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Home My WebLink About06/04/2008 AGENDA [I ,- ., . ~- "'1 i!m1j, I' ., Ii. Ii 11'. :.. I" ! .. jil II " !!~=--===~~~il ~'i ~ @uuW0l?'li Ii 1~%~M\@~lf(6iNJ ii lh: '__ ,~ -""d FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 JUNE 4, 2008 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ANNOUNCEMENTS & PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register (#AB08-132) B. Minutes of Meeting - May 21,2008 (#AB08-133) C. Minutes of Meeting - May 28, 2008 (#AB08-134) .I ~~, D. Reappointment of Eric Anderson to the Bremerton Housing Authority Board of Commissioners (#AB08-135) E. Approval of Remedial Action Grant Agreement with the Department of Ecology for the former Chevron Property (#AB08-136) F. Approval of a1 O-year Land Lease Agreement between City of Bremerton and Donna Hammargren for Sewage Pump Station EB-4 (#AB08-137) G. Contract Award for Construction of Reservoir Seismic Valve Upgrade to Stan Palmer Construction (#AB08-138) H. Resolution No. 3061, authorizing an application to the Washington State Recreation & Conservation Office for a Lions Park Grant (#AB08-139) 6. GENERAL BUSINESS A. Redevelopment Grant Contract with Washington State Department of Ecology for Lions Park (#AB08-140) B. Agreement with the U.S. Golf Association for the 2011 Junior Amateur Championship Tournament at Gold Mountain Golf Complex (#AB08-141) 7. PUBLIC HEARINGS A. Ordinance No. 5052, creating the Bremerton Harborside Revenue Development Area (#AB08-142) 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING I 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. r ' /' CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBl~lITTED IN WRITING. I THANK yOU. -, PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT '1~ \ h ~ rJ()~\ 't-- ~>1t- L \Y\~~ weul~ d)dN A26--'L 00E- H-UDSDtU /VlI167 5--. LJ~ t?-iJ 1 - I , (:I f-- I '-t 4n- DATE SUBMITTED: 6/4/2008 BILL # AB08-132 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A .............D........a...................m........................a...g..aa...m............ SUBJECT: Committee Meeting Date: COUNCIL MEETrNG Date: June 4, 2008 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMl\tIARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: A.u~ /,/ '- CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1) Check #'s 324823 through 325076 and EFT's 7873 through 7905 in the amount of$2,815,722.86. 2) Retiree Payroll for the pay period ending May 31,2008 in the amount of$78,531.1O. COUNCIL ACTION: ~ Approve D Deny D Table D Continue D No Action DATE SUBMITTED: BILL # oB - I 3 3 AGENDA BILL CITY OF BREMER TON CITY COUNCIL sa DDHAAmar.maeaaUEDRBss.memSDUWRamcmmuonasm.anBama28mURBDm.m~aBBftBb.BBamBDEQ..DDaBB.AaBBD~1 Committee Meeting Date: N/ A COUNCIL MEETING Date: j(1V1e." 4 I d-.OO g Depmtment: City Council' Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary ofthe City Council Meeting held MOvy ~1) .2c?0 9 SUBJECT: City Council Meeting Minutes for meeting of MfLY d.-( I /).00 'B A TT ACHMENTS: Meeting Minutes for May d.{).;2rD 0 g FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: ~ -~4(~ CONSENT AGENDA [0" GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 21, 2008 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, May 21, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; Deputy City Clerk Cherie Henry; and Council Assistant Christine Grenier. . The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church. President Maupin announced that prior to the meeting, a Pre-Council Session was held to discuss General Council Business. MAYOR'S REPORT . Mayor Bozeman presented the Employee Recognition Award for the Month of May 2008 to Colette Berna of the Parks & Recreation Department. Wyn Birkenthal, Parks & Recreation Director, commended Ms. Berna for her graphic design work on the Blueberry Park plan and her ability to reach consensus with diverse groups of people as well as her quick transition into the department culture. Ms. Berna thanked the Mayor and the Council, and mentioned that her educational background includes environmental design and landscape architecture. . Was thrilled and proud to participate in the Armed Forces Festival and Admiral Theatre Gala event; . Thanked the Police, Fire, and Public Works departments for making the festival a success; . Provided an update on the SKIA analysis and specifically thanked Laura Lyon, Roger Lubovich, and Phil Williams for their hard work; . Discussed the possibility of the LIFT in Bremerton and emphasized that this program has the potential to bring in millions of dollars over the next 20-years; . Mentioned the many well deserved positive comments received by the Gold Mountain Golf Course for their hosting of the 2008 NCAA West Regional Golf Championships May 15 to 17; ,<' ". · Encouraged people to attend the Grand9pening of the Bremerton Marina on May 31, and thanked the Port of Bremerton for bringing this $26-million project into reality. PUBLIC RECOGNITION & ANNOUNCEMENTS Brad Gehrina encouraged people to attend the Bremerton Farmers Market next to Evergreen Park in the Seaside Church parking lot every Thursday until October 9 from 4:00 to 7:30 PM. Adam Brockus announced that the next District 3 Community Meeting would be held on Tuesday, May 27 starting at 7:00 PM at the Bremerton Senior Center located at East 13th & Nipsic Avenue. He added that the program will include a "Tour of the New Bremerton Marina". Roy Runyon invited the public to participate in the Women, Infants, and Children (WIG) Special Supplemental Nutrition Program from June to October, and for more information, please contact Linda Hanna at (360) 337-7068; Mike Shepherd announced that the YMCA will be rescheduling the Tri-Run with a new date and time still to be determined. City Council Reg. Mtg. Minutes Wednesday, May 21, 2008 Page 2 of 5 CONSENT AGENDA A. Check Numbers 324519 through 324822; and EFT-7844 through EFT-7872 in the amount of $2,124,545.61; Regular Payroll in the amount of $767,401.02 for the pay period ending May 15, 2008; and payouts and correction to Regular Payroll in the amount of $9,581.66 for the pay period ending April 30, 2008 (#AB08-117) B. Minutes of Meeting - May 7,2008 (#AB08-118) C. Minutes of Meeting - April 14, 2008 (#AB08-119) D. Professional Services Agreement with NAC ARCHITECTURE for the Collaborative School Siting Project Study (#AB08-120) E. Intergovernmental Cooperative Agreement with the State of Washington Procurement Office (#AB08-121) F. Purchase and Installation of equipment for five 2008 Police Vehicles (#AB08-122) G. Bid Award to FERGUSON WATERWORKS for purchase of ductile iron pipe (#AB08-123) H. Ordinance No. 5051, setting a rate for landfill leachate disposal delivered by truck to the W estside Wastewater Treatment Plant (#AB08-124) I. Appointments to "For" and "Against" Committees for the Emergency Medical Care and Services Ballot Measure (#AB08-131) There were no comments from the public... 05:48:36 M/S/C/U (Runyon/Brockus) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARINGS 6A - PUBLIC HEARING AND ORDINANCE NO. 5048. VACATING A PORTION OF LAUREL AVENUE (#AB08.125): City EnQineer Mike Mecham stated that the City received a petition from Kendra Scroggs to vacate a portion of l;aurel Avenue approximately midpoint from Marine Drive Place to Madrona Place. No roadway has ever been constructed in this portion and the right of way currently has a driveway to the applicanfs residence. Topography does not support roadway construction in this area as there is an approximate 1 to 1 slope for a 25-foot grade change at the end of the applicant's property to Madrona Place. This is a Class III right- of-way and compensation is not required in accordance with BMC 11.20.140. With no comments received, the Public Hearing was closed to the public... 05:50:49 M/S/C/U (Arends/Wofford) Move to pass Ordinance No. 5048 vacating a portion of Laurel Avenue, approximately midpoint from Marine Drive Place to Madrona Place. 6B - PUBLIC HEARING AND ORDINANCE NO. 5049. VACATING A PORTION OF HASELWOOD STREET (#AB08.126): City EnQineer Michael Mecham mentioned that the City received a petition from Rick Wiler, HMI, to vacate the entire roadways of Haselwood Street and West Hills Boulevard. These roadways were constructed and deeded to the City (Kitsap County AFN 20016280162) with the surrounding commercial development by HMI, and services only the development. These roadways service the private development and are not required for public use. This is a Class III right-of-way as defined in BMC 11.20.140. This type of right-of-way is limited to a public easement for which no public funds have been expended in the acquisition or providing improvements.' No compensation is required for Class III right-of- way. With no comments received, the Public Hearing was closed to the public... City Council Reg. Mtg. Minutes Wednesday, May 21,2008 Page 3 of 5 Council members asked Mr. Mecham questions and requested clarification on issues related to stormwater plans and how this process was initiated prior to the vote... 05:53:42 M/S/C/U (RunyoniWofford) Move to pass Ordinance No. 5049 vacating Haselwood Street and West Hills Boulevard from Union Avenue to terminus. 6C - PUBLIC HEARING AND ORDINANCE,NO. 5050. VACATING A PORTION OF AN ALLEY BOUNDED BY MCKENZIE & COGEAN AVENUES. AND 12TH STREET & SHELDON BOULEVARD (#AB08-127): City EnQineet Michael Mecham explained that the City received a petition from TIFERET LLC to vacate approximately 135-feet of an alley for a future development which will encompass over half of the area of the block. No roadway has ever been constructed in the portion to be vacated, and the remainder of the alley has a dirt driveway which services the adjacent property owners to the south within the plat. This is a Class I right-of-way and is owned in fee title by the City of Bremerton. However, the property owner has already dedicated additional right-of-way to the City along Sheldon Boulevard (Kitsap County Auditor Recording No. 200711070172). Total to date dedicated is 1,244 square feet, leaving 547 square feet to be compensated for. Mr. Mecham provided assurance to an unidentified property owner who was in attendance at the Public Hearing and had asked if she would have continued access to her property assuming this vacation. 6:00:42 The Public Hearing was closed after no further comments were received by the public, and the Main Motion was made as discussion continued by the Council. .. Council members asked Mr. Mecham questions on issues related to the ownership of the related properties and assured access; and asked for clarification on utility arrangements prior to the vote... .,' 06:07:37 M/S/C/U (Shepherd/Runyon) Move to pass Ordinance No. 5050 vacating a portion of alley bounded by McKenzie & Cogean Avenues, and 1 ih Street .& Sheldon Boulevard. GENERAL BUSINESS 7A- RESOLUTION NO. 3059 FOR EMERGENCY MEDICAL SERVICES (EMS) TAX LEVY. (#AB08-128): Fire Chief AI Duke summarized that the Bremerton Fire Department provides Emergency Medical Care to the citizens of Bremerton. The "Rescue One" program is funded through a property tax of $.50 per thousand of assessed valuation. This property tax has to be renewed every 6 years. This is not a new tax, but a continuation otherwise the funding stops. The proposed levy if passed would mean about $38 per year proposed increase based on an average $200,000 property valuation. Chief Duke also asked that any resident who would be willing to write the "against" statement for this levy, to contact the city. There were no comments from the public.." ., ' ' < ~. Council Members provided their comments in suppor] of putting this issue on the ballot. 06:10:53 M/S/C/U (Brockus/McConnell) Move to adopt Resolution No. 3059. Mr. Lubovich revisited Item 6C, which was discussed earlier in the meeting, and was now able to clarify that the City owns the area in fee title and that the area would eventually be conveyed to the applicant. City Council Reg. Mtg. Minutes Wednesday, May 21,2008 Page 4 of 5 7B - PUGET SOUND ENERGY GRANT FOR PURCHASE AND INSTAllATION OF NEUROS TURBO BLOWER FOR THE WESTSIDE TREATMENT PLANT (#AB08-129): Pat Coxon, Wastewater Treatment Plant, explained thatJhe purchase and installation of the Neuros Turbo Blower is a grant funded project through the Puget Sound Eri'e'rgy (PSE) Conservation Grant Program. This is the sixth opportunity we have had to take advantage of this energy conservation program. The PSE Conservation Grant Program covers 70% of the purchase and installation costs. The purchase price of the Neuros Turbo Blower is $95,832.00 (including tax); the blower installation costs are $9,431.00. The total cost of the project is $105,233.00, and PSE would reimburse the City the sum of $73,663.00, with the total cost to the City being $31,570.00. The ROI (return on investment) would be achieved in 14 months. The existing blower needs to be replaced and would have been replaced with a unit of similar technology, but for the opportunity to use this PSE program to install a more expensive but higher efficiency blower.- To replace the existing unit with a similar unit would have cost over $70,000. Phil Williams, Public Works and Utilities Director stated that through this program the city has received about $212,000 in capital equipment; and thanked Puget Sound Energy for their contribution. Linda Simpson asked how long the blower would last; and how the maintenance costs of the new blower compare to the previous one. Pat Coxon responded the new blower would last about 20-years; and answered that the maintenance costs ar~ far lower. 6: 24:03 The Main Motion was made as comments were madeand discussion continued by the Council...Staffwas also thanked for finding ways to save the City money... 6:31 :14 M/S/C/U (Arends/Runyon) Move to accept the PSE Conservation Grant and approve the purchase of the Neuros Turbo Blower from APG-NEUROS INC., for $95,832.00. Further authorize appropriate amendments to the approved 2008 Budget to reflect the expenditure of $105,233 for the blower replacement project and the receipt of a $73,633 grant from PSE. 7C - RESOLUTION NO. 3060 WITH THE PORT OF BREMERTON FOR ENGINEERING SERVICES TO CONSTRUCT A WATER MAIN, (#AB08-130l: City Enaineer Michael Mecham stated that PALMER MARINE LLC is expanding and relocating their marine manufacturing facility to a location in SKIA just east of the airport. A new water main is needed to serve this new facility. The Port of Bremerton has obtained a Community Trade Economic Development (CTED) for construction of the water main. The grant requires that a resolution be passed by the City as to our commitment to provide engineering services. Phil Williams, Public Works & Utilities Director, added thaUhis project will allow the business to stay in Kitsap County instead of relocating out of state. .:" There were no comments from the public...' . 