HomeMy WebLinkAbout11/15/2006 AGENDA
FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280
***AMENDED***
NOVEMBER 15, 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
2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED 01\1 FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB06-239)
B. Minutes of Meeting - October 4,2006 (#AB06-240)
C. Minutes of Meeting - October 11, 2006 (#AB06-241)
D. Minutes of Meeting - October 18,2006 (#AB06-242)
E. Minutes of Meeting - October 25,2006 (#AB06-243)
F. Minutes of Meeting- November 1, 2006 (#AB06-244)
G. Minutes of Meeting - November 8, 2006 (#AB06-245)
H. Budget Adjustment related to the Harborside Park Annex Building (#AB06-246)
I. Lease Agreement between City of Bremerton and Bremerton Area Chamber of Commerce
(BACC) for approx. 3000 square feet of office space at 286 4th Street (#AB06-247)
J. Budget Adjustment for Equipment Purchases towards the New Police Building (#AB06-248)
K. Cooperative Purchasing Agreement for Mobile Computer Terminal (#AB06-249)
L. Resolution No. 3014, approving the Transfer of Real Property to the Washington State
Department of Transportation (WSDOT) as part of the Sundry Site Plan for the Bremerton
Transportation Center (#AB06-250)
M. Purchase of Two Vaults from HANSON PIPE & PRODUCTS INC. for Replacement of Vacated Fire
Pump Test Pit at Old Capital Hill Fire Station (#AB06-251)
N. Approval of Utility Easements, Equipment Transportation Agreement, and Schedule 74
Underground Conversion Agreement for Under-grounding of Utilities (#AB06-252)
CONTINUED ON BACK...
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.
6. GENERAL BUSINESS
A. Budget Amendment to Recklssify Parks Dep::lrtment Expenditures from Personnel to Supplies &
Services (1tAB06 253) Item pulled at the request of the Paries & Recreation Director
B. Real Estate Purchase and Sale Agreement with Roberto Victoria for property located at 102 &
108 Oyster Bay Avenue (#AB06-254)
7. PUBLIC HEARINGS
A. Second of Two Public Hearings on Lease Agreement with Claremont East Retirement
Apartments First Public Hearing was held on November 1,2006 (#AB06-234)
B. Public Hearing on Revenue Sources for 2007 Budget and Ordinance No. 4987, levying Property
Taxes for Collection in 2007 (#AB06-255)
C. Public Hearing and Ordinance No. 4988, amending Chapter 3.48 of the Bremerton Municipal
Code related to Business & Occupation (8&0) Tax Exemptions and Tax Credits and Chapter
3.50 related to reducing the Utility Tax Rate for Solid Waste (#AB06-256)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
DATE SUBMITTED: I \!I~/00
BILL # ob - ;J.. 4- 0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
58
........................................................................................
SUBJECT: Minutes of Meeting -
OC-W beAr- 4) ;;).J';] 0 G
Committee Meeting Date: N! A
COUNCIL MEETING Date: N{)VeW\6e..r \,s-, -::Loo ~
Department: City Council'
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held 0 c-\-D6er- .:::.t. 2-00 CO
J
ATTACHMENTS: Meeting Minutes for Oc-W 6€r 4 J J-oo c::>
FISCAL IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERA TIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA ~
,
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RECOIVIMENDED .MOTION: Move to pass the CONSENT AGENDA as presented.
COUNCIL ACTION: !2'J Approve 0 Deny
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[J Continu-e U 1.J0 .Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
wednesday, October 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, October 4, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council
members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd,
Wendy Priest, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich;
Assistant City Attorney Mark Koontz; City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrin~ followed by the invocation
provided by Pastor Dennis Payne of Ebenezer African Methodist Episcopal (A.M.E.) Church.
President McConnell announced that a Pre-Council Session to discuss General Council Business
was held in Council Conference Room 603 from 5:00 to 5:30 PM; and that the order of Public
Hearings to be heard on the agenda was amended.
MAYOR'S REPORT - The Mayor volunteered to eliminate his report due to the anticipated length of
the meeting tonight...
PUBLIC RECOGNITION & ANNOUNCEMENTS
Mike Walton, Marketing Director with the YMCA, provided a monthly report on "Y" activities.
Mike Mecham, City Engineer, welcomed the public to provide their input at an Open House and
Design Charette from 9:00 AM to 8:00 PM on Friday, October 6 in the Meeting Chambers.
Gordy Byrd was sad to report that his wife filed for divorce yesterday.
Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church, appealed to anyone
interested in being a big brother or big sister tb mentor a high school student who has been targeted
as struggling with the WASL to please call (360) 286-9841.
CONSENT AGENDA
A. Check Numbers 311656 through 311754; and EFT-9260 through EFT-9278 in the amount of
$1,364,086.35; Retiree Payroll in the amount of $77,826.43 for the pay period ending September
30, 2006 (#AB06-201)
B. Meeting Minutes - September 20, 2006 (#AB06-202)
C. Meeting Minutes - September 27,2006 (#AB06-203)
D. Appointment of Tanya N. Stansberry to the Bremerton Housing Authority Board of
Commissioners (#AB06-204)
E. Approval of Telecommunications Facilities 5-Year Lease Agreement with TOWER ASSET SUB, LLC
(#AB06-205)
F. Resolution No. 3010 amending Section 2 of Resolution No. 3004 to correct the sale price of
property located between Trenton Avenue and Jacobsen Boulevard (#AB06-206)
G. Resolution No. 3011, updating the Housing Rehabilitation Loan Program (#AB06-207)
There were no comments from the public
05:43:35 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS - There were no GENERAL BUSINESS items this week...
City Council Reg. Mtg. Minutes
Wednesday, October 4, 2006
Page 2 of 6
7A - PUBLIC HEARING ON ORDINANCE NO. 4968 RELATING TO EXEMPTION OF AD
VALOREM PROPERTY TAX FOR NEW MULTI-FAMILY HOUSING IN DESIGNATED TARGET
AREAS {THIS ITEM WAS ORIGINALL Y SCHEDULED APRIL 19. 2006 AND JUL Y 5. 2006; AND
DISCUSSED A T A STUDY SESSION MA Y 9. 20061 (#AB06-083): ROQer Lubovich, City Attorney
stated that in 1995, the State Legislature passed 84.14 RCW that allows cities to create a tax
incentive program to induce development of new, multi-family housing within designated targeted
areas. The incentive in the proposed ordinance is a 1 O-year exemption of all new property tax on
new or rehabilitated buildings that create 10 or more housing units. Andrea Spencer, Interim
Director of Community Development, displayed Figure 3.78, which is a map of the designated
Residential Target Area downtown that shows the area eligible for exemption.
Ms. Johnston announced that e-mails and letters were received from GUY Stitt, President of AMI
INTERNATIONAL; Elizabeth Wilson, President of KITSAP ECONOMIC DEVELOPMENT COUNCil (KEDC)
Board of Directors; Chris Rafterv, President of M.S. CAVOAD COMPANY; J.J. McCament with
MCCAMENT & ROGERS; Del Knauss; and Jessica Kennedy, Windermere Real Estate. All letters
were made a part of the official record.
Vivian Henderson"Executive Director of Kitsap Alliance of Property Owners, read a statement into
the record to express her reasons for not supporting this ordinance and urged the Council to vote
"No"; or at a minimum to amend the proposal to hold the property owner more accountable during the
annual compliance review, to. require staff to conduct onsite verification every year, and to list
penalties for any abuse of this exemption.
Helen Miller asked if there is any option for enforcement of the requirement for owner occupancy in
the proposed projects. Mr. Lubovich responded that within the definition portion of the ordinance,
there is reference to the exemption to be allowed to owner occupied units only and any units that may
become rentals would be not be eligible for the exemption.
Art Castle, Home Builders Association, encouraged Council to approve the ordinance so that
redevelopment may continue.
VirQinia Starr believed that the proposed projects would fit better in other areas in the City rather
than the Highland and Pleasant neighborhoods.
Ayvon Card emphasized the unfairness of this proposal since the burden of additional residents on
the infrastructure would be paid for by current homeowners.
Mike Eastman, County Assessor's Office, stated that the requirement for owner occupancy is unique
to Bremerton relative to programs throughout the State, and it would be the responsibility of the
Assessor's Office to remove the property from the exempt list once an owner no longer lives in the
unit. Mr. Lubovich stated that the intent of the ordinance is to establish whether a unit was to
qualify for the exemption, not to monitor each unit for occupancy.
Jerrv Davidson asked which Council Members had the single-family homeowner's interest in mind,
and perhaps offer them a helpful tax break.
David Card was concerned that the cost of managing the infrastructure will be unfairly placed on the
current property owners, and believed that the condominiums will sell without the exemption.
Chris Rafterv, M.S. CAVOAD COMPANY, spoke in favor of this proposal which would enable private
investment, allow for the potential for increased revenue in the future, and would mean more home
ownership opportunities available in the downtown area.
City Council Reg. Mtg. Minutes
Wednesday, October 4,2006
Page 3 of 6
Jessica Kennedv, City resident, Bremerton Planning Commissioner, and Designated Broker with
Windermere Real Estate/West Sound, Inc. expressed her reasons for support of this ordinance which
included affordable housing options for younger families.
Mark Huppert provided examples of programs where redevelopment took place when exemption
programs were allowed.
Norman McLauahlin, Executive Director of the KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY
(KCCHA), hoped Council would approve this proposal to allow another component of redevelopment
and further investment in downtown to bring in more residents who will then sustain businesses
downtown.
06:25:20 Main Motion was made as discussion by the Council continued...
Mr. Shepherd expressed three main concerns; the lack of a plan for the downtown area; the potential
for increased volume of traffic; and the enforceability of the owner occupied residency.
6:40:15 A-M/S/C/U (Brockus/Shepherd) Amendment to Main Motion to replace the word "may" with
the word "shall" and remove the language "as determined by the Director" in Item (a) of Section
3.78.110 titled "ANNUAL COMPLIANCE REVIEW'; and to also replace the word "may"with the word
"shall" in two places in Item (b) of the same Section. Amendment to the Motion passed unanimously.
Ms. Priest read a statement to explain why she could notsupport this proposal at this time.
Specifically, she could not support putting development interests before citizen interests, and
emphasized that before such.a conceptcould. be. considered, a sub-area plan must be completed so
that the downtown will redevelop with an identity.
6:50:15 A-S/F (Priest/Shepherd) Amendment that the provisions of Section I and Section II of the
Ordinance would be effective upon adoption bf a Sub-Area Plan and recommendation by the
Bremerton Planning Commission for the downtown core and the multi-family residential zone.
Voted in favor of Amendment: Priest, Shepherd, Robinson
Voted opposed to Amendment: Arends, Maupin, Wofford, Gehring, Brockus, McConnell
Amendment failed: 3-Yes; 6-No
07:25:20 M/S/C (Maupin/Wofford) Move to pass Ordinance No. 4968 to provide exemptions from ad
valorem property taxation for new multi-family housing in designated residential targeted areas of the
City.
Voted in favor of Motion: Maupin, Wofford, Gehring, Brockus, McConnell
Voted opposed to Motion: Shepherd, Robinson, Arends, Priest
Motion carried: 5-Yes; 4-No
At the conclusion of the vote, a break was taken. . .
7B - PUBLIC HEARING TO ADOPT THE 2007 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDING RECOMMENDATIONS (#AB06-208): Betsv Howe of the CDBG Program,
explained that on May 17, 2006, the City Council approved the CDBG/HOME Policy Plan which
outlined the funding allocation process and included CDBG rules and regulations. The Citizens
Advisory Committees (CAC's) have completed their review process and the funding
recommendations on the following pages have been made for your consideration and approval. If
approved, these submissions will be sent to the Department of Housing and Urban Development
(HUD) in the 2007 Annual Action Plan.
City Council Reg. Mtg. Minutes
Wednesday, October 4, 2006
Page 4 of 6
Mike Walton, Board President with the KITSAP COUNTY COMMUNITY DEVELOPMENT CORPORATION
(KCCDC), expressed his disappointment that the City did not continue its support of KCCDC and
discussed loan programs for low income individuals that the agency tries to support.
07:54:35 M/S/C/U (Maupin/Arends) Move to approve 2007 funding recommendations and authorize
the Mayor to execute contracts once all funding has been secured and HUD has approved the Annual
Action Plan.
7C - PUBLIC HEARING TO CONSIDER THE REQUEST FOR ADDITIONAL HOME FUNDS BY
HABITAT FOR HUMANITY FOR PROJECT"NEW HOPE" (#AB06-209): Betsv Howe of the CDBG
Program, summarized that the City accepts applications for HOME funding throughout the year, with
final funding decisions made by the Council. HABITAT FOR HUMANITY is requesting additional funding
for New Hope, an 18-unit project on Arsenal Way. A staff memo with further information is attached.
If approved, additional funding for this project will be added to the City's Action Plan to be submitted
to HUD.
Lori Oberlander, Executive Director with the HABITAT FOR HUMANITY, thanked the Council for all their
past support, and provided a brief update of the project, explaining that construction is expected to
start this year.
Mr. McConnell expressed his concern that Habitat for Humanity was going to receive the majority of
the funding. Ms. Howe explained that no additional applications have been submitted, so funding
HABITAT FOR HUMANITY'S request was appropriate at this time.
07:59:50 M/S/C (Arends/Brockus) Move to approve HOME funding request and authorize the Mayor
to execute the contract once the Action Plan has been approved by HUD.
Voted in favor of Motion: Arends, Maupin, Wofford, Gehring, Brockus, Priest, Shepherd, Robinson
Voted opposed to Motion: McConnell
Motion carried: 8-Yes; 1-No
70 - PUBLIC HEARING AND RESOLUTION NO. 3012 DECLARING AN INTENT TO ANNEX
TERRITORY IN THE TRACYTON AREA OF EAST BREMERTON (#ABO&210): Andrea Spencer,
Interim Director of Community Development stated that the Resolution approves the Petition for
Annexation of Territory by owners of not less than 75% of assessed property value in the proposed
area.
Lisa Mullenix asked what benefit the City would receive by annexing this area into the City. Ms.
Spencer stated that the City would be providing services to this area and receiving taxes, and
following a fiscal analysis, it was determined that the additional property taxes would be a revenue
source to the City.
John Tietien hoped the Council would exclude his neighborhood located between the watershed and
Tracy ton parcel from this annexation proposal.
Mr. Gehrina further explained that annexation would allow residents to have access to enhanced
Police and Fire services.
08:10:35 M/S/C/U (Maupin/Arends) Move to pass Resolution No. 3012 accepting the proposal to
commence annexation proceedings.
City Council Reg. Mtg. Minutes
Wednesday, October 4, 2006
Page 5 of 6
7E - PUBLIC HEARING ON ORDINANCE NO. 4980 ESTABLISHING A NEW CHAPTER 20.12
"LAND DIVISIONS" FOR LAND SUBDIVISION PROCEDURES: AMENDING CHAPTER 20.02
"PROJECT PERMITS" TABLE 040; AND AMENDING RATE TABLE C OF CHAPTER 3 OF THE
BREMERTON MUNICIPAL CODE (#AB06-211 ): Andrea Spencer, Interim Director of Community
Development emphasized thatthe action before the Council is to conduct a public hearing and
consideration of an ordinance for land subdivision procedures, amendments to BMC 20.02 Table 040
Permit Processing Procedures to reflect the new land subdivision regulations, and amendments to
Rate Table C of BMC 3.01.040 to reduce subdivision fees.
Art Castle with the HOMEBUILDERS ASSOCIATION suggested that the current owner (rather than
original owner) be able to file any alteration within five years; recommended that a notarized
statement from the property owner be required at the application stage in order to facilitate the title
report which is usually pulled during the preliminary approval part of the process; also suggested that
lot information be processed at the building permit level, not in public works; further recommended
that the director decide what may be considered substantial in terms of modifying road location to a
plat; lastly, asked that vesting be effective after preliminary approval.
08:18:25 Main Motion was made as discussion by the Council continued... .
08:18:25 M/S (Wofford/Maupin) Move to pass Ordinance No. 4980 to establish a new BMC 20.12
Land Division, to revise BMC 20.02, Table 040 Permit Processing Procedures, and amend Rate
Table C of BMC 3.01.040.
8:21 :58 M/S/C/U (Brockus/Maupin) Move to Table the Main Motion until later this evening.
7F - PUBLIC HEARING AND ORDINANCE NO. 4981 ESTABLISHING A "DESIGN REVIEW
COMMITTEE" AND AMENDING CHAPTER 20.02 "PROJECT PERMITS" OF THE BREMERTON'
MUNICIPAL CODE TO INCLUDE PROVISIONS FOR DESIGN REVIEW (#AB06-212): Andrea
Spencer, Interim Director of Community Development explained that in June of this year, the City
Council adopted the first set of Design Guidelines (for area of Highland & Pleasant Avenue). The
City will soon have building permit applications for this area and the submittals will need to show
consistency with the adopted guidelines. Formal design review will be a critical component of the
building permit review process to ensure that proposed developments are meeting the intent of these
adopted guidelines. The proposed ordinance establishes a City of Bremerton Design Review Board
which will be an advisory board to the Director of Community Development. It is anticipated that the
Board will have increased responsibilities as the sub area planning and the future adoption of area-
specific design guidelines throughout the city continues.
Helen Miller questioned if there would be any enforcement of guidelines. Mr. McConnell responded
yes; and Ms. Spencer added that there will be a series of steps to be followed by applicants during
the permit process even before an architect is brought in to design the project to ensure that the
guidelines are followed.
08:27:24 Main Motion was made and discussion by the Council continued...
Mr. Shepherd asked for clarification on how a sub-area plan and design guidelines fit together. Ms.
Spencer stated that once a sub-area plan is adopted for an area, then design guidelines can be
developed for that area.
City Council Reg. Mtg. Minutes
Wednesday, October 4, 2006
Page 6 of 6
Mr. Brockus asked if projects that are eligible for multi-family property tax exemptions would be
subject to the rules. Mr. Koontz, Assistant City Attorney, responded no.
08:41 :32 M/S/C/U (PriestlBrockus) Move to pass Ordinance No. 4981 establishing a Design Review
Board and amending BMC 20.02 Project Permits to include provisions for design review.
8:42:58 M/S/C (Brockus/Shepherd) Move to bring back the Main Motion Tabled earlier tonight.
Voted in favor of Motion: Brockus, Priest, Shepherd, Robinson, Arends, Maupin, Wofford, McConnell
Voted opposed to Motion: Gehring
Motion carried: 8-Yes; 1-No
Discussion on Item 7E, the "Public Hearing on proposed Ordinance No. 4980" then continued...
Joann Vindinhar addressed each suggestion by Mr. Castle. The language regarding "original
owner" is included to be consistent with the Revised Code of Washington; it is important for the City
to receive a title report at preliminary plat submittal and would allow the applicant to realize any
financial impact to the project; the lot address must be available at the time of the preliminary plat
approval, beforethe building permit stage, and information at. that time is available at public works;
staff would need to justify any changes and recommended not including language "substantial"; and
the timing of. vesting is consistent with state standards. .. ..
08:49:10 M/S/C (Wofford/Maupin) Move to pass Ordinance No. 4980 to establish a new BMC 20.12
Land Division, to revise BMC 20.02, Table 040 Permit Processing Procedures, and amend Rate
Table C of BMC 3.01.040.
Voted in favor of Motion: Brockus, Priest, Shepherd, Arends, Maupin, Wofford, McConnell
Voted opposed to Motion: Robinson, Gehring
Motion carried: 7-Yes; 2-No
President McConnellannounced thatdue to the length of the Council Meeting tonight, "COUNCIL
MEMBER REPORTS" would be delayed until next week's Council Meeting.
With no further business, President McConnell adjourned the Council Meeting at 8:50 PM.
pre~~
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM:PJ:ls:cg
I
DATE SUBMITTED: \D / \\ (00
I
BILL # Oc::; - ;;;.4 /
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5C!..-
.......................................................................8.....8..........
SUBJECT: Minutes of Meeting -
o cA'u \cor \ \ i ')..00 (;0
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
IV fJ/jp flv!.L./.l/"r 1),71-00(,7
# ~ /
City Council
Cecil McConnell,
Council President
(360) 473-5280
Phone:
SUMMARY:
Attached are the meeting minutes for the Council Meeting held 0 c-\-z, berl I \ J ~ (:> <.'c>
A TT ACHMENTS: Meeting Minutes for OcA-z::> b-e,(~- II j d-DO (:?
FISCAL IMPACTS (Include Budgeted AmOlh'1t): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
l\tlAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
,-------~
I .
l CO~SE~T AGENDA [g] I
RECOMMENDED MOTION: ~love to pass the CONSENT AGENDA as presented,
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DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, October 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, October 11, 2006, at 5:30 PM, with Council President Cecil McConnell
presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, and Brad Gehring. 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 Gehrina followed by the invocation
provided by Associate Pastor Bob Westfall of Bremerton First Church of the Nazarene.
President McConnell announced that a Pre-Council Session to discuss General Council
Business was held in Council Conference Room 603 from 5:00 to 5:30 PM; and invited the public
to attend the Council STUDY SESSION in Council Conference Room 603 immediately following the
Council Meeting.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Kurt Wiest, the new Director of the Bremerton Housing Authority, introduced himself to the
Council and looked forward to working with the Council on the Westpark Project.
Jackie Aitchison announced that October is Domestic Violence Awareness Month and that
the YWCA will be observing a "Week Without Violence" beginning Monday, October 16th.
Events include a Survivors Recognition meeting from 4:00 to 5:00 PM on Monday, October 16th at
the YWCA Community Center; a Faith Forum and Workshop on Tuesday, October 17th from 11 :30
AM to 2:00 PM at the YWCA Community Center; a Unity Luncheon from 11 :30 AM to 1 :00 PM at
Mary Mac's Restaurant; a Kids KAMP on Wednesday, October 18th from 11 :30 AM to 1 :00 PM at
the YWCA Community Center; and a Domestic Violence Task Force Summit from 8:00 AM to 4:00
PM at Crossroads Neighborhood Church.
CONSENT AGENDA
A. Check Numbers 311755 through 312009; and EFT-9279 through EFT-9292 in the amount of
$971,073.40; and Regular Payroll in the amount of $643,348.46 for the pay period ending
September 30,2006 (#AB06-213)
There were no comments from the public.
05:33:09 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
COUNCIL MEMBER REPORTS
Adam Brockus announced that the next District 3 Meeting would be held on Thursday, October
26th beginning at 7:00 PM at the Manette Community Church.
Mike Shepherd reported on a neighborhood meeting that he attended and hoped that
improvements in parking management may be made to address the conflict between residents
and shipyard workers.
Carol Arends offered sympathy to the family of Reverend Talmage Wilson of Charleston Baptist
Church after his passing about a week ago, and stated how much the Council appreciated his
service of providing the invocation at Council Meetings for many years.
City Council Reg. Mtg. Minutes
Wednesday, October 11, 2006
Page 2 of 2
Will Maupin attended a Department of Community, Trade & Economic Development Conference
in Olympia a few weeks ago and noted that attendees were concerned over siting of schools, and
explained that there are plans to hold a summit in the near future to address this issue; and
attended a Kitsap Transit sponsored field trip with legislators and officials to observe how the San
Francisco Bay area passenger ferry system operates.
With no further business, President McConnell adjourned the meeting of the City Council at 5:45
PM. The Council reconvened in Council Conference Room 603 for a STUDY SESSION to hear
presentations on upcoming agenda items.
Prepared and Submitted by:
a~... Ma ..
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CHRISTINE GRENIER '
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM:PJ:ls:cg
DA TE SUBMITTED: Dc 10 W d-- 3 ~;)-o (;) G
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 0 6 - d- 4d---.-
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SUBJECT: Minutes of Meeting -
Octobe;y- I g I J-oO(P
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
N bVeJtvlbu- (~l .JOD ~
City Council .
Cecil McConnell,
Council President
(360) 473-5280
Phone:
SUMMARY:
Attached are the meeting minutes for the Council Meeting held Oc...--(v0er (0 I d-c>O ~
ATTACHMENTS: Meeting Minutes for Dew Ioe..-r /101 ;;;Loo (p
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
ESENT AGENDA ISII
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RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented.
COUNCIL ACTION: rg] Approve D Deny D Table
D Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, October 18, 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, October 18, 2006, at 5:30 PM, with Council President Cecil McConnell
presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Adam Brockus, and Brad Gehring. Council Members Wendy Priest and Mike Shepherd
were 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 Gehrina followed by the invocation
provided by Pastor Rick Beaudry of Calvary Chapel.
President McConnell announced that a 10-minute EXECUTIVE SESSION to "EVALUATE THE
QUALIFICATIONS OF AN ApPLICANT FOR PUBLIC EMPLOYMENT" per RCW 42.30.11 0 (1) (g) and a Pre-
Council Session were held in Council Conference Room 603 from 5:00 to 5:30 PM; and Item 6C
will be heard before Item 6B on tonight's agenda.
MA VOR'S REPORT
· Invited Wyn Birkenthal, Parks and Recreation Director presented the Employee of the
Month Award for the Month of September 2006 to Lena D'Aaostino of the Parks and
Recreation Department.
· Met with representatives with Harrison Hospital and hopes that the City can help with
signage issues and continue to support their needs.
· Provided an update on passenger ferry service and future plans that would impact
Bremerton
· Thanked Pam Ransier of Community Development who has volunteered to be the City of
Bremerton's Employee United Way Campaign Coordinator for this year's campaign.
· Was pleased with the progress of the Harborside Park project.
. Proclaimed October 22, 2006 as "Ebenezer African Methodist Episcopal Church 94th
Anniversary Celebration Day' and the proclamation was accepted by Deacon Farrior;
and
· Introduced Joanie Pearson as the candidate for the Arts Commission.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Gordy Byrd asked Council Members to not support Kitsap Transit and any of its proposals since
the service rates have increased and service routes have been decreased.
