesied.;Can it be controlled? '.' ,'<f~" 'Ple~se pe, sure there'are some single-
.' < ..Conc:~rrlthat n.orthbound traffic" .,' (. 'Ie'vel (accessible) uni,ts'. Good for elderly
,/~'io.:rnaOslstores will be congested and ; _ " :,> and h~'ndicapped., ,
':;.'~c[~ilg~i'bus. '.' ' :. "/: '. Consic!er placing the homes to maximize
" . -~qonc~:!1Jor pedestrian traffic and.- " ,: _ ',":,:,\'i~~~.: ,',;', ....
, _.j : ,'cHilqre'r'Lwalking to the new school. ..... ".' . ">"".. .. .... ,
....i;j.~;~SW~~~~iit;h:~d~;:~e~ ~~~~;~~;~~~ ",; .Fi;:;I!'!I!~,z~~~~:;:;~~eHng
.2rra'ffi~_~~i;r'<- ..' .' .:'Y~::,r .... ,. . ~0r~i,gerf_9Qiv~rsal design concepts -
''lAri:th~re'only;sidewalks on Schley Blv9El~,;1.;--': rcHYlP?; w.iP~r:do6rways, etc.
i:i;~,'t~S::J,r1,thatthe density and height oy;Z;;;::.;" :''':'' ,<<";':'.''': '. "
'!o~~9Sirl1~~ 0 n Sch ley wi II in ere a se .' :6 dcto~e.r;iqo5:S~a~E7holder~ M eetin g
, .' ': ..... ..~~P~~,~~':i:dactivit/ of traffic. . .......;W~~ti~tb~,o>>'er.f1?hip agreement with
~~~.~~~J:~,;:,;,;';i'~;~h.....,.ce.~..'..f,~.';.r;.;e.,.~....n..'w_._.'.ti'~I..;..e!. jlt,r...s./e.~,..'~,t';r.','.a..p.r.,.e"ffi:'c~:g' 0 wh en :;..~i~tCRf&,~';~:~; ~i th dive rs e
',.>.,rl' .'. '. . . '~~;A'ogr'~phii~ix~/' ,..., ",
es:wof'R~a'tth'e same time? .'Mixeduse shouldcontainretail and
;~::':'~}f::;l~Jf;," ,:,,":'~d,1s.ibi~ otTic~'at1d/orcondos above.
~~~S.'S!~kehqiders Meeti~g L,i.k~h~.,~?:m~()Y;mer houses.
JhJ-).!:,,;.:~99~i th_~ "increased ped.~$tr(an ".'
,~6~tV >\i;.'~>_,:,: :->" , - . .'
.C" ._" ,
26Ju1Y200S Neighborhood Meeting
. No comments.
" :"-.-,'--",
. J-.,~.~>,.'~ ~\->..'
~. ii ~ -,;-.'>
. ',"- , - '- ~ ' .
. .,: ,,'''.
. ,-',"-." "<,-,,, :'~'-'-- .
. ~o~dsltf~fl1c
existing apartments NE of the site.
Is there a way to analyze the existing
. conditions in the existing apartment
complex NE of the site?
Apartments are a bad idea at this
location - near overcrowded area and
major school pedestrian route.
I think you have put a lot of thought into
planning. .
. '5 S!::ikeholde~s Meeting: . .
i'lf~;theu'ti.lities going to be run?
fi~~~co)ogic~llysound Low Impa~t
., opmerii:'approach. '
~J~~~)~~l:.7\:"'.- .
.6 October 2005 Stakeholders Meeting
, Concern about the apartments at the
NE corner. Should be single~family
. housing.
Like the integration of the plan, units
and topography,
'.Re-evaluate the location of apartments
in the N E corner.
. .Houses too close together with shared
apartment buildings inthis
'~,-.' '< ,,'.
j;~~;~~i~~r!~'h~d
'. . ..';;)f.;:W.ill,:~qy'~~pI9iecoQdos at
',J.?;""; .JJhjll't~'capfure'vie-ws and preserve
. ::. :. >! bLiqf~!.~.~t::y'je~;;?:. ...... . . '
. ;;;~ ,~":PLJtthe:~ondos on the north.
. .Ii , "c_/,;~ iF"-- .'.' -, - --
> .,.- . -Multi~far;nijy along Schley is good.
~--",,-, '>'-"--' ~/'\''!.''';' "'"f:" ~,V"{"._ . ~;~,:t~.,:~':,;.~_":~:~'_-":
) ;~ . ,./ ",,...' ,,~,- ,"'.>'".? -,; -
',26 July 2005 Neighborhood Meeting
"., .0,:, c:omparison of proposed number o(>j<
.. ,';.,:,'q~j!st?c:lll'rent zoning maximum.units?(:
".~.:,Willtb,~re ~ecomperisation forcurrer)t
~:~~resi'd~nt'son Callahan in regard to lost
,. - " - '-' " .-, _ 1 --.,' - ,-,,' ~,' '_ ,'" ;' ",. _-' -, _ - , ' .
;?,~.>:,:(jiewsft.... '.
. . .....~ ';,'~ '":'Ca,,rl1h.~:apa1rnents on the nor!h c9rnet'
, :;:,:,;,~i;:d;\::~ii'~~~f~1~~t~f.~?rs p'read th roughouttbe.
,>,.>i'" . ~,.' ~oncernthat the c1ustenng of
'~j;~'b;"i:i1;~~!;f:};~~~arn~rts'y:tpllead to increased'
,.......:;~-~,:;. ':.l';!.}t~Jf~+'fZ~~:~tl~~ ~r'~r~~ ~: i::::i ~sn s/;;:~ ~.
. <-;.>"; ~ . ""; ,. \ . .'. .
F.',~\:,_..~r~~;&.~~~';~H~.~0 :. :-.0.,
.~. ~, ,.
should be in
portion of site.
notes are Mithun's interpretation,
discussed,
.. " ..'.
. .
" ' .
,"Jh,freViewperiod from the initial, schemes to ",'
'.,'fBf'prgpos,ecfplan. took place over asixmonth,
',.:pn(perlodto a,lIow for maximum anglysisa.nd
Yif:~'eq~~ckfrbrrlall'interested parties. The
';~i~"{''riicompiled and through the design
'pd~de~ tothe com ments. As a result of the
"'irhation a~sessment arid public input . ,,'
generated a revised Master
site plan).
The evolution of the East
Park neighborhood was
developed into a sub-area
plan map. This map divides
the neighborhood into
different zones. Each with
different design standards
for; home type, building
height, setbacks, allowable
uses, required open space,
road designation, park and
conservation locations
(See development
standards section).
1'-10
ec
r.l0
1'-10
r-,o
legend
low density
area: 7.0 acres approximately
maximum density: 12 dua
medium density
area: '3-44 acres approximately
maximum density: 25 dua
high density
area: 9.02 acres approximately
maximum density: 50 dua
mixed use
area: 4-44 acres approximately
maximum density: 50 dua
open space
area: '3.'0 acres approximately
maximum allowable density means the number of dwell-
ings per net acres stated by the zoning code
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Low Density
The Sub-Area Plan incorporates approximately 7
acres of land designated low density single family.
The density in this area will be a maximum Of12
dua and will include primarily larger single family
homes.
Allowable Uses
Detached single-family residences
Traditional Single Family lot
/MIN. 'S STREET
SETBACK
MIN. 18' SETBACK
TO GARAGE
(5' SETBACK WHEN
SIDELOADED GARAGE)
MIN. 5' FRONTVA!<D
SETBACK
STREET
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Traditional Single Family Lot-
Side Load Garage
STREET
Medium Density
The Sub-Area Plan incorporates approximately '4
acres of land designated medium density single
family. The density in this area will be a maximum
of 25 dua and will include primarily compatible unit
types ranging from smaller single family homes to
mid-size single family homes.
Allowable Uses
Detached single-family residences
Accessory dwelling units
Cluster developments
Carriage units
Single Family Alley Lot
MIN. 5' STREET
SETBACK
ALLEY
STREET
maximUm building mass
lot requirements
additional standards
building height - 35' measured
from average finished grade to
average roof height
building coverage - 766;9
developmei:1t cQverage - 75 %
.' .
minimum lot size~ 2000 sq ft
minimum lot width - 34'
miniriuim lot depth - 60'
open space- 300 sq ft
street setback-s' minimum
re,ar.setback- o'l1)inimum at .
alley and A' minimum to garage
do{) r .
sicJesetback-4' minimum
parking: 2 stalls
Single Family Lot with Basement Garage
MIN. 4' SETBACK TO
GARAGE DOOR
MIN. 5' FRONT YARD
SETBACK
buildil1g mass
lot requirements
additional standards
buildingh~ight - 35; measured
frwn average finished grade to
average roof height
building coverage - 70%
development coverage -75%
minimum lot size - .1700 sq ft.
minimum lot width - 34'
minimum lot depth - 50'
street, setback - 5' minimum
side setback- 4' minimym
rear setback - 0' minimum at
alley and .4'to garage door
open space" 300 sq ft
parking - 2 spaces
Cluster Development Lot
MIN 15' BUILDING
SEPERATION ON
FACADE WI PATIO OR
PRINCIPAL
ENTRANCE
MIN. 5' STREET
SETBACK
MIN. 5' FRONT YARD
SETBACK
lot requirements
additio.nal.standards
building height -35' measured
from average finished grade to ..
average roof height
building coverage - 70%
development coverage -75%
minimum lot size . 1700 sq ft
minimum lot width -34'
minimum lot depth - 50'
street setb~ck - 5' minimum
side setback- 4' minimum
rear setback- 4' minimum
open space- 200 sq ft on lot
and or common green
parking- oneoffstreetspace nq
more than 15()' frQrn the dwell-
ing it serves.
The Sub-Area Plan incorporates approximately 10
acres of land designated high density single family
density. The density in this land use designation
will be a maximum of 50 dua and will allow for
a variety of compatible unit types ranging from
carriage units to town homes and residences with
live/work capabilities.
Allowable Uses
Detached single-family residences
Accessory dwelling units
Cluster developments
". Carriage units
Attached single-family residences
Live/work units
Single Family Lot with Carriage Garage
ALlEY
MIN 4' REAR ~-
YARD SETBACK OR
0' IF ATTACHED
building mass
. residential lot
building h~ight -35' measLJred
from average finished grade to
average roof height
building coverage c 75%
development coverage- 85%
. carriage lot
building height - 35' measured'
from average finished grade to
average roof height
building cover~ge- 80%
development coverage- 90%
RECIPRICAl USE /" MJN. 4' SETBACK TO
EASEME~'T GARAGE DOOR
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'j /" MIN. 4' SlOE YARD
",: / SETBACK
:V
./ MIN, 10' SEPERATION
BETWEEN CARRIAGE
AND RESlDENCE OR
O'IF ATTACHED
STREET
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additional standards,
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lotrequirements
. residential lot
l11inil11um lot size - 2,500 sq ft
minimum lot width - 46' .
minimul11 lOt depth - 56' .
~treet.setback,- '5; 'minimum
sidesetback- 4'minimum
rear setback~o' minimum toalc'
ley and 4' to garage door
parking c2sta/ls .
open space - 3Qo sq ft
. carriage lot:
minimumlot size -85osq ft
minimum lot width ~ 32'
minimum I()t depthc 28'
streEltsetback c 5'min ,
side setback-4' mininiul11 oro'
ifattached ' '
rearsetback- 0' m'inimum to
alley and 4' to gai'age door
parking'l stall '. ,
open space - 0 sq ft
Townhome lot
MIN. S' STREET
SETBACK
ALLEY
STREET
MIN. S' FRONT YARD
SETBACK
MIN. 10' AVERAGE
SEPERATION
BETWEEN BUILDING
GROUPS
additional standards
building height, 40' measured
from average finished gradeto
average roof height .
building coverage- 80%
develOPment coverage - 90% .
minimum lot size- 1500 sq ft
minimum lot width - 20'
trlinim\lmlot depth - 78'
streetsetback- 5' minimum
side setback- 4' minimum9r
attached
rear setback" 0' minimum to
alley and4' t6 garage door .
open space" 200 sq ft
parking-2 stalls
Townhome with Basement Garage lot
MIN. 5' STREET
SETBACK
ALLEY
. MIN. 4' SETBACK TO
GARAGE DOOR
MIN. 10' AVERAGE
SEPERA TION
BETWEEN BUILDING
GROUPS
building mass
lot requirements
additional standards
building height - 40' measured
from average finished grade to
average roof height
building coverage - 95%
development coverage - 100%
minin1Umlot size-600 sCj ft
minimum lot width - 14'
minimum lot depth ~ 44!
street setback - 5' minimum
side setbaek- 4' minimum or
attached
rear setbaek- 0' minimum to al-
leyand 4' to garage door
open space -60 sq ft deck or
parer
parking - 1 stall per unit with 2
stallsfor 2 or more bedroom
units
The Sub-Area Plan incorporates approximately 4
acres of land designated mixed use. The density
in this area will be a maximum of 50 dua and will
allow unit types ranging from apartment to luxury
multi-family homes. In addition, a commercial
element could be incorporated into the mixed use
designation.
Allowable Uses
Mixed use multi-family with retail or office
space on main floor of residential building
Detached single-family residences
Accessory dwelling units
Cluster developments
Carriage units
Attached single-family residences
Live/work units
c,",;<"
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.:~~
building mass
lot requirements
additional standards
building height c 60' measured
from average finished grade to
average roof height.
building coverage - 90%
development coverage - ]00%
street setback - 0' minimum
other setback- ]0' minimum
residential parking-
1 perone bedroom unit
2 perl or more bedroom unit
openspace~io% of site usable
gener~1 retai.' and office and
businessservice!iparkiflg- 2 sao
sq ft exempt Jr6m parking and
off street loading spaces .
Retail, commercial oroffice
space isallowed at ground level
with residential us~sabove. '.
Stand alone buildings of retail,
commercial. or office buildings
are not permitted.
Open Space
The City of Bremerton has identified the need to increase
the City's supply of parks and open space. Currently, the
level of service for "local park" space is 1.48 acres per 1000
residents and an additional 2.21 acres of "open space" for a
total of 3.69 acres per 1000 residents (this does not include
"regional" open space). The design of the East Park Sub-
Area Plan will house approximately 1100 new residents and
provide approximately 25% of the entire site as open space.
This will exceed Bremerton's current level of park and open
space service for this neighborhood by over 270%.
Goals and Strategies:
· Create a more livable and beautiful
community through park and open
space design. Parks will be designed
to encourage and support social
interaction.
Establish a hierarchy and variety of
parks and open spaces for a variety of
age groups such as conservation areas,
neighborhood parks, active parks, trails
and sitting areas under trees to meet
the diverse needs of all residents.
· Design active parks to maximize use
by locating areas for easy supervision
-:: e.g. within close proximity of homes,
maximizing supervision from homes
and the community at large and by
providing appropriate lighting.
· Build durable parks and reduce
maintenance costs, using low
maintenance and sustainable
landscaping.
· Include porches adjacent parks to
increase community interaction.
Provide adequate sized trash and
recycling bins in park areas.
Create open spaces easily accessible to
residents.
· Create public viewing areas.
· Use open spaces for water quality.
· Provide for the Urban Trail along the
south portion of the site.
· Provide a functional wildlife corridor
linking the Madrona Forest on the west
to the Riparian Corridor on the east.
Conservation Open Space
The Sub-Area plan incorporates
approximately 7 acres of land
designated conservation open space.
This space includes the madrona forest
to the west and an area adjacent to the
riparian corridor southeast of the site.
Active Open Space
The Sub-Area Plan incorporates
approximately 4 acres of land
designated as active open space.
This space is comprised of
approximately two one acre parks and
open corridors connecting the YMCA
and madrona forest to the entire
neighborhood. The park areas should
provide for group and small athletic
activities. These areas may include
play structures, or other recreational
featu res.
Passive Open Space
The Sub-Area Plan incorporates
approximately 1 acre ofland
designated as passive open space.
One space is located at the
intersection of Schley and Magnuson.
Currently, this area has a Kitsap Transit
stop and a "makeshift" park space
under the canopy of a Madrona, Fir,
and Maple cluster. The new park space
has been built off of these features and
will be expanded to create a sense of
entry arrival from the north and east.
Additional space is located across
YMCA. This space will include existing
trees and viewing areas.
Tree Preservation Open Space
The Sub-Area Plan incorporates
approximately 1 acre of land designated as
tree preservation open space. Although
other trees will be saved, this space is
protecting three significant oak trees.
East Park LLC and the design team feel
this area should have additional attention
to ensure tree preservation. Before
construction a certified arborist shall write
a report and clearly outline necessary
steps to ensure survival during and after
construction. Similar to the passive
open space to the northeast, this area will
enhance the neighborhood and serve as
an arrival element from Wheaton Way.
CIRCULATION HIERARCHY EXHIBIT
LEGEND
EXISTINC STREET
~.~"'~;
NEIGHBORHOOD STREET
...............
MAGNUSON AND EASTERN BOUNDARY
-..,.
WOONERF
ALLEY
GREEN STREET
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.,
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E9
.J
Public Ways
The circulation system and
street design was created
to provide neighborhood
connectivity while emphasizing
pedestrian and low speed auto
access. Schley Boulevard was
left in its original alignment
to conserve existing utilities.
It is proposed to be widened
to include parking and curb
returns to both sides as traffic
calming measures. A grid
system was designed to provide
multiple routes to each home.
Neighborhood streets are one
lane two way tree lined roads
with sidewalks. A variation of
this street is the Country Lane
that forms a transition to the
edge homes and conservation
areas. Alleys and the woonerf
separate garages and services
from the pedestrian friendly
neighborhood streets.
1PruJ@[]0cs; ~~
RE\'ISED
Schley Boulevard
Schley Boulevard will remain in the same
location and serve as the north-south arte-
rial through the site connecting Sylvan and
Wheaton Way. Schley Boulevard will have two
travel lanes with on street parking on both
sides. Two large planting areas will buffer the
sidewalks providing a pedestrian friendly envi-
ronment. Auto access to homes on Schley will
be served from alleys or the woonerf.
5'~On 5'-0" i-a" i-a"
min
setback walk planting parking
]'-0"
parking
11'-0"
drive lane
11'-0"
drive lane
]'-0"
planting
60'-0" ROW
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Neighborhood Street
The neighborhood street is designed to serve
as an urban residential access street The
neighborhood street will have a traveling lane
and street parking on both sides. Queuing
lanes will provide emergency vehicle staging
areas and passing opportunities The uphill
side of the neighborhood street will have a
planting area and sidewalk. The downhill side
of the road will have bioswales that will serve
as a part of East Park's natural storm water
system, Behind the swale will be a sidewalk.
5'.0"
min 5"0"
setback wa I k
10'00"
bioswale
7'.0"
parking
12'.0"
drive lane
7"0"
parking
5"0"
min
setback
5"0"
plantin
5"0"
walk
51'-0" ROW
Queuing Lane
This section is a service area for emergency
vehicles. By incorporating a grid circula-
tion pattern and 16' x 60' queuing lanes
throughout the neighborhood, each house
can be served from multiple routes and
locations.
5"0"
walk
15"0"
bioswale
V)
16'-0"
drive lane
10"0"
planting
5'-0"
walk
51'-0"ROW
Country Lane
Magnuson Street and the Country Lane are
designed to serve the east and west edge
neighborhoods. This section is very similar
to the neighborhood street however, guest
parking will be provided on each individual lot.
This allows the removal of parking on one side
to minimize pavement and incorporate a bio-
swale in its place as part of East Park's natural
storm water system. This road section would
resemble a typical country road without curb,
gutter and sidewalk on one side. I n place of a
typical sidewalk will be a 2' ribbon of concrete
between the bioswale and driving lane to serve
as a pedestrian pathway. The uphill side of the
country lane will have a planting area and a
sidewalk to match the neighborhood street.
5'-0"
min
setback
5'-0" 5'-0"
walk planting
7'-0"
parking
5'-0"
min
setback
11'-0"
drive lane
2'
11'-0"
bioswale
1'-0" ROW
5'-0"
min
setbac
4'-0'
path
11'-0"
drive lane
11'-0"
bioswale
43'-0" ROW
Magnuson
Magnuson Street and the Country Lane are
designed to serve the east and west edge
neighborhoods. This section is very similar
to the neighborhood street however, guest
parking will be provided on each individual lot.
This allows the removal of parking on one side
to minimize pavement and incorporate a bio-
swale in its place as part of East Park's natural
storm water system. This road section would
resemble a typical country road without curb,
gutter and sidewalk on one side. In place of a
typical sidewalk will be a 4' ribbon of concrete
between the bioswale and driving lane to serve
as a pedestrian pathway. The uphill side of the
country lane will have a planting area and a
sidewalk to match the neighborhood street.
i-a" 5'-0"
parking plantin
5'-0"
min
setback
5'-0"
walk
Woonerf Fire Lane Section
"Woonerf" is a Dutch term for a common space
to be shared by pedestrians, bicyclists, and
low-speed motor vehicles. They are typically
narrow streets without curbs and sidewalks, and
vehicles are slowed by placing trees, planters,
parking areas, and other obstacles in the street.
Motorists become the intruders and must travel
at very low speeds below 10 mph. This makes a
street available for public use that is essentially
only intended for local residents, pedestrians
and guests. The woonerf will be designed to a
16' section (clear) to accommodate emergency
vehicles and will serve as a fire lane.
4'-0"
min 2'
etback
to garage doors
16'-0"
drive lane
4'-0"
2' min
setback
20'-0" ROW
to garage doors
Alley Section
Alleys are an essential element for a suc-
cessful pedestrian oriented community. By
providing alleys, the automobile accesses
the home from the back allowing porches
and architectural details to dominate the
public realm.
4'-0"
min 2'
setback
to garage doors
121.0"
drive lane
4'-0"
2' mtn
setback
16'-0" ROW
to garage doors
Wildlife Corridor Street Section
The Wildlife Corridor is a a minimum 50' wide
public right of way that runs where a street
would typically exist. This corridor connects
the Madrona Forest on the western edge of
the site to the Riparian Corridor to the east.
The wildlife corridor is planted with native
vegetation allowing wildlife to safely travel
between natural habitat areas within the region.
This public way section also incorporates
bioswales and infiltration space and serves as a
part of East Park's natural storm water system.
* walk meanders through habitat corridor.
50'-0" min. ROW
Pedestrian Green Street Section
Green streets are 40' wide "pedestrian"
public right of ways that run where streets
would typically exist. These green streets
lead to parks, the YMCA, and all areas of the
neighborhood forming an open space network.
They will have homes fronting the greens and
will provide access to porches and to front
doors. Green streets also provide a safe area
where neighbors can gather together as well as
a place for children to play in close proximity
to their homes while parents keep a watchful
eye. This public way section also incorporates
bioswales and infiltration space and serves as a
part of East Park's natural storm water system.
mln
setback
5"0"
walk
30"0"
green
5"0"
walk
40'-0" ROW
Pedestrian Lane Section
The pedestrian lane section helps create a
network of sidewalks and other public paths
throughout the neighborhood for pedestrian
connectivity. They provide access to land-locked
lots in cluster developments and provide oppor-
tunities for interaction and activity. A pedestrian
lane will be provided to all homes that do not
front on a neighborhood street, green street,
park or common green. Pedestrian lanes shall
be a minimum of lS feet wide with a minimum
S-foot sidewalk.
5' -0" 5' -0" 5' -0"
setback walk setback
15'-0"
Access Easement
Cluster Homes
Existing Trees
Luxury Apartments/Condos
SITE DATA
. Current zoning: MF, 8.18 dua
-Interim rezone: R.IO, max. 10 dua, min. 5 dua
. Development Process. Comprehensive Plan Designation of Public
. Sector Redevelopment Site and Master Development Zone
eOPEN SPACE SUMMARY
UNIT SUMMARY
. Site:
. Native Growth Area
. Public Parks:
. Private Open Space:
. Total Open Space:
47 Acres
6.8] Acres
5.03 Acres
1.35 Acres
13.25 Acres
. Front loaded Single Family.
.; Alley Loaded Single Family:
~'Carriage Unit:
. Cluster Unit:
. Townhomes:
-. Luxury Apartments/Condos:
. Ret..il
52umts
87 units
.42 units
42 units
llgunits
66 units
4.000 sq ft
. Tota! Units:
408 units
EB
;Q~C
,
-co
DEPARTMENT OF
COMMUNITY DEVELOPMENT
MEMORANDUM
Date:
Re:
City Council f'\ C\V
Andrea L. Spencer, Planning Manager W
January 4, 2006
East Park Sub-Area Plan - Planning Commission Recommendation
To:
From:
The Planning Commission and Staff are pleased to present to the City Council the East
Park Sub-Area Plan. The Planning Commission has recommended that the City
Council adopt the Sub-Area Plan including two primary components; 1) an amendment
to the Bremerton Comprehensive Plan by adding the East Park Sub-Area Plan and, 2)
an amendment to the Title 20 Zoning Code Chapter 20.80 to activate the development
regulations. The plan, as recommended by the Planning Commission, is included for
your consideration as Exhibit B to the adoption ordinance.
INTRODUCTION
East Park is a forty-six (46) acre vacant site in East Bremerton that was previously Navy
housing and is designated in the 2004 Comprehensive Plan as a Public Sector
Redevelopment Site (PSRS). The developer, East Park LLC, purchased the site from
the City of Bremerton according to a development agreement and has worked with the
City to prepare the proposed East Park Sub-Area Plan. Several community and
stakeholder meetings were held between June 2005 and the present. The draft plan
was submitted to DCD on October 27, 2005, and was presented to the Planning
Commission on November 1, 2005, at a special workshop meeting. A public hearing
was held on November 15, 2005 and the Commission continued deliberation to their
December 20, 2005 meeting (minutes from each of the Commission's meetings are
included in Attachment I).
The purpose of the sub-area plan is to establish a detailed development plan for the
project site and create development regulations that govern the subject property
consistent with the plan. The Sub-Area Plan is required to include the following
elements 1) Demonstration of Comprehensive Plan Consistency 2) Development
Standards (or site specific "zoning") and 3) Public Participation P(ocess.
Over the past several months the developer 'of East Park has worked with city staff and
created a plan that includes the requisite items. The Planning Commission has
recommended to the City Council to include the plan as an element of the
Comprehensive Plan and Zoning Code. The discussion that follows summarizes how
the Plan meets City goals and how it will be adopted and implemented.
ANAL YSIS
The Sub-Area Plan is designed to include the key items identified above, and meet the
standards for a Sub-Area Plan as outlined in the BMC Title 20.80 (Master Development
Zone). The discussion below demonstrates how the Plan meets the requirements of the
BMC. The Planning Commission "Findings and Conclusions" demonstrates in greater
detail how the proposal meets these requirements, see Exhibit A attached to the draft
ordinance.
Comprehensive Plan Consistency - The Comprehensive Plan identifies the East
Park area as a site for future sub-area planning. The purpose of the plan is to be a
specific and more detailed plan that fits within the framework of the Comprehensive
Plan. The East Park Sub-Area Plan document includes a full section (Pgs. 4 - 11)
illustrating how it is consistent with the goals and policies of the Comprehensive Plan.
Development Standards - Since the Plan will also function as site-specific zoning after
adoption, enforceable development standards are necessary. The proposed
Development Standards will apply to the site even if the developing entity changes. The
standards will also govern future redevelopment of lots. The Plan provides detailed
development standards (Pgs. 40 - 71) according to five (5) land use designations in the
study area: Low Density; Medium Density; High Density; Mixed Use; and Open Space.
The Plan also cross-references to the BMC Title 20 for necessary general development
standards for items such as signage (Pg. 40).
Public Participation Process - A public participation process for the East Park Sub-
Area Plan has been ongoing since June of 2005. The Sub-Area Plan includes a full
section on Public Process and documents the findings in detail (Pgs. 21 - 37). In
addition, an East Park Stakeholder Committee was assembled to solicit further
community feedback. The site was posted with large display boards for the duration of
the Sub-Area Planning process. Planning Commission also conducted two meetings on
November 1, 2005 (a workshop) and November 15, 2005 (public hearing) requesting
public comment. Participation for the Sub-Area Plan has met and exceeded that
required per BMC 20.80.
Plan Implementation - Once adopted, the sub-area plan will become an integral part
of both the City's Comprehensive Plan and Zoning Code. First, the Planning
Commission is recommending that the Comprehensive Plan be amended to include the
East Park Sub-Area Plan. This amendment is enabled by the Land Use element, page
LU-24, and identifies PSRS sites as areas where specific area plans (or sub-area plans)
should be developed. Second, the Planning Commission is recommending that the
zoning code be amended to include a reference to the .adoption ordinance for the plan,
see details in the proposed ordinance.
The reader should note that it is acceptable to bring forward this Comprehensive Plan
amendment at this time because amendments may be considered more frequently than
once per year with the initial adoption of a sub-area plan so long as it does not modify
the comprehensive plan policies and designations (see RCW 36.70A.130 (2)(i)).
SEPA
The East Park Sub-Area Plan application requires State Environmental Policy Act
(SEPA) review. A SEPA checklist and supporting traffic analysis was submitted along
with the Sub-Area Plan on October 2th. Staff completed review of the Sub-Area Plan
for environmental impacts and issued an Anticipated Mitigated Determination of Non-
Significance (MONS) on November 7, 2005. Staff determined that with several
mitigating measures the proposal's environmental impacts will be decreased to a non-
significant level - meaning no Environmental Impact Statement (EIS) will be required.
Staff received comments on the mitigation measures, made revisions, and then issued
a Final MONS on November 23, 2005 (see Attachment II). There was an appeal
deadline of December 5, 2005 and no appeals were filed.
OPTIONS
1. Adopt the proposed ordinance to amend the Comprehensive Plan to include the
East Park Sub-Area Plan and amend the BMC Chapter 20.80.080 to activate the
development standards of the East Park Sub-Area.Plan.
2. Take no official action on the East Park Sub-Area Plan, continue deliberation,
and make additional revisions before moving on the East Park Sub-Area Plan.
ATTACHMENTS
Attachment I: Planning Commission Meeting Minutes:
. November 1, 2005 (Workshop)
. November 15, 2005 (Public Hearing)
. December 20,2005 (Deliberation)
Attachment II: SEPA Mitigated Determination of Non-significance (MONS)
Attachment I:
Planning Commission Meeting Minutes:
November 1, 2005 (Workshop)
Attachment I
Minutes for
City of Bremerton Planning Commission
Special Meeting
November 1, 2005
I. Call to Order
The meeting was called to order by Commissioner Streissguth at 5:30 p.m.
II. Roll Call
Those present were: Commissioner Cockburn, Commissioner Hoell, Commissioner Kennedy,
Commissioner Kosusko, and Commissioner Streissguth. Quorum certified.
Also present: Chris Hugo, Andrea Spencer, and Pam Wilson (City staff).
III. Approval of Agenda
Commissioner Streissguth introduced the agenda. It was agreed by general consensus to
approve the agenda as presented.
IV. Public Meeting
A. Workshop Presentation of East Park Sub-Area Plan
1) Presentation given by Dick Bruskrud, Mithun Architects, Planners &
Landscape Architects, on the East Park Sub Area Plan. The presentation slides
corresponded to the packets distributed to City Staff and Planning Commissioners
prior to the workshop (included in this file). Dick gave an overview of the
location of East Park, pointing out large trees on the site that will be integrated
into the proposed design as well as a madrona forest along the west side of the site
and a riparian forest along the east side. His presentation covered residential
densities, street widths, open spaces, and new ideas for vehicle and pedestrian
traffic flows.
Commissioner Hoell asked for more information on the queuing lanes. Dick
explained that on streets longer than 200 feet there would be a queuing lane to
provide staging areas for emergency vehicles and to give passing space for cars
coming from the opposite direction.
Commissioner Streissguth asked if the traffic analysis on the queuing lanes
reflected the volume of traffic generated by this project. Dick replied that there
would be a low volume of traffic on the streets as most of the buildings are
Planning Commission Meeting
November 1, 2005
Page 1 of 6
Attachment I
accessed through the alleys. The residences are provided two off-street parking
spaces each so street parking would be mostly for visitors.
Commissioner Kosusko asked how many off-street parking spaces there were.
Dick did not have a definite count for him but estimated one to two guest spaces
per unit.
Commissioner Cockburn wanted to know if trees would be planted in the two-
foot wide tree planting areas shown in the alleys. Dick called it a public right of
way and explained that every 30 to 60 feet there would be an eight foot open
space.
Commissioner Streissguth asked for clarification on the carriage houses and
wanted to know if some of them would be "zero lot-line" garages with ADUs.
Dick explained that the carriage houses are designated on lots at the perimeter of
the development where the lots are wider at the back than they are at the front.
This would provide enough room for the SFR to have a two car garage plus the
carriage house which mayor may not be attached, creating the need for a zero lot-
line if they are attached.
Commissioner Hoell asked for more information on the green streets. Dick gave
a description of the green streets, one running north/south and the other running
east/west. The streets would have sidewalks on both sides plus a planting strip
down the center of the street with as few houses facing the street as possible. The
streets are designed to connect open spaces and the forest areas.
Chris noted that the materials distributed by Mithun appeared to show an
evolution of the design because some of what was presented at the beginning of
the booklet changed further into the presentation. Dick agreed, saying that from
page 34 on reflected the current presentation. The mixed use area to the south of
the development is an example of this evolution.
Chris reminded the Commissioners that they would be recommending to Council
the proposed standards and not the sketches provided by Mithun.
Commissioner Kosusko noted that the proposed plan reflected a density of less
than 10 units per acre which is in line with the R -10 designation. He wanted to
know if that density was still in effect. Dick replied that if they chose to use the
minimum lot size on every lot that would increase the density by 1/3. He didn't
anticipate that happening thus keeping the density at less than ten units per acre.
2) East Park Sub-Area Stakeholders Comments: Commissioner Streissguth
asked for Stakeholder comments.
Deborah McDaniel: "I would like to encourage the developers and the
commission to consider strongly the commercial use at Wheaton. I think that
strong communities need these third places to gather and form strong community
connections and, personally, I'd like to see a tiny bit more than what's being
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November 1, 2005
Page 2 of 6
Attachment I
proposed. But I'd really like it be at street level where it's accessible to the
residents and can provide some meaningful services and spaces for people. . . I
would love it if the City would consider assisting, and if the developer would
consider chipping in as well, to underground power along Schley. It could get
things rolling that way - Manette's got a real tangle of wires that interfere with
our views and it would just be a really nice premium addition that, I think, would
go a long ways toward adding to the neighborhood, to the views, and ultimately,
to property values. Thank you."
Adam Brockus: "I've got one quick question to the architect: how wide is this
'woonerf going to be? [16 feet]. Just a couple comments. First of all, I am
encouraged that we are keeping mixed-use housing in the plan and considering
that probably the median income for people in Bremerton is about $36,000 a year.
Probably our affordable housing for that median income is probably between
$125,000 and $145,000 home. I hope we keep that in mind when it comes to
places like the carriage houses and the townhouses. Also, one of the things that I
have enjoyed about Manette, something I love about it is that every house is
different, whether this was by design, by Mickelson a century ago and his other
people, or just a happenstance, every house in Manette is different and I hope we
look into changing veneers, changing designs and making each one of our 408 -
450 units be with the individual as an individual unif and look like an individual
unit. Just one other thing: are you aware of an eagle's nest behind 2115 Winfield
on the riparian forest side? [Yes]. OK, that's good. Thank you."
Andrea pointed out to the Commissioners more Stakeholder comments gathered
at previous meetings regarding East Park.
Deborah McDanial made an additional comment (without the microphone),
praising the developers for listening to the Stakeholders comments and concerns.
3) General Public Comment: Commissioner Streissguth asked for comments or
questions from the public.
John Stokes: "I live outside of Bremerton but go through this area all the time.
I'm concerned about one thing which I don't think relates to the architect's
responsibility but which, as a result of increasing the density in this area, will
affect the traffic, in particular. And that's the intersection [indicates
Wheaton/Schley] - they come together. It's a complex intersection. Periodic
traffic densities that increase going into the YMCA, the skating rink, and the
skateboard area. People are coming to that intersection from Wheaton Way;
they're coming to that from Schley, and they are going on to a one-way street so
you've got left turns off Schley going up the one-way. At the same time you have
people coming off of Wheaton that are intersecting there. When we add 400 or
800 more cars into that little traffic management issue, it or some other sort of
traffic control considered. In terms of the general plan, it looks great."
Floyd Johnson, Bremerton Ice Skating Center: "I wasn't here for the entire
thing. On Schley, are you talking about narrowing Schley a little bit, making it a
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November I, 2005
Page 3 of 6
Attachment I
smaller road? I missed that part. I wasn't sure it that's what I heard. [Schley
would be widened an additional four feet, but parking would be established on
both sides.] My concerns were that with the ice rink being there and also with the
YMCA and of course the skate park that's coming in, on an average Friday night
- I'm not sure how many people are aware of the Tomahawk event, which is a
huge hockey event in our rink - we have about 250 - 300 people that attend the
hockey game there on a Friday night and a Saturday night basis. I want to make_
sure that we are neighborhood friendly, so to speak, because it is a one-way road
and it goes right into the neighborhood and they're going to go left or right along
the main road of Schley right there. I just want to make sure that there's not
going to be conflicts to where, once the development has happened, that we're
going to be hearing a lot of feedback because of the traffic flow from the ice arena
and the health club on the same night, if you took into concerns with that, and also
maybe changing the one-way street to a two-way street so that the traffic could be
funneled down to Wheaton Way instead of having to go toward the housing
development. I'm just looking at towards more or less the future so we won't run
into little problems with the traffic and that late night traffic leaving the ice rink
and the health club at ten-thirty, twelve 0' clock at night. It's a great project."
Dick remarked that Homer Jones Drive is currently a one-way street and he did
not anticipate it changing, primarily because of the intersection at Wheaton Way.
The traffic report did include the increase of volume from the ice arena and the
YMCA and makes recommendations for the intersection at Schley and Wheaton
Way. Referring to earlier comments, Dick reported that the all of the utilities
would be underground, with the exception of a high-voltage transmission line
along Schley that would be too expensive to have underground, and consideration
has been given to varying the housing designs to reflect individual character.
Chris Campagna, business owner: "I was just curious, on the luxury
condominiums that you're planning to develop, do you have more specific
information as far as how many units you're going to be doing? Any idea of price
ranges and such or price ranges overall? When will that information start to be . .
. I'm probably way ahead of the game but I'm just curious - do you have any kind
of an idea of - because it was discussed earlier, median incomes and that - what
kind of price range that the development, from the smaller units all the way
through to the luxury condominiums, what kind of price range are you looking
at?"
Dick reported that the original price study started at under $200,000, going up to
$450,000. It's anticipated these would be on line a year from now and it's
understood that the prices may change depending on the local market. Sixty-six
luxury units are planned for this development.
Matthew Keough: "I would like to, first, commend of course the developer and
everyone who's been working on this plan. I think there's a lot of public benefit
represented within this plan itself, and again I do commend you on that. I wanted
to follow up on some comments that have been coming forward about housing
affordability and just continue to raise the challenge to all of us to tbink about
Planning Commission Meeting
November 1, 2005
Page 4 of6
Attachment I
housing affordability, especially in looking at large site development like this.
The question came up about average median income and just to be always aware
of where our buying levels are within our community and to challenge us all to
think about the public benefit that might come about in this project or other
projects. When we look at inclusionary zoning practices, we look at setting aside
of some units, if and when it's ever possible, look for partnerships and wonder if
it's an opportunity for you to address in your sub-area plan and maybe think on
before it goes much further. Thank you."
Adam Brockus: "There are five houses off of Schley Boulevard, closer to the
Montessori school. Is there access going to be preserved? Are they going to
remain as they are? [Their access will be improved.] We also want to try and get
as many first-time home buyers as we can. Bremerton has a problem with the
amount of rental people being about 60% versus 40% home owners. We want to
increase that, at least in my opinion. I hope that can increase with your
development. "
Dick believes that the carriage units will help with raising the number of home
owners by providing smaller units for sale as well as ADUs to provide more
affordable housing opportunities.
Leo Wasserburger, Callahan Drive: "1 live just above this development.
Again, like many people have done, I want to commend this development project.
It's beautiful, it's green, it's earth friendly. We get lots of different individual
designs which you've been talking about and I think it's great. As one of the
Stakeholders, I know that, originally, we were talking about an apartment building
up in the corner. It sounds like that's gone away. I didn't hear anything about
that today. [It's been replaced with owner-occupied townhomes per the public's
request.] I think that's a wonderful thing; I think that's going to help the traffic
there on Magnusson Way to some extent. All of those people, as far as the traffic
going to that school, the people, no matter where they are living in that area,
they're going to be using Magnusson Way to get to the school. There's no other
way there. I don't have a solution to that. I want this to happen; I think it's a
great thing. As a return for not putting that apartment building there, these
smaller units that you're talking about, I think is an excellent substitution [words
are inaudible] .. .lower priced first owner homes. I just think it's a great plan. . .
listening to the public."
Eugene Brennan: "I had a question about the wildlife corridor and what kind of
parameters led you to make it the size that it was that goes between the two
forests. [The width?] Yes, and what is being serviced by that? What kind of
study went into that?"
Dick explained that the width was determined by taking the actual street width
and removing the street/pavement itself. Landscaping studies had been conducted
regarding bio-swales, rain gardens, plantings, etc. He frequented the site often to
observe wildlife in the area and listed animals and birds seen. Mr. Brennan
rephrased his question, asking if any biologists had contributed to the findings.