6:36:14 The Main Motion was made as discussion continued by the Council.. . Clarification was provided regarding safety issues with the FFA and Port; and appreciation was expressed for the retention of businesses and tax dollars. . . 6:39:30 M/S/C/U (Robinson/Arends) Move to pass Resolution No. 3060 approving engineering services for the construction of a water main with the Port of Bremerton. COUNCil MEMBER REPORTS Carol Arends provided some history on CTED grants and was pleased in the outcome of the most recent grant for the city. City Council Reg. Mtg. Minutes Wednesday, May 21,2008 Page 5 of 5 Dianne Robinson announced that Luigi's Bakery opened at 2112 15th Street next to Hi-Lo's Cafe and encouraged people to visit the new business. Mike Shepherd provided an update on the Evergreen Park Centennial Celebration and encouraged people to volunteer. Roy Runyon reported on the recent District 4 Community meeting; and mentioned that budget work sessions will begin soon and encouraged citizens to attend the sessions to see how the City prepares its budget, which he hoped would keep the line of communication open to meet the goal of building trust with citizens. He congratulated fellow Council Member Brad Gehring for the Veterans Group winning an award in the Armed Forces Day Parade. Adam Brockus reiterated that the next District 3 Community Meeting would be held on Tuesday, May 27 starting at 7:00 PM at the Bremerton Senior Center located at East 13th & Nipsic Avenue, and that the program would also include a presentation by Fire Chief AI Duke on the "August EMS Levy". . Brad GehrinQ was pleased with the Police and Fire support atthe Armed Forces Day Festival; and thanked CenCom Director Ron McAffee for his years of service. Will Maupin was impressed with the military security detail during the Armed Forces Day Festival; and announced that the Kitsap Transit Board agreed to 1) raise bus fees slightly 2) cut service to low use routes; and 3) approved free summer foot ferry service between Port Orchard and Bremerton. With no further business, President Maupin adjourned the Council Meeting at 6:48 PM. Prepared and Submitted by: ~2ntfor CHRISTINE GRENIER, Council Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # __0 8 -=-_J3~ DATE SUBMITTED: 5C ...............................................................................0........ Committee Meeting Date: N/ A COUNCIL MEETING Date: :::fZJ VI-e.... 4 I 2.00 g Department: City Council Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held M~y 2..8 I 2-00 g SUBJECT: City Council Meeting Minutes for meeting of MOvV 28} ;2ooB ATTACHMENTS: Meeting Minutes for MCU( J.~) ;;Loo 8 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS:' DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: ~ ;;:a ~r~ CONSENT AGENDA [0" GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, May 28,2008 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room in Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street, Bremerton, Washington, Wednesday, May 28, 2008, at 5:00 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Legislative Assistant Lori Smith was also present to provide staff support to the Council. President Maupin announced that the Study Session was for the Council to hear presentations on upcoming agenda items. It was further announced that this Study Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change. A. NO DISCUSSION PLANNED - The following are budgeted items or have been reviewed by the appropriate Council Committee; and will be placed on the next Council Meeting Agenda for action: 1. Reappointment of Eric Anderson to the Bremerton Housing Authority Board of Commissioners - Mayor Bozeman Consent 2. Approval of Remedial Action Grant Agreement with the Department of Ecology for the former Chevron property - Tom Knuckey, Public Works and Utilities; and Cecil McConnell, Public Works Committee Chair Consent 3. Approval of a 10-year Land Lease Agreement between the City of Bremerton and Donna Hammargren for Sewage Pump Station EB-4 - Pat Coxon, Public Works and Utilities; and Cecil McConnell, Chair of the Public Works Committee Consent 4. Contract Award for Construction of Reservoir Seismic Valve Upgrade to STAN PALMER CONSTRUCTION - Michael Mecham, City Engineer; and Cecil McConnell, Chair of the Public Works Committee Consent 5. Proposed Resolution, authorizing an application to the Washington State Recreation and Conservation Office for a Lions Park Grant - Wyn Birkenthal, Parks & Recreation Director; and Brad Gehring, Chair of the Public Safety & Parks Committee Consent B. FULL DISCUSSION ITEMS 6. Redevelopment Grant Contract with Washington State Department of Ecology for Lions Park - Wyn Birkenthal, Parks & Recreation Director; and Brad Gehring, Chair of the Public Safety & Parks Committee General Business 7. Agreement with the U.S. Golf Association for the 2011 Junior Amateur Championship Tournament - Wyn Birkenthal, Parks & Recreation Director; and Darrel Metheney, Gold Mountain Golf Complex; and Brad Gehring, Chair of the Public Safety & Parks Committee General Business 8. Proposed Ordinance, creating the Bremerton Harborside Revenue Development Area _ Laura Lyon, Financial Services Director; and Nick Wofford, Finance Committee Chair Public Hearing City Council Study Session Minutes Wednesday, May 28,2008 Page 2 of 2 C. GENERAL COUNCIL BUSINESS City Attorney Roaer Lubovich briefed the Council on a recent discussion he had with the owners of the South Pacific Sports Bar in response to their contact with the City; and Phil Williams and Bill McKinnev discussed the recent theft of maple trees from the City's watershed property, and provided a Power Point presentation to propose ideas for additional security measures. It was suggested that a Study Session could be scheduled in the near future to continue this discussion in further detail. With no further business, President Maupin adjourned the Council Study Session at 7: 1 0 PM. P~~b: L RI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL .SD DATE SUBMITTED: May 21,2008 *08- 135 - ........................................................................................ SUBJECT: Reappointment to the Bremerton Housing Authority Board of Commissioners Committee Meeting Date: May 28, 2008 COUNCIL MEETING Date: June 4, 2008 Department: Executive Presenter: Mayor Bozeman Phone: 360473-5266 SUMMARY: Eric Anderson's term on the Bremerton Housing Authority Board of Commissioners expires on 7120/08. It is recommended he be reappointed to fill another term. ATTACHMENTS: Application for appointment available in the Mayor's office. FISCAL IMP ACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~ CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDE T' RECOMMENDED MOTION: Move to confirm the reappointment of Eric Anderson to the Bremerton Housing Authority Board of Commissioners. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DA TE SUBMITTED: May 21, 2008 BILL# DB - (3 Co AGENDA BILL CITY OF BREMERTON CITY COUNCIL SE ........................................................................................ SUBJECT: Approval of Remedial Action Grant Agreement with the Department of Ecology for the Former Chevron Property. Committee Meeting Date: May 28, 2008 COUNCIL MEETING Date: June 4, 2008 Department: Engineering Presenter: Tom Knuckey Phone: 473-2376 SUMMARY: The Washington State Department of Ecology has offered the City a Remedial Action Grant to provide 75% reimbursement of costs associated with implementing the Agreed Order at the former Chevron Property. A total of $1,176,750 is offered at this time. ATTACHMENTS: 1.) Council Summary; 2.) Remedial Action Grant Agreement; 3.) Site Plan. FISCAL IMPACTS (Include Budgeted Amount): This grant provides funding for the Remediation Work which is underway at the former Chevron Property. These grant funds were included in the 2008 budget. COMMITTEE CHAIR COUNCIL PRESIDENT: l' A-tff APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Remedial Action Grant Agreement with the State of Washington Department of Ecology, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action T:\ALL USERS\WOODS\Agenda Bills\2008\Remedial Action Grant\AB - RA Grant.doc COUNCIL SUMMARY REMEDIAL ACTION GRANT AGREEMENT WITH THE WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE FORMER CHEVRON PROPERTY Summary The State of Washington Department of Ecology has offered Grant No. G0800507 to the City for remediation of the former Chevron Property. $1,176,750 in grant funds are offered to reimburse 75% of costs for the Site Investigation, RIfFS, Cleanup Action Plan, and the Site Cleanup Interim Action. No funds were offered for the shoreline restoration; however, additional funding may be forthcoming for this work. Fiscal Summary This grant funding has been included in the Capital Improvement Plan, and the 2008 Budget. Grant Funding Offered Match Required $1,176,750 (75%) $392,250 (25%) Council SummalY Remedial Action Granl May 2008 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton REMEDIAL ACTION GRANT AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON This is a binding agreement entered into by and between the state of Washington Department of Ecology, hereinafter referred to as the DEPARTMENT, and the City of Bremerton, hereinafter referred to as the RECIPIENT, to carry out the activities described herein. RECIPIENT ADDRESS 3027 Olympus Drive Bremerton, WA 98310-4799 RECIPIENT REPRESENTATIVE Thomas Knuckey, Engineer RECIPIENT TELEPHONE NUMBER FAX (360) 473-2376 (360) 473-5398 RECIPIENT PROJECT MANAGER Thomas Knuckey, Engineer DEPARTMENT GRANT MANAGER FAX Diane R. Singer, (360) 407-6062 (360) 407-6102 DEPARTMENT TECHNICAL STAFF Panjini Balaraju, (306) 407-6161 FUNDING SOURCE Local T oxics Control Account STATE GRANT SHARE $1,569,000 $1,176,750 $392,250 MAXIMUM ELIGIBLE COST LOCAL SHARE STATE MAXIMUM GRANT PERCENT 75% FEDERAL TAX IDENTIFICATION NO. 91-6001231 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton The effective date of this grant agreement is October 1,2005. Any work performed prior to the effective date of this agreement without prior written authorization and specified in the Scope of Work will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than June 30, 2009. SITE mSTORYIBACKGROUND The Former Chevron Property is a 1.4 acre waterfront property located on the Port Washington Narrows at 1310 Highland Avenue in Bremerton, Washington. The site formerly contained a bulk fuel distribution facility, which operated from prior to 1946 until circa 1988. As determined by several past environmental investigations, still petroleum contamination exists in soil and groundwater at the site as a result of past fuel releases. Products handled at the former bulk fuel distribution facility consisted primarily of diesel and gasoline. The site is divided into two operations areas known as the "upper yard" and "lower yard." The "lower yard" was the former location of fuel loading and offloading operations. Fuel was offloaded from barges at a fueling pier in the Port Washington Narrows and pumped through above-ground piping to twelve (12) above- ground storage tanks (ASTs) located in the upper yard. Fuel was loaded from the ASTs to tanker trucks at four loading racks in the lower yard through above-ground piping. An exception is piping south of the former garage, which extended underground beneath the driveway to supply fuel to the southwestern loading rack. All above-ground piping in the vicinity of the former garage was removed. While operating as a bulk fuel storage facility, shoreline modifications were implemented at the site, including filling and shoreline armoring. The armored shoreline has been failing in recent years due to the lack of maintenance. AGREED ORDER NO. DE-07TCPHQ-5024 Remedial activities will be performed in compliance with the Agreed Order. The document Work Plan for Remedial Investigation/Feasibility Study, Interim Action, and Shoreline Restoration (Work Plan), Former Chevron Property, Bremerton, Washington (Parametrix 2007) is included in the Agreed Order. CURRENT STATUS The Former Chevron Property is owned by the City of Bremerton and is currently a vacant lot. All above-ground structures have been removed. The site is listed on the DEPARTMENT'S Confirmed and Suspected Contaminated Sites List as Facility ID No. 2618. 