Ed Pietras of the Knights of Columbus invited Council Members to attend the 24th Annual Italian
Spaghetti Festa which will benefit the Olympic Peninsula Kidney Center on Sunday, October 29th
from 1 :00 to 7:00 PM at the Our Lady Star of the Sea Hall located at 6th & Veneta Streets. The
cost is $3 for children ages 6 to 12 and $6 for adults.
Dianne Robinson announced on behalf of Council Member Mike Shepherd that a Community
Halloween Party will be held on October 31st from 6:00 to 8:00 pm at the Seaside Church located
next to Evergreen Park which will include safe and fun activities as well as free photography.
Adam Brockus invited the public to attend the next District 3 Community Meeting to be held on
Thursday, October 26th at the Manette Community Church located at East 13th Street & Hayward
Avenue from 7:00 to 8:30 PM. The program will include a presentation on "Property Taxes 101"
from Laura Lyon, Financial Services Director.
City Council Reg. Mtg. Minutes
Wednesday, October 18,2006
Page 2 of 5
CONSENT AGENDA
A. Check Numbers 312010 through 312038; and EFT-9293 through EFT-9306; and EFT-9308 in
the amount of $1,162,706.43 (#AB06-214)
B. Appointment of Joanie D. Pearson to the Arts Commission (#AB06-215)
C. Purchase of 4 Traffic Signal Cabinets off State Bid List from CASCADE SIGNAL CORPORATION,
and 4 Traffic Signal Controllers off State Bid List from ECONOLlTE, INC. (#AB06-216)
D. Reclassification of three (3) Firefighters to three (3) Lieutenants (#AB06-217)
E. Ordinance No. 4982, amending Section 2.09.060 of the Bremerton Municipal Code (BMC)
relating to the duties of the Human Resources Manager (#AB06-218)
F. EPA Grant Acceptance for Phase II Environmental Site Assessment of Old Bremerton
Gasworks & McConkey/Sesko Properties (#AB06-219)
G. Bremerton Tunnel Construction Cooperative Agreement (#AB06-220)
H. Sale of Tennis Court Property located at corner of 11 th Street and Warren Avenue (#AB06-
221)
There were no comments from the public
05:48:51 M/S/C (Arends/Robinson) Move to approve the CONSENT AGENDA as presented.
Voted in favor of Motion: Gehring, Robinson, Arends, Maupin, Wofford, McConnell
Abstained: Brockus
Motion carried: 6-Yes; 1-Abstention
GENERAL BUSINESS
6A - ORDINANCE NO. 4983. AMENDING CERTAIN CHAPTERS OF TITLE 2 OF THE
BREMERTON MUNICIPAL CODE (BMC) RELATING TO ADMINISTRATION AND PERSONNEL
(#AB06-222): Laura Lvon, Financial Services Director and Phil Williams, Public Works & Utilities
Director proposed amendments to Title 2 BMC relating to the reorganization of certain offices in
order to obtain greater efficiency in the provision of administrative and support services for the
City. The recommended change includes moving Information Technology functions to the Public
Works and Utilities Department and adding responsibility for management of the Conference
Center Operating Fund to the responsibilities of the Director of Financial Services.
There were no comments from the public.
Mrs. Arends expressed her concern about the additional workload being added to Public Works &
Utilities and believed that Information Technology should be a separate department. She asked if
there were any money saving outcomes achieved by this move. Ms. Lvon indicated that there are
no true savings by this proposed change but there is a convergence of technology and
coordination of services. Mr. McConnell agreed with Mrs. Arends concerns.
05:52:55 M/S/C (RobinsonlWofford) Move to approve Ordinance No. 4983 amending Title 2 BMC
relating to reorganization of certain offices.
Voted in favor of Motion: Brockus, Robinson, Maupin, Wofford, Gehring
Voted opposed to Motion: Arends, McConnell
Motion carried: 5-Yes; 2-No
City Council Reg. Mtg. Minutes
Wednesday, October 18,2006
Page 3 of 5
6C - ORDINANCE NO. 4984. AMENDING CHAPTER 2.50 OF THE BREMERTON MUNICIPAL
CODE (BMC) INCORPORATING RECOMMENDED CHANGES BY THE MANAGEMENT AND
PROFESSIONAL EMPLOYEE COMPENSATION ADVISORY COMMITTEE (#AB06-224):
Council Member Will Maupin explained that the Management/Professional Compensation
Advisory Committee comprised of Nick Wofford, Brad Gehring, and himself have completed their
review of all Management/Professional benefits as outlined in BMC Chapter 2.50 as part of the
Management/Professional Compensation Study. Employees requested that the committee review
and consider the benefit package for management/professional, since the benefits offered to this
group have not changed for at least 10 years; while in the interim, represented employees gained
additional benefits through negotiations. A survey was completed by Human Resources based on
those benefits that management/professional employees expressed interest. The recommended
changes to BMC Chapter 2.50 incorporate the additional benefits proposed by the Committee.
Bob Tulp, of Public Works & Utilities, did not support the change in study timeframes from three
years to five years; and emphasized that the vision component of the benefits plan is being
proposed since it is already offered to all other employee groups.
06:04:10 Main Motion was made and discussion among Council Members continued...
Ms. Arends asked what reasoning the committee had for changing the timeframe for review from
three to five years. Mr. Maupin responded that the process was quite extensive and time
consuming, and five years seemed reasonable.
Mr. Gehrina decided that keeping pay competitive with Puget Sound is important and hoped that
his concerns over the pay plan itself could be addressed at a later time.
Mr. Maupin added that there was discussion on the structure of the pay plan, specifically the
number of bands and the number of steps, and the related rate of progression through the pay
system.
Mr. Brockus appreciated the effort by staff members and committee members who participated in
bringing the proposal forward.
6:09:28 M/S/C/U (ArendslWofford) Move to approve Ordinance No. 4984 and the amendments to
Chapter 2.50 of the BMC incorporating recommended benefit enhancements for
Management/Professional employees and to authorize a budget adjustment from the 2006
General Fund non-departmental budget labor set aside to the appropriate departments to cover
the additional cost for implementation of the recommended benefits.
6B - ACCEPTANCE OF MANAGEMENT AND PROFESSIONAL EMPLOYEE COMPENSATION
ADVISORY COMMITTEE (#AB06-223): Council Member Will Maupin summarized that the
Management/ Professional Compensation Advisory Committee which was comprised of Council
Members Nick Wofford, Brad Gehring, and himself, have completed their review of all
Management/Professional positions' classifications and pay band assignments. This was
accomplished by an in depth review of salary information gathered and prepared by the HR staff at
the direction of the committee. A second review was undertaken for those positions that did not
have good com parables including an internal review rating by the committee and/or expansion of
the survey area to get better matches. To complete this process, a final appeal hearing was held
for one incumbent, who did not feel the recommended band assignment was correct. The
Management/Professional Pay Plan as recommended by the committee also takes into account
internal equity, parity, and compression issues as identified in the course of this review.
City Council Reg. Mtg. Minutes
Wednesday, October 18, 2006
Page 4 of 5
Bob Tulp, Public Works and Utilities, thanked everyone who participated in this process and
offered his support for the proposal.
06:16:26 Main Motion was made and discussion among Council Members continued...
Mr. GehrinQ thanked staff for their patience and time spent on this process.
06:18:48 M/S/C/U (Brockus/Arends) Move to remove asterisk from Band 17 City Auditor on the
Management Salary Plan.
Mr. McConnell believed that several moves of directors on the pay plan were unfair based on the
type of work these directors are involved.
Ms. Robinson asked for clarification on the new Band 23 that has been added. Carol Conley
explained that Band 23 was added to allow for any future changes in salary ranges and is allowed
by the Bremerton Municipal Code.
Mrs. Arendsasked why comparable positions were not kept at the same level. Mrs. Conley
answered that the survey and relative median that resulted from the study allowed for the
proposed placement. Mrs. Arends also asked for clarification regarding salary difference between
bands. Mrs. Conley stated that 15 to 20% is the usual difference between directors and
managers.
Mr. Maupin stated that the initial goal is that the positions are paid the same as comparable
positions in other cities and while some positions may be grouped together, it turned out that the
study countered what are assumed pay for the city is normally set at. He also thanked Laura
Lyon, Financial Services Director; Carol Conley and Charlotte Belmore, Human Resources for the
time they spent on this process.
06:30:48 M/S/C (Brockus/Wofford) Move to approve the Revised Management/Professional Pay
Plan and to authorize a budget adjustment from the miscellaneous non-departmental budget labor
set aside to the appropriate departments to cover the additional cost for implementation of the
recommended Pay Plan.
Voted in favor of Motion: Maupin, Wofford, Gehring, Brockus, Robinson, Arends
Voted opposed to Motion: McConnell
Motion carried: 6-Yes; 1-No
COUNCIL MEMBER REPORTS
Carol Arends thanked City staff and Council Members for their efforts on the pay and
classification study process.
Adam Brockus encouraged people to vote this election.
Brad GehrinQ reported on the Emergency Management Class he attended today regarding rapid
damage assessment as it relates to earthquakes and natural disasters; and encouraged people to
have an emergency kit at home.
President McConnell thanked Council Members Brad Gehring, Will Maupin, and Nick Wofford for
the time they committed to review employee salaries and benefits, as well as Finance and Human
Resources staff who put together all of the information for the committee.
City Council Reg. Mtg. Minutes
Wednesday, October 18, 2006
Page 5 of 5
With no further business, President McConnell adjourned the Council Meeting at 6:34 PM. The
Council then reconvened in the 6th Floor Council Conference Room for a STUDY SESSION to receive
an "UPDATE ON THE MUNICIPAL COURT BUILDING AT 8TH STREET AND PARK AVENUE".
Prepared and Submitted by:
It~~ ~
CHRISTINE GRENIER
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM:PJ:ls:cg
O ~ I .tJ~r- d.-Ct) :LaO <0
DATE SUBMITTED: c; j 0 10 v l'
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 00 - ;:;1.13
5e-
....................a......................a...m......................m......m....a.....
SUBJECT: Minutes of Meeting -
Oc.+D6'€K' ~s I ~O(p
Committee Meeting Date: N/A
COUNCIL MEETING Date: fDo\!€-'IV\.b0r- 15~DO~
Department: City Council
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held Oc- tv ~ :J- 512()0 (;;
ATTACHMENTS: Meeting Minutes for OG-\-V b-er- J- '5) ;;)..00(0
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA I2J I
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RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented.
COUNCIL ACTION: [SJ Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, October 25,2006
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, October 25, 2006, at 5:30 PM, with Council President Cecil McConnell
presiding. Council members present were Will Maupin, Carol Arends, Dianne Robinson, Mike
Shepherd, Wendy Priest, Adam Brockus, and Brad Gehring. Council Member Nick Wofford 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 Council Member Carol Arends.
President McConnell announced that a Pre-Council Session to discuss General Council
Business was held in Council Conference Room 603 from 5:00 to 5:30 PM; and invited the public
to attend the Council STUDY SESSION in Council Conference Room 603 immediately following the
Council Meeting. He also announced that the Joint Study Session with the Planning Commission
that was scheduled for Monday, October 30,2006 at 5:00 PM was canceled.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Adam Brockus announced that he would host a District 3 Neighborhood Meeting tomorrow night
on Thursday, October 26, 2006 from 7:00 to 8:30 PM at the Manette Community Church located at
East 13th Street & Hayward Avenue. A presentation on "City Property Taxes 101" would be
provided by Laura Lyon, Finance Director for the City of Bremerton.
CONSENT AGENDA
A. Check Numbers 312039 through 312332; and EFT-9307; EFT-9309 through EFT-9326 in the
amount of $1,130,603.29; and Regular Payroll in the amount of $626,250.42 for the pay period
ending October 15, 2006 (#AB06-225)
B. Confirmation of Andrea L. Spencer as the Director of Community Development (#AB06-226)
There were no comments from the public.
05:32:50 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
In Favor of Motion: Gehring, Brockus, Shepherd, Robinson, Arends, Maupin, McConnell
Opposed to Motion: Priest
Motion carried: 7-Yes; 1-No
With no further business, President McConnell adjourned the meeting of the City Council at
5:33 PM. The Council reconvened in Council Conference Room 603 for a STUDY SESSION to hear
presentations on upcoming agenda items.
LO I SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
DATE SUBMITTED: Nove..W\60v""'
(r; ;:LoO 0
I AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 0 (b - ;;;. ~4
SF
........................................................e.............a..m...m..........
SUBJECT: Minutes of Meeting -
/'Jov~VVt~ I) 'd-OO ~
Committee Meeting Date: N/A
COUNCIL MEETING Date: NbVVL'M.b-&v- 15 ~oo <P
Department: City Council
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held Nove VVLb-e-v- I J d-oO (0
ATTACHMENTS: Meeting Minutes for Nov"e..Vi^Io0y- {1:20o ~
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGENDA [5<J I
FISCAL/BUDGET:
OPERATIONS: :7
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COUNCIL PRESIDENT: cfi;::::::J:>(Je:[:?~,;;'/'~~'!<'[:?J..?<';,. ..
RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented,
COUNCIL ACTION: C8J Approve D Deny D Table
o Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, November 1,2006
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, November 1, 2006, at 5:30 PM, with Council President Cecil McConnell
presiding. Council members present were Will Maupin, Carol Arends, Dianne Robinson, Mike
Shepherd, Wendy Priest, Adam Brockus, and Brad Gehring. Council Member Nick Wofford was
absent. Also present were Assistant City Attorney Ken Bagwell; City Clerk Paula Johnston; and
Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation
provided by Associate in Ministry Ethyl Mae Nelson of Our Saviour's Lutheran Church.
President McConnell announced that a Pre-Council Session to discuss General Council
Business was held in Council Conference Room 603 from 5:00 to 5:30 PM; and that a Budget
Work Session would be held on Thursday, November 2,2006 at 5:00 PM in the Council
Conference Room.
MAYOR'S REPORT - Mayor Bozeman...
. Encouraged the Council to support his recommendations for several appointments and
reappointments on the agenda tonight;
. Set up a meeting his week to start the process for renewing the Anderson Cove area, and
thanked Council Member Dianne Robinson for "prodding" this action along;
. Asked the Council for their support in approving the Interim Lease for the temporary location of
the Municipal Court that is on the agenda tonight;
. Announced that a $50,000 grant was received by the Governor's Office to be used for
preliminary concept work on developing a retail center in the old J.C. Penney's building; and
. A Grand Opening date for the "Fountain Phase" of Maritime Park would soon be announced.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Mike Walton Marketing Director for the Kitsap Family YMCA, provided an update on recent
activities at the "Y" which included the "Military Fall Festival" held last weekend; "Military Date
Night" on the 1st Saturday of each month from 5:30 to 9:30 PM; "Military Family Month" for the
Month of November; "Teen Late Night" every Friday from 8:30 to 11 :00 PM; "S~lash & Jam" the 3rd
Saturday of each month; and the "Harvest Social" that was held on October 26 h.
Gordy Byrd was here to say hello and encouraged everyone to "keep smiling".
Jerry Reid, of Reid Realty and President of the Boys & Girls Club, provided a briefing on the
newly opened Boys & Girls Club at the Naval Avenue School in Bremerton.
Adam Brockus announced a special neighborhood meeting will be held on Thursday, November
16, 2006 beginning at 6:30 PM to discuss options for turning the existin~ reservoir LID into a park.
The property may soon be sold to a developer and is located at East 17 h Street & Ironsides
Avenue.
CONSENT AGENDA
A. Check Numbers 312333 through 312450; and EFT-9327 through EFT-9339 in the amount of
$606,853.90; and Retiree Payroll in the amount of $81,536.43 for the pay period ending
October 31, 2006 (#AB06-227)
City Council Reg. Mtg. Minutes
Wednesday, November 1, 2006
Page 2 of 4
B. Appointment of John C. Hassett to the Public Access Citizens Advisory Committee
(#AB06-228)
C. Reappointment of Wanda Butler; and Appointments of William North, Richard Nerf, and Terry
Boyle to the Parks & Recreation Commission (#AB06-229)
D. Contract for Supplemental Police Services with Bremerton Housing Authority (BHA) for
Westpark (#AB06-230)
E. Budget Adjustment request for the Parks and Recreation Department to construct a
Greenhouse at Stephenson Canyon and to replace damaged trees in the Gateway
(#AB06-231 )
F. Resolution No. 3013, appointing Council Member Brad Gehring as a representative to the
Public Transportation Improvement Conference (#AB06-232)
G. Staffing request for the Department of Community Development (#AB06-233)
William North and Richard Nerf expressed their appreciation for the opportunity to serve the City
of Bremerton as members of the Parks & Recreation Commission.
05:47:30 M/S/C/U (Priest/Shepherd) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - LEASE AGREEMENT WIH JOHN BREMER AND EDWARD BREMER CONSOLIDATED
TRUST FOR THE MUNICIPAL COURT (#AB06-237): Gary Sexton stated that the proposed
lease agreement provides facilities for the municipal court at 900 Pacific Avenue. This lease is for
a two-year term starting January 1, 2007.
There were no comments from the public.
05:49:00 M/S/C/U (Arends/Robinson) Move to approve the lease with John Bremer and Edward
Bremer Consolidated Trust and authorize the Mayor to negotiate, finalize, and execute the lease.
7A - FIRST OF TWO PUBLIC HEARINGS ON LEASE AGREEMENT WITH CLAREMONT EAST
RETIREMENT APARTMENTS (#AB06-234): Wvn Birkenthal, Parks & Recreation Director,
explained that the Claremont East has used approximately 3,609 feet of City right-of-way and park
property located north of Sheridan Community Center on the south side of Juniper Street since
1995 for employee parking. Claremont East's owners are requesting a formal arrangement for the
parking use. On September 27, 2006 the Parks & Recreation Commission approved a
recommendation that the City enter into a lease agreement for the purpose of allowing Claremont
East to continue utilizing parks property. The Public Works Department has agreed to issue a
Right-of-Way permit for the use of Juniper Street Right-of-Way. Payment will be made to both the
City's Parks and Public Works Departments for the use of the public property. The 2006 assessed
value of the property is $12 per square foot.
There were no comments from the public.
President McConnell announced that this was the first of two Public Hearings; and that action will
be taken during the second public hearing that is scheduled for November 15, 2006.
Mr. Shepherd stated that at the next hearing, he would like to discuss the difference between
parking and normal street lighting, and whether or not more lighting will be required.
Mr. Gehrina requested that at the second Public Hearing, the new revised numbers for the square
footage be provided, and the figures amended accordingly.
City Council Reg. Mtg. Minutes
Wednesday, November 1,2006
Page 3 of 4
7B - PUBLIC HEARING AND ORDINANCE NO. 4985. ADOPTING THE 2006
COMPREHENSIVE PLAN AMENDMENT DOCKET (#AB06-235): Andrea Spencer, Community
Development Director, stated that the action before the Council is to conduct a public hearing and
adopt the proposed ordinance for the 2006 Comprehensive Plan Amendment Docket. It was
explained that the public may request amendments to the Comprehensive Plan in even-numbered
years by submitting a request to the Department of Community Development. No requests for
amendments were submitted by the public during the application window of January to April of this
year. However, a briefing on the four minor amendments that were identified by Department of
Community Development staff was provided. Following a Planning Commission Public Hearing on
August 29, 2006, it is now recommended that the City Council adopt these amendments.
There were no comments from the public.
05:57:50 Main Motion was made and seconded, as discussion continued...
Mr. Shepherd would like to note in the record that Elandan Gardens is currently designated as an
"Employment Center" and not a "Low-Density Residential" area, which should be corrected.
06:02:55 M/S/C/U (Priest/Maupin) Move to pass Ordinance No. 4984 4985 adopting amendments
to the Comprehensive Plan Text and Official Land Use Map as recommended by the Planning
Commission.
7C - CLOSED RECORD HEARING AND ORDINANCE NO. 4986. APPROVING THE REZONE
THAT WILL CORRECT A MAPPING ERROR FOR THE PROPERTY AT 4475 BIRCH AVENUE
WEST (#AB06-236): Andrea Spencer, Community Development Director, mentioned that the
action before the Council is to grant approval of a site specific rezone to correct a mapping error
for the property at 4475 Birch Avenue West, which is. consistent with the 2006 Comprehensive
Plan Amendments.
President McConnell read the Appearance of Fairness Doctrine and asked if any Council
Member should be excused from the vote on this item; he then asked the public if any Council
Member should recuse himself from the vote. All Council Members remained seated.
Mr. Baawell explained that this was a Closed Record Hearing, so no new testimony or information
will be accepted. The Council may approve and adopt the findings and recommendations; modify
and approve the findings and recommendations; reject and deny the findings and
recommendations; or continue the closed record hearing and remand the issue to the hearing
examiner for clarification.
There were no comments from the public.
06:07:50 M/S/C/U (Priest/Arends) Move to pass Ordinance No. 498a 4986 to rezone the property
at 4475 Birch Avenue West from City Utility Land to R-10.
COUNCIL REPORTS
Brad Gehrina was pleased to report that he used the pedometer donated by the "Y" and logged 8-
miles worth of steps. He was sad to report that Jim Stephenson of Step's Chop Shop lost his
battle with cancer and a memorial was scheduled November 11 at 12:00 Noon at the Manette
Community Church; and Karen Bolin, a longtime community activist, also recently passed away
and her memorial service would be held in Auburn.
City Council Reg. Mtg. Minutes
Wednesday, November 1, 2006
Page 4 of 4
Adam Brockus contacted the Department of Elections and was dismayed to learn that only
approximately 27% of the Kitsap registered voters have voted to date, and therefore encouraged
everyone to go out and vote.
Wendy Priest thanked all of the downtown business owners who stayed open late last night to
participate in the Halloween activities.
Mike Shepherd had a good time with the Halloween events in his neighborhood.
With no further business, President McConnell adjourned the Council Meeting at 6:12 PM.
PIP2Z~
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM:PJ:ls:cg
DA TE SUBMITTED: tJo"~wvber ~/ .?--t:::V0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 00 -:;;. 2.)5
56-
I.........................................................................a..aa.........
SUBJECT: Minutes of Meeting -
NDV~~ 8 i d-.oo(??
Committee Meeting Date: N! A
COUNCIL MEETING Date: NoV~~r (S; I dcOG
Department: City Council '
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held ND\J~ B j d-oo(P~
ATTACHMENTS: Meeting Minutes for t0o\Je.~ g) ;;)...00 ~
FISCAL IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA ~ I
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RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented.
COUNCIL ACTION: [8J Approve 0 Deny D Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, November 8,2006
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, November 8, 2006, at 5:30 PM, with Council President Cecil McConnell presiding.
Council members present were Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy
Priest, Adam Brockus, and Brad Gehring. Council Member Nick Wofford 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 Pastor Eric Roberts of New Life Assembly.
President McConnell made the following announcements...
. A Pre-Council Session to discuss General Council Business was held in Council Conference
Room 603 from 5:00 to 5:30 PM; and included presentations by Gary Sexton, Redevelopment
Projects Administrator on upcoming agenda items;
. Immediately following the Council Meeting, the Council would reconvene in the Council
Conference Room for a STUDY SESSION to hear presentations on upcoming agenda items and the
2007 Budget; and
. Two additional Budget Work Sessions would be held on Thursday, November 9, 2006 and
Tuesday, November 14, 2006 at 5:00 PM in the Council Conference Room.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Adam Brockus thanked everyone who voted in the Primary Election, and noted that per the
Elections Office at least 40% of registered voters submitted their ballots as of yesterday. He also
invited residents to a Special Meeting on Thursday, November 16, 2006 at 6:30 PM at the L.I.D. site
located at E. 17'h Street & Ironsides Avenue to discuss options for the property.
CONSENT AGENDA
A. Check Numbers 312451 through 312642; and EFT-9340 through EFT-9351 in the amount of
$1,239,678.13; and Regular Payroll in the amount of $717,542.48 for the pay period ending
October 31, 2006 (#AB06-237)
05:34:45 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
With no further business, President McConnell adjourned the Council Meeting at 5:35 PM. The
Council reconvened in the Council Conference Room for a STUDY SESSION to hear presentations on
upcoming agenda items and the 2007 Budget.
~
LO I SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM:PJ:ls:cg
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DA TE SUBMfTTED: October :r( 2006
~ ./
"-"
BILL #
$06-d..~(P
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5H
....ma.aa.BD...a.....ma.....a.....B..a......aaa.DD.aa.......a.a.........B.....aBa.......
SUBJECT: Budget Adjustment Related to
the Harborside Park Annex Building
Committee Meeting Date: November 8, 2006
COUNCIL MEETING Date: November 15, 2006
Department: Economic Developmnt.
Presenter: Gary Sexton
Phone: 360-473-5282
SUMMARY: The Harborside Park-ami Memorial Naval Museum project includes the constmction
of an annex building to the Naval Museum (Building 50). The annex is designed to provide overflow
and support services for the existing City Conference Center - with a warming kitchen and additional
conference/meeting room space. In order to constmct and equip the facilities adequately to perform
these functions - additional funding in the amount of $250,000 will be necessary. The Kitsap
Conference Center Constmction Fund is in the process of being wrapped up and the majority of
residual funds were transfened at the end of 2005 to the General Capital Improvement Fund. The
balance of those funds is $410,088.43 which have been designated as "restricted" - requiring Council
action to initiate expenditures. These residual funds represent interest revenues earned on the fund
balances during the life ofthe project and remaining proceeds received from the sale of the hotel and
restaurant pad which were the last funding sources used in the constmction process. Staff is
recommending that $250,000 of the residual funds set aside in the General Capital Improvement Fund
be approved for usage in constmcting and equipping the annex building for the purpose of providing
additional conference center facilities and support.