Planning Commission Meeting
November I, 2005
Page 5 of 6
Attachment I
Dick agreed that biologists should be consulted to ensure the right types of
shrubbery and plants should be included.
Commissioner Streissguth asked for additional comments from the
Commissioners.
Commissioner Kosusko referred to the mixed-use area and how it relates to the
Comprehensive Plan. He did not feel comfortable with over-developing the retail
area, but felt the population demanded some type of local neighborhood
businesses.
Commissioner Cockburn asked if mixed-use was allowed in the Bremerton
Gardens complex. Chris explained that Bremerton Gardens has a special
designation to allow a higher density, but has no retail component. With two
centers in the vicinity of the East Park development, Chris felt the Commissioners
concerns on retail demand were valid. It is proposed to have retail no larger than
4,000 square feet to accommodate coffee shops, book stores, etc. Commissioner
Kennedy expressed a desire to see retail at the street level of the condominiums.
Chris replied that this configuration had been discussed with staff. It's
understood that that area is considered the "gateway" to the development and
should reflect that idea.
Commissioner Kosusko questioned the 60-foot mmlmum height. It was
generally agreed that the topography worked with that height by not obstructing
views from units further up the hill. Chris reminded the Commissioners that the
Employment Center to the west allowed for higher building heights on that edge
of the development.
A physical copy of the sub-area plan is available for viewing at the public library
and will be available for viewing on the City of Bremerton web site soon.
v. Adjournment
Meeting was adjourned at 7:03 p.m. The next Regular Meeting is scheduled for November 15,
2005.
Respectfully submitted by:
Chris Hugo, Executive Secretary
Approved by:
Linda Streissguth, Chairman
Planning Commission Meeting
November I, 2005
Page 6 of 6
Attachment I:
Planning Commission Meeting Minutes:
November 15, 2005 (Public Hearing)
Attachment I
Minutes for
City of Bremerton Planning Commission
Regula r Meeting
November 15,2005
I. Call to Order
The meeting was called to order by Commissioner Cockburn at 5:33 p.m.
II. Roll Call
Those present were: Commissioner Cockburn, Commissioner Friedberg-Nerf, Commissioner
Hoell, and Commissioner Kennedy. Quorum certified.
Also present: Chris Hugo, Andrea Spencer, GeoffWentlandt, Nicole Ward, and Pam Wilson
(City staff).
III. Approval of Agenda
Commissioner Cockburn introduced the agenda. A motion was made by Commissioner
Kennedy and seconded by Commissioner Friedberg-Nerf to approve the agenda as
presented. It was agreed by general consensus to approve the agenda as presented; the motion
carried.
IV. Approval of Minutes
The minutes of the Regular Meeting held on October 18, 2005 were presented for approval by
Commissioner Cockburn. A motion was made by Commissioner Friedberg-Nerf and
seconded by Commissioner Hoell to approve the Regular Meeting Minutes of October 18,
2005, as presented. Called for a vote: Commissioner Cockburn: Abstain; Commissioner
Friedberg-Nerf: Yes; Commissioner Hoell: Yes; Commissioner Kennedy: Yes. The motion
carried.
The minutes of the Special Meeting held on November 1, 2005 were presented for approval by
Commissioner Cockburn. A motion was made by Commissioner Kennedy and seconded by
Commissioner Hoell to approve the Special Meeting Minutes of November 1, 2005, as
presented. Called for a vote: Commissioner Cockburn: Yes; Commissioner Friedberg-Nerf:
Abstain; Commissioner Hoell: Yes; Commissioner Kennedy: Yes. The motion carried.
V. Public Meeting
A. Call To The Public (public comments on any item not on tonight's agenda).
Planning Commission Meeting
November 15, 2005
Page 1 of9
Attachment 1
Commissioner Cockburn asked if there were any comments from citizens.
Rebecca Maguire, 2520 E. North Highland Drive, Shelton: "I own seven apartments
in Bremerton. This is concerning an area between Warren and Chester, across from
Kitsap Credit Union on Burwell, and then the next block behind it on 4th Avenue. They
discussed this last meeting; they elected not to keep the zoning and to down-zone this to
R-IO based on several points that were made. They said that this was predominantly
single-family, which it's not. These brown here [indicated to the chart she brought with
her] are all four or more units and several of them are six or more and even a 20-unit
complex here. The red is parking, which has, in the past, been considered a commercial
use. And the orange is actually parking for Kitsap Credit Union, so again, a commercial
use. If you look at the existing uses, the yellow is single-family; there is very little
yellow. The light green are duplexes; a few, again. What the report said is this was, you
know, had duplexes and triplexes between single-family. Actually, it's not the case; it
has a few single-family and duplexes between multi-family, commercial pay parking lots,
and commercial parking for Kitsap Credit Union. Now, the next block on 5th, as you can
see, actually meets the description of the Planning Commission. It's mostly yellow,
which is single-family, with one triplex and a few duplexes. Again, if you go further out
on 4th, you're seeing the same pattern: mostly single-family. But this area has been
designated multi-family in the past, has been developed at multi-family; investors have
counted on that when they made these investments, including me, and I have a few other
investors, interested investors, here with me. So, we would like to see this at least to
continue multi-family. Thank you." [Ms. Maguire gave a copy of her notes and area
map to City staff.]
Olivia Voigt, Clear Channel Outdoor, 3601 Sixth Avenue South, Seattle: I'm here
tonight to talk about Chapter 20.52 proposed in your zoning code amendment. It came to
my attention through this zoning code amendment that actually in 2003 billboard
amortization was passed in the City which was never brought to our attention. That's an
entirely different subject, but I just wanted to submit into public record this evening a
letter that I've written to the Planning Commission and as well, just wanted to reiterate
that Clear Channel holds all 24 billboards within the City. We have a vested interest in
this community, obviously, and that all other jurisdictions, if research is done, all other
jurisdictions within Washington have never successfully completed an amortization
program. It's resulted in very lengthy, expensive legal bills for both parties. So, I just
kind of wanted to extend the olive branch, give you my name, and let you know that I'd
like to open up discussion. I'll be leaving a letter with the Secretary. [The Planning
Commission had already received copies of the letter faxed to DCD earlier in the day.]
Will it be submitted into public record? [Yes] Thank you very much."
Chris explained that the letter would be forwarded to the City Council before they take
action on the new zoning code and not the Planning Commission as they did not have this
on their agenda.
Cindy Crenshaw, 6400 SW Old Clifton Road, Port Orchard: "I would also like you
to reconsider the zoning on 4th Street. I know that there may be plans on putting a police
station in on 4th Street and I think it would be very prudent to have supporting services
surrounding that police station. You could have coffee shops, and you could also have,
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November 15, 2005
Page 2 of9
Attachment I
you know, lawyers, bail bondsmen, things that would support that public entity. I think
that would be very important. If you go to other cities, around their police department
you do not have single-family dwellings. You usually have some sort of supporting
services for that public entity. Thank you."
Dave Rubie, 3450 Circle Way, Bremerton: "I, too, have some issues with the proposed
zoning changes brought before the City Council so I thought I'd enter some of those into
record this evening. One was the lack of notification to the property owners. Property
owners are pretty much completely unaware of a lot of these zoning changes. It seems to
me it's a kind of a 'midnight change' on what's going on and I just happened to stumble
across the proposed changes. When I did stumble across it, I found a major error in the
zoning: zoning a commercial use property that I own in Bremerton to a single-family
dwelling. Needless to say, this was quite shocking to me. If there's one error in this
stuff, chances are there are many, many other errors in the zoning; we've heard some of
those this evening. I talked with someone in the Planning Department; they indicated to
me that there was a need for about 1,500 to 2,000 people to move into the Charleston area
to help support that mixed-use area and help support the businesses and keep them very
prosperous. They're taking multi-use, multi-family properties and rezoning them to
single-family. This doesn't seem to make much sense to me, if you want more people to
move to the area, to actually reduce the number of housing units in the area. I do have a
problem with the amortization of the outdoor signs. I think you're taking away property
and income from families in the area that, in good faith, they purchased the property.
You're changing it and you're taking away their livelihoods. I don't think that's right. I
think the Planning Department should have given written notification to all property
owners that the zoning affects. They need to reassess the need for such restrictive
changes. That way we can get more small businesses in the area. I'd be happy to submit
this for public record. Thank you."
David Butcher, 1749 Gregory Way: "I'm also part owner of part of the property on 4th
Street. I also agree with the last gentleman who says that you don't provide notice. You
need to tell the people that their property is going to be rezoned instead of publishing it
only in the newspaper. That's unacceptable to me, totally unacceptable, and it's already
happened to that property before when the City zoned it from commercial to multiple-use
residential. There was a store there that cannot now be used because of your zoning; that
took away livelihood and several thousand dollars out of my pocket. I don't think that
you can just come along and publish it in the newspaper and everybody gets it unless you
make sure that every single person in that zoning change gets a copy of the Bremerton
Sun with a note attached to the front that says 'This affects you; it's not normal Sun
garbage'. That's totally 'catch me if you can' type thing and I don't think that a public
entity should be able to do that. Come in and say, 'Eh, I'm sorry. You didn't catch it.
Your fault.' Not the way business is - if! come down and I don't know the law and the
City wants to deal with me, well then I'm guilty because I didn't know the law. That's
the same kind of thing. Nobody knows all the laws. Nobody knows that you're rezoning
this stuff unless you tell us, and you need to tell us, and you don't tell us. Until you puCa
posting - if we want to rezone the area, we got to post a notice; the City requires us to
post it on the property for public comment and everything else. But the City don't have
to do that. They just post it in the paper and say, 'That's good'. So I agree with the
gentleman before that you guys do a poor job of notifying the people so that we can
Planning Commission Meeting
November] 5, 2005
Page 3 of9
Attachment I
comment and then let's dictate what we can do. That's not acceptable to me. Thank
you."
Chris responded to the last public comment, explaining that the public had been notified
of the City's new planning direction over the last four years through legal advertisements
and articles in the newspaper. According to State law, once planning is complete the City
has to follow through with those plans adopted. Over 1,000 citizens participated in the
planning process. Chris explained further that every parcel in the City was affected by
this zoning change and no city that has had a citywide rezone has ever notified each
individual property owner because the cost of that would be in the tens of thousands of
dollars. The City not only provided notification through the local paper, but also hosted
informational meetings to raise public awareness of the rezone and to encourage citizens
to be involved in the planning of Bremerton's future.
[There was some discussion between Chris and Dave Rubie regarding the rezone, the
Growth Management Act, and the Comprehensive Plan. Mr. Rubie was at the back of the
meeting room and his comments could not be heard on the recording. Chris invited Mr.
Rubie to the come into the Community Development office to discuss further zoning
information related.to Mr. Rubie's property.]
.
Seeing no further comments coming forward, Commissioner Cockburn closed this
portion of the meeting.
B. Public Hearine:
1. Zoning Package #5 - Considering revision to the Master Development zoning
district: Andrea Spencer, Planning Manager, began with the Staff Report on this item
which had been distributed to the Commissioners prior to the meeting. She gave an
overview of the Master Development (MD) zone and explained how it could be modified
to facilitate the sub-area planning process. Staff believes the MD zone should be applied
to the East Park and Westpark developments which are designated Public Sector
Redevelopment Site in the Comprehensive Plan. Changes in the text would put in place
the direction that, if a sub-area plan is not used, then the R-IO zoning designation would
be applied.
Commissioner Friedberg-Nerf asked to replace the word "may" with "shall" in
920.80.020. Andrea replied that it would be consistent with the Comprehensive Plan.
There was no further discussion or deliberation from the Commissioners on this item.
Commissioner Cockburn asked for public comment on this item. Seeing none, he
closed this portion of the meeting.
A motion was made by Commissioner Kennedy and seconded by Commissioner
Hoell to recommend to the City Council 1) MD zoning for the sites designated
"Public Sector Redevelopment Site" on the 2004 Comprehensive Plan Land Use
Map as shown in the attachments I and II in the Staff Report and 2) the revised
language for the BMC Chapter 20.80, Master Development as shown in Attachment
III of the staff report, including replacing the word "may" with "shall" in
~20.80.020.
Planning Commission Meeting
November 15, 2005
Page 4 of9
Attachment I
Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes.
The motion carried.
Commissioner Cockburn then opened the public hearing on the Zoning and
Comprehensive Plan amendment for the East Park sub-area plan. Nicole Ward, City
Planner, reviewed the Staff Report on this item. After giviI]g a brief history of the East
Park area, Nicole gave an overview of the Staff recommended changes to the text of the
East Park sub-area plan. She also brought a packet from the City of Bremerton's Fire
Chief, Al Duke, to the attention of the Commissioners. This packet explained the code
requirements for street widths, per the International Fire Code.
Mike Mecham, City Engineer, spoke to the Commissioners on modifications to the
queuing lanes. The City engineers do not feel that a street width of 16 feet is not
adequate for the traffic generated in the development by cars, garbage trucks, and
emergency vehicles. The Engineering department recommends the street width be
increased to a minimum of 18 feet. Mike also recommends having sidewalks on both
sides of the country lanes.
Commissioner Friedberg-Nerf asked Mike if his recommendation for another sidewalk
would result in the removal of the bio-swale shown ih the proposed plan. He said it did
not; he was just making the recommendation of having another sidewalk.
Commissioner Cockburn asked if there was adequate clearance for garbage trucks
throughout the development. Mike said that Waste Management had been involved in
discussions on East Park and they were comfortable with the widths.
Commissioner Cockburn asked for public comment on this agenda item.
Glen Godfrey, YMCA: "We just want to make sure we get on record that some
provisions are made for our sign, which is right in the comer there. I don't know what
the plan is for our sign but it's there and we just want to know what's going to happen to
it - if it's going to get moved, if we're moving it, if somebody else is moving it, is there
going to be a whole different sign, is it going to be part of something else, are we going
to have the same square footage, are we going to have the reader-board capability - all
those kinds' of things. All those questions, I want those on the record. The other things
that we're concerned about is what's going to happen to Homer Jones, which, if you
don't know, is kind of off the map [referring to the architect's drawing of East Park].
We're concerned that the access doesn't change; that it continue to be a one-way street.
That it have parking on it. That we don't change the access of it. We're concerned that it
be limited access to the facilities that are up that road and not a thoroughfare because
there's kids playing, going back and forth across there; we have speed bumps there,
signs, and that kind of thing. We don't want that to be a main thoroughfare. Other
concerns we have is to be notified about utility interruptions and that kind of thing before
they happen so we can plan ahead and not have them the same day. I know that same
kind of thing is true for the pool, the skating rink, and Kitsap Community Resources.
They all have the same kind of concerns. The other thing is we would like to see,
because the traffic is going to get so much greater there irregardless if the access is
Planning Commission Meeting
November] 5, 2005
Page 5 of9
Attachment 1
limited through the 'recreation corridor', it would be nice to see Homer Jones paved; it's
pretty well shot right now. So, that would be something we'd like to keep. Thank you."
Lon Overson, 1035 Callahan: "I've attended the other [East Park] meetings; it's been
encouraging to see the progress of this plan. This process is working. I applaud you
people for putting the time and effort that you do to make this work. It is working and I
appreciate it. Thank you. One concern of those of us living in this area is that it's going
to affect, what we've had in the past is, some pretty stellar views, and I'm going to give
you some pictures here to show you what we've been looking at. At previous meetings,
had discussed encouragement whatever the developer can do to preserve some of this;
recognize there's going to be an impact. That's where I comment that the plan, as it's
changed, seems to have been either intentionally or without thought helping this and I
appreciate that. I was hoping we could see something comparable to what was put in on
the amendment for the animals. We did good for the animals; we gave them a good
presentation. I was hoping that humans would get somewhat the same good presentation.
But again, corridors, a view, would be a nice addition if you can. Also, they probably
can't do too much relative to the animals and their movement up there, but as you can see
in the pictures, they move along the northern border because there are hedges and fences
that provide them some protection. We see deer and stuff moving around - I haven't
gotten any pictures of them yet - we see evidence of them eating apples and roses which
they appreciate. I don't know where they're going but they're up there somewhere. I
suspect they will use the riparian open space that's been provided. Various people in the
Callahan area are concerned about what this will do and I think your process is
addressing it as best you can: thousands of people, thousands of cars - it's going to be
quite an affect but we hope it's agreeable for everyone. Thank you."
Ailene Mueller, 2215 Winfield Avenue: "I live directly across from the ice arena on the
other side of the canyon. I really hope that you're all truly sincere about protecting the
wildlife. I live probably 60 feet from the eagle nest and they're back. I wanted to say, on
Sunday I saw four raccoon in our back field, four pheasants, two squirrels, two coyotes -
that's a first I've seen them this year - and we have at least six deer. They were in our
yard this afternoon. I don't know how, in your corridor that you're planning, you'll keep
50,000 kids out of there. I mean, how do you think that they'll, you know. I love them.
It's a joy of my life to look out there and see that and I would think it would enhance a
community, too, but I don't know how you'd protect them, but I hope that you can. I
brought some pictures to prove it. Thank you."
Dick Bruskrud, 1102 Shore Drive: ''I'm here representing Mithun [Architects] and the
applicant, the East Park developers. We have a couple of things we would like to address
here. To begin with, going through the Staff recommendations. I think I'll start at the
very back of this list if I may. Starting off with the affordable housing element: this kind
of took us a little bit of a surprise. Weare attempting to provide housing in all price
ranges, but affordable housing was never something that we were trying to do, as far as
low-income type housing. Our research has shown that the median income in Bremerton-
Silverdale area is about $56,000. That would allow that person to purchase a home of
approximately between $260,000 and $300,000. We are attempting to sell homes as low
as $200,000 which would be approximately at 80% of the median income of the
residents. The list that we got from the Planning staff shows a considerably lower price
Planning Commission Meeting
November 15, 2005
Page 60f9
Attachment J
range, in the $150,000 range, and we just cannot do that. [Chris suggested that the
Commissioners return to that item during deliberations.] The eagle habitat, we are well
aware of that and we have been attempting to contact the Department of Ecology. They
have not returned our phone calls at this particular point in time, but we have procured a
copy of the bald eagle report from the State of Washington and we are approximately 630
from the eagle's nest which would put us into some measures of deforestation that should
not occur within 800 feet. We have planned on no deforestation type techniques in that
area at this particular point in time. As far as the YMCA's concerned, we are more than
willing to work with them, in fact, it hasn't gotten back to them but informally I've talked
to the Director of the Board of Directors, who's a relative of mine. And I've been a
member of the YMCA since I've been a resident of Bremerton, 17 years ago. There are a
couple of issues, another issue on the SEP A, determination about the turn lanes. We'd
planned on turning on the turn lanes but I think that it should mention that the turn lanes
on Schley should be to the sub-area standards and then the turn lanes obviously on
Wheaton would be to the City of Bremerton standards since those are different. We are
proposing different standards. The other issues concerning the roads and the fire
sprinklers: this is a big issue for us. We have just gotten, this morning, bids back on
similar buildings that we're planning on putting into this development. This is a $4,000
ticket; significant prices, running about $2 a square foot to put this type of system in. I'm
not sure that we can afford that so we would like to be able to work with the Fire
Department staff to try and work out some type of arrangement that could be done at less
cost to the homeowner. The final thing, I think, I would like to bring up right now was
the sidewalk along the country lane. Our intention here on that particular street was to
create kind of this pedestrian - it's kind of a cross between the woonerf and a real street.
It's very similar to the street I live on, Shore Drive, where there are no sidewalks. People
walk down the street. It's kind of a rural and urban setting, together. This is what we
were intending on that particular street. We do have a sidewalk on one side of the street,
on the urban side. The other side that borders the forest is broken up by driveways and
such where we access these lots so it really isn't as good a spot to walk and then the
parking for those units, we expect to be in their driveways. Thank you."
Adam Brockus, 1146 Perry Avenue: "Just looking at the plan today, only one really
thing caught my mind and that was on the page (I don't have it in front of me) on the
mixed-use area. It had a zero-foot setback it was requesting. I think if you look right
there, it's at the corner of Schley and Wheaton Way and I would have concerns about the
visibility that turning traffic would have to see other cars in just that particular area. The
zero-foot setback should be OK for the other three corners of that mixed-use area.
Beyond that, I want to thank the staff of the Planning Commission; it looks like you've
done a lot of good work in working on this and thank you very much."
Commissioner Cockburn asked for any other public comment. Seeing none, he closed
this portion of the Public Hearing.
Chris recommended to the Commission to continue this item to the next regular meeting
to give the Commissioners and the developer time to review the information and
comments and come up with a plan that can be supported by both sides and to be able to
make a recommendation that won't have a lot of qualifiers.
Planning Commission Meeting
November IS, 2005
Page 70f9
Attachment I
Commissioner Kennedy asked if the affordable housing development standards came
from Staff. Chris replied that it derives from the basis for the publicly owned
redevelopment site; developers choose how they want their development plan and set
their standards, and in exchange, the Comprehensive Plan allows this when there is a
public benefit such as the public housing need. Chris invited Dick Bruskrud to discuss
this item. Dick explained three different housing types that could address this issue.
These would be rental units, but would offer affordable housing for lower incomes in an
owner-occupied neighborhood.
Commissioner Friedberg-Nerf asked about the mixed-use area at Wheaton Way and
Schley Boulevard. She wanted to know if both condominiums and apartments would be
available there. Dick replied that there are only condominiums planned for that area with
commercial on the comer.
Dick talked about sprinkling the homes and the cost of that. He also explained that it was
intended for the development to have narrower streets with parking on both sides to
induce the residents to drive slower, reviewing the thought behind the narrow streets and
their ability to accommodate emergency vehicles. Chris reminded Dick of the
memorandum from the City Fire Chief outlining the responsibility of the City to follow
the International Fire Code which requires 20-foot wide streets with no exceptions. He
explained that the Commissioners have to take that into consideration, as well as the
knowledge that sprinklers could help solve the problem but the applicant may not want to
proceed with that solution because of the cost, when they are deliberating on what action
to take.
Referring to an e-mail from Commissioner Streissguth, Commissioner Kennedy asked
about the use of natural vegetation in the development. Dick said that a wildlife biologist
had been consulted to ensure the correct vegetation will be used in the 60-foot greenway.
He reminded the Commissioners that the riparian area was not included in the East Park
development and may change in character because East Park does not control it.
A motion was made by Commissioner Kennedy and seconded by Commissioner
Friedberg-Nerf to continue deliberation and discussion on the amendment to the
East Park sub-area plan to the next regular meeting on December 20, 2005.
Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kennedy: Yes.
The motion carried.
VI. Business Meeting
A. Chairman's Report: None.
B. Director's Report: Chris Hugo reported that some of the Planning staff attended the
State Planning Conference in Bellevue earlier this month. A more complete report wiP
be presented to the Commissioners at a later date. ...
Planning Commission Meeting
November 15, 2005
Page 80f9
Attachment I
The Mayor's office is still working on finding a suitable replacement for the vacant
Planning Commission seat. Currently, the only applicants are from the Manette area and
a more diverse commission is desired.
C. Old Business: None
D. New Business: Pam Wilson, City Staff, reminded the Commissioners that the
2006 elections would be taking place at the next regular meeting and to be
thinking about nominations, etc.
VII. Adjournment
Meeting was adjourned at 6:50 p.m. The next Regular Meeting is scheduled for December 20,
2005.
Respectfully submitted by:
Chris Hugo, Executive Secretary
Approved by:
Linda Streissguth, Chairman
Planning Commission Meeting
November 15. 2005
Page 9 of9
Attachment I:
Planning Commission Meeting Minutes:
December 20, 2005 (Deliberation)
DRAFT - SUBJECT TO APPROVAL
Attachment I
Minutes for
City of Bremerton Planning Commission
Regular Meeting
December 20,2005
I. Call to Order
The meeting was called to order by Commissioner Streissguth at 5:31 p.m.
II. Roll Call
Those present were: Commissioner Cockburn, Commissioner Friedberg-Nerf, Commissioner
Kosusko, Commissioner Kennedy, and Commissioner Streissguth. Quorum certified.
Also present: Chris Hugo, Andrea Spencer, Nicole Ward, and Pam Wilson (DCD staff); Mike
Mecham, City Engineer; Dick Bruskrud, Mithun Architects.
III. Approval of Agenda
Commissioner Streissguth introduced the agenda. It was agreed by general consensus to
approve the agenda as presented.
IV. Approval of Minutes
The minutes of the Regular Meeting held on November 15,2005 were presented for approval by
Commissioner Streissguth. A motion was made by Commissioner Friedberg-Nerf and
seconded by Commissioner Kennedy to approve the Regular Meeting Minutes of
November 15, 2005, as presented. Called for a vote: Commissioner Cockburn: Yes;
Commissioner Friedberg-Nerf: Yes; Commissioner Kennedy: Yes; Commissioner Kosusko:
Yes; Commissioner Streissguth: Abstain. The motion carried.
V. Public Meeting
A. Call To The Public (public comments on any item not on tonight's agenda).
Commissioner Streissguth asked if there ~ere any comments from citizens. Seeing
none, she closed this portion of the meeting.
B. Public Hearing:
1. Continued deliberation on tlte East Park Sub-area Plan: Andrea Spencer,
Planning Manager, reminded the Commissioners there was no staff report as this was a
Planning Commission Meeting
December 20, 2005
Page 1 of 5
DRAFT - SUBJECT TO APPROVAL
Attachment I
continuation of deliberation from the last meeting. There was a revised 'Findings and
Conclusions' that had been distributed to the Commissioners before the start of the
meeting.
Mike Mecham, City Engineer, reported that his staff had met with Mithun Architects,
the architects of East Park, after the last Planning Commission meeting on November 15,
2005, and discussed road standards. Because of the nature of the development, it was
decided that a deviation of the road standards would be necessary to achieve the proposed
outcome. The agreed upon changes were:
· For the "Neighborhood Street" change the drive lane from eleven feet (11) to
twelve (12) feet for better access;
· For the Magnuson "Country Lane" a four-foot concrete strip would be added to
next to the drive lane for pedestrian circulation and to provide cleaner drainage into
the bio-swale. This four-foot section is in addition to the twelve-foot drive lane for a
total of sixteen feet and provides a transition from the more urban areas to the
forested areas;
· The queuing lane will be maintained at 16 feet;
A list of the recommended changes was distributed to the Commissioners before the start
of the meeting. Mithun Architects will revise the East Park document with additional
text and drawings to reflect these changes.
Commissioner Friedberg-Nerf asked if the building heights in the mixed-used areas
were consistent with the Comprehensive Plan. Chris explained that, because East Park is
part of the PSRS and has a sub-area plan, the building heights are determined by what the
community and City Council deems is desirable during the sub-area planning process.
Commissioner Streissguth recommended including this point in the Staff Report that
will be submitted to City Council.
Commissioner Friedberg-Nerf wanted to know about open spaces for East Park as
defined by the Master Development plan. Andrea referred to the map of East Park,
noting the areas that are designated as open space and are part of the Master
Development plan.
Dick Bruskrud noted two changes to be made to the Staff Report: Section 04 should
reference page 35 and Section D5 should reference page 50. Also, on the section that
refers to the reduced-width roadways, it should be referred to as "reduced-width fire
apparatus access roadways". He continued, noting that in the areas of higher density,
there may be a need to change from attached dwelling units to detached dwelling units,
but assured the Commissioners that, although the density might be lower than originally
planned, it would never be higher.
Commissioner Friedberg-Nerf asked for clarification on the number of dwelling units
in the mixed-use area; it was her understanding that the number of dwelling units would
be 66, but the East Park document listed 75. She wanted to know if they were including
accessory dwelling units to achieve the higher number. Dick explained the difference in
numbers was due to the plans not being finalized; Mithun was leaning toward having
Planning Commission Meeting
December 20, 2005
Page 2 of 5
DRAFT - SUBJECT TO APPROVAL
Attachment I
three buildings with 24 units in each which would bring the number of units closer to the
higher count. He reminded the Commissioners that the sub-area plan would determine
the final density of that area.
Commissioner Friedberg-Nerf asked for additional information on the passive solar
characteristics mentioned in the East Park document. Dick explained that by using the
southern and southwestern exposure, there is an opportunity to use specific materials,
textures, and colors that will increase heat absorption and retention.
Commissioner Friedberg-Nerf wanted to know about the use of the term "affordable"
in the documents and if City Council had any input on the use of that term or if a
definition had been established. Commissioner Streissguth said since this item had not
yet gone before the City Council it would not be appropriate for them to give any
feedback at this time. She also noted that, during the community meetings regarding the
development of East Park, citizens who live in that area felt it was more important for
East Park to offer a wider variety of housing than to have areas set aside for "affordable"
housing. She felt that at some point in the future, inclusionary zoning may be more
appropriate, but not at this time. Commissioner Kosusko cautioned against using the
term "affordable housing" because what was being proposed for East Park did not follow
the federal definition of "affordable housing". Chris pointed out the language on page 8,
". . . Promote access to quality, affordable homes for all Bremerton residents, regardless
of their economic capabilities or special needs..." He felt the goals listed on page 7
which referred to the variety of housing types and density were more in line with what
the East Park plan and the public interest are trying to achieve. Commissioner Kennedy
reminded the Commissioners that when there was a low-income element included in the
proposal by Mithun, the neighboring citizens rejected it and it was removed. She stressed
the need to redistribute the number of low-income housing units throughout Kitsap
County so they are not as concentrated within the Bremerton city limits. Commissioner
Cockburn suggested removing the word "affordable" from the document and focus
instead on the variety and density of the proposed housing.
A motion was made by Commissioner Kennedy and seconded by Commissioner
Friedberg-Nerf to recommend to the City Council an amendment to the Bremerton
Comprehensive Plan by adding the East Park sub-area plan and an amendment to
the proposed Title 20, zoning code chapter 20.80, to activate the development
regulations of the East Park sub-area plan with revisions shown in Attachment 2.
Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Kennedy: Yes; Kosusko: Yes;
Streissguth: Yes. The motion carried.
2. Staff Draft of the Critical Areas Ordinance Update: Andrea Spencer, Planning
Manager, reported that a draft of the Critical Areas Ordinance had been distributed to the
Commissioners before the meeting. The December 1 sl deadline for the update had
passed, but staff is planning to hold a public hearing on the CAO at the January meeting.
The public hearing will be advertised in the local newspaper, as well as being posted on
the City of Bremerton web site and on BKA T. Andrea then gave an overview of the
Planning Commission Meeting
December 20, 2005
Page 3 of 5
DRAFT - SUBJECT TO APPROVAL
Attachment I
changes being made to the Critical Areas Ordinance including the addition of Best
Available Science. Commissioner Kennedy asked if it was the same as the County's
CAO. Andrea explained that there were parts that were like the County's CAO, but
there were other sections that were unique to the City of Bremerton.
Commissioner Streissguth asked about the citizen's groups that were formed before the
current staff came on board, and wondered if the current CAO draft had been reviewed
by those groups. Andrea replied that the drafts would be mailed to the citizen's who had
participated in the groups and encourage them to attend the public hearing. Depending
on the response, another workshop may be scheduled.
Commissioner Streissguth closed the Public Meeting.
VI. Business Meeting
A. Chairman's Report: Commissioner Streissguth asked the other Commissioners who
had attended the Housing Summit on December 19, 2002, in the Norm Dicks
Government Center what their impressions of the meeting were. Commissioner
Friedberg-Nerf had attended and enjoyed the different opinions that were presented.
Commissioner Kosusko and Chris Hugo also attended; they were slightly disappointed
in how speakers who were not from Bremerton often portrayed it as a place where there
is not much land available for development. Commissioner Kosusko stressed the
importance of Bremerton creating its oWn employment base to counter the outside area's
view that Bremerton is a bedroom community and should not be taken seriously. Chris
reported on the increase in the number of new developments within the city limits and
how it is opposite of what people olltside of Bremerton think.
B. Director's Report: Chris reported that the Pleasant/Highland Design Guidelines project
has begun. The City Council has placed a moratorium on structures higher than 40 feet
along Pleasant A venue and Highland A venue and has directed staff to conduct a quick
process to develop design guidelines. It is hoped to have the stakeholder process fully
designed and individuals appointed, and to have a Commissioner attend the meetings as a
representative of the Planning Commission. Commissioner Kosusko was then selected
by Commissioner Streissguth to act as the representative. Meetings have been scheduled
for December 29, January 9, and February 7. Staff is trying to boost attendance through
flyers and signs posted in the Pleasant/Highland neighborhoods. Chris gave an overview
of how he plans to conduct the meetings to reach the goal of neighborhood design
guidelines. Staff will go to City Council with their findings and most likely hold a public
hearing on this item by February 8, 2006. It is hoped to have the process completed by
March 15, 2006.
Chris had not heard any further news from the Mayor's office on appointing a new
member to the Planning Commission.
C. Old Business: None
Planning Commission Meeting
December 20, 2005
Page 4 of 5
DRAFT - SUBJECT TO APPROVAL
Attachment I
D. New Business: 2006 Elections. Commissioner Kennedy nominated John
Cockburn for the position of Chairman. Commissioner Kosusko seconded the
nomination. The vote was unanimous in favor of Commissioner Cockburn being
the Chairman of the Bremerton Planning Commission for 2006.
Commissioner Kosusko nominated Judy Friedberg-Nerf for the position of Vice-
Chairman. Commissioner Kennedy seconded the nomination. The vote was
unanimous in favor of Commissioner Friedberg-Nerf being the Vice-Chairman of
the Bremerton Planning Commission for 2006.
Chris asked the Commissioners to consider the possibility of adding two more
Commissioner positions to the Planning Commission for added diversity.
VII. Adjournment
Meeting was adjourned at 6:49 p.m. The next Regular Meeting is scheduled for January 20,
2005.
Respectfully submitted by:
Chris Hugo, Executive Secretary
Approved by:
Linda Streissguth, Chairman
Planning Commission Meeting
December 20, 2005
Page 5 of 5
Attachment II:
SEPA - MONS
City of Bremerton
Department of Community Development
MITIGATED DETERMINATION OF NONSIGNIFICANCE
PROPOSAL:
2005 Amendment to the Bremerton Comprehensive Plan adding a new
element, the East Park Sub Area Plan. The proposal includes a detailed land
use plan for the East Park Sub Area. The Proposal also includes new
development regulations and zoning for the East Park Sub Area.
FILE NUMBER:
BP 05-00202
LOCATION:
The land use Sub Area Plan and new development regulations are for the
East Park site, a forty-six (46) acre parcel in East Bremerton in the general
vicinity of Schley Boulevard, Wheaton Way, and Magnusson Street.
PROPONENT:
East Park, LLC. 1601 114th Ave. SE Suite 100, Bellevue, WA 98004
LEAD AGENCY:
City of Bremerton, Department of Community Development
The lead agency for this proposal hereby issues a Mitigated Determination of Nonsignificance
(MONS). Based on a review of the Environmental Checklist, available information, and applicable
policies and regulations of the City of Bremerton, the lead agency determines that the proposal will
not have significant adverse impacts on the environment provided mitigating measures are included
per Attachment I. An environmental impact statement (EIS) is not required under RCW
43.21 C.030(2)(c).
The optional DNS process is being used. The applicant submitted an application for the East Park
Sub Area Plan and corresponding Environmental Checklist on October 27, 2005. Pursuant to WAC
197-11-704(b) SEPA review for a nonproject action is required. An Anticipated MONS was issued
pursuant to WAC 197-11-350 on November 7,2005. The lead agency received comments, and did
not act on this proposal for 14 days from the date of issue of the anticipated MONS. The final MONS
is hereby issued pursuant to WAC 197-11-355.
RESPONSIBLE OFFICIAL:
Christopher R. Hugo, Director
Department of Community Development
City of Bremerton
345 6th St. Suite 600
Bremerton, WA 98337
STAFF CONTACT:
DATE OF ISSUE:
ADMINISTRATIVE APPEAL DEADLINE:
Geoffrey Wentlandt, AICP (360) 473-5845
November 23,2005
December 5, 2005
Christopher R. Hugo, Responsible Official
NOTE: Pursuant to RCW 43.21 C.075 and City of Bremerton environmental regulations (BMC Chapter 21.12.210), decisions of
the Responsible Official may be appealed. Appeals must be filed with the appropriate fees at the Department of Community
Development located at the Bremerton Permit Center, 286 Fourth Street, Bremerton, 98337. Appeals must be filed by the date
indicated above as "Administrative Appeal Deadline" If you appeal, you should be prepared to make specific factual objections.
NOTE: The issuance of an MONS does not constitute project approval. The applicant must comply with all other applicable
requirements of the City of Bremerton and the State of Washington.
City of Bremerton
Department of Community Development
ATTACHMENT I
MITIGATING MEASURES
Mitigated Determination of Nonsignificance BP 05-00202
General:
The following measures are mitigating conditions for the issuance of the Mitigated Determination of
Nonsignificance (MONS) for SEPA File BP 05-00202 for the East Park Sub Area Plan and development
regulations. The Applicant must provide the following in order to mitigate environmental impacts down to
a nonsignificant level.
Measure A: Bald Eagle Habitat Management
Work with the Department of Ecology to prepare the necessary Habitat Management Plan to
accommodate the Manette Bald Eagle Nest.
Measure B: Wheaton Way I Schley Boulevard
Construct an eastbound left turn lane plus taper on Wheaton Way at Schley Blvd. Also construct separate
southbound left turn and right turn lanes on Schley Blvd. at Wheaton Way. Construction on Wheaton
Way shall be to City of Bremerton standards, construction on Schley Blvd. shall be to standards of the
East Park Sub Area Plan.
Measure C: Provide Pro-Rata Share Contribution to Area TIP Projects
Provide pro-rata share contribution to the area TIP projects directly impacted by East Park traffic. These
projects include SR-303 improvement, the SR-303 southbound ramp at Callahan Drive, and the Wheaton
Way improvements.
Measure D: Wildlife Corridor Planting
Plant the East-West greenway linking the Madrona Forest and Riparian Corridor with plant species
optimal for a well-functioning wildlife corridor per recommendation of a wildlife biologist.
Measure E: YMCA Signage Replacement
Provide sign age space for a designated and integrated replacement sign for the existing YMCA sign that
will be removed at the corner of Schley Blvd. and Wheaton Way as a result of the proposal. Integrate the
replacement sign in a design style that is consistent with that of the overall East Park Sub Area for
consistency of character. Maintain signage visibility for the YMCA equal to that of the existing YMCA sign.
Measure F: Homer Jones Drive Further Study
Provide additional analysis in the Transportation Impacts Analysis to address impacts the proposal will
have on traffic flow into and out of the Homer Jones Dr. loop, especially during peak traffic generation
times for the Bremerton Ice Arena and YMCA, which are both accessed via Homer Jones Dr.
2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
Ofo - 0 t 9
DA TE SUBMITTED: January 6, 2006
'A
........................................................................................
SUBJECT: Navy/City Purchase and Sale
Agreement, Lease and Easements
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
1/11/06
1/18/06
Econ. Development
Gary Sexton
360-473-5282
SUMMARY: Purchse and Sale Agreement between the Department of the Navy and the City of
Bremerton transferring Bremerton Harborside Park property to the City along with related
consideration, Bldg. 50 (museum) transfer, easements for BCT Ingress and Egress, and Memorial
Plaza lease.
ATTACHMENTS: Real Estate Purchase and Sale Agreement, Quit Claim Deeds "A", "B" and "C",
General Purpose Out lease (Exhibit D), Temporary Grant of Easement (Exhibit F) and Grant of
Easement (Exhibit "F").
FISCAL IMP ACTS (Include Budgeted Amount): Demolition work on Pacific with Credit of
$388,000 incidental to BCT Access and Memorial Plaza improvements, Building 371 Demolition
worth $245,000 funded through Bremerton Harborside Project, Credit for prior design worth
$117,000 previously paid by Kitsap Transit.
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APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
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RECOMMENDED MOTION: Move to approve the Navy/City of Bremerton Purchase and Sale
Agreement, Lease and Easements and authorize the Mayor to execute these documents in substantially
the same form as presented.
r CONSENT AGENDA D I
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
REAL ESTATE PURCHASE AND SALE AGREEMENT
N4425505POOZ06RPZ02
This Agreement is made by and between the UNITED STATES of AMERICA, acting by
and through the Department of the Navy, hereinafter called the "Seller", and the CITY OF
BREMERTON, a municipal corporation of the State of Washington, hereinafter called the
"Purchaser", and both collectively called the "Parties". Subject to the terms and
conditions set forth below, Seller agrees to convey to Purchaser and Purchaser agrees to
acquire from Seller that certain real property situated in Bremerton, Kitsap County,
Washington, known as Parcels A, B, C and D of the Wycoff Point Conveyance at the
eastern end of the Puget Sound Naval Shipyard, Bremerton, WA, as shown and legally
described in the Quit Claim Deeds attached as Exhibits "A", "B", and "C", together with all
rights appurtenant thereto and all improvements thereon/hereinafter collectively referred
to as the "Property." The Property shall be conveyed in three separate Phases. Parcels
A and B (Northernmost and Southernmost Parcels) shall be conveyed in Phase I. Parcel
C (Building 50) shall conveyed in Phase II and Parcel D (Building 371) shall be conveyed
in Phase Ill. The effective date of this Agreement shall be the date this Agreement has
been signed by both Seller and Purchaser.