2 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton REMEDIAL ACTMTIES Remedial activities under the agreed order will include a remedial investigation/feasibility study (RIfFS) to determine the nature and extent of contamination remaining at the property. As a part of the remedial investigation, a . number of soil borings will be drilled for collecting soil samples at appropriate depths. These soil samples will be analyzed for the petroleum related contaminants of concern for defining both lateral and vertical extent of contamination. In addition, three new monitoring wells will be installed for the groundwater investigation. Both new and existing groundwater monitoring wells will be sampled to determine the current contaminant concentrations, as well as to define the extent of petroleum-related contamination. Data derived during the RVFS will be used to develop and refine an Interim Action to address the contamination. The interim action will be intended to meet the Model Toxics Control Act requirements for a cleanup action. The interim action will consist of: · Removal of sources through the excavation of contaminated soils. · In-situ chemical oxidation/reduction of other remaining minor residual soil contamination. · In-situ enhanced bioremediation of dissolved and adsorbed hydrocarbons in the contaminated plume using oxygen-releasing compounds. A Pilot Study will be performed during the feasibility study to test the selected in-situ chemical oxidation process. During this process an appropriate chemical and its quantity will be determined for treating all residual source areas as a part of the final treatment. After the Interim Action has been successfully implemented, the shoreline will be restored. Restoration will be designed to return the majority ofthe site's shoreline to a natural beach profile. All bulkheads and existing fill soils along with the site's southern shoreline will be removed. The new beach will be sloped to match existing natural beaches in the area and will be surfaced with sand and gravels appropriate for forage fish spawning (beach nourishment). To the north of the beach, a pocket beach will b e constructed which will also be surfaced with beach nourishment. OUTCOMES EXPECTED It is expected that the Interim Action will reduce the contaminant concentrations at the site to near or below the cleanup levels established under the Work Plan. The Interim Action will remove an ongoing source of petroleum contamination to Port Washington Narrows. Residual contamination will continue to be reduced over time by natural attenuation. Shoreline Restoration will replace pre-existing shoreline habitat and provide a 'safe recreational beach area. 3 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton Settlements with Potentiallv Liable Persons and Insurance Companies If the RECIPIENT successfully pursues a future private right of action against a potentially liable person, the local government shall reimburse the DEPARTMENT for a proportionate share of the money received. Furthermore, if the RECIPIENT receives future proceeds from an insurance claim, and the amount is greater than the difference between the total remedial action costs and the DEPARTMENT's grant, then the RECIPIENT must reimburse the DEPARTMENT for any project expenditures funded by the grant. SCOPE OF WORK This grant will cover the costs associated with the remedial activities that meet the eligibility requirements of the Remedial Action Grant Program Guidelines (Ecology Publication #07-07-032 October 2007) and the Administrative Requirements for Ecology Grants and Loans (Ecology Publication #91-18 Revised September 2005). Indirect costs are limited to 25 percent of the salaries and benefits applied directly to the project (see Additional Budget Conditions). Legal fees associated with this project are not grant eligible. The task(s) set forth below summarize the RECIPIENT's activities, budget(s), and schedule(s). 1. PROJECT TASK: SITE SEDIMENT INVESTIGATION Schedule: October 1, 2005 to May 31, 2006 Proiect Description: This task will provide funding for the RECIPIENT to complete the following tasks: . Prepare a draft and final sampling and analysis plan. . Plan field investigation to investigate site sediment for contamination. . Perform sampling/analysis for contaminants of concern in sediments. Including bioassay testing to define the extent of sediment contamination. . Prepare a sediment investigation report. All sampling data shall be submitted to the Department of Ecology in both printed and electronic formats in accordance with WAC 173-340-840(5) and Department of Ecology's Toxics Cleanup Program Policy 840: Data Submittal Requirements. Failure to properly submit sampling data will result in the withholding of grant funding. 4 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton 2. PROJECT TASK: REMEDIAL INVESTIGATION/FEASIBILITY STUDY WORK PLAN AND AGREED ORDER Schedule: August 27, 2006 through December 31, 2007 Proiect Description: This task will provide funding for the RECIPIENT to complete the following tasks: · Prepare and submit to the DEPARTENT a draft RIfFS and Interim Action Work Plan (work plan) for review. · Prepare a final work plan based on the DEPARTMENT's comments for approval. · Coordinate with the DEPARTMENT in finalizing an Agreed Order for the site. · Prepare a SEP A checklist for the Determination of Non-Significance. · Prepare and implement a public involvement plan. · Perform project management and administration All sampling data shall be submitted to the Department of Ecology in both printed and electronic formats in accordance with WAC 173-340-840(5) and Department of Ecology's Toxics Cleanup Program Policy 840: Data Submittal Requirements. Failure to properly submit sampling data will result in the withholding of grant funding. 3. PROJECT TASK: REMEDIAL INVESTIGATIONIFEASIBILITY STUDY AND DRAFT CLEANUP ACTION PLAN Schedule: December 31,2007 through March 30,2010 Proiect Description: This task will provide funding for the RECIPIENT to complete the following tasks: · Install additional/new groundwater monitoring wells to investigate for the extent of groundwater contamination. · Drill soil borings to redefine the extent of soil contamination including sources. · Perform soil and groundwater sampling and · Prepare and submit to the DEPARTMENT a draft pilot scale study technical report/proposal for review and approval. 5 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton · Perform chemical oxidation pilot scale study · Prepare and submit to the DEPARTMENT for review and approval, a draft chemical oxidation technical plan for the full scale treatment. · Complete the Remedial Investigation/Feasibility Study report and Cleanup Action Plan and submit to the DEPARTMENT for review and approval All sampling data shall be submitted to the Department of Ecology in both printed and electronic formats in accordance with WAC 173-340-840(5) and Department of Ecology's Toxics Cleanup Program Policy 840: Data Submittal Requirements. Failure to properly submit sampling data will result in the withholding of grant funding. 4. PROJECT TASK: INTERIM ACTION Schedule: June 15,2008 through February 25,2010 Proiect Description: This task will provide funding for the RECIPIENT to complete the following tasks: · Based on the RI results, prepare and submit an excavation plan to the DEPARTMENT for review and approval. · Site preparation/remove clean overburden. · Perform source soil excavation to remove hot spots and dispose of the contaminated soils. · Confirmation soil sampling and analysis. · Backfill the excavation with the clean soil and gravel. · In-situ oxidation for the treatment reduction of the other source areas including the material and injection costs. · Enhance bioremediation including the material and injection cost. · Interim Action Project management and field oversight. FUND SOURCE Costs are approved consistent with the most recent budget plan. To change how funds are spent, the RECIPIENT must request in writing to revise the budget plan, and the DEPARTMENT must approve this request in writing and approve the revised budget plan by date and signature. Revised budget plans the DEPARTMENT approves are incorporated into this agreement by reference. 6 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton Total Eligible Project Cost 'Fund',.," , "FuJid'Share(%.) ; " "~, _'.-";',....J,' 1.'."_" $1,569,000 ',~';;iM~ufu:~4,~d,^ri1o~nt'. $1,176,750 ,,", " Local Toxics Control Account . . . ~,'",..."" -: ' / Mitc~Reql!n:eDi~~t~.{,'~~,:;~'- , Cash Match 75% ,,:: ~~t~~':~~llte"(:~)~::.;;;~')?}~~~';~;~;~!{; ..,~~t~i:~~~~ilt~.,z:;:.~i, 25% $392,250 BUDGET PLAN 4. I~te~im ActIon TOTAL: $1,569,000 $1,176,750 7 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton ADDITIONAL BUDGET CONDITIONS 1. Overhead is eligible; the RECIPIENT may charge 25 percent of the RECIPIENT salaries and benefits applied directly to the project as overhead. 2. The fiscal office will monitor expenditures at the task level. A letter amendment is required to redistribute costs among tasks. A formal amendment is required to increase state funding. 3. The maximum allowable amount from L TCA is $1,176,750. 4. Cash match will pay all remaining costs. 5. The RECIPIENT must submit supporting documentation for all costs incurred organized by project task. 6. The RECIPIENT contact and telephone number for billing/invoice questions is Cathy Johnson, Finance Officer, City of Bremerton, (360) 473-5296. 7. Payment to the RECIPIENT from the DEPARTMENT shallbe made payable to the City of Bremerton, 345 6th Street, Ste 600, Bremerton, W A 98337-1873. 8 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton SPECIAL TERMS AND CONDITIONS A. MINORITY AND WOMEN'S BUSINESS PARTICIPATION The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. In the absence of more stringent goals established by the RECIPIENT'S jurisdiction, the RECIPIENT agrees to use the DEPARTMENT'S goals for MBE and WBE participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6% WBE Architecture/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4%WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and the DEPARTMENT shall not base any contract award or rejection on whether the RECIPIENT achieves the goals. The DEPARTMENT encourages achievement of the goals, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the _ effective date of this agreement: 1. Include qualified MBEs and WBEs on solicitation lists. 2. Make sure to solicit qualified MBEs and WBEs whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit qualified MBEs and WBEs to take part as much as possible. 4. Establish delivery schedules, where work requirements permit, which will encourage qualified MBEs and WBEs to take part. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). 9 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on a form provided by the DEPARTMENT, payments made to qualified firms. The FORM D report includes: 1. Name and business identifier of any OMWBE-qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. B. PROCUREMENT AND CONTRACTS 1. The RECIPIENT shall provide written certification that it will follow its standard procurement procedures and/or applicable state law in awarding contracts; RECIPIENTS with no formal procurement procedures must certify that they have complied with the "Standards for Competitive Solicitation," found in the Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005). 2. Upon issuance, the RECIPIENT shall submit a copy of all requests for qualifications (RFQs), requests for proposals (RFPs), and bid documents relating to this grant agreement to the DEPARTMENT. 3. Prior to contract execution, the RECIPIENT shall submit all draft documents and a copy of the draft proposed contract to the DEPARTMENT for review and approval. Following the contract execution, the RECIPIENT shall submit a copy of the final contract to the DEPARTMENT. C. USE OF EXISTING CONTRACTS The RECIPIENT may use existing contracts that conform to adopted procurement procedures and applicable state laws. The RECIPIENT shall notify the DEPARTMENT if it used contracts entered into prior to the execution of the grant agreement for performance of grant-funded activities. D. SEPA COMPLIANCE To ensure that the state and local government officials consider environmental values when making decisions, the RECIPIENT shall comply with the provisions of the State Environmental Policy Act (SEPA), Chapter 41.23C RCW, and the SEP A Rules, Chapter 197 -11 WAC. The RECIPIENT shall send copies of the SEPA documents to the DEPARTMENT'S Environmental Review Section, appropriate regional office, and Solid Waste and Financial Assistance Program- Headquarters Section. 10 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton E. F AlLURE TO COMMENCE WORK In the event the RECIPIENT fails to commence work on the project funded herein within six (6) months after the effective date of this grant, the DEPARTMENT reserves the right to terminate this grant. F. GRANT PROJECT REPORTING Progress Reports: The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request. These reports shall be in accordance with the DEPARTMENT-approved reporting format as indicated in the Remedial Action Grant Guidelines, Publication #07-07-032 (Revised 2007), Appendix 3. The DEPARTMENT shall not approve payments without the required progress reports. The RECIPIENT shall complete and submit to the DEPARTMENT a spending plan projecting monthly expenditures for the time period of October 1, 2005 to June 30, 2009. The spending plan will be updated and submitted quarterly and reported with the progress report should there be any changes. The RECIPIENT shall also submit a 10 year budget forecast to the DEPARTMENT and provide updates as appropriate or requested by the DEPARTMENT. Progress reports and spending plan forms can be found on the DEPARTMENT'S website at http://www.ecy.wa.gov/programs/swfalgrants/rag.html, and in the Remedial Action Grant Guidelines, Ecology Publication #07-07-032 (Revised 2007). G. COMPENSATION The DEPARTMENT shall reimburse the RECIPIENT for eligible costs at least quarterly and no more than once a month. The RECIPIENT shall submit each request for payment on state voucher request forms the DEPARTMENT provides; the RECIPIENT shall include documentation of the expenses. The payment request form and supporting documents must itemize all allowable costs by major elements as described in the Scope of Work and approved budget plan. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans," published by the DEPARTMENT. All costs submitted must have supporting documents. H. GOVERNING LAW The laws of the state of Washington shall govern this agreement. 11 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton I. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for direct payment of salaries, consultant's fees, or any other costs related to the project described herein. 