ATTACHMENTS:
FISCAL IMP ACTS (Include Budgeted. Amount): The budget for 2006 requires amendment to
authorize the transfer of $250,000 from the General Capital Improvement Fund to the Harborside Park
Constmction Fund and to authorize additional expenditures in the Harborside Project budget for these
purposes. Funds are available for this purpose in the General Capital Improvement Fund from the
residual Conference Center Constmction Funds which have been placed there pending further review
and Council action.
APPROVALS:
DEP AR TMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
aid
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA tr
RECOMMENDED MOTION: Move to approve a 2006 budget amendment and transfer
of $250,000 from the General Capital Improvement Fund to the Harborside Park Constmction Fund
and to authorize expenditure of these funds for the purpose of constmcting and equiping the annex
building to further support the City's Co_~fe_r~Ilce Center operations. I
COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action
DATE SUBMITTED: November 3, 2006
BILL# 66 - d-.47
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SI
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-.
SUBJECT: Lease Agreement between the
City of Bremerton and the Bremerton Area
Chamber of Commerce.
Committee Meeting Date: Nov. 8, 2006
COUNCIL MEETING Date: Nov. 15,2006
Department: Economic Dev.
Presenter: Gary Sexton
Phone: 473-5282
SUMMARY: The Bremerton Area Chamber of Commerce is asking to lease approximately 3,000
square feet at the Permit Center Building, located at 286 4th Street. The monthly rent will be
$2,200.00/month with annual CPI adjustments.
A TT ACHMENTS: Letter of Intent to Lease
FISCAL IMPACTS (Include Budgeted Amount): None
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
~/
I CONSENT AGENDA ~ I
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
RECOMMENDED MOTION: Move to approve a lease agreement between the City of Bremerton
and the Bremerton Area Chamber of Commerce and authorize the Mayor to finalize and execute a
lease based on the tenns and conditions as set forth in the Letter of Intent to Lease.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
BRADLEY SCOTT, INC.
LETTER OF INTENT TO LEASE
This expression of intent to lease is made this ~ day of November 2006 by and bet ween City of Bremerton (hereinafter
called "Landlord"), and Bremerton Area Chamber of Commerce (hereafter called "Tenant").
It is the intent of the parties hereto that Landlord and Tenant shall enter into a Lease Agreement regarding the Permit
Center Building located at 286 4th Street, Bremerton, Washington.
The following are the basic provisions for a proposed Lease Agreement:
1. TENANT: Bremerton Area Chamber of Commerce
2. TYPE OF BUSINESS/USE: General Office
3. SIZE OF LEASED SPACE: Approximately 3,000 Square Feet
4. LEASE TERM: 3 years plus 1 - 2 year options
5. OCCUPANCY DATE: December 1, 2006
6. MONTHLY RENT: $2,200.00
8. RENT INCREASES: Annual cpr
9. SECURITY DEPOSIT: None
10. TENANT IMPROVEMENTS: Tenant accepts building "as is", except Landlord will provide a way to secure
access to the second level for safety purposes.
11. WATER/SEWER: Landlord
12. TRASH: Landlord
13. POWER: Landlord
14. TELEPHONE: Tenant
15. JANITORIAL: Tenant
16. REAL ESTATE TAXES: Landlord
17. PROPERTY INSURANCE: Landlord
18. TENANT'S BUSINESS LIABILITY INSURANCE: Tenant
19: PARKING: Landlord shall provide 6 parking spaces in the City Garage or other nearby parking facilities
20. SIGNAGE: Tenant to install sib,Tflage subject to Landlord approval.
1
21. OTHER PROVISIONS: Tenant shall have the option to purchase the building anytime during the initial
three (3) lease term. Purchase price shall be $360,000.00 as established by the existing A.C.E. PS, Inc. appraisal.
22. AGENCY DISCLOSURE: At the signing of this agreement the Bradley Scott, Inc. represented the Landlord.
Each party signing this document confirms that prior oral and/or written disclosure of agency was provided to him/her
in this transaction. Landlord agrees to pay Bradley Scott, Inc. a broker fee equivalent to three percent (3%) of the gross
value of the Base lease, paid 50% upon execution of said lease and remaining 50% upon occupancy by Tenant.
23. LEASE AGREEMENT: Landlord agrees to prepare, at Landlord's sole expense, a Lease Agreement to be
delivered to Tenant within lQ..business days following mutual acceptance of this Letter of Intent to Lease.
24. OFFER TERM: This Letter of Intent to Lease is in force until midnight i-business days from it's date, after
which time, if not accepted by Landlord, said Letter of Intent shall automatically expire and all terms and conditions of
this Letter of Intent, expressed or implied, shall be null and void and all sums deposited herewith shall be promptly
returned to Tenant upon written request thereof.
25. BOARD APPROVAL: Final lease approval is subject to approval by Bremerton Area Chamber of Commerce
Board of Directors and the City of Bremerton.
IT IS UNDERSTOOD that the above provisions are part of an earnest attempt by said parties to enter into the lease
which, when completed, will elaborate upon the provisions referred to inthe itemized paragraphs above and contain
additional provisions customarily contained in leases of property similar to that which is the subject matter of the Lease.
The final consummation of the lease will depend upon mutual acceptance by both Landlord and Tenant.
TENANT: Bremerton Area Chamber of Commerce MAILING ADDRESS:
By:
Date:
PHONE:
FAX:
LANDLORD: City of Bremerton
BRADLEY SCOTT, INe.
By:
By:
Gary K. Gartin, CCIM
Date:
Date:
2
LEASE
WITH OPTION TO PURCHASE
This Lease is entered into this day of November, 2006, between THE CITY OF
BREMERTON, a municipal corporation, (hereinafter referred to as "Lessor"), and THE
BREMERTON AREA CHAMBER OF COMMERCE, a non-profit corporation, (hereinafter
referred to as "Lessee").
WHEREAS, Lessor owns certain real property and a building situate thereon, and
WHEREAS, Lessee desires to lease a portion of the building for use as general office space
for its operations as a chamber of commerce,
NOW, THEREFORE, the Lessor and Lessee agree as follows:
1. PREMISES. Lessor does, by these presence, lease to the Lessee a portion of a
building situate upon real property located at 286 4th Street, Bremerton, Washington and more
particularly set forth in Exhibit A attached hereto and incorporated by reference. The leased
portion of the building is situated on the main floor (the second level) and consists of
approximately 3,000 square feet of floor area (hereinafter "Premises").
2. TERM. The term of this lease shall be for three years commencing December 1,
2006, ("Commencement Date") and ending November 30, 2009, unless otherwise extended or
terminated. If Lessee is compliance with all terms and conditions ofthis lease, Lessee shall have
one option to extend the term of this lease for an additional two year term. To exercise this
option, Lessee shall delver to Lessor a notice to exercise said option within 90 days prior to the
expiration of the original term of this lease. If Lessee remains in possession of the Premises or
any part thereof after the expiration of the term of this Lease, including any exercised option,
without the express written consent of Lessor, such occupancy shall be a tenancy from month-to-
month which may be terminated by either Lessor or Lessee by delivering written thirty (30) day
notice of termination.
3. CONSIDERATION.
(a) Base Lease Payment. In addition to other consideration of this Lease,
Lessee agrees to pay Lessor, without notice or demand, the sum (based on $9.00 per square foot
annually) of Two Thousand dollars and 001100 ($2,000.00) per month ("Lease Payment"), in
advance, on or before the first day of the first full calendar month of the term hereof and a like
sum on or before the first day of each and every successive calendar month thereafter during the
term hereof.
(b) Consumer Price Index Adjustments. The monthly Base Lease Payment
rate shall be adjusted at each annual anniversary date by using the revised Consumer Price Index
1
Chamber of Commerce
(CPI) for all urban consumers as published by the United Stated Department of Labor for Seattle-
Tacoma-Bremerton Average, all items (1982-84=100) or a comparable CPI index that is
reasonably available and appropriate, as may be determined by the Lessor. The index used shall
be for the most current period preceding the month of the anniversary date. The percentage of
change from the earlier index to the later index shall be multiplied by the Base Lease Payment at
the beginning of the Lease Year and the result added to the said beginning rate to arrive at the
adjusted Base Lease Payment, which will apply to each of the twelve (12) months of the
succeeding Lease Year. Notwithstanding other provisions of this paragraph, the Base Lease
Payment payable by Lessee shall in no event be less than the Base Lease Payment as may have
been previously adjusted upward. Lessee may prepay these monthly payments on a quarterly,
semi-annual or annual basis or as otherwise approved by the Lessor.
(c) Leasehold Excise Tax, Other Taxes and Assessments. In addition to the
Base Lease Payment, Lessee shall pay a leasehold excise tax, pursuant to RCW 82.29A.030, on
all Lease Payment amounts paid to the City, currently in the amount of 12.84 percent of the base
Lease Payment and as may be adjusted pursuant to Ch. 82.29A RCW. Lessee shall pay the
Leasehold tax with the monthly payment. Lessee shall also pay all taxes assessments, and all
other governmental charges, of any kind whatsoever, applicable or attributable to the Property,
Lessee's leasehold interest, the improvements, or Lessee's use and enjoyment of the Property.
Lessee shall pay these taxes and assessments when due or as otherwise requested by the Lessor.
4. USE OF PREMISES. Lessee's use and occupancy of the Premises shall be for
general office space for its operations as a chamber of commerce and other related purposes.
5. UTILITIES. Lessor agrees to provide and pay all charges for water and sewer
service. Lessee agrees to provide and pay for all charges for power for the entire building,
garbage pickup, janitorial, telephone and for all other utilities which shall be used in the Premises
during the full term of this Lease.
6. IMPROVEMENTS.
(a) Specifically. Lessee accepts the Premises "as is" except that Lessor will
provide a way to secure access to the second level for safety purposes. Lessee may install signage
subject to Lessor approval.
(b) Generally. Lessee shall not make or allow to be made any alterations,
improvements, or changes to or of the Premises or any party thereof without the prior written
consent of Lessor, and all improvements, alterations, or changes so made shall become a part of
the lease Premises and shall belong to Lessor upon expiration or sooner termination of this
Lease. With respect to such alterations, improvements or changes to the Premises requested by
Lessee, Lessor's consent shall not be unreasonably withheld. In the event Lessor consents to the
making of any alterations, additions, or improvements to the Premises by Lessee, the same shall
be made by Lessee at Lessee's sole cost and expense, the Premises and Lessee's leasehold interest
therein shall remain free from any lien of any kind whatsoever, and construction of such
2
Chamber of Commerce
alterations, additions or improvements shall be done in compliance with all laws and
governmental requirements by qualified city staff or licensed and bonded contractors.
7. MAINTENANCE AND REPAIRS.
(a) Lessee's Obligations. By taking possession of the Premises, Lessee shall
be deemed to have accepted the Premises as being clean and in good order, condition, and repair.
Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and
repair (except as hereinafter provided with respect to Lessor's obligations set forth in paragraph
7.(b) below). Lessee shall, upon the expiration or sooner termination of this Lease, surrender the
Premises to Lessor in good condition, clean, excepting only ordinary wear and tear and
destruction or damage by such conditions over which Lessee has no control, or such damage as
may be due to the failure of Lessor to comply with any covenant herein contained to be
performed by Lessor. Damage caused by Lessee's use of the Premises shall be repaired at the
sole cost and expense of Lessee.
(b) Lessor's Obligations. Lessor shall, at Lessor's expense, repair and
maintain the structural portions of the Building, including the roof, foundation, bearing and
exterior beams and supports and exterior walls (excluding glass). There shall be no abatement of
Rent and no liability for Lessor by reason of any injury to or interference with Lessee's business
arising from the making of any repairs, alterations, or improvements in or to any portion of the
Building or the Premises or in or to fixtures, appurtenances, and equipment if Lessor shall have
taken every reasonable measure to avoid any such injury and interference.
8. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and
the Building and Land on which the Premises are situated free from any liens arising out of any
work performed, materials furnished, or obligations incurred by Lessee.
9. INDEMNIFICATION. Lessee shall indemnify, defend and hold Lessor
harmless from all loss damage, liability or expense resulting from any injury to any person or any
loss of or damage to any property caused by or resulting from any act or omission of Lessee or
any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the
Building, but the foregoing provision shall not be construed to make Lessee responsible for
injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest,
invitee or visitor of Lessor. Lessor shall not be liable for any loss or damage to person or
property sustained by Lessee, or other persons, which may be caused by theft or any act of
neglect of Lessee or occupant of the building, or of any other person, or by any other cause,
unless caused by the negligence of Lessor or its officers, licensees, agents, employees, guests,
invitees or visitors.
10. LIABILITY INSURANCE; HAZARD INSURANCE.
(a) Liability Insurance. Lessee, at its own expense, shall provide and keep
in force comprehensive general liability insurance in the amount of not less than One Million
3
Chamber of Commerce
Dollars ($1,000,000.00 per occurrence for bodily injury and property damage. Lessee shall
furnish Lessor with a certificate of such policy within thirty (30) days of the Commencement
Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and
effect. Such policy shall name Lessor as an additional insured and shall be primary and
noncontributing with any insurance carried by Lessor. The policy shall further provide that it
shall not be canceled without twenty (20) days prior written notice to Lessor.
(b) Hazard Insurance. Throughout the term of this Lease, Lessor shall
procure and maintain fire, hazard and extended coverage insurance on the Improvements.
Should the property become uninhabitable due to loss or become uninhabitable for any other
reason the City shall have the option of terminating this lease.
11. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all
movable property, furniture, furnishings and trade fixtures, other than those affixed to the
Premises so that they cannot be removed without material damage, shall remain the property of
and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall
restore the Premises, Building or common areas to good order and condition. Lessee shall payor
cause to be paid before delinquency any and all taxes levied or assessed and which become
payable during the term hereof upon all Lessee's Improvements, equipment, furniture, fixtures,
and other personal property located in the Premises. Lessee shall be responsible for all personal
property insurance coverage during the term of this Lease.
12. ENTRY BY LESSOR. At any and all reasonable times during regular business
hours, upon one (1) day's prior notice to Lessee, Lessor reserves and shall have the right to enter
the Premises to inspect the same a reasonable number of times, to submit the Premises to
prospective purchasers or Lessees, to repair the Premises and any portion of the Building that
Lessor may deem necessary or desirable, without abatement of Rent, and may for the purpose
erect scaffolding and other necessary structures where reasonably required by the character of the
work to be performed, always providing that the entrance to the Premises shall not be blocked
thereby and further providing that the business of Lessee shall not be interfered with
unreasonably. Lessee hereby waives any claim for damages or for any injury or inconvenience to
or interference with Lessee's business or any loss of occupancy or quiet enjoyment of the
Premises, and any other loss occasioned thereby, if Lessor shall have taken every reasonable
measure to avoid any such injury, inconvenience or interference. Lessor shall have the right to
use any and all means which Lessor may deem proper to open any doors or otherwise obtain
access to the Premises in an emergency, without liability to Lessee except for any failure to
exercise due care for Lessee's property, and any entry to the Premises obtained by Lessor by any
of said means or otherwise shall not under any circumstances be construed or deemed to be a
forcible or unlawful entry into or a detainer of the Premises or an eviction of Lessee from the
Premises or any portion thereof.
13. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by
operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any
interest therein and shall not sublet the Premises or any part thereof or any right or privilege
4
Chamber of Commerce
appurtenance thereto or allow any person (the employees, agents, servants, and invitees of Lessee
excepted) to occupy or use the Premises or any portion thereof, without the prior written consent
of Lessor, which consent by Lessor shall not be unreasonably withheld. Any such assignment or
subletting without compliance with the terms of this paragraph shall be void and shall, at the
option of Lessor, constitute a default under the terms of this Lease. Consent to one assignment,
subletting, occupation, or use by any other person shall not be deemed to be a consent to any
subsequent assignment, subletting, occupation, or use by another person. Consent to any such
assignment or subletting shall in no way relieve Lessee of any liability under this Lease. Lessor
may assign the Rent herein provided to any person, partnership, corporation, or bank, and Lessee
agrees when notified in writing by the assignee of such assignment to make the Rent payments to
assignee under the terms of said assignment.
14. LESSEE'S DEFAULT. The occurrence of any one or more of the following
events shall constitute a default and breach ofthis Lease by Lessee.
(a) Abandonment. Lessee vacates or abandons the Premises;
(b) Failure to Pay Lease Payment. Lessee fails to make any payment of the
Lease Payment or any other payment required to be made by Lessee hereunder;
(c) Failure to Observe Other Covenants. Lessee fails to observe or perform
any ofthe covenants, conditions, or provisions of this Lease to be observed or performed by
Lessee where such failure shall continue for a period of thirty (30) days after written notice
thereof by Lessor to Lessee; provided, however, that ifthe nature of Lessee's default is such that
more than thirty (30) days are reasonably required for such cure, then Lessee shall not be deemed
to be in default if Lessee commences such cure within said thirty (30) days and thereafter,
diligently prosecutes such cure to completion.
15. REMEDIES ON DEFAULT.
(a) Termination. In the event Lessee fails to cure such default, Lessor may,
at any time thereafter, terminate this Lease by written notice to Lessee. Lessor may also seek any
other remedy provided by law.
(b) Removal of Personal Property. In the event of a retaking of possession
of the Premises by Lessor, Lessee shall remove all personal property located thereon and upon
failure to do so upon demand of Lessor, Lessor may remove and store the same in any place
selected by Lessor, including but not limited to a public warehouse, at the expense and risk of
Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for
a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or
private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the
payment of the charges for storage, if any, and thirdly to the payment of any other sums of money
which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to
Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully
5
Chamber of Commerce
reentering and taking possession of the Premises or lawfully removing and storing the property of
Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by
Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible
entry.
(c) Remedies Cumulative. The remedies hereinafter described shall be
cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to
Lessor under the law or judicial decisions of the State of Washington.
16. LESSOR'S DEFAULT. Lessor fails to observe or perform any of the covenants,
conditions, or provisions of this Lease to be observed or performed by Lessor, where such failure
shall continue for a period of thirty (30) days after written notice thereof by Lessee to Lessor;
provided, however, that if the nature of Lessor's default is such that more than thirty (30) days
are reasonably required for such cure, then Lessor shall not be deemed to be in default if Lessor
commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure
to completion. In the event Lessor fails to cure such default, Lessee may, at any time thereafter,
terminate this Lease by written notice to Lessor. Lessee may also seek any other remedy provided
by law.
17. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the
Building or Improvements) shall be acquired or condemned by eminent domain for any public or
quasi-public use, or if a part of the Premises is so taken so that the Premises are rendered
unsuitable for the business of Lessee, then the term of this Lease shall terminate as of the date
title or possession shall be transferred in such proceeding, whichever shall occur first. In the
event of a partial taking or condemnation which is not extensive enough to render the Premises
unsuitable for the business of Lessee, then Lessor shall restore the Premises to a condition
comparable to its condition immediately prior to such taking less the portion lost in the taking,
and this Lease shall continue in full force and effect provided, however, that the monthly Rent
shall abate in the same ratio that the portion of the Premises so taken bears to the whole of the
Premises.. Lessor shall have the right to receive the compensation of damages awarded upon
either such total or partial taking and Lessee shall have no claim thereto; provided that Lessee
may independently pursue an award or compensation to Lessee for the taking of Lessee's
personal property or fixtures or for the interruption of or damage to Lessee's business and for any
other interest of Lessee.
18. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store,
deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage,
petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any pollutants or substances
defined as hazardous or toxic in accordance with applicable federal, state, and local laws and
regulations ("Hazardous Substances") in, on or about the Premises. Lessee shall indemnify,
defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup
costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any
way related to the Release by Lessee, or any of its agents, representatives, or employees, or the
6
Chamber of Commerce
presence of such Hazardous Substances in, on or about the Premises occurring at any time after
the Commencement Date and arising out of the activities of Lessee, or any of its agents,
representatives or employees. The provisions of this paragraph shall survive termination or
expiration of this Lease.
19. OPTION TO PURCHASE. Lessee shall have the option to purchase the real property
and building situate thereon anytime during the initial three (3) lease term. Purchase price shall be
$360,000.00 as established by the existing A.C.E. PS, Inc. appraisal. To exercise this option, Lessee must
provide written notice to Lessor prior to expiration of the initial three year lease term.
20. GENERAL PROVISIONS. Lessor and Lessee agree to the following general
provIsIOns:
(a) Waiver. No waiver of default by either party of any of the terms,
covenants and conditions hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and
conditions herein contained, to be performed, kept and observed by the other party. The
subsequent acceptance of Rent hereunder by Lessor shall not be deemed to be a waiver of any
preceding default by Lessee of any term, covenant, or condition of this Lease other than the
failure of Lessee to pay the particular renta~ so accepted, regardless of Lessor's knowledge of
such preceding default at the time of the acceptance of such Rent.
(b) Time. Time is of the essence ofthis Lease and each and all of its
provisions in which performance is a factor.
(c) Paragraph Headings. The paragraph or section headings of this Lease
are not a part of this Lease and shall have no effect upon the construction or interpretation of any
part hereof.
(d) Successors and Assigns. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
(e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a
short form memorandum hereof may be recorded at the request of Lessor.
(1) Quiet Possession. Upon Lessee paying the Rent reserved hereunder and
performing all of the covenants, conditions, and provisions on Lessee's part to be observed and
performed hereunder, Lessee shall have quiet possession of the Premises for the entire term
hereof, subject to all the provisions of this Lease. The Premises are leased subject to any and all
existing encumbrances, conditions, rights, covenants, easements, restrictions, rights-of-way, and
any matters of record, applicable zoning and building laws, and such matters as may be disclosed
by inspection or survey.
7
Chamber of Commerce
(g) Prior Agreements. This Lease contains all of the agreements of the
parties hereto with respect to any matter covered or mentioned in this Lease and no prior
agreements or understandings pertaining to any such matters shall be effective for any purpose.
No provision of this Lease may be amended or added to except by agreement in writing signed by
the parties hereto or their respective successors in interest. This Lease shall not be effective or
binding upon any party until fully executed by both parties hereto.
(h) Inability to Perform. The time period within which any party is to fulfill
an obligation of such the party under this Lease shall be extended by such time period that any
party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such
inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause
beyond the reasonable control of such party.
(i) Severability. Any provisions of this Lease which shall prove to be
invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof
and such other provision shall remain in full force and effect.
(j) Cumulative Remedies. No remedy or election hereunder shall be deemed
exclusive but shall whenever possible be cumulative with all other remedies at law or in equity.
(k) Choice of Law. This Lease shall be construed under all of the applicable
laws, statutes, ordinances, rules and regulations of the United States, the State of Washington,
County of Kitsap, and the City of Bremerton. In the case ofa dispute between the parties, venue
over such dispute shall be with the Superior Court of Kitsap County, Washington.
(I) Execution. This Lease may be executed in several counterparts, each of
which shall be deemed an original instrument.
(m) Notices. All notices to be given hereunder shall be in writing and shall be
personally delivered and receipt acknowledged, sent by United States certified mail, return
receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by
overnight delivery through public or private service, delivery charge prepaid, and addressed to
the party at the respective mailing address as herein set forth.
To Lessor:
Mayor
City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
To Lessee:
Bremerton Area Chamber of Commerce
286 4th Street
Bremerton, W A 98337
8
Chamber of Commerce
It is understood that each party may change the address to which notice may be sent by giving a
written notice of such change to the other party hereto in the manner herein provided.
(0) Lessee's Corporate Authority. Lessee is a Washington corporation, and
each individual executing this Lease on behalf of said corporation represents and warrants that he
or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in
accordance with a duly adopted resolution of the board of directors of said corporation or in
accordance with the bylaws of said corporation, and that this Lease is binding upon said
corporation in accordance with its terms. Lessee further represents and warrants that it is fully
registered and qualified to do business in the State of Washington.
IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year
first above written.
LESSOR
LESSEE
CITY OF BREMERTON
BREMERTONAREACHAMBEROF
COMMERCE
By: Cary Bozeman
Its: Mayor
By:
Its:
Notaries on Next Page
Remainder of This Page Intentionally Blank
9
Chamber of Commerce
STATE OF WASHINGTON)
) ss.
COUNTY OF KlTSAP )
I certify that I know or have satisfactory evidence that CARY BOZEMAN 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 Mayor of the City
of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in
the instrument.
DATED:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / / .
STATE OF WASHINGTON)
) ss.
COUNTY OF KlTSAP )
I certify that I know or have satisfactory evidence that 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
of the Bremerton Area Chamber of Commerce to be the free and
voluntary act of such Corporation for the uses and purposes mentioned in the instrument.
DATED:
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / / .
R: \Lcgal\F orms\Rcal Estatc\Lcascs\DCD Bui Id ing\.doc
10
Chamber of Commerce
DATE SUBMITTED: October 11, 2006
BILL # 06 - ;;;. 48
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5J'
........................................................................................
SUBJECT: 2006 Budget Adjustment Request
for Equipment Purchases towards the New
Police Building
Committee Meeting Date: November 8, 2006
COUNCIL MEETING Date: November 15,2006
Department: Police
Presenter: Chief Rogers
Phone: 473-5750
SUMMARY: The Bremerton Police Department has been preparing for its relocation to a new
facility for over two years. Part ofthis preparation involved purposely tightening its operating
spending this year with out hindering police services for our citizens or to the detriment of employee
performance. The current budget status reflects the Police Department's good stewardship of the
entmsted operating funds. No major purchases are planned for the remainder of2006. The last
quarter of 2006 work will be completed, but perhaps on a thinner dime.
A TT ACHMENTS: Attached Explanatory Memorandum
FISCAL IMP ACTS (Include Budgeted Amount): $46,000.00 will be moved from the operating budget
accounts and line items into the police capital fund. Funds are available in the existing 2006 budget.