1. AUTHORIZATION. The United States of America, acting by and through the
Department of Navy, has been authorized to convey said property to the City of
Bremerton by Section 2845 of Public Law 108-136; the National Defense Authorization
Act of 2004, attached to the above referenced quit claim deeds.
2. CONSIDERATION. The total consideration for the Property will be in-kind credits
and demolition work worth a total of $750,000.00 to Seller as listed below:
2.1 EAST END MILITARY CONSTRUCTION CREDITS worth $388,000.00
along Pacific Avenue. This project shall be undertaken by the Purchaser and the State of
Washington for the purpose of constructing the Downtown Pedestrian/Bremerton
Transportation Center Access Project that will result in connecting Pacific Avenue to the
Washington State Ferry Terminal. Upon completion of building demolition by Seller,
Agreements shall be executed between Seller and Purchaser, pursuant to which Seller
shall assume care, protection, and maintenance of the properties encumbered by these
Agreements. These Agreements are as follows:
(a) A Lease for Purchaser's Memorial Park in the form of Exhibit "0".
(b) A Temporary Construction Easement for Purchaser's Downtown
Pedestrian/Bremerton Transportation Center Access Project as described above in the
form of Exhibit "E".
(c) A Permanent Easement for the purpose stated in 2,1 (b) above in the form of
Exhibit "F". .. .
01/03/06
10:44 ,c\M
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PlJrhElSe Agreement
2.2 PLANNING AND DESIGN CREDITS worth $117,000.00 that were
previously expended by Kitsap Transit for Building 433 renovation that predated the
legislation described above. .
2.3 DEMOLITION OF BUILDING 371 to be performed upon completion of
removal actions on the part of the Seller. This demolition is deemed to be worth
$245,000.00. Purchaser shall coordinate with seller on planned actions and milestones
for the coordinated removal actions/demolition of Building 371 and adjoining property
included in Parcel D.
3. PAYMENT OF ADMINISTRATIVE EXPENSE CHARGES. In accordance with said
section 2845 of Public Law 108-136; the National Defense Authorization Act of 2004 and
as delineated by letter to the Purchaser dated June 28, 2005, Purchaser shall pay
$31,000.00 in Administrative Expense Charges to Seller prior to Phase I closing. As
provided for by said letter payment shall be made as follows:
3.1 In the amount of $13,000.00 made payable to "Treasurer of the United
States" and sent to:
Commanding Officer .
Naval Facilities Engineering Command Northwest
19917 ih Avenue N.E.
Poulsbo, W A 98370
3.2 In the amount of $18,000.00 made payable to "Treasurer of the United
States" and sent to:
Commander (Code 620)
Puget Sound Naval Shipyard
1400 Farragut Avenue
Bremerton, WA 98314-5001
4. CONDITION OF PROPERTY AT CONVEYANCE. This conveyance is subject to
the condition that Purchaser accept the real property in its condition at the time of the
conveyances. Except as otherwise expressly provided in the quit claim deeds for Phases
I, II, and III, attached as Exhibits "A", "B" and "C", the property is offered "As Is" and
"Where Is" without representation, warranty, or guaranty as to quantity, quality, title,
character, condition, size, or kind, or that the same is in condition or fit to be used for the
purpose for which intended, and no claim for any allowance or deduction upon such
grounds will be considered.
5. TITLE.
5.1 DEEDS. At the closings for Phase I, Phase II and Phase III, Seller will
execute and deliver quitclaim deeds to the Property; one for the Phase I parcels, one for
the Phase II parcel, and one for the Phase III parcel in the form attached as of Exhibits
"A", "B" and "C". Closings for the Property shall be contingent upon the receipt of the
final review and comment with respect to the Deeds by the United States Environmental
Protection Agency and the Washington State Department of Ecology with respect to the
language contained within such Deeds.
01/03/06
10:44 Afvl
Pal~e 2
Purhase Agreernent
5.2 REVERSION OF TITLE. In the event that the conveyance of Parcel C fails
to materialize for any reason, title to Parcels A and B shall revert to the Grantor free of
any cost or obligation whatsoever.
6. ENVIRONMENTAL PROVISIONS.
6.1 FINDING OF SUITABILITY FOR TRANSFER. Seller has completed an
Environmental Baseline Survey (EBS) to examine the property for hazardous substances
and shall take appropriate remedial action resulting in a decision that the property is
suitable for transfer, said decision to be set forth in a Finding of Suitability for Transfer
(FOST). Copies of the EBS and FOST referred to above shall be made available to the
Purchaser and closing shall be contingent upon receipt of these documents.
6.2 FINDING OF NO SIGNIFICANT IMPACT. Seller has completed an
Environmental Assessment (EA) of the property in accordance with the National
Environmental Policy Act (NEPA) to examine the environmental impact of Seller
conveying the property to Purchaser that has resulted in decision set forth in a Finding of
No Significant (FONSI). Copies of the EA and FONSI referred to above shall be made
available to Purchaser and closing shall be contingent upon receipt of these documents.
7. CLOSING.
7.1 TIME FOR CLOSING; TERMINATION DATE. Unless otherwise agreed to
in writing, it is intended by both the Seller and Purchaser that this transaction be closed at
the earliest possible date, but in no event later than 28 February 2006 for Phase I
(Parcels A and B), 30 September 2006 for Phase II (Parcel C), and 30 September 2006
for Phase III (Parcel D). This Agreement shall terminate upon the date of closing of all
Phases of conveyance. As used in this Agreement, "closing" or "date of closing" means
the date on which all appropriate documents are recorded.
8. OFFICIALS NOT TO BENEFIT. No member or delegate to the congress or resident
commissioner shall be admitted to any share or part of the contract sale or to any benefit
that may arise therefrom, but this provision shall not be construed to extend to the
contract of sale if made with a corporation for its general benefit.
9. PARTIES RIGHTS. The failure of either party to insist upon or enforce strict
performance by the other party of any provision of, or to exercise any right under this
agreement shall not be construed as a waiver or relinquishment to any extent of such
party's right to assert or rely upon any such provision in any other instance; rather the
same shall remain in full force and effect.
10. LEGAL FEES. The Parties agree that each will be responsible for any legal fees
incurred by them related to the conduct and closing of this transaction, including any
future litigation resulting from or arising out of this transaction. In no case will the Seller
be expected or asked to payor reimburse the Purchaser for legal fees and/or cost
incurred by them resulting from or arising out of this transaction and in no case will the
Purchaser be expected or asked to payor reimburse the seller for legal fees and/or cost
incurred by them resulting from or arising out of this transaction.
-11. NOTICES. All notices, waivers, elections, approvals and demands required or
permitted to be given under this Agreement must be in writing and personally delive~~d,
sent by United States certified mail, return receipt requested, to the addressee's maIling
address below, Any notice will be effective when actually received or, if mailed as
01/03/06
lCA4 AM
Page 3
PurhaS8 Agreement
provided herein, on the earlier of actual receipt or two (2) days after the date deposited in
the mail.
If to Purchaser:
Gary Sexton
Director, Economic Development Department
City of Bremerton
345 6th Street, 6th Floor
Bremerton, W A 98337
If to Seller:
Michael D. Brady
Naval Facilities Engineering Command Northwest
Real Estate Contracting Officer
19917 ih Avenue NE
Poulsbo, W A 98370-7570
12. GENERAL. This is the entire agreement of Purchaser and Seller with respect to
the Property and supersedes all prior agreements between them, written or oral. This
Agreement may be modified only in writing, signed by Purchaser and Seller. Any
waivers under this Agreement must be in writing. A waiver of any right or remedy in the
event of a default will not constitute a waiver of such right or remedy in the event of any
subsequent default. This Agreement is for the benefit of, and binding upon, Purchaser
and Seller and their heirs, personal representatives, successors and assigns. The
invalidity or unenforceability of any provision of this Agreement will not affect the validity
or enforceability of any other provision.
13. EXHIBITS. The following Exhibits are attached to this document.
Exhibit "A"-Quit Claim Deed for Parcels A and B (Northernmost and
Southernmost Parcels)
Exhibit "B"-Quit Claim Deed for Parcel C (Building 50)
Exhibit "e"-Quit Claim Deed for Parcel D (Building 371)
Exhibit "D"-Lease for Memorial Park
Exhibit "E"-Temporary Construction Easement
Exhibit "F"-Permanent Construction Easement
14, SIGNATURE IN COUNTERPARTS. This Agreement may be executed by the
Parties in counterparts and together such counterparts shall constitute a single
document
o ~ /03/06
Page 4
Purhase Agraement
1:J:4Ll AM
PURCHASER: The City of Bremerton, a municipal corporation of the State of
Washington
BY
Cary Bozeman
Mayor, City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
Date
SELLER: United States of America, by the Department of the Navy
BY
Michael D. Brady
Naval Facilities Engineering Command
Real Estate Contracting Officer
Date
Approved as to form and legality:
Shelley K. Simcox
Assistant Counsel
01/03/06
10:44 AiVl
Page 5
Purhase Agreernent
STATE OF WASHINGTON
COUNTY OF KITSAP
On this day of 2005, before me personally appeared
Michael D. Brady, known or identified to me to be the authorized agent of the United
States of America, the governmental entity that executed the instrument or the person
who executed the instrument on behalf of said governmental entity, and acknowledged
to me that such governmental entity executed the same.
WITNESS my hand and official seal hereto affixed the day and year In this
certificate above written.
Date:
NOTARY PUBLIC in and for the State of
Washington residing at
My commission expires:
PRINT NAME:
Use this space for Notary Seal/Stamp
01/03/06
"! 0:44 AM
Page 6
Purhase Agreernent
CITY ACKNOWLEDGMENT
STATE OF WASHINGTON
COUNTY OF KITSAP
On this day of , 2005, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Gary Sexton, to me known to be the Director, Economic Development
Department of The City of Bremerton, the municipal corporation that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Date:
NOTARY PUBLIC in and for the State of
Washington residing at
My commission expires:
PRINT NAME:
Use this space for Notary Seal/Stamp
0-:;03/06
10:44 AM
Page '7
Purhase Agreement
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
When Recorded Return to:
City of Bremerton
345 6rn Street, 6rn Floor
Bremerton, WA 98337
Attention: Gary Sexton, Director of Economic Development
Document Title: QUITCLAIM DEED
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: THE UNITED STATES OF AMERICA
Grantee's Name: THE CITY OF BREMERTON
Abbreviated legal Description:
Parcel A: Northernmost Parcel. A portion of Government Lot 3 of Section 24, Township
24 North, Range 1 East, W.M., City of Bremerton, Kitsap County, WA as recorded in
Volume 2 of Plats, Page 30, containing 0.33 acres more or less.
Parcel B: Southernmost Parcel. A portion of Section 24, Township 24 North, Range 1
East, W.M. and Tidelands, City of Bremerton, Kitsap County, WA as recorded in Volume
2 of Plats, Page 3D, containing 1.44 acres more or less.
Assessor's Property Tax Parcel Account Numbers:
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
N4425506 RPOOZ03
QUITCLAIM DEED
This Deed is made this _ day of , 2006, by THE UNITED
STATES OF AMERICA, acting by and through the Department of the Navy (herein
called "Grantor" or "USA"), in favor of THE CITY OF BREMERTON, a municipal
corporation of the State of Washington (herein called "Grantee" or "City").
RECITAL
This conveyance of property is made pursuant the authority granted in Section 2845 of
Public Law 108-136; the National Defense Authorization Act of 2004, attached hereto as
Exhibit "A".
CONVEYANCE
Grantor does hereby release, convey and quitclaim to Grantee, its successors and
assigns, all Grantor's right, title and interest, together with all after-acquired title of the
Grantor and any and all rights in abutting streets, in and to the real property and all
improvements thereon and appurtenancesUthereto (the "Property"), located in Kitsap
County, Washington and described in Exhibit "B" attached hereto and incorporated
herein by this reference ("City Property"), subject to the following:
REPRESENTATIONS, COVENANTS AND RESTRICTIONS
Subject to the following Covenants, Restrictions and Conditions that shall be binding
upon and enforceable against Grantee, its successors and assigns, in perpetuity, and to
the following notices:
1. Grantee agrees to accept conveyance of the Property subject to all covenants,
conditions, restrictions, easements, rights-of-way, reservations, rights, agreements, and
encumbrances of record or not recorded.
2. A Finding of Suitability for Transfer ("FaST") has been completed and an
Environmental Baseline Survey ("EBS") is referenced in the FaST. The FaST and EBS
reference environmental conditions on the Property and on the other property not
subject to this Deed. Grantee acknowledges that it has received copies of the EBS and
the FOST; that it is aware of the notification contained therein; and that all documents
referenced therein have been made available to Grantee.
3. Except as otherwise provided herein, or as otherwise provided by law, Grantee
acknowledges that it has inspected, is aware of, and accepts the condition and state of
repair of the Property, and that the Property is conveyed "as is" and "where is" without
any representations, promise, agreement, or warranty on the part of Grantor regarding
such condition and state of repair or regarding the making of any alterations,
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
improvements, repairs or additions. Except for the environmental remediation that may
be required to be undertaken by Grantor pursuant to paragraph F below, Grantee further
acknowledges that Grantor shall not be liable for any latent or patent defects in the
Property except to the extent required by applicable law. The recording of this deed on
behalf of the Grantee shall be conclusive evidence of Grantee's acceptance of both this
deed, and the condition of all property conveyed hereby.
4. Asbestos Containing Materials:
A. Grantee is hereby informed and does hereby acknowledge that hazardous
materials in the form of asbestos or asbestos containing materials ("ACM") have been
found or are otherwise presumed to exist on the Property as disclosed and detailed in
the EBS.
5. CERCLA Notices and Covenants:
A. Notices: Hazardous Substances Notification. Pursuant to 42 U.S.C.
S 9620(h)(3)(A), and the provisions of 40 C.F.R. Part 373, the Grantor hereby gives
notice that hazardous substances were stored for one year or more, released and
disposed of on the Property. The information contained in this notice is required by
regulations promulgated under Section 120(h) of the Comprehensive Environmental
Response, Liability, and Compensation Act (CERCLA), 42 U.S.C. S 9620(h). Grantor
has made a complete search of the files and records concerning the Property. To the
extent such information is available on the basis of said search, Grantor has disclosed
and detailed in Exhibit "c" the type and quantity of such hazardous substances, the time
at which such storage, release or disposai took place, to the extent that such
information was available, and the remedial action taken, if any.
B. Pursuant to Section 120(h)(3)(A)(ii) of CERCLA (42 U.S.C. S
9620(h)(3)(A)(ii)) Grantor covenants and warrants that:
(1) all remedial action necessary to protect human health and the
environment with respect to any hazardous substance identified pursuant to section
120(h)(3)(A)(i) of CERCLA and remaining on the Property has been taken before the
date of this deed, and
(2) Any additional remedial action found to be necessary after the date of
such transfer shall be conducted by the Navy. This covenant shall not apply to the
extent that Grantee caused or contributed to any release or threatened release of any
hazardous substance, pollutant, or contaminant.
C. Access [CERCLA 42 U.S.C. S 9620 (h)(3)(A)(iii)]. In connection with
Grantor's covenant above and in connection with ongoing remediation on Grantor's
property adjacent to the Property, Grantee agrees on behalf of itself, its successors and
assigns, as a covenant running with the land, that Grantor, or its officers,agents,
employees, contractors, and subcontractors, shall have the right, upon reasonable
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
notice to GRANTEE, to enter upon the Property in any case in which a response action,
or corrective action is found to be necessary at such property after the date of this deed,
or such access is necessary to carry out a response action, or corrective action on
adjoining property. Grantee shall not have any claim on account of such entries against
the Grantor or any of its agents except as may be provided by law. The Grantor shall
be responsible, to the extent provided in the Federal Tort Claims Act, for any personal
injury or property damage or claims, suits or penalties related to Grantor's
environmental activities on the property At the conclusion of any such entry by Grantor,
Grantor shall restore the Property to the condition existing immediately prior to entry as
required by applicable law.
6. Restrictive Covenant:
A. This Declaration of Restrictive Covenant is made pursuant to RCW
70.1 05D.030(1 )(f) and (g), RCW 64.040.010 and WAC 173-340-440 by the United
States Department of the Navy hereafter "Navy" and the City of Bremerton. This
Declaration of Restrictive Covenant is intended to be a covenant running with the title of
subject property and shall be binding on all parties and all persons claiming under them,
including all future owners of any portion of or interest in the Property under principles of
Washington State law.
B. The property that is the subject of this Restrictive Covenant is Operable Unit
0, at Naval Base Kitsap-Bremerton (NBK Bremerton) and has been the subject of a
remedial actions under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), 42 U.S.C. 9601, et seq. and Executive Order 12580. The
Navy, US Environmental Protection Agency and State of Washington Department of
Ecology signed a Record of Decision for OU 0 in April of 2005 at NBK Bremerton. The
applicable components of the selected remedies for the conveyed portion au Dare:
Vegetated Cap, Groundwater Monitoring, Shoreline Protection, and Institutional
Controls. The Remedial Actions conducted at the property are described fully in the
Final Record of Decision for Operable Unit 0 that is on file at US EPA, 1200 Sixth
Avenue, Seattle, WA.
C. This Restrictive Covenant is required because soil contained under the
vegetated cap in OU-D exceeds MTCA Method B for the protection of surface water.
D. Navy as holder of legal title does hereby declare that it has authority to enter
into this Restrictive Covenant. Navy makes the following declarations as to limitations,
restrictions, and uses to which the property may be put. Furthermore, its is the intent of
the Navy that such declarations shall constitute covenants and/or equitable servitude
that run with the land, as provided by law, and be binding on all parties and all persons
claiming under them, including future owners of any portion of or interest in the property.
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
Section 1. Except as otherwise provided for in this Restrictive Covenant the Owner
shall not:
Use the Property for any uses other than recreational. Recreational use is defined as
walking, viewing, nature watching, playing, entertainment, festivals, markets, concerts,
museum and park food services, social activities, museum use and related activities,
movies, picnicking, exercising, relaxing and all other activities reasonably associated
with park, museum, and public open space usage..
Take or use groundwater for any purpose except monitoring.
Engage in any activity on the Property that may result in the release or exposure to the
environment of the contaminated soil that was contained as part of the Remedial Action
for OU-O, or create an new exposure pathway. Some examples of activities that are
prohibited in the capped areas include: drilling, digging. place any objects or use of any
equipment which deforms or stresses the surface beyond its load bearing capability,
piercing the surface with a rod, spike or similar item, bulldozing or earthwork.
Section 2. Notwithstanding any other provision of this Restrictive Covenant, Owner
may engage in activities on the Property that may interfere with the Remedial Action,
operation and maintenance, or monitoring provided that it obtains the prior written
approval of the Environmental Protection Agency, Region X (EPA) and Washington
Department of Ecology (WOOE). The Owner shall provide Navy with a copy of the
written approvals.
Section 3.
In conducting construction activities on the property the Owner shall comply with the
requirements set forth in Exhibit "0".
Section 4. The Owner shall notify the US Navy and EPA, or its successor agency,
before any use of the Property that is inconsistent with the terms of this Restrictive
Covenant
Section 5. The Owner shall allow authorized representatives of the US Navy, EPA, and
or its successor agency, the right to enter the Property at reasonable times for the
purpose of evaluating compliance with the Restrictive Covenant, and other required
plans, including the right to take samples.
Section 6. The Owner shall restrict leases of the Property to uses and activities
consistent with this Restrictive Covenant and shall notify all lessees of the restrictions
on the use of the Property.
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
Section 7. Conformed copies of the recorded Quitclaim Deed shall be forwarded to
EPA, Region 10, Office of Regional Counsel, 1200 Sixth Avenue, ORC-158, Seattle,
W A. The Owner shall include notice of this Restrictive Covenant in any instrument
conveying any interest in any portion of the Property.
Section 8. The Owner of the Property reserves the right under WAC 173-340.,440 to
record an instrument that provides that this Restrictive Covenant shall no longer limit the
use of the Property or be of any further force or effect provided that the US Navy, EPA
. and WDOE have determined in writing that the restrictive covenant is no longer required
to protect human health and the environment or otherwise to comply with an ARAR.
Section 9. The Owner hereby confirms that this Restrictive Covenant is enforceable at
law by the US Navy, EPA, and WDOE, all of whom shall be considered third party
beneficiaries of this Restrictive Covenant.
7. In the event that the conveyance of Parcel C fails to materialize for any reason,
title to Parcels A and 8, conveyed herein, shall revert to the Grantor free of any cost or
obligation whatsoever.
8. GRANTEE COVENANTS for itself, its heir, successors, and assigns and every
successor in interest to the property hereby conveyed, or any part thereof, that the said
Grantee and such heirs, successors, and assigns shall not discriminate upon the basis of
race, color, religion, or national origin in the practices conducted thereon. This covenant
shall not apply, however, to the lease or rental of a room or rooms within a family dwelling
unit; nor shall it apply with respect to religion to premises used primarily for religious
purposes. The United States of America shall be deemed a beneficiary of this covenant
without regard to whether it remains the owner of any land or interest therein in the
locality of the property hereby conveyed and shall have the sole right to enforce this
covenant in any court of competent jurisdiction.
GRANTOR:
UNITED STATES OF AMERICA
By
MICHAEL D. BRADY
Real Estate Contracting Officer
Engineering Field Activity, Northwest
Naval Facilities Engineering Command
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
Reviewed and Approved
As to Form and Legality:
Shelley K. Simcox
Counsel
Legal Description Approved:
Tom Phelps, Licensed Surveyor
GRANTEE:
THE CITY OF BREMERTON
By
Gary Sexton, Director
Department of Economic Development
EXHIBITS
Exhibit "A" - Public Law 108-136, Section 8143, Department of Defense Appropriation
Act of 1999
Exhibit "B" - Legal Description of City Property (Parcels A, and B)
Exhibit "C" - CERCLA 12(h) Notice
Exhibit "0" - Construction Requirements
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
STATE OF WASHINGTON)
) ss.
COUNTY OF KITSAP )
On this day of 2006, before me personally appeared Michael
D. Brady, known or identified to me to be the authorized agent of the United States of
America, the governmental entity that executed the instrument or the person who
executed the instrument on behalf of said governmental entity, and acknowledged to me
that such governmental entity executed the same.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Date:
NOTARY PUBLIC in and for the State of
Washington residing at
My commission expires:
PRINT NAME:
Use this space for Notary Seal/Stamp
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this day of , 2006, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Gary Sexton to me known to be the Director, Economic Development
Department of The City of Bremerton, the municipal corporation that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Date:
NOTARY PUBLIC in and for the State of
Washington residing at
My commission expires:
PRINT NAME:
Use this space for Notary Seal/Stamp
EXHIBIT" A"
SEC. 2828. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD,
BRE~IERTON, WASHINGTON.
(a) CONVEYANCE AUTHORIZED- The Secretary of the Navy may convey to the
City of Bremerton, Washington (in this section referred to as the 'City'), all right,
title, and interest of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 2.8 acres at the eastern
end of the Puget Sound Naval Shipyard, Bremerton, Washington, immediately
adjacent to the Bremerton Transportation Center.
(b) CONSIDERATION- As consideration for the conveyance under subsection
(a), the City, directly or through an agreement with another entity, shall replace
administrative space on the parcel to be conveyed by renovating for new
occupancy approximately 7,500 square feet of existing space in Building 433 at
Naval Station, Bremerton, Washington, at no cost to the United States, in
accordance with plans and specifications acceptable to the Secretary. In lieu of
any portion of such renovation, the Secretary may accept other facility alteration
or repair of not less than equal value.
(c) PAYMENT OF COSTS OF CONVEYANGE- (1) The Secretary shall require
the City to cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall refund the excess
amount to the City.
(2) Amounts received as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred by the Secretary in
carrying out the conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund or
account.
(d) ENVIRONMENTAL CONDITIONS- The Secretary may use funds available in
the Environmental Restoration Account, Navy to carry out the environmental
remediation of the real property to be conveyed under subsection (a). Such
environmental remediation shall be conducted in a manner consistent with
section 120 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620), including the requirement to consider the
anticipated future land use of the parcel.
(e) EXEMPTION FROM FEDERAL SCREENING- The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property for other
Federal use pursuant to sections 2693 and 2696 of title 10, United States Code.
(f) DESCRIPTION OF PROPERTY- The exact acreage and legal descriptionof
the real property to be conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary.
EXHIBIT" A"
(g) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests of
the United States.
EXHIBIT B
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FD 3. BRASS DISC
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DOYM IN MON CASE
BLOCK 10
CURVE TABLE
DELTA RADIUS
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AND ASSOCIATES INC.
3700 Pacilic Hwy. East, Slite 311
Tacoma Washi1gton 98424
?hone: 253.922.9780 ~
/
UNE TABLE
UNE BEARING
L1 SOr35'20"W
L2 N2914'24"W
L3 S60'46'07"W
L4 N6,,57'OO"W
L5 SOl'35'20.W
LENGTH
87.24'
44.17'
96.34'
43.68'
21.11'
PARCEL A
THAT PORTION OF PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS,
PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 OF SECTION 24, TOWNSHIP 24 NORTH,
RA.NGE 1 EAST, W.M., CITY OF BREMERTON, KITSAP COlJNTY, WASHINGTON, DESCRIBED
AS FOLLOWS;
COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF FIRST STREET AND
PACIFIC AVENUE;
THENCE SOUTH 88024'32" EAST ALONG THE CENTERLINE OF SAID FIRST STREET 149.02
FEET TO A BRASS MONUMENT;
THENCE SOUTH 01036'57" WEST 35.00 FEET TO THE SOUTHERL Y RIGHT-OF-WAY MARGIN
OF SAID FIRST STREET;
THENCE NORTH 88024'32" WEST ALONG SAID SOUTHERLY MARGIN 14.00 FEET TO THE
WESTERL Y LINE OF THE ALLEY IN BLOCK 10 OF SAID PLAT AND THE POINT OF
BEGINNING;
THENCE SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 87.24 FEET;
THENCE NORTH 29014'24" WEST 44.17 FEET;
THENCE SOUTH 60046'07" WEST 9634 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 150.00 FEET FROM WENCE
THE CENTER BEARS SOUTH 41029' 40" EAST;
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE35.20 FEET THROUGH A
CENTRAL ANGLE OF 13026'40";
THENCE NORTH 61057'00" WEST 43.68 FEET TO THE BEGINNING OF A CURVE CONCA VETO
THE NORTHEAST HAVING A RADIUS OF 67.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 74.31 FEET THROUGH A CENTRAL
ANGLE OF 63032'46" TO THE SOUTHERLY RIGHT-OF-WAY MARGIN OF SAID FIRST STREET;
THENCE SOUTH 88024'32" EAST ALONG SAID SOUTHERLY MARGIN 211.01 FEET TO THE
POINT OF BEGINNING.
CONTAINING 14,581 SQUARE FEET OR 0.33 ACRES, MORE OR LESS.
EXHIBIT B
m 3" BRASS DISC
wrt IN MOIl CASE
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. 149.02'(~- S01'36'57"W
:ll149'(PLA T) 35.00'
714.00'
0'.
~ I ~ m 3" BRASS DISC
BLOCK 10 ~ 8 STAMPED "PSNS2
~ ~ 1994 LS15661" 0.3'
DO~ IN MON CASE
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g AND ASSOCIATES INC.
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,.:J 3700 Pacllc Hwy. Eaat, BUlo 3tI
I C; Tacana Wa.eI1i1llon 98424
I ~ Phon<I' 253.922.971lO
UNE TABLE ~
UNE BEARING LENGTH
L6 S38'18'20"E 26.28'
L7 N60'33'18"E 3.60'
L8 N29'23' 31"W 38.79'
L9 N60'45'58"E 36.72'
L12 N60'45'58"E 61.05'
U3 N42'58'09"W 13.67'
U6 S38'18'20"E 44.49'
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PARCEL B
THAT PORTION OF PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS,
PAGE 30, AND TIDELANDS, SITUATE WITHIN SECTION 24, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., CITY OF BREMERTON, KlTSAP COUNTY , WASHINGTON, DESCRIBED AS
FOLLOWS;
COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF FIRST STREET AND
PACIFIC AVENUE;
THENCE SOUTH 88024'32" EAST ALONG THE CENTERLINE OF SAID FIRST STREET 149.02
FEET TO A BRASS MONUMENT;
THENCE SOUTH 01036'57" WEST 35.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY MARGIN
OF SAID FIRST STREET;
THENCE NORTH 88024'32" WEST ALONG SAID SOUTHERLY MARGIN 14.00 FEET TO THE
WESTERLY LINE OF THE ALLEY IN BLOCK 10 OF SAID PLAT;
THENCE SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 108.35 FEET TO A BRASS
MONUMENT STAMPED PSNS2;
THENCE SOUTH 38018'20" EAST 26.28 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 38018'20" EAST 44.49 FEET;
THENCE SOUTH 29019' 15" EAST 585.51 FEET TO THE LINE OF ORDINARY HIGH TIDE;
THENCE SOUTH 46033'33" WEST ALONG SAID LINE OF ORDINARY HIGH TIDE 214.46 FEET;
THENCE NORTH 42058'09" WEST 13.67 FEET;
THENCE NORTH 00000'23" EAST 208.76 FEET;
THENCE NORTH 29014'02" WEST 237.36 FEET;
THENCE NORTH 60045'58" EAST 61.05 FEET;
THENCE NORTH 29014'02" WEST 210.48 FEET;
THENCE NORTH 60045'58" EAST 36.72 FEET;
THENCE NORTH 29023'31" WEST 38.79 FEET;
THENCE NORTH 60033'18" EAST 3.60 FEET TO THE POINT OF BEGINNING.
CONT AINING 62,512 SQUARE FEET OR 1.44 ACRES, MORE OR LESS.
DRAFT HWIHS DEED NOllRCAllON, LAND 'ffiANSFER au D
BREMERTON, WASHINGTON
U.S. Navy Engineering r:kld Activity, Northwesl
Conlract No. N44255-02-D-200R
Delivery Order 0009
EXHIBIT "C"
Section X.X
Revision No.: 0
Dale: 12/05/05
Page X-X
Table X-X
Summary of HW/HS Deed Notification
Land Transfer au D
'Sloi~g~(sj'
1,1.1.trichloroelhane 1 3 6 454 1000 NA
1 ,1.2-hichlorO-1 ,2,2-trifluoroethane 79.34.5 197 435 NA NA NA
1,1,2-trichloroelhane 71-55-6 0 \ 45.4 100 NA
l-propanol "/'-23--8 9 20 2270 5000 NA
Acetic Acid 64.19-7 15 32 2270 5000 NA
Acetone 67-64-' 181 399 2270 5000 NA
Ammonium Hydroxide 1336-21.-6 130 287 454 1000 NA
Ar:;enic Trioxide, grams 1327-53.3 0 1 0.454 1 NA
Benzene 71-43.2 2 4 4.54 10 NA
Cadmium Oxide 7440-43.9 0 1 4.54 10 NA
Carbon DisuHide 75-15.0 2 5 45.4 lDO NA
Elh~ Alcohol 64.17.5 7 16 454 1000 NA
Ethylene Glycol 107.21-' 9 20 2270 5000 NA
Fonnaldehyde SO.OQ.O 8 18 45.4 100 NA
Hexane 110.54.3 504 1111 2270 5000 NA
Hvdrazine 302''()1-2 0 1 0.454 1 NA
Hydrochloric Acid 7647..()1~ 84 186 2270 5000 NA
Hydrollooric Acid 7664.39.3 3 6 45.4 100 NA
Hydrogen Peroxide 7722-84~1 40 89 4.54 10 NA
OU D OUD S 25 NA NA Unknown
lso-octana 78-83-1 56 NA
Isopropyl Alcohol 67-63-0 47 104 NA NA NA
Melhyl Alcohol 67-56-1 124 274 2270 5000 NA
M.t~ EI~ K81o,," 78.93.3 18 40 2270 5000 NA
Methylene Chloride 75-00-2 ' 331 730 454 1000 NA
n-Bu\'y1 Alcohol 35296-72-1 1 3 2270 5000 NA
NilricAcid 7697--37 -2 295 651 454 1000 NA
m-X lane 108.38.3 0 1 454 1000 NA
a-Xylene 95-47-6 0 \ 454 1000 NA
p-Xylene 106.-42-3 2 5 45.4 100 NA
Perchlone Acid 14797-73-0 1 3 45.4 100 NA
Petroletrn Ether 8032-324 126 278 NA NA NA
Phenol. grams , 08-95-2 0 1 454 1000 NA
Phosphoric Acid 7664-38-2 9 19 2270 5000 NA
Potassium Cyanide, grams 74-90-13 0 1 4.54 10 NA
Sodium Cyanide, lb. 143-33-9 I 3 4.54 10 NA
Su"uric Acid 7664-93-9 82 181 454 1000 NA
Toluene 108-88.3 23 50 454 1000 NA
Xylene 1330.20.7 8 \8 45.4 100 NA
W:\.~070~\OJ04 ,04\ \~UMMA1\ Y or- IfW --US nEED NOTIFlrA nON
EXHIBIT" A" TO PURCHSE AND SALE AGREEMENT
EXHIBIT 0
CONSTRUCTION REQUIREMENTS
1.) Native soil (soil not imported and located under the protective remedy) should be
managed such that it does not destroy the integrity of and or contaminate the
protective remedy.
2.) The construction site should managed such that water (natural or anthropogenic)
in contact with the native soil does not migrate off site or cause additional
groundwater flow. Dust should be suppressed, leachate collected and treated,
and storm water runoff directed to prevent contact with the native soil. If during
construction water must come in contact with the native soil it should be collected
and stored for analysis and treatment. Specifically, water accumulating within an
excavation should be collected and water should not be directed into a trench for
containment and allowed to charge the surrounding soil (recharge the
groundwater more than remedy naturally allows).
3.) Imported soil shall be sampled to insure it is clean.
4.) Soil shall not be exported offsite except for disposal. Soil to be disposed of shall
be designated per the requirements set forth in the WAC dangerous waste.
5.) Excavated soil to be reused onsite or designated for disposal should be
stockpiled per the following requirements:
a. Soil will be accumulated as near to the excavation as practicable
b. An impervious sheet of plastic that has a minimum thickness of 10 mil will
underlie the soil.
c. A containment berm will be constructed around the stockpile using clean coarse
aggregate or eco-blocks to the stockpile underlain impervious layer. The berm
will be constructed to prevent water from running under and prevent leachate
from the stockpiled soil from discharging. If the soil is moist enough that leachate
has formed, a leachate collection system within the bottom layer of the soil must
be placed between the stockpiled soil and the bottom impervious layer.
d. The edges of the underlay plastic for the pile must be laid over the top of the
berm and secured to prevent water from running under the soil stockpile.
e. An impervious continuous sheet of plastic of minimum thickness of 10 mil will be
placed over the stockpile and the outside of the berm to direct run-on away from
the stockpile.
f. The stockpile cover will be secured to ensure protection from wind.
g, The stockpile will be covered and secured at all time except when adding or
removing soil or taking samples.
EXHIBIT "A" TO PURCHSE AND SALE AGREEMENT
h. The stockpile covers will be inspected daily to ensure that the plastic is covering
the stockpile and there is no run-on and run-off the stockpile.
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
When Recorded Return to:
City of Bremerton
345 6tn Street, 6tn Floor
Bremerton, WA 98337
Attention: Gary Sexton, Director of Economic Development
Document Title: QUITCLAIM DEED
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: THE UNITED STATES OF AMERICA
Grantee's Name: THE CITY OF BRE:MERTON
Abbreviated Legal Description:
Parcel C: A portion of Government Lot 3 of Section 24, Township 24 North, Range 1
East, W.M., City of Bremerton, Kitsap County, WA as recorded in Volume 2 of Plats,
Page 30, containing 0.25 acres more or less.
Assessor's Property Tax Parcel Account Numbers:
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
N4425506RPOOZ04
QUITCLAIM DEED
This Deed is made this ~ day of , 2006, by THE UNITED
STATES OF AMERICA, acting by and through the Department of the Navy (herein
called "Grantor" or "USA"), in favor of THE CITY OF BREMERTON, a municipal
corporation of the State of Washington (herein called "Grantee" or "City").
RECITAL
This conveyance of property is made pursuant the authority granted in Section 2845 of
Public Law 108-136; the National Defense Authorization Act of 2004, attached hereto as
Exhibit "A".
CONVEYANCE
Grantor does hereby release, convey and quitclaim to Grantee, its successors and
assigns, all Grantor's right, title and interest, together with all after-acquired title of the
Grantor and any and all rights in abutting streets, in and to the real property and all
improvements thereon and appurtenances thereto (the "Property"), located in Kitsap
County, Washington and described in Exhibit "B" attached hereto and incorporated
herein by this reference ("City Property"), subject to the following:
REPRESENTATIONS, COVENANTS AND RESTRICTIONS
Subject to the following Covenants, Restrictions and Conditions that shall be binding
upon and enforceable against Grantee, its successors and assigns, in perpetuity, and to
the following notices:
1. Grantee agrees to accept conveyance of the Property subject to all covenants,
conditions, restrictions, easements, rights-of-way, reservations, rights, agreements, and
encumbrances of record or not recorded.
2. A Finding of Suitability for Transfer ("FaST") has been completed and an
Environmental Baseline Survey ("EBS") is referenced in the FaST. The FaST and EBS
reference environmental conditions on the Property and on the other property not
subject to this Deed. Grantee acknowledges that it has received copies of the EBS and
the FOST; that it is aware of the notification contained therein; and that all documents
referenced therein have been made available to Grantee.
3. Except as otherwise provided herein, or as otherwise provided by law, Grantee
acknowledges that it has inspected, is aware of, and accepts the condition and state of
repair nf the Property, and that the Property is conveyed "as is" and "where is" without
any representations, promise, agreement, or warranty on the part of Grantor regarding
such conditfon and state of repair or regarding the making of any alterations,
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
improvements, repairs or additions. Except for the environmental remediation that may
be required to be undertaken by Grantor pursuant to paragraph F below, Grantee further
acknowledges that Grantor shall not be liable for any latent or patent defects in the
Property except to the extent required by applicable law. The recording of this deed on
behalf of the Grantee shall be conclusive evidence of Grantee's acceptance of both this
deed, and the condition of all property conveyed hereby.
4. Asbestos Containing Materials:
A. Grantee is hereby informed and does hereby acknowledge that hazardous
materials in the form of asbestos or asbestos containing materials ("ACM") have been
found or are otherwise presumed to exist on the Property as disclosed and detailed in
the EBS.
5. CERCLA Notices and Covenants:
A. Notices: Hazardous Substances Notification. Pursuant to 42 U.S.C.
S 9620(h)(3)(A), and the provisions of 40 C.F.R. Part 373, the Grantor hereby gives
notice that hazardous substances were stored for one year or more, released and
disposed of on the Property. The information contained in this notice is required by
regulations promulgated under Section 120(h) of the Comprehensive Environmental
Response, Liability, and Compensation Act (CERCLA), 42 U.S.C. S 9620(h). Grantor
has made a complete search of the files and records concerning the Property. To the
extent such information is available on the basis of said search, Grantor has disclosed
and detailed in Exhibit "c" the type and quantity of such hazardous substances, the time
at which such storage, release or disposal took place, to the extent that such
information was available, and the remedial action taken, if any.
B. Pursuant to Section 120(h)(3)(A)(ii) of CERCLA (42 U.S.C. S
9620(h)(3)(A)(ii)) Grantor covenants and warrants that:
(1) all remedial action necessary to protect human health and the
environment with respect to any hazardous substance identified pursuant to section
120(h)(3)(A)(i) of CERCLA and remaining on the Property has been taken before the
date of this deed, and
(2) Any additional remedial action found to be necessary after the date of
such transfer shall be conducted by the Navy. This covenant shall not apply to the
extent that Grantee caused or contributed to any release or threatened release of any
hazardous substance, pollutant, or contaminant.
C. Access [CERCLA 42 U.S.C. S 9620 (h)(3)(A)(iii)]. In connection with
Grantor's covenant above and in connection with ongoing remediation on Grantor's
property adjacent to the Property, Grantee agrees on behalf of itself, its successors and
assigns, as a covenant running with the land, that Grantor, or its officers, agents,
employees, contractors, and subcontractors, shall have the right, upon reasonable
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
notice to GRANTEE, to enter upon the Property in any case in which a response action,
or corrective action is found to be necessary at such property after the date of this deed,
or such access is necessary to carry out a response action, or corrective action on
adjoining property. Grantee shall not have any claim on account of such entries against
the Grantor or any of its agents except as may be provided by law. The Grantor shall
be responsible, to the extent provided in the Federal Tort Claims Act, for any personal
injury or property damage or claims, suits or penalties related to Grantor's
environmental activities on the property At the conclusion of any such entry by Grantor,
Grantor shall restore the Property to the condition existing immediately prior to entry as
required by applicable law.
6. Restrictive Covenant:
A. This Declaration of Restrictive Covenant is made pursuant to RCW
70.105D.030(1)(f) and (g), RCW 64.040.010 and WAC 173-340-440 by the United
States Department of the Navy hereafter "Navy" and the City of Bremerton. This
Declaration of Restrictive Covenant is intended to be a covenant running with the title of
subject property and shall be binding on all parties and all persons claiming under them,
including all future owners of any portion of or interest in the Property under principles of
Washington State law.