2. To the extent that the Constitution and laws of the state of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property, arising from the negligent act or omissions of the party or that party's agents or employees, while performing under this agreement. J. ARCHEOLOGICAL AND CULTURAL RESOURCES The RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to the archeological or cultural resources. RECIPIENT shall immediately cease work and notify the DEPARTMENT if any archeological or cultural resources are found while conducting work under this agreement. In the event that historical or cultural artifacts are discovered at the project site, the RECIPIENT must also notify the state historic preservation officer at the Department of Archaeology and Historic Preservation at (360) 586-3065. Applicability of the National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on-site activity with the potential to impact historic properties (such as invasive sampling, dredging, or cleanup actions). K. PRECEDENCE In the event of inconsistency in this agreement, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) Scope of Work and approved budget plan; (c) Special Terms and Conditions; (d) Remedial Action Grant Program Guidelines (e) any terms incorporated herein by reference including the Administrative Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005); and (f) the General Terms and Conditions (SS-OIO Rev. 05/02). L. ALL WRITINGS CONTAINED HEREIN This agreement, including the appended "General Terms and Conditions," the latest approved budget plan, and the DEPARTMENT'S Administrative 12 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton Requirements for Ecology Grants and Loans, Ecology Publication #91-18 (Revised September 2005), contain the entire understanding between the parties, and there are no other understandings or representations except as those set forth or incorporated by reference herein. No subsequent modification(s) or amendment( s) of this grant agreement shall be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and DEPARTMENT and made part of this agreement; EXCEPT a letter of amendment will suffice to change the DEPARTMENT'S grant manager or the RECIPIENT'S project coordinator or to extend the period of performance as set forth in the grant agreement and the DEPARTMENT'S grant manager may approve, by date stamp and signature, a revised project budget plan. GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements of the Department of Ecology A. RECIPIENT PERFORMANCE All activities for which grant/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIENT'S employees. The RECIPIENT shall not assign or subcontract performance to others unless specifically authorized in writing by the DEPARTMENT. B. SUBGRANTEE/CONTRACTOR COMPLIANCE The RECIPIENT must ensure that all sub grantees and contractors comply with the terms and conditions of this agreement. C. TIDRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this agreement, the state of Washington is named as an express third-party beneficiary of such subcontracts with full rights as such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architectural and engineering services shall be awarded through a competitive process, if required by State law. RECIPIENT shall retain copies of all bids received and contracts awarded, for inspection and use by the DEPARTMENT. E. ASSIGNMENTS No right or claim of the RECIPIENT arising under this agreement shall be transferred or assigned by the RECIPIENT. 13 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton F. COMPLIANCE WITH ALL LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and permits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and permits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmatively support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And Job Safety. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the DEPARTMENT shall have the right to immediately terminate this agreement for cause as provided in Section K.I, herein. G. KICKBACKS The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS I. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a manner which provides an audit trail for all expenditures. All records shall be kept in a common file to facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records shall be open for audit or inspection by the DEPARTMENT or by any duly authorized audit representative of the State of Washington for a period of at least three years after the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adjustments accordingly. 14 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton 3. All work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan termination or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in OMB Circular A-133 (Audits of States, Local Governments & Non Profit Organizations), including the compliance Supplement to OMB Circular A-133, if the RECIPIENT expends $300,000 or more in a year in Federal funds. The $300,000 threshold for each year is a cumulative total of all federal funding from all sources. The RECIPIENT must forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to the DEPARTMENT within ninety (90) days of the date of the audit report. I. PERFORMANCE REPORTING The RECIPIENT shall submit progress reports to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be due within twenty (20) days following the end of the quarter being reported. J. COMPENSATION 1. Method of compensation. Payment shall normally be made on a reimbursable basis as specified in the grant agreement and no more often than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation ofthe expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out in the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as described in the Scope of Work. Instructions for submitting the payment requests are found in "Administrative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be furnished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed up~:m designee. 15 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Budget deviation. Deviations in budget amounts are not allowed without . written amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENT'S request for reimbursement exceeds the State maximum share amount for that element, as described in the Scope of Work. 3. Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to the grant/loan agreement and performed after the effective date and prior to the expiration date of this agreement, unless those dates are specifically modified in writing as provided herein. 4. Final Request(s) for Payment. The RECIPIENT must submit final requests for compensation within forty-five (45) days after the expiration date of this agreement and within fifteen (15) days after the end of a fiscal biennium. Failure to comply may result in delayed reimbursement. 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten percent (10%) of each reimbursement payment as security for the RECIPIENT'S performance and a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENT'S sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under section J.6. herein. 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIPIENT or other public entities, it shall not exceed the amount allowed under state law for state employees. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work hereunder. K. TERMINATION 1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds there under and/or terminate this agreement by giving written notice of termination. 16 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremcrton A written notice of termination shall be given at least five working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement by the RECIPIENT. The DEPARTMENT may withhold payments for the purpose of setoff until such time as the exact amount of damages due the DEP AR TMENT from the RECIPIENT is determined. 2. Insufficient Funds. The obligation ofthe DEPARTMENT to make payments is contingent on the availability of state and federal funds through legislative appropriation and state allotment. When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph K.l above. When this agreement crosses the RECIPIENT'S fiscal year, the obligation of the RECIPIENT to continue or complete the project described herein shall be contingent upon appropriation of funds by the RECIPIENT'S governing body; Provided, however, that nothing contained herein shall preclude the DEPARTMENT from demanding repayment of ALL funds paid to the RECIPIENT in accordance with Section 0 herein. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the right to terminate this agreement. L. WAIVER Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. 17 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton M. PROPERTY RIGHTS I. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property, the RECIPIENT may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that are developed by the RECIPIENT as provided in 35 D.S.C. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish infomiation of the DEPARTMENT; present papers, lectures, or seminars involving information supplied by the DEPARTMENT; use logos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. Tangible Property Rights. The DEPARTMENT'S current edition of "Administrative Requirements for Ecology Grants and Loans", Part V, shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by the DEPARTMENT in the absence of state, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance ofthe project, it shall be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said property is lost, stolen or damaged while in the RECIPIENT'S possession, the DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. 5. Acquisition Projects. The following provisions shall apply if the project covered by this agreement includes funds for the acquisition of land or facilities: a. Prior to disbursement of funds provided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attol1).ey's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses contemplated by this agreement. 18 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECIPIENT shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other conversion or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. RECYCLEDIRECYCLABLEPAPER All documents and materials published under this agreement shall be produced on recycled paper containing the highest level of post consumer and recycled content that is available. At a minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or hypochlorite. As appropriate, all materials shall be published on both sides of the paper and shall minimize the use of glossy or colored paper and other items which reduce the recyclability of the document. O. RECOVERY OF PAYMENTS TO RECIPIENT The right of the RECIPIENT to retain monies paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the satisfactory completion of the project described in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT'S sole discretion, be required to repay to the DEPARTMENT all grant/loan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion ofthe DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT demands repayment of funds. Ifpayments have been discontinued by the DEPARTMENT due to insufficient funds as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENT'S property and the RECIPIENT'S liability to repay monies shall be reduced by an amount reflecting the fair value of such property. 19 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton P. PROJECT APPROVAL The extent and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEP ARTMENT through the Project Officer or other designated official to whom the RECIPIENT shall report and be responsible. In the event there is a dispute with regard to the extent and character of the work to be done, the determination of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPIENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the Director of the DEPARTMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Director's determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPIENT shall proceed diligently with the performance of this agreement and in accordance with the decision rendered. R. CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or carrying out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. INDEMNIFICATION 1. The DEPARTMENT shall in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 20 Grant No. G0800507 Oversight Remedial Action Grant Agreement with City of Bremerton 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING LAW This agreement shall be governed by the laws of the State of Washington. u. SEVERABILITY If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. v. PRECEDENCE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable Federal and State statutes and regulations; (b) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General Terms and Conditions. SS-OlO Rev. 05/02 IN WITNESS WHEREOF, the parties hereby execute this Grant Agreement: STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF BREMERTON Laurie G. Davies Date Program Manager Solid Waste and Financial Assistance Authorized Official Date Printed Name and Title Approved as to form only Assistant Attorney General 21 ....... \ ~" \ EXISTING'" '. PARK \ \ ~ ~ ~ SM\1r\ " '? ~ .. ~~. ........ MHHW "__,", " \. (~~;; / \~ - . 9.22'~ '___ ", '<, '\. ~ ~ SEWER "-', .-, -"..",.>...", O..z.~ PUMPSTATION~ /, ~-:.._~\::~::,' '. '.:. '\ _____u_____ _ ___u____ Ul Gl"" h -.......-"\ \ ....." 0--' EXISTING ~,\,' / - -', \ \1 \ '\ ',- '. '- CONCRETE RUBBLE ,; ',"', -- -- - - -- ~\ ~.; .' / _- ',: ',)1:\ ',,\\\ SHORELlNEARMORING'( , TRANSFER ,~ ,J' /~':" /;. ,/ ,:.':<\;, \\\"_ TOBEREMOVED .. I TOWER~ J' '- '" J/ , ,\~\\'I \ ,,\ \ . /;:-, ....--" '.....,y@O//".r \ \~'\,--', ~\ \ \:~ "-(~ ; //'\", / ..."" /:; / -,." 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":"::';/;'~'" 1\<>' / PAVING, SIDEWALKS., \\ II'I 11\ ~ ./ ) \;- '.. ,: f!:~tt<~v/ . -" / / I. AND PLANTERS TO \~\ I\I~ ~\\r'\ \ \, \':-VJ( . 'A';.f'V.: / ~"'-:/.' /' \ \\\ \\ ) \ \;,,~ ";::",'''' If/'" ,;;'::~~' I " / BE REMOVED \ · 1\\\ \\ (/ \ \ \'" '([[j;'C<" -/A I \ 1\1\"\\ /,; ------,_.._~\ "', ' ':, _:jl'_ Ie.':, /-.~J : I '-'\\ \;\\\ \\\ I"... \ 1", '. _- ~ / "/ / \\ <, \..: \I,'r--- .' \ / ~' ~/ / \\ \\,,\\, ' ~I'" ' ,I, 1';" Z ,/ 1\ 1\ \ \ I ~ I, \,.",'-;-,',:,;::--/' II ,', ~-, ; /'; / --, II\~,\\\~, '\' \ ~ '1 \ I " ~, "~ \..f0 /' r I 1\\"" ,'" I I \':'/\, ,,'j,\) ~J"!-' /~' ''iJ~/ /// " \\'6~~~~~< I r ,., /"......./ {./ ,! ~//' ,-J; ,/ \ i \~ ~'" ?;X' \1 _ J! I VI/ -- -- 0 /~\:;; 1); //---~, ' I I \"" '~~\\\'" I I I / ~ \J J ," __ -- .J \ \ ,-'- \ \ I' \ I ,,\ / SIDEWALK __ fi"",:"'>/'\'{p,O .-----...... '\', //~,1-:,;,>,,''<51:),,: '\ / TO BE REMOVED - /)~/ '\(U't~ ",'~ /~;:-::-:.~,1/ /,. ',\ " ___./ __------ ___1PK..'<;! //,\'\/\ ,/----__~" "'-___;:~/-:-.-:-.,://' cs.. , \ \\, -- ~ /l r- rn /---- 'ZlJ)'~ //' 0//,/ /-"""... /~_~;>/ .... '. \ .-/ / ~ "' ' J'"'' "'^' / / / / '. '-, ~~-'---r" ~~' I _-- _ __-'./, 1- ~/" "'~-:::./// ;...., . ~ /' __-- \\, I I' ,-'-_--:::'-/// \ ,"'I ~ _fl' I ,- y' - ~<}ti\. 1<1 (() '.'~~_/// /. ~/ \ SHELDON BOULEVARD @ c5V:!.Jli\ / '::// ,~ --~~" ~ (~'~~::::---~.-. TrIr"-~--~- @ ~ \'!/I\\ '<. '" '~\ ~.'~._ _ _u-..u__.