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
l!f
CONSENT AGENDA ~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the requested budget adjustment of$46,000.00 to the
2006 Police capital budget fund in support of equipment purchases for the new Police building.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
h ,__o_,__~~,_,~~".~,,~, ...,. -'_,,,
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I'v1eIllCJa din
BREMERTON POLICE DEPARTMENT
CHIEF I Craig E. Rogers
Cralg.Rogers@Cl.bremerton.wa.us
To: Bremerton City Council President and Its Members
cc: NA
From: Police Chief Rogers
Date: 10/1612006
(II;!!
Re: 2006 Budget Adjustment Request for Equipment Purchases in the New
Police Building
Reference Fund 001/General Fund. The following funding/money amounts will be
taken from the following accounts and transferred to a police capital fund. This
funding will be used for equipment purchases towards the new Police building:
$5,000.00 - 521.1020.54910
$5,000.00 - 521.2120.54910
$20,000.00 - 521.2220.53510
$5,000.00 - 521.2320.54910
$5,000.00 - 521.3020.54910
$3,000.00 - 521.2120.53110
$3,000.00 - 521.1020.54300
The total dollar amount ofthe adjustment request is $46,000.00.
The Bremerton Police Department has been preparing for its relocation to a new
facility with the realization that allocated bond funding would not provide all the
required equipment. Throughout 2006 the purchasing of supplies and equipment has
been curtailed in anticipation of new building needs. The current budget status
reflects the Police Department's good stewardship to conduct business with the
entrusted operating funds. The pre-planning also assures that the last quarter of
2006 work will be completed with in the current budget.
Request favorable consideration on the agenda bill for the budget adjustment.
Bremerton Police Department Lab Equipment Upgrades for new Police Station
---
~,,.
I
Current forensic workstation
New workstation - Sirchie AC648A
I Forensic Workstations - Old & New I
Page 1 of 4
Bremerton Police Department Lab Equipment Upgrades for new Police Station
--
a
Current fuming chamber - homemade
New fuming chamber - Sirchie CAS 48
Fuming Chambers - Old & New
Page 2 of 4
Bremerton Police DepartInent Lab Equipment Upgrades for new Police Station
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Current Evidence Lockers - homemade plywood construction
,
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New evidence lockers - Sentinel metal
lockers
Evidence Lockers - Old & New
Page 3 of 4
Bremerton Police Department Lab Equipment Upgrades for new Police Station
Current: No professional drying
cabinet. Technicians currently hang
items to be dried (example - bloody
clothing) over butcher paper in a
locker or in the open.
Drying cabinet - Sirchie ACEVD60A
Drying Cabinets - Old & New
Page 4 of 4
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 06 - d- q, Cf
5K
DATE SUBMITTED: September 12, 2006
........................................................................................
SUBJECT: Mobile Computer Terminal
Purchase Using the Cooperative Purchasing
Agreement
Committee Meeting Date: November 8, 2006
COUNCIL MEETING Date: November 15,2006
Department: Police
Presenter: Tim Sholtis
Phone: 473-5277
SUMMARY: The Cooperative Purchasing Agreement allows the City of Bremerton to purchase
mobile computer tenninals for police vehicles using a consortium contract with the City of
Lynnwood, its Police Department, and other jurisdictions in Snohomish and King Counties. The
agreement is with DATEC Corporation from Seattle, Washington. The price is $46,548. for 12
mobile computers. These 12 are the last mobile computer purchase under the COPS MORE
technology grant.
ATTACHMENTS: The Cooperative Purchasing Agreement
IT Price Quote, dated August 7, 2006
The City of Lynnwood ContraCt Extension Request and Terms
FISCAL IMPACTS (Include Budgeted Amount): $46,548.00 will be charged against the funds
provided under the COPS MORE 2002 federal technology grant. These expenditures are included in
the adopted 2006 budget.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
~\ lo.Jo..~...K ~ t)\ ~~..,..~
FISCAL/BUDGET:
OPERA nONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the mobile computer terminal puchase for
$46,548.00 using the Cooperative Purchasing Agreement with the City of Lynnwood and authorize
the Mayor to execute same.
COUNCIL ACTION: D Approve D Deny D Postpone D No Action
AGENDA STATUS:
Consent
New Business
Old Business
Ordinance
Resolution
Public Hearing
Information
Shldy Session
06/10/2003 TUE 9:34 FAX
~ 002/002
06/10/2003 07:32
3504785200
PAGE 82/82
COOPERATIVE PURCHASING AGRfOEME{;IR I G / Ii ,
, ivAi
!rI accordance with Flew Chapter 39.34 and to all other applicable laws, The City of
('" ,-,
Lynnwood and the _ ..~~. of c,.'i.cl'.............(A' .hr--v-,) ,hereby agree to
cooperative governrnenta purchasing agreement for various supplies, matenals,
, equipment and services) using competitively awarded contracts. The following terms
and conditions:
1. Each agency, In contracting for the purchase of supplies, materials, equipment and
services, agrees; at its discretion, to eXtend contracts for shared use to the extent
permitted by law and agreed upon by those parties and vendors.
2. Each agency is responsible for compliance with any additional or varying laws and
. regulatIons regarding purchases.
3. Any purchases ;~hall be affected by a purchase order irom the purchasing agency
and directed to 'lhe'vendor(s).
4. The originating contracting agency does not accept responsibility or liability Tor the
performance of any vendor used by the purchasing agency as a result of thls
agreement.
5. Each agency shall be responsible for the, payment of any item(s) purchased through
a contract Dr purchase order that resulted trom this Agreement.
6. This Agreement shall remain in force until cancelled in writing by either party.
Accepted forlhe p~erlon:
.P~
L---t.-, t, J --
By:_ I "'~/ ;;.
/ r-)
Name: t:- tffiJ' P.tY 2-~
/J1;?'J~
6ft?~3.
I /
City of Lynnwood:
By;
\.
Name:
}
M A-na; /--IJd< &
Title: JW~~ ~ e 1rtf!rtte/5 wor-
Dale: b /eft
Title:
Date:
Page 1 of2
Bill Eley
From: Timothy Sholtis
Sent: Monday,August 28,20068:35 AM
To: Bill Eley
Cc: James Burchett
Subject: RE: New Mlntel Core Duo T2400 1.83Ghz CentrinoCTs
Bill,
Thank you. The dollar amount with the three warranty is just over $46,548.00 for
12 units. I too budgeted for new mounting brackets even though these units are
gOing to replace the oldest models which are in their fifth year or better.
I used the three year warranty, it is a difference of $4440.00. The number of
laptops purchased depends on the final cost of the site installations. We need to
purchase more IjLEADS licenses too.
What is WSST?
Regards,
Tim Sholtis
From: Bill Eley
Sent: Monday, August 07,2006 12:03 PM
To: James Burchett
Cc: Timothy Sholtis
Subject: New Mlntel Core Duo T2400 1.83Ghz CentrinoCTs
Jim,
I have obtained a quote for new MCTs as per Tim's request. I would recommend
the Panasonic Toughbook CF74 configured as follows:
Intel Core Duo T2400 1.83Ghz Centrino
13.3" Transmissive XGA Touch Screen
1GB RAM
80GB HOD
56K Modem
Ethernet
Intel 802.11 a+b+g
OVD/CORW
AC Adapter
Lithium Ion Battery
Windows XP SP2
3 Year Limited Warranty
10/6/2006
Page 2 of2
In addition to the above I would recommend an additional no fault warranty (3yr &
4yr prices supplied). I'm not sure what vehicles these are going in and I am
including a price for mounting hardware in a new vehicle. I'm not sure if they are
compatible with existing mounting hardware if they are to be used in an existing
vehicle.
Base Price $2854.00
3yr no fault warranty $250.00
4yr no fault warranty $620.00
Mounting hardware $775.00
You may want to consider a unit like this (excluding mounting hardware) for the
Orion tracking system laptop.
If you have any questions, please contact me.
Bill
Bill Eley, IT Manager
City of Bremerton
345 6th Street, Suite 600.
Bremerton, WA 98337-1873
(360) 473-5293
10/612006
(
(
\, .
1lL!!1.r:~~
.Panasonic@
.Computer Solutions Company.
CilntractExtension ReQuest
September 21;2006
Gary Kaufmann,CP.M.
Buyer .. .... .. ..
Purchasing & Contracts Division
Lynnwood City Hall .. '..
2052560th Ave W.
Lynnwood,WA98036..
Direct Ph.: (425) 670,.6279
Fax: (425) 778-5632 .
Dear Gary,
The City ofLynnwoodcontraCthasbeen a beneficial procuremeptvehicIe for the City of
Lynnwood, and several other agencies through ounhe NWRegion. Panasonic makes. periodic
changes .totheirManufacturersSuggestedHetail Pricing. for mostof.their SKU's,on.a regular
bas.is: It isnecessaryfor Datecto review these changes with the City, as i(pertains 10 the annual
renewalclauseofthecontracLlam.happy to report that, at this lime, and for the specified models
of equipment, our pricing discounis will not be reduced, orin other words, will remain at the same
level as the renewal in 2005. Thisis in spite of many MSRPpricereductions thalPanasonic has
announcedinthepast year. The following. table reflects per<:entages off .current MSRP. Taxes
andshipping charges. arenotincludediri these discounts; and mayappiyto each order.
To avoid obsoleting this contract renewal,.itisnecessary to add new model laptops (CF-30, CF-
19, .CF-08) to this contract:! have iricluded atable for the related discounts. to be entered once
the products are shipping. in. addition, 'I.haveproposed adding SOme additional MDC-related
items such as mounting hardware and non-Panasonic manufactui'edaccessories..
. '- - -- " -.
SpecifYPanasollicPricing (Discounts below Panasonic retaiLpriceiist ineffectlhe day each
Purchase Order is received):
Panasonic Laptop Accessories:
Panasonic manufacturers laptop accessories foraU models
named above.
. Field TechnicalSer'liCes
Includes: Mobile installations, pre~sales
. en ineerin
GaniberJohnson Mounting. Hardware
LedCo Mounting Hardware
Mobile Antenna Products
15% below retail
Panasonic Arbitrator Mobile Digital Video
Equipment .
Please let me knowif these changes are acceptablebysigningandreturning a copy of
this Contract Extension Request with your mandatory expIry date....
If I can answer any additional questions, please do not hesitate to contact meat 206-465-
3387. .
This contractextension#validuritil . ~f o.,iLDb'-1
Renewable after? Y or@ (circle one)
Bob Stein
Director - Mobile Solutions
Datec;Jnc.
364 Upland Drive
SeattleWA98188
800"525-9905
Accepted By:
j)"e 1/:>rd.{jJ.f(,I-"~ .
Gary auflnan.. .. . . ..
Senior Buyer
City of L yruiwood, W A
Dateq - 2. '2,.bt-,
Approved by:
M,~~
. ..
DATE SUBMITTED:
BILL # () to - ;;< 5 0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5L
........................................................................................
SUBJECT: Resolution # 20 l!:/
Approving the Transfer of Real Property to
the Washington State Department of
Transportation.
Committee Meeting Date: November 8, 2006
COUNCIL MEETING Date: November 15,2006
Department: PW &U, Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The WSDOT is planning for the construction of the Downtown Bremerton
Pedestrian/BTC Access Improvement Project. As part of the Sundry Site Plan for the Bremerton
Transportation Center, WSDOT has requested the City transfer a 333 square foot parcel of vacated 15t
Street to incorporate into their site. This parcel has no inherent value to the City. The proposed
resolution authorizes the transfer of property to the WSDOT.
ATTACHMENTS: 1. Council Summary 2. Resolution 3. Aerial Photo Exhibit
FISCAL IMP ACTS (Include Budgeted Amount): No impact
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
~
CONSENT AGENDA .r.1r
FISCAL/BUDGET:
OPERA TrONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass Resolution # 0 \ approving the transfer of real
property to the Washington State Department of Transportation and authorizing the Mayor to finalize
and execute a Quit Claim Deed and all other documents related to the closing of this transaction.
COUNCIL ACTION: D Approve D Deny D Table
Ab, Agenda Bills 2006, Transfer of Real Prop to WSDOT
D Continue D No Action
COUNCIL SUMMARY
PROPERTY TRANSFER TO WSDOT FOR BTC
Historv
The Washington State Department of Transportation (WSDOT) is planning for the
construction of the Downtown Bremerton PedestrianJBTC Access Improvement Project.
The project will construct a westbound tunnel from the Bremerton Transportation Center
(BTC) at 151 Street and Washington A venue to an exit on Burwell Street just east of Park
A venue. Included in the project are new sidewalks, crosswalks, signals, lighting and
other surface improvements, along with the City's Pacific Avenue Combined Sewer
Outfall (CSO) project.
As part of the Sundry Site Plan for the BTC, WSDOT has requested the City transfer a
333 square foot parcel of vacated 151 Street to incorporate into their site.
Fiscal
It is proposed to transfer the property to WSDOT without compensation for the following
reasons:
. The City of Bremerton received this parcel as part of the vacation of 151 Street for
the original construction of the BTC terminal. No City monies were expended to
receive the parcel.
. The City will derive a mutual benefit in cost savings through economies of scale
and other efficiencies by incorporating the Pacific Avenue CSO work into the
larger WSDOT project.
. This very small parcel has no inherent value to the City.
RESOLUTION NO.
30 \ 4-
A RESOLUTION of the City Council of the City of
Bremerton, Washington, declaring certain property, consisting of
approximately 333 square feet, surplus to the City's needs and
approving a conveyance of the property in accordance with the
provisions of BMC 2.78.010.
WHEREAS, the City acquired a portion of 1st Street right of way when the
roadway was vacated in 2000 for construction of the Bremerton Transportation Center (BTC)
consisting of approximately 333 square feet, more particularly described in Exhibit A; and
WHEREAS, the City has expended no monies to receive the parcel; and the BTC
has had continuous use of the property since being conveyed to the City; and
WHEREAS, the City has no current or future plans for the property; and
WHEREAS, BMC 2.78.010(c) provides that if the real property has value only to
an abutting owner of land, the City shall notify the abutting owner that the property is for sale
and allow them an opportunity to submit an offer to purchase the property and/or match any offer
presented; and
WHEREAS, the abutting property owner is the Washington State Department of
Transportation (WSDOT) and they have expressed a desire to incorporate the property into the
BTC Site Sundry Plan; and
WHEREAS, the City Council has determined that this property is not utility
property and is surplus to the City's needs; and
WHEREAS, the property has no inherent value to the City; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The property legally described in Exhibit A is hereby declared
surplus to the City's needs and approved for transfer to WSDOT pursuant to BMC 2.78.010.
SECTION 2. The property shall be transferred by Quit Claim Deed, with no
compensation due for the property transfer.
SECTION 3. The Mayor is hereby authorized to finalize and execute any and all
documents, including but not limited to quit claim deeds and real estate excise tax affidavits,
necessary to complete the transaction.
Surplus and Transfer of Property to WSDOT
For Site Sundry Plan at BTC
SECTION 4. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
of
PAS SED by the City Council of the City of Bremerton, Washington this
,2006. .
day
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
PAULA JOHNSTON, City Clerk
R:\Legal\Legal\Resolutions\Public Works\Surplus & Transfer to WSDOT.doc
2
Surplus and Transfer of Property to WSDOT
For Site Sundry Plan at BTC
EHIBIT A
LEGAL DESCRIPTION
Those portions of 1 sl Street (formerly Front Street) of the Plat of the Town of Bremerton,
as recorded in Volume 2 of the book of plats, Page 30, records of Kitsap County,
Washington, situate in Government Lot 1, Section 24, T. 24 N., R. 1 E., Willamette
Meridian, Kitsap County, Washington, lying east of the easterly right of way for
W ashington Avenue, and southerly of a line more particularly described as follows:
Beginning at the centerline intersection of Pacific Avenue and said 1 sl Street; thence east
along the centerline of said 1 sl Street S 88024' 32" E 329.63 feet to the centerline
intersection with Washington Avenue and the True Point of Beginning; thence leaving
said centerline, S 88024'32" E 26.37 feet; thence S 13034'15" E 18.74 feet to the
intersection with the easterly right of way of said W ashington Avenue; thence continuing
S 13034' 15" E 10.43 feet; thence on a curve to the left, the center of which bears N
76025'45" E 157.00 feet, through an angle of 14038'18", an arc length of 40.11 feet;
thence S 28012'33" E 41.84 feet; thence S 29013'24" E 106.47 feet; thence S
29012'05"E 50.69 feet; thence S 45049'54" E 115.55 feet to the Inner Harbor Line and
the Terminus.
EXHIBIT FOR
PARCEL TRANSFER
TO WSDOT
PORTION OF
SEC. 24 T. 24 N.
; R. 1.E., WM.
. :-JI. i CITY OF BREMERTON
10/31/06
S.J.
DATE SUBMITTED: October 23, 2006
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # tJ6 - d.5 /
511\
.a........................................................a.............................
SUBJECT: Purchase of 2 vaults from
Hanson Pipe & Products Inc. for replacement
of vacated fire pump test pit at old Capital
Hill Fire Station.
Committee Meeting Date: November 8, 2006
COUNCIL MEETING Date: November 15,2006
Department: PW&U, Streets
Presenter: Bob Tul
Phone: 473-5357
SUMMARY: Staff recommends the purchase of2 vaults in the amount of$29,500.00to replacethe
fire pump test pit, being vacated from the old Capital Hill Fire Station.
ATTACHMENTS.: Quote from Hanson Pipe and Products Inc.
FISCAL IMPACTS: This is in the approved budget of the 102 Fund for 2006
APPROVALS: '~'I .>I /
DEPARTMENT DIRECTORf/;7A / ) JIU{~
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Mil
CONSENT AGENDA GAL /
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve purchase of 2 vaults from Hanson Pipe &
Products Inc.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
. . ~--"'1
HANSON PIPE
Fax:2534714747
Sep 29 2006
8:22
P. 01
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4601 South orchard Street. TACOMA, WA 98%6. 1_800-922-5338.253-<<7$-8886 . fAX 253-471-4747
:TO: ~hris @ City of Brernerton
360~413~ 2316
. 360-473-5360 Fax
PROJECT: Flush Tanks' .
BremertQn, VII A
BID DATE:
WE AREP~EASED TO PRESENT THIS QUOTATION, SUBJECT TO 1liE TERMS AND CONomONS ON BOTH SIDES HEREOF, FOR.
_ . ... . MATERIALS llSfED aELOW FOR. USE IN CONSTRUCTION OF 1liE SUBJECT PROJECT.
"-~'~-"~--"'--'-'.""'" ..... ....
: . ITEM
..,. NO:
QTY U 1M
PRODUCT DESCRIPTION
UNIT
PRICe
EXTENDED
PRICE
l.
EA
818-11-02 Vault w/lea 36"x36" & 1ea 36"X72.". . $13,555.00 $27,110.00
H-2,O Galvanized Steel Hatch .
CONTRACTOR TO PROVIDE RIGGING,
UN.LOAD AND SETVAUl.T
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::HH...... /HJ.8 QtJDTIi- f.fA-s. ~
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evr 51.ft-fV2JI wl w~f4r~.
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ftTlJ" R{44tV\ JJ3 4
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TERMS.: This offer is capable of aCl;:eptance withirl thirty (30) days. Acceptanl;:e shall be in writing only;
no verbal al:ceptanl;:e shall be recognized. EffECT OF TERMS AND/OR CONDITIONS IN BOYER'S
ACCEPTANCE: Through this provision Seller expresslY limits Buyer's acceptance of this offer to the terms
and conditions i.'lppe~rlng in this offer. Any terms and/or conditions appearing in Buyer's acceptance
whi<::h ,are additional tQ or different from the terms and/ or I;:onditions appearing in this offer will not
. become part of the contract between Seiter and Buyer.
.ACCE~XEO:lf>lACCOROANCE WITH ACCOMPANYING
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BY:
TITLE:
DATE:
l1anson..pipe and Products, Inc.
Jeff Case.
Sales Representative.
October Z5t 2.005
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DATE SUBMITTED: October 23,2006
BILL # 6 b - ~ 5 .=t.....
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5N
........................................................................................
SUBJECT: Approval of utility easements,
Equipment Transportation Agreement, and
Schedule 74 Underground Conversion
Agreement
Committee Meeting Date: November 8, 2006
COUNCIL MEETING Date: November 15, 2006 /',
Department: Public Works & Utilitie/ 1
Presenter: Bob Tulp ..... &. L.../ fI,..?
Phone: 473-5753 ~
SUMMARY: The proposed easements, Equipment Transportation Agreement and Schedule 74
Underground Conversion Agreement provide terms for converting the aerial utilities to underground
in the alley adjacent to the Admiral Theater.
ATTACHMENTS: Proposed Easements; Proposed Equipment Transportation Agreement; Proposed
Schedule 74 Underground Conversion Agreement
FISCAL IMPACTS (Include Budgeted Amount): Total project cost of the undergrounding
requested by the City is estimated to be $141,000. PSE would pay 60% of the eligible costs under the
Schedule 74 Tariff, approximately $74,000, leaving the City of Bremerton's share approximately
$67,000. The adjacent property owner, who will also benefit from the project, will contribute (j
appro~ilIlate,1~ $49,400: !he resu1En~_! to th~ City will be ,approximately $18,000. ~~ \=-.3 W 0
eN-"t.OQG \~ 5vW'c.\e.."....-\- .ro~';." \~. . G.'-......s \,Q'I"~<J-' \J. I
APPROVALS: (-4' '-)'^'- "t. IQ l.
DEPARTMENT DIRECTOR: \.~- . .~ / /"
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA .~
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: ROW Oepartment
6522 Klt..p Way
Bremerton, WA 98312
EASEMENT
REFERENCE #:
GRANTOR: CITY OF BREMERTON
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: PTN. SW-SW-13-24N-41E
ASSESSOR'S PROPERTY TAX PARCEL: 3718-416-421-4008
For and in consideration of One Dollar ($1.00) and other valuable consideration In hand paid, CITY OF
BREMERTON, a Washington Municipal Corporation ("Grantor" herein), hereby conveys and warrants to
PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set
forth, a nonexclusive perpetual easement over, under, along across and through the following described real
property ("Property" herein) In K1TSAP County, Washington:
THE EAST FIVE FEET OF LOT 21, AND LOTS 22 THROUGH 25 INCLUSIVE, BLOCK HI,
BREMERTON, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS
OF KITSAP COUNTY. >
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as follows: ,
)I.R l!aSeRleRt ^ Fea feet IR v,'iElth "'a\'iR!l feet of SIlSR "~EltR OR easR slEle of a seRteFlIR8
ElesslilleEl as f9118".I8>
THE NORTH FIVE (5)FEET OF THE WEST (5) FEET OF THE ABOVE DESCRIBED
REAL PROPERTY.
1. Purpo.e. Grantee shall have the right to use the Easement Area to construct, operate. maintain, rapair,
replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale
of electricity. Such systems may Include, but ara not limited to:
Underground facllltl... Conduits, lines, cables, vaults, s"ritSRM aREllRIR8fel'Rl8Fe for electricity;
fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground.
mounted facilities and pads, manholes, metera, flxtures, attachments and any and all other facilities
or appurtenances necessary or convenient to any or all of the foregoing.
Following the initial constructlon of all or a portion of its systems. Grantee may, from time to time, construct such
additional facilities as It may requlra for such systems. Grantee shall have the right of access to the Easement Area
over and across the Property to enable Grantee to exercise Its rights heraunder. Grantee shall compensate Grantor
for any damage to the Property caused by the exercise of such right of access by Grantee.
2. Ea..ment Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of
any and all brush, traes or other vegetation in the Easement Area. Grantee shall also have the right to control, on a
continuing basis and by any prudant and raasonable means, the establishment and growth of brush, trees or other
vegetation in the Easement Area.
3. Grantor'. U.e of Enement Area. Grantor reserves the right to use the Easement Area for any purpose
not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any
buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of
Grantee's facilities without Grantee's prior written consent.
4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result
of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require
Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the
negligence of athens.
5. Abandonment. The rights herein granted shall continue until such lime as Grantee ceases to use the
Easement Area for a period of flve (5) successive years, in which event, this easement shallterrninate and all rights
hereunder, and any improvements remaining In the Easement Area, shall revert to or otherwise become the property
of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's
failure to initially install its systems on the Easement Area within any period of time from the date hereof.
UG Electric 1012003
..WONO>>
i h":d. . T~.:l\. (. I rF.
6. Succe..ors and Asslgna. Grantee shall have the right to assign, apportion or otherwise transfer any or
all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of
the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon thair
respective successors and assigns.
DATED this
day of
,2006.
GRANTOR:
CITY OF BREMERTON, a Washington Municipal Corporation
BY:
ITS:
(TITLE)
STATE OF WASHINGTON )
) SS
COUNTY OF )
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
. to me known to be the person who signed as
(title) of the City of Bremerton, the municipal corporation that
executed the within and foregoing Instrument, and acknowledged said instrument to be (hlslher) free and
voluntary act and deed and the free and voluntary act and deed of the City of Bremerton for the uses and purposes
therein mentioned; and on oath stated that _(he/she) was authorized to execute the said instrument on behalf
of said the City of Bremerton.
GIVEN under my hand and official seal this hereto affixed the day and year In this certificate first above written.
( Signature of Notary )
( Print name of Notary )
NOTARY PUBLIC In and for the State of
Residing at
My appointment expires
Notary Seal
RETURN ADDRESS:
Puget Sound Energy, Inc.
Altn: ROW Department
6522 Kltsap Way
Sremerton, WA 98312
EASEMENT
REFERENCE #:
GRANTOR: CITY OF BREMERTON
GRANTEE: PUGET SOUND ENERGY, INC.