B. The property thatis the subject of this Restrictive Covenant is Operable Unit
D, at Naval Base Kitsap-Bremerton (NBK Brernerton) and has been the subject of a
remedial actions under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), 42 U.S.C. 9601, et seq. and Executive Order 12580. The
Navy, US Environmental Protection Agency and State of Washington Department of
Ecology signed a Record of Decision for OU D in April of 2005 at NBK Bremerton. The
applicable components of the selected remedies for the conveyed portion OU Dare:
Vegetated Cap, Groundwater Monitoring, Shoreline Protection, and Institutional
Controls. The Remedial Actions conducted at the property are described fully in the
Final Record of Decision for Operable Unit D that is on file at US EPA, 1200 Sixth
Avenue, Seattle, WA.
C. This Restrictive Covenant is required because soil contained under the
vegetated cap in OU-D exceeds MTCA Method B for the protection of surface water.
D. Navy as holder of legal title does hereby declare that it has authority to enter
into this Restrictive Covenant. Navy makes the following declarations as to limitations,
restrictions, and uses to which the property may be put. Furthermore, its is the intent of
the Navy that such declarations shall constitute covenants and/or equitable servitude
that run with the land, as provided by law, and be binding on all parties and all persons
claiming under them, including future owners of any portion of or interest in the property.,
EXHIBIT "8" TO PURCHASE AND SALE AGREEMENT
Section 1. Except as otherwise provided for in this Restrictive Covenant the Owner
shall not:
Use the Property for any uses other than recreational. Recreational use is defined as
walking, viewing, nature watching, playing, entertainment, festivals, markets, concerts,
museum and park food services, social activities, museum use and related activities,
movies, picnicking, exercising, relaxing and all other activities reasonably associated
with park, museum, and public open space usage..
Take or use groundwater for any purpose except monitoring.
Engage in any activity on the Property that may result in the release or exposure to the
environment of the contaminated soil that was contained as part of the Remedial Action
for OU-D, or create an new exposure pathway. Some examples of activities that are
prohibited in the capped areas include: drilling, digging, place any objects or use of any
equipment which deforms or stresses the surface beyond its load bearing capability,
piercing the surface with a rod, spike or similar item, bulldozing or earthwork.
Section 2. Notwithstanding any other provision of this Restrictive Covenant, Owner
may engage in activities on the Property that may interfere with the Remedial Action,
operation and maintenance, or monitoring provided that it obtains the prior written
approval of the Environmental Protection Agency, Region X (EPA) and Washington
Department of Ecology (WDOE). The Owner shall provide Navy with a copy of the
written approvals.
Section 3.
In conducting construction activities on the property the Owner shall comply with the
requirements set forth in Exhibit "0".
Section 4. The Owner shall notify the US Navy and EPA, or its successor agency,
before any use of the Property that is inconsistent with the terms of this Restrictive
Covenant.
Section 5. The Owner shall allow authorized representatives of the US Navy, EPA, and
or its successor agency, the right to enter the Property at reasonable times for the
purpose of evaluating compliance with the Restrictive Covenant, and other required
plans, including the right to take samples.
Section 6. The Owner shall restrict leases of the Property to uses and activities
consistent with this Restrictive Covenant and shall notify all lessees of the restrictions
on the use of the Property.
Section 7, Conformed copies oHhe recorded Quitclaim Deed shall be forwarded to
EPA, Region 10, Office of Regional Counsel, 1200 Sixth Avenue. ORC-158, Seattle,
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
W A. The Owner shall include notice of this Restrictive Covenant in any instrument
conveying any interest in any portion of the Property.
Section 8. The Owner of the Property reserves the right under WAC 173-340-440 to
record an instrument that provides that this Restrictive Covenant shall no longer limit the
use of the Property or be of any further force or effect provided that the US Navy, EPA
and WDOE have determined in writing that the restrictive covenant is no longer required
to protect human health and the environment or otherwise to comply with an ARAR.
Section 9. The Owner hereby confirms that this Restrictive Covenant is enforceable at
law by the US Navy, EPA, and WDOE, all of whom shall be considered third party
beneficiaries of this Restrictive Covenant.
8. GRANTEE COVENANTS for itself, its heir, successors, and assigns and every
successor in interest to the property hereby conveyed, or any part thereof, that the said
Grantee and such heirs, successors, and assigns shall not discriminate upon the basis of
race, color, religion, or national origin in the practices conducted thereon. This covenant
shall not apply, however, to the lease or rental of a room or rooms within a family dwelling
unit; nor shall it apply with respect to religion to premises used primarily for religious
purposes. The United States of America shall be deemed a beneficiary of this covenant
without regard to whether it remains the owner of any land or interest therein in the
locality of the property hereby conveyed and shall have the sole right to enforce this
covenant in any court of competent jurisdiction.
GRANTOR:
UNITED STATES OF AMERICA
By
MICHAEL D. BRADY
Real Estate Contracting Officer
Engineering Field Activity, Northwest
Naval Facilities Engineering Command
Reviewed and Approved
As to Form and Legality:
Shelley K. Simcox
Counsel
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
Legal Description Approved:
Tom Phelps, Licensed Surveyor
GRANTEE:
THE CITY OF BREMERTON
By
Gary Sexton, Director
Department of Economic Development
EXHIBITS
Exhibit "A" - Public Law 108-136, Section 8143, Department of Defense Appropriation
Act of 1999
Exhibit "B" - Legal Description of City Property (Parcel C)
Exhibit "c" - CERCLA 12(h) Notice
Exhibit "0" - Construction Requirements
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
STATE OF WASHINGTON)
) ss.
COUNTY OF KITSAP )
On this day of 2006, before me personally appeared Michael
D. Brady, known or identified to me to be the authorized agent of the United States of
America, the governmental entity that executed the instrument or the person who
executed the instrument on behalf of said governmental entity, and acknowledged to me
that such governmental entity executed the same.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Date:
NOTARY PUBLIC in and for the State of
Washington residing at
My commission expires:
PRINT NAME:
Use this space for Notary Seal/Stamp
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this day of ,2006, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Gary Sexton to me known to be the Director, Economic Development
Department of The City of Bremerton, the municipal corporation that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Date:
NOTARY PUBLIC in and for the State of
Washington residing at
My commission expires:
PRINT NAME:
Use this space for Notary Seal/Stamp
EXHIBIT" A"
SEC. 2828. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD,
BREMER TON, WASHINGTON.
(a) CONVEYANCE AUTHORIZED- The Secretary of the Navy may convey to the
City of Bremerton, Washington (in this section referred to as the 'City'), all right,
title, and interest of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 2.8 acres at the eastern
end of the Puget Sound Naval Shipyard, Bremerton, Washington, immediately
adjacent to the Bremerton Transportation Center.
(b) CONSIDERATION- As consideration for the conveyance under subsection
(a), the City, directly or through an agreement with another entity, shall replace
administrative space on the parcel to be conveyed by renovating for new
occupancy approximately 7,500 square feet of existing space in Building 433 at
Naval Station, Bremerton, Washington, at no cost to the United States, in
accordance with plans and specifications acceptable to the Secretary. In lieu of
any portion of such renovation, the Secretary may accept other facility alteration
or repair of not less than equal value.
(c) PAYMENT OF COSTS OF CONVEYANCE- (1) The Secretary shall require
the City to cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the Secretary incurring the
actual costs, and'the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall refund the excess
amount to the City.
(2) Amounts received as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred by the Secretary in
carrying out the conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund or
account.
(d) ENVIRONMENTAL CONDITIONS- The Secretary may use funds available in
the Environmental Restoration Account, Navy to carry out the environmental
remediation of the real property to be conveyed under subsection (a). Such
environmental remediation shall be conducted in a manner consistent with
section 120 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620), including the requirement to consider the
anticipated future land use of the parcel.
(e) EXEMPTION FROM FEDERAL SCREENING- The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property for other
Federal use pursuant to sections 2693 and 2696 of title 10, United States Code.
(f) DESCRIPTION OF PROPERTY- The exact acreage and legal description of
the real property to be conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary.
EXHIBIT "A"
(g) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests of
the United States.
DRAFf HW/HS DEED NOTIFICATION, LAND TRANSFER OU D
BREMERTON. WASHINGTON
U.S. Navy Engineering Field Activity, Northwest
Contract No. N44255-02-D-2008
Delivery Order 0009
EXHIBIT "C"
Seclion X,X
Revision No.: 0
Date: 12105/05
Page X-X
Table X-X
Summary of HW/HS Deed Notification
Land Transfer OU D
1,' ,2-trichloro",2,2-tri11uoroelhane 79-34-5 197 435 NA NA NA
, ,1 ,2-trichloroelhane 71.55-6 0 1 45.4 100 NA
'-propanof 71-23.8 9 20 2270 5000 NA
Acetic Acid 64-19-7 15 32 2270 5000 NA
Acetone 67-64-1 181 399 2270 5000 NA
Ammonium Hydroxide 1336.21-6 130 287 454 1000 NA
Arsenic Trioxide, grams 1327-53-3 0 1 0.454 1 NA
Benzene 71-43.2 2 4 4.54 10 NA
Cadmium Oxide 7440-43.9 0 1 4.54 10 NA
Carbon Disulfide 75-15-0 2 5 45.4 100 NA
Ethyl Alcohol 64-17.5 7 16 454 1000 NA
Ethylene Glycol 107-21-1 9 20 2270 5000 NA
Formaldehvde 50-00-0 8 18 45.4 100 NA
Hexane 110-54-3 504 '111 2270 5000 NA
Hydrazine 302-01-2 0 1 0.454 1 NA
Hvdrochloric Acid 7647-01-0 84 . 186 2270 5000 NA
Hydrofluoric Acld 7664-39-3 3 6 45.4 100 NA
Hydrogen Peroxide 7722-84-1 40 89 4.54 10 NA
OUD OUD S lso-oclane 78-83-1 25 56 NA NA NA UnJ.:nown
Isopropyl Alcohol 67-63.Q 47 104 NA NA NA
Melhyl Alcohol 67-56-1 124 274 2270 5000 NA
Methyl Ethyl Kelone 78-93-3 18 40 2270 5000 NA
Methylene Chloride 75.()9-2 331 730 454 1000 NA
n-ButyI Alcohol 35296-72-1 1 3 2270 5000 NA
Nitric Acid , 7697-37-2 295 651 454 1000 NA
m-Xylene ~, ' 108-38-3 0 1 454 1000 NA
o-X lene 95-47-6 0 1 454 1000 NA
p-Xyleoo 10642-3 2 5 45.4 100 NA
Perchloric Acid 14797-73-0 1 3 45.4 100 NA
Petroleum Ether 8032-32-4 126 278 NA NA NA
Phenol, grams 108-95-2 0 1 454 1000 NA
Phosphoric Acid 7664-38-2 9 19 2270 5000 NA
Potassium Cyanide, arams 74.90-8 0 1 4.54 10 NA
Sodium Cyanide, lb. 143-33-9 1 3 4.54 10 NA
Sulfuric Acid 7664-93.9 82 181 454 1000 NA
T 010000 108-88-3 23 50 454 1000 NA
Xylene 1330.20-7 8 18 45.4 100 NA
W:\'>070:'lIll:'104.04 JlSUMMARY or HW-HS DEED NOTlT'TCAll0N
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
EXHIBIT D
CONSTRUCTION REQUIREMENTS
1.) Native soil (soil not imported and located under the protective remedy) should be
managed such that it does not destroy the integrity of and or contaminate the
protective remedy.
2.) The construction site should managed such that water (natural or anthropogenic)
in contact with the native soil does not migrate off site or cause additional
groundwater flow. Dust should be suppressed, leachate collected and treated,
and storm water runoff directed to prevent contact with the native soil. If during
construction water must come in contact with the native soil it should be collected
and stored for analysis and treatment. Specifically, water accumulating within an
excavation should be collected and water should not be directed into a trench for
containment and allowed to charge the surrounding soil (recharge the
groundwater more than remedy naturally allows).
3.) Imported soil shall be sampled to insure it is clean.
4.) Soil shall not be exported offsite except for disposal. Soil to be disposed of shall
be designated per the requirements set forth in the WAC dangerous waste.
5.) Excavated soil to be reused onsite or designated for disposal should be
stockpiled per the following requirements:
a. Soil will be accumulated as near to the excavation as practicable
b. An impervious sheet of plastic that has a minimum thickness of 10 mil will
underlie the soil.
c. A containment berm will be constructed around the stockpile using clean coarse
aggregate or eco-blocks to the stockpile underlain impervious layer. The berm
will be constructed to prevent water from running under and prevent leachate
from the stockpiled soil from discharging. If the soil is moist enough that leachate
has formed, a leachate collection system within the bottom layer of the soil must
be placed between the stockpiled soil and the bottom impervious layer.
d. The edges of the underlay plastic for the pile must be laid over the top of the
berm and secured to prevent water from running under the soil stockpile.
e. An impervious continuous sheet of plastic of minimum thickness of 10 mil will be
placed over the stockpile and the outside of the berm to direct run-on away from
the stockpile.
f. The stockpile cover will be secured to ensure protection from wind.
g. The stockpile will be covered and secured at all time except when adding or
removing soil or taking samples.
EXHIBIT "B" TO PURCHASE AND SALE AGREEMENT
h. The stockpile covers will be inspected daily to ensure that the plastic is covering
the stockpile and there is no run-on and run-off the stockpile.
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BEARING
S01'35'20"W
S2914'24"E
501'3S'20"W
53818'20"E
560'33'18"W
529'23'31"E
N2914'02"W
CURVE
C3
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EXHIBIT B
-------
2nd STREET
,------, r
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588"24'32"[ 329.63'(M) 329.7 4'(TlDE)
------
149.02'(M) 149'(PLAT)
"WSF PACE 23612"
----
501'36'S7"W
35.00'
LENGTH
87.24'
44.17'
21.11'
26.28'
3.60'
38.79'
45.85'
v/
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LENGTH
50.45'
32.22'
(
BLOCK 1
/
;rJ;
_AVID EVANS
AND ASSOCIATES INC.
3700 Paclllc Hwy. EuI, SUle :m
Tacoma W88hlngton 98424
F'hone< 253.922.97llO
PARCEL C
THAT PORTION OF PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS,
PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 OF SECTION 24, TOWNSHIP 24 NORTH,
RANGE] EAST, W.M., CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS;
COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF FIRST STREET AND
PACIFIC AVENUE;
THENCE SOUTH 88024'32" EAST ALONG THE CENTERLINE OF SAID FIRST STREET 149.02
FEET TO A BRASS MONUMENT;
THENCE SOUTH 01036'57" WEST 35.00 FEET TO THE SOUTHERL Y RIGHT-OF-WAY MARGIN
OF SAID FIRST STREET;
THENCE NORTH 88024'32" WEST ALONG SAID SOUTHERLY MARGIN 14.00 FEET TO THE
WESTERLY LINE OF THE ALLEY IN BLOCK 10 OF SAID PLAT;
THENCE SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 87.24 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 2 L 11 FEET TO
A BRASS MONUMENT STAMPED PSNS2;
THENCE SOUTH 38018'20" EAST 26.28 FEET
THENCE SOUTH 60033'18" WEST 3.60 FEET;
THENCE SOUTH 29023 '31" EAST 38.79 FEET;
THENCE SOUTH 60045'58" WEST 82.77 FEET;
THENCE NORTH 29014'02" WEST 45.85 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 103.00 FEET FROM WENCE
THE CENTER BEARS SOUTH 78041 '30" WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 32.22 FEET THROUGH A CENTRAL
ANGLE OF 17055'33" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 150.00 FEET FROM WENCE THE CENTER BEARS SOUTH
60045'38" WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 50.45 FEET THROUGH A CENTRAL
ANGLE OF 19016'18";
THENCE NORTH 60046'07" EAST 96.34 FEET;
THENCE SOUTH 29014'24" EAST 44.17 FEET TO THE POINT OF BEGINNING.
CONTAINING 10,870 SQUARE FEET OR 0.25 ACRES, MORE OR LESS.
EXHIBIT "C" TO PURCHASE AND SALE AGREEMENT
When Recorded Return to:
City of Bremerton
345 6tn Street, 6tn Floor
Bremerton, WA 98337
Attention: Gary Sexton, Director of Economic Development
Document Title: QUITCLAIM DEED
Reference Number of Document Assigned or Released: Not Applicable
Grantor's Name: THE UNITED STATES OF AMERICA ..
Grantee's Name: THE CITY OF BREMERTON
Abbreviated Legal Description:
Parcel D: A portion of Government Lot 3 of Section 24, Township 24 North, Range 1
East, W.M., City of Bremerton, Kitsap County, WA as recorded in Volume 2 of Plats,
Page 30, containing 0.30 acres more or less.
Assessor's Property Tax Parcel Account Numbers:
EXHIBIT "C" TO PURCHASE AND SALE AGREEMENT
N4425506RPOOZ05
QUITCLAIM DEED
This Deed is made this _ day of ,2006, by THE UNITED
STATES OF AMERICA, acting by and through the Department of the Navy (herein
called "Grantor" or "USA"), in favor of THE CITY OF BREMERTON, a municipal
corporation of the State of Washington (herein called "Grantee" or "City").
RECITAL
This conveyance of property is made pursuant the authority granted in Section 2845 of
Public Law 108-136; the National Defense Authorization Act of 2004, attached hereto as
Exhibit "A".
CONVEYANCE
Grantor does hereby release, convey and quitclaim to Grantee, its successors and
assigns, all Grantor's right, title and interest, together with all after-acquired title of the
Grantor and any and all rights in abutting streets, in and to the real property and all
improvements thereon and appurtenances thereto (the "Property"), located in Kitsap
County, Washington and described in Exhibit "B" attached hereto and incorporated
herein by this reference ("City Property"), subject to the following:
REPRESENTATIONS, COVENANTS AND RESTRICTIONS
Subject to the following Covenants, Restrictions and Conditions that shall be binding
upon and enforceable against Grantee, its successors and assigns, in perpetuity, and to
the following notices:
1. Grantee agrees to accept conveyance of the Property subject to all covenants,
conditions, restrictions, easements, rights-of-way, reservations, rights, agreements, and
encumbrances of record or not recorded.
2. A Finding of Suitability for Transfer ("FOST") has been completed and an
Environmental Baseline Survey ("EBS") is referenced in the FOST. The FOST and EBS
reference environmental conditions on the Property and on the other property not
subject to this Deed. Grantee acknowledges that it has received copies of the EBS and
the FOST; that it is aware of the notification contained therein; and that all documents
referenced therein have been made available to Grantee.
3. Except as otherwise provided herein, or as otherwise provided by law, Grantee
acknowledges that it has inspected, is aware of, and accepts the condition and state of
repair of the Property, and that the Property is conveyed "as is" and "where is" without
any representations, promise, agreement, or warranty on the part of Grantor regarding
such condition and state of repair or regarding the making of any alterations,
EXHIBIT "C" TO PURCHASE AND SALE AGREEMENT
improvements, repairs or additions. Except for the environmental remediation that may
be required to be undertaken by Grantor pursuant to paragraph F below, Grantee further
acknowledges that Grantor shall not be liable for any latent or patent defects in the
Property except to the extent required by applicable law. The recording of this deed on
behalf of the Grantee shall be conclusive evidence of Grantee's acceptance of both this
deed, and the condition of all property conveyed hereby.
4. Asbestos Containing Materials:
A. Grantee is hereby informed and does hereby acknowledge that hazardous
materials in the form of asbestos or asbestos containing materials ("ACM") have been
found or are otherwise presumed to exist on the Property as disclosed and detailed in
the EBS.
5. CERCLA Notices and Covenants:
A. Notices: Hazardous Substances Notification. Pursuant to 42 U.S.C.
S 9620(h)(3)(A), and the provisions of 40 C.F.R. Part 373, the Grantor hereby gives
notice that hazardous substances were stored for one year or more, released and
disposed of on the Property. The information contained in this notice is required by
regulations promulgated under Section 120(h) of the Comprehensive Environmental
Response, Liability, and Compensation Act (CERCLA), 42 U.S.C. S 9620(h). Grantor
has made a complete search of the files and records concerning the Property. To the
extent such information is available on the basis of said search, Grantor has disclosed
and detailed in Exhibit "c" the type and quantity of such hazardous substances, the time
at which such storage, release or disposal took place, to the extent that such
information was available, and the remedial action taken, if any.
B. Pursuant to Section 120(h)(3)(A)(ii) of CERCLA (42 U.S.C. S
9620(h)(3)(A)(ii)) Grantor covenants and warrants that:
(1) all remedial action necessary to protect human health and the
environment with respect to any hazardous substance identified pursuant to section
120(h)(3)(A)(i) of CERCLA and remaining on the Property has been taken before the
date of this deed, and
(2) Any additional remedial action found to be necessary after the date of
such transfer shall be conducted by the Navy. This covenant shall not apply to the
extent that Grantee caused or contributed to any release or threatened release of any
hazardous substance, pollutant, or contaminant.
C. Access [CERCLA 42 U.S.C. S 9620 (h)(3)(A)(iii)). In connection with
Grantor's covenant above and in connection with ongoing remediation on Grantor's
property adjacent to the Property, Grantee agrees on behalf of itself, its successors and
assigns, as a covenant running with the land, that Grantor, or its officers, agents,
employees, contractors, and subcontractors, shall have the right, upon reasonable
EXHIBIT "e" TO PURCHASE AND SALE AGREEMENT
notice to GRANTEE, to enter upon the Property in any case in which a response action,
or corrective action is found to be necessary at such property after the date of this deed,
or such access is necessary to carry out a response action, or corrective action on
adjoining property. Grantee shall not have any claim on account of such entries against
the Grantor or any of its agents except as may be provided by law. The Grantor shall
be responsible, to the extent provided in the Federal Tort Claims Act, for any personal
injury or property damage or claims, suits or penalties related to Grantor's
environmental activities on the property At the conclusion of any such entry by Grantor,
Grantor shall restore the Property to the condition existing immediately prior to entry as
required by applicable law.
6. Restrictive Covenant:
A. This Declaration of Restrictive Covenant is made pursuant to RCW
70.105D.030(1)(f) and (g), RCW 64.040.010 and WAC 173-340-440 by the United
States Department of the Navy hereafter "Navy" and the City of Bremerton. This
Declaration of Restrictive Covenant is intended to be a covenant running with the title of
subject property and shall be binding on all parties and all persons claiming under them,
including all future owners of any portion of or interest in the Property under principles of
Washington State law.
B. The property that is the subject of this Restrictive Covenant is Operable Unit
D, at Naval Base Kitsap-Bremerton (NBK Bremerton) and has been the subject of a
remedial actions under the Comprehensive Environmental Response, Compensation
and Liability Act (CERCLA), 42 U.S.C. 9601, et seq. and Executive Order 12580. The
Navy, US Environmental Protection Agency and State of Washington Department of
Ecology signed a Record of Decision for OU 0 in April of 2005 at NBK Bremerton. The
applicable components of the selected remedies for the conveyed portion au 0 are:
Vegetated Cap, Groundwater Monitoring, Shoreline Protection, and Institutional
Controls. The Remedial Actions conducted at the property are described fully in the
Final Record of Decision for Operable Unit D that is on file at US EPA, 1200 Sixth
Avenue, Seattle, WA.
C. This Restrictive Covenant is required because soil contained under the
vegetated cap in OU-D exceeds MTCA Method B for the protection of surface water.
D. Navy as holder of legal title does hereby declare that it has authority to enter
into this Restrictive Covenant. Navy makes the following declarations as to limitations,
restrictions, and uses to which the property may be put. Furthermore, its is the intent of
the Navy that such declarations shall constitute covenants and/or equitable servitude
that run with the land, as provided by law, and be binding on all parties and all persons
claiming under them, including future owners of any portion of or interest in the property.
EXHIBIT "e" TO PURCHASE AND SALE AGREEMENT
Section 1. Except as otherwise provided for in this Restrictive Covenant the Owner
shall not:
Use the Property for any uses other than recreational. Recreational use is defined as
walking, viewing, nature watching, playing, entertainment, festivals, markets, concerts,
museum and park food services, social activities, museum use and related activities,
movies, picnicking, exercising, relaxing and all other activities reasonably associated
with park, museum, and public open space usage..
Take or use groundwater for any purpose except monitoring.
Engage in any activity on the Property that may result in the release or exposure to the
environment of the contaminated soil that was contained as part of the Remedial Action
for OU-D, or create an new exposure pathway. Some examples of activities that are
prohibited in the capped areas include: drilling, digging, place any objects or use of any
equipment which deforms or stresses the surface beyond its load bearing capability,
piercing the surface with a rod, spike or similar item, bulldozing or earthwork.
Section 2. Notwithstanding any other provision of this Restrictive Covenant, Owner
may engage in activities on the Property that may interfere with the Remedial Action,
operation and maintenance, or monitoring provided that it obtains the prior written
approval of the Environmental Protection Agency, Region X (EPA) and Washington
Department of Ecology (WDOE). The Owner shall provide Navy with a copy of the
written approvals.
Section 3.
In conducting construction activities on the property the Owner shall comply with the
requirements set forth in Exhibit "0".
Section 4. The Owner shall notify the US Navy and EPA, or its successor agency,
before any use of the Property that is inconsistent with the terms of this Restrictive
Covenant.
Section 5. The Owner shall allow authorized representatives of the US Navy, EPA, and
or its successor agency, the right to enter the Property at reasonable times for the
purpose of evaluating compliance with the Restrictive Covenant, and other required
plans, including the right to take samples.
Section 6. The Owner shall restrict leases of the Property to uses and activities
consistent with this Restrictive Covenant and shall notify all lessees of the restrictions
on the use of the Property.
Section 7. Conformed copies of the recorded Quitclaim Deed shall be forwarded to
EPA, Region 10, Office of Regional Counsel, 1200 Sixth Avenue, ORC-158, Seattle,
EXHIBIT "c" TO PURCHASE AND SALE AGREEMENT
W A. The Owner shall include notice of this Restrictive Covenant in any instrument
conveying any interest in any portion of the Property.
Section 8. The Owner of the Property reserves the right under WAC 173-340-440 to
record an instrument that provides that this Restrictive Covenant shall no longer limit the
use of the Property or be of any further force or effect provided that the US Navy, EPA
and WDOE have determined in writing that the restrictive covenant is no longer required
to protect human health and the environment or otherwise to comply with an ARAR.
Section 9. The Owner hereby confirms that this Restrictive Covenant is enforceable at
law by the US Navy, EPA, and WDOE, all of whom shall be considered third party
beneficiaries of this Restrictive Covenant.
8. GRANTEE COVENANTS for itself, its heir, successors, and assigns and every
successor in interest to the property hereby conveyed, or any part thereof, that the said
Grantee and such heirs, successors, and assigns shall not discriminate upon the basis of
race, color, religion, or national origin in the practices conducted thereon. This covenant
shall not apply, however, to the lease or rental of a room or rooms within a family dwelling
unit; nor shall it apply with respect to religion to premises used primarily for religious
purposes. The United States of America shall be deemed a beneficiary of this covenant
without regard to whether it remains the owner of any land or interest therein in the
locality of the property hereby conveyed and shall have the sole right to enforce this
covenant in any court of competent jurisdiction.
GRANTOR:
UNITED STATES OF AMERICA
By
MICHAEL D. BRADY
Real Estate Contracting Officer
Engineering Field Activity, Northwest
Naval Facilities Engineering Command
Reviewed and Approved
As to Form and Legality:
Shelley K. Simcox
Counsel
EXHIBIT "C" TO PURCHASE AND SALE AGREEMENT
Legal Description Approved:
Tom Phelps, Licensed Surveyor
GRANTEE:
THE CITY OF BREMERTON
By
Gary Sexton, Director
Department of Economic Development
EXHIBITS
Exhibit "A" - Public Law 108-136, Section 8143, Department of Defense Appropriation
Act of 1999
Exhibit "B" - Legal Description of City Property (Parcel D)
Exhibit "c" - CERCLA 12(h) Notice
Exhibit "0" - Construction Requirements
EXHIBIT "C" TO PURCHASE AND SALE AGREEMENT
STATE OF WASHINGTON)
) ss.
COUNTY OF KITSAP )
On this day of 2006, before me personally appeared Michael
D. Brady, known or identified to me to be the authorized agent of the United States of
America, the governmental entity that executed the instrument or the person who
executed the instrument on behalf of said governmental entity, and acknowledged to me
that such governmental entity executed the same.
WITNESS my hand and official seal hereto affixed the day and year In this
certificate above written.
Date:
NOTARY PUBLIC in and for the State of
Washington residing at
My commission expires:
PRINT NAME:
Use this space for Notary Seal/Stamp
EXHIBIT "C" TO PURCHASE AND SALE AGREEMENT
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
On this day of , 2006, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally
appeared Gary Sexton to me known to be the Director, Economic Development
Department of The City of Bremerton, the municipal corporation that executed the within
and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
Date:
NOTARY PUBLIC in and for the State of
Washington residing at
My commission expires:
PRINT NAME:
Use this space for Notary Seal/Stamp
EXHIBIT" A"
SEC. 2828. LAND CONVEYANCE, PUGET SOUND NAVAL SHIPYARD,
BREMERTON, WASHINGTON.
(a) CONVEYANCE AUTHORIZED- The Secretary of the Navy may convey to the
City of Bremerton, Washington (in this section referred to as the 'City'), all right,
title, and interest of the United States in and to a parcel of real property, including
any improvements thereon, consisting of approximately 2.8 acres at the eastern
end of the Puget Sound Naval Shipyard, Bremerton, Washington, immediately
adjacent to the Bremerton Transportation Center.
(b) CONSIDERATION- As consideration for the conveyance under subsection
(a), the City, directly or through an agreement with another entity, shall replace
administrative space on the parcel to be conveyed by renovating for new
occupancy approximately 7,500 square feet of existing space in Building 433 at
Naval Station, Bremerton, Washington, at no cost to the United States, in
accordance with plans and specifications acceptable to the Secretary. In lieu of
any portion of such renovation, the Secretary may accept other facility alteration
or repair of not less than equal value.
(c) PAYMENT OF COSTS OF CONVEYANCE- (1) The Secretary shall require
the City to cover costs to be incurred by the Secretary, or to reimburse the
Secretary for costs incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs related to environmental
documentation, and other administrative costs related to the conveyance. If
amounts are collected from the City in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall refund the excess
amount to the City.
(2) Amounts received as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover the costs incurred by the Secretary in
carrying out the conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts in such fund or
account.
(d) ENVIRONMENTAL CONDITIONS- The Secretary may use funds available in
the Environmental Restoration Account, Navy to carry out the environmental
remediation of the real property to be conveyed under subsection (a). Such
environmental remediation shall be conducted in a manner consistent with
section 120 of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620), including the requirement to consider the
anticipated future land use of the parcel.
(e) EXEMPTION FROM FEDERAL SCREENING- The conveyance authorized by
subsection (a) is exempt from the requirement to screen the property for other
Federal use pursuant to sections 2693 and 2696 of title 10, United States Code.
(f) DESCRIPTION OF PROPERTY- The exact acreage and legal description of
the real property to be conveyed under subsection (a) shall be determined by a
survey satisfactory to the Secretary.
EXHIBIT" A"
(g) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require such
additional terms and conditions in connection with the conveyance under
subsection (a) as the Secretary considers appropriate to protect the interests of
the United States.
W 2nd STREET
=>Zr--------
''P I
/5WI
bl'~~11
~N NO
LOJ _
~I~M:I
o~
ZI~O
I;:!: <(
No..
35' I' 35'
I ~1at-STAEET
S88'24'32-E
--:149.02'(M)-
I :lJ 149'(PLA T)
-r-l
I I
I
i
I
FD 3- BRASS DISC
W(X' l' DO\\N IN I
MON CASE
I
BLOCK 12 I
I
I
I
I
I
---___-1
~
N88'24'32-W
~ 149.00'(C, PLAT)
FD 3- BRASS DISC
w(x' IN MON CASE
13.229 SQUARE FEET. 0.30 ACRES
MORE OR LESS
UNE
L6
L7
L8
L9
L10
L11
L12
UNE TABLE
BEARING
S3818'20-E
S60'33'18-W
S29'23'31-E
S60'4S'S8-W
N60'4S'S8-E
S2914'02-E
S60'4S'S8-W
CURVE
CS
C6
CURVE TABLE
DELTA RADIUS
7'06'08- 103.00'
2S'01'40- 110.00'
EXHIBIT B
BLOCK 9
SCALE IN FEET
1" = 100'
BLOCK 10
FD 3- SURFACE
BRASSlE STAMPED
-WSF PACE 23612-
S01'36'S7-W
r 3S.00'
I
:r=~.;o:-
bl...
~ I ~ FD 3- BRASS DISC
!"> ~ STAMPED -PSNS2
~ - 1994 LS1S661- 0.3'
DOWN IN MON CASE
BLOCK 1
\
LENGTH
26.28'
3.60'
38.79'
36.72'
46.0S'
4S.8S'
61.0S'
,
,
\
,
,
\
,
'Ii!
\- ..
1M D DAVID EVANS
AND ASSOCIATES INC.
3700 Pacllc Hwy. East, &ita 3t1
Tacoma W~on 98424
Phone: 253.922.9780
LENGTH
12.77'
48.05'
P'\E\ExelOOOO-0009\0300co.dd\330svdwg \ExelOOOO-0009 A- D-EXHIBIT.oIwg 12/1/2005
PARCEL D
THAT PORTION OF PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS,
PAGE 30, AND TIDELANDS, SITUATE WITHIN SECTION 24, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., CITY OF BREMERTON, KIT SAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS;
COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF FIRST STREET AND
PACIFIC AVENUE;
THENCE SOUTH 88024'32" EAST ALONG THE CENTERLINE OF SAID FIRST STREET 149.02
FEET TO A BRASS MONUMENT;
THENCE SOUTH 01036'57" WEST 35.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY MARGIN
OF SAID FIRST STREET;
THENCE NORTH 88024'32" WEST ALONG SAID SOUTHERLY MARGIN 14.00 FEET TO THE
WESTERL Y LINE OF THE ALLEY IN BLOCK 10 OF SAID PLAT;
THENCE SOUTH 01035'20" WEST ALONG SAID WESTERLY LINE 108.35 FEET TO A BRASS
MONUMENT STAMPED PSNS2;
THENCE SOUTH 38018'20" EAST 26.28 FEET;
THENCE SOUTH 60033'18" WEST 3.60 FEET;
THENCE SOUTH 29023'31" EAST 38.79 FEET;
THENCE SOUTH 60045'58" WEST 36.72 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 29014'02" EAST 210.48 FEET;
THENCE SOUTH 60045'58" WEST 61.05 FEET;
THENCE NORTH 29014'02" WEST 197.92 FEET TO THE BEGINNING OF A CURVE CONCAVE TO
THE EAST HAVING A RADIUS OF 110.00 FEET;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 48.05 FEET THROUGH A CENTRAL
ANGLE OF 25001 '40" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE
SOUTHWEST HAVING A RADIUS OF 103.00 FEET FROM WENCE ITS CENTER BEARS SOUTH
85047'38" WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE 12.77 FEET THROUGH A CENTRAL
ANGLE OF 07006'08";
THENCE SOUTH 29014'02" EAST 45.85 FEET;
THENCE NORTH 60045'58" EAST 46.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 13,229 SQUARE FEET OR 0.30 ACRES, MORE OR LESS.
DRAFfHWIHS DEED NOTIFICATION. LAND TI\ANSFER OU D
BREMERTON. WASHINGTON
U.S. Navy Engineering Field AClivily, Nortl1west
Contnct No. N4425S-02-D-2008
Delivery Order 0009
EXHIBIT "C"
Section X.X
Revision No.: 0
Dale: 12/05/05
Page X-X
Table X-X
Summary of HWIHS Deed Notification
Land Transfer au D
1,1 ,2-lrichloro-l ,2.2-trtfluoroelhane 79-34-5 197 435 NA NA NA
1,1,2-1richloroethane 71.55-6 0 1 45.4 100 NA
1-propanol 71.23-8 9 20 2270 5000 NA
Acetic Acid 64-19-7 15 32 2270 5000 NA
Acetone 67-64-1 181 399 2270 5000 NA
Ammonium Hydroxide 1336-21-6 130 287 454 1000 NA
Arsenic Trioxide, grams 1327.53.3 0 1 0.454 1 NA
Benzene 71-43.2 2 4 4.54 10 NA
Cadmium O)(jde 7440-43-9 0 1 4.54 10 NA
Carbon Disulfide 75.15-0 2 5 45.4 100 NA
Ethyl Alcohol 64-17-5 7 16 454 1000 NA
Ethylene Glycol .107-21-1 9 20 2270 5000 NA
Formaldehyde 50-00-0 8 18 45.4 100 NA
Hexane 110:54-3 504 '111 2270 5000 NA
Hydrazine 302-01.2 0 1 0.454 1 NA
Hydrochloric Acid 7647..Q1-Q 84 186 2270 5000 NA
Hydrofluoric Acid 7664-39.3 3 6 45.4 100 NA
Hydrogen Peroxide 7722-84-' 40 89 4.54 10 NA
DUD aUD S lso-octane 78-83-' 25 56 NA NA NA Unknown
Isopropyl Alcoool 67-63-0 47 104 NA NA NA
Methyl Alcohol 67-56-1 124 274 2270 5000 NA
Melhyl Ethyl Ketone 78.93-3 18 40 2270 5000 NA
Methylene Chloride 75-09-2 331 730 454 1000 NA
n-ButyI Alcohol 35296-72-1 I 3 2270 5000 NA
Nitric Acid 7697-37-2 295 651 454 1000 NA
m-Xvlene 108-38-3 0 1 454 '000 NA
a-Xylene 95-47-6 0 1 454 '000 NA
p-Xyrene 106-42-3 2 5 45.4 100 NA
Perchloric Acid 14797-73-0 I 3 45.4 100 NA
Petroleum Ether 8032-32-4 126 278 NA NA NA
Phenol, grams 108-95-2 0 , 454 '000 NA
Phosphoric Acid 7664-38-2 9 19 2270 5000 NA
Potassium Cyanide, grams 74-90-8 0 1 4.54 10 NA
Sodium Cyanide, lb. 143-33-9 I 3 4.54 10 NA
Sulfuric Acid . 7664-93-9 82 181 454 1000 NA
Toluene 108-88-3 23 50 454 1000 NA
Xylene 1330-20-7 8 18 45.4 100 NA
W:\~070~\O~04,041\SUMMj\RY or HW-HS DEED NOTIF/CAll0N
EXHIBIT "C" TO PURCHASE AND SALE AGREEMENT
EXHIBIT D
CONSTRUCTION REQUIREMENTS
1.) Native soil (soil not imported and located under the protective remedy) should be
managed such that it does not destroy the integrity of and or contaminate the
protective remedy.
2.) The construction site should managed such that water (natural or anthropogenic)
in contact with the native soil does not migrate off site or cause additional
groundwater flow. Dust should be suppressed, leachate collected and treated,
and storm water runoff directed to prevent contact with the native soil. If during
construction water must come in contact with the native soil it should be collected
and stored for analysis and treatment. Specifically, water accumulating within an
excavation should be collected and water should not be directed into a trench for
containment and allowed to charge the surrounding soil (recharge the
groundwater more than remedy naturally allows).
3.) Imported soil shall be sampled to insure it is clean.
4.) Soil shall not be exported offsite except for disposal. Soil to be disposed of shall
be designated per the requirements set forth in the WAC dangerous waste.
5.) Excavated soil to be reused onslte or designated for disposal should be
stockpiled per the following requirements:
a. Soil will be accumulated as near to the excavation as practicable
b. An impervious sheet of plastic that has a minimum thickness of 10 mil will
underlie the soil.
c. A containment berm will be constructed around the stockpile using clean coarse
aggregate or eco-blocks to the stockpile underlain impervious layer. . The berm
will be constructed to prevent water from running under and prevent leachate
from the stockpiled soil from discharging. If the soil is moist enough that leachate
has formed, a leachate collection system within the bottom layer of the soil must
be placed between the stockpiled soil and the bottom impervious layer.
d. The edges of the underlay plastic for the pile must be laid over the top of the
berm and secured to prevent water from running under the soil stockpile.
e. An impervious continuous sheet of plastic of minimum thickness of 10 mil will be
placed over the stockpile and the outside of the berm to direct run-on away from
the stockpile.
f. The stockpile cover will be secured to ensure protection from wind.
g. The stockpile will be covered and secured at all time except when adding or
removing soil or taking samples.
EXHIBIT "C" TO PURCHASE AND SALE AGREEMENT
h. The stockpile covers will be inspected daily to ensure that the plastic is covering
the stockpile and there is no run-on and run-off the stockpile.
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
DEPARTMENT OF THE NAVY
GENERAL PURPOSE OUTLEASE
TABLE OF CONTENTS
All correspondence in connection with
this contract should include reference
to (Contract No.)
Activity/UIC
PARAGRAPH
PAGE
P REAMB L E ..... ......... ..... ................ ................. .......... ................................. ....................... ............................ ....3
1. LEAS ED P REM I S E S ..................................................................................................................;..............3
2. TERM................................ ...... ....................... ............ ............ ............. .............. ... .... ..................... ......................4
3. CONS IDE RAT I ON...........................................i;~................................:........................................................ 4
4. US E 0 F LEAS ED P REMI SE S.............................................................................................................4
5. AS S I GNMENT AND S UBLEAS ING................................................................................................... 4
6. JOINT INSPECTION AND INVENTORY REPORT
(NON - ENVI R 0 NMENT AL) ............................................ .................. ..................... ........... ........... 5.