~~ \~</, :? \., \. \ \\. \ <Q. \\ \ <50 . '.',~ ' '- " , PLUMBERS BUILDING TO BE REMOVED NOTE: MHHW, MLLW AND CONTOURS SHOWN IN FEET NAVD 88 PURPOSE: TOPROVlDEADACOMPlJANTPUBUC ACCESS TO THE BREMERTON WATERFRONT, REPlACE OBSOLETE SEWER'INFRASTRUCTURE, & CONDUCT ClEAN-UP & RESTORATION WORK ATTHE CONTAMINATED EVERGREEN PARK EXPANSION SITE DATUM: VERT: NAVD 88 HORIZ: NAD 83/91 WA NORTH LAT/LONG: 47" 34"/1220 37" ADJACENT PROPERTY OWNER: 34 PARCELS. SEE SHEET 19 EXISTING CONDITIONS EVERGREEN PARK EXPANSION SITE ~ 0 60 I I SCALE IN FEET BREMERTON BOARDWALK PROJECT IN: SECTION 13. TOWNSHIP 24N. RANGE 1E CITY OF: BREMERTON BODY OF WATER: PORT WASHINGTON NARROWS COUNTY OF: KITSAP STATE OF: WA APPLICATION BY: CITY OF BREMERTON DEPT OF PUBLIC WORKS AND UTILITIES SHEET 13 OF 19 NOVEMBER 2007 :-'1..- [~r;~IJqrH)6J~'Ct,T13C~u 02 o g - 137 DATE SUBMITTED: May 21, 2008 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF ..................................8...................................................... SUBJECT: Approval of a 1 0 Year Land Lease Agreement between City of Bremerton and Donna Hammargren for Sewage Pump Station EB-4. Committee Meeting Date: May 28, 2008 COUNCIL MEETING Date: June 4, 2008 Department: WWTP Presenter: Pat Coxon Phone: 473-5448 SUMMARY: This is a renewable land lease agreement with Donna Hammargren for the property at 1369 Jacobsen Boulevard which Sewage Pump Station EB-4 is located. In previous years, the City renewed it for a three year period, but we have opted for a ten year lease agreement at $60 per year. ATTACHMENTS: 1.) Approved Lease Agreement FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the Wastewater Operations and Maintenance, Bars # 535.8032-54510-58200. The yearly rent is $60.00, payable on the first day of October. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the land lease for Sewage Pump Station EB-4 between the City of Bremerton and Donna Hammargren and authorize the Mayor to execute this lease in substantially the same form as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action T:\ALL USERS\WOODS\Agenda Bills\2008\Approval Land Lease Hammargren\PatCoxonAgendaBill.doc LEASE THIS INDENTURE, made the day of , 2008, between Donna C. Hammargren ("Lessor") and the City of Bremerton ("Lesee"), WITNESSETH: That the Lessor does by the~e presents lease and demise unto the said Lessee the following described real property and premises, situated in the County of Kitsap and State of Washington, to wit: That portion of Lot 9, McTeigh's Garden Tracts in the northwest quarter of the northwest quarter of section 18, township 24 North, Range 2 East, W.M., described as follows: Beginning at the intersection of the south line of said Lot 9 and the westerly margin of Jacobsen Avenue and running thence westerly along said south line 20 feet; thence northeasterly, parallel to said westerly line of Jacobsen Avenue 20 feet; thence easterly parallel to said south line of Lot 9, to said westerly margin of Jacobsen Avenue; thence southwesterly along said westerly margin to the point of beginning. With the appurtenances, for the term of ten years, and thence renewable for a period of one to ten years at the option of the Lessee from the first day of October 2008, at the rent sum of Sixty and no/IOO dollars ($60.00) per year, payable in lawful money of the United States of America, in advance, on the first day of October, each and every year during said term of this lease. It is hereby agreed, that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for the said Lessor to re-enter the said premises and remove all persons therefrom; and the said Lessee does hereby covenant, promise and agree to pay the said rent in the manner hereinbefore specified; and not to let or underlet the whole or any part of the said premises nor assign this Lease, or any interest therein, without the written consent of Lessor. At the expiration of said term, Lessee will quit and surrender the premises in as good state and condition as they are now, ordinary wear and damage by the elements or fire excepted. Lease Page 1 of 3 Lessor represents that she has legal title to the premises and will hold harmless, indemnify and defend Lessee from any claims made relating to Lessor's interest in the premises as represented herein. IN WITNESS WHEREOF, the parties have set their hands and seal on the dates as indicated below. LESSOR: DONNA C. HAMMARGREN Date: LESSEE: CITY OF BREMERTON By: Carl' Bozeman, Mayor Date: STATE OF WASHINGTON ) ) ss. ) COUNTY OF KIT SAP On this day of , 2008, before me a Notary Public in and for the State of Washington, personally appeared DONNA C. HAMMARGREN to me known to be the individual that executed the foregoing instrument, and acknowledged it to be the free and voluntary act, for the uses and purposes mentioned in this instrument, and on oath stated that she were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires Lease Page 201'3 STATE OF WASHINGTON ) ) ss. ) COUNTY OF KITSAP On this day of , 2008, before me a Notary Public in and for the State of Washington, personally appeared CARY BOZEMAN to me known to be the Mayor of the City of Bremerton, a Washington municipal corporation that executed the foregoing instrument; and acknowledged it to be the free and voluntary act and deed of the corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney Lease Page 3 of3 DATE SUBMITTED: May 21,2008 BILL # D8 -l3 B AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5f$- ........................................................................................ SUBJECT: Award Contract for Construction of Reservoir Seismic Valve Upgrade to,jt(:in-Po.lmey CcosiTt,chon. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: May 28, 2008 June 4, 2008 Engineering Michael Mecham 473-5288 SUMMARY: Sealed bids for construction of the project titled "Reservoir Seismic Valve Upgrade" were opened on May 20,2008. The engineer's estimate for this project is $250,000. (p bids were received for this project. stMaln,tri"'" (~(lAtt\cn.was the lowest responsive, responsible bidder with a bid of$ b\.5'3. [)'XI, 1)D (including sales tax). I ATTACHMENTS: 1. Council Summary; 2. Aerial Photos; and 3. Bid Tabulation. FISCAL IMPACTS (Include Budgeted Amount): Construction of this project is funded by DWSRF Loan #03-65103-010. This project is included in the CIP and 2008 budget. The 2008 budget for this project is currently $100,000. The recommended increase of $200,000 will provide sufficient funds for the construction. APPROVALS: DEP AR TMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to award a contract in the amount of $.:9. '53 ) 5 <6 \ , 00 (including sales tax) withSt(~(\..yl\ln/wylbn9-(lAttmlfor construction of the project titled "Reservoir Seismic Valve Upgrade" and authorize the Mayor to finalize and execute the necessary contract documents for construction, and approve a budget amendment for an increase of $200,000 for expenditures and revenues from loan proceeds. COUNCIL ACTION: D Approve D Deny D Table 0 Continue 0 No Action T:\ALL USERS\ WOODS\Agenda Bills\2008\Award Contract Reservoir Seismic Valve Upgrade\Agenda Bill_ RSVU _ WJD _ 080506.doc COUNCIL SUMMARY AWARD OF CONSTRUCTION CONTRACT TO STAN PALMER CONSTRUCTION FOR THE PROJECT RESERVOIR SEISMIC VALVE UPGRADE Summary Seismic upgrades will be done at Reservoirs 19, 17/20, and 15/18. Upgrades consist of installing automated seismic sensors and control equipment to isolate these reservoirs during a significant earthquake. The lowest, responsible bidder for this contract was Stan Palmer Construction in the amount of $253,581.00. Fiscal Summary This project is being funded by a Drinking Water State Revolving Fund (DWSRF) loan from the Washington State Public Works Board. The loan fund is summarized in the table below: The DWSRF loan funds seismic upgrades at several reservoirs; approximately $180,000 was expended at Reservoirs NO.5 and 8 from 2004 - 2006. The current project upgrades Reservoirs 19, 15/18 and 17/20 and completes all work to be funded by this loan. The estimated cost of this project is $250,000; the 2008 budget is $100,000. Two issues have combined to cause the 2008 costs to increase. First, staff had assumed that the construction at each reservoir site could be completed under the statutory limit of $50,000/site; however, further design in 2007 subsequent to the budget development indicated that this was not possible. In addition seismic isolation at a third site (Reservoir No. 19) was added. Finally, staff assumed that the FLO-LOC seismic sensors and control equipment would be purchased in 2007, and installed in 2008; however, this purchase was not completed in 2007 due to competing priorities and workload. A budget adjustment is therefore necessary for 2008 in the amount of $200,000, increasing the budget for this work to $300,000. Additional funding for the increase is available from the DWSRF Loan. DWSRF Loan 03-65103-010 Values Loan Amount $505,000 Loan Fee (included in Loan Amount) $5,000 Match Required 0% Term 20-years Loan Execution Date July 28, 2004 Loan Expiration Date October 31,2008 I nterest Rate 1.5% Annual Debt Service (Approx) $29,000 City of Bremerton May 2008 Reservoir Seismic Upgrade Construction I " l....~.lj. "i " CITY OF BREMERTON ;!?:f' BID TABULATION ."1 I' ,I ~ I, ;~r _li'i't:, . I ' .' Ii .1 BID TITLE: OPENED BY: Reservoir Seismic Valve Upgrade Project I . .0. . DATE OPENED: TIME OPENED: 2:05 PM RECORDED BY: May 20,2008 ITEM 5 ITEM 6 SUMMARY APPARENT LON BIDDER 51af\fA ~D~dl~Ekrl f ~rrsb THIRD LCJN BIDDER TOTAL BID COMMENTS ENGINEER ESTIMATE (INC SALES TAX) $ :t J531~ ,{JV ~ft, 15, 3D~ q5~.OV Carol Etgen ~ '~ Bill Davis DATE SUBMITTED: May 19,2008 BILL # og---139 51-1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ......................~~~~.G.~~......................................................... Nt) ; ~-o~ \ SUBJECT: Resolution authonzing Committee Meeting Date: mar 2~. ;2...oog application to the Recreation and COUNCIL MEETING I Conservation Office for a Lions Park grant. Date: \J V Yl e- 4- ( ;ZOo g Department: Parks & Recreation Presenter: W. Birkenthal Phone: (360) 473-5752 SUMMARY: In April of 2008, the Department of Ecology notified the City our application for $1 million to redevelop Lions Park will be funded. As the Ecology Grant is limited to specific improvements (pervious trails, parking, demolition of old hardscape, new restroom, park plantings, storm water filtration improvements), the Park Department would like to construct additional recreation improvements to Lions Park that remain unfunded. Application for a $500,000 Land and Water Conservation grant through the Recreation and Conservation Office (RCO) provides an opportunity to fund a high quality children's play area and redevelop the north portion of the park into a picnic and play meadow. Through this grant, a restroom will be added near the existing boat launch to serve the boating public and users of the newly developed play/picnic area. If successful, this grant application will allow the City to receive maximum value for the Lions Park improvement project as mobilization costs and other economies of scale will be received by upgrading the park in one construction window as opposed to piecemeal improvements. The Park Board, Public Safety and Parks Committee and Finance Committee have reviewed this request to apply for Land and Water Conservation funds through the RCO. A IT ACBMENTS: Resolution authorizing grant application. No. '3 0 ~ ( FISCAL IMPACTS (Include Budgeted Amount): $500,000 in planned capital improvements will be made available from outside sources reducing the local burden to upgrade the park. Maintenance and operating costs will not increase as the park land is already developed. The redevelopment will be of increased quality and increase the useable life span of the park's amenities. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ,J COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS N~. 3~\ PUBLIC HEARING 0 RECOMMENDED MOTION: I move to approve the resolution authorizing staff to make application to the Washington State Recreation and Conservation Office for a grant to improve Lions COUNCIL ACTION: 0 Approve 0 Deny D Table D Continue D No Action RESOLUTION NO. 30 (Q ( A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing application for federal funding assistance for a Land and Water Conservation Fund (L WCF) program project to the Recreation and Conservation Office as provided in the L WCF Act of 1965, as amended. Project Name: Lions Park Improvements WHEREAS, the City desire to make improvements to a City park known as Lions Park; and WHEREAS, the City has approved a comprehensive plan that includes this project area; and WHEREAS, under the provisions of the L W CF, federal funding assistance is requested to aid in financing the cost of land acquisition and/or facility development; and WHEREAS, the City Council considers it in the best interest of the public to complete the development project described in the application; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Mayor is authorized to make formal application to the Recreation and Conservation Office for funding assistance. SECTION 2. Any fund assistance received will be used for implementation of the project referenced above. SECTION 3. The City Council hereby certifies that it has secured funding for its share of project funding. SECTION 4. The City Council acknowledges that the City is responsible for supporting all non-cash commitments to this project should they not materialize (if applicable). SECTION 5. The City C~uncil acknowledges that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board must be placed in use for the funded purpose, and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization, the Recreation and Conservation Funding Board, and the National Park Service. 1 Lions Park Grant- Authorizing Resolution SECTION 6. This application becomes part of a formal application to the Recreation and Conservation Office. SECTION 7. The City Council provided appropriate opportunity for public comment on this application. SECTION 8. The City Council acknowledges that L WCF grants are federal funds and, as such, the City of Bremerton must comply with all applicable federal laws. \ SECTION 9. 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 10. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. day of PASSED by the City Council of the City ofBremerton, Washington this , 2008. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Legal\Legal\Resolutions\Parks\Grant Application Resolution-Lions Park.doc 2 Lions Park Grant- Authorizing Resolution DATE SUBMITTED: May 20th, 2008 BILL # 06- jLj.O AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~A ........................................................................................ SUBJECT: Grant Agreement with Washington State Dept. of Ecology for Lions Park Grant Committee Meeting Date: May 28, 2008 COUNCIL MEETING Date: June 4th,2008 Department: Parks Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: The attached grant agreement with the Department of Ecology will provide one million dollars toward the redevelopment of Lions Park. Under the agreement the City will use Low Impact Development Techniques (LID) to construct a new park restroom, improve parking, use native plantings to stop shoreline erosion, create a waterfront trail and construct a child friendly play meadow at the north end of the park. The project has been endorsed by the Bremerton Central Lions Club and has been reviewed by the Park Board, Council Finance Committee, Parks and Public Safety committees. The 25% grant match will be provided by the Parks portion of real estate excise tax and in-kind services including planting, site preparation, project design and project management. ATTACHMENTS: Dept. of Ecology Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): Match of $333,333 combined cash and labor and donations from service clubs. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~r' CONSENT AGENDA 0 GENERAL BUSINESS }a PUBLIC HEARING 0 RECOMMENDED MOTION: I move to authorize the Mayor to enter into the Lions Park redevelopment grant contract with the Department of Ecology and to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action STORMWATER MANAGEMENT IMPLEMENTATION GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON PARKS AND RECREATION DEPARTMENT THIS is a binding agreement entered into, by, and between the state of Washington Department of Ecology [the DEPARTMENT] and City of Bremerton Parks and Recreation Department [the RECIPIENT]. The purpose of this agreement is to provide funds to the RECIPIENT to carry out the requirements described herein. PART I. GENERAL INFORMATION Project Title: Lions Park Storm water Retrofit Grant Number: SW08044 RECIPIENT Name: Mailing Address: City of Bremerton Parks and Recreation Department 680 Lebo Blvd " Bremerton, W A 98310 RECIPIENT Contact: Telephone Number: Fax Number: E-Mail Address: Colette Berna (360) 473-5429 (360) 473-5882 Colette. berna@ci.bremerton.wa.us RECIPIENT Billing Contact: Telephone Number: Fax Number: E-Mail Address: Deann Irish (360) 473-5305 (360) 473-5882 Deann.Irish@ci.bremerton.wa.us Disbursement Name: Address RECIPIENT Federal ID Number: 91-6001231 Lions Park LID Stonnwater Retrofit City of Bremerton Grant No. SW08044 DEPARTMENT Project Manager: Mailing Address: Telephone Number: Fax Number: E-Mail Address: Anne Dettclbach Washington State Department of Ecology Water Quality Program Northwest Regional Office 3190 160lh Ave. SE Bellevue, W A 98008-5452 (425) 649-7093 (425) 649-7213 adet461@ecy.wa.gov DEP ARTMENT Financial Manager: Mailing Address: Telephone Number: Fax Number: E-Mail Address: Shelly Eisenbarth Water Quality Program \Vashington State Department of Ecology P.O. Box 47600 Olympia, W A 98504-7600 (360) 407-7039 (360) 407-7151 seis461@ecy.wa.gov DEPARTMENT Project Engineer Mailing Address: Telephone Number: Fax Number: E-Mail Address: Gerald Shervey Washington State Department of Ecology Water Quality Program Northwest Regional Office 3190 160lh Ave. SE Bellevue, W A 98008-5452 (425) 649-7215 (425) 649-7213 gshe461@ecy.wa.gov DEP ARTMENT Funding Source: FY2008 Stormwater Management Implementation Grant $1,504,651 $1333,333 $1,000,000 Total Cost: Total Eligible Cost: DEP ARTMENT Share: RECIPIENT Share: $333,333 DEP ARTMENT Maximum Percentage: 75 percent The effecti ve date of this bTfant abTfeement is January 31, 2008, according to a prior authorization letter issued by the DEPARTMENT f()r this grant and which is incorporated by reference. Any work pert<.mned prior to the efTective date of this agreement will be at the sole expense and risk of the RECIPIENT. Eligible costs incurred during the prior authorization period cannot exceed a Page 2 of 13 Lions Park LID St0n11watcr Retrofit City of Brcmerton Grant No. SW08044 total of $1 ,000,000. Costs exceeding this amount will also be at the sole expense and risk of the RECIPIENT. This a!:,rreemcnt will expire no later than June 30.2011. PART II. POST PROJECT ASSESSMENT. GOALS. AND OUTCOMES A. The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and status of eventual environmental results or goals from the application. The DEPARTMENT's Performance Measures Lead will e-mail the RECIPIENT the Post Project Assessment Survey approximately 60 days prior to the Post Project Assessment Date. This date will generally be three to five years after the agreement expires. The Post Project Assessment Survey is included as Attachment 1. This form is to be completed by the RECIPIENT and sent as an e-mail attachment to the DEPARTMENT's Project Manager and the DEPARTMENT's Water Quality Program Performance Measures Lead. The DEPARTMENT may conduct on-site interviews and inspections and may otherwise evaluate the Project. The DEPARTMENT will enter the information provided into its performance measures database to be provided to the Legislature, Environmental Protection Agency, and other natural resource agencies. The Performance Measures Lead will be available as needed during negotiations, throughout the project, and in the post project assessment period as a resource. Post Project Assessment Date: June 30,2014. B. Water Quality Goal(s): (Water Quality Goals are tangible environmental changes for the better. to be achieved or directly addressed by the project proposed. Use this format to state the overall goal of the project). The project will result in improved stormwater management and water quality protection and improvement of Sinclair/Dyes Inlet(insert water body(s) through implementation of: ***Choose appropriate goals. *** I. Stormwater system retrofits ') Low impact development best management practices, C. Water Quality Project Outcomes: (Water Quality Prr~ject Outcomes are quantitative results realistically anticipated.fi'om the p1"(~iect that wi!! direct(v lead to the Water Quali(v Goals.) List the project's Water Qualitv Proiect Outcomes.*** Page 3 of 13 Lions Park LID Storm water Retrofit City of Bremerton Grant No. SW08044 1. Remove 120,000 sf of pollution-generating shoreline asphalt parking surfaces and trails 2. Install 33,800 sf of new pervious parking 3. Install 6400 sf of pervious trails along shoreline 4. Establish 64,000 sf of new open ,green space along the shoreline 5. Install a combined biofiltration and/or biointiltration area to treat runoff of northwestern parking area 6. Install 1050 sf of green roof on new restroom/maintenance facility 7. Retrofit existing catch basins at impervious parking lots with spill protection 8. Remove invasive plants along 1925 linear feet of shoreline and restore with native vegetation to reduce erosion and sedimentation PART III. PROJECT DESCRIPTION This Low Impact Development project will retrofit 120,000sf of pollution-generating asphalt surfaces and shoreline trails at Lions Park, a 1971-era 20-acre park along the Port Washington Narrows shoreline in the Sinclair-Dyes Inlet watershed. Key activities include installation of pervious pavements, incorporation ofbioretentionlbiotiltration gardens and vegetated strips, installation of a green roofed-building, and planting of native vegetation buffers along the shoreline to minimize direct unfiltered drainage into these sensitive Puget Sound Waterways. This project offers the opportunity to better manage the majority of the sheet flow runoff from the adjacent urban community by directing it to flow through this infiltration system and, as needed, tilter through native vegetation butfer before draining into the Port Washington Narrows. PART IV.(-PROJECT BUDGET I I TOTAL TOTAL PROJECT ELIGIBLE ELEMENTS (Tasks or Objects) COST COST (TEC) 1 - Project Management $38,333 $38,333 2 - Architecture/En~ineering & Permitting $114,000 $ 1 14,000 3 - Site Preparation, Demolition, Construction, and $1,439,963 $1,166,045 Maintenance 4 - Public Education and Outreach $14,955 $14,955 Total $1,504,651 $1,333,333 The DEPARTMENT's Fiscal Office will track to the Total Eligible Cost. Page 4 of 13 Lions Park LID Stol1nwater Retrofit City of Bremelion Grant No. SW08044 I MATCHING REQUIREMENTS I DEPARTMENT Share: 75% ofTEC $ RECIPIENT Share: 25% ofTEC Cash $333,333 $ InterIocal $ -- Payment Request Submittals. The RECIPIENT must submit payment requests at least quarterly, but no more often than monthly, unless allowed by the DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure efficient and timely use of funds. The RECIPIENT is to report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. Payment Schedule. Payments will be made on a cost-reimbursable basis. PART V. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces or may contract for professional services necessary to perform and complete project related work. The RECIPIENT certifies by signing this agreement that all requirements of Chapter 39.80 RCW Contracts for Architectural and Engineering Services have been met in selecting qualified architectural/engineering services. The RECIPIENT shall also identify and separate eligible and ineligible project costs in the final negotiated agreement and shall submit a copy of this agreement to the DEPARTMENT's Financial Manager. The RECIPIENT further certifies by signing this agreement that if interlocal costs are allowed all negotiated interlocal agreements necessary for the project are, or will be, consistent with the tenns of this grant agreement, the DEPARTMENT's current edition of Administrative Requirements for Ecology Grants and Loans (see Attachment 2Ior applicable document reference) and Chapter 39.34 RCW Interlocal Cooperation Act. The RECIPIENT shall submit a copy of each interlocal at,l"feement necessary for this project to the D EP AR TMENT' s Financial Manager. Task 1 - Project Administration/Management A. The RECIPIENT shall administer the project. Responsibilities will include, but not be limited to: maintenance of project records; submittal of payment vOllchers, fiscal fOl1ns, and progress reporis; compliance with applicable procurement, contracting, and intcrlocal Page 5 of 13 Lions Park LID St0l111water Retrofit City of Bremelion Grant No. SW08044 agreement requirements; attainment of all required permits, licenses, casements, or property rights necessary for the project; and submittal of required performance items. B. The RECIPIENT shall manage the project. EfJorts will include conducting, coordinating, and scheduling project activities and assuring quality control. Every efTOli will be made to maintain efJective communication with the RECIPIENT's designees, the DEP ARTMENT, all affected local, state, or federal jurisdictions, and any interested individuals or t,TfOUps. The RECIPIENT shall carry out this project in accordance with any completion dates outlined in this agreement. C. Required Performance: 1. Effective administration and management of this grant project. 2. Maintenance of all project records. 3. Procurement of necessary pennits, including shoreline exemption. 4. Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records. 5. Preparation of draft and final project completion reports. Task 2 - Architecture, Engineering & Permitting A. The RECIPIENT will commence pre-construction planning, surveying and testing. Using Department of Ecology approved procurement policies, RECIPIENT will craft a request for proposals (RFP) and select consultants to take the Civil engineering and landscape designs from the conceptual phase to the final and approved plans that will be used in request for proposals for construction bidding. B. The RECIPIENT will submit the contract documents (plans, specifications, and estimate) at the 90% completion stage for review by the DEPARTMENT at least 30 days before bid advertisement. The 90% completion submittal will include the construction drawings, special provisions, and cost estimate. The Recipient will update the Pre-Design Report as necessary for any significant design changes to the facilities. These updates will be submitted to the Department no later than the 90% design submittal. C. The RECIPIENT will submit plans and specifications to the DEPARTMENT's Project Manager prior to bid advertisement. RECIPIENT will include a current, updated construction cost estimate along with the plans/specifications submittal. Submitted construction plans will be reduced to no larger than 11-1/2" x 17" in size. They may, at the RECIPIENT's option, be bound with the specifications or related construction contract documents or bound as a separate document. All reduced drawings must be completely legible. The final plans shall also be submitted as images in a PDF fonnat on compact disk. The Department Project Manager/Engineer will review the plans ~nd specifications for consistency with: Page 6 of 13 Lions Park LID Stonnwater Retrotit City of Bremerton Grant No. SW08044 l. Ecology's Stonnwater management Manual for Western Washington (S WMMWW) (http://www .ecy. wa.gov/probrrams/wq/stormwater/manual.html) or Low Impact Development - Technical Guidance Manual for Puget Sound (http://\vww. pierce. wsu.edu/W ateI' _Quality/LID/LID _manual2005 .pdt). or equivalent design manuals. The applicant must explain and justify signiticant deviations trom these manuals. 2. Good engineering practices and generally recognized engineering standards, 3. The project pre-design report. Within 30 days of receiving these documents, the DEPARTMENT will notity the Recipient in writing that the plans and specifications meet the requirements of the grant agreement or of any deficiencies the RECIPIENT must correct. D. The RECIPIENT must approve the plans, specifications, construction contracts, and addenda prior to submittal to the DEPARTMENT. E. The RECIPIENT will establish RFP's and select consultants to conduct soil infiltration testing and geotechnical analysis using Department of Ecology approved procurement policies. F. The RECIPIENT will develop and submit a maintenance plan to the Project Engineer for the stormwater treatment and LID features. The maintenance plan shall describe how the RECIPIENT will assure project success (for example, plant establishment and survival) consistent with the design manual used. The maintenance plan must also address long tetm activities to assure ongoing pollutant removal and flow control capability of the project. (See the Stormwater manual for Western Washington Volume 5, Section 4.6). G. Required Performance: 1. Complete RFPs. 2. Select Consultants. 