SHORT LEGAL: PTN. SW-SW.13-24N~1E
ASSESSOR'S PROPERTY TAX PARCEL: 3718~16~12~009
For and in consideratton of One Dollar ($1.00) and other valuable consideration in hand paid, CITY OF
BREMERTON, a Washington Municipal Corporation ("Grantor' herein), hereby conveys and warrants to
PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set
forth, a nonexclusive perpetual easement over, along, across and through the following described real property
("Property" herein) in KITSAP County, Washington:
THE EAST TEN FEET OF LOT 12, AND LOTS 13 THROUGH 18 INCLUSIVE, BLOCK 18. BREMERTON,
AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF K1TSAP COUNTY, WASHINGTON.
Except as may be otherwise set forth heraln Grantee's rights shall be exercised upon that portion of the Property
("Easement Area" herein) described as tollows:
AA l!a~amaAt .4.1'98 feet iA width RaviA!! feat af 811GR '.'JIElUl eA aasR slEla af a saAtaFliA8
sessFi9aEl a8 felle!fJo:
THE NORTH FIVE (5) FEET OF THE EAST ONE.HUNDRED (100) FEET OF
THE ABOVE DESCRIBED REAL PROPERTY.
1. Purpo... Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair,
replace, improve, remove, and enlarge for one or mons utility 8ystems for purposes of transmission, distribution and
sale of electricity. Such systems may Includa, but ans not limited to:
Pele8, tau'8Rl aAEI aUler slIppaR SIFWsWl'9S witA crossanns, braces, !!IIYS aAE! aASReRl; electric transmission
and distribution lines; fiber optic cable and other 'IInes, cables and facilities for communications;
tFaA8feFmeRl, slF9alliljR18, mataRl, 111<<111'98, altaGRmeA18 aAEI aAY and all othar facilities or appurtenances
nacessary or convenient to any or all of the foregoing;
Following the initial construction of all or a portion of its systems, Grantae may, from time to lime, construct such
additional facilities as it may nsquire for such systems. Grantee shall have the right of access to the Easement Ansa
over and across the Property to enable Grantea to exercise its rights hereunder. Grantee shall compensate Grantor
tor any damage to the Property caused by the exercise of such right of access by Grantee.
2. Ea.ement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose
of any and all brush, trees or other vegetation In the Easement Area. Grantee shall also have the right to control, on
a continuing basis and by any prudent and nsasonable means, the establishment and growth of brush, trees or other
vegetation in the Easement Area.
3. Tree. Outside Ea.sment Area. Grantee shall have the right to cut, trim remove and dispose of any
trees located on the Property outside the Easement Area that could, in Grantee's sole judgment, interfere with or
create a hazard to Grantee's systems. Grantee shall, prior to the exercise of such right. identify such trees and
make a reasonable effort to give Grantor prior notice that such trees will be cut, trimmed, removed or disposed ot
(except that Grantee shall have no obligation to identify such trees or give Grantor such prior notice when trees are
cut, trimmed, removed or otherwise disposed of in response to emergency conditions). Grantor shall be entitled to
no compensation for trees cut, trimmed, removed or dispOSed ot except tor the actual market value ot merchantable
timber (it any) cut and removed from the Property by Grantee.
4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area tor any
purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain
any buildings. structures or other objects on the Easement Area and Grantor shall do no blasting within 300 teet ot
Grantee's tacilities without Grantee's prior written consent.
5. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a
result of Grantee's negligence in the exercise ot the rights herein granted to Grantee. but nothing herein shall reqwre
Grantee to indemnify Grantor tor that portion of any such liability attributable to the negligence of Grantor or tho
negligence of others.
OH E'ectric E"sement '0/2003
,,'hONG,,)
,. I '~-f: \ I .. I ;'Y"
6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the
Easement Area for a period of five (5) successive years. in which event. this easement shall terminate and all rights
hereunder. and any improvements remaining in the Easement Area, shall revert to or otherwise become the property
of Grantor; provided, however. that no abandonment shall be deemed to have occumad by reason of Grantee's
failure to initially install its systems on the Easement Area within any period of time from the date hereof.
7, Succes.o/"l and Assign.. Grantee shall have the right to assign, apportion or otherwise transfer any
or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the
generality of the foregoing, the rights and obligations of the parties shall Inure to the beneflt of and be binding upon
their respective successors and assigns.
DATED this
day of
,2006.
GRANTOR:
CITY OF BREMERTON, a Washington Municipal Corporation
BY:
ITS:
(TITLE)
STATE OF WASHINGTON )
) 55
COUNTY OF )
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
, to me known to be the person Who signed as
(title) of the City of Bremerton, the municipal corporaUon that
executed the within and foregoing instrument, and acknowledged said instrument to be (his/her) free and
voluntary act and deed and the free and voluntary act and deed of the City of Bremerton for the uses and purposes
therein mentioned; and on oath stated that _(he/she) was authorized to execute the said Instrument on behalf
of said the City of Bremerton.
GIVEN under my hand and official seal this hereto affixed the day and year In this certificate first above written.
( Signature of Notary )
( Print name of Notary )
NOTARY PUBLIC In and for the State of
Residing at
My appointment expires
Notary Seal
EQUIPMENT TRANSPORTATION AGREEMENT
This agreement is made and entered into this day of , 2006 by
and between Puget Sound Energy, Inc., a Washington Corporation, hereinafter referred to as "Puget
Sound Energy," and City of Bremerton, a Washington Municipal Corporation, hereinafter referred to as
the "City."
WITNESSETH:
WHEREAS the City is undertaking a Schedule 74 electric utility undergrounding project in conjunction
with Puget Sound Energy about and around the real property legally described as follows:
LOTS 26 THROUGH 29 INCLUSIVE, BLOCK 16, BREMERTON, AS RECORDED IN
VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON.
WHEREAS, the City desires that Puget Sound Energy installs transformer(s), cable(s), switch(es), and
any other necessary appurtenances, hereinafter referred to as "Equipment", within a building
("Building") located on the real property described above in a location inaccessible to Puget Sound
Energy's mobile crane; and
WHEREAS, Puget Sound Energy is not equipped to transport the Equipment to and from the City's
desired location; and
WHEREAS, this Agreement is for the benefit of th~ City, permitting the City to save substantial cost in
Building wiring by locating the power supply points closer to the Building loads; that Puget Sound
Energy derives absolutely no benefit from this Agreement, and Puget Sound Energy entered into this
Agreement, solely for the benefit of the City;
NOW THEREFORE, it is mutually agreed as follows:
1. Delivery and Installation.
1.1 Puget Sound Energy shall deliver the Equipment onto the street area adjacent to the
Building at the location which the City shall designate, and which is accessible to Puget Sound Energy's
mobile crane. When possible, reasonable notice shall be given the City prior to delivery and all work
shall be performed during normal working hours.
1.2 The City or its designee shall immediately move the Equipment to the City's desired
location. Any damage to the Equipment which occurs after it is delivered to the Building and during the
transportation by the City, and any additional expense incurred as a result of said damage, shall be paid
by the City.
1.3 Puget Sound Energy shall be present during the transportation of the Equipment, and
shall thereupon proceed with all the necessary electrical connections.
1.4 The City or its designee shall remove all walls, doors, sills, Building fixtures, carpets,
etc.as necessary to provide a clear route for the transport of equipment as described above.
2. Replacement and/or Removal. In the event it is necessary to remove the Equipment for
replacement or any other purpose, Puget Sound Energy shall provide replacement Equipment.
Installation and delivery of replacement Equipment, and removal of the Equipment shall be made in
accordance with the terms of Section 1, above, and the following:
2.1 Puget Sound Energy shall disconnect the Equipment, and the City will assume
transportation responsibility.
2.2 The City or its designee shall thereupon transport the Equipment to a location outside the
Building which is accessible to Puget Sound Energy's mobile crane.
2.3 Thereupon, Puget Sound Energy shall remove the Equipment from the location
accessible to Puget Sound Energy's mobile crane.
Agreement and Easement for Electric System I Equipment Transportation Agreement
105039861
3. Delavs. Any delays on the part of the City may subject the Building or other property to the loss of
electric service. Puget Sound Energy shall not be responsible for claims or damages resulting from said
delays or loss of electric service, or any other claims for damage of any kind whatsoever incurred as a
result of the loss of said electric service.
4. Damaae to Eauioment. The City hereby accepts full responsibility for any damage to the
Equipment while under the City's control and agrees to furnish to Puget Sound Energy, prior to the
performance of the activity contemplated by this agreement, satisfactory evidence of self insurance.
5. Indemnitv. The City shall defend, indemnify, and hold harmless Puget Sound Energy, its agents,
employees and assigns from and against all claims, losses and expenses, including but not limited to
attorney's fees, arising out of or resulting from the City's transportation of the Equipment pursuant to the
terms of this agreement. Upon notice by Puget Sound Energy to the City of any claim or
commencement of any legal action arising from such transportation, the City will defend the same at its
sole cost and expense and will fully satisfy any judgment after said suit shall have been finally
determined, if adverse to Puget Sound Energy. Nothing else in this Agreement shall absolve the City of
this responsibility. City shall not be so obligated, however, with respect to claims, losses, expenses, or
legal actions resulting from the sole negligence of Puget Sound Energy.
6. Successors and Assians. The rights and liabilities under this Agreement shall run with the land. A
violation of this Agreement shall be enforceable at the suit of the City, their successors and assigns
(assigns including any person or persons subsequently deriving title to the Building from the City).
CITY OF BREMERTON, a Washington Municipal Corporation:
BY:
ITS:
(TITLE)
PUGET SOUND ENERGY, INC., a Washington Corporation
BY:
Steven R. Botts, Real Estate Representative
Agreement and Easement for Electric System I Equipment Transportation Agreement
105039861
STATE OF Washington
COUNTY OF Kitsap
)
) SS
)
On this _ day of , 2006, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and swom, personally appeared
, to me known to be the person who signed as
(title) of The City of Bremerton, the municipal corporation
that executed the within and foregoing instrument, and acknowledged said instrument to be (his/her)
free and voluntary act and deed and the free and voluntary act and deed of The City of Bremerton for the uses
and purposes therein mentioned; and on oath stated that _(he/she) was authorized to execute the said
instrument on behalf of said The City of Bremerton.
GIVEN under my hand and official seal this hereto affixed the day and year in this certificate first above written.
( Signature of Notary )
( Print name of Notary )
NOTARY PUBLIC in and for the State of
Residing at
My appointment expires
Notary Seal
STATE OF WASHINGTON )
)SS
COUNTY OF )
On this day of , 2006, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and swom, personally appeared Steven R. Botts, to me
known to be the person who signed as Real Estate Representative of PUGET SOUND ENERGY, INC., that
executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act
and deed and the free and voluntary act and deed of PUGET SOUND ENERGY, INC., for the uses and purposes
therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said of
PUGET SOUND ENERGY, INC.,
GIVEN under my hand and official seal this hereto affixed the day and year in this certificate.first above written.
( Signature of Notary )
( Print name of Notary )
NOTARY PUBLIC in and for the State of Washington
Residing at
My appointment expires
Notary Seal
Agreement and Easement for Electric System I Equipment Transportation Agreement
105039861
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: City of Bremerton - 6th & Pacific Avenues
Project Number: #101035243
THIS Agreement, dated as of this _ day of ,200_, is made by and
between City of Bremerton, a Municipal Corporation (the "Government Entity"), and PUGET SOUND
ENERGY, Inc., a Washington Corporation (the "Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area") with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreementdatedas'of June 12,2006;(the "Design Agreement"), pursuant to which the parties completed
certain engineering design, cost assessment, operating rights planning and other preliminary work relating
to the.Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion.Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74. .
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Definitions.
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following: .
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
Construction Agreement. Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 1
Order #101035243
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6. below.
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project Plan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being rep'laced.
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government-Requested Upgrade.
(i) "Party" shall mean either the Company, the Government Entity. or both.
m "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located. as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A. as the same may be changed and amended from time to time in
accordance with Section 6. below. The Project Plan includes. among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii) the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared GovernmentCosts, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(I) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any. incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 2
Order #101035243
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(0) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the Conversion Project; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement. ..
(q) "Shared Government Costs'~shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i)any.ductand vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company. .
(r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) 'Work" shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) 'Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obliqations of the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 3
Order #101035243
i) furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii)an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground Service Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obliaations of the Government Entitv.,
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work"):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards) with the
Underground Distribution System or the installation or maintenance thereof. Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and the
Government Entity shall be responsible for the coordination of the design and installation of the
facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i) the Government Work completed to date, (ii) the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 4
Order #101035243
(e) Subject to the terms and conditions of this AgreerTlent, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule.
5. Location of Facilities.
All facilities. of the Company. installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74; as specified by the Parties in the Project Plan.
6. Chanaes.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the Objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost,
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 5
Order #101035243
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Pavment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Private Conversion Costs, if any;
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (Le.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade.
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 6
Order #101035243
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation' and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the CompanyStatement.
8. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by o(arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 7
Order #101035243
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons' and entities' Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any disputethatis not resolved within ten (10) business
days of. the ,date the disagreement was first raised by written notice shall be referred by the.
Parties' representatives in writing to the senior management of the Parties for resolution. In the
eventthe seniormanagement are unable to resolve the dispute within twenty (20) business days
(or such other period as the: Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations'
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations .for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require. as part of his or
her decision. reimbursement of all or a portion of the prevailing Party's costs and expenses
(including. but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing. the Parties shall continue to perform their
respective obligations under this Agreementduring the pendency of any dispute.
Construction Agreement. Attachment "S" to Schedule 74,
City of Sremerton - 6th & Pacific Avenues
Page 8
Order #101035243
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. Insurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $1,000,000 per
occurrence and $2,000,000 aggregate for personal injury; and $1,000,000 per occurrence/
aggregate for property damages, and professional liability insurance in the amount of $2,000,000.
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a); above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Aqreement Subiect To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any term ination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15.000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 9
Order #101035243
(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Independent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Riqhts or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed, as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement issubject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
G) No Partnershio. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 10
Order #101035243
(I) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows:
If to the Government Entitv:
City of Bremerton
345 6th Street
Bremerton, WA 98312
Attn: R. Lubovich
Phone: (360) 473-2335
If to the Company:
Puget Sound Energy
22884 Ryen Drive
Poulsbo, W A 98370
Attn: Linda Streissguth
Fax: 360-779-4897
Any Party may change its address specified in this Section 13(1) by giving the other Party notice of
such change in accordance with this Section 13(1).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws maybe preempted by the laws of the United States of
America.
(n) Entire Aareement. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
written ororal, with respecttoJhesubject matter of this Agreement are hereby superseded in th~ir
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(0) Successors and Assians. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity:
Company:
CITY OF BREMERTON
PUGET SOUND ENERGY, INC.
BY
BY
ITS
ITS
Date Signed
Date Signed
Approved as to form:
Construction Agreement, Attachment "B" to Schedule 74,
City of Bremerton - 6th & Pacific Avenues
Page 11
Order #101035243
+ PUGET SOUND ENERGY
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City ofl)l"~lJl~l"t()J1- Alley - 6th & Pacific Avenue
PSE Project~urn~~~: 101035243
09,,:29..Q(j
Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes work to be performed
by PSE and the City of Bremerton (the "City") for the conversion of certain PSE electrical
distribution system facilities as described herein (the "Conversion Project"). Construction ofthis
Conversion Project is contingent upon and shall not commence prior to both written acceptance
of this Project Plan and written execution of a Schedule 74 Construction Agreement by the City
and PSE.
This Project Plan includes and consists of:
. Detailed description of the Construction Work to be performed
. Applicable requirements, drawings and specifications for the work (attached)
. Operating Rights to be obtained-for the Conversion Project (attached)
. ConstructionW ork Schedule'
. Construction Costs Estimate Summary (attached)
Revisions to this Proiect Plan must be mutually approved bv the City and PSE.
Scope of Work
This Conversion Project will replace PSE's existing overhead electrical distribution system with
an Underground Distribution System within the following area (the "Conversion Area"): Two
spans in the alley between 6th and 5th Street, at Pacific Avenue. The Conversion Project is
approximately 33$' feet in length, including laterals and road crossings.
The Conversion Project includes modification or replacement of all existing services lines within
the Conversion Area to connect to the Underground Distribution System and removal ofPSE's
existing overhead electric distribution facilities (including PSE distribution poles and pole
mounted street lights) from the Conversion Area.
There are no Company Initiated Upgrades, Government Entity Requested Upgrades or
Temporary Service elements included in the Conversion Project Scope of Work.
PSE initiated upgrades included in this project consist of: None.
City requested upgrades included in this project consist of: None.
Cityof Bremerton
6th&'Pacific Underground Conversion
#iOll)~5243
Page I
Temporary Service included in this project consists of: None.
The following portions ofPSE's existing facilities to be converted are located outside of Public
Thoroughfare: An Underground system located between 6th and the alley (between 6th and 5th
Avenues), including vault room.
Responsibilities of Parties
City Responsibilities
a) Provide written notice to customers within the Conversion Area in advance of Conversion
Project Construction Work start. The notice will include contact information for both the
City and PSE, the expected Conversion Project schedule, anticipation of service interruptions
and work required to be performed by customers.
b) Coordinate other utility conversion, removal and relocation from PSE's poles.
c) Provide all surveying for equipment placement, locations, and establish all grade elevations
for the Underground Distribution System within the Conversion Area.
d) Provide all necessary excavation, bedding, backfill, off.,.site disposal, site restoration and
coordination for installation of the Underground Distributio'n System. This includes
trenching, backfill, and restoration for cut.:.over and transfer of existing underground system
and service lines from the existing overhead distribution system to the new Underground
Distribution System. .
e) Coordinate private, property trenching, excavation and restoration activity with private
property owners affected by this Conversion Project.
f) Provide flagging and traffic control as required for all work performed by the City.
g) Install and proof all ducts and vaults for the Underground Distribution System (excluding
work in ducts or vaults containing energized cables or equipment - see PSE Responsibilities)
in accordance with PSE standards and specifications using ducts and vaults provided by PSE.
"Proofing" as used herein is defined as verification using a mandrel that the duct and vault
system is free and clear of damage, installed to the proper grade and at the proper location
and contains a pulling line.
h) Provide PSE at least ten (10) business days notice prior to the start of trenching activity to
allow for delivery?rYSE materials to the job site and scheduling ofPSE's on-site Inspector.
Provide at leastfiye(?) business days notice for scheduled delivery of vaults from the
manufacturer.
i) Provide secure staging and storage area(s) for duct and vault materials provided by PSE. The
City shall be responsible for the security and condition of these materials until they are
installed and accepted by PSE or returned to PSE's custody.
j) Provide labor and equipment for the off-loading ofPSE duct and vault materials delivered to
the job site.
k) Promptly following notice from PSE that the Underground Distribution System has been
energized, provide notice to customers within the Conversion Area informing them oftheir
City of Bremerton
6th~p,a9ific Underground Conversion
#101035243
Page 2
obligation and responsibility to convert their overhead service lines to underground service
lines as provided by state law or to modify existing underground service lines for connection
to the Underground Distribution System. Affected service lines are listed in the Service
Lines section ofthis Project Plan.
1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and it's
contractor(s), the City and it's contractor(s), and other utilities.
m) Provide any necessary operating rights for the installation ofPSE's facilities in accordance
with PSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the City.
Operating rights are further addressed in the Operating Rights section of this Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
0) Following notification from PSE that Construction Work is complete, provide to PSE any
Shared Government Costs as provided for in the Construction Agreement.
Pue:et Sound Enere:v Responsibilities
a) Provide all duct and vault materials, cables, electrical equipment and components necessary
for installation of the Underground Distribution System. .
b) Following notice from the City, deliver or cause to be delivered all duct and vault materials
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests.
c) Following notice from the City; provide inspection services needed for overseeing the proper
installation of ducts and vaults by the City.
d) Accept delivery of the completed duct and vault system once the new system has been
proofed (as described above) by the City. PSE will provide a mandrel to the City to be used
in proofing of the duct and vault system.
e) Provide PSE electrical workers to complete duct installation and proofing when such work is
performed at or in any energized vault containing energized cables or equipment.
f) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground Distribution
System is energized.
g) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item "d" concerning trenching
responsibility). PSE will notify the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
h) Install and connect replacement underground service lines to single family residences and
connect replacement non-residential underground service lines provided by customers within
the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service lines are listed in
the Service Lines section of this Project Plan.
City of. Bremerton
(j'h&J'~2ifi6 Underground Conversion Page 3
#101035243
i) Remove the existing overhead electric distribution system including, conductors~ equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE's poles. Holes left following removal of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
j) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
k) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor.
Operatin!! RiJ!hts
The Underground Distribution System will be located within existing Public Thoroughfare. The
following are necessary:
1. Easement for Vault room and underground system on Ryan property
2. Easement on Bremerton Public Library property
3. Transportation Agreement
The Underground Distribution System will be located within Public Thoroughfare except as
described in the.operating.Rights Attachment. The Construction Work will not be released by
PSE for construction until i) all operating rights necessary for the installation ofPSE's facilities
have been obtained ,and have been verified by PSE, or ii) the City otherwise signs an agreement
releasing PSE from any and all financial obligations associated with the location or relocation of
PSE facilities resulting from commencement of construction prior to acquisition of all identified
necessary operating rights.
Construction Work Schedule
The work will be performed in accordance with the following Work Schedule, unless this
schedule is revised by mutual agreement of the City and PSE or circumstances beyond the
reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults:240ctQb~r/iQ()6
Installation and enerl!ization of the Underl!round Distribution System: 2Q:~~~~~~r~O()6
Removal of overhead facilities:~J:;NQy@&~t2QQ~.
Installation and removal of Temporarv Service: NI A.
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
Cityof ~remerton
6th & Pacific Underground Conversion
#1!)!035243
Page 4
costs are valid for ninety (90) days from the date shown on the attached Construction Costs
Estimate Summary. If this Project Plan and a Schedule 74 Construction Agreement are not fully
executed within ninety (90) days from this date, the estimated costs shall be subject to revision.
Proiect Assumptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to project compensation under Section 6 of the
Construction Agreement.
Cost Assumptions
1. The Construction Work will be performed in accordance with the Construction Work
Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days notice of completion
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
justification), the City will perform the necessary remedial \york. The City will then re-
notify PSE and PSE shall have five (5) business days to accept or reject the remedial work.
3. All PSE cables can be pulled through the ducts and vaults system to be used for the
Conversion Project utilizing normal cable pulling techniques.
4{"A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and' will be issued within two (2) weeks ofPSE submitting a complete
permit~pgli.c~tion(i~cll.ldi~s~I~y.sl.lpp~~i~gd~cl.l~~~tati~~.~~.~sonably required by the
City). 'D!~~:~U';P~!IJ.o'qii~g~'fg~..fu~p~rintt!:Qi:tii1~P~Rii9A1f~~~i
5. PSE will provide six (6) days of required inspection time for duct and vault installation.
During construction, the Inspector will be scheduled in full day increments and in one
continuous effort. Changes to a continuous schedule are required a minimum of two days in
advance.
6. Traffic control provided by PSE assumes the use of two flaggers, basic signage and simple
channelization.
7. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
8. All cut-over and transfer work will be completed during regular working hours.
9. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. In the event unplanned bollards are required, the associated
installation cost will be a shared cost.
10. Where noted on the plans, existing ducts, either empty or currently used, are to be utilized for
new cables. The Construction Costs Estimate assumes that such ducts are in place and
available for use to pull in new cables using the same equipment and effort as newly installed
ducts.
City of Bremerton
6th&'Paciflc Underground Conversion
#10J035243
Page 5
Schedule
1. There will be a total of three (3) PSE crew mobilizations as follows: i) one mobilization for
partial removal of overhead system; ii) one mobilization for of an underground line crew for
, installation of underground conductors and equipment; and iii) one mobilization of an
overhead line crew for completion of removal of the existing overhead facilities. Once
mobilized PSE crews will have continuous productive work until all PSE Construction Work
is complete.
2. All PSE Construction Work will be performed during regular working hours from 7:00 a.m.
to 5 :00 p.m. excluding holidays. In the event that lane closures are necessary for
performance of work, PSE shall be limited to working between the hours of7:00 a.m. to 5:00
p.m.
3 . Work requiring scheduled interruption of electric service (cut -overs and transfers) will be
performed during the working hours specified in Schedule Assumption #2 above, and will be
scheduled with at least two (2) business days notice. PSE will notify customers of scheduled
service interruptions.
Additional Considerations
Service Lines
Service lines within the ,Conversion Area must be replaced or modified to provide underground
service from the Underground Distribution System as described in the attached Service Lines
Replacement & Modification Requirements List. PSE Tariff Schedule 85 will apply to
performance of this work.
Cut-overs and Transfers
PSE customers within the Conversion Area will experience interruption of electric service during
performance of the Construction Work when transferring system and customer loads from the
overhead distribution system to the Underground Distribution System. PSE will notify
customers at least two (2) business days in advance of expected service interruptions. Customers
may request that cut-over and transfer work affecting their service be performed outside the
regular working hours listed above subject to the customer's written agreement to reimburse PSE
for the additional cost (at overtime rates) to perform such work outside the regular working
hours.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
City of Bremerton
6tb~:radi~c Underground Conversion
#1,01035243
Page 6
PSE Desil!n & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE's "Electric Distribution Trench/Duct/Vault Construction Standards, 2005". All relevant
PSE standard described above are attached to this Project Plan by this reference.
Temporary Support (Holdinl!) of PSE Poles
Whenever any pole(s) are required to be temporarily supported due to excavation in proximity to
such poles, the City will coordinate with PSE to provide such support. The need to temporarily
support such poles shall be determined by PSE, and if required, such support shall be provided
by PSE. As used herein,-'''temporary support" means supporting one or more poles fora
continuous working period of ten hours or less. '.