7. ENVIRONMENTAL BASELINE SURVEY REPORTS...............................................................6
8. ALTERAT IONS / RE S TORA TI ON.........................................................................................................6
9. ACCE S S BY GOVERNMENT .................................................................................................................. 7
10. UT I LIT I E S AND S ERVI CE S.........................................................................................................7
11. NONINTERFERENCE WITH GOVERNMENT OPERATIONS.............................................7
12. PROTECTION AND MAINTENANCE OF LEASED PREMISES....................................8
13. ENVI RONMENT AL PROTECT I ON P ROVI S IONS.................................................................. 9
14. TE RMI NA T I ON..........................................................................................................................................11
15. IND EMNI F I CAT I ON..............................................................................................................................12
1 6. INS URAN C E................................................................... ........................... ............... .......... .............. ...........13
17. LABOR PROVI S I ONS...........................................................................................................................14
18. S UBMI S S I ON 0 F NOTI CE S............................................................................................................16
1 9. A UD IT.... .......... ......... ........ ............ ... ...... ....... ........ .... ........... ............... .......... ................. ......... ............ ...... .....1 6
2 O. I NTE RE S T ...................................................................................................................................................16
2 1. A G R E E MENT .......... ... .......... .............. ....... ............................................... .......... ............... ...... ......................1 7
22. F AI LURE TO INS I S T ON COMPLIANCE..............................................................................17
2 3. D I S P UTE S ...................................................................................................................................................1 7
Encl (8)
NAVFAC 11011/43 (08/04)
1
GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
DEPARTMENT OF THE NAVY
GENERAL PURPOSE OUTLEASE
TABLE OF CONTENTS (CONTINUED)
All correspondence in connection with
this contract should include reference
to (Contract No.)
ActivityfUIC
PARAGRAPH
PAGE
24. COVENANT AGAINS T CONTINGENT FEE S ...........................................................................19
2 5. 0 F F I C IAL S NOT TO BENE FI T ...............................................................................................,...19 .
2 6. LIE N S.. ........ ................ ............... .............. ........................... ............ ............. ........... ............. ........... ...... ...... ..19
2 7. T AXE S.. ......... ............ .......................... ............................... ............... ...... ..................... ............. ......... ......... ....19
28. SUBJECT TO EXISTING AND FUTURE EASEMENTS
AND RIGHT S - 0 F - WA y......................................................................................................2 0
29. INGRESS, EGRESS, PARKING
AND S E CUR I TY ................... ..................... .................. ............ .......... ......... ..... ......................... ...... ....... 2 0
3 o. ADMINI S TRA T I ON................................................................................................................................. 2 1
3 1. DAMAGE TO THE LEAS ED PREMI SE S....................................................................................21
3 2. AP P L I CABLE S RULE S AND REGULA T IONS........................................................................ 21
33. SUBCONTRACTORS AND AGENTS FOR LESSEE...............................................................21
3 4. SUR REND E R........... ........ ......................... ........ ................... .............. ........................ ............. ........... ........... 2 2
3 5 . AT T A CHMENT S ....................... ................. ........... ............. ............. .............. .................. ............ ................. 2 2
NAVFAC 11011/43 (08/04)
2
GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
DEPARTlVIENT OF THE NAVY
GENERAL PURPOSE OUTLEASE
NA VFAC 11011/43(08/04)
All correspondence in connection with
this contract should include reference
to (Contract No.)
ActivityfUIC
LEASE
BETWEEN
THE UNITED STATES OF AlV1ERICA
AND
(NAME OF LESSEE)
TillS LEASE, executed this _ day of 20_, by and between THE
UNITED STATES OF AMERICA, acting by and through the Department of the Navy,
hereinafter called the "Government" and, and the City of Bremerton, Washington hereinafter
referred to as "Lessee".
WIT N E SSE T H:
WHEREAS, The Leased Premises covered by this Lease is under the control of the Department of
the Navy; and
WHEREAS, The Leased Premises is not excess property as defined in section 3 of the Federal
Property and Administrative Services Act of 1949, as amended, (40 U.S.c. S472); and
WHEREAS, The Secretary of the Navy, pursuant to the provisions of 10 D.S.C. S2667, has
determined that the proposed use of the Leased Premises, subject to the terms and conditions of this
Lease will promote the national defense or be in the public interest.
NOW THEREFORE, in consideration of the terms, covenants, and conditions hereinafter set forth,
Government and Lessee hereby agree as follows:
1. LEASED PREMISES. Government does hereby lease, rent, and demise to Lessee, and Lessee
NAVFAC 11011/43 (08/04) 3 GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
does hereby hire and rent from the Government the Leased Premises, as more particularly described
andlor shown in Attachment A (The Leased Premises), attached hereto and made a part hereof,
together with all improvements and all related Personal Property as described and/or shown in
Attachment A, and with all rights of access to the Leased Premises for ingress, egress, parking, and
utilities as provided in accordance with Paragraphs 10 and 29 below.
2. TERM. The term of this Lease shall be for a period beginning on , 2006
and ending on 2026, unless sooner terminated in accordance with the provisions of
Paragraph 14, Termination.
3. CONSIDERATION. In lieu of cash rent, in-kind consideration will be accepted in the form
of intangible benefits to be derived by the Government, specifically, the City's maintenance and
upkeep of the Leased Premises as a Park. By maintaining the Leased Premises as a Park, the City
will save the Government the expense of maintaining the Leased Premises as a Security Setback
Buffer.
4. USE OF LEASED PREMISES.
A. The purpose for which the Leased Premises may be used, in the absence of prior written
approval by the Government, is for the City's Memorial Park. The Lessee understands and
acknowledges that this Lease is not and does not constitute a commitment by the Government with
regard to any fee title conveyance of the Leased Premises, in whole or in part, to Lessee or any
agency or instrumentality thereof, or to any sublessee.
B. Lessee shall not undertake any activity that may affect a historic or archeological property,
including excavation, construction, alteration or repairs of the Premises, without the approval of the
Government and compliance with Section 106 of the National Historic Preservation Act, 16 U.S.c.
S470, and the Archeological Resources Protection Act of 1979, 16 U.S.c. S470 aa. Buried cultural
materials may be present on the Leased Premises. If such materials are encountered, Lessee shall
stop work immediately and notify the Government. The Government has no knowledge of any
historical or archeological property on the Leased Premises; in the event that it becomes aware of
such property, the Government will immediately notify the Lessee.
S. ASSIGNMENT AND SUBLEASING
A. Lessee shall neither transfer, assign, or sublet this Lease or any interest therein or any property
on the Leased Premises, or grant any interest, privilege or license whatsoever in connection with this
Lease without the prior written consent of Government. Such consent shall not be unreasonably
withheld or delayed.
B. Any sublease granted by Lessee shall contain a copy of this Lease as an attachment and be ..
consistent with the terms and conditions of this Lease and shall terminate immediately upon the
NA VFAC 11 0 11143 (08/04) 4 GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
expiration or any earlier termination of this Lease, without any liability on the part of the
Government to Lessee or any sublessee, except as specifically provided in this Lease. No sublease
shall relieve Lessee of any of its obligations hereunder. Under any sublease made with or without
consent of the Government, the sublessee shall be deemed to have assumed all of the obligations of
the Lessee under this Lease. Every sublease shall be subject to, and shall be deemed to contain, the
Environmental Protection provisions set forth in Paragraph 13 below.
C. Lessee shall submit to the Government for its prior written consent, a copy of each sublease
Lessee proposes to execute. Such consent may include a requirement that Lessee renegotiate the
sublease to conform to the provisions of this Lease. Consent to the sublease shall not be taken or
construed to diminish or enlarge any of the rights or obligations of either of the parties to this Lease.
Should a conflict arise between the provisions of this Lease and a provision of the sublease, the
provisions of this Lease shall take precedence. Upon its execution, a copy of each sublease shall be
immediately furnished to the Government.
6. JOINT INSPECTION AND INVENTORY REPORT (NON.ENVIRONMENTAL).
A. Prior to use and occupancy of the Leased Premises by the Lessee or any sublessee, a Joint
Inspection and Inventory Report (JllR) thereof will be conducted by representatives of the
Government and the Lessee and a complete inventory of Government real and personal property
located thereon shall be made. The JllR shall describe the condition of the Leased Premises and will
note any deficiencies found to exist. The report shall be attached to the Lease and made a part
. thereof as ATTACHMENT B. (Note: A JllR is not required when outleasing vacant land for
construction of a new facility.)
B. Each inventory contained in the JllR shall be identified by building number or facility number
and signed and dated by the parties to this Lease. All personal property in a building, unless
specifically exempted by the terms and conditions of this Lease shall remain with the building.
C. The Leased Premises shall be delivered to the Lessee on an "As Is, Where Is" basis, and, as
such, Government makes no warranty relative to the Leased Premises as to its usability generally or
as to its fitness for any particular purpose. Any safety and/or health hazards identified and listed as
such in the JllR shall be corrected at the Lessee's expense prior to use and occupancy of the related
portion of the Leased Premises. Such safety and/or health hazards shall be limited to those identified
in the JllR.
D. In the event this Lease is terminated and the parties have not agreed to enter into a new Lease,
or conveyance of title to the Leased Premises, or a Lease In Furtherance of Conveyance, Lessee shall
return the Leased Premises to the Government in the same condition in which it was received,
reasonable wear and tear and Acts of God excepted. Lessee may, at its expense and with prior
written approval of the Government, (a) replace any personal property with personal property oflike.
kind and utility, (b) replace any personal property in a good and workmanlike manner, and (c)
NAVFACIIOIl/43(08/04) 5 GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
dispose of any worn out, obsolete or non-functioning personal property, in accordance with
applicable laws and regulations. Government shall not unreasonably withhold or delay granting its
approval to Lessee's request for such actions.
7. ENVIRONMENTAL BASELINE SURVEY REPORTS. An Environmental Baseline Survey
(EBS) and a Finding of Suitability to Lease (FOSL) are attached to this Lease and made a part hereof
as Attachment C. The EBS sets forth the existing environmental conditions of the Leased Premises
as represented by a baseline survey conducted by the Government. The FOSL sets forth the basis for
the Government's determination that the Leased Premises are suitable for leasing. Lessee and each
sublessee are hereby made aware of the notifications contained in the EBS and FOSL and shall
comply with all restrictions set forth therein.
8. ALTERATIONS/RESTORATION
A. Lessee, or any sublessee, shall not construct or make any substantial construction, alterations,
additions, modifications, excavations, betterments, or improvements to, installations upon, or
otherwise modify or alter the Leased Premises in any way (hereinafter called "work"), including
those that may adversely affect human health or the environment, without thepriorwritten consent
of the Government. Such consent shall not be unreasonably withheld, conditioned or delayed.
Further, such consent may involve a requirement to provide the Government with a performance and
payment bond satisfactory to it in all respects and other requirements deemed necessary to protect the
interests of the Government. For such work in the proximity of any known IRP site, such consent
may also include a requirement for the written approval of the Government's Remedial Project
Manager in addition to approval by the Real Estate Contracting Officer. All such work shall be done
in a workmanlike manner and be subject to the requirements of all state and local building codes.
Lessee shall provide Government with prior written notification and a full description of the
proposed work including any other information on the proposed work on the Leased Premises
requested by Government. Except, as provided herein or provided in the Government's written
approval, all such approved work affixed to the Leased Premises shall, upon expiration or
termination of the Lease, become the property of the Government. Upon termination of the Lease or
by revocation or surrender of any sublease, to the extent directed by the Government, Lessee or
sublessee shall either:
(1) Promptly remove all alterations, additions, betterments, and improvements made or installed
without the consent of the Government or which were previously noted by the Government to be
removed, and restore the Leased Premises, to the same or as good condition as existed on the date of
entry under this Lease as shown in ATTACHMENT B hereof; subject to reasonable wear and tear
and loss or damages for which the Lessee is not responsible hereunder; or
(2) Abandon such work in place, at which time title to said work shall vest in Government;
provided, in either event all personal property and trade fixtures of Lessee or any third party may be .
removed and Lessee or such third party shall repair any damages to the Leased Premises resulting
NA VFAC 11011/43 (08/04) 6 GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
from such removal.
9. ACCESS BY GOVERNMENT. In addition to access required under Paragraph 13 below, at all
reasonable times throughout the term of this Lease, the Government shall be allowed access to the
Leased Premises for any purpose upon reasonable notice to Lessee or sublessee. Government
normally will give Lessee or any sublessee 24-hour prior notice of its intention to enter the Leased
Premises, unless it reasonably determines the entry is an emergency required for safety, health,
environmental, operations or security purposes, in which event no notice shall be required. Lessee or
sublessee shall have no claim on account of any entries against the Government or any Government
officer, agent, employee or contractor, provided, however, that nothing herein shall be deemed to
prejudice the rights of the Lessee or any sublessee under any contract, other agreement or law
including, but not limited to the Federal Tort Claims Act, as to the Government. All necessary keys
to the buildings and Leased Premises occupied by Lessee or any sublessee shall be made available to
the Government upon request.
10. UTILITIES AND SERVICES. Provision to the Leased Premises of any utilities such as
gas, water, steam, sewer, telephone, trash removal, etc., shall be the responsibility of the Lessee
and any sublessee. In the event that the Lessee shall request and the Government shall furnish
Lessee with any utilities and services maintained by the Government that Lessee may require in
connection with its use of the Leased Premises, Lessee shall pay the Government the agreed
charges therefor in addition to the consideration rent required under this Lease. Such charges and
the method of payment thereof shall be determined by Government or the appropriate supplier of
such service, in accordance with applicable laws and regulations, on such basis as the
Government or appropriate supplier of such service may establish, and may include a
requirement for the installation of adequate connecting and metering equipment at the sole cost
and expense of the Lessee. It is expressly agreed and understood that the Government in no way
warrants the continued maintenance or adequacy of any utilities or services furnished by it to the
Lessee. Lessee shall have the right, subject to Paragraph 8 above herein, to install such utilities
or make improvements to existing utilities on the Leased Premises, including but without
limitation, the installation of emergency power generators, as may be necessary for the operation
of Lessee's equipment.
11. NON INTERFERENCE WITH GOVERNMENT OPERATIONS. Lessee or any sublessee
shall not conduct operations or activities, nor make any alterations, that would interfere with or
otherwise restrict Government operations, environmental clean-up or restoration actions by the
Government, U. S. Environmental Protection Agency (EP A), state environmental regulators, or their
contractors. Cleanup, restoration, or testing activities for environmental purposes by these parties
shall take priority over Lessee's or any sublessee's use of the Leased Premises in the event of any
conflict. However, the Government will take reasonable steps to prevent interference with the
Lessee's or the sublessee's use of the Leased Premises.
NA VFAC 11011/43 (08/04)
7
GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
12. PROTECTION AND MAINTENANCE OF LEASED PREMISES.
A. Lessee shall, at its own expense, protect, preserve, maintain, and repair the Leased
Premises such that it will be kept at all times in at least as good condition as when the Lessee
received it as reflected in the JilR, attached hereto and made a part hereof as ATTACHMENT
B, normal wear and tear and Acts of God excepted. Lessee's responsibilities shall include, but
not be limited to, removal of trash, litter, broken glass and other hazards/obstructions from the
Leased Premises that are generated by Lessee, its agents, contractors or employees. Lessee shall
ensure the Leased Premises is maintained free of any noxious or nuisance-causing condition.
Lessee is responsible for the maintenance and repair of all buildings or structures built on the
Leased Premises by Lessee.
B. Exterior Utility Systems. The Lessee is responsible for the repair and maintenance of all
exterior utility distribution lines, connections, and equipment that solely supports Lessee's
facilities. This responsibility extends from the facilities leased to the point of connection with
the utility system that serves users other than the Lessee. These systems include but are not
limited to: heating plants, steam lines, traps, high voltage transformers, substations, power
distribution liries (overhead and underground), poles, towers, gas mains, water and sewage
mains, water tanks, fire protection systems, hydrants, lift stations, manholes, isolation valves,
meters, storm water systems, catch basins, etc.
C. Refuse Removal. Debris, trash and other undesirable materials shall be promptly removed
from the Leased Premises, and the Leased Premises shall be kept reasonably clean and free of
undesirable materials at all times. At completion of the Lease, the Leased Premises shall be left
without containers, Lessee's equipment, and other undesirable materials, and in an acceptably clean
condition.
D. Security Protection. Lessee shall provide security and police protection to assure security and
safety of the Leased Premises. Any crimes or other offenses, including traffic offenses and crimes
and offenses involving damage to or theft of Government property, shall be reported to the
appropriate state or local municipal authorities for investigation and disposition (in non-Exclusive
Legislative Jurisdiction areas) and to the Government as property owner.
E. Fire Protection. Lessee shall be responsible for providing fire protection to the Leased
Premises.
F. Other Services. Lessee shall be responsible for the provision of all other required services, not
addressed above, to the Leased Premises. Government shall not be responsible for the provision of
any services whatsoever to the Leased Premises.
NA VFAC 11011/43 (08/04)
8
GOV'T
LESSEE_
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
13. ENVIRONMENTAL PROTECTION PROVISIONS.
A. Lessee, any sublessees and contractors shall comply with the applicable Federal, state and
local laws, regulations and standards that are, or may become, applicable to Lessee's activities on
the Leased Premises.
B. Lessee and any sublessee shall be solely responsible for obtaining, at its own cost and
expense, any applicable environmental permits required for its operations under the Lease,
independent of any existing permits held by the Government. Any and all environmental permits
required by the Lessee or any sublessee for its operations on the Leased Premises shall be subject
to prior concurrence by the Government. Copies of all permits obtained shall be provided to the
Government.
C. Government's rights under this Lease specifically include the right for Government
officials to inspect, upon reasonable notice, the Leased Premises for compliance with
environmental, safety, and occupational health laws and regulations, whether or not the
Government is responsible for enforcing them. Such inspections are without prejudice to the
right of duly constituted enforcement officials to make such inspections. The Government
normally will give the Lessee or sublessee twenty-four (24) hours prior notice of its intention to
enter the Leased Premises unless it determines that entry is required for safety, environmental,
operations, or security purposes. The Lessee shall have no claim on account of any entries
against the United States or any officer, agent, employee or contractor thereof.
D. The Government, EP A, and the State of Washington, its officers, agents, employees,
contractors, and subcontractors have the right, upon reasonable notice to Lessee and any
sublessee, to enter upon the Leased Premises for the purposes enumerated below and for such
other purposes consistent with needs associated with execution of the Government's Installation
Restoration Program (IRP);
(1) To conduct investigations and surveys, including, where necessary, drilling, soil and
water sampling, test pitting, testing soil borings, and other activities related to the IRP;
(2) To inspect field activities of the Government and its contractors and subcontractors in
implementing the IRP;
(3) To conduct any test or survey required by the EP A or state or otherwise relating to the
implementation of the IRP or other assessment of environmental conditions on the Leased
Premises or to verify any data submitted to the EP A or state relating to such program or
conditions;
NA VFAC 11011/43 (08/04)
9
GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
(4) To construct, operate, maintain, or undertake any other response or remedial action as
required or necessary under the IRP, including, but not limited to, monitoring wells, pumping
wells, and treatment facilities.
E. The Lessee agrees to comply with the provisions of any Government health or safety plan
in effect under the IRP during the course of any of the above described response or remedial
actions. Any inspection, survey, investigation, or other response or remedial action will, to the
extent practicable, be coordinated with representatives designated by the Lessee and any
sublessee. The Lessee and any sublessees, assignees, licensees, or invitees shall have no claim
on account of such entries against the Government or any officer, agent, employee, contractor, or
subcontractor thereof. In addition, the Lessee shall comply with all applicable federal, state and
local occupational safety and health regulations. Nothing herein shall obligate the Government
to compensate Lessee or any third person for any lost profits, lost opportunities, wages or
operating expenses or any other costs incurred as a result of Lessee's compliance with this
provIsIOn.
(1) Notwithstanding the provisions contained in Paragraph 13D, Lessee shall develop its
own site specific Health and Safety Plan that takes into account the activities described in
Paragraph 4C and is in accordance with the Government Health and Safety Plan. This plan shall
be approved by the Government prior to Lessee commencing operations under this Lease.
F. The Lessee shall strictly comply with all applicable hazardous waste management and
permitting requirements under the Resource Conservation and Recovery Act (RCRA) and/or its
applicable state equivalent. Except as specifically authorized by the Government in writing, the
Lessee must provide at its own expense all necessary hazardous waste management facilities in
compliance with applicable laws and regulations. Any existing Government hazardous waste
management facilities will not be made available to the Lessee or any sublessee. Any DoD
component accumulation points for either hazardous or non-hazardous wastes will not be used by
the Lessee nor will the Lessee or any sublessee permit its hazardous wastes to be commingled
with hazardous waste of any DoD component. Any violation of the requirements of this
condition may, depending upon their severity and at the discretion of the Government, be deemed
a material breach of this Lease.
G. The Lessee shall have a Government-approved plan for responding to wastewater,
hazardous waste, fuel, or toxic chemical spills prior to commencement of operations on the
Leased Premises. Such plan shall be independent of any existing Government plan for the Naval
installation and, unless expressly agreed to by the Government otherwise, shall not rely on use of
installation personnel or equipment for necessary fire response and/or spill containment. Should
the Government provide fire response and/or spill containment services upon request of the
NAVFAC 11011/43 (08/04) 10 GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
Lessee, or because Lessee was not, in the opinion of the Real Estate Contracting Officer,
conducting timely cleanup actions, the Lessee shall reimburse the Government for the full cost of
such services.
H. The Lessee shall not conduct or permit any sublessee(s) to conduct any subsurface
excavation, digging, drilling or other disturbance of the surface without the prior written approval
of the Government. If, after receipt of written approval by the Government, the Lessee
undertakes any subsurface excavation, digging, drilling, or other disturbance of the surface, the
Lessee shall immediately notify the Government should any buried debris, or foreign, potentially
hazardous material be encountered during this work.
I. Lessee shall indemnify and hold harmless the Government from any costs, expenses,
liabilities, fines or penalties resulting from discharges, emissions, spills, storage, or disposal,
arising from Lessee's occupancy, use or operations, or any other action by Lessee or any
sublessee giving rise to Government liability, civil or criminal, or responsibility under Federal,
state, or local environmental laws. This provision shall survive the expiration or termination of
the Lease, and Lessee's obligations hereunder shall apply whenever Government incurs costs or
liabilities for Lessee's or any sublessee's actions.
J. The Lessee and any sublessee shall provide prior written notification to the Government of
any articles, tools, equipment, or devices brought on-site that contain radioactive material.
Examples of potential radiological sources include radium-containing dials, gauges, and
illuminators; tritium in illuminators and exit signs; thorium in optical lenses or welding
consumables; abrasive blasting material; or any radioactive source used for calibration, medical
diagnosis or therapy, or industrial radiography. The Lessee is responsible for removal of any
such potential radiological sources upon termination of the Lease.
K. Storage, treatment, or disposal of toxic or hazardous materials on the Leased Premises is
prohibited except as authorized by the Government in accordance with 10 D.S.C. S2692. Any
hazardous materials that the Government authorizes the storage, treatment, or disposal of in
connection with the use of the Leased Premises shall be identified on the Hazardous Materials
List, attached as ATTACHMENT D.
14. TERMINATION.
A. Termination by Government. The Government shall have the right to
terminate this Lease in whole or part, without liability, and regardless of any lack of breach by
Lessee of any of the terms and conditions of this Lease (upon _ days notice to Lessee-
OPTIONAL): (Note: Determined on a case-by-case basis up to 90 days at Navy discretion).
NA VFAC 11011/43 (08/04)
11
GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
B. National Emergency. In the event of a national emergency declared by the President or the
Congress, the Government may terminate this Lease immediately, without notice to Lessee.
C. Breach of Terms By Lessee. In the event of breach by Lessee of any ofthe terms, conditions,
or obligations hereof, the Lessee shall be afforded thirty (30) calendar days from the receipt of
Government's notice of intent to terminate, to complete the performance of the obligation or
otherwise cure the subject breach and avoid termination ofthis Lease, unless Government determines
that a shorter period of time is required for safety, environmental, operational or security purposes.
The Government may grant a reasonable extension of time to complete the cure. In the event that the
Government shall elect to terminate this Lease on account of the breach by the Lessee of any of the
terms and conditions, the Government shall be entitled to recover and the Lessee shall pay to the
Government:
(1) The reasonable costs incurred in resuming possession of the Leased Premises;
(2) The costs incurred in performing any obligation on the part of the Lessee to be performed
hereunder; .
(3) An amount equal to the aggregate of any maintenance obligations, and charges assumed
hereunder and not paid or satisfied, such amounts shall be due and payable at the time when such
obligations and charges would have accrued or become due and payable under this Lease.
D. Sale or Transfer of the Property. If the property is to be sold or transferred by the Government
during the term of this Lease, the Government may terminate this Lease by providing ninety (90)
days written notice to Lessee.
E. Federal Requirement. In the event the property is required for Federal use, or if Lessee's use
of the property is not consistent with Federal program purposes, the Government may terminate the
Lease upon issuance of ninety (90) days written notice to Lessee.
F. Termination by Lessee. Lessee may terminate this Lease at any time upon sixty (60) days
written notice to the Real Estate Contracting Officer.
15. INDEMNIFICATION. Lessee shall indemnify, defend and save Government harmless and
shall pay all costs, expenses, and reasonable attorney's fees for all trial and appellate levels and
post-judgment proceedings in connection with any fines, suits, actions, damages, liability and
causes of action of every nature whatsoever arising or growing out of, or in any manner
connected with, the occupation or use of the Leased Premises by Lessee, its employees, servants,
agents, guests, invitees, and contractors. This includes, but is not limited to, any fines, claims,
demands and causes of action of every nature whatsoever that may be made upon, sustained or
incurred by the Government by reason of any breach, violation, omission or non-performance of
NAVFACllOI1l43(08/04) 12 GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
any term, covenant or condition hereof on the part of the Lessee, its employees, servants, agents,
guests, invitees, or contractors. This indemnification also applies to claims arising out of the
furnishings of any utilities or services by the Government or any interruption therein or failure
thereof, occasioned by the negligence or lack of diligence of Lessee or its respective officers,
agents, servants or employees. However, this indemnity shall not extend to damages due to the
sole fault of the Government or its employees, agents, servants, guests, invitees or contractors.
This covenant shall survive the termination of this Lease.
16. INSURANCE.
A. At the commencement of this Lease, the Lessee shall obtain, from a reputable insurance
company or companies satisfactory to the Government, comprehensive general liability
insurance. The insurance shall provide an amount not less than a minimum combined single
limit of $ for any number of persons or claims arising from anyone incident
with respect to bodily injuries or death resulting therefrom, property damage or both, suffered or
alleged to have been suffered by any person or persons resulting from or related to the presence
or operations of the Lessee, its employees, agents or contractors under this Lease. The Lessee
shall require the insurance company or companies to furnish the Government with a certified
copy of the policy or policies, or certificates of insurance evidencing the purchase of such
insurance. Each policy of insurance required under this Paragraph shall contain an endorsement
reading as follows:
"The insurer waives any right of subrogation against the United States of America
which might arise by reason of any payment made under this policy."
B. All insurance required of the Lessee hereunder shall be in such form, for such periods of
time and with such insurers as the Government may require .or approve. All policies or
certificates issued by the respective insurers for public liability and property insurance shall name
the United States of America as an additional insured, shall provide that any losses shall be
payable notwithstanding any act or failure to act or negligence of the Lessee or the Government
or any other person, shall provide that no cancellation, reduction in amount or any material
change in coverage thereof shall be effective until at least 30 calendar days after receipt by the
Government of written notice thereof.
C. If and to the extent required by law, the Lessee shall provide workman's compensation or
similar insurance in such forms and amounts required by law.
D. During the entire period the Lease shall be in effect, Lessee shall require its contractors or
sublessees or any contractor performing work at Lessee's or sublessee's request on the Leased
Premises to carry and maintain the insurance required below:
NA VFAC 11011/43 (08/04)
13
GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
(1) Comprehensive general liability insurance in the amount of $
(2) Workman's compensation or similar insurance in the form and amount required by law.
E. The Lessee and sublessees shall deliver or cause to be delivered promptly to the
Contracting Officer a certificate of insurance or a certified copy of each renewal policy
evidencing the insurance required by this Lease and shall also deliver no later than thirty (30)
calendar days prior to expiration of any such policy, a certificate of insurance evidencing each
renewal policy covering the same risks.
17. LABOR PROVISIONS.
A. Equal Opportunity. During the term of this Lease, Lessee and each sublessee agree as follows
with regard to all employees located at, or involved with, the Leased Premises:
(1) Lessee and each sublessee shall not discriminate against any employee of applicant for
employment because of race, color, age, marital status, handicap, religion, sex, or national origin.
Lessee and each sublessee shall take affirmative action to ensure that applicants are employed, and
that employees are treated during employment, without regard to their race, color, age, marital status,
handicap, religion, sex, or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion, or transfer, retention or recruitment advertising,
layoff or termination, rate of payor other forms of compensation, selection for training, including
apprenticeship. Lessee and each sublessee agree to post in conspicuous places available to
employees and applicants for employment, notices to be provided by the Government setting forth
the provisions of this nondiscrimination clause.
(2) Lessee and each sublessee shall, in all solicitations or advertisements for employees placed
at the Leased Premises by or on behalf of Lessee and each sublessee, state that all qualified
applicants will receive consideration for employment without regard to age, marital status, handicap,
race, color, religion, sex, or national origin.
(3) Lessee and each sublessee shall send to each labor union or representative of workers for
the Leased Premises with which it has a collective bargaining agreement or other contract or
understanding, a notice to be provided by Government, advising the labor union or worker's
representative of commitments under this Equal Opportunity Clause and shall post copies of the
notice in conspicuous places available to employees and applicants for employment.
(4) Lessee and each sublessee shall comply with all provisions of Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, and of the rules, .
regulations, and relevant orders of the Secretary of Labor as it relates to the Leased Premises.
NA VFAC 11011/43 (08/04)
14
GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
(5) Lessee and each sublessee shall furnish all information and reports required by Executive
Order 11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967,
and by the rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will
permit access to its books, records, and accounts by Government and the Secretary of Labor for
purposes of investigating to ascertain compliance with such rules, regulations, and orders.
(6) In the event of Lessee's or any sublessee's noncompliance with the Equal Opportunity
Clause or with any of said rules, regulations, or orders, this Lease or such sublease may be canceled,
terminated, or suspended in whole or in part and Lessee or such sublessee may be declared ineligible
for further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24,1965, as amended by Executive Order 11375 of October 13,1967, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) The Lessee shall include the above provisions in every sublease unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, as amended by Executive Order 11375 of October 13, 1967, so that
such provisions will be binding upon each sublessee. Lessee will take such action with respect to
any sublessee as Government may direct as a means of enforcing such provisions including sanctions
for noncompliance; provided, however, that in the event Lessee becomes involved in, or is
threatened with, litigation with sublessee as a result of such direction by Government, Lessee may
request the Government to enter into such litigation to protect the interests of the Government.
B. Contract Work Hours and Safety Standards Act (40 U.S.C.~327-330). This Lease and each
sublease, to the extent that it is a contract of a character specified in the Contract Work Hours and
Safety Standards Act (40 U.S.C.S327-330) and is not covered by the Walsh-Healy Public Contracts
Act (41 U.S.c. 935-45), is subject to the following provisions and exceptions of said Contract Work
Hours and Safety Standards Act and to all other provisions and exceptions of said law as they apply
to employment at the Leased Premises:
(1) Lessee and each sublessee shall not require or permit any laborer or mechanic in any
workweek in which he/she is employed on any work on the Premises to work in excess of 40 hours
in such workweek on work subject to the provisions of the Contract Work Hours and Safety
Standards Act unless such laborer or mechanic receives compensation at a rate not less than one and
one-half times his/her basic rate of pay for all such hours worked in excess of 40 hours in such
workweek. The "basic rate of pay", as used in this clause, shall be the amount paid per hour,
exclusive of the employer's contribution or cost for fringe benefits and any cash payment made in
lieu of providing fringe benefits, or the basic hourly rate contained in the wage determination, which-
ever is greater.
(2) In the event of any violation of the provision of the preceding sub-paragraph, Lessee or
NA VFAC 11011/43 (08/04)
15
GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
sublessee shall be liable to any affected employee for any amounts due, and to the Government for
liquidated damages. Such liquidated damages shall be computed with respect to each individual
laborer or mechanic employed in violation of the provisions of paragraph 17.B.1 above, in the sum
of $10.00 for each calendar day on which such employee was required or permitted to be employed
on such work in excess of the standard workweek of 40 hours without payment of the overtime
wages required by the preceding sub-paragraph.
C. Convict Labor. In connection with the performance of work required by this Lease or any
sublease, Lessee or such sublessee agrees not to employ any person undergoing a sentence of
imprisonment at hard labor.
18. SUBMISSION OF NOTICES. Notices shall be sufficient under this Lease if made in writing
and submitted in the case of Lessee to:
For the Lessee:
City of Bremerton
Attn: Director of Economic Development
345 6th Street, 6th floor
Bremerton, W A 98337
For the Government:
Attn: Code 05LR
Naval Facilities Engineering Command Northwest
19917 ih Avenue NE
Poulsbo, W A 98370
The above-named individuals shall be the representatives Of the parties and the points of contact
during the period of the Lease. Such notice shall be deemed to have been given unless delivered
personally, when deposited in the U.S. mail, postage pre-paid, certified mail, return receipt requested
and addressed as set forth above or to such other address as either party shall have provided to the
other by like notice, or upon confirmation of receipt if sent by facsimile on a regular business day
and addressed as set forth above, or within twenty-four (24) hours, or the next business day if sent by
an overnight delivery service such as Federal Express.
19. AUDIT. This Lease and any sublease shall be subject to audit by any and all cognizant
Government agencies. Lessee and each sublessee shall make available to such agencies for use in
connection with such audits all records that it maintains with respect to this Lease or any sublease
and copies of all reports required to be filed hereunder or thereunder.
20. INTEREST. Notwithstanding any other provision of this Lease, unless paid within thirty (30)
calendar days, all amounts that become payable by Lessee to Government under this Lease (net of
any applicable tax credit under the Internal Revenue Code) shall bear interest from the date due. The
NA VFAC 11011/43 (08/04) 16 GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
rate of interest will be the Current Value of Funds Rate published by the Secretary of the Treasury
pursuant to 31 U.S.c. 93717 (Debt Collection Act of 1982). Amounts shall be due upon the earliest
of (a) the date fixed pursuant to this Lease, (b) the date of the first written demand for payment,
consistent with this Lease, including demand consequent upon default termination, (c) the date of
transmittal by Government to Lessee of a proposed supplemental agreement to confirm completed
negotiations fixing the amount, or (d) if this Lease provides for revision of prices, the date of written
notice to Lessee stating the amount of refund payable in connection with a pricing proposal or in
connection with a negotiated pricing agreement not confirmed by lease supplement.
21. AGREEMENT. This Lease shall not be modified unless in writing and signed by both parties.
No oral statements or representation made by, or for, on behalf of either party shall be a part of this
Lease. Should conflict arise between the provisions of this Lease and any attachment hereto, or any
other agreement between Government and Lessee, the provisions of this Lease shall take precedence.
22. FAILURE TO INSIST ON COMPLIANCE. The failure of Government to insist, in anyone
or more instances, upon performance of any of the terms, covenants, or conditions of this Lease shall
not be construed as a waiver or relinquishment of Government' sright to the future performance of
any such terms, covenants, or conditions and Lessee's obligations in respect to such future
performance shall continue in full force and effect.
23. DISPUTES.
A. This Lease is subject to the provisions of the Contract Disputes Actof 1978, as amended, (41
D.S.C. 9601-613), the "Act".
B. Except as provided in the Act, all disputes arising under or relating to this Lease shall be
resolved under this clause and the provisions of the Act.
C. "Claim", as used in this clause, means a written demand or written assertion by the Lessee or
the Government seeking, as a matter of right, the payment of money in a sum certain, the adjustment
or interpretation of Lease terms, or other relief arising under or relating to this Lease. A claim
arising under this Lease, unlike a claim relating to this Lease, is a claim that can be resolved under a
Lease clause that provides for the relief sought by the claimant. However, a written demand or
written assertion by the Lessee seeking the payment of money exceeding $100,000 is not a claim
under the Act until certified as required by subparagraph 23.D.(2) below. A voucher, invoice, or
other routine request for payment that is not in dispute is not a claim under the Act. The request may
be converted to a claim under the Act, by complying with the submission and certification
requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a
reasonable time.
D. (1) A claim by the Lessee shall be made in writing and submitted within six (6) years after
accrual of the claim to the Government (or specify to whom the claim should be sent), for a written
NAVFACllOl1143(08/04) 17 GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
decision. A claim by the Government against the Lessee shall be subject to a written decision by the
Government (specify who is to make the decision).
(2) Lessee shall provide the certification stated in subparagraph (2)(b )(ii) immediately below,
when submitting any claim:
(a) Exceeding $100,000; or
(b) Regardless of the amount claimed, when using:
(i) Arbitration conducted pursuant to 5 U.s.c. g575-580; or
(ii) Any other alternative means of dispute resolution (ADR) technique that the agency
elects to handle in accordance with the Administrative Dispute Resolution Act (ADRA).
"I certify that the claim is made in good faith; that the supporting data is accurate and
complete to the best of Lessee's knowledge and belief; that the amount requested accurately
reflects the Lease adjustment for which the Lessee believes the Government is liable; and
that I am duly authorized to certify the claim on behalf of the Lessee."
(3) The certification requirement does not apply to issues in controversy that have not been
submitted as all or part of a claim.
(4) The certification may be executed by any person duly authorized to bind the Lessee with
respect to the claim.
E. For Lessee claims of $100,000 or less, the (specify whom), must, if requested in writing by
the Lessee, render a decision within sixty (60) days of the request. For Lessee-certified claims over
$100,000.00, the (specify), must, within sixty (60) days decide the claim or notify the Lessee ofthe
date by which the decision will be made.
(1) The decision of the (specify) shall be final unless the Lessee appeals or files a suit as
provided in the Act.
F. At the time a claim by the Lessee is submitted to the (specify), or a claim by the Government
is presented to the Lessee, the parties, by mutual consent, may agree to use alternative means of
dispute resolution. When using arbitration conducted pursuant to 5 D.S.C. g575-580 or when using
any other ADR techniques that the agency elects to handle in accordance with ADRA, any claim,
regardless of amount, shall be accompanied by the certification described in Paragraph 23.D(2)(b )(ii)
above and executed in accordance with Paragraph 23.D(4) above.
G. The Government shall pay interest on the amount found due and unpaid by the Government
NAVFAC 1101l/43 (08/04)
18
GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
from (1) the date the (specify) received the claim (properly certified if required), or (2) the date
payment otherwise would be due, if that date is later, until the date of payment. With regard to
claims having defective certifications, as defined in (FAR) 48 CPR 33.201, interest shall be paid
from the date that the (specify) initially receives the claim. Simple interest on claims shall be paid at
the rate, fixed by the Secretary of the Treasury, as provided in the Act, which is applicable to the
period during which the (specify) receives the claim and then at the rate applicable for each six (6)
month period as fixed by the Treasury Secretary during the pendency of the claim.
H. Notwithstanding anything herein to the contrary, the Lessee shall proceed diligently with the
performance of the Lease, pending final resolution of any request for relief, claim, appeal, or action
arising under the Lease, and comply with any decision of the (specify).
24. COVENANT AGAINST CONTINGENT FEES. Lessee warrants that no person or agency
has been employed or retained to solicit or secure this Lease upon an agreement or understanding for
a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial agencies maintained by Lessee for the purpose of securing business. For
breach or violation of this warranty, Government shall have the right to annul this Lease without
liability orin its discretion to require Lessee to pay, in addition to the rental or consideration, the full
amount of such commission, percentage, brokerage, or contingent fee.
25. OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress, or Resident
Commissioner, shall be admitted to any share or part of this Lease or to any benefit to arise
therefrom, but this provision shall not be construed to extend to this Lease if made with a corporation
for its general benefit.
26. LIENS. Lessee and each sublessee shall promptly discharge or cause to be discharged valid
lien, right in rem, claim, or demand of any kind, except one in favor of Government, which at any
time may arise or exist with respect to the Leased Premises or materials or equipment furnished
thereof, or any part thereof, due to the Lessee's or such sublessee's use of the Leased Premises, and if
the same shall not be promptly discharged by Lessee or such sublessee, or should Lessee or any
sublessee be declared bankrupt or make an assignment on behalf of creditors, or should the leasehold
estate be taken by execution, Government reserves the right to take immediate possession without
any liability to Lessee or any sublessee. Lessee and any sublessee shall be responsible for any costs
incurred by Government in securing clear title to its property due to their acts or omissions clouding
the title.
27. TAXES. Lessee shall pay to the proper authority, when and as the same become due and
payable, all taxes, assessments, and similar charges that, at any time during the term of this Lease
may be imposed with respect to the Leased Premises. Title 10 U.S.c. S2667 (e) contains the consent
of Congress to the taxation of Lessee's interest in the Leased Premises, whether or not the Leased
Premises are in an area of exclusive Federal jurisdiction. Should Congress consent to taxation of
Government's interest in the Leased Premises, this Lease will be renegotiated.