3. Complete Topographic/As-Built Survey. 4. Complete Soil Infiltration/Geotech Analysis. 5. Complete Schematic Design Construction Documents. 6. Complete Design Development Construction Documents. 7. Update and submit the pre-design report as necessary 8. Complete/submit 90% complete and Final Construction Documents. 9. Complete/submit maintenance plan. Task 3 - Site Preparation, Demolition, Construction, and Maintenance Activities A. The RECIPIENT will coordinate and oversee the selected contractors for the site preparation, demolition and subsequent build out. Page 7 of 13 Lions Park LID Stormwater Retrotit City of Brcmerton Grant No. SW08044 B. The RECIPIENT shall submit a construction quality assurance plan before the stm1 of construction. This plan must describe how adequate and competent c6nstruction oversight will be perfo1111 ed. Include construction management arrangements, quality control for materials, and inspection frequency. C. The RECIPIENT will submit to the DEPARTMENT's Financial Manager a copy of the construction contract within 30 days of execution. D. The RECIPIENT will prepare and submit a construction schedule to the DEPARTMENT within 30 days of the start of construction. The construction schedule shall be revised and/or updated whenever major changes occur and at a minimum of every three months. The RECIPIENT project manager and contractors must assure that the work is done on schedule. E. Upon completion of construction, the RECIPIENT will provide the DEPARTMENT's Project Manager with a set of "as-built" plans (i.e., record construction drawings which reflect major changes, modifications, or other significant revisions made to the project during construction). F. The RECIPIENT will provide a declaration of Completion, signed by the professional responsible for construction inspection, indicating that the project was completed in accordance with the plans, specifications, and major change orders. G. The RECIPIENT will implement the maintenance plan for the duration of the grant agreement. H. Required Performance: 1. Provide construction management and engineering oversight during construction. 2. Insure the project is constructed as designed. 3. Provide as-built plans and certify that the project was constructed in accordance with the construction contract documents. 4. Implement the maintenance plan, as described under Task 2. Task 4 - Public Education and Outreach A. The RECIPIENT will keep neighbors and park users infonned of the project and progress and will provide opportunities for their involvement. B. The RECIPIENT will work with partnering community groups to conduct four (4) workshops and four (4) tours that infonn the public, incl uding landscape architects, builders, and developers, of the benefits of LID techniques and the use of native vegetation in near shore environments. Page 8 of 13 Lions Park LID Stormwater Retrofit City of Bremerton Grant No. SW08044 C. The RECIPIENT will develop fact sheets and press releases, arrange four (4) site tours for regional municipal staft: and prepare the final comprehensive report to educate and infOlm the public of the project and its outcomes. D. Required Performance: I. Compile infomlation, publish and distribute fact sheets 2. Produce 6 periodic press releases during project duration. 3. Publicize and conduct 4 workshops and 4 site tours for regional municipal staff 4. Produce and publish comprehensive final report, including "lessons learned" and compiled results of survey of knowledgelbehavior change. 5. Public notice on newspaper of record announcing final report and locations for access via City of Bremerton's web site. PART VI. SPECIAL TERMS AND CONDITIONS A. Cash Match Requirement. The RECIPIENT share for this project must be entirely in the form of cash expenditures or interlocal contributions. In-kind contributions cannot be used to satisfy RECIPIENT grant matching requirements. B. Commencement of Work. The DEPARTMENT reserves the right to terminate this agreement if the RECIPIENT does not commence work on the project funded herein within 10 months of the date of the FY08 Stormwater Management Implementation Grant Final Offer and Applicant List (dated January 31,2008). Based on this list date, work must begin by November 30, 2008. C. DEP ARTMENT Funding Recognition. The RECIPIENT shall acknowledge and inform the public about DEPARTMENT funding participation in this project through the use of project signs and/or acknowledgement in published materials and reports, the news media, or other public announcements. Projects addressing site-specific locations must utilize appropriately sized and weather-resistant signs. Sign logos are available from the DEPARTMENT's Financial Manager upon request. D. Education and Outreach. The RECIPIENT shall provide the DEPARTMENT up to two copies and an electronic copy either on f10ppy disks or CD-ROM of any tangible educational products developed under this grant, such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements or gadgets, such as a refrigerator magnet with a message. If this is not practical, the RECIPIENT shall provide a complete description including photographs or printouts of the product. The RECIPIENT shall also supply the DEPARTMENT with the names and contact infonnation of local project leads. Page 9 of 13 Lions Park LID Stonmvater Retrotit City of Bremerton Grant No. SW08044 [fthere are a signiticant number of people in the community that speak languages other than English, the RECIPIENT shall produce all pamphlets, t1iers, meeting notices, reports, and other educational and public outreach materials in English and in the other prevalent language. E. Indirect Rate. To acknowledge overhead costs, the RECIPIENT may charge an indirect rate of up to 25 percent based on employee's direct salary and benefit costs incurred while conducting project-related work. The Department's Financial Manager may require a list of items included in the indirect rate at any time. G. Light Refreshments and Meetings. Prior approval must be given by the DEPARTMENT for any meeting or refreshment costs incurred over $150.00. H. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and recmit, to the extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this agreement. Contract awards or rejections cannot be made based on MBE or WBE participation. M/WBE participation is encouraged, however, and the RECIPIENT and all prospective bidders or persons submitting qualifications should take the following steps, when possible, in any procurement initiated after the effective date of this agreement: I. Include qualified minority and women's businesses on solicitation lists. 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on tonns provided by the DEPARTMENT, payments made to qualified tirms. Please inclu~ie the tollowing intormation: I. Name and state OMWBE certification number (if available) of any qualified tinn receiving funds under the invoice, including any sub-and/or sub-subcontractors. ') The total dollar amount paid to qualitied tinns under this invoice. Page 10 of 13 Lions Park LID Stonnwater Retrofit City of Bremerton Grant No. SW08044 I. Payment Request Submittals. Frequency. The RECIPIENT must submit payment requests at least qumierly but no more often than monthly, unless allowed by the DEP ARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may require the RECIPIENT to submit regular payment requests to ensure etlicient and timely use of funds. J. Supporting Documentation. The RECIPIENT shall submit all payment request vouchers and supportive documentation to the DEPARTMENT's Financial Manager. Payment request voucher submittals are based on match requirements found in the budget. K. Post Proiect Assessment. The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality project outcomes and the status of eventual environmental results or goals from the project. The RECIPIENT shall e-mail the survey, as an attachment, to the DEPARTMENT's Project Manager and the DEPARTMENT's Water Quality Program Performance Measures Lead. The DEPARTMENT may conduct site interviews and inspections, and may otherwise evaluate the Project. L. Procurement. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of any professional services. M. Progress Reports. The RECIPIENT shall prepare and submit progress reports electronically to the DEPARTMENT's Project Manager and Financial Manager. Progress reports shall be submitted regardless of whether work is performed or not. Progress reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. The D EP AR TMENT will not process payment requests until thtt corresponding progress reports have been received. ' At a minimum, pro!:,'Tess reports must contain a comparison of actual accomplishments to the objectives established for the period, the reasons for the delay if established objectives were not met, analysis and explanation of any cost overruns, and any additional pertinent infonnation specified in this agreement. N. Reimbursements. Payments will be made on a cost-reimbursable basis. Page I 1 of 13 Lions Park LID Stormwater Retrofit City of Bremerton Grant No. SW08044 O. Required FOllTIS. Cash Only Match Fonn AI9-IA (original signature) Form B2 (ECY 060-7) Form C2 (ECY 060-9) Fonn D (ECY 060-11) Where Applicable Form E (ECY 060-12) Fornl F (ECY 060-13) Form H (F-21) Fonn I (ECY 060-15) P. Reporting Eligible Costs. The RECIPIENT shall report all eligible costs incurred on the project, regardless of the source of funding for those costs. This includes costs used as match. All eligible and ineligible project costs must be separate and identifiable. Q. Required Document Submittals. The RECIPIENT must submit the following documents to the DEPARTMENT as requested by the Department's Project Manager or Financial Manager: · Eleytronic copy of draft final report 1 month prior to expiration date - 1 copy to the Department's Project Manager · Electronic copy offinal project completion report - 1 copy to the Department's Project Manager and Financial manager · Final project completion reports - to the Department's Project Manager · Final project completion reports of statewide significance - up to 50 copies · Educational products developed under this agreement - up to 2 copies to the Department's Project Manager and Financial Manager · Documents that require Department Approval - 2 copies (one for the Department and one for the Recipient) · Interlocal agreements - 1 copy for the Department's Financial Manager · Professional services procurement agreements - I copy to the Department's Financial Manager · Final plans and specifications - 3 copies to the Department's Project Manager and Financial manager · Construction schedule - 3 copies to the Department's Project Manager and Financial manager · Submit "As Built" drawings showing si!:,'11ificant deviations from the construction plans - 1 copy to Department's Project Manager/Engineer · Maintenance Plan (See the Stormwater manual for Western Washington Volume 5, Section 4.6)- 2 copies to the Department's Project Manager and Financial Manager Page 12 of 13 Lions Park LID Stonnwater Retrofit City of Bremerton Grant No. SW08044 PART VII. ALL \VRITINGS CONTAINED HEREIN This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's current edition of Administrative Requirements for Ecology Grants and Loans (sec Attachment 2 for applicable document refcrence), the FY 2008 Stolmwater Management Implementation Grant Program Guidelines (see Attachment 2/01' applicable documcnt reference), Low Impact Development Technical Guidance Manual For Puget Sound (see Attachmcnt 2for applicable documcnt refcrence), 2005 Stonnwater Management Manual for Western Washington: Volume I - V (sce Attachment 2 for applicable documcnt reference), or the 2004 Stormwater Management Manual for Eastern Washington (see Attachment 2for applicable document reference) contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent moditication(s) or amendment(s) of this agreement will be of any force or effect unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement, EXCEPT that in response to a request from the RECIPIENT, the DEPARTMENT may redistribute the !:,Tfant budget. The DEPARTMENT or RECIPIENT may change their respective staff contacts without the concurrence of either party. IN WITNESS WHEREOF, the parties hereby execute this Grant: STATE OF WASHINGTON DEP ARTMENT OF ECOLOGY CITY OF BREMERTON KELLY SUSEWIND, P.E., P.G. DATE INTERIM WATER QUALITY PROGRAM MANAGER CARYBOZEMAN DATE MA YOR APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL (Revised 7/19/(7) Page 13 of 13 [Project Title] [Recipient Name] Grant No. G08 ATTACHMENT 1 WATER QUALITY PROGRAM - FINANCIAL MANAGEMENT POST PROJECT ASSESSMENT SURVEY * ~t"c tiOt~F";t: q;(~~tt~~t~i~~~~g;hg~~~;:(f9nBJ~i,CIJ~g;Qt1':}lj~m~~~;~~i:'~1~~',':2"f!1:~~;;;':;:~'~Z:~s;,g:! :,:.;~,'~;::; /~:{{t;J~l:;~:~::;:~;;tt'iJt;~;<;,; ii~ 1. Agreement Number: 2. RECIPIENT Name: 3. Project Name: 4. Years Since Project Completion: D Three D Four 5. Contact Information: D Five D Other (please specify): Contact Name: Contact Phone Number: Contact E-mail Address: 6. Level of Involvement by Present Contact on Project: 7. Type of Project (check both if applicable): D Activity D Facility 8. Financing: Total Project Cost: Total Eligible Project Cost: Ecology Grant Amount: 9. Water Quality and/or Compliance Problem: ATTACHMENT 1 - Page 1 01'2 [Project Title] [Recipient Name] Grant No. G08 10. Describe the lV/ost Critical Specific "Project Result(s)" or "Outcome(s)" actually achieved by the Project: II. Provide documentation (inclllding digital color pictures) that evidence the continued maintenance and effectiveness of the Project at the time of this survey: 12. Check the Eventual Environmental Result(s) or Goal(s) substantively addressed or achieved by the Project: o Stormwater system retrofits, and/or o Low impact development best management practices, and/or o Removal of non-storm water discharges to municipal storm sewer systems, and/or o Stormwater activities, including source controls, planning, mapping, education and outreach, utility/ordnance development. 