Acceptance of Proiect Plan
The City and PSE mutually agree to and accept this Project Planas of the date indicated below:
For the City:
For PSE:
By:
By:
Its:
Its:
Date:
Date:
City of Bremerton
6~'c\};Pacifi~ Underground Conversion
#101035243
Page 7
PUGET SOUND ENERGY
Date: 10/26/2006
Project Title: Bremerton, 6th and Pacific Conversion
Project Description: Convert the overhead distribution system to underground two spans In the alley between 6th and 5th Street and a pole on 6th St.
Rate Schedule: 74
Project Manager / Phone #: Dana Marie Smith 253-606-0423
Project Engineer / Phone #: Eric Dodgen 253-606-0716
Municipal Liaison Mgr / Phone #: Linda Streissguth 360-934-6618
Project #: 101035243
Revision #:
Revision Date:
Construction Costs Statement SUmmary 1
100% Government Entity Reimbursable Costs
Prior Total 100% GE
Private Gov Req Temporary Conv/Reloc Reimbursable 100% PSE Construction
Shared Costs 2 Conversion Upgrade Services Within 5 Years Costs Costs Costs Totals3
Company
Labor $ - $ - $ - $ - $ - $ - $ - $ -
Materials $ 36,860 $ - $ - $ - $ - $ - $ - $ 36,860
Equipment $ - $ - $ - $ - $ - $ - $ - $ -
Inspection $ - $ - $ - $ - $ - $ - $ - $ -
Service Provider Outside Services $ 31,913 $ - $ - $ - $ - $ - $ - $ 31,913
Operating Rights $ - $ - $ - $ - $ - $ - $ - $ -
Overhead $ 10,261 $ - $ - $ - $ - $ - $ - $ 10,261
Government Entity
Labor $ - $ - $ - $ - $ - $ - $ - $ -
ODeratina Riahts $ - $ - $ - $ - $ - $ - $ - $ -
Total- Construction 3 $ 79,034 $ - $ - $ - $ - $ - $ - $ 79,034
Change Orders
Total - Change Orders 3 $ - $ - $ - $ - $ - $ - $ - $ -
Construction Costs Totals 3 $
79,034 $
- $
- $
- $
- $
- $
- $
79,034
$
- $
$
47,420
31,614
$
~:
1 Statement prepared in accordance with Section 7 of Schedule 74 Construction Agreement
2 Shared Costs are allocated 40% to the Government Entity and 60% to the Company
3 Total Costs excludes Government Entity costs of trenching, restoration, and surveying
Construction Statement
Printed 10/30/2006 2:22 PM
DATE SUBMITTED: November 1, 2006
::r}em
'*' 06 - 253
P<<lled roA
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Authorization to spend funds in
a different category from what was initially
approved in the 2006 budget.
Committee Meeting Date: November 8, 06
COUNCIL MEETING Date: Novmeber 1 , 2006
Department: Parks and ecreation
Presenter:
Phone:
SUMMARY: Parks is requesting the ability to spend funds from a different
initially approved. During the recruitment and selection process for the Par evelopment Planner
position, the most qualified candidate opted to remain at his current posit" n after being offered the
job. Of the remaining candidates, none had the requisite mix of both 10 g range planning skills needed
to undertake the 2006 park plan update; and the experience to perfo the site design, bidding, grant
and construction management skills required of the postion. The ti eframe for the plan update (June
2007) does not allow for training of someone within the existin candidate pool or provide enough
time to readvertise the position to recruit new applicants. Par staff recommend using the salary and
benefits funding for the Park Planner to obtain contracted se ices needed to carry out the workload of
the position until such time as the as the job can be perem ently filled with a qualified individual.
The contracted services option also gives the City abilit to draw upon the resources of a local
business that have completed park plan updates for Ki ap County and other public jurisdictions.
ATTACHMENTS:
CONSENT AGENDA 0
FISCAL IMPACTS (Include Budgeted Amou
APPROVALS: / r)./
DEPARTMENT DIRECTOR: ,~/Vl (C (,l~;/L
CITY ATTORNEY: <;;1:; ..._-~'--
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERA nONS:
COUNCIL PRESIDENT:
RECOMMENDED MO ON: Move to approve an amendment to the 2006 budget reclassifying
expenditures in the Park and Recreation personnel expenditure category in the amount of $ 6,123.67
to supplies and servic in order to facilitate the timely development of the park plan and complete
other park planning functions.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DA TE SUBMITTED: October 26, 2006
BILL # O&, -::<. 54
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~B
........................................................................................
SUBJECT: Real Estate Purchase and Sale
Agreement with Roberto Victoria
Committee Meeting Date: November 8, 2006
COUNCIL MEETING Date: November 15, 2006
Department: Public Works & Utilities
Presenter: Phil Williams
Phone: 473-5315
SUMMARY: Roberto Victoria owns the property located at 102 and 108 Oyster Bay A venue, which
is adjacent to the Oyster Bay Complex. The home at 102 Oyster Bay Avenue was destroyed by fire in
September. Staff proposes purchasing the property for expansion of the Public Works and Utilities
facility. A commercial realtor was asked to provide an estimate of value for the property if the
structures were removed. That estimate is attached. The owner has agreed to sell these parcels to the
City for the estimated value of $140,000.
ATTACHMENTS: 1. Proposed Real Estate Purchase and Sale Agreement 2. Aerial Photo Exhibit
3. Estimate of Value
FISCAL IMP ACTS (Include Budgeted Amount): The total purchase price for the property is
$140,000. The funds to purchase the property will come from the ending balance in the Water Fund.
The final balance of the Water Fund will be above the targeted level indicated in the Financial Policy.
A budget adjustment is required.
APPROV ALS:
DEPARTMENT DIRECTOR: (,
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
/)
I CONSENT AGENDA D I
ci~::~'/t~~ ~.~~t:I~
I
RECOMMENDED MOTION:
Move to approve the Real Estate Purchase and Sale Agreement with Roberto Victoria and authorize
the Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented and further authorize the Mayor to finalize and execute any and all documents necessary to
close the transaction, and adjust the 2006 Budget to reflect the property purchase.
..,'
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
ab, Agenda Bills 2006, Purchase and Sale Agreement Oyster Bay Ave
o Continue 0 No Action
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This agreement controls the terms ofthe sale of real property.
This Agreement is entered between the CITY OF BREMERTON, a Washington municipal
corporation ("Buyer"), and Roberto Victoria, a single man ("Seller"), for the sale and purchase of real
property as follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at
102 Oyster Bay A venue and 108 Oyster Bay Avenue, Bremerton, Washington (the "Property"), and
which Property is legally described in Exhibit A, attached hereto and incorporated herein by this
reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated
herein by this reference.
2. EARNEST MONEY. Received from Buyer, Five Thousand and Noll 00 Dollars
($5,000.00) in the form of a promissory note, as earnest money and part payment on the purchase
price for the Property.
3. PURCHASE PRICE. The total purchase price for the Property is One Hundred
Forty Thousand and Noll 00 Dollars ($140,000.00), including earnest money, payable on closing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Prior to closing the Seller shall remove all vehicles, junk or otherwise, that
are on the property.
(c) Prior to closing, the Seller shall remove any tenants currently using the
property in accordance with local, state and federal law.
(d) Buyers review and approval of the title report on the property prior to
Closing.
(e) Buyer's review and approval of Seller's information contained in the Real
Property Transfer Disclosure Statement as set forth in Exhibit C.
(f) A Feasibility Study as follows:
(1) Buyer shall have six (3) months from the date of mutual acceptance
of this Agreement to determine, in Buyer's sole and absolute
discretion, if the Real Property is feasible for investment and/or
development by Buyer.
(2) Buyer's feasibility study may include (but is not limited to) a Phase I
and/or Phase II environmental assessment, utilities availability and
capacity, access availability, zoning, preliminary architectural and
engineering studies, marketing feasibility.
(3) A Phase I environmental assessment generally will consist of a
review of title of ownership and land use, review of geologic and
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 1 of 5
hydrologic maps of the area, review of federal and state databases for
known hazardous water generators or contaminated sites and a site
visit. If the Phase I review reveals the potential of a contaminated
site, a Phase II environmental assessment may be conducted which
generally will consist of on-site sampling, including the digging or
boring of test holes for soil samples. By executing this agreement,
Seller hereby authorizes Buyer a right of entry on to the property for
the purpose of conducting this feasibility study including a Phase !,
and ifnecessary, a Phase II environmental assessment. Seller will be
notified if a Phase II environmental assessment is to be conducted.
(4) Buyer agrees to conduct its feasibility study at its sole cost and
expense; and if Buyer does not remove the feasibility contingency on
or before the expiration of the feasibility period, then Buyer also
agrees, if requested by Seller, to deliver to Seller copies of all
information and documentation obtained by Buyer in connection with
its feasibility study.
(5) If Buyer fails to notify Seller of its approval of the Real Property, in
writing, on or before the expiration of the feasibility period, then this
Agreement shall be terminated, and neither Buyer nor Seller shall
have any further rights, duties or obligations hereunder, except that
the Earnest Money held in Accountable Escrow, by Buyer to Seller
shall be immediately returned to Buyer. Buyer agrees to return the
Real Property to its original state (i.e., fill all boring holes, etc.).
Should any of these contingencies not be met prior to closing, then this Agreement
shall terminate except neither Buyer nor Seller shall have any further rights, duties or obligations
hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer or
as set forth in this agreement.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
6. TITLE INSURANCE. At Closing, Seller shall cause LandAmerica Transnation
Title Insurance Company, whose address and telephone number is 9619 Levin Road NW, Silverdale,
W A 98383, (360) 692-4556, to issue a standard form owner's policy of title insurance to Buyer in an
amount equal to the total purchase price of the Property. The cost ofthis policy shall be paid from
Seller's funds at Closing. For purposes of this Agreement, the following shall not be deemed
encumbrances or defects: rights reserved and federal patents or state deeds; building or use
restrictions consistent with current zoning, and utility and road easements of record. Iftitle cannot
be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such
defects or encumbrances, this agreement shall terminate.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited by Federal
Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents,
REAL EST A TE PURCHASE AND SALE AGREEMENT
Page 2 of 5
interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any,
shall be pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. With the understanding that time is of the essencefor
this agreement, this sale shall be closed by January 15,2007, or earlier by mutual agreement, which
shall also be the termination date of this agreement unless said closing date is extended in writing by
mutual agreement ofthe parties. When notified, the Buyer and Seller will deposit, without delay, in
escrow with LandAmerica Transnation Title Insurance Company, all instruments and monies
required to complete the transaction in accordance with this agreement. Closing, for the purpose of
this agreement, is defined as the date that all documents are executed and the sale proceeds are
available for disbursement to the Seller.
9. POSSESSION. Buyer shall be entitled to possession on closing.
10. SELLER'S REPRESENTATIONS. Seller represents that:
(a) Seller will maintain the property in present or better condition until time of
agreed possession,
(b) Seller has no knowledge or notice fromo any governmental agency of any
violation of laws relating to the subject property except:
(c) the property is not encumbered by any leases.
11. SELLER'S ENVIRONMENTAL REPRESENT A TIONS. Seller represents that
to the best of his /her knowledge that he/she is not aware of existence of, or has caused or allowed to
be caused~ any environment condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to the closing date or any act of omission occurring
prior to the closing date, the' result of which may require remedial action pursuant to any federal,
state or local law or may be the basis for the assertion of any third party claims, including claims of
governmental entities except:
This provision shall survive the closing and be in addition to Seller's obligation for breach of
a representation or warranty as may be set forth herein.
12. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the
Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands,
fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable
legal, accounting, consulting, engineering and other expenses which may be imposed upon or
incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without
limitation, a governmental entity), arising out of or in connection with any environmental condition
existing as of and/or prior to the closing date, including the exposure of any person to any such
environmental condition, regardless of whether such environmental condition or exposure resulted
from activities of Seller or Seller's predecessors in interest.
This indemnity shall survive the closing and be in addition to Seller's obligation for breach of
a representation or warranty as may be set forth herein.
REAL EST A TE PURCHASE AND SALE AGREEMENT
Page 3 of 5
13. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be
limited to damages against Buyer in the liquidated amount of the earnest money previously paid the
Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other
costs and expenses to either party in connection with potential litigation on account of Buyers'
default. Buyer and Seller believe said amount to be a fair estimate of actual damages.
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights
and remedies available at law or in equity.
(c) Attorney's Fees and Costs. In the event oflitigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's fees.
14. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this
form, or any of its provisions, is intended to meet the factual and legal requirements of a particular
transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the
agreement. This agreement has significant legal and financial consequences. By signing this
agreement, Seller. acknowledges that Seller has or has had the opportunity to consult with an attorney
regarding Sellers rights and obligations in this agreement.
15. BROKERS FEES/COMMISSIONS. Seller agrees to indemnify, defend and hold
harmless Buyer with respect to any claim by any person or entity claiming through Seller to be
entitled to a commission with respect to the transaction contemplated by this agreement.
16. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
17. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent u.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Mayor
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337-1873
(b) All notices to be given to Seller shall be addressed as follows:
Either party hereto may, by written notice to the other, designate such other address for the
giving of notices as being necessary. All notices shall be deemed given on the day such notice is
REAL EST A TE PURCHASE AND SALE AGREEMENT
Page 4 of5
personally served, or on the date of the facsimile transmission, or on the third day following the day
such notice is mailed in accordance with this paragraph.
18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal or other
agreements that modify this agreement.
19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions of this Agreement shall survive the closing of this transaction.
20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER:
SELLER:
THE CITY OF BREMERTON
ROBERTO VICTORIA
By:
Cary Bozeman, Mayor
Dated:
Dated:
APPROVED AS TO FORM:
By:
Roger A. Lubovich, City Attorney
R:\Legal\Legal\Contracts\PUBLIC WORKS\PSA - Olympus Property. doc
REAL EST A TE PURCHASE AND SALE AGREEMENT
Page 5 of 5
Kitsap County Assessor's Tax Description
Page 1 of I
Tax Description
Tax Account No.
ftS02-00l-001-0002
Process No.
111671387
Situs Address
11102 OYSTER BAY AVE S
BREMERTON HEIGHTS
PARCEL I: THAT PORTION OF LOTS 1 AND 2, BLOCK 1, BREMERTON HEIGHTS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS
OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID LOT 1; THENCE EAST ALONG THE NORTH LINE
THEREOF 90 FEET; THENCE SOUTH 112 FEET; THENCE WEST 90 FEET; THENCE
NORTH 112 FEET TO THE POINT OF BEGINNING. EXCEPT THAT CERTAIN TRIANGLE
IN THE SOUTHEAST CORNER THEREOF, BEING 4 FEET MEASURED ALONG THE
SOUTH BOUNDARY AND 4 FEET MEASURED ALONG THE EAST BOUNDARY;
TOGETHER WITH THAT PORTION OF VACATED 1ST STREET ADJOINING BY
ORDINANCE NO. 4340, CITY OF BREMERTON, DATED SEPTEMBER 9,1991 WHICH
ATTACHED BY OPERATION OF LAW; EXCEPT THE NORTH 15 FEET OF SAID
VACATED PORTION CONVEYED TO THE CITY BY DEE,D RECORDED UNDER
AUDITOR'S FILE NO. 9109200116. PARCEL II: AN EASEMENT FOR ACCESS PURPOSES
15 FEET IN WIDTH OVER A PORTION OF VACATED 1ST STREET ABUTTING A
PORTION OF LOTS 1 AND 2, BLOCK 1, BREMERTON HEIGHTS, ACCORDING TO THE
PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY,
WASHINGTON, SAID EASEMENT BEING ESTABLISHED BY DOCUMENT FILED UNDER
AUDITOR'S FILENO. 9109200116.
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EXHIBIT A
http://kcwppub2.co.kitsap.wa.us/pls/ilisw/online _lis_info -pkg.tax_ desc?p _ in rp acet id... 10120/2006
K..Itsap County Assessor's Tax Description
Page I of I
Tax Description
Tax Account No.
~502-001-002-0001
Process No.
111671429
Situs Address
11108 OYSTER BAY AVE S
-.....
BREMERTON HEIGHTS
THAT PORTION OF LOT 2, BLOCK 1, BREMERTON HEIGHTS, ACCORDING TO THE
PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP
COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
SAID LOT 2; THENCE SOUTH 112 FEET ALONG THE EAST LINE OF SAID LOT 2;
THENCE WEST 48.25 FEET, MORE OR LESS; THENCE NORTH 112 FEET, PARALLEL
WITH THE WEST LINE OF LOT 1, BLOCK 1, BREMERTON HEIGHTS; THENCE EAST 48
FEET, MORE OR LESS, TO THE POINT OF BEGINNING. THIS TRACT SHALL ALSO
INCLUDE A SMALL TRIANGLE ADJOINING THE SOUTHWEST CORNER OF THE
ABOVE TRACT IN LOT 2, BEGINNING AT A POINT 4 FEET NORTH FROM THE
SOUTHWEST CORNER; THENCE SOUTH 4 FEET; THENCE WEST 4 FEET, PARALLEL
WITH THE NORTH LINE OF LOT 2; THENCE NORTHEASTERLY TO THE POINT OF
BEGINNING; ALSO THAT PORTION OF LOT 3, BLOCK~, BREMERTON HEIGHTS,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS PAGE 41,
RECORDS OF KITSAP COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF SAID LOT 3; THENCE SOUTH 112 FEET ALONG THE WEST
LINEOF SAID LOT 3; THENCE EAST 5 FEET, PARALLEL WITH THE NORTH LINE OF
SAID LOT 3; THENCE NORTH 112 FEET, PARALLEL WITH THE WEST LINE OF SAID
LOT 3; THENCE WEST 5 FEET ALONG THE NORTH LINE OF SAID LOT 3 TO THE
POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED 1ST STREET
ADJOINING BY ORDINANCE NO. 4340, CITY OF BREMERTON, DATED SEPTEMBER 9,
1991 WHICH A TT ACHED BY OPERATION OF LAW; EXCEPT THE NORTH 15 FEET OF
SAID VACATED PORTION CONVEYED TO THE CITY OF BREMERTON, BY DEED
RECORDED UNDER AUDITOR'S FILE NO. 9109200117; SITUATE IN THE CITY OF
BREMERTON, KITSAP COUNTY, WASHINGTON.
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EXHIBIT A
http://kcwppub2.co.kitsap. wa.us/pls/ilisw/online _lis_info Jlkg.tax _ desc?p _in _ rp acct id... 10/20/2006
Print Parcel Search Map
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Kitsap County Parcel Search
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COPYright @ Kitsao County 2006
DISCLAIMER: This map is intended for display purposes only and is not intended for
any legal representations.
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EXHffiIT B
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EXHIBIT
FOR PROPERTY PURCHASE
OYSTER BA Y A VENUE SEC
22, T24N, R1E, WM
CITY OF BREMER TON
10-23-06 - GF
September 8, 2006
Phil Williams
Public Works Dept.
City of Bremerton
Re: Market Evaluation of Lots South of Oyster Bay Maint. Facility
Phil,
I checked the two parcels south of the Maintenance Facility, at 102 and 108 Oyster Bay
Avenue S. I am familiar with the parcels as I evaluated and listed them for sale for a
previous owner several years ago. As you mentioned, the larger structure at 102 is a
burned out house and will contribute a negative value to the Land. The smaller house at
108 will have some value as a residence unless there are real problems with habitability,
such as mold, dryrot or some safety consideration~ My value breakdoWn follows.
102 Oyster Bay Ave.
This parcel only has market value as land since the fire. The amount of trash that has
accumulated over. the years and the fire debris actually decreases the value as vacant land.
lithe lot was vacantitwouldbe worth $55,000 to $60,000. You know what it costs to
bury all that debris ina landfilL The value today, as it exists, is approximately $45,000.
1080ysterBayAve.
This is the smaller parcel at approximately 6,500 square feet. The house is slightly over
800 sf, and does have value as a residence. Because of its age and the deferred
maintenance, the market value today is approximately $95,000. lfthe structure was
removed, the land (IP) would be worth approximately $35,000.
Summary.
Ifthese two lots "as is" could be purchased together, the fair market value would be
$140,000.
Patrick L. Boyle, CCIM
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
/"-1. __ ') ,'-;> 1/
BILL # UI(J ,.3. ') y-.
,
DATE SUBMITTED: October 11,2006
7A
............~i1~.~~~i;t~............................................................,
SUBJECT: Public Hearing on Lease Committee Meeting Date: October 25, 2006
Agreement with Claremont Retirement COUNCIL MEETING Date: Nov..J...aH8 15, 2006
Apartments Department: Parks & Rec/PW &U
Presenter: W. BirkenthallP. Williams
Phone: 473-5752/473-5755
SUMMARY: Claremont East has used 1,000 square feet of City right-of-way and 3,700 of paved
park property, located north of the Sheridan Community Center on the south side of juniper Street for
employee parking since 1995. Claremont's owners have requested a formalization of this parking use
arrangement. On September 26, 2006, the Parks Board made a recommendation to Council for the
City to enter into a lease for the purposes of allowing Claremont,East continued use of the park
property. The Public Works Department has agreed to issue a permit to cover the 1,000 square feet of
Juniper Street right-of-way. In consideration for the parking use, Claremont East will pay the city an
annual fee of$5,076 and provide a one million dollar liability insurance policy for the parking area
naming the City as an additional insured. The annual fee is based on the assessed value ofthe
property and is adjusted annually for inflation for the duration of the 10 year agreement.
ATTACHMENTS: \) fo..\^K ! ~ec..rec~...\'\oV\ (AW\Yv\\SS\oy\ M~V\lA+e..s of ''t/2ro/OfD
;l.) l~se.. ft~r-e.e.W\e.V\..T
FISCAL IMPACTS (Include Budgeted Amount): Approximately $5,076 annual revenue.
-_..-=---"~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT: ,,~::,:.,:,','<~ '., /{,,:t ('?-=,', ,/ Lt,' /
('!>>.: . e~ {~ rt""-i'1l.- '1'1.-1 7~
RECOMMENDED MOTION: Move to approve the Lease Agreement between the City and
Claremont East Retirement Apartments, Inc., for the City right-of-way and park property located north
of Sheridan Community Center and authorize the Mayor to finalize and enter into the agreement in
substantially the same form as presented. :+1 \
\\ /Islo ro: Move -to Covrnhtte., Je(;bend-\Of1..5 OAIICL aC1\Oh DVl '1tt1~~~~'1(ZOO",
COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action
I CONSENT AGENDA 0 I
BREMERTON PARKS & RECREATION DEPARTMENT
PARKS & RECREATION COMMISSION MEETING
Minutes of September 26, 2006
Sheridan Community Center, 680 Lebo Blvd., Bremerton, W A 98310
Attendance:
Absent:
Staff:
Council:
Joan Dingfield, Doug Groneman, Carol Johnson and Matthew Keough
Wanda Butler and Steve Corda*
Wyn Birkenthal, Tom Cressman, Jeff Elevado and Barbara Forbes
Dianne Robinson
I. Meeting Called to Order by Chairman Doug Groneman@ 5:40 p.m.
* Mr. Corda had submitted his resignation bye-mail this afternoon to the Commission Chairman
and to the Parks and Recreation Department.
II. Approval of Agenda: M/S/C/U Addition (Dingfield/Johnson)
III. Items from Audience:
a. Bonnie McIntosh had recently contacted the department regarding two issues: (1) maintenance
of the dog park at Pendergast Park (lack of bags, uncut grass, and regular trash pick-up); and (2)
the annual dog swim event at the Jarstad Aquatic Center. Mr. Birkenthal announced that
maintenance will be provided at the dog park on a regular basis. Although last year's Doggy Dip
event was held prior to the pool's annual maintenance; the department received a number of
complaints regarding dogs in a public pool. The department canceled the event for 2006.
b. The West Sound Disc Golf Association (WSDGA) reported that they are a non-profit
organization interested in promoting the sport of disc golf to the community. They feel that the
course has attracted a large number of players from outside Kitsap County. Since the WSDGA is
not involved in decisions regarding the land (N.A.D.), the Association reported that they will not
accept responsibility for the course, maintenance or its use unless they rent the space for specific
events. The Association has recently been asked by the City to carry liability insurance; which
they are unable to afford at this time. The Association wondered why they are being asked to
provide insurance when other user groups are not (e.g. skate boarders, basketball players). How
does the City expect the Association to" be responsible for safe tee pads, but won't allow them to
provide safer pads with concrete material? The City initially chose the basault tee pads to fitin
with the pristine park environment. Mr. Birkenthal reported that Washington State has some
protection under the Recreational Immunity Act. Once a person is charged for an activity, there
is a higher level of liability on the part of the property owner.
The Association also commented that they do not support the land swap between the City
and the Bremerton School District, but they will abide with whatever the City decides for the
park. If the land swap is approved by City Council, they ask that the City pay for the
landscaping for a new course as they will not be able to duplicate the volunteer man hours
provided at N.A.D.
IV. Approval of Minutes - August 22, 2006 - M/S/C/U (KeoughIDingfield)
V. New Business:
1. Review and Discussion of City Code Regulating Dogs in Park. The City had received
complaints from citizens who had attended the Blackberry Festival held earlier in the
month at the Boardwalk. These citizens wondered if it was appropriate to allow dogs on
the Boardwalk during the event (e.g. safety of the public and animal, defecation from the
animals on the sidewalk). After some discussion, it was suggested that the department
post signs prior to next year's event prohibiting animals rather than consider an
amendment to the current ordinaftce.
2. Claremont East Parking Strip (Ed Wolfe, Attorney Representing Claremont East
Retirement Apartments, Inc.). Claremont East believed they had an agreement with
the City to use the parking strip (behind the Sheridan Center along Juniper Street) for the
LEASE AGREEMENT
(Claremont East)
This Lease is entered into on the date fully executed below by and between THE CITY
OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter referred to
as "Lessor" or "City"), and CLAREMONT EAST RETIREMENT APARTMENTS, INC., a
Washington non-profit corporation, (hereinafter referred to as "Lessee").