NA VF AC 11011/43 (08/04)
19
GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
28. SUBJECT TO EXISTING AND FUTURE EASEMENTS AND RIGHTS-
OF - WAY. This Lease, and each sublease, is subject to all outstanding easements and rights-of-way
for location of any type of facility over, across, in, and upon the Leased Premises, or any portion
thereof, and to the right of Government to grant such additional easements and rights-of-way over,
across, in and upon the Leased Premises as it shall be deemed to be in the public interest; provided
that (i) the Government coordinates with the Lessee to minimize any impact to the Lessee's
operations, and (ii) any such additional easement or right-of-way shall be conditioned on the
assumption by the grantee thereof of liability to Lessee for such damages as Lessee shall suffer for
property destroyed or property rendered unusable on account of the grantee's exercise of its rights
thereunder. There is hereby reserved to the holders of such easements and rights-of-way as are
presently outstanding or which may hereafter be granted, to any workers officially engaged in the
construction, installation, maintenance, operation, repair, or replacement of facilities located thereon,
and to any Federal, state, or local official engaged in the official inspection thereof, such reasonable
rights of ingress and egress over the Leased Premises as shall be necessary for the performance of
their duties with regard to such facilities subject to Paragraph 9 (Access by Government) above.
29. INGRESS. EGRESS. PARKING AND SECURITY~
A. Lessee and any sublessees, and their employees, vendors, and business invitees will be granted
reasonable access to the Leased Premises under this Lease. As a condition, Lessee and sublessee,
and their employees, vendors, and business invitees agree to adhere to all base rules and regulations
regarding Station security, ingress, egress, safety and sanitation as may be prescribed from time to
time by the Station Commanding Officer. Lessee and any sublessee and their employees, vendors,
and business invitees shall coordinate parking with the appropriate office of the Station.
B. Station Security. The Leased Property is located outside the secure of Naval Base Kitsap at
Bremerton and the Lessee and any sublessee(s) is required to comply with all applicable security
rules, regulations, and procedures issued by the Station Commanding Officer with respect to the
Leased Premises.
(1) Lessee shall maintain a clear zone of 20 feet from the Puget Sound Naval Shipyard
(PSNS) and Intermediate Maintenance Facility (lMF) permanent perimeter security fencelbarrier.
No materials or equipment of any kind shall be staged in this area. Construction activities for the
purpose of repair and replacement of Lessee's improvements including, but not limited to, those
improvements included in the permanent easement for the tunnellcombined sewer overflow
improvements shall be permitted in this area, provided that the 20 foot clear zone is maintained as
stated above.
(2) Other than that stated in subparagraph (1) above, the purpose for which this 20 foot clear
zone may be used is exclusively for landscaping purposes, solely for the purpose of installing and .
maintaining plants not to exceed 8" in height. Should any plant grow beyond 8" in height Lessee
NA VFAC 11011143 (08/04)
20
GOV'T
LESSEE
EXHIBIT "D" TO PURCHASE AND SALE AGREEMENT
shall immediately trim it back to the level of the 8" height restriction.
(3) Vehicle access to the Leased Premises will be prohibited without the authorization of the
Commanding Officer, Naval Base Kitsap at Bremerton. Lessee shall erect barriers on the eastern
edge of the Leased Premises to prevent vehicle access. Such barriers shall be of sufficient strength to
stop a 5,000 lb. vehicle traveling at 50 mph from penetrating the Leased Premises by more than 5
feet. Lessee shall install a gate for maintenance vehicles. Government shall furnish locks and shall
keep the keys at the Puget Sound Naval Shipyard (PSNS) and Intermediate Maintenance Facility
(IMP) Security Office.
(4) Lessee shall not issue permits for lawful assembly, demonstrations, concerts, political
activities, theatrical events and other gatherings of a similar nature without the authorization of the
Commanding Officer, Naval Base Kitsap at Bremerton.
30. ADMINISTRATION. Except as otherwise provided for under the Lease, the Real Estate
Contracting Officer of (specify) (the "Contracting Officer") shall have complete charge of the
administration of this Lease, including granting any consents and/or approvals hereunder, and shall
exercise full supervision and general direction thereof insofar as the interests of Government are
affected.
31. DAMAGE TO THE LEASED PREMISES. In the event the Leased Premises or any portion
of the Leased Premises is damaged either directly or indirectly as a result of Lessee's use or
occupancy of the Leased Premises, whether during the construction, operation, maintenance, or
replacement or removal of improvements or otherwise, due to acts or omissions of Lessee, its agents,
contractors or employees, Lessee shall, upon demand, either compensate the Government for such
loss or damage, or rebuild, replace or repair the item or items of the Leased Premises or facilities so
lost or damaged, as the Government may elect.
32. APPLICABLE RULES AND REGULATIONS
A. Lessee and any sublessee shall comply with all Federal, State, and local laws, regulations, and
standards that are applicable or may become applicable to Lessee's or sublessee's activities on the
Leased Premises. This includes, but is not limited to, laws and regulations concerning the
environment, construction of facilities, health, safety, food service, water supply, sanitation, and any
licenses and permits to conduct business. Lessee and any sublessee is responsible for obtaining and
paying for permits required for its operations under the Lease.
B. Further, all activities authorized hereunder shall be subject to such rules, regulations, and
procedures regarding Station security, supervision or otherwise, as may, from time to time, be
prescribed by the Station Commanding Officer.
33. SUBCONTRACTORS AND AGENTS FOR LESSE. All work involving Lessee Facilities
must be performed by skilled tradesmen who are accomplished at their craft and bonded against loss
NA VFAC 11011/43 (08/04) 21 GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
due to damages resulting directly or indirectly from work performed.
34. SURRENDER. Upon the expiration of this Lease or its prior termination, Lessee shall quietly
and peacefully remove itself and its personal property from the Leased Premises and surrender the
possession thereof to Government; provided, in the event Government shall terminate this Lease
upon less than thirty (30) days notice; Lessee shall be allowed a reasonable period of time, as deter-
mined by the Real Estate Contracting Officer, but in no event to be less than thirty (30) days from
receipt of notice of termination, in which to remove all of its personal property from and terminate its
operations on the Leased Premises. During such period prior to surrender, all obligations assumed
by Lessee under this Lease shall remain in full force and effect; provided, however, that if the
Government shall in its sole discretion, determine that such action is equitable under the
circumstances, it may suspend, in whole or in part, any further accruals of rent if any, or maximum
amount to be expended between the date of termination of the Lease and the date of final surrender
of the Premises. Government may, in its discretion, declare any personal property that has not been
removed from the Premises upon termination provided for above, as abandoned personal property
upon an additional ninety (90) days notice.
35. ATTACHMENTS. Attachments to this Lease are set forth below:
A. The Leased Premises
B. Joint Inspection and Inventory Report (JIIR)
C. Environmental Baseline Survey (EBS)/Finding of Suitability to Lease (FOSL)
D. Hazardous Materials List
E. Other
IN WITNESS WHEREOF, the parties hereto have, on the respective dates set forth below duly
executed this Lease as of the day and year first above written.
WITNESSES:
THE UNITED STATES OF AMERICA, acting by
and through the Department of the Navy
By:
Real Estate Contracting Officer
Date:
(Print Name)
(Print Name)
NAVFAC 11011143 (08/04)
22
GOV'T
LESSEE
EXHIBIT "0" TO PURCHASE AND SALE AGREEMENT
WITNESSES:
LESSEE
By:
Name:
(Print Name)
Title:
Date:
(Print Name)
FOR CORPORATE COMPANY, CERTIFICATION BY SECRETARY OR ASSISTANT
SECRETARY OF THE CORPORATION
I certify that the person who signed this Lease on behalf of the Company, was then the Officer
indicated, and this Lease was duly signed for and on behalf of the said corporation by authority of
its governing body and is within the scope of its corporate powers.
Signature
(CORPORATE SEAL)
Title
BY:
CONCURRENCE
COMMANDING OFFICER
(STATION NAME)
NA VFAC 11011/43 (08/04)
23
GOV'T
LESSEE
EXHIBIT "E" TO PURCHASE AND SALE AGREEMENT
Filed For Record at Request of:
When Recorded Return to:
Name:
Address:
Document Title: Easement
Reference Number of Document Assigned or Released:
Grantor's Name: United States of America
Grantee's Name: City of Bremerton
Abbreviated Legal Description: THAT PORTION OF LOTS 16 THROUGH 25 OF
BLOCK 13 AND LOTS 1 THROUGH 12 OF BLOCK 12, PLAT OF "TOWN OF
BREMERTON", RECORDED IN VOLUME 2 OF PLATS, PAGE 30, SITUATE WITHIN
GOVERNMENT LOT 3 (SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER)
OF SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., CITY OF
BREMERTON, KITSAPCOUNTY, WASHINGTON (Additional legal on page 2 of the
document)
Assessors' Property Tax Parcel/Account Number: NA-Federal Property
---------------------------------------------------------------------------------------------------------------------
N4425506RPOOT06
TEMPORARY GRANT OF EASEMENT
THIS INDENTURE, made the day of , 200x between the
United States of America, herein called the Government, acting through the Department
of the Navy, and City of Bremerton, a Washington municipal corporation of Kitsap
County, State of Washington called the Grantee.
WHEREAS, the Government owns that certain real property identified as the Naval
Base Kitsap at Bremerton, W A, hereinafter called the Facility; and
WHEREAS, the Grantee has requested a temporary easement for temporary detour
traffic, excavation and construction staging during the construction of an underground
combined sewer overflow structure generally located south of Burwell Street and west
of Pacific Avenue, and construction by the Washington State Department of
Transportation through its contractor of a public right of way which will consist of a
tunnel and surface streets improvements generally located at the southwest corner of
Burwell Street and Pacific Avenue in Bremerton, Washington
WHEREAS, the Secretary of the Navy has found that the grant of such temporary
easement on the terms and conditions hereinafter stated is not incompatible with the
public interest.
10f6
EXHIBIT "E" TO PURCHASE AND SALE AGREEMENT
NOW THEREFORE, this indenture witnesseth that, in consideration of mutual
benefits accruing to the parties the Government, pursuant to the authorities of 1 0 U.S.C.
2668 and 10 U.S.C. 2669, hereby grants to the said Grantee and its successors and
assigns for a period of one (1) year from January 1, 2006, the date construction
commences, a temporary easement for temporary detour traffic, excavation and
construction staging during the construction of this combined overflow project and
construction by the Washington State Department of Transportation and its contractor of
this public right-of-way improvement project, collectively hereinafter referred to as the
projects, said temporary grant of easement hereinafter called temporary construction
easement; such easement being on that portion of the Facility hereinafter called the
Premises, and described as follows:
THAT PORTION OF LOTS 16 THROUGH 25 OF BLOCK 13 AND LOTS 1 THROUGH
12 OF BLOCK 12, PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2
OF PLATS, PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 (SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER) OF SECTION 13, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., CITY OF BREMERTON, KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS;
COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF BURWELL
STREET AND PACIFIC AVENUE;
THENCE SOUTH 01035'20" WEST ALONG THE CENTERLINE OF SAID PACIFIC
AVENUE 30.00 FEET;
THENCE NORTH 88026'13" WEST 35.00 FEET TO THE WESTERLY RIGHT-OF-WAY
MARGIN OF SAID PACIFIC AVENUE AND THE NORTHEAST CORNER OF SAID
LOT 25, AND THE POINT OF BEGINNING;
THENCE SOUTH 01035'20" WEST ALONG SAID WESTERLY MARGIN 488.99 FEET
TO THE SOUTHEAST CORNER OF SAID LOT 1 AND THE NORTHERLY RIGHT-OF-
WAY MARGIN OF FIRST STREET;
THENCE NORTH 88024'32" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1
AND SAID NORTHERLY MARGIN AND THEIR WESTERLY EXTENSION 104.00
FEET TO A LINE PARALLEL WITH AND 4.00 FEET WESTERLY OF THE WESTERLY
LINE OF SAID BLOCK 12;
THENCE NORTH 01035'20" EAST ALONG SAID PARALLEL LINE 365.94 FEET TO A
LINE PARALLEL WITH AND 8.00 FEET SOUTHERLY OF THE SOUTHERLY LINE OF
SAID BLOCK 13;
THENCE NORTH 88026'13" WEST ALONG SAID PARALLEL LINE 144.81 FEET;
THENCE NORTH 01038'48" EAST 98.12 FEET; THENCE NORTH 51006'37" WEST
41.10 FEET TO THE NORTHERLY LINE OF SAID BLOCK 13 AND THE SOUTHERLY
RIGHT-OF-WAY MARGIN OF SAID BURWELL STREET; THENCE SOUTH 88026'13"
EAST ALONG THE NORTHERLY LINE OF SAID BLOCK 13 AND SAID SOUTHERLY
MARGIN 281.36 FEET TO THE POINT OF BEGINNING.
CONTAINING 69,083 SQUARE FEET OR 1.59 ACRES, MORE OR LESS.
Parcel is shown on a map marked "Exhibit A," attached hereto and made a part hereof.
2 of6
EXHIBIT "E" TO PURCHASE AND SALE AGREEMENT
THIS TEMPORYARY CONSTRUCTION EASEMENT is granted subject to the
following terms and conditions:
1. All work in connection with the construction, installation, operation, repair, and
replacement of the projects described herein shall be done without cost or expense to
the Government, and in accordance with plans previously approved by the
Commanding Officer of the Naval Facilities Engineering Command Northwest.
2. The Grantee shall maintain the Premises in good condition at all times and shall
promptly make all repairs thereto that may be necessary for the preservation of the
condition of the Premises and the continued operation and maintenance of the
Temporary Construction Easement Area. Grantee shall follow best management
practices in handling all excavated soils and materials to the excavation to the
maximum extent possible. If any excess soils and materials remain after excavation
work is completed, the Grantee shall be responsible for managing the excess soils and
materials in accordance with all applicable federal and state laws.
3. The Grantee's rights hereunder shall be subject to such reasonable rules and
regulations as may be prescribed by the Government to assure that the exercise of
such rights will not interfere with Government activities aUhe Facility.
4. The perimeter of this easement shall be clearly fenced and Grantee shall post
signs restricting entry onto the easement area. Grantee shall tightly control access to
the easement area. Grantee shall maintain a clear zone of 20 feet from this fence at
points in which it abuts the Puget Sound Naval Shipyard (PSNS) and Intermediate
Maintenance Facility (IMF). No materials or equipment of any kind shall be staged in
this area. Construction activities shall be permitted in this area, provided that the 20
foot clear zone is maintained as stated above.
5. The Government may use the Premises of the temporary construction easement
for any purpose that does not unreasonably interfere with the use and enjoyment by the
Grantee of the rights granted by this easement.
6. All or any part of this temporary construction easement may be terminated upon
failure by the Grantee to comply with any of its terms and conditions or upon
abandonment of the rights granted herein.
7. Upon termination of the temporary construction easement, the Grantee at its
expense, shall remove, to the extent requested by the Government, improvements
installed or constructed hereafter, and shall restore the premises to the same or as
good a condition as that which existed prior to the exercise by the Grantee of its rights
hereunder. Such restoration shall be done in a manner satisfactory to the Commanding
Officer of the Naval Facilities Engineering Command Northwest.
8. If at any future time, the Government determines that the projects, or any portion
thereof, unduly interfere with any of its activities, it shall have the right to terminate this
temporary construction easement, in whole or in part or to bring construction activities to
a halt for any time period necessary to eliminate such interference.
30f6
EXHIBIT "E" TO PURCHASE AND SALE AGREEMENT
9. Grantee shall be the "Generator" for this site and shall be responsible for the
proper designation, management, and the disposal of waste as specified under the
Resource Conservation and Recovery Act (RCRA) and as defined in the Washington
Dangerous Waste Regulations, WAC173-303.
10. Grantee, on behalf of itself, its agents, representatives, contractors, successors
and assigns shall at its own expense comply with all applicable laws, codes and .
regulations relating to such projects. .
11. All work shall cease and the Commanding Officer of the Naval Base Kitsap at
Bremerton, Washington shall be notified if any buried debris or foreign and potentially
hazardous material is encountered during installation of the projects.
12. If Grantee shall at any time abandon or remove from service any portion of the
existing projects, it shall take such measures as may be needed to cap or terminate any
abandoned or discontinued underground lines and equipment at no cost to the
Government, its successors and assigns in compliance with applicable laws, codes and
regulations related to the abandonment or removal.
13. Upon request of the Government, its successors and assigns, Grantee will
identify for Government, its successors and assigns the location on site of the projects
located underground in the vicinity of any proposed development or construction
activity. In no event shall Government, its successors and assigns be liable for any
damage to any lines or equipment whose location has not been accurately established
on the site by Grantee, nor for any disruption or cessation of service resulting from
construction or development in areas where Grantee has failed to accurately establish
the location of its projects.
14. The Government's rights specifically include the right for Government officials to
inspect upon reasonable notice the temporary construction easement for compliance
with environmental, safety, and occupational health laws and regulations, whether or
not the Government is responsible for enforcing them. Such inspections are without
prejudice to the right of duly constituted enforcement officials to make such inspections.
Grantee shall have no claim on account of any entries against the United States or any
officer, agent, employee, contractor or subcontractor thereof.
15. The Grantee shall protect the land from environmental degradation and shall
assume any and all legal responsibilities for all rights granted by the temporary
construction easement.
16. Storage, treatment, or disposal of toxic hazardous materials on the Premises is
prohibited except as authorized by the Government in accordance with 10 U.S.C. 2692.
17. Grantee shall indemnify and hold harmless the Government from any costs,
expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills,
storage, disposal, arising from Grantee's construction, occupancy, use or operations, or
any other action by Grantee giving rise to Government liability, civil or criminal, or
responsibility under Federal, state or local environmental laws. This provision shall
survive the expiration or termination of the temporary construction easement, and
40f6
EXHIBIT "E" TO PURCHASE AND SALE AGREEMENT
Grantee's obligations hereunder shall apply whenever Government incurs costs or
liabilities for Grantee's actions.
18. Grantee shall indemnify and hold harmless Government from any costs,
expenses, liabilities, fines, suits, actions, damages, liability and cause of action arising
or growing out of, or in any manner connected with, the occupation or use of the
temporary construction easement by Grantee and the employees, agents, servants,
guests, and invitees of Grantee; however, this liability shall not extend to matters
caused by the Government's negligent or willful acts. This provision shall survive the
expiration or termination of the temporary construction easement, and Grantee's
obligations hereunder shall apply whenever the Government incurs costs or liabilities for
Grantee's actions.
5of6
EXHIBIT "E" TO PURCHASE AND SALE AGREEMENT
IN WITNESS WHEREOF, the Government, acting through the Department of Navy, has
caused this instrument to be executed the day and year written first above.
UNITED STATES OF AMERICA
By:
MICHAEL D. BRADY
Director, Real Estate
Real Estate Contracting Officer
Engineering Field Activity, NW
DOC: 05-019 temp easement
State of Washington
County of Kitsap
I certify that I know or have satisfactory evidence that Michael D. Brady is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Director, Real Estate, Real Estate Contracting Officer, Naval
Facilities Engineering Command Northwest, United States Department of Navy to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Signature:
Title:
My appointment expires:
DOC: 05-019 temp easement
60f6
TEMPORARY EASEMENT EXHIBIT
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35' , 35' /
L____
EXHIBIT "F" TO PURCHASE AND SALE AGREEMENT
Filed For Record at Request of:
When Recorded Return to:
Name:
Address:
Document Title: Easement
Reference Number of Document Assigned or Released:
Grantor's Name: United States of America
Grantee's Name: City of Bremerton
Abbreviated Legal Description: THAT PORTION OF LOTS 17 THROUGH 25 OF
BLOCK 13 AND LOTS 1 THROUGH 12, PLAT OF "TOWN OF BREMERTON",
RECORDED IN VOLUME 2 OF PLATS, PAGE 30, SITUATE WITHIN GOVERNMENT
LOT 3 (SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER) OF SECTION
13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., CITY OF BREMERTON, KITSAP
COUNTY, WASHINGTON (Additional legal on page 2 of the document)
Assessors' Property Tax Parcel/Account Number: NA-Federal Property
N4425505RPOOT07
GRANT OF EASEMENT
THIS INDENTURE, made the day of ,2006 between the
United States of America, herein called the Government, acting through the Department
of the Navy, and City of Bremerton, a Washington municipal corporation of Kitsap
County, State of Washington called the Grantee.
WHEREAS, the Government owns that certain real property identified as the Naval
Base Kitsap at Bremerton, W A, hereinafter called the Facility; and
WHEREAS, the Grantee has requested an easement for the construction, installation,
operation, maintenance, repair, and replacement of an underground combined sewer
overflow structure generally located south of Burwell Street and west of Pacific Avenue,
and a public right of way which consists of a tunnel and surface streets improvements
generally located at the southwest corner of Burwell Street and Pacific Avenue in
Bremerton, Washington.
WHEREAS, the Secretary of the Navy has found that the grant of such easement on
the terms and conditions hereinafter stated is not incompatible with the public interest.
NOW THEREFORE, this indenture witnesseth that, in. consideration of mutual
benefits accruing to the parties the Government, pursuant to the authorities of 10 U.S.C.
2668 and 10 U.S.C. 2669, hereby grants to the said Grantee and its successors and
lof6
EXHIBiT "F" TO PURCHASE AND SALE AGREEMENT
assigns an easement in perpetuity for the construction, installation, operation,
maintenance, repair, and replacement of this combined sewer overflow and these public
right-of-way improvements, hereinafter referred to as the improvements described
herein; such easement being on that portion of the Facility hereinafter called the
Premises, and described as follows:
THAT PORTION OF LOTS 17 THROUGH 25 OF BLOCK 13 AND LOTS 1 THROUGH
12, PLAT OF "TOWN OF BREMERTON", RECORDED IN VOLUME 2 OF PLATS,
PAGE 30, SITUATE WITHIN GOVERNMENT LOT 3 (SOUTHWEST QUARTER OF
THE SOUTHWEST QUARTER) OF SECTION 13, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS;
COMMENCING AT A CASED MONUMENT AT THE INTERSECTION OF BURWELL
STREET AND PACIFIC AVENUE;
THENCE NORTH 88026'13" WEST ALONG THE CENTERLINE OF SAID BURWELL
STREET 299.88 FEET;
THENCE SOUTH 01033'47" WEST 30.00 FEET TO THE SOUTHERLY RIGHT-OF-
WAY MARGIN OF SAID BURWELL STREET AND THE POINT OF BEGINNING;
THENCE SOUTH 51006'37" EAST 219.31 FEET;
THENCE SOUTH 11010'18" EAST 364.99 FEET TO THE SOUTHERLY LINE OF SAID
BLOCK 13 AND THE NORTHERLY RIGHT-OF-WAY MARGIN OF 1st STREET;
THENCE SOUTH 88024'32" EAST ALONG SAID SOUTHERLY LINE AND SAID
NORTHERLY RIGHT-OF-WAY MARGIN 9.80 FEET TO THE WESTERLY RIGHT-OF-
WAY MARGIN OF SAID PACIFIC AVENUE
THENCE NORTH 01035'20" EAST ALONG SAID WESTERLY RIGHT-OF-WAY
MARGIN 488.99 FEET TO SAID SOUTHERLY RIGHT-OF-WAY MARGIN OF
BURWELL STREET;
THENCE NORTH 88026'13" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY
MARGIN 264;86 FEET TO THE POINT OF BEGINNING.
CONTAINING 41,460 SQUARE FEET OR 0.95 ACRES, MORE OR LESS.
Parcel is shown on a map marked "Exhibit A," attached hereto and made a part hereof.
THIS EASEMENT is granted subject to the following terms and conditions:
1. All work in connection with the construction, installation, operation, repair, and
replacement of the improvements described herein shall be done without cost or
expense to the Government, and in accordance with plans previously approved by the
Commanding Officer of the Naval Facilities Engineering Command Northwest.
2. The Grantee shall maintain the Premises in good condition at all times and shall
promptly make all repairs thereto that may be necessary for the preservation of the
condition of the Premises and the continued operation and maintenance of the
Easement Area. Grantee shall follow best management practices in handling all
excavated soils and materials to the excavation to the maximum extent possible. If any
excess soils and materials remain after excavation work is completed, the Grantee shall
20f6
EXHIBIT "F" TO PURCHASE AND SALE AGREEMENT
be responsible for managing the excess soils and materials in accordance with all
applicable federal and state laws.
3. The Grantee's rights hereunder shall be subject to such reasonable rules and
regulations as may be prescribed by the Government to assure that the exercise of
such rights will not interfere with Government activities at the Facility.
4. Grantee shall maintain a clear zone of 20 feet from the Puget Sound Naval
Shipyard (PSNS) and Intermediate Maintenance Facility (IMF) permanent perimeter
security fence/barrier. No materials or equipment of any kind shall be staged in this
area. Construction activities for the purpose repairing and replacement of the
improvements described herein shall be permitted in this area, provided that the 20-foot
clear zone is maintained as stated above.
5. The Government may use the Premises of the easement for any purpose that
does not unreasonably interfere with the use and enjoyment by the Grantee of the rights
granted by this easement.
6. All or any part of this easement may be terminated upon failure by the Grantee
to comply with any of its terms and conditions; upon abandonment of the rights granted
herein; or upon nonuse of such rights for a period of two consecutive years.
7. Upon the termination of this easement, the Grantee, at its expense, shall remove,
to the extent requested by the Government, improvements installed or constructed
hereunder, and shall restore the Premises to the same or as good a condition as that
which existed prior to the exercise by the Grantee of its rights hereunder. Such
restoration shall be done in a manner satisfactory to the Commanding Officer of the
Naval Facilities Engineering Command Northwest.
8. If at any future time, the Government determines that the improvements
described herein, or any portion thereof, unduly interfere with any of its activities, it shall
have the right to terminate this easement, in whole or in part, to the extent necessary to
eliminate such interference; PROVIDED THAT, unless the government shall have
determined that relocation is not feasible, it shall convey to the Grantee, without charge,
a substitute easement permitting the Grantee to relocate said improvements on
adjacent Government property, at Grantee's cost and expense. The substitute
easement shall contain the same terms and conditions as those of this easement, and
shall bear the same expiration date, if any.
9. Grantee shall be the "Generator" for this site and shall be responsible for the
proper designation, management, and the disposal of waste as specified under the
Resource Conservation and Recovery Act (RCRA) and as defined in the Washington
Dangerous Waste Regulations, WAC173-303.
10. Grantee, on behalf of itself, its agents, representatives, contractors, successors
and assigns shall at its own expense comply with all applicable laws, codes and
regulations relating to such improvements described herein.
30f6
EXHIBIT "F" TO PURCHASE AND SALE AGREEMENT
11. All work shall cease and the Commanding Officer of the Naval Base Kitsap at
Bremerton, Washington shall be notified if any buried debris or foreign and potentially
hazardous material is encountered during installation of the improvements described
herein.
12. If Grantee shall at any time abandon or remove from service any portion of the
existing improvements described herein, it shall take such measures as may be needed
to cap or terminate any abandoned or discontinued underground lines and equipment at
no cost to the Government, its successors and assigns in compliance with applicable
laws, codes and regulations related to the abandonment or removal.
13. Upon request of the Government, its successors and assigns, Grantee will
identify for Government, its successors and assigns the location on site of the
improvements described herein located underground in the vicinity of any proposed
development or construction activity. In no event shall Government, its successors and
assigns be liable for any damage to any lines or equipment whose location has not
been accurately established on the site by Grantee, nor for any disruption or cessation
of service resulting from construction or development in areas where Grantee has failed
to accurately establish the location of its improvements described herein.
14. The Government's rights specifically include the right for Government officials to
inspect upon reasonable notice the Easement for compliance with environmental,
safety, and occupational health laws and regulations, whether or not the Government is
responsible for enforcing them. Such inspections are without prejudice to the right of
duly constituted enforcement officials to make such inspections. Grantee shall have no
claim on account of any entries against the United States or any officer, agent,
employee, contractor or subcontractor thereof.
15. The Grantee shall protect the land from environmental degradation and shall
assume any and all legal responsibilities for all rights granted by the Easement.
16. Storage, treatment, or disposal of toxic hazardous materials on the Premises is
prohibited except as authorized by the Government in accordance with 10 U.S.C. 2692.
17. Grantee shall indemnify and hold harmless the Government from any costs,
expenses, liabilities, fines, or penalties resulting from discharges, emissions, spills,
storage, disposal, arising from Grantee's construction, occupancy, use or operations, or
any other action by Grantee giving rise to Government liability, civil or criminal, or
responsibility under Federal, state or local environmental laws. This provision shall
survive the expiration or termination of the Easement, and Grantee's obligations
hereunder shall apply whenever Government incurs costs or liabilities for Grantee's
actions.
18. Grantee shall indemnify and hold harmless Government from any costs,
expenses, liabilities, fines, suits, actions, damages, liability and cause of action arising
or growing out of, or in any manner connected with, the occupation or use of the
Easement by Grantee and the employees, agents, servants, guests, and invitees of
Grantee; however, this liability shall not extend to matters caused by the Government's
negligent or willful acts. This provision shall survive the expiration or termination of the
4of6
EXHIBIT "F" TO PURCHASE AND SALE AGREEMENT
Easement, and Grantee's obligations hereunder shall apply whenever the Government
incurs costs or liabilities for Grantee's actions.
5 of6
EXHIBIT "F" TO PURCHASE AND SALE AGREEMENT
IN WITNESS WHEREOF, the Government, acting through the Department of Navy, has
caused this instrument to be executed the day and year written first above.
UNITED STATES OF AMERICA
By:
MICHAEL D. BRADY
Director, Real Estate
Real Estate Contracting Officer
Engineering Field Activity, NW
DOC: 05-019 temp easement
State of Washington
County of Kitsap
I certify that I know or have satisfactory evidence that Michael D. Brady is the person
who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Director, Real Estate, Real Estate Contracting Officer, Naval
Facilities Engineering Command Northwest, United States Department of Navy to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Dated:
Signature:
Title:
My appointment expires:
DOC: 05-020 easement
60f6
PERMANENT EASEMENT EXHIBIT
DAVID EVANS
AND ASSOCIATES INC.
3700 Pacific Hwy. East, Suite 311
Tacoma Washington 98424
Phone: 253~22~780
S01.JJ' 47"W
JO.OO'~ fJ'-~
~ N88"26'13"W 816.~'(M) 816.S'(PLAT) _ _ -_'.' '/'l1N II~_CASE
1'...... 299.88' _
: BURWELL STREET g.
-"1- \. 264i86 I ,--
P.O.B. x.-~\ _ 35'/35' I
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I I co 9 ~ ~ I Wit I' OO~ IN
I I ::' J""" CASE - N88'24'32'W
'f-- ~ ~ 2nd STREET
I , ~$ 7 35'~IO~1 35' ,r---
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" ~ ~. 5 II~ "
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, ~ - - 35' I 35' ,
~4L___ 1 I L____
'in 100.00'
, r<') 1st STREET 9.80'
I N88.24'3~W 149.00'(C, PLAT)' m 3" BRASS DISC
Wit IN II~ CASE
SCALE: l' = 80'
"~""..'..."..".,.,.,...
--
r
DATE SUBMITTED:
BILL # {} (v, -() / (]
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
1A
............................................................................DDu....mm...
SUBJECT:
Claim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date: / - / 2[--- () 0
Department:. Financial Services
Presenter: Cathy Johnson
Phone:
SUMMARY:
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA IS] I
~;;~:4~
RECOMMENDED MOTION: Move to approve:
1) Check #'s
,~()S-P9'??"" - ,305':""50()
EFT's Y/153 - ~ 77')
$ / 3 <J:?, 3h f!: 03
I ~
2) Regular Payroll for
$
3) Retiree Payroll for
$
COUNCIL ACTION: ~ove
o Deny
D Table
o Continue 0 No Action
DATE SUBMITTED: January 12,2006
BILL # 06-011
AGENDA BILL
CITY OF BREMERTON
CITY COlJNCIL
71
1...Da..m.mD.....m.BD...m.BD...gD8.~DB....a.a......=..a..m..a..a..aaam..........BDU.....
SUBJECT: Minutes of Meeting -
January 4, 2006
Committee Meeting Date: N/ A
COlJNCIL MEETING Date: January 18,2006
Department: City Council
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held January 4, 2006.
ATTACHMENTS: Meeting Minutes for January 4,2006
FISCAL IMPACTS (Include Budgeted Amount): None
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERA nONS:
COUNCIL PRESIDENT:
I CONSENf AGENDA [2J I
,- ~ ~
?:,;>?::~:;1,fj/' i~;~ !~~{~~'J.,/~,t(f;:/'
RECOMMENDED l\-10TION: Move to pass the CONSENT AGENDA as presented.
COUNCIL ACTION: rg] Approve 0 Deny 0 Table
o Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, January 4, 2006
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, January 4, 2006, at 5:30 PM, with Council Vice-President McConnell
presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Priest, and Brad Gehring. Council Member Adam Brockus
was absent. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and
Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrina, followed by the
invocation provided by Chaplain Bill Martin of Abundant Life Foursquare Church.
Vice- President McConnell announced that a Pre-Council session was held in Council
Conference Room 603 from 5:00 to 5:30 PM to discuss upcoming agenda items, and included
a 10-minute EXECUTIVE SESSION to "Evaluate Conduct of Personnel" per R.C.W. 42.30.110 (1)
(t). He also let citizens know that if they would like to receive information on upcoming Council
meetings, they may go to the City's website at or call the
Council Office at (360) 473-5280.
ELECTION OF CITY COUNCIL OFFICERS
Vice-President McConnell opened nominations for City Council President/Mayor Pro-Tempore
for 2006.
Mike Shepherd nominated Cecil McConnell for City Council President/Mayor Pro-Tempore.
Vice-President McConnell closed the nominations.
5:35:23 M/S/C/U (Shepherd/Arends) Move to direct the City Clerk to cast the ballot for Cecil
McConnell for the position of City Council President/Mayor Pro-Tempore for 2006.
Cecil McConnell was named City Council President.
President McConnell opened nominations for City Council Vice-President.
Wendy Priest nominated Will Maupin.
Dianne Robinson nominated Carol Arends.
President McConnell closed nominations for City Council Vice-President.
Voted for Carol Arends: Arends, McConnell, Shepherd, Gehring, Robinson (5)
Voted for Will Maupin: Wofford, Maupin, Priest (3)
Carol Arends was named City Council Vice-President.
Former Council Member and Council President Daren Nygren passed the gavel to new
Council President Cecil McConnell; and offered his congratulations to him and Vice-President
Carol Arends.
The Council then continued with the regular business meeting.. .
City Council Reg. Mtg. Minutes
Wednesday, January 4, 2006
Page 2 of 3
MAYOR'S REPORT
Congratulated Council President Cecil McConnell and Vice President Carol Arends; and stated
that he looks forward to working with them and all of the City Council Members.
PUBLIC SERVICE ANNOUNCEMENTS
Former Council President Daren Nygren read a proclamation recognizing the "You Count So
We Will Too" count of homeless people to be held on January 26 & 27, 2006, which was
accepted by Matthew Keough of Kitsap Community Resources.
CONSENT AGENDA
A. Check Numbers 305020 through 305030; and EFT-8758 through EFT-8766; EFT-8768; and
8767P in the amount of $193,621.31 (#AB06-001)
B. Minutes of Meeting - November 30, 2005 (#AB06-002)
C. Minutes of Meeting - December 7,2005 (#AB06-003)
D. Minutes of Meeting - December 14,2005 (#AB06-004)
E. Minutes of Meeting - December 21,2005 (#AB06-005)
F. Minutes of Meeting - December 28,2005 (#AB06-006)
G. Contract Award for Anderson Creek Wellfield Improvements, Pump Station NO.2 Upgrade
(#AB06-007)
H. Resolution No. 2986 authorizing the first amendment and extension of the Reimbursement
Agreement between the City of Bremerton and Bank of America (#AB06-008)
There were no comments from the public.
5:49:48 M/S/C/U (Priest/Robinson) Move to approve the Consent Agenda as presented.
PUBLIC RECOGNITION
Helen Miller congratulated Council President McConnell and Vice-President Arends.
COUNCIL MEMBER REPORTS
Brad Gehring wished everyone a happy new year; congratulated Council President McConnel!
and Vice-President Arends; and hoped that people would volunteer to help the homeless.
Wendy Priest agreed with the comments made by Council Member Gehring.
Mike Shepherd reminded the public to attend the First Friday Art Walk activities downtown this
week; wished everyone a happy new year; and commented that the One Church One Family
program provided assistance in relocation to 18 families affected by Hurricane Katrina.
Dianne Robinson hoped that some of the ideas that came from the One Church One Family
program could be extended to helping the homeless; and wished everyone a happy new year.
Carol Arends announced the Swearing-In Ceremony for the Bremerton Police Department this
Friday, beginning at 3:00 PM in the Meeting Chambers of the Norm Dicks Government Center.
Nick Wofford thanked previous District 9 Council Member Mike Short foral! his assistance and
support.
Cecil McConnell thanked Council Members for their support; and wished everyone a happy
new year.
City Council Reg. Mtg. Minutes
Wednesday, January 4,2006
Page 3 of 3
With no further business, the meeting of the City Council was adjourned at 5:58 PM.
Prepared and Submitted by:
& J~--..,. t' LLI"
~ ." ' ,
I ."'-', ...... ,f
>>. ()JJ J (~ r//J,1/ /J //'"")1....)
I J :/w -. r Pl.(..;V- / .
I~// - ~_/
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
Cecil McConnell, City Council President
CM/PJ/ls/cge
DA TE SUBMITTED: January 12,2006
BILL # 06-012
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7C
........................................................................................
SUBJECT: Minutes of Meeting -
January 11,2006
Committee Meeting Date: N/A
COUNCIL MEETING Date: January 18, 2006
Department: City Council
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held January 11,2006.
ATTACHMENTS: Meeting Minutes for January 11,2006
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA IZII
'1 /~" ,,7' , /"",
,~"..,.--- cl<~//1 ,,~. ;:./' .//!iF
,~=;~ ,,;;' jr (, ~')'~~;' (>~-I/?':1/L-t~r "
RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented.
COUNCIL ACTION: cgj Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, January 11, 2006
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, January 11, 2006, at 5:30 PM, with Council President McConnell
presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Adam Brockus, and Brad Gehring. Council Member Wendy Priest
was absent. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and
Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad Gehring, followed by the
invocation provided by Deacon John Farrior of Ebenezer African Methodist Episcopal Church.
President McConnell announced that a Pre-Council session was held in Council Conference
Room 603 from 5:00 to 5:30 PM; and let citizens know that if they would like to receive
information on upcoming Council meetings, they may go to the City's website at
JJ.tJ.QJi~~2~\L~!J:!@m(?it9iLYY..~cLS;., or call the Council Office at (360) 473-5280.
PUBLIC SERVICE ANNOUNCEMENTS
President McConnell proclaimed MONDA'f, JANUARY 16, 2006 as "MARTIN LUTHER
KING, JR. DA Y" and the proclamation was accepted by Deacon John Farrior who then invited
the Council to attend the Reverend Doctor Martin Luther King Jr. Day Celebration to be held on
Monday, January 16th beginning at 1 0:00 AM at the Kitsap Pavilion President's Hall.
President McConnell invited citizens to apply for positions available on the Parks and
Recreation Board, Planning Commission, Civil Service Commission, and the Citizens'
Commission on Council Salaries. People may contact the Mayor's Office at (360) 473-5266 to
obtain an application or may go to the City's website at ]Jttr}:Jl~,{'!2.y'ycL'pr''2JJlertQIL~::'S!..c~.
Shea Schrodt announced that the WestSound Entertainment Association will be presenting a
performance by "The Coats" on February 14th beginning at 7:30 PM at the Bremerton
Performing Arts Center. People may contact Barbara Metzger at (360) 692-9463 or Claire
Schrodt at (360) 616-8892 for information and tickets.
CONSENT AGENDA
A. Check Numbers 305031 through 305297; and EFT-8769 through EFT-8782 in the amount
of $1,431,961.27; and Regular Payroll in the amount of $623,738.88 for the period ending
December 31 , 2005 (#AB06-009)
There were no comments from the public.
5:38:50 M/S/C/U (Arends/Robinson) Move to approve the Consent Agenda as presented.
With no further business, the meeting of the City Council was adjourned at 5:39 PM. Council
then reconvened in the Council Conference Room 603 for a STUDY SESSION to hear
presentations on upcoming agenda items.
City Council Reg. Mtg. Minutes
Wednesday, January 11,2006
Page 2 of 3
Attest:
PAULA JOHNSTON, City Clerk
Cecil McConnell, City Council President
CM/PJlls/cge
Prepared and Submitted by:
CHRISTINE GRENIER
Council Assistant
DA TE SUBMITTED: 1/6/06
BILL # O~-()13
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7P
......................................a.................................................
SUBJECT: Purchase of street light
assemblies (to current downtown Bremerton
standards) from Spring City Electric Mfg.
Co.
Committee Meeting Date: 1/11/06
COUNCIL MEETING Date: 1/18/06
Department: Econ. Development
Presenter: Gary Sexton
Phone: 360-473-5282
SUMMARY: Staff is recommending that the City Council approve the purchase, at the discounted
2004 price, thirteen single assembly street lights for the boardwalk! conference center plaza area at a
cost of $36,751.00 and 8 twin light assemblies at a cost of $43,768.00 for Kitsap County Consolidated
Housing Authority for the Harborside Condominiums and/or other downtown core locations. These 8
assemblies will be paid for by KCCHA.