RECITALS
WHEREAS, the City now owns certain land and public Right-of-Way which Lessee has
improved and been using for parking for its business; and
WHEREAS, it is the parties' desire to enter into a ten (10) year lease in conjunction with
the City issuing a Right-of-Way permit for use of this property to allow Lessee to continue to
carry on its business,
NOW, THEREFORE, the City and Lessee agree as follows:
1. PROPERTY.
(a) Property Defined. The City leases to Lessee and Lessee leases from the
City the real property described in Exhibit A, attached hereto and incorporated herein by this
reference, together with all the rights of the City, if any, to improvements on and easements
benefiting the property but subject to the exceptions and restrictions set forth in this Lease
(hereinafter the "Property"). This Lease is granted in conjunction with the Right-of-Way permit
i~sued by the Lessee as set forth in Exhibit B, attached hereto and incorporated herein by this
reference. A site plan designating the lease area and the right-of-way permit area is attached as
Exhibit C and incorporated herein by this reference.
(b) Survey, Maps, and Plans. Lessee is not relying upon and the City is not
making any representations about any survey, plat, diagram, and/or legal description provided by
the City.
(c) Inspection. The City makes no representation regarding the condition of
the Property, or the improvements located on the Property.
2. USE.
(a) Permitted Use. Lessee shall have the right to maintain and use the
Property for parking for its business and for no other business or purpose, without the prior
written consent of the City. The Property shall not be used for illegal purposes. It is agreed that
this Lease shall not be construed as the City's waiver of land use or building code provisions that
would otherwise apply to any improvements or uses of the site,
(b) Restrictions on Use. Lessee shall not cause or permit any damage to
natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling
activity to occur on the Property without required permits. This requirement may pertain to
Claremont East Lease
moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical,
biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other
matter in or on the Property, except as is permitted herein and performed in the ordinary course
of the business of Lessee's use and except as otherwise approved in writing by the City. If
Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this
Subsection 2(b), the City shall notify Lessee and provide Lessee a reasonable deadline to take all
steps necessary to remedy the failure. If Lessee fails to do so in a timely manner, then the City
may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon
demand by the City, Lessee shall pay all costs of such remedial action, including but not limited
to the costs of removing and disposing of any material deposited improperly on the Property.
This section shall not in any way limit Lessee's liability under Section 8, below. The covenants
contained in Section 2(b) shall survive expiration or termination of this Lease.
(c) Conformance with Laws. Lessee shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates, regulations,
ordinances, statutes, and other government rules and regulations regarding its use or occupancy
of the Property.
(d) Liens and Encumbrances. Lessee shall keep the Property free and clear
of any liens and encumbrances arising out of or relating to its use or occupancy of the Property.
3. TERM.
(a) Term Defined. The term of this Lease is ten (10) years (the "Term"),
beginning on the _st day of , 2006 (the "Commencement Date"), and ending on the
_th day of _, 2016 (the "Termination Date"), unless terminated sooner under the terms of
this Lease. The Lease term in consistent with the term of the Right-of-Way permit set forth in
Exhibit B. If there is a conflict in the dates of the term of this Lease and the Right-of-Way
permit, the dates of the term of the Right-of-Way permit shall prevail and shall serve as the dates
of lease term of this Lease.
(b) Lease Extension. The parties hereto may extend this agreement upon
terms mutually agreeable. There is no option to extend granted herein.
(c) End of Term. Upon the expiration or termination of the Term, as
applicable, Lessee shall surrender the Property to the City in the same or better condition as
existed on the Commencement Date, reasonable wear and tear excepted.
(d) Hold Over. If Lessee remains in possession of the Property after the
Termination Date, the occupancy shall not constitute an extension or renewal of the Term. The
occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease,
which may be terminated by either party on thirty (30) days written notice. The monthly rent
during the holdover shall be the same rent which would be due if the Lease were still in effect
and all adjustments in rent were made in accordance with its terms. If the City provides a notice
to vacate the Property in anticipation of the termination of this Lease or at any time after the
Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee
shall be a trespasser and shall owe the City all amounts due under applicable law.
2
Claremont East Lease
4. LEASE PAYMENT.
(a) Monthly Payment. During the term of this Lease, Lessee agrees to pay
Lessor, without notice or demand, the sum of four hundred twenty dollars ($420.00) per month
("Lease Payment") plus the leasehold tax as set forth in Section 5, in advance, on or before the
first day of the first full calendar month of the term hereof and a like sum on or before the first
day of each and every successive calendar month thereafter during the term hereof.
(b) Consumer Price Index Adjustments. The monthly Lease Payment shall
be adjusted every year during the term(s) of this Agreement based upon the prior years'
Consumer Price Index (CPI) for all urban consumers as published by the United States
Department of Labor for Seattle- Tacoma-Bremerton, all items (1982-84-100). For purposes of
the CPI adjustment, the base shall be the June 2006 CPI index June to June every year (i.e. June
2006- June 2007). The CPI adjustment shall occur on the following January 1 st of each year
during the term of this Agreement. Lessee shall make this payment to Lessor by the fifteenth day
of the month following the end of each month. Lessee may prepay these monthly payments on a
quarterly, semi-annual or annual basis or as otherwise approved by the Lessor.
(c) Payment Place. Payment is to be made to the City of Bremerton, Attn:
Director of Financial Services, 345 Sixth Street, Suite 600 BreIllerton, Washington 98337.
5. OTHER EXPENSES.
During the Term, Lessee shall pay the following additional expenses:
(a) Leasehold Excise Tax, Other Taxes and Assessments. Lessee shall pay
all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to
RCW 82.29A.030 currently in the amount bf 12.84 percent and as may be adjusted pursuant to
Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever,
applicable or attributable to the Property, Lessee's leasehold interest, the improvements, or
Lessee's use and enjoyment of the Property.
Lessee shall pay quarterly to the City by the fifteenth day of the month following the end
of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold
tax owing. Lessee may prepay these quarterly payments on a semi-annual or annual basis or as
otherwise approved by the City.
6. LATE PAYMENTS AND OTHER CHARGES.
(a) Late Charge. If any rental payment is not received by the City within ten
(10) days of the date due, Lessee shall pay to the City a late charge equal to ten percent (10%) of
the amount of the Lease to defray the overhead expenses of the City incident to the delay.
(b) Overdue Lease Payment. Unpaid installments of the Monthly Lease
Payment or other sums due hereunder shall, if not timely paid, be subject to a later charge of Fifty
and No/lOO Dollars ($50.00) to cover the excess costs of administration and shall bear interest
from the date due of twelve percent (12%) until all rent and interest has been paid in full. Lessee
hereby further agrees to pay any attorneys' fees and expenses incurred by Lessor by reason of
Lessee's failure to pay Monthly Lease Payment or other charges when due hereunder.
(c) No Counterclaim, Setoff, or Abatement of Lease Payment. Except as
expressly set forth elsewhere in this Lease, Lease Payments and all other sums payable by Lessee
3
Claremont East Lease
pursuant to this Lease shall be paid without the requirement that the City provide prior notice or
demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement.
7. IMPROVEMENTS.
(a) Lessee-Owned Improvements. So long as this Lease remains in effect,
Lessee shall retain ownership of all Existing Improvements and all authorized improvements it
may place on the Property (collectively "Lessee-Owned Improvements"). Lessee-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to the
Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined
in Subsection 7(d) below. No Lessee-Owned Improvements shall be placed on the Property
without the City's prior written consent.
(b) Construction. Prior to Lessee commencing any construction, alteration,
replacement, removal or major repair of any improvements (whether City-Owned or Lessee-
Owned), Lessee shall submit to the City plans and specifications which describe the proposed
activity. Construction shall not commence until the City has approved those plans and
specifications in writing and Lessee has obtained a performance and payment bond in an amount
equal to 100% of the estimated cost of construction. The performance and payment bond shall
be maintained until the costs of construction, including all laborers and material persons, have
been paid in full. The City shall have thirty (30) days in which to review the proposed plans and
specifications. The plans and specifications shall be deemed approved and the requirement for
the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise
within the thirty (30) days. Upon completion of construction, Lessee shall promptly provide the
City with as-built plans and specifications. The City's consent and approval shall not be required
for any routine maintenance or repair of improvements made by the Lessee pursuant to its
obligation to maintain the Property in good order and repair that does not result in the
construction, alteration, replacement, removal, or mp.jor repair of any improvements on the
Property. The provisions of this section do not obviate any permit requirements that may apply
to the proposed activity.
(c) Removal. Unless otherwise agreed by the City in writing, Lessee-Owned
Improvements shall not be removed by Lessee during the Lease term or upon expiration or
termination of this Lease and upon expiration or termination of this Lease, shall become the
property of the City without payment by the City.
(d) ,Unauthorized Improvements. Improvements made on the Property
without the City's prior consent pursuant to Subsection 7(b) or which are not in conformance
with the plans submitted to and approved by the City ("Unauthorized Improvements") shall
immediately become the property of the City, unless the City elects otherwise. Regardless of
ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever,
remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to
remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee
for the cost of removal and disposal.
(e) Liens. Lessee shall keep the Property and Lessee's leasehold interest free
from any liens arising out of any work performed, materials furnished, or obligations incurred by
Lessee.
4
Claremont East Lease
8. HAZARDOUS SUBSTANCES. Lessee shall not generate. release. spill. store.
deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage,
petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any pollutants or substances
defined as hazardous or toxic in accordance with applicable federal, state, and local laws and
regulations ("Hazardous Substances") in, on or about the Property. Lessee shall indemnify,
defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup
costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any
way related to the Release by Lessee, or any of its agents, representatives, or employees, or the
presence of such Hazardous Substances in, on or about the Property occurring at any time after
the Commencement Date and arising out of the activities of Lessee, or any of its agents,
representatives or employees. The provisions of this paragraph shall survive termination or
expiration of this Lease.
9. ASSIGNMENT AND SUBLETTING.
(a) City Consent Required. Lessee shall npt sell, convey, mortgage, assign,
pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease
or the Property without the City's prior written consent, which may not be unreasonably withheld
by the City. Recognizing that the Lease serves property Lessee owns commonly known as
Claremont East and is therefore an integral part of its property, Lessor agrees that Lessee or its
assigns may assign its interests in the Lease to any subsequent purchaser of its property so that
the leasehold interest transfers with ownership of the property. In the event of such consent, each
permitted transferee shall assume all obligations under this Lease, including the payment of rent.
No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of
Lessee.
(b) Rent Payments Following Assignment. The acceptance by the City of
the payment of rent following an assignment or other transfer shall not constitute consent to any
assignment or transfer.
10. INDEMNITY.
(a) The City shall not be liable for any injury to any person or for any loss of
or damage to any property (including property of Lessee) occurring in or about the leased
Property and caused by or resulting from any act or omission by Lessee any officer, agent,
employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and
covenants to indemnify, defend, and hold harmless the City and those persons who were, now
are, or shall be duly elected or appointed officials or members or employees or agents thereof,
against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments
of whatsoever kind or nature whether to persons or property, to the extent arising on said
Property or on any areas adjoining the same, which is under the control or use of Lessee pursuant
to this lease and arising out of or in connection with Lessee's use and occupancy of said
Property. The foregoing provision shall not be construed to make Lessee responsible for injuries
5
Claremont East Lease
to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee
or visitor of Lessor.
(b) Should a court of competent jurisdiction determine that this Lease 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
Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability
hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions
of Section 10 shall survive the expiration or termination of this Lease.
11. INSURANCE.
(a) General Commercial Liability Insurance. Lessee, at its own expense,
shall provide and keep in force with companies acceptable to Lessor comprehensive general
liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per
occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate
of such policy within thirty (30) days of the Commencement Date of this Lease and whenever
required shall satisfy Lessor that such policy is in full force and effect. Such policy shall name
Lessor as an additional. insured and shall be primary and noncontributing with any insurance
carried by Lessor. The policy shall further provide that it shall not be canceled or altered without
twenty (20) days prior written notice to Lessor.
(b) Certificate, of Insurance. Lessee shall provide to the City documentary
evidence, certified by the insurer, of all insurance( s) required in this Lease.
(c) Subrogation. The City shall not be liable to Lessee (by way of
subrogation or otherwise) or to any insurance company insuring the other party for any. loss or
damage to any building, structure, or other tangible property, or any resulting loss of income, or
losses under worker's compensation laws and benefits, if any such loss or damage is covered by
insurance benefiting the party suffering such loss or damage or was required to be covered by
insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required
give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this Lease.
12. MAINTENANCE AND REPAIR.
(a) The City's Repairs. The City shall not be required to make any
alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part
thereof, during the Term.
(b) Lessee's Repairs, Alteration, Maintenance and Replacement.
(i) Lessee shall, at its sole cost and expense, keep and maintain the
Property and all improvements in good order and repair, in a clean, attractive, and safe condition
including maintenance of the parking area, signage, striping and sweeping.
6
Claremont East Lease
(ii) Lessee shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any
improvements on the Property which may be required by any public authority.
(iii) All additions, repairs, alterations, replacements or changes to the
Property and to any improvements on the Property shall be made in accordance with, and
ownership shall be governed by, Section 7, above.
13. DAMAGE OR DESTRUCTION.
(a) In the event of any damage to or destruction of the Property or any
improvements, Lessee shall promptly give written notice to the City.
(b) Unless this Lease is terminated, there shall be no abatement or reduction in
rent due to any damage or destruction of the Property.
14. DEFAULT AND REMEDIES.
(a) Acts Constituting Default. Lessee shall be in default of this Lease on the
occurrence of any of the following:
(i) Failure to pay the Lease Payment~ or other expenses when due;
(ii) Failure to comply with any law, regulation, policy, or order of any
lawful governmental authority;
(iii) Failure to comply with any other provision of this Lease;
(iv) Failure to cure a default pursuant to Section 14(b) below;
(v) Lessee vacates or abandons the Property;
(vi) Failure to comply with the terms of the Right-of-Way permit set
forth in Exhibit B; or
(vii) Proceedings are commenced by or against Lessee under any
bankruptcy act or for the appointment of a trustee or receiver of Lessees' property.
(b) Failure to Cure. A default shall become an event of default ("Event of
Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee
with written notice of default, which specifies the nature of the default. Notice of default is not
required in the case Lessee vacates or abandons the Property or the Lease is terminated as a result
ofa revocation of the Right-of-Way permit as set forth in Section 15(d) below.
15. REMEDIES ON DEFAULT.
(a) Termination and Re-entry. In the event of any default or breach by
Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written
notice to Lessee and the Lessor shall have the right to enter upon the Property and re-take
possession thereof.
(b) Removal of Personal Property. In the event of a retaking of possession
of the Property by Lessor, Lessee shall remove all personal property located thereon and upon
failure to do so upon demand of Lessor, Lessor may remove and store the same in any place
selected by Lessor, including but not limited to a public warehouse, at the expense and risk of
Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for
a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or
7
Claremont East Lease
private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the
payment of the charges for storage, if any, and thirdly to the payment of any other sums of money
which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to
Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully
reentering and taking possession of the Property or lawfully removing and storing the property of
Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by
Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible
entry.
(c) Remedies Cumulative. The remedies hereinafter described shall be
cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to
Lessor under the law or judicial decisions of the State of Washington.
16. REVOCATION OF RIGHT-OF-WAY PERMIT AND TERMINATION OF
LEASE.
Lessee acknowledges that the Right-of-Way issued in conjunction with this Lease is an
integral part of this Lease and further that said permit is conditionally issued subject to the
Lessor's use and need for the permitted Right-of-Way. Since ,this Lease and the Right-of-Way
permit set forth in Exhibit B are inter-connected, a revocation of the Right-of-Way permit shall
constitute a termination of this Lease without further notice, and likewise, a termination of this
Lease pursuant to the provisions hereof shall constitute a revocation of the Right-of-Way permit
without further notice. Lessee acknowledges that in the event the Lessor has a need for the
permitted Right-of-Way for any purpose, the Right-of-Way permit may be revoked and this
Lease terminated accordingly.. A notice of default is not required in the event this Lease is
terminated due to a revocation of the Right-of-Way permit.
17. ENTRY BY LESSOR. The City shall have the ~ight to enter the Property at any
time to inspect for compliance with the terms of this Lease. The City and/or City's agents shall
comply with all of Lessee's work safety rules and restrictions, including but not limited to
following Lessee's warning instructions and, without prior approval of the Lessee, keep out of
restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous
substance exposures on the Property.
18. NOTICE. Any notices required or permitted under this Lease may be personally
delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to
the following addresses or to such other places as the parties may direct in writing from time to
time:
Lessor:
Director of Parks and Recreation
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, Washington 98337
8
Claremont East Lease
Lessee:
Claremont East Retirement Apartments, Inc.
Bremerton, Washington 98_
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable.
19. GENERAL PROVISIONS. Lessor and Lessee agree to the following general
proVIsIons:
(a) Authority. Lessee and the person or persons executing this Lease on
behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that
Lessee has full right and authority to enter into this Lease, and that each and every person signing
on behalf of Lessee is authorized to do so.
(b) Successors and Assigns. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to bind the hei~s, successors, executors,
administrators, and assigns of the parties hereto.
(c) Entire Agreement. This Lease, including the exhibits and addenda, if
any, contains the entire agreement of the parties. All prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction 01' to the Property, if any, are
merged into this Lease.
(d) Modification. No provision of this Lease may be amended or added to
except by agreement in writing signed by the parties hereto or their respective successors in
interest. The City shall not be bound by any oral representations or statements.
(e) . Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and in addition to all other rights and remedies afforded to the City by law
or equity or otherwise.
(f) Time is of the Essence. Time is of the essence of this Lease and each and
all of its provisions in which performance is a factor.
(g) Severability. Any provisions of this Lease which shall prove to be
invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof
and such other provision shall remain in full force and effect.
(h) Applicable Law and Venue. This Lease shall be interpreted and
construed in accordance with the laws of the State of Washington. Any reference to a statute
shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any
action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap
County, Washington.
(i) Waiver. No waiver of default by either party of any of the terms,
covenants and conditions hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and
conditions herein contained, to be performed, kept and observed by the other party.
9
Claremont East Lease
(k) Survival of Covenants. The covenants contained herein survIve the
termination or expiration of the Lease for the applicable statute oflimitation periods.
(I) Quiet Enjoyment. The City covenants and agrees that Lessee, upon
performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property
during said term without any interruption by the City, its successors or assigns. City will use its
best efforts not to interfere with Lessee's business or right of access to and from the Property
during the term of this Lease.
(m) Recording of Short Form Lease. Neither the City nor Lessee may record
this Lease without the other's prior approval, but the parties will at any time at the request of
either party promptly execute duplicate originals of an instrument, in recordable form, which will
constitute a short form of this Lease, setting forth a description of the Property, the terms of this
Lease and other provisions hereof, except the rental and other provisions as either party may
request, which may be recorded.
(n) Paragraph Headings. The paragraph or section headings of this Lease
are not a part of this Lease and shall have no effect upon the construction or interpretation of any
part hereof.
(0) Duplicate Originals. This Lease Agreelllent may be executed in duplicate
originals.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date of the
last signature below:
CITY OF BREMERTON
By: Cary Bozeman
Its: Mayor
Date:
By:
Its:
Date:
Date:
APPROVED AS TO FORM:
Roger A. Lubovich, City Attorney
[Notaries are on next page]
10
Claremont East Lease
STATE OF WASHINGTON)
) ~
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Cary Bozeman is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to
be the free and voluntary act of such City for the uses and purposes mentioned in the instrument.
WITNESSETH my hand and seal this
day of
,2006.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission e)(pires / /
STATE OF WASHINGTON)
) ~
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and acknowledged that (s)he signed this instrument, on oath
stated that (s)he was authorized to execute the instrument, and acknowledged it as
of the Claremont East Retirement Apartments, Inc. to be the free and
voluntary act of said corporation for the uses and purposes mentioned in the instrument.
WITNESSETH my hand and seal this
day of
,2006.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / /
R: \Legal\Legal\F orms\Real Estate\Leases\Land Lease-Claremont East as Lessee. doc
11
Claremont East Lease
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PROFESSIONAL LAND SURVEYORS
Po. IK)X 930 . 3471 NW. LOWELL "OLD TOWNE" , SILVERDALE, \VA 98383 . 360.692-6400 . FAX 36().692.8927
LEGAL DESCRIPTION
LEASE AREA 1
JUNIPER STREET
THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS
PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87025'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10~5'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING; THENCE
WESTERLY ALONG SAID RIGHT-OF-WAY LINE BEING A 561.65 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC
DISTANCE OF 130.24 FEET; THENCE NORTH 66017'31" WEST ALONG SAID RIGHT-
OF-WAY LINE 73.35 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
13034'47" WEST 5.28 FEET; THENCE SOUTH 66017'31" EAST 72.42 FEET TO THE
BEGINNING OF A 566.85 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC DISTANCE OF
131.44 FEET; THENCE NORTH 10025'20" EAST 5.20 FEET TO THE POINT OF
BEGINNING.
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CONSULTANTS, INC.
PRnFESSIONAL LAND SURVEYORS
PO. BOX 930 . 3472 N.\'i. LOWELL "OLD TOWNE" . SILVf:RDALE. y'/;\ S'8383 ' 360-692.6400 ' FAX 3t>O.(i92-8927
LEGAL DESCRIPTION
LEASE AREA 2
JUNIPER STREET
THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS
PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87~5'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET; THENCE WESTERLY ALONG SAID RIGHT -OF - WAY
LINE BEING A 561.65 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 13017'09" FOR AN ARC DISTANCE OF 130.24 FEET; THENCE NORTH
66017'31" WEST ALONG SAID RIGHT-OF-WA Y LINE 98.08 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID RIGHT -OF - WAY LINE NORTH
66017'31" WEST 148.19 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
12055'43" EAST 14.29 FEET; THENCE SOUTH 65054'18" EAST 140.35 FEET; THENCE
NORTH 37055'03" EAST 19.10 FEET TO THE POINT OF BEGINNING
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EXHIBIT A
10/20/2006 11:57
360-473-5398
BREMERTON ENGINEERIG
PAGE 02/01::.
City of Bremerton
3027 Olympus Drive * Bremerton, ViA 98310-4799
~
Application for Long Term Type C
Right-of-Way Use Permit
--
-
Name:
APPLICANT INFORMATION
-
Company:
Address:
~~'{ No.:
.
Telephone No.:
E-Mail:
~Na~e: -
PERMITTEE INFORIVlATION (if different)
1----" .. w. - -"-"""
Company:
- ....
Address:
. 1 Fax No.:
Telephone No.: :=j
'. '.- . .~
E-:tv:lail:
.
SITE INFORMATION
. 1. Street Address:
... .....
2. Description ofpemlit area (distance from property comer, dimensions and shape of area, etc.):
May be attached
... .... ..... '"-" '-
3. Attach a drawing of the permit area showing the adjoining property, proposed right-of-way use area
including t.he dimensions and angles from the adjoining property comer. This must match the property
description in Number 2 above.
4. Area of right-of-way used (square feet);
5. Description ofase (i.e_; paved parking circulation, equipment storage/display, paved parking area
signage, etc.):
~
EXHIBIT B
10/20/2006 11:57
360-473-5398
BREMERTON ENGINEERIG
PAGE. 03/0E,
CITY OF BREMERTON
LONG TERM TYPE C RIGHT-OF-WAY USE PERMIT
SITE INFORMATION (continued):
6. Requested duration of penn it (minimum 2 months, maximum 5 years):
7. Documentation of allowed use from the City Economic and Community Development Department
(attach).
8, Insurance accord form in the amount of$I,OOO,OOO with the City o3.ll1ed as additional insured (attach)'1
9. ApplicatiQnfeeof$100.00. J
For City Use Only
.._-"
1. Date Received:
2. Application Materi.al Complete: 0 Yes By:
0 No Date:
3. . Value of Adjoining Land: Total
. Value per Square Foot: $
. Value of Penn it Area (atmually): : $
No. of Square Feet
I Sq Ft
4. Infonnation put on penuit and retumed to applicant for processing (Date): _
Applicant needs to provide first years rent with signed permit.
15 Signed pern,i' re.ceive. d from ap. plicant.
6. Executed penult returned to applicant.
, ~~ ~
ROW Type C hmlit App, ab, 07126199
10/20/2005 11:57
350-473-539:3
BREr"lERTCN EHGmEERIG
PAGE 04/0t,
Pennlttee:
Location:
LONG-TERM TYPE C RIGHT-OF-WAY USE PERMIT
THIS PERMIT is made and entered into this day of 120_, by
and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as
"City" and , hereinafter referred to as "Permittee".
WITNESSETH:
In consideration of the covenants, promises and terms contained herein, the parties
hereby agree as follows:
1. Location of Property. City hereby permits the Permittee to use the following
described real property within the City right-of-way:
; hereinafter referred to as "Property".
2. Use of Property. Permittee shall have the use and occupancy of the Property
for the purpose of:
Permittee understands and agrees that the right-of-way can not be used to meet
development standards or permit requirements such as parking, landscaping, set bacK or buffer
area on a permanent basis.
years, commencing on the
years thereafter,
3. Term. The term of this Permit shall be
day of . 20 . and terminating
unless terminated earlier according to the provisions herein.
4. Use Fee. Permittee shall pay City for the rent of said Property the sum of
$ to be paid annual,ly the first payment due on the commencement date. Annual
payments shall be due January 10th of each year of the agreement.