ATTACHMENTS: Spring City Elec Mfg Co Invoice/Quote
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL IMPACTS (Include Budgeted Amount): This expenditure is part of the expected uses of
the Conference Center Capital Fund money. As of the end of 2005 all remaining unexpended funds
in the Conference Center Capital Fund were transferred to the General Capital Improvement Fund.
The 2006 budget will require amendment to authorize the use of those funds for this expenditure.
'I
f/
!/
'7 (,_....
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:.:._)~.?t-'I..'l-.c~F71,/"~
v'-, /7 -:::::::.--.
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//7' / .II /. . ;? '-, \. . "
t/"?,,/~~/;;t..._.t___,.< _,",~ ,r~~('.(,.yl1~,.,~~v<c,.....;,.j'
-"~ .,"/" ..-
;$----- -'f'<-- C~ .., -///
/../""': .[11>(;. ;!..}h , ...p'7,t..-..-.:-<!/'
c---..= - / ".~. I
RECOMMENDED MOTION: Move to approve the purchase of 21 street lights from Spring City
Electric, eight of which will be billed to Kitsap County Consolidated Housing Authority and to amend
the 2006 budget to authorize this expenditure from the General Capital Improvement Fund.
CONSENT AGENDA ~ I
FISCAL/BUDGET:
OPERA nONS:
COUNCIL PRESIDENT:
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
12/28/2005 WED 9:33 FAX 610(485577 CANON IR3300 - L.V.
~OO1l001
SPRING CITY ELEC MFG CO
P.O. Box 19. Spring City. PA' 19475' Tel: (610)948-4000' Fax: (610)948-5577
+ + + INVOICE
I PROFORMA
TO:cITY OF BREMERTON
DEPT. OF ECONOMIC DEVELOPMENT
SHlnD: WILL ADVISE
-..1 12/28/2005-CR 12/28/2005 N/A N/A ORIGIN I -~J
INVOICE HO. - IIIVOICEDATE DATE SHIPPED SHIPPED VIA FOB CUST. #
I 12/28/2005 PREPAID N/A N/A I .....
p.o. HUMBER PREPAID/COIL SAlESPERSON SO# EXEMPTlOMMO. -
TERMS: PER AGREEMENT PER DISCUSSIONS W/CHRIS ROSFELDER & GARY SEXTON
DIY mMKD. DESCRIPTlOK I PBICE I TOTAl
13 Bremerton Single Assembly $2,827.00 $36,751.00
per LP-26116
8 Bremerton Twin Assembly $5,471.00 $43.768.00
per LP-26097
Irhe same notes, terms and clarifications are required per previous order
\rooling Rental is the responsibility of the City of Bremerton
- THANK YOU.
flEASE JltMIT TO: SOBTOTAl $80519.00
SPRING CITY ELECTRICAL MFG. CO. DEPOSn
P.O. BOX 19 FREIGHl
SPRING CITY. PA 19475 PA SAlES TJUI
IIAlANCE DOl $80.519.00
DATE SUBMITTED: 1-4-06
BILL # 0 (0 - 0 11
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
-;E.
...........................................................................................,
SUBJECT: Approval of Professional
Services Agreement with Bremerton Area
Chamber of Commerce for Promotion of
Tourism within the City ofBremerton
Committee Meeting Date: 1-11-06
COUNCIL MEETING Date: 1-18-06
Department: City Council
Presenter: Will Maupin
Phone: 473-5280
SUMMARY: The 2006 Lodging Tax Advisory Committee recommended to City Council that the
Bremerton Area Chamber of Commerce (the Chamber) be awarded $42,000 for FY2006 for
marketing and promoting tourism within the City ofBremerton. Subsequently, the Council approved
this level of funding for the Chamber in the FY2006 budget. This proposed agreement
commemorates this compensation level as well as stipulates a definitive Scope of Services including
specific support the Chamber will lend to two agencies that were not awarded Lodging Tax funding
this year, the Kitsap County Historical Museum and the Bremerton Historic Ships Association.
A TTACHMENTS: Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): Included in the FY2006 Budget
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
I CONSENT AGENDA ~.
/(4---1':.4:.-i?-. \tt.'t ~4L~t:t::::;;'-__,i"
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(
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement between the City and the Bremerton
Area Chamber of Commerce for 2006 in the amount of $42,000 and authorize the Mayor to
execute the agreement in substantially the same form. as presented.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
PROFESSIONAL SERVICES AGREEMENT
Bremerton Area Chamber of Commerce
The City of Bremerton ("City") and Bremerton Area Chamber of Commerce
("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for
professional services:
I. Scope: In conjunction with the City's annual budget process and prior to the calendar
year for services to be rendered, Consultant shall submit a proposed Scope of Work. The City
must approve the Scope of Work and approve the budget of the Hotel/Motel Tax proceeds for the
Scope of Work prior to services being rendered. Should the City fail to either approve the Scope
of Work or compensation, either party may terminate this Agreement pursuant to Section IX
herein.
II. Term: The contract shall commence on January 1, 2006 and continue in full force and
effect until terminated pursuant to Section IX of this Agreement.
III. Compensation: For calendar year 2006, the City shall pay Consultant Forty Two
Thousand Dollars and 00/1 00 ($42,000) Hotel/Motel Tax proceeds for services. Payment shall
be made in twelve equal monthly installments of Three Thousand Five Hundred Dollars and no
Cents ($3,500.00). Funding is subject to actual Hotel/Motel Lodging Tax Funds received by the
City during the calendar year. After calendar year 2006, compensation shall be subject to the
annual approval of the budget and compensation for the Scope of Work for this Contract. If
Hotel/Motel tax receipts are lower than budgeted and approved for the year of service, funding
may be decreased proportionately throughout Fund 104.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work submitted annually and is performing independent functions and
responsibilities within its field of expertise. Consultant and its personnel are independent
Consultants and not employees of the City. Consultant and its personnel have no authority to
bind the City or to control the City's employees and other Consultants. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance,
and unemployment insurance are available from the City to the employees, agents,
representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely
responsible for its acts and for the acts of Consultant's agents, employees, representatives and
sub-Consultants during the performance of this Agreement. The City may, during the term of
this Agreement, engage other independent Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
Bremerton/Bremerton Area Chamber of Commerce
Page 1 of5
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this
Agreement, Consultant shall provide the Risk Manager for the City with evidence that it has
obtained and maintains in full force and effect during the term of this Agreement comprehensive
general liability insurance coverage of at least $500,000.00 per occurrence. In the event
Consultant organizes, promotes or sponsors an event involving the sale or consumption of food
or alcoholic beverages, Consultant shall also provide evidence that it has obtained products
liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The
City shall be named as additional insured. The Risk Manager shall be provided thirty (30) days
written notice of any cancellation of said insurance.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish .
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
Bremerton/Bremerton Area Chamber of Commerce
Page 2 of5
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ouarterly Reports: In addition to the reports as requested by the City in Section
VII(A), Consultant shall submit quarterly reports that summarize activities and services that have
been accomplished during the calendar quarter that have 1) specifically promoted tourism in the
City of Bremerton including measurable results; and 2) contain updates for items specifically
listed in the Scope of Services.
C. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bremerton, Washington. Meetings with the City staff shall take place
at the City's offices, or at locations mutually agreed upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement ..
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
BremertonlBremerton Area Chamber of Commerce
Page 3 of5
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
1. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
City Clerk
345 6th Street, Suite 600
Bremerton, W A 98337
Consultant Address
Bremerton Area Chamber of Commerce
PO Box 229
Bremerton, W A 98337
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non- Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
Bremerton/Bremerton Area Chamber of Commerce
Page 4 of5
written notice and diligently completes the correction thereafter. Upon such termination, City
will be entitled to reports showing the status of all matters upon which Consultant is advising the
City as of the effective date of termination.
x. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel/Motel Tax.
CITY OF BREMERTON
By:
its:
Date:
Approved as to form:
Bremerton City Attorney
CONSULTANT
By:
its:
Date:
Attest:
City Clerk
R:\Legal\Legal\Contracts\FINANCE\Bremerton Area Chamber of Commerce-Visitor Information Center.doc
BremertonlBremerton Area Chamber of Commerce
Page 5 of5
BREMERTON
CUAMBER
P.O. Box 229
301 Facific
5n:mcrton, W/\ 98337
"He/ping
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Br'e~nerton i\rea
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December 23, 2005
SCOPE OF SERVICES FOR 2006
Paula J ohnstOh
Deputy City Clerk
City of Bremerton
345 Sixth Street
Bremerton WA 98337
Dear Paula,
In accordance w'ith the request for the scope of services to be provided under
the visitor information contract for $42,000 between the Chamber has with the
City, we anticipate tourism expenditures in 2006 as follows:
Function
Amount
Staffing for Visitor Information Center (year round)
Monday through Friday year round and
summer weekends
$22,000
$ 8,800
$ 1,000
$ 8,200
$ 2,000
$42,000
Rent, utilities, telephone
\V'eb site upgrades
Advertising
Postage/ copies/ supplies
Total
In addition, support for the I<:itsap County Historical Society i\Iuseum and
Bremerton Historic Ships Association includes, but is not limited to:
· complimentary half page ad in our 2006 Community Direcwry
· prominent banner advertising on our new web site (February launch)
· three complimentary flyers in our monthly newsletter
Please contact me at 479-3579 or silvia@bremertonchamber.org if you need
additional information or have any questions,
Sincerely,
Silvia Klatman, IO;\l
Executive Director
DATE SUBMITTED: 1-4-06
BILL # 0 ro - 0 1 5
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
,;F
...........................................................................................,
SUBJECT: Approval of Professional
Services Agreement with Kitsap Peninsula
Visitor & Convention Bureau for Promotion
of Tourism within the City ofBremerton
Committee Meeting Date: 1-11-06
COUNCIL MEETING Date: 1-18-06
Department: City Council
Presenter: Will Maupin
Phone: 473-5280
SUMMARY: The 2006 Lodging Tax Advisory Committee recommended to City Council that the
Kitsap Peninsula Visitor and Convention Bureau (VCB) be awarded $31,000 for FY2006 for
marketing and promoting tourism within the City ofBremerton. Subsequently, the Council approved
this level of funding for the VCB in the FY2006 budget. This proposed agreement commemorates
this compensation level as well as stipulates a definitive Scope of Services including specific support
the VCB will lend to two agencies that were not awarded Lodging Tax funding this year, the Kitsap
County Historical Museum and the Bremerton Historic Ships Association.
ATTACHMENTS: Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): Included in the FY2006 Budget
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY: r
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
1~:!?~'L~t:'_A?_ z2( ,{.<i'~~,!-:)t"~4.I!-"/
yq:/ '~"I/C:>z" ",>,.,-'^'~',. ;' /;4'
./:. ~/ P A /11/ ~7"f. //' .::./{,...vvc/LJ/
/:,// .-"- ~-/ I.i'" ~~,.I> ,",' - ~ >
,.- / l ,,/ ;(./..-"~
L.'l
CONSENT AGENDA.J;!:L
RECOMMENDED MOTION:
Move to approve the Professional Services Agreement between the City and the Kitsap
Peninsula Visitor and Convention Bureau for 2006 in the amount of $31,000 and authorize the
Mayor to execute the agreement in substantially the same form as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
PROFESSIONAL SERVICES AGREEMENT
Kitsap Peninsula Visitor and Convention Bureau
The City of Bremerton ("City") and Kitsap Peninsula Visitor and Convention Bureau
("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for
professional services:
I. Scope: In conjunction with the City's annual budget process and prior to the calendar
year for services to be rendered, Consultant shall submit a proposed Scope of Work. The City
must approve the Scope of Work and approve the budget of the Hotel/Motel Tax proceeds for the
Scope of Work prior to services being rendered. Should the City fail to either approve the Scope
of Work or compensation, either party may terminate this Agreement pursuant to Section IX
herein.
II. Term: The contract shall commence on January 1, 2006 and continue in full force and
effect until terminated pursuant to Section IX of this Agreement.
III. Compensation: For calendar year 2006, the City shall pay Consultant Thirty One
Thousand Dollars and 00/100 ($31,000) Hotel/Motel Tax proceeds for services. Payment shall
be made in eleven equal monthly installments of Two Thousand Five Hundred Eight Three
Dollars and 33 Cents ($2,583.33) and one monthly installment of Two Thousand Five Hundred
Eight Three Dollars and 37 Cents ($2,583.37). Funding is subject to actual Hotel/Motel Lodging
Tax Funds received by the City during the calendar year. After calendar year 2006,
compensation shall be subject to the annual approval of the budget and compensation for the
Scope of Work for this Contract. If Hotel/Motel tax receipts are lower than budgeted and
approved for the year of service, funding may be decreased proportionately throughout Fund
104.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work submitted annually and is performing independent functions and
responsibilities within its field of expertise. Consultant and its personnel are independent
Consultants and not employees of the City. Consultant and its personnel have no authority to
bind the City or to control the City's employees and other Consultants. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance,
and unemployment insurance are available from the City to the employees, agents,
representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely
responsible for its acts and for the acts of Consultant's agents, employees, representatives and
sub-Consultants during the performance of this Agreement. The City may, during the term of
this Agreement, engage other independent Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
BremertonlKitsap Peninsula Visitors and Convention Bureau
Page 1 of5
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
v. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this
Agreement, Consultant shall provide the Risk Manager for the City with evidence that it has
obtained and maintains in full force and effect during the term of this Agreement comprehensive
general liability insurance coverage of at least $500,000.00 per occurrence. In the event
Consultant organizes, promotes or sponsors an event involving the sale or consumption of food
or alcoholic beverages, Consultant shall also provide evidence that it has obtained products
liability and liquor liability insurance of at least $500,000.00 per occurrence, for each event. The
City shall be named as additional insured. The Risk Manager shall be provided thirty (30) days
written notice of any cancellation of said insurance.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
BremertonlKitsap Peninsula Visitors and Convention Bureau
Page 2 of5
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Quarterly Reports: In addition to the reports as requested by the City in Section
VII(A), Consultant shall submit quarterly reports that summarize activities and services that have
been accomplished during the calendar quarter that have 1) specifically promoted tourism in the
City of Bremerton including measurable results; and 2) contain updates for items specifically
listed in the Scope of Services.
C. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Port Gamble, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Port Gamble, Washington. Meetings with the City staff shall take
place at the City's offices, or at locations mutually agreed upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
BremertonlKitsap Peninsula Visitors and Convention Bureau
Page 3 of5
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
City Clerk
345 6th Street, Suite 600
Bremerton, WA 98337
Consultant Address
Kitsap Peninsula Visitor & Convention Bureau
PO Box 270
Port Gamble, W A 98364
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non- Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
ofthe State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
N. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated by either party for convenience upon
thirty (30) days written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
BremertonlKitsap Peninsula Visitors and Convention Bureau
Page 4 of 5
written notice and diligently completes the correction thereafter. Upon such termination, City
will be entitled to reports showing the status of all matters upon which Consultant is advising the
City as of the effective date of termination.
x. Termination of Other Contracts. This Agreement shall supersede all prior Agreements
between the parties relating to the use of Hotel /Motel Tax.
CITY OF BREMERTON
CONSULTANT
By:
its:
Date:
By:
its:
Date:
Approved as to form:
Attest:
Bremerton City Attorney
City Clerk
R:\Legal\Legal\Contracts\FINANCE\Kitsap Peninsula Visitor and Convention Bureau.doc
Bremerton/Kitsap Peninsula Visitors and Convention Bureau
Page 5 of5
CITY OF BREMERTON
SCOPE OF SERVICES 2006
The Kitsap Peninsula Visitor & Convention Bureau will provide to the city ofBremerton
all of the functions germane to its operation as a destination marketing organization. In
exchange for a contract beginning January 1, 2006 through December 31,2006 in the
amount of$31,000.00 the KPVCB will expend the contract amount on:
. Marketing! Advertising $12,000.00
. Internet placementJ Upgrades for Bremerton $4,000.00
. OperatelStaft'two visitor information centers $3,000.00
. Produce!Distribute 75,000 Visitor Guides $2,000.00
. Provide public relations materials to media sources $2,000.00
. Operate the Kitsap Sports Council $3,000.00
. Cost of operations and staffing 5.000.00
Total $31,000.00
Additionally, the Kitsap Peninsula Visitor & Convention Bureau will support and
augment the marketing efforts of the following organizations: .
Bremerton Historic Ships, and the Kitsap Historical Museum organizations will be
featured in the annual Kitsap Peninsula Visitor Guide (70,000 copies), the 2 Visitor
Information Centers will distribute the Historic Ships brochures, as well as the Kitsap
Historical Museum's, and will be listed on \VW\;\!. visitkitsaDcom attractions and
~_,____.___ -..;r-----
museums pages, plus any major events presented by either of the organizations will
be featured on our Calendar of Events page. The VCB is working with both groups to
produce 25,000 brochures which will be distributed to the participating organizations,
and the VCB will have them distributed on West Sound routes of the Washington
State Ferries. Any other marketing opportunities that come up during 2006 will
receive the same support from the Kitsap Peninsula Visitor & Convention Bureau.
Grant 1. Griffin
Executive Director
1/3/06
DATE SUBMITTED: 1-4-06
BILL # 0(0 - 0 / Co
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7"
...................0.......................................................................,
SUBJECT: Approval of an Agreement
between the City ofBremerton and the Naval
Memorial Museum of the Pacific for
Operation of the Museum
Committee Meeting Date: 1-11-06
COUNCIL MEETING Date: 1-18-06
Department: Financial Services
Presenter: Laura Lyon
Phone: 473-5722
SUMMARY: The City ofBremerton has contracted with the Naval Memorial Museum of the Pacific
(Naval Museum) for many years for the display and safekeeping of certain models of naval ships and
other items related to the United States Navy that the City has possessory interest in pursuant to an
agreement with the Navy. For the past several years the City has compensated the Naval Museum for
utility expenses only. Prior agreements included rent compensation. The proposed agreement
reinstates rent compensation at $2,365.00 per month for the calendar year of 2006, as long as the
Naval Museum is located in its current location, and also includes continued compensation for utility
expenses.
ATTACHMENTS: Naval Museum Agreement
FISCAL IMPACTS (Include Budgeted Amount): Rent and Utility Expense Reimbursement (annual
expense of appro x $34,380) is included in FY2006 Budget.
APPROVALS:
DEP ARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
:i<
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve the Naval Museum Agreement between the City and the Naval Memorial
Museum of the Pacific for rent and utility expense reimbursement for the calendar year of 2006
and authorize the Mayor to execute the agreement in substantially the same form as presented.
I CONSENT AGENDA .+
COUNCIL ACTION: 0 Approve 0 Deny D Table
o Continue 0 No Action
CITY OF BREMERTON
NAVAL MUSEUM AGREEMENT
COMES NOW, the CITY OF BREMERTON, a Washington municipal corporation, ("City") and
the NA VAL MEMORIAL MUSEUM OF THE PACIFIC, a Washington non-profit corporation,
("NMMP"), dba BREMERTON NAVAL MUSEUM, who recite and agree as follows:
I. RECITALS
A. NMMP has, with the cooperation of the City, maintained the BREMERTON
NAVAL MUSEUM for many years.
B. The City has the possessory interest in certain models of naval ships and other
items related to the United States Navy through an agreement with the United States Navy.
C. Both NMMP and the City desire the maintenance and continued operation of a
naval museum in the City of Bremerton.
NOW THEREFORE, for and in consideration of the mutual benefit to be derived
herefrom, the adequacy of which is acknowledged by each party's authorized agent affixing his
or her signature hereto, the parties now agree and contract as follows:
II. AGREEMENTS
1. Possessory Interest in Items. The possessory interest of the City in the items
listed on Schedule A and any other artifacts not listed but located at the BREMERTON NAVAL
MUSEUM shall remain in full force and effect, subject to its agreement with the United States
Navy and this Agreement. The NMMP shall do nothing to impair the City's agreement with the
United States Navy.
2. Possession. So long as this Agreement remains in effect and the City is entitled
to its possessory interest through its agreement with the United States Navy, the NMMP shall
display the museum artifacts. Provided, however, the NMMP may, at any time return any or all
of said items to the City in as good condition and repair as when the same were given to the
NMMP. NMMP shall not assign, sell, transfer or otherwise convey, nor shall it loan to any
person, the said items without the City's prior written approval.
3. Operation of Museum. The City shall pay for water, sewer, gas, electricity
and garbage as provided in the lease agreement between the NMMP and Amy Burnett dated June
11,2004. The City shall pay local telephone service in amount not to exceed $70.00 per month.
In addition, the City shall reimburse NMMP's rent in an amount not to exceed $2,365.00 per
month so long as the BREMERTON NAVAL MUSEUM is housed at its current location. It,
shall be NMMP's responsibility to operate the museum at its sole cost and expense including, but
not limited to, staffing and personnel requirements. NMMP shall maintain regular hours and
days of operation which shall be upon mutual agreement with the City.
lof3
4. Scope. Pursuant to Section 1I(1 and 2) of this Agreement, the City has entrusted
the custody of many artifacts on loan from the United States Navy to NMMP. In consideration
for the payments made by the City herein, NMMP shall display these artifacts and keep them in
as good condition and repair as when the same were given to the NMMP.
5. Insurance and Hold Harmless. The City shall maintain property insurance
covering the museum artifacts. Prior to and during the performance of the work covered by this
Agreement, NMMP shall provide the Risk Manager for the City with evidence that it has
obtained and maintains in full force and effect during the term of this Agreement comprehensive
general liability insurance coverage of at least $500,000.00 per occurrence and standard form
property insurance on all other contents of the museum excluding the artifacts. The City shall be
named as additional insured. The Risk Manager shall be provided thirty (30) days written notice
of any cancellation of said insurance.
NMMP agrees to defend, indemnify and save harmless the City, its appointed and elected
officers and employees, from and against any and all liability, loss, costs, damage and expense,
including costs and attorney fees in defense thereof because of actions, claims or lawsuits for
damages resulting from personal or bodily injury, including death at any time resulting
therefrom, sustained or alleged to have been sustained by any person or persons and on account
of damage to property, arising or alleged to have risen directly or indirectly out of or in
consequence of or the performance of this Agreement, whether such injuries to persons or
damage to property is due to the negligence of NMMP, its subcontractors, agents, volunteers,
successors or assigns. This provision shall be inapplicable to the extent the City is judicially
found solely negligent for such damage or injury.
6. Reports and Information. NMMP, at such times and in such forms as the City
may require, shall furnish the City such reasonable periodic reports and documents as it may
request pertaining to the work or services undertaken pursuant to this Agreement, the costs and
obligations incurred or to be incurred in the connection therewith, and any other matters covered
by this Agreement. NMMP will maintain accounting records in accordance with generally
accepted accounting principles and practices to substantiate all invoiced amounts. Revenue and
expenditure reports and verification of bank accounts shall be required quarterly.
7. Termination. This Agreement shall remain in force until completion, termination
by written instrument upon mutual consent, or by the City of Bremerton for convenience. This
Agreement may be immediately terminated for cause by a Party if the other Party substantially
fails to perform through no fault of the terminating Party, and the non-performing Party does not
commence correction of the failure of performance within thirty (30) days of the terminating
Party's sending notice to the non-performing Party. Additionally, upon NMMP's closing of the
museum to the public, except in the normal course of its operation of the museum, or violation of
any terms of this Agreement, this Agreement shall be immediately terminated and all items
subject to this Agreement shall be returned to the City.
8. Binding Effects. This Agreement shall be binding upon and mure to the
benefit of the parties hereto and their respective successors and assigns.
20f3
9.
Notices.
Notices shall be given as follows:
City Clerk
345 6th Street, Suite 600
Bremerton, W A 98337
Naval Memorial Museum ofthe Pacific
402 Pacific Avenue
Bremerton, W A 98337
10. Term. This Agreement is for a term of one (1) year and shall commence on
January 1, 2006 and expire on December 31, 2006, unless extended by mutual written agreement
of the parties.
CITY OF BREMERTON
NAVAL MEMORIAL MUSEUM OF
THE PACIFIC
By: Cary Bozeman
Its:
By:
Its:
Date:
Date:
APPROVED AS TO FORM:
Roger A. Lubovich, City Attorney
RECEIVED FOR FILING:
Paula Johnston, City Clerk
R:\Legal\Legal\Contracts\FINANCE\Naval Memorial Museum of the Pacific - 2006.doc
30f3
SCHEU tJLE "}\."
Schedule "A" consists of the following:
1. Schedule 1 Items on Loan from The Navy
2. Schedule 2 List ofItems in Bremerton Naval Shipyard Museum
3. Schedule 3 List ofItems in Bremerton Naval Shipyard
4. Schedule 4 List of Artifacts and Archival Materials at the Bremerton Naval
Museum that Belong to the Kitsap County Historical Society
5. Schedule 5 Ship's Bell
Mark III Inclinometer
6. Schedule 6 List of Ship Models
The above schedules are a compilation of inventory lists gathered since the inception of
the contract with the Navy in 1967. Schedules 1,2, and ~~te~ lVhen the
museum ,moved from the Ferry Terminal,t~ its present<!:?cation in, 198J.:./lt is ,recognized
that the 11sts may not be accurate and anticipated that a cOnit'lete-mventory Will be
undertaken prior to the move to a new location,
_(~::,-e.c1'_:>~LR~_
') ~<;'
..."..,,-------..
--~'".,_.~'~->-'- ",.-" ,...~-~~_.._".~.-...".
So; e...he.c:lu I e. I
r
ITEMS rn I.DAN FRCM 'l:rlE NAVY
Number
Item
Source
106 NORT'rl DAKOT.~ Mode 1
Bureau of Ships
107
NAUTILUS rrodel
II
108
Medel of PSNS
II
158
Medel Japanese Battleship
Naval History Office
159
Sofa from OLYMPIA
"
"
160
Civil War Gatling gun
"
"
161 World Globe 1900
"
"
162 Stearn Engine Model
"
"
163 plaque-Louisville
"
"
164 Admiral Dewey I s chair
"
"
165 Wooden blocks CONSTITUTION
"
"
166 Table from AUGUSTA
"
"
167
Figurehead and Stand (<;I'\i'l../"u...p,llvaW'1e-I2K. "
"
168 Plaque
II 11 II
170 Figure and Stand
" " n
172 Christening Bottle
'I I' I'
173 Cor~bread Pla~Je
I' I' II
174 High bells NITRO 7 PYRO
II I' I'
175 Metal Plate Olympia
" n 11
176 Ships Clock
'I II I'
186 Sterling silver junk
.. 11 II
~8 7 Parts Running 1 ights (3)
188 4 cotton Am. flags
n 11 II
" " "
189 Miniature Merchant ships
190 Ridgely swords
" " "
191 Japanese sword
It II "
-\-
\
Lcx::ation
Southwest
CenteI'1Hest
Northcenter
"
Northwest
"
"
Storage-So.
"
Northeast
"
Southwest
"
Northwest
"
Northeast
"
Storage-So.
"
NE.vu t O~
Library
No rthc enter
Library
Libr.::lry
Northeast
Northwest
Storage
Kill file
Library
Storage
Storage
Northcenter
Northcenter
::::.~ \
193 Photograph
194 Pai.nting JP Jones
195 Photograph CONCORD
196
Photograph
PETHEL
197
"
DETroIT
198
11
LIGHTENING
258
13 Trcphies and cups
259
Photo- USS KINGFISHER
260 Photos- Ships narred for States (89)
261 Plank sections USS OREGON
262 2 dye transfers of paintings
263 Ships Model- USS MIDWAY
11
273 USS BREMER'IDN items
ab 2 roat oars
c trophy case
d hand telephone
e dummy dri.ll projectiles
filII 11
g wheel ships helm steer.
h wheel ships aft. steer.
i-l 4 portholes
m Board vertical plotting
n 11 horizontal "
o Annunciator EDT
p Compass,rnagneti.c
q Quarterdeck bell
rstu- 4 lifebuoys
v Battle lantern
w " "
x Engineering plaque
y Builders plaque
z Clinometer, Mark 3pend..
aa" "
ab 11 11
ac 11 tube type
ad Barometer, aneroid
ae Bugle
af Bugle
Board, ships name
ah Navigation lights
.-~~
11
11 (
.. II
" "
" "
" "
" 11
Historiar.s Office
"
11
11
" Library
" Library
" Library
11 Library
11 Library
Centersout.."1
1- Northwest
1- kill file
11
Centernorth
"
Storage
Centersouth
storage
"
"
Northeast
"
Storage
11
"
Northeast
Storage
II
Northeast
Storage
Northeast
Storage
Northeast
sent to sub
Storage
Southwest
Storage
Northeast
Storage
Northeast
r-
L273 USS BREMER'lD~
ai. Gyro-repeater c~~ss
aj Contact maker gen. alfulil
ak II chern. II
al Binnacle stand
am ~agnetjc compass
an Pelourus stand
ao Gyro repeater compass
ap Shoulder insignea patches
aq-as 3 b~ks, small mat
at boat anchor
au Lot line manilla 8"
av chart ruler
aw " "
"S,~~~ \
r-
Nor-...neas t
Storage
II
Library
Northeast
Southwest
Storage
-::)-
:)
SCHEDULE 2
LIST OF IT~B IN BR~1ERTON NAVAL SHIPYARD 11US~J}1
(
:::COUNT
JMEER LOC. QUAN .
3.
4.
7.
8.
9.
LO.
L1.
L2.
SW
NC
ST-NC
SW
SW
NE
NW
ST
NE
l3.
14.
SW
SW
NW
L
15.
16.
17.
18.
19.
21.
22.
23.
Lib. 1
Li b . 2
NW 1
NW 7
See Card 17
24.
26.
27.
29.
30.
32.
50.
51.
53.
34.
56.
58.
59.
'0.
'1.
'2.
'3.
,4.
;6.
;7.
;8.
'0.
'1.
'2.
CE
Lib.
Lib.
Lib.
Lib.
Lib.
Lib.
SW
Lib.
Lib.
ST
NC
ST
NC
L
L
ST .
ST
Lib.
Li'6.
Lib.
NW
ST
ST-Arc
Lib.
Qm
.......
'4.
'C:
/.
'9.
12.
~4 .
ST
HC
Lib.
NW
SW
\8.
.~
)1.
ITEM DESCRIPTION
Calendar Clock 1898
Bayonet 1900
Hood en Cannon Barrels
Calculating Slide Rule
Calculating Slide Rule
Gang-Nay Boards, USS BOSTON
Timber from Dry Dock 1
Bell Shipyard Foundry
Parts of Japanese Officer's
Uniform
PlaQue
Nallets
Bench
Photograph of Atlantic Fleet
(Frame only)
Photograph Labor Building
Drawings History of French Navy
Shop Gu.'1
Medals and a Badge
Cutlasses, Alaro Signal, German
~1achine Gun, Rifle Display
wi th items
5 Hull Models
1 President Roosevelt's car flag
1 Photograph, USS YJillUSA
1 Photograph, USS HOLLAJID
1 Photograph Ammunition Ship
1 Photograph Submarine
1 Painting>> USS UNITED STATES
1 Model Stab1izer Unit
1 PlaQue, USS LOUISVILLE
Cachet Envelope
1 Very Pistol
1 Stable Zenith Mechanism
1 Ford Instrument 1921
1 Japanese Rifle, Bayonet
2 PSNS Badges
2 Nedals
1 Wooden ~~eel
3 Wooden Ozen Yokes
1 Photograph "~.1odern Battleship"
1 Navy Yard Badge
1 Photograph
1 Photograph and r..;aps
1 Calculating Device
1 Piece of Mastodon Tusk
1 Sketch "Birds eye View PSNS"
24 Rifle Shells & Leads
1
1
2
,
.J..
1
3
1
1
4
1
2
1
1
1
1
8
6
1
Wooden Shingle
Japanese Knee Trench Mortar
Picts.-Clippings Adm. Laning
Na~r Hat Ribbons
Range Indicator
-1-
DONOR
STATUS VALUATION
Dick Stedling
A..-.othur B. Bright
Alfred A. Noyer
Planning Department
Planning Department
Shop 470, PSNS
Shop 470, PSNS
Shop 470. PSNS
R. A. Finke
Gift
"
"
II
"
"
"
"
"
Shop 470. PSNS
Shop 470, PSNS
Shop 470, PSNS
l-Irs. Ma....-tin Lucus
II
"
"
"
IRO, PSNS
R. W. Kigon, CDR
Police Department
G. W.Holesyorth
Supply Department
"
"
"
"
II
Shop 911, PSNS
N. J. McAfee
Bureau of Ships
"
"
"
"
"
"
"
"
"
"
Homer N. 'tia11in
Ordnance Dept., PSNS
Public i~'orkd, PSNS
IRO>> PS?iS, S. Clarke
Harold Lillehei
Shop 38, PS~S
Shop 38>> PSNS
Bob Piercey
Administratipn Dept.
PSNS
Shop 64
c. G. ~-1iller
Rev. Father J. E. Careerman "
Safety Di v., PS~~S "
Production Dept. "
H. H. Thompson "
Design Division I'
L. E. Hagbo "
Haster Shipfitter "
"
"
"
"
"
"
"
"
"
II
"
r.i. H. Pixley
Alfred E. Johnson
Herman E. Irrgang
Mrs. Ethel Allen
Ethel Bagley Allen
Joe ~. Thornbury
!!
"
"
"
"
"
$ 75.00
1.00
5.00 e;
20.00
40.00
80.00
1.00
350.00
25.00
10.00
5.00 e:
100.00
2.00
1.00
1. 00 e;
1.00
500.00
5.00 e:
5.00 e;
5.00
2.00
2.00
2.00
2.00
5.00
10.00
1.00
1.00
5.00
10000
10.00
15.00
1.00
1.00
20.00
35.00
2.00
1.00
3.00
1.00
5.00
10.00
1.00
1.00
1.00
20.00
20.00
1.00
10.00
SCEEDULE 2, (Cant. ) (
LIST OF ITEHS IN BRENERTON NAVAL SHIPYARD MUSE1Jt.1
:COUNT
IMBER 1:QQ.:.. QUAN.
99.
.01
.03.
.12.
.20.
.21.
.22.
.23.
_28.
'29.
L31.
L32.
L35.
L37.
L39.
L42.
L43.
147.
149.
150.
155.
163.
164.
165.
166.
167.
168.
169.
170.
171.
172.
173.
174.
180.
181.
183.
186.
187.
188.
190.
192.
i 193.
194.
198.
199
200.
201.
202.
205.
206.
201r
Lib.
NE-ST
Lib.
Lib.
NE
Lib.
NC
NW
Lib.
Lib.
Lib.
ST
Lib.
Lib.
NE
ST
ST
ST
ST
ST
Lib.
CE
lIC
SW
Lib.
ST-S.
Lib.
Lib.
ST
ST
ST
SW
SW
Lib.
ST
ST
L
NC
Lib.
Lib.
CVl
Lib.
Lib.
ST
ST
ST
ST..
ST
ST
Lib.
ST
ITD1 DESCRIPTION
Photograph. USS PITTSBURGH
Binoculars, Japa...'1ese
Builders Plaque
Photograph, USS KINGFISHER
Fancy Knot Work
Phonograph Records
Deck Plate, USS INDIANA
Coffer-dam Plate, USS IOWA
1 Oil Painting, USS CALIFORNIA
1 Oil Painting, USS NITRO
10 ?kgs. Length of Service Pins
3 1.1inute Man Flags
Builders Plaque
Testimonial Scroll
Wooden Gavel
Lamps. USS oKLAHOHA
~aterial & Items
Light Bulb
1 Sewing Machine
1 l!:odel Guided 1,1issile
1 Plaque of Man's Face
1 Stips Bell, USS JoHNFJUrCoCK
1 LifeGun
1 Time Clock
3 Trophy Cups
1 Anmunition Shell
1 Photograph, USS KEARSARGE
1 Photograph
1 Metal Fragment
1 Metal Section, USS NEVADA
1 Metal Section
1 Hodel ~2lI'.rnerhead Crane
1 Sextant
1 Scroll, Tapestry
1 Ditty Box (Footlocker)
1 Sextant Japanese ..
22 Buttons (Navy Uniform), Medals
1 Cavalry Sword and Scabbard
1 Photograph
5 Photographs
1 USS FNU~{1IN D. 200SEVELT Bell
2 Souvenir Medal and Dutton
1 Souvenir Key, USS LOUISVILLE
1 Jacking Gear Wrench, USS OREGON
1 Cigar Box, USS NORTH PACIFIC
1 Instrument Box
1 Shi~s Hammock Canvas
1 Cooking Pot, Spanish-American War
1 Navy Uniform
1 USS UTAH Bowling Trophy
1 USS CONCORD Bell Fragment
1
4
1
1
2
2
1
1
,
..i-
1
1
2
-2-
DONOR
STATUS
Gift
"
L. E. Northwang
Supply Department
E. T. Eagling
Office of Naval History "
Shop 912. PSNS "
Harold Lillehei
University Club
University Club
A. P. Johnson
A. P. .Johnson
IRO, PSNS
IRO, PSNS
C. H. .Jensen
Admiral Bledsoe
.Julia Lee MacDonald
A. O. Williams
D. W. Hright
Unknown
Shop 470 t PS:.J3
L. E. Barbo
Ttomas Bright
Supply Department
Naval Base Office
Supply Department
Supp~r Department
Unknown
Shop 420, PSNS
Shop 420. PSNS
Shop 911, PSNS
Shop 911, PSNS
Shop 911, PSNS
Shop 420, PSNS
Supply Department
Admiral Blec.soe
Gracia Britten
Supply Department
J. E. Mc:!:lowell
J. E. McDowell
D. R. Saveker,CDR,USN"
~,:rs. Edwin r~okko
Supply Department
D. R. Saveker ,CDR ,USN "
Shop 11, PSNS
Shop 12, PSNS
Gracia 3ri tten
Gracia Britten
"
"
"
"
"
II
"
"
II
II
II
II
II
II
"
"
II
II
"
II
II
"
"
"
"
"
"
"
"
"
"
II
II
"
"
"
"
"
"
"
1,'7'_'" t:l'_,~....,....
n' .a....L. v LJ.J.. u.J.J.':>
"
"
"
"
"
J. B. Chandler
13th Naval District
John Price
Ivlatt lierd.erson
VALUATIO:
$; 2.00
25.00
5.00
2.00
40.00
1.00
5.00
5.00
15.00
15.00
, 10.00
1.00
2.00
3.00
1.00
2.00
2.00
1.00
10.00
10.00
5.00
75.00
100.00
175.00
10.00
1.00
2.00
5.00
1. 00
1.00
1.00
50.00
25.00
5.00
1.00
10.00
1.00
10.00
5.00
1. 00
500.00
1.00
1.00
1. 00
1.00
1. 00
1.00
1.00
1. 00
1.00
1.00
~0UN'l'
~ LOC . Q.uAI~ .
? .
3.
Lib.
Lib.
NW
Lib.
Lib.
ST
L
Lib.
Lib.
Lib.
NC
NE
SW
ST
ST
Lib.
ST
ST
Lib.
SW
SW
ST
ST
~ .
3
) .
3.
) .
4.
5.
8.
o.
1.
2.
4.
5.
6.
.7.
:9.
:7.
i8.
;3.
;7.
;8.
)9.
11.
U.
[4.
75.
76.
78.
Lib.
ST
ST
Lib.
Lib.
L
L
20.
31.
88.
90.
94.
18.
19.
20.
26.
29.
31.
32.
L.
L
L
ST
ST
Lib.
ST
ST
ST
ST
ST
Lib.
33.
34.
35.
NW
Lib.
Lib.
36.
30
Lib.
tfE
SCHEDULE 2 ( Cent. )
(-
LIST OF IT~.1S IN BREHERTON NAVAL SHIPYARD HUSEtM
ITEM DESCRIPTION
DONOR
1
1
1
1
1
1
1
2
4
1
1
1
1
1
1
1
1
4
1
1
1
2
2
Photo~raph, USS
Dye Tra."1sfer of
Nipsic Log
Certificate of
A...'l\KANSAS
Painting
Cha~"1cey R. Doll
USS OLYMPIA
Public Works, PSNS
ITF, PSNS
U. S. Naval Base
Unknown
Supply Dept., PSNS
Police Dept., PSNS
Unkno....'U
LeRoy V. Elledge
E. T. Eagling,CDR,USN
Shipyard CDR's Office
Supply Dept., PSNS
Ci'1O 11a.1dnen
Dwight Ridlon
Jesse Shelton
Bremerton Group
H. E. Eagling
Charles Dewar
Apprenticeship
Phot ograph, H. T. Burwell
Loudspeaker
YNCA League Basketball Trophy
Badges
Christmas Greeting Cards
Key Heart-Shaped Handle
Fencing Sword
Ship Eode1
Shipts Chronometer in Case
Shrapnel, Dec. 7,1941
Fuse from P~ti-aircraft Shell
US Flae 0 1906
Surrender Plaque, USS MISSOURI
Cartridges in Clip
Car Pass, PSNS, 1920-1930
Oak Roll Top Desk
Air Pump Unknown
Red and Green Running Lights Breoerton Group
Telegraph Anunciator and Receiving Bremerton Group
Unit
Metal Tab - USPC Nipsic
Alm;:at er - J apanes e Sub.