5. Repairs and Maintenance. Permittee agrees to accept all responsibility for
maintenance of all improvements placed on the Property by the Permittee and to keep the
Property and any such improvements thereon in a state of good repair and to maintain them at
all times so as not to cause any safety hazard nor visual blight on the Property. Permittee
agrees to perform City directed repairs and maintenance within 30 days of written notice from
the City.
6. Ownership of Improvement. All improvements erected by Permittee on the
Property shall remain the property of the Permittee.
Type C - ROW Permit - Page 1
Permittee:
Location:
Rev 4-8-2003
10/20/2005 11:57
350-473-53gS
BREMERTON ENGINEERIG
PA(:;E 05/E15
7. Removal of Improvements. Improvements shall be permanently removed by
the Permittee at the termination of the Permlt or upon sixty days (60) written notice from the City
at such time the City finds it necessary to modify the use of the Property. If the required
removal is not completed within the time stipulated by the City, the City is authorized to have the
removal work done and the cost thereof, including administrative and legal fees, shall become a
civil debt of the Permittee and shall be a lien against the Permittee's property. Also, the City
may, without notice, remove the improvements as necessary to repair utilities or other public
facilities. The City has no obligation to reconstruct or replace such improvements.
8. Compliance with Law. In the use of Property, Permittee shall fully comply with
all applicable federal, state, county and municipal laws, ordinances and regulatIons.
9. Assignment of Permit. Permittee shall not assign or transfer its interest in this
Permit. or sublet the Property or any parts thereof, or permit the Property to be used for any
purpose not permitted by this Permit, without prior written consent of the City. Any attempt to
assign or transfer an Interest in this Permit shall be cause for immediate termination.
10. Insurance. Permittee, at its own expense, shall provide and keep in force with
companies reasonably acceptable to City comprehensive general liability insurance in the
amount of not less than $1,000,000 per occurrence for bodily injury and property damage.
Permittee shall provide the City's Risk Manager with a certificate of insurance evidencing this
coverage and indicating that the City is an additional named insured thereunder. Thirty (30)
days advance notice to City of cancellation shall also be provided.
11. Indemnification. Permittee hereby agrees to defend and indemnify and hold
harmless the City from any and all claims, lawsuits, damages or actions or liability which may
arise from the Permittee's use of said Property pursuant to this Permit. No employees or agents
of Permittee shall be considered employees or agents of the City.
12. Termination. Either pai)y may terminate this Permit by furnishing to the other
party, by registered mail, a notice of termination at least sixty (60) days prior to the intended
date of termination. If Permittee defaults in payment of rent, or breaches any other covenant or
condition of the Permit, City may declare a folieiture of this Permit for such default, reenter the
property, and remove the improvements, upon ten (10) days written notice to cure breach or
default and Permittee fails to do so.
13. Notices. All notices to be given by either of the parties hereto to the other party
shall be in writing and may either be delivered personally or may be deposited in the United
States mail, postage prepaid, as either certified or regular mail, addressed as specified below.
or to such other designate in writing.
City:
Permittee:
City of Bremerton
City Clerk
345 6th Street, Suite 600
Bremerton, W A. 98337
Type C - ROW Permit - Page 2
Permittee;
Location:
Rev 4-8-2003
10/20/2005 11:57
350-473-5398
BREMERTON ENGINEERIG
PAGE 05/05
14. Waiver of Default. No waiver of default of either party of any of the terms,
covenants, and conditions hereof to be performed, kept and observed by the other party shall
be construed as, or operate as, a waiver of any subsequent default of any of the terms,
covenants. and conditions herein contained. to be performed, kept and observed by the other
party.
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date
first herein above written.
PERMITTEE:
Dated:
By:
CITY OF BREMERTON
Date:
By:
Mayor
DEPARTMENT APPROVAL:
Public Works and Utilities
APPROVED AS TO FORM:
City Attorney
RECEIVED FOR FILING:
City Clerk
Type C - ROW Permit - Page 3
Permittee:
Location:
Rev 4-8-2003
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LEGAL DESCRIPTION
R/W PERlvlIT AREA
JUNIPER STREET
THAT PORTION OF JUNIPER STREET SITUATED WITHIN THE PLAT OF 2ND
ADDITION TO SHERIDAN PARK, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS,
PAGES 74 AND 75, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87025'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING; THENCE
WESTERL Y ALONG SAID RIGHT -OF- WAY LINE BEING A 561.65 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC
DISTANCE OF 130.24 FEET; THENCENORTH 66017'31" WEST ALONG SAID RIGHT-
OF-WAY LINE 73.35; THENCE LEAVING SAID RIGHT-OF-WAY LINE NORTH 23042'29"
EAST 5.00 FEET; THENCE SOUTH 66017'31" EAST 73.35 FEET TO THE BEGINNING OF
A 556.65 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC DISTANCE OF 129.08
FEET; THENCE SOUTH 10025'20" WEST 5.00 FEET TO THE POINT OF BEGINNING.
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DATE SUBMITTED: 11-03-06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
. ... . ., ... .. ,. ... ~. .. .. .. ... .. .. .. .. .. .. .. . ,/1.. , .. ~ · .. ., ....~"..... · .. · 407.$.7.,. ... ...7 B
Pulohc.. ,",,~L~- K.-tVbtve. SOVlces o.f~oo7 '7U~cre\ ~ ut'O\.~GL\A.~t:: v'e.
SUBJECT: Proptrty tax levy for collection Committee Meeting Date: 11-02-06
in 2007 COUNCIL MEETING Date: 11-15-06
Department: Financial Services
Presenter: Laura Lyon
Phone: 473-5722
Jf () ~..:- .2S 5"
SUMMARY: The City's property taxes are levied on an annual basis through passage of an
ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy
at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds
necessary to meet debt service obligations
ATTACHMENTS: Ordinance llio i 4q '31
FISCAL IMPACTS (Include Budgeted Amount): The proposed 2007 budget anticipates property
tax revenues based on this action.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCALIBUDGET:
OPERATIONS:
COUNCIL PRESIDENT: .c:;;::~:;;'zV~~--;:;;", /'~t,/,pl'
- !
RECOMMENDED MOTION:
Move to ~ Ordinance No. 41 B 7 levying property taxes for collection in 2007.
I CONSENT AGENDA 0 I
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
ORDINANCE NO.
49&7
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, establishing the amount to be collected in
2007 by taxation on the assessed valuation of taxable property
within the City limits of Bremerton and setting the property levy
rate.
WHEREAS, the City Council of the City of Bremerton attest that the population
ofthe City of Bremerton for 2006 is 35,910; and
WHEREAS, the City Council of the City of Bremerton has properly given notice
of the public hearing held on November 15, 2006, to consider the City's revenue sources for the
City's General Fund budget; and
WHEREAS, the City Council of the City of Bremerton after hearing and duly
considering all relevant evidence and testimony presented, has determined that the City of
Bremerton requires a regular levy and EMS levy in the maximum amounts allowable, which
includes an increase in property tax revenue from the previous year, and amounts resulting from
the addition of new construction and improvements to property and any increase in the value of
state-assessed property and all allowable levies, and amounts authorized by law as a result of any
annexations that have occurred and refunds made, in order to discharge the expected expenses
and obligations ofthe City and in its best interest; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That an increase in the regular property tax levy is hereby
authorized for the 20071evy in the amount of$54,173, which is a percentage increase of 1.0%
from the previous year. This increase is exclusive of additional revenue resulting from the
addition of new construction and improvements to property and any increase in the value or state
assessed property, and any additional amounts resulting from any annexations that have occurred
and refunds made.
SECTION 2. That an increase in the EMS property tax levy is hereby authorized
for the 20071evy in the amount of$8,970,which is a percentage increase of 1.0% from the
previous year. This increase is exclusive of additional revenue resulting from the addition of
new construction and improvements to property and any increase in the value or state assessed
property, and any additional amounts resulting from any annexations that have occurred and
refunds made.
SECTION 3. That a property tax levy for debt redemption ofthe 2002 Public
Safety UTGO Bonds, as previously authorized by the voters, is hereby authorized to levy
property taxes to be collected in 2007 at a rate sufficient to provide $900,331 needed to meet
debt service obligations in 2007.
1
2007 Taxes
SECTION 4. That a property tax levy for debt redemption of the 1997 UTGO
Fire Refunded Bonds, as previously authorized by the voters, is hereby authorized to levy
property taxes to be collected in 2007 at a rate sufficient to provide $150,085 needed to meet
debt service obligations previously paid, however, due to failure of the Kitsap County Assessor
office to levy these funds in 2005 as previously requested, a levy in 2007 is now needed to
correct the error.
SECTION 5. Severabilitv. 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 6. Effective Date. This ordinance shall take effect and be in force ten
(l0) 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
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
,2006
,2006
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
R:\LEGAL\Ordinances\Finance\2007 Property Taxes.ord.doc
2
2007 Taxes
DATE SUBMITTED: 11-03-06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
$ c/~ - :2.S-~
7C.
· · · · · · · · .. · o~;i'~::';~: ':118 'is .-t;; II · · · · · · · · · · · · .. · · · · · · · · · · · · · · .. · · .. · · II · .. .. · · · · · · · · · · · · .. · · · · · I
SUBJECT: Amend Chapter 3.48 of the Committee Meeting Date: 11-02-06
BMC related to B&O tax exemptions and tax COUNCIL MEETING Date: 11-15-06
credits and Chapter 3.50 related to reducing Department: Financial Services
the utility tax rate for solid waste Presenter: Laura Lyon
Phone: 473-5722
SUMMARY: It is the intent of the City to encourage growth and attract new business and it is
believed that providing a greater exemption of revenues from the City's business and occupation tax
will serve to encourage expansion of existing business and attract new businesses to the City in
combination with establishing a tax credit for the creation of new family wage jobs in the City of
Bremerton. Also, in order to encourage and accommodate the successful completion of City
annexation efforts a three year exemption from local business and occupation taxes for businesses
located in an area that has become part of the City by annexation is proposed. Finally, a reduction in
the utility tax rate for persons engaging in the business of providing solid waste collection service is
proposed from the current rate of 10% to 9.5%.
ATTACHMENTS: Ordinance NO. +q8 ~
FISCAL IMP ACTS (Include Budgeted Amount): The proposed 2007 budget anticipates B&O tax
and solid waste utility tax revenues as modified by this action.
/ /.~
APPROVALS: /-]/. /" .~. /-;~7
/" /" /~i/>
DEP AR TMENT DIRECTOR:/::::r/;;~~..:..::...... ./"-:;.:>" ,/h ~---~.-
y - 11(':1'
CITY ATTORNEY: ".--'-t, /.--_?p'
FINANCE DIR CT d'. "'~> >/
E OR: ~. '..:::-;"""'~ /'"Z--v,----
MAYOR: /::1/ -" =1 ~~n ~~.-" /
~\_- -", ';...i ' J -
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA 0 I
- . //:>'. V
.....'..." . . "~., c - - ,
//:;'" ~.A,t.~ :?J/U-"1-A_~.?.,{~r::' .
'---r - - , /' ,- -- " f
RECOMMENDED MOTION:
Move to approve Ordinance ~o. 416 ~ amending Chapter 3.48 of the Bremerton Municipal Code
relating to Business and Occupation tax in order to increase the exemption of revenue subject to
taxation, provide a three (3) year exemption from taxes for businesses located in an area annexed by
the City, and provide atax credit related to qualified jobs creation within Bremerton and amending
Chapter 3.50 of the BMC to reduce the utility tax rate for solid waste.
COUNCIL ACTION: D Approve D Deny 0 Table
o Continue 0 No Action
ORDINANCE NO.
4CfB@
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 3.48 of the Bremerton
Municipal Code entitled "Business and Occupation Tax" to
increase the exemption of revenue subject to taxation, provide a
three (3) year exemption from taxes for businesses located in an
area annexed by the City of Bremerton as of the date of
annexation, and provide a tax credit related to qualified jobs
creation by businesses located within the City of Bremerton; and
further amending Chapter 3.50 of the Bremerton Municipal Code
to reduce the utility tax rate for solid waste.
WHEREAS, it is the intent of the City Council to encourage growth and attract
new businesses to the City of Bremerton; and
WHEREAS, the City Council believes that providing a greater exemption of
revenues from business and occupation taxes will serve to encourage desired expansion of
existing businesses and attract new businesses to the City of Bremerton; and
WHEREAS, a three (3) year exemption from local business and occupation taxes
for businesses located in an area that has become part of the City by annexation would encourage
and accommodate the successful completion of City annexation efforts; and
WHEREAS, the creation of family wage jobs is a meaningful measurement of
business expansion and new business development in the City of Bremerton and the creation of
new full-time positions within the City may be encouraged through the incentive of a business
and occupation tax credit; and
WHEREAS, the City desires to reduce the utility tax rate for persons engaging in
the business of providing solid waste collection service from 10% to 9.5%; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.48.030 of the Bremerton Municipal Code entitled
"Definitions" relating to Business and Occupation Taxes is hereby amended to change the
definition of "Director" to read as follows:
"Director." "Director" means the Director ofFinaneecial Services of the City or any officer, agent or
employee of the City designated to act on the Director's behalf.
SECTION 2. Section 3.48.050 of the Bremerton Municipal Code entitled
"Imposition of the Tax - Tax or Fee Levied" relating to Business and Occupation Taxes is
hereby amended to read as follows:
1
2006 Amendment - B&O and Utility Tax
3.48.050 IMPOSITION OF THE TAX - TAX OR FEE LEVIED.
(1) Imposition of the Tax - Tax or Fee Levied. Except as provided in subsection (2)
of this section, there is hereby levied upon and shall be collected from every person a tax for the
act or privilege of engaging in business activities within the City, whether the person's office or
place of business be within or without the City. The tax shall be in amounts to be determined by
application of rates against gross proceeds of sale, gross income of business, or value of
products, including by-products, as the case may be, as follows:
(a) Extractor. Upon every person engaging within the City in business as an
extractor; as to such persons the amount of the tax with respect to such business shall be equal to
the value of the products, including by-products, extracted for sale or for commercial or
industrial use, multiplied by the rate of one and six-tenths of one percent (.0016} The measure of
the tax is the value of the products, including by-products, so extracted, regardless of the place of
sale or the fact that deliveries may be made to points outside the City.
(b) Manufacturer. Upon every person engaging within the City in business as a
manufacturer; as to such persons the amount of the tax with respect to such business shall be
equal to the value of the products, including by-products, manufactured, multiplied by the rate of
one and six -tenths of one percent (.0016). The measure of the tax is the value of the products,
including by-products, so manufactured, regardless of the place,of sale or the fact that deliveries
may be made to points outside the City.
(c) Wholesale. Upon every person engaging within the City in the business of
making sales at wholesale; as to such persons, the amount of tax with respect to such business
shall be equal to the gross proceeds of such sales of the business without regard to the place of
delivery of articles, commodities or merchandise sold, multiplied by the rate of one and six-
tenths of one percent (.0016).
(d) Retail. Upon every person engaging within the City in the business of making
sales at retail; as to such persons, the amount of tax with respect to such business shall be equal
to the gross proceeds of such sales of the business without regard to the place of delivery of
articles, commodities or merchandise sold, multiplied by the rate of one and one quarter of one
percent (.00125).
(e) Printing and Publishing. Upon every person engaging within the City in the
business of (i) printing, (ii) both printing and publishing newspapers, magazines, periodicals,
books, music, and other printed items, (iii) publishing newspapers, magazines and periodicals,
(iv) extracting for hire, and (v) processing for hire; as to such persons, the amount of tax on such
business shall be equal to the gross income of the business multiplied by the rate of one and nine-
tenths of one percent (.0019).
(f) Retail Service. Upon every person engaging within the City in the business of
making sales of retail services; as to such persons, the amount of tax with respect to such
business shall be equal to the gross proceeds of sales multiplied by the rate of two tenths of one
percent (.002).
(g) Service. Upon every other person engaging within the City in any business ,
activity other than or in addition to those enumerated in the above subsections; as to such
persons, the amount oftax on account of such activities shall be equal to the gross income of the
business multiplied by the rate of two tenths of one percent (.002). This subsection includes,
among others, and without limiting the scope hereof (whether or not title to material used in the
performance of such business passes to another by accession, merger or other than by outright
2
2006 Amendment - B&O and Utility Tax
sale), persons engaged in the business of developing, or producing custom software or of
customizing canned software, producing royalties or commissions, and persons engaged in the
business of rendering any type of service which does not constitute a sale at retail or a sale at
wholesale or a retail service.
(2) Exemption. The gross receipts tax imposed in this section shall not apply to any
person whose gross proceeds of sales, gross income of the business, and value of products,
including by-products, as the case may be, from all activities conducted within the City during
any calendar year is equal to or less than twenty thousand dollars ($20,000). Beginning on
January 1, 2007, the gross receipts tax imposed in this section shall not apply to any person who gross
proceeds of sales, gross income of the business, and value of products, including by-products, as the
case may be, from all activities conducted within the City during any calendar year is equal to or less
than forty thousand dollars $40,000. Persons with grOSS income exceeding forty thousand dollars
$40,000 per year shall be taxed only on the amount of gross income exceeding forty thousand dollars
$40,000 per year.
(3) Job credits. It is the intent ofthe City Council to encourage growth and attract new
business to the City. To that end, the City Council finds that an incentive measured by a business's
growth in iobs is a meaningful method of attracting and retaining such businesses. Therefore, the
incentive in this section is specifically targeted at new full-time positions. A basic credit is made
available to all businesses located in the City.
(a) Subiect to the limits in this section, an eligible person is allowed a credit
against the tax due under this chapter. The credit is based on a qualified employment position located
within the City.
(i) The credit shall be $500 for each qualified employment position
within the City, which positions were created on or after January L 2007, the "effective date". A
credit is earned for the calendar year in which the employee is hired to fill the position, plus the four
(4) subsequent consecutive years, ifthe position, along with the company's increased workforce of
eligible persons, is maintained during the entire period.
a. Credit may not be taken for hiring persons into positions
existing on the effective date. Credit is authorized for new employees hired for new positions created
on or after the effective date, which result in an increase in the total work force of the business located
in the City. New positions filled by existing employees are eligible for the credit under this section
only ifthe position vacated by the existing employee is filled by a new hire.
b. If filled before July 1 st of any given year, a newly created
position is eligible for a full yearly credit. If filled after June 30th, the position is eligible for only a
half credit for the first calendar year.
c. Credit may not be accrued and carried forward or back. No
refunds may be granted for unused portion of credits under this section. If the yosition is filled during
the calendar year, after the filing of a quarterly tax period, an amended 1 st or 3T quarter tax return will
be allowed, if appropriate, to qualify all the credit to which the employer is entitled for that year.
(ii) For the purposes ofthis section:
a. "Eligible person" means a person or company who resides in
the City and is engaging in a business activity within the City; and
b. "Qualified employment position" means a permanent, full-
time position with compensation of at least a "family wage" within 12 months after the date of hire
(allowing for training time and a probation period). If an employee is either voluntarily or
involuntarily separated from employment, the employment position is considered filled on a full-time
3
2006 Amendment - B&O and Utility Tax
SECTION 3. Section 3.48.090 of the Bremerton Municipal Code entitled
"Exemptions" relating to Business and Occupation Taxes is hereby amended to read as follows:
3.48.090 EXEMPTIONS.
(1) Non-Profit Corporations Or Non-Profit Organizations. This section shall not apply to
non-profit organizations exempt from federal income tax under Section 501 (c)(3) of the Internal
Revenue Code, as hereafter amended, except with respect to retail sales of such persons.
(2) Health maintenance organization, health care service contractor, certified health plan.
Beginning on January 1, 2000 this chapter does not apply to any health maintenance organization,
health care service contractor, or certified health plan in respect to premiums or prepayments that are
taxable under RCW 48.14.0201.
(3) Public utilities. This chapter shall not apply to any person in respect to a business
activity with respect to which tax liability is specifically imposed under the provisions of Chapter 3.50
BMC.
(4) Investments - dividends from subsidiary corporations. This chapter shall not apply to
amounts derived by persons, other than those engaging in banking, loan, security, or other financial
businesses, from investments or the use of money as such, and also amounts derived as dividends by a
parent from its subsidiary corporations.
(5) International banking facilities. This chapter shall not apply to the gross receipts ofan
international banking facility. As used in this subsection, an "international banking facility" means a
facility represented by a set of asset and liability accounts segregated on the books and records of a
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2006 Amendment - B&O and Utility Tax
commercial bank, the principal office of which is located in this state, and which is incorporated and
doing business under the laws ofthe United States or of this state, a United States branch or agency of
a foreign bank, an Edge corporation organized under Section 25(a) ofthe Federal Reserve Act, 12
United States Code 611-631, or an Agreement corporation having an agreement or undertaking with
the Board of Governors of the Federal Reserve System under Section 25 ofthe Federal Reserve Act,
12 United States Code 60l-604(a), that includes only international banking facility time deposits (as
defined in subsection (a)(2) of Section 204.8 of Regulation D (12 CFR Part 204), as promulgated by
the Board of Governors of the Federal Reserve System), and international banking facility extensions
of credit (as defined in subsection (a)(3) of Section 204.8 of Regulation D).
(6) Insurance business. This chapter shall not apply to amounts received by any person or
agent who is an insurer upon which a tax based on gross premiums is paid to the state pursuant to
RCW 48.14.020; provided that the provisions ofthis subsection shall not exempt any person engaging
in the business of insurance as a broker as defined in RCW 48.17.020 or as a solicitor as defined in
RCW 48.17.030; and provided further, that the provisions ofthis subsection shall not exempt any
bonding company from tax with respect to gross income derived from the completion of any contract
as to which it is a surety, or as to any liability as successor to the liability of the defaulting contractor.
(7) Farmers - agriculture. This chapter shall not apply to any farmer in respect to amounts
received from selling fruits, vegetables, berries, butter, eggs, fish, milk poultry, meats or any other
agricultural product that is raised, caught, produced, or manufactured by such persons.
(8) AtWetic exhibitions. This chapter shall not apply to any person in respect to the
business of conducting boxing contests and sparring or wrestling matches and exhibitions for the
conduct of which a license must be secured from the State Boxing Commission.
(9) Racing. This chapter.shall.notapply to any person in respect to the business of
conducting race meets for the conduct of which a license must be secured from the Washington State,
Horse Racing Commission...
(10) Ride sharing. This chapter does not apply to any funds received in the course of
commuter ride sharing or ride sharing forpersons with special transportation needs in accordance with
RCW 46.74.010.
(11) Employees. This chapter shall not apply to:
(a) Any person in respect to the person's employment in the capacity as an
employee or servant as distinguished from that of an independent contractor. For the purposes ofthis
subsection, the definition of employee shall include those persons that are defined in the Internal
Revenue Code, as hereafter amended.
(b) A booth renter, as defined by RCW 18.16.020, is an independent contractor for
purposes of this chapter.
(12) Amounts derived from sale of real estate. This chapter shall not apply to gross
proceeds derived from the sale of real estate. This, however, shall not be construed to allow an
exemption of amounts received as commissions from the sale of real estate, nor as fees, handling
charges, discounts, interest or similar financial charges resulting from, or relating to, real estate
transactions. This chapter shall also not apply to amounts received for the rental of real estate if the
rental income is derived from a contract to rent for a continuous period of thirty (30) days or longer.
(13) Mortgage brokers' third-party provider services trust accounts. This chapter shall not
apply to amounts received from trust accounts to mortgage brokers for the payment ofthird-party
costs ifthe accounts are operated in a manner consistent with RCW 19.146.050 and any rules adopted
by the director of financial institutions.
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2006 Amendment - B&O and Utility Tax
(14) Amounts derived from manufacturing. selling or distributing motor vehicle fuel. This
chapter shall not apply to the manufacturing, selling, or distributing motor vehicle fuel, as the term
"motor vehicle fuel" is defined in RCW 82.36.010 and exempt under RCW 82.36.440, provided that
any fuel not subjected to the state fuel excise tax, or any other applicable deduction or exemption, will
be taxable under this chapter.
(15) Amounts derived from liquor. and the sale or distribution ofliquor. This chapter shall
not apply to liquor as defined in RCW 66.04.010 and exempt in RCW 66.08.120.
(16) Casual and isolated sales. This chapter shall not apply to the gross proceeds derived
from casual or isolated sales.
(17) Accommodation sales. This chapter shall not apply to sales for resale by persons
regularly engaged in the business of making retail sales of the type of property so sold to other persons
similarly engaged in the business of selling such property where (1) the amount paid by the buyer
does not exceed the amount paid by the seller to the vendor in the acquisition of the article and (2) the
sale is made as an accommodation to the buyer to enable the buyer to fill a bona fide existing order of
a customer or is made within fourteen days to reimburse in kind a previous accommodation sale by
the buyer to the seller.
(18) Taxes collected as trust funds... This chapter shall not apply to amounts collected by the
taxpayer from third parties to satisfy third party obligations to pay taxes such as the retail sales tax, use
tax, and admission tax.
(19) Three (3) year exemption for annexed businesses. This chapter shall not apply to any
person with respect to a business activity conducted in an area that has become part of the City by
annexation; provided. however;thatthe business premises of such person be located in the said area .
on the date of annexation;' and provided. further. that the exemption provided herein shall cease at the
expiration of twelve (12) full calendar quarters: following the date of such annexation. .
SECTION 4. Subsection 3.50.050(f) of the Bremerton Municipal Code entitled
"Solid Waste" relating to persons subject to the Utility Tax is hereby amended to read as follows:
(f) Solid waste. Upon every person engaging in the business of providing solid waste
collection service, a fee or tax equal to ten (10)nine and one-half percent (9.5%) ofthe total gross
income from such business conducted within the City.
SECTION 5. 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 6. 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
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2006 Amendment - B&O and Utility Tax
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2006
,2006
R:\LegaI\Legal\Ordinances\Finance\2006 B&O Tax Amendment.doc.
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2006 Amendment - B&O and Utility Tax