Schrapnel, USS CALIFORNIA
Painting
Framed Photograph
Painting, USS ERD~ERTON
Framed I'lo~"1t of 13 Pictures
( Fr ane only)
Photo, USS PITTSBURGH
Photo, USS EAST VIRGINIA
Paint ing 1IHinut e ~': an 11
Cannon Ball
Wrench
Picture, Ships of Old Navy
Emergency Smoke S~~nal
St;oke Signal
}1es s Kit
Alcohol Brassing Torch
Ship godel (Careo S~i~)
Photograph, USS NEW YORK and
USS BROOKLYN
Photographt Battle of Manila
Photographst Na~J 2nd Class
Photographst Dis~atcht Atlanta
Yorktown
Photograph, Aerial Viewt PSNS
EI1!/, n e..
1
1
1
1
1
1
1
Vim. F. Hilligan
Admiral Buss
Unknown
~::rs. lIm. :Rowe
t~rs. WLl. Rowe
l;elle Klir,a5
Nelle KliLas
1
1
1
1
1
1
1
1
1
1
1
1
Nelle Klimas
Nelle Klimas
Nelle Klir.:tas
Safety Dept., PS!JS
Clyde R. Dickenson
P.AD/I-; Bledsoe
Bangor, NAIl
Bangor, r:AD
Dale Colton
E. D. ;,'105s
Apprentice School
;,lariners Huseum
1
6
3
Hariners ~;Iuseum
Mariners Huseum
~.1ariners 1,Juseum
1
I
PSNS
Af/' (~ni{~ G Sr.: h OL~ I
-3-
STATUS
Gift
"
"
"
"
"
II
"
"
"
"
"
"
II
"
"
"
"
II
"
"
"
"
II
"
"
II
"
"
"
"
"
"
"
"
"
"
1I
"
"
"
"
"
"
"
"
I'
VALUATIOR
$ 1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
,1.00
1.00
40.00
10.00
1.00
1.00
5.00
25.00
1.00
1.00
100.00
100.00
1.00
5.00
1.00
1.00
1.00
2.00
2.00
5.00
2.00
2.00
2.00
2.00
1.00
1.00
,.00
1.00
1.00
1.00
1.00
50.00
,.00
5.00
5.00
5.00
5.00
COtJ'NT
MBER LaC. Q.UAN .
7.
.8.
9.
o.
4.
l.
3.
Lib.
Lib.
CE
Lib.
Lib.
Lib.
Lib.
7.
:6.
;8.
'9.
'0.
'9.
12.
'6.
.6.
.8.
.9.
~o .
34.
15.
16.
;4.
~9 .
)0.
n.
Lib.
L
L
L
L
cw
Lib.
Lib.
Lib.
ST
Lib.
Lib.
Lib.
Lib.
Lib.
Lib.
ST
NE
ST
Lib.
ST
Lib.
HC
NC
HC
NC
HC
ST
ST
Lib.
)2.
)3.
)5.
)6.
)7.
)8.
)9.
1.2.
L3.
~4.
L5.
16.
ST
ST
Lib.
L 7.
L9.
21.
25.
30.
31.
30.
38.
~o.
NW
ST...SW'
Lib.
Lib.
Lib.
Lib.
ST
SC:I21ULE 2 (Co:Jt.) (
LIST OF ITE1:S IN 3RD!ERTON NAVAL SHI?YA.7{D l-IIJSEUM
ITDl DESCRIPTIon
1
1
1
1
1
1
1
Photograph, B~emers Point
Photograph, USS OREGON
Radio Tube
Photograph, PSNS, 1922
Frar:led Picture, Queen Ha...'7
Frar:led Picture, San F~anci8co
Framed Picture, New Bow on Ship,
PS~~S
1
1
1
1
1
1
2
2
1
1
1
1
1
1
4
1
1
1
1
1
1
3
1
1
1
1
1
1
1
3
Framed Picture, USS P-AlTGER
Fr ame
Franed Picture, USS KEARS~~GE
Fr~ed Picture, Brazilian Vessels
:ramed Picture, USS WASHINGTOn
Po~c1: Light
Plaques
Photographs, USS FSEELAlICE and
FrRmatl Bta~e, Ship Irish Trader
Time Clock
Framed Picture, War Gang
Fr~ed Picture, Ball Players
Photog~aph, Chief Turpin
Fr~ed Scroll, USS LOUISVILLE
Phonograph Records
Framed Picture, USS PENNSYLVA-~IA
Japanese Plaque
Ships Wheel
Ships Propeller
Picture, Older Leading ~';en of PSNS
Browne Diving Lung
Coat, Hat, Umbrella St and
Torpedo
Depth Charge Projector
Nine Assembly
Torpedo Director
Hachine Gun Part
Wattmeter for Alternating;~urrent
Wattmeter for Current up to 200V
Pictures, CAPT W. T. Claverias,
Di ck Turpin, US;) on USS :.fAIN
Azimuth Circle
Leaflet
Slide Rule, Drafting Tools, Ink
Bottles, Ink Stand
Cedar Chest from USS NIPSIC
Planimeter in Box
Pi ct ure of USS ENT~PRISE
Picture of John Paul Jones
Frm.ed Flag
Calendar, USS SA-~TOGA
Dictaphone Transcribing Machine
1
1
9
1
1
1
1
1
1
1
-4-
DONOR
STATU"S
Unknown
Unknown
LTim Creek
Shop 972, PSNS
Shop 972, PSNS
Shop 972, PSNS
Shop 972, PSNS
Gift
"
"
II
II
"
"
"
Shop 972, PSNS
Shop 72, PSNS
Shop 72, PSNS
Shop 72, PSNS
Shop 72, ;:,sns
Unknown
Production Office.PSNS "
Os c ar Roloff "
Unknown "
Unknown "
Shop 38 , PSNS II
Shop 38, PSNS "
Unknown "
Unknown "
Unlmm.m "
"
It
"
"
II
"
"
LCDR J. ~. Eptland
Shop 72, PSNS
PSNS
Shop 72, PSHS
USN Res. Training CorDS"
. "
Power Plant, PSNS
Supply Officer, PSNS
Supply Officer, PSNS
Supply Officer, PSNS
Supply Officer, PSNS
D. J. Fox
ShOD 51, psns
Shop 51, ps:m
!-Irs. Fay ':'urpin
"
"
"
"
"
"
II
II
"
II
II
Shop 67D. PS:IS
Frederick V. l.:ancourt
Public Works Dept.
"
"
"
Alfred B. Richards
Paul E. I{erner
lJSD, Seattle
USS Parsons
Unknown
Unknown
Unknown
"
"
"
"
"
"
"
VALUA'I'1m
$ 5.00
5.00
2.00
2.00
1.--
1.00
1.00
2.00
5.00
2.00
2.00
I.--
LaO
2.00
1. 00 e
2.00
175.00
1.00
2.00
1.00
2.00
1.00
10.00
25.00
25.00
1.00
1.00
75.00
5.00
1,000.00
800.00
2,000.00
800.00
1.00
10.00
10.00
1. 00 e:
1.0C
1.00
1. 00 e:
100.00
5.00
1.00
1.00
10.00
2.00
25.00
CCOUNT
UMBER
41.
42.
43.
59.
60.
65.
75.
76.
78.
79.
,80.
:81.
;94.
;95.
;96.
;97 .
;98.
'00.
'01.
'02.
'03.
~05 .
r06.
(29.
:30.
134.
135.
136.
137.
138.
139.
r40.
,41.
T49.
750.
751.
752.
795.
797.
798.
799.
800.
LOC.
ST
ST
Lib.
Lib.
Lib.
Lib.
ST
ST
ST
ST
ST
ST
L.
SW
L
ST
ST
ST
ST
ST
ST
ST
NVl
Lib.
Lib.
NC
NC
Lib.
ST
Lib.
ST
ST
ST
Lib.
~1E
ST
Lib.
Lib.
Lib.
Lib.
Lib.
Lib.
QUAlr .
3
1
16
11
2
("
SC~~ULE 2 (Cant.)
LIST OF ITEr.1S IN BRD.fERTON NAV fJJ.., SHIPYAP..D l-fL]SEUr.1
ITDl DESCRIPTION
1
1
1
1
1
1
1
1
4
1
Dictaphone Machine
Dictaphone Shaving t.~achine
Life and HistorJ of USS NEVi YORK
Picture 'W-i th Frame, USS BEAR
Picture, Bon HOIDTIe Richard
Framed Letter
Miscellaneous Parts
Miscellaneous Bullets
Japanese Bullets
Unidentified Chisel
Small Pike Without Handle
Spikes
Fr aoe
?ictures, Ships Built in PS
Frame
U. S. Flag
Union Jack
Dictaphone Electric Speech
Recorder
Sets of Dictaphones with Case
Box of Dictaphone Slides
Photos Showing Cable in a Noose
Brass Shell Casings
Surface Coating, Wood Flight
Decks (Photos)
Picture, Carrier Re~air Site,PSXS
Sign, U. S. Ammunition Depot
Japa.'1ese Shells
Japanese Explosives
German Clock
Part of }.~ess Kit
Hirror
Gas Nask & Case
Wooden Case
Hand Grenades
Frar:.ed Paper on USS I:A.INB.
Shoe Rest
Foreman and Supervisors Plaque
Spike
Legilation (Framed)
Plaque (Naval Vessels)
Plaque (Savings Bond Award)
Plaque (UGN Award)
Japanese Copper Coin
1
1
1
3
3
1
1
1
1
1
2
1
1
1
1
1
1
2
1
1
1
1
1
1
1
1
1
-5-
DONOR
Unknown
Unknown
Unknoiorn
Unknown
USS PAJ\SONS
Unknown
Unknown
Unk.:lOwn
Unknown
Unknown
Unknown
UnY-Down
Stan Clarke
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Un.."k:.nown
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Unknown
Un.."k:.nown
Unlr-Dmffi
Unknown
Unknown
Unknown
Unknown
Unknm....n
Supply Department
Unknown
Unknown
Timothy Westmiller
STATUS
Gift
II
"
"
II
II
II
"
II
It
II
11
II
II
II
II
"
II
"
"
"
"
"
"
"
"
"
"
"
"
"
"
II
II
II
"
II
"
"
"
"
"
VALUATION
$ 15.00
10.00
3.00
5.00
10.00
2.00
1. 00
1. 00
1. 00
2.00
1. 00
1. 00
10.00
10.00
1.00
10.00
2.50
15.00
3.00
10.00
10.00
2.00
5.00
1.00
10.00
1.00 "
1.00
1.00
1.00
10.00
15.00
1.00
5.00
1.00
1.00
1.00
2.00
1. 00
2.00
1.00
1.00
2.00
801
802
805
806
807
808
811
813
814
818
822
825
826
827
829
833
834
836
837
838
839
841
842
846
851
854
858
859
860
862
871
873
875
876
877
890
893
894
896
898
899
900
Lib.
St.
St.
NE
NC
St
NE
Lib
ST
CW
Lib
Lib
Lib
Lib
Lib
Lib
Lib
St
ST
Lib
SW
SW
ST
ST
ST
Li??
Lib
st.
St
St
St.
Lib
Lib
Lib
Lib
Lib
St
St
St
St
CW
St
Lib
NW
11
909 St
915
918 Lib
934 ST
935 Lib
939 Lib
940 Lib
944 Lib
978 St.
982 Lib
998 Lib
s~)'-"-C- ~-~
-,
'--
BrCNvTI snuff box
warspite plaque
U.S. flag from OP~N
Model USS KINS
Japanese sword
Pony snov.' shoes
Mcxlel USS BlJR'IDN ISlAND
picture PSNS 1960
34"x57" 48star flag
Union jack 36" x57"
Service award pins
Photo-US Fleet,1925
Photo-USS Chicago
USS NEWARK
Photo-USS CONSTELLATION
Japanese shot from 1 eg
Photo-Monongahela
Eagle from flag staff
portablee lectric cooker
LiJ:::erty card - IRIQUOIS
Model of shipyard
Capstan
Vietnam boat
Vietnam fish trap
Plastic ship models
Cormnissioning PUGET SOUND
Photo - ENTERPRIZE
Plaque-Camp Craven
Woeden sign
Bamboo Hard Hat
3 plaques-2 mallets each
picture-aircraft carrier #10
picture USS CCX)NTZ
Picture Rat firing
Picture-DLG 8 rrodel
" "9 II
Pair Epaulets
Cormniss. Pennant New Jersey
Ensign USS NEW JERSEY
Cannonball
Brass bowl -Bennington
Plastic ship model (4)s
64 framed pictures
12" II
II
"
Pres. Unit Cit. flag
Azimuth Circle
2 star flag -NEW JERSEY
Souvenir plank- ST PAUL
Plaque- ST PAUL
Bluejackets Manual
It II
Guadalcanal Merrory Book
Supply Off. Uniform & cap
Souvenir Key Louisville
Plaque Bon Hamre Richard
(
W. B.Hevvse
F.s.Dearing
Reserve training crr-J.
Lcdr. Van Lirrburgh
C.O.Hill
PSNS
Paul Davis
Public works dept.
USS HENRI CO
" "
John Schmidt
D. Consolletti
D.O. Smith
Naval Supply entre
II " ..
N.R. Dawson
Preduction Dept.
CO-PSNS
Adm. Petrovic
.. "
.. "
fiirs Jensen
Thornton
II
Public WOrks
CO BENNIN3TON
Sterling Alquire
Public Works, PSNS
II
Dona.ld Knutson
PSNS
II
PSNS
Mrs MacKan
Nrs.J. Weidman
C.O.
2.50
1.00
2.00
2.00
1.00
1.00
1. 00
1.00
1.00
0.25
1.00
0.25
2.00
0.25
200.00
50.00
200.00
1.00
2.00
1.00
20.00
1.00
1.00
30.00
1.00
2.00
2.00
2.00
2.00
15.00
1.00
5.00
1.00
25.00
8.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
0.50
s'c \.~6:..L~_ ~ (
1007 St Ash tray KEARSARGE LCOL Wilcox 0.50
1017 ST Shells, cererronial firi.ng H.H. Black :NV
1022 Lib Photos Adm. King ar.d Sword Mrss Kokko 1.00
1026 St Calkers tools C.E. Benski.n 10.00
1030 Lib 10 plaques Mrs Beck 15.00
1040 St Plaque- KI'ITY HAWK H.R.Johnson 1.00
1049 Li.b 4 pics Stfu'1 Napora 8.00
1051 Li.b 2 poster boards onsubs C.O. PSNS 10.00
SW 1 tl tl tl " 5.00
1056 Lib 22 photos PSNS COso PSNS 11.0
1057 CS Framed flag USS ENGLAND C. O. EN3I.AND 5.00
1061 St Flag- USS WYFFELS S.M.Rogan 1.00
1065 Lib Sketch from ARIZOW. Mrs Flynn
1066 Lib Louisville Xrras card fram2d "
1071 Lib Plaque -USS RANGER CO RANGER
1078 Lib BIKINI pictures Donald Green
1079 NE Model USS CONSTITUTION Keith Miller
1080 Lib Oil can unkno,.m
1082 St. Cannon Ball R.E.Jenson
1086 ST Pickling Ki.t John Grimn
1087 SC USS BORDEIDN Unkno,.m
1088 St. Model of sub entering PSNS R.E.Linkletter
r
\
SCHEDULE ..,
j
; LIST OF ITEr.iS HI BREMERTON SHIPYARD
NAV/\L
CCOUNT
UMBER LOC. QUAlI . I TEt.~ DESCRIPTION DONOR STATUS VALUATION
-
1. L 1 Pi ct ure of Naval Ships, 1893 Homer n. viallin Loan $ 5.00
2. L 1 Picture of Destroyer at Sea " " 10.00
3. L 1 Picture of Naval Ships, 1893 II " 5.00
4. L 1 Pi ct ure of Naval Ships, 1893 " " 5.00
5. L 1 Picture of Naval Ships, 1893 " II 5.00
6. L 1 Picture of TT c: C:'h' 1893 " " 5.00
u. ~. ~ul:rS,
._7. L 1 Picture of Naval Ships, 1893 " " 5.00
9. L 1 Picture of Naval Ships, 1893 " " 5.00
10. L 1 Picture of Nav"al c' ' 1893 " " 5.00
L..'r..lps .
11. L 1 Picture of IT ava1 Ships, 1893 " " 5.00
12. L 1 Pictill"'e of Naval c' . 1893 " " 5.00
unlps,
13. L 1 Picture of Naval "''h' 1893 " " 5.00
O..lpS ,
14. L 1 Picture of Ships, 1893 " " 5.00
15. L 1 Picture of ~; aval Ships, 1893 " " 5.00
16. ... 1 Picture of Naval Ships, 1893 " II 5.00
L
17. L 1 Picture of Naval Ships, 1893 " II 5.00
18. L 1 Picture of Naval Ships, 1893 " II 5.00
19. L 1 Picture of Naval Ships, 1893 " II 5.00
20. L 1 Picture of Naval Ships, 1893 " II 5.00
2l. L 1 Picture of Naval Ships, 1893 " " 5.00
22. L 1 Picture of Naval CO'h . 1893 " 1I 5.00
.......lpS ,
23. L 1 Picture of Naval Ships, 1893 1I 1I 5.00
24. L 1 Picture of Naval Ships, 1893 1I 1I 5.00
25. L 1 Picture of Naval Ships, 1893 " " 5.00
26. L 1 Picture of Naval Ships, 1893 " " 5.00
27. L 1 PhotograJ'lh of USS OL~1PIA " " 10.00
28. L 1 Photograph "Group of Sailors" " II 10.00
30..00 L 1 Photograph "Group of Sailors" " II 10.00
3l. L 1 Photograph of USS OLTI:PIA " " 10.00
32. L 1 Drawing "Revenp;e It " " 5.00
33. L 1 Dra....ing "The Great Har~T" " " 5.00
34. L 1 Drawing ii:.1ayflower 1\ " " 5.00
35. L 1 Drawing "ENS :Victory" " " 5.00
36. L 1 Dra....ing "Santa ;.laria" " " 5.00
37. L 1 Dr awing ",.; ar ship at tine 'of " " 5.00
King Henry III
38. L 1 Dra....ing "The !:attr:e',," " " 5.00
39. L 1 Drawing "Viking c:.... . 10th Centur,r" " " 5.00
..,..J..p
40. NW 1 Picture "Battle of Santiago" " " 5.00
41. L 1 Picture "The Great Fleet entering " " 5.00
Sydney Harbor, 1908"
42. L 1 Picture "The Atlantic Fleet" " " 5.00
43. L 1 Picture "US FRIGATE CONSTITUTION and II " 5.00
Fleet"
1.1. T 1 '0"; ,,4-"1'_.0. "US FRIG4~.TE CONSTITUTION" " " 5.00
44. .u . ..L\...I"io""'--i. '\.,..
45. L 1 Picture "Surrender of the Geroan It " 5.00
High Se as"
46. L 1 Print, ;/1embersr.ip Certifi-cate " " 5.00
47. L 1 Picture of Old Sailors 1888-1948 " II 10.00
J-.. r t c..tu.r <- tv' a \J cd ~h ,'t s 1'8'1!:> . , I, ,. 0-;)
g I Of
-1-
<\cCmJNT
~JMEER LOC. Q,UAN .
48.
49.
50.
51.
52.
55.
56.
51.
58.
60.
61.
62.
66.
103.
104.
107.
u108.
109.
110.
111.
112.
113.
119.
123.
124.
125.
132.
135.
131.
15l.
152.
154.
155.
158.
159.
161.
162.
163.
164.
165.
166.
168.
170.
172.
173.
174.
175.
10 'L
L
L
L
L
L
NE
ST
NC
ST
NC
NE
NE
L.
ST
L
SW
SW
Lib.
Lib
SW
L
L
ST
NW
L
NE
N,C
ST
ST
1TW
NYl
L
ST
NC
NW
ST
NE
Lib.
NW
NE
ST
Lib
NC
ST
L -
NE
NW
k
1
15
1
1
1
1
1
SCHEDuLE 3 (Cont.)
(
LIST OF I':'Ei:: Hr BREl.1ERTON NAVAL SHIPYA.,m
IT~: DESCPIPTION
1
1
,
....
1
1
1
1
1
1
1
1
1
1
1
1
1
4
1
1
3
1
1
1
1
1
5
1
1
1
1
1
1
1
1
1
2
1
1
2
1
I
China Plate 1'7heelock
China Dish
Tapestry From Orient ..
Philippine Wearons and Pipe
Model Japanese Battleship
Sofa USS OLY1!PIA
World Globe 1900
Steam Engine l':odel
P1a~ue - Louisville
Deck Chair. A~ira1 Dewey
Wooden Block USS CO~STlTUTIOTI
Table. USS AGUSTA
Plaque
Figure &: Stand. Charcoal
Christening Bottle
Cornbread P1a~ue
High Bells from USS NITRO &: PYRO
Hetal Plate
PLl.;"tl;"~ -lJ.c~,t<r... H<.',ltrI" ..
-2-
DONOR
Homer N.
"
Vi allin
"
"
"
"
"
"
"
"
"
"
"
"
STATUS V_~UATION
George Munro
I.IT . Tostenrude
Bureau of Ships
Bureau of Ships
Homer N. 1,-1 a11in
~Iomer N. Wallin
Public Works. PSNS
C. W. Zahller
C. 1-1. Zahller
George :V. J3rooke
Homer N. I;allin
W. Franklin L~~on
LCDR R. C. Limburgh
Ad:niral Bledsoe
George E. Tene;e
George E. Tenge
H. B. Garrett
H. B. Garrett
H. B. Garrett
O. R. Irrgang
Naval History
Naval History
Naval History
Naval History
Ihval History
Naval History
1Taval History
Naval History
Naval History
Naval History
Naval History
naval History
Naval History
Naval History
c... T P.dh"-^
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Office
Loan
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
$ 5.00
5.00
5.00
5.00
5.00
1.00
1.00
1.00
1.00
'1.00
1.00
1.00
2.00
1.00
"
1.00
10.00
3,000.00
3.000.00
1.00
1.00
500.00
10.00
10.00
10.00
5.00
10.00
20.00
30.00
Picture "The Thetis"
Picture "CONSTIT"UTION &: GUERRIEPE"
Drawing HUSS liava1 Vessels"
Picture of US Naval Vessels
Print liThe Laws of the Navy"
Section of copper bolt from USS
~IGATE CONSTITL~ION
Naceplate from Jap~~ese Destroyer
Japanese PJticles
Japanese Flag from Submarine
Wooden Japanese Practice Sword
Package of Japanese Cigarettes
Steering 1-7heel froQ Japanese Subnarine
Picture, liThe t.merican Frigate
President Commodore Rogers"
Grate Bar Pattern 1I0regon"
Painting "USS EREtltERTON"
Ship }1odel "NAUTILUS"
Model "psnslt
Souvenir Bento Coin
He1ding Rod
Repeater Fire Alarm
Photograph USS }~01iICAN
Photograph USS inSCO~TSIN
Piece from "Akron"
Fancy Knot Works
Oil Painting USS y,TASHINGTm:
Eodel Ship USS KEIG
Items Pertainins to Ja?anese
SaIUurai Sword
Piece of Diamond Plate
Hook fron Deck House Wfu~SPITE
"
"
"
"
"
"
"
"
1.00
1.00
1.00
2.00
10.00
10.00
150.00
25.00
15.00
100.00
10.OC
50.00
25.00
15.00
20.00
C::I"II"I ()()
/vv......-
"
"
"
"
"
II
II
II
It
"
II
II
It
II
II
II
2.00
2.00
250.00
3.00
N,~
SCHEDULE 3 (Cont.)
(
LIST OF ITEMS IN BR~~TON NAVAL SHIPYP3D
:COUNT
iMBER LOC . QUA.N .
.,..
o.
ST
\4.
l-
;,.
,'7.
38.
39.
iO.
il.
93.
94.
95.
96.
97.
'00.
~04 .
~o8 .
~10 .
~ll.
~12 .
~23 .
242.
243.
245.
246.
247.
248.
249.
250.
252.
253.
256.
257.
258.
-~G6 .
L
ST
ST
ST
ST
NC
NC
L
L
L
L
L
L
CE
NC
NC
CC
ST
L
NW
ST
NE
ST
NE-ST
ST
NC
NC
NC
ST
NC
ST
.lil! c.s
L1:'.
263.
264.
265.
'.). '7 ~
274.
275.
277.
'J..59
~?5"
~t.,g
en
NC
NW
(;e~ c.z..,J
Lib.
NE
CE
hk1
f'/€
S-t
.s.r-
$oN
S.ee. edt.
'J-.11
9-/~
~7q
IT~~ DESCRIPTION
1 Shin Clock
1 Pai~ting "Ark Raleigh"
15 Hand Gr~~ades & Shel1s$ etc.
3 Parts Running Lights
4 Cotton American Flags
49 ~;!ini at ure Herchant Ship ~.iodels
2 Swords
1 Japanese Sword
1 P1:otograph
1 Painting "John Paul Jones II
1 Photograph USS CONCORD
1 Photograph USS PETREL
1 Photograph USS DETROIT
1 Builder Plaque USS NITRO
1 Ship Model USS RICill~OND
1 Gyro Japanese Torpedo
2 Torpedo & Cart
1 Hodel USS HANCOCK
68 Sea Shells
1 Picture on Cardboard Backing
1 !.!odel Picket Boat
1 Pro Snow Shoes for Shetland Ponies
1 ~.iodel USS BURTON ISLAlTD
12 Forty ~.M. Shells
5 Bombs
2 Brass Casings
1 Pro.j ectile
3 Proj ectiles
1 Amnunition Display Board
1 2.75" Rockets
1 Japanese Torpedo
13 Trophies
Trophies and Cups
e~ ~"'J.vLv~-:o:": ~:,1J.';:), ~1_1l-';::l lJ.a.iUC;:' fuJ.
~-:8.J.~.....u
1
1
9
Ship ~!odel USS :vlIDHAY
~ode1 USS ENTERPRISE
W'Tcoff Memorials
;t;u'....tF'~.""- \..1'>..$ 6r<GHeR.,OAl
Pictures
Electric motors
Albritton Hodel
fhC"t" KI Nr.,=\Sl+c r<
f.1 0 del U 55 e. u R..IOI\J ;rSl....PJN'p
P(o..ifU.(t.~U5.s NewJ~RSe1
$:hJl.. c.CI.'~It;\>~
J) l 01'1 (\ ~ l+e\~.....-i
.::(t.cw.s fV<"l't'-. U.<; L yE~TPt
9
2
1
I
-3-
DONOR
STATUS VALUATION
Naval History Office
Homer N. Hallin
N. J. Randall
Naval History Office
"
"
"
"
"
"
"
"
"
"
Bureau of Ships
Admiral Bledsoe
Keyport Torpedo Station II
Bureau of Ships "
Bill & Silvia Stotts
Dist. of Public Horks "
Eill Chandler
Charles O. Hill
"
~T a val A1:Inuni t i on Depot "
" "
"
"
II
"
II
KeYJlort Naval Station
Shop 38~ psns
Historian's Office
., ~ "t S---
Lava.lL. ",Lu.l.J~ II;.I
v; ashinf.'t on ~ D. C .
Bureau of Ships
Richard 1:adden
Kitsap County Hist.
l1useUI:l
Chamber of COllIDerce
Production, PSNS
l.lanchester Fuel Dept.
N.t"c./ ,.J.if (1ft'~4
c:.,\tc.1\es H-l\\
T: J. -u., "" (\ tt, ,...,
I.
/ll ,t4 Ip
/.
II
II
II
II
II
II
"
II
$ 15.00
10.00
10.00
2.00
20.00
3.00
20.00
15.00
2.00
19.00
2.00
2.00
10.00
3.00
28,000.00
5.00
1,000.00
'T3~432.00
2.00
1.00
5.00
5.00
15.00
34.00
10.00 e~
2.00 e;
5.00
2.00
15.00
7.50
1,000.00
10.00 e
25.00 e
1.00 e
II
II
II
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
"
II
"
"
II
"
25,000.00
15.00
91. 00
II
II
100.00
I,
u.. <'-()
I. l7i)
J.
~~, <--." ~
-..=::r~~ ., 6'~' ~ ~-.:>
"
273 USS BREMER'ION items
ab 2lx>a t oar s
c trophy case
d hand telephone
e dummy drill projectiles
f II II "
g wheel shjps helm steer.
h wheel ships aft. steer.
i-l 4 portholes
m Board vertical plotting
n " horizontal "
o Annunciator EOT
p Compas s, rllagneU.c
q Quarterdeck bell
rstu- 4 lifebuoys
v Battle lantern
w " "
x Engineering plaque
y Builders plaque
z Chnorreter, Mark 3pend..
aa" "
ab" "
ac " tube type
ad Barometer, aneroid
ae Bugle
af Bugle
Board, shjps narre
ah Navigation lights
ai Gyro-repeater compass
aj Contact maker gen. alarm
ak" chern."
al Binnacle stand
am Magnetj.c compass
an pelourus stand
ao Gyro repeater compass
ap Shoulder insignea patches
aq-as 3 books, small boat
at boat anchor
au Lot 1 ine ffi:milla 8"
av chart ruler
aw " "
r
\
"
Storage
Cente~so~th
storage
"
"
Northeast
"
Storage
"
"
Northeast
Storage
"
Northeast
Storage
Northeast
Storage
Northeast
sent to sub
Storage
Southwest
Storage
Northeast
Storage
Northeast
Northeast
Storage
"
Libr ary
Northeast
Southwest
Storage
s~'-"-~~
r
L279 Iteems taken from USS DELTA
a. Binoculars with case
b Alidale Telescopic Stad:i.meter Storage
c Spyglass
d If'.fra-red viewing set Northcenter
e Silver Ig. therrros water pitcher Storage
2 cof fee servers "
tea pot "
large tray "
10" deep bowl "
2pc. gravy boat "
sma 11 pitcher "
8" shallow bowl "
10" rectangle bCMTl "
" creamer "
" 9" bread di.sh "
11 12" bread di.sh "
sma 11 tray "
2 sma 11 round bCMTls "
1 3" high bowl "
sma 11 creamer "
condirrent server "
2 glass salt shakers "
China 7 plates "
11 8 saucers "
" 7 cups "
" 2 knives 11
11 4 forks 11
" 7 spoons "
iS~~ .:s
I
(
In addi.tion to the items on Sched.ules 1 tltIou'Jh 3 there are in t.n.e MU.seum -3.
number of i terns on which there were no i.dentifying numbers. These incl ude:
26 pictures and posters in the Library
trunk with a Lt jgs uni.forrns, 2 blue, 1 gray and a bridge coat
control wheel port steering engine
control wheel starboard steering engine
throttle valve wheel
a huge flag with "Mare Island" as only identification
Silk peTh'1ant with "Bureau of Ships" embroidered
Si lk pennant with 1776 embroidered
There are also a number of items on loan from the Historical SeJCiety.
These are
Loan 265, Wyckoff items on display in Nort-....hwest room
Model of TITANIC on display in Center East secti.on
pattern for Wyckoff Memorial at end of Pacific Avenue
metal sign from FLEETS INN
about 15 framed pictures in Library
. 1- _
SL~~ Lf
LIST OF ARTIFACTS AND ARCHIVAL I\~ATERIALS AT THE BREMERTON NAVAL
MUSEUM (BNM) THAT BELONG TO THE KITSAP COUNTY HISTORICAL SOCIETY
(KCHS)
A preliminary review of the KCHS records and items on exhibit at the BNM indicate
there are a number of items that are the property of the KCHS on exhibit at the BNM.
Some of these items are on documented loan and others may have been informally
loaned as a result of the former staffing of the BNM by the KCHS. A thorough review of
the KCHS and BNM records and current collections at both museums will be required
to compile an accurate list. The "GAil prefix numbers in the following list identifies the
accession number of the KCHS. The ilL" prefix numbers we believe are BNM numbers.
The preliminary list of KCHS items which are or may be at the BNM is as follows:
Admiral Burwell effects:
photographs GA 65-5.1, 56.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, and 5.10;
death certificate GA 65-5.12;
tunic GA 65-5.13;
wardroom silver GA 65-5.14.
Wycoff collection:
epaulets GA 53-17.1 L-265B;
(4) badges, shoulder boards GA 53-17.2;
(4) metal fasteners GA-53-17. 3;
(5) brass buttons GA 53-17.4;
drawing of mast and rigging 1864 GA 53-17.6
chief of staff arm brassard GA 53-17.7;
photograph of Wycoffs headstone;
granite chips from Wycoffs headstone;
photograph - newspaper clipping of Lt. Wycoff;
historical map of Kitsap County;
photograph L-2651
photograph of Nipsic GA 52-38-3
USS Oregon small ship's bell, GA 70-67, #88-1220
Dry dock timber dated June 1965
4~~~orr.ge3.[~G~efJ:Zls~F1S)
Metal plate from Manila #L-175
World Globe 30" #L-161
USS Cavalla (SSN 684) model
USS Missouri (BB 63) model GA 68-53
Wood from keel of Old Ironsides GA 58-48.3
Woodwork from Nipsic wardroom GA 089-920.3
Piaque patiern, keel laying U.S. Cruiser No. 28 GA 69-30.1
Plaque pattern, USS Biscayne GA 69-30.2
~~T
Plaque pattern, In memory of Gibson, Music and Ie USN lost 1938 GA 69-30.3
Photographs:
Yeomanette 1918;
Officers and wives PSNY 1906;
Officers in front of Bldg. 50;
U of W students/Admiral Burwell;
Primary school students/Admiral Burwell 1906.
Costumes:
black brocaded, jet bead trim GA 70-59
GA 68-24.7
GA 56-26.4
yeomanette uniform GA "68-57.1
Moran's;
blue chiffon scarf;
girl's woolen dress;
baby's.
-~-
:;J~&~
--
~
~)
~ /7 /I .--
I _ / // '\
I {:/. v /
\ c(~ cfrP-
-----
ADMINISTR-\TIVE SERVICES
:239 4th Street. Bremcrton. WA 98337 . (360) 478-5:290 . FAX (360) 478-5:200
October 9, 1997
1. E. Pickenpaugh
Loan Officer, U. S. Navy
Department of the Navy
Naval Historical Center
Washington Navy Yard
901 M Street SE
Washington DC 20374-5060
RE: Historical Properties on Loan to the City ofBremerton
Dear Mr. Pickenpaugh:
The following items have been displayed with dignity and maintained in good physical condition
by the City of Bremerton.
Ship's Anchor and Chain (09/BH/3214) are displayed at Hal's Corner.
V Ship's Bell (09fBH/3167) is displayed at Bremerton Naval Museum.
Propeller Ship's and Blades (09fBH/3521) are displayed at the Kitsap Regional Library.
3 Pounder Saluting Guns (10/2/62) are displayed at Evergreen Park.
\/' Mark III Pendulum Type Inclinometer from USS Bremerton (CA 130) (1945-1973) is
displayed at the Bremerton Naval Museum.
P1:ch
Encolsure
(1) J
S~~u-i~
"
l
V
CONTR:\CT N00024-69-C-0055
Supplement No. 29
Pursuant to Special 'Provision Number 1, Contract
N00024-69-C-OOSS is hereby extended for a one year period
begirining 04 June 1998 and ending 04 June 1999.
All other terms and conditions remain in full force and
effect.
FOR THE UNITED STATES OF AMERICA
BY:
Captain, USN
Director, Congressional and
Public Affairs, Naval Sea
Systems Command
DATE:
FOR THE CITY r;zr~F MERTON
_n ~ J ~I
lJr: .XI .
TmE: -~~rr-:~.-
DATE: 67 J-1 / <; f
, I
LIST OF SHIP MODELS ON LOAN:
USS RICHMOND (CL-9)
US5 HANCpCK (CVA-19)
U55 MIDWAY (CVA-41)
UNNAMED (PC)
U55 NAUTILUS (S5N-571)
U55 02 (55)
USS MEDUSA (AR-1)
UNIDENTIFIED (kMMOjOILER)
USS PYRO
USS KINGFISHER
PUGET SOUND NAVAL SHIPYARD
$114,900.00
$395,000.00
$ 38,300.00
$ 15,300.00
$ 11,800.00
$ 4,000.00
$ 4,000.00
$ 2,000.00
$ 2,000.00
$ 2,000.00
$ 3,600.00
DATE SUBMITTED: December 16,2005
BILL # 0 (0 ~. D \ 7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
7:; I-t
SUBJECT: Award Contract for Pacific
Avenue Basin CSO Reduction Storm Sewer
Line - Phase 1.
Committee Meeting Date: January 11,2005
COUNCIL MEETING Date: January 18,2006
Department: PW & D, Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: Sealed bids for construction of the project titled "Pacific Avenue Basin CSO
Reduction Storm Sewer Line - Phase 1" were opened on December 21,2005. The engineer's estimate
for construction of the project is $240,000. Four bids were received for this project. William
Dickson Co. was the lowest responsive, responsible bidder with a bid of$291,504.40 (including sales
tax). This contract will not be awarded until the subject property is transferred to the City of
Bremerton by the Navy and the EP A has reviewed and approved the lowest responsive, responsible
bidder.
ATTACHMENTS: 1) Bid Tabulation 2) Council Summary
FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a STAG Grant, a PWTF
Loan, and two SRF Loans. The 2006 budget for this project is $805,000.
.0' ~J "". _,
/'~~;7 J /'/ //:1 t:/ ~7 ..--:I)'" j
f ",-;t." {....;-"lp,-4.-r -"" f..>~fl__ .~/ '-'""'",.._J ...,,.,.~..,-..,.
<-.-.-;:-?- ye::c:.;;:-" f ~;
~::.;:::/' ~ >~?7"~;>/~,?./';t't.../:/ff
.e7 -- . '/1' /
RECOMMENDED MOTION: Move to award a contract in the amount of$ 291,504.40 (including
sales tax) with William Dickson Co. for construction of the project titled "Pacific Avenue Basin CSO
Reduction Storm Sewer Line - Phase 1" and authorize the Mayor to finalize and execute the necessary
contract documents for construction subject to transfer of the subject property and EP A approval.
COUNCIL ACTION: D Approve D Deny D Table
ab, Agcnda Bills 2005, Pacific Avc CSO Red - Phase 1
o Continue 0 No Action
PACIFIC AVENUE BASIN CSO REDUCTION
STORM SEWER LINE PHASE 1
Contract Summary
This project is a component of the Pacific Avenue Basin CSO Reduction Plan. This
project is the first phase of the trunk storm sewer line construction and includes
installation of approximately 504 feet of 48" diameter HOPE pipe and three manholes.
The overall plan includes modifications to pump station CE-6, collection system
improvements and installation of the remainder of the new trunk storm sewer line.
Phase 1 is located within the limits of the proposed Harborside Park which will be
constructed in 2006. Phase 2 of the Storm Sewer Line will be constructed as a
component of the tunnel project.
The pipe for Phase 1 of the Storm Sewer project has been purchased by the City and
will be provided to the Contractor. The actual award of the project is contingent on EPA
approval of the low bidder and the execution of the necessary documents that will
transfer the property from the Navy to the City.
William Dickson Co. was the low bidder at $291,504.40, (including sales tax). There
were four other bids ranging from $320,625 to $424,497. The engineer's estimate for
this project was $240,000.
The construction will be completed within 100 days of Notice to Proceed. The estimated
completion date is May, 2006.
This project is included in the capital projects list for the recently completed rate study,
the current Wastewater Comprehensive Plan, and the CIP.
Fiscal Summary
The 2006 project budget is $805,000 for design and construction and is being funded by
an EPA STAG Grant, a Public Works Trust Fund Loan, and two State Revolving Fund
Loans.
PWTF Loan
Loan Amount =
Loan Fee (included in Loan Amount) =
Match Required =
Term =
Interest Rate =
Annual Debt Service (Approx) =
SRF Loan L0300034
Loan Amount =
Loan Fee (included in Loan Amount) =
Match Required =
Term =
Interest Rate =
Annual Debt Service (Approx) =
$4,960,000
N/A
15%
20-years
0.5%
$288,898
$250,000
N/A
0%
20-years
1.5%
$15,000
City oj'Bremertol1
PacIfic Avenue CSO Retluctiol1- Phase J
]aI1IUll)' 2006
SRF Loan L0400003
Loan Amount =
Loan Fee (included in Loan Amount) =
Match Required =
Term =
Interest Rate =
Annual Debt Service (Approx) =
Note: Debt Service assumes utilization of full loan amount.
City of Bremer/on
Pacific A,venue CSOReduc/ion- Phase J
}anll{l/)' 2006
$1,000,000
N/A
1.5%
20-years
1,5%
$59,876
"i "
errv OF eRllgMI!~rQ)N
BID rABtJ:t~110Ni
BID TITLE:-dti -h L Ave ~IL(~/~ C S 0 hrt~hol/O .
5:-foY'W0 sew~ L/Vl€ - fhtt-Se.- ::L
. -
DATE OPENED: ./;(-;</--05
NAME OF BIDDER
B:Of\1D
TIME OPENED: . ;( :0;( f,~
OPE~EO:B')f: ..l1tlJ~.J;k~
REcqROgd By:fu~~:r;k~
i . .
',..'):.
ITEM 1
ITEM 3 .
rfEMi4
. ITEM 5. lTE;M 6
1 !
IT6M2
SALES
TAX .
TOTAL
I
':
. I
I .
;
;
! .
./
"
. ,.
,.
",.:;
,
; .
."j
TOTAL BID
I".
Q;oMMaNims i :
ENGINqrq~ E9Jfl@ATE (11iJC S;A~LES TAX) $
. e?"<20{)() '- c2yP 000, .
A:.,' :.. '. . : "" : .
f -
i