13. Describe the status of the Eventual Environmental Result(s) or Goal(s) at the time of this assessment: 14. Describe subsequent work and ongoing efforts needed to achieve the Eventual Environmental Result(s) or Goal(s) by you and others in the area: ",.TTACHMENT 1 - Page 2 of2 [Project Title] [Recipient Name] Grant No. G08 ATTACHMENT 2 \V A TER QUALITY PROGRAM'S FINANCIAL MANAGEMENT PUBLICATIONS 1. Administrative Requirements for Ecology Grants and Loans, Publication No. 91-18 (September 2005). 2. FY 2008 StOlmwater Management Implementation Grant Program Guidelines, Publication No. 07-10- 067. 3. Low Impact Development Technical Guidance Manual For Puget Sound, Publication No. PSA T 05-03. 4. 2005 Stormwater Management Manual for Western Washington: Volume I - V, Publication No. 05-10- 029/03010311032/033 5. 2004 Stormwater Management Manual for Eastern Washington, Publication No. 04-10-076 6. Guidelines for Preparing Ouality Assurance Project Plans for Environmental Studies, Publication No. 04-03-030 (July 2004). 7. Stream Habitat Restoration Guidelines (2004), http://wdfw.wa.gov/hab/ahgjshrg/index.htm ATTACHMENT 2 - Page 1 of 1 DATE SUBMITTED: May 19,2008 BILL # o 8 - 14 1 6,B ........................................................................................ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Agreement with U.S. Golf Association for 2011 Junior Amateur Championship at Gold Mountain Golf Club. Committee Meeting Date: May 28th 2008 COUNCIL MEETING Date: June 4th 2008 Department: Parks and Recreation Presenter: W. Birkenthal,Daryl Metheney Phone: (360) 473-5752 SUMMARY: Following the succ~ss of the 2006 U.S. Public Links Championship at Bremerton's Gold Mountain facility, the City's golf professionals with the support and encouragement of the Gold Mountain Board of Directors and staff pursued bringing an additional major tournament to Bremerton. The attached agreement with the U.S. Golf Association outlines the conditions and terms for the 2011 Junior Amateur Championship. The agreement is similar to the one executed for the 2006 Public Links event. The event will raise the profile of Gold Mountain within the national golf community and bring a healthy economic boost to Bremerton's hotels, restaurants and retail stores owing to the influx of golfers and attendees from out of town. Local fund raising will be needed to put on the event and the Golf Professionals have obtained a great deal of positive interest from the sponsors of the 2006 Public Links Championship. The agreement has been reviewed by the City Attorney and endorsed in principal by the Gold Mountain Board of Directors at their April 2008 meeting. ATTACHMENTS: Agreement with United States Golf Association FISCAL IMPACTS (Include Budgeted Amount): Increase in Lodging Tax collection during 2011. Fund raising will cover the loss of green fees during July 16-23,2011. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ----~ """> COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 GENERAL BUSINESS ~. PUBLIC HEARING 0 RECOMMENDED MOTION: I move to approve the agreement with the U.S. Golf Association for the 2011 U.S. Junior Amateur Championship Tournament at Gold Mountain and authorize the mayor to execute the agreement in substantially the same form as presented. ~ COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action AGREEMENT BY AND BET\VEEN UNITED STATES GOLF ASSOCIATION@ AND THE CITY OF BREMERTON THIS AGREEMENT ("Agreement") entered into as of the _ day of , 2008, by and between the UNITED STATES GOLF ASSOCIATION, a not-for-proflt corporation organized under the laws of the State of Delaware, located at Golf House, 77 Liberty Corner Road, Far Hills, New Jersey 07931 (the "Association") and the CITY OF BREMERTON located at 345 6th Street, Suite 600, Bremerton, Washington 98337, owner of GOLD MOUNTAIN GOLF CLUB, located at 7263 West Belfair Valley Road, Bremerton, Washington 983] 2 (the "Club"). WIT N E SSE T H: WHEREAS, the Association has accepted the gracious otTer of the Club to entertain the 2011 U.S. Junior Amateur Championship@ (the "Championship") at its Olympic course (the "Course") according to the terms set forth herein; WHEREAS, the standards for the conduct of this Championship have evolved under the direction of the Association over a long period of years in a continuing effort to stage a competition of distinction appropriate for a national championship; and WHEREAS, in keeping with the standards for the conduct of this Championship, the Association determines the conditions of play for the Championship. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants and conditions hereinafter set forth and other good and valuable considerations, the parties hereto hereby agree as follows: 1. TITLE OF CHAMPIONSHIP The Championship shall first be identifled by the Club, whether orally or in writing as the "64th U.S, Junior Amateur Championship@," Once the foregoing identification has b~en made, the Championship may be thereafter referred to as the "u.s, Junior Amateur Championship@," 2. CHAMPIONSHIP LOGO A. The Championship may also be identified by a Championship logo (the "Championship Logo") which shall be designed by the Club subject to the approval of the Association. The Club shall submit its proposed logo to the Association for its review and approval after fOffimlation of the design of the logo, but prior to any use thereof In the event the Association denies approval of any proposed logo which has been submitted to it by the Club, the Club shall revise the logo according to the comments of the Association. The Championship Logo shall at a minimum reference the year or number played of the Championship, the Club name and the name of the Championship. B. Each of the Association and the Club shall have the right to use the Championship Logo, provided that the Club's use of the Championship Logo shall be limited to (i) advertising,and promotion of the Championship; (ii) the official program and draw sheets; (iii) Championship related merchandise sold by the Club and (iv) other materials and/or items approved in writing by the Association. C. All uses of the Championship Logo by the Club shall be subject to the prior approval of the Association. All uses of the Championship Logo on merchandise sold by and at the Club shall be subject to the terms and conditions of Section 17 hereto. In connection with the use of the Championship Logo on merchandise to be sold by the Club, the Club hereby agrees, if requested by the Association, to appoint the Association as its agent with respect to any and all arrangements regarding a third party's right to use the Championship Logo on merchandise. 3. DA TES AND PRACTICE PRIVILEGES A. The dates of the Championship are Monday, July 18, 2011 through Saturday, July 23, 2011 and any succeeding day or days as may be occasioned by a play- off or postponement of any round or rounds. B. The Club will extend to players exclusive privileges on the Course for practice on Saturday, July 16, 2011 and Sunday, July 17, 2011; such days shall hereinafter be referred to as the "Practice Days." C. The Club will extend to all players in the Championship, clubhouse and grounds privileges during the Practice Days and throughout the Championship. 4. PRIMARY RESPONSIBILITIES The Club will provide the Course, facilities, personnel and equipment reasonably necessary for the Championship and the Association will conduct the Championship. r 2 5. CERTAIN OBLIGATIONS OF THE ASSOCIATION In addition to its other obligations set forth in this Agreement, the Association agrees, at its expense, to do the following: A. Determine the conditions of play, including the Association's footwear policy referenced in Section 12.0. hereto; B. Process all entries; C. Provide Rules (?f Golf books, bag tags and identification badges for players; D. Provide official score cards and supervise scoring; E. Provide scoresheets and one person to operate the scoreboard; F. Provide Championship hole flags; G. Provide paint and equipment for marking specifIc areas on the Course, such as water hazards, ground under repair, etc.; H. Provide all prizes; I. Make available to the Club, in addition to its regularly scheduled Championship Course preparation visits by Association agronomists, one (1) complimentary Turf Advisory Service visit to the Course by an Association agronomist at a time to be mutually determined by the parties; 1. Consult regularly with Club officials on any and all aspects of the Championship; K. Provide standards to show the status of semi-final and final matches and instructions for the standard bearers; L. Pay freight charges for Association equipment used; M. Approve a player evacuation plan for the Championship to be proposed by the Club. The Club and a designated representative of the Association shall brief all relevant personnel and security, on such plan. The Association shall determine whether and when such plan should be implemented; and N. Provide a severe weather detection and warning system. 3 6. CERTAIN OBLIGATIONS OF THE CLUB In addition to the other obligations set forth in this Agreement, the Club agrees, at its expense, to do the following: A. Agree to the conditions of play determined by the Association; B. Prepare the Course in accordance with Association recommendations, as set forth in Section 12 hereof; C. Provide adequate practice facilities, including top-quality range balls; D. Register players; E. Provide courtesy transportation services for players, news media representatives and Association officials, as requested by the Association, to and from the Club and hotels/motels where rooms for such individuals are reserved and at least eight (8) courtesy cars for Association use. Any additional courtesy cars to be provided~ as well as, the dates and times courtesy transportation and all courtesy cars shall be available, shall be mutually determined by the Club and the Association. In addition, the Club shall provide to players, news media representatives and Association officials, transportation information, including easiest trave~ directions, between the airport and each of the Club and hotels/motels where rooms are reserved; F. Reserve rooms at nearby accommodations (i.e. hotels, condominiums, houses, etc.), in quantities specified by the Association, for players, press representatives and Association representatives and guests at the lowest practicable rates and as close to the Course as practicable. The list of accommodations assembled by the Club, the allocation of rooms to the various groups, and the fees and other terms pertaining to room arrangements must be approved by the Association prior to the Club finalizing such arrangements; G. Provide a media facility in accordance with Association specifications; H. Host a "Media Day" in accordance with Association specifications; 1. Provide a public address system, in accordance with Association specifications, for the presentation of prizes; J. Provide personnel as required below: (J) Caddies, for all players requlflng such, and forecaddies. Forecaddies will be stationed at such holes and at such times as are 4 specified by the Association. Caddies will be paid a tee by the players; such tee to be approved by the Association; (2) Standard bearers to carry the standards In accordance with Association instructions; and (3) Personnel to assist with the scoring operation; Unless specifically set forth above, the number of such personnel to be provided and the dates and times of their availability shall be mutually determined by the Club and the Association. K. In accordance with Association standards, arrange for on-site medical services for the Practice Days and during the Championship. Such services shall include the provision of (i) medical personnel (such as a medical doctor, emergency medical technician and/or registered nurse); (ii) a minimum of two (2) individuals who have been trained and certified in the proper use of AED defibrillators and (iii) the provision of two (2) AED defibrillators; L. Provide comfort stations in quantities and at locations as approved by the Association and consistent with reasonable aesthetic consideration and the requirements of the local health officials; M. Provide a headquarters room, for the Association's exclusive use, with high-speed internet access, five (5) direct outside telephone lines, the installation and use of such lines to be paid for by the Association, a photocopy machine capable of duplica:tingand sorting large quantities, a plain paper FAX machine, three (3) telephones, desks, chairs and tables as reasonably requested by the Association; N. Provide and install ropes and stakes, under the direction of the Association, for gallery control in limited areas around the Course and clubhouse. O. Provide a scoreboard in accordance with Association specifications; P. Provide and install a sign for each tee indicating the hole number, yardage and par (signs to be produced to Association specifications by the Club at the Club's expense); Q. Provide stakes for marking specific areas on the Course such as out of bounds and water hazards; R. Provide, without charge, at least five (5) electric golf carts for the Association's use in conducting the Championship; 5 S. Devise a player evacuation plan to be approved by the Association and at the Association's direction implement such plan by providing vehicles, as referenced in Section 6.E., and drivers to support the player evacuation plan. The type, number, locations and times needed for such vehicles and drivers shall be mutually determined by the Association and the Club and made a part of the evacuation plan; 1'. Provide an otTice space, reasonably acceptable to the Association, for the Association's meteorologists. Such office space shall have one (I) DSL or one (1) high speed intemet connection, one (l) Iqng distance, non-restricted telephone line, six (6) electrical outlets and one (1) television set with a cable connection. The Association shall be solely responsible tor all Internet and telephone costs incurred in connection with the operations of its meteorologists at such office space. The office shall measure no less than ten (10) teet by ten (10) teet and have rooftop and/or outdoor access in an Association approved position for antennas, inclement weather detectors and/or sensors; and U. Assist the Association, as necessary, in executing the severe weather detection and warning system. 7. ADMISSION AND ENTRY FEE REVENUES The Club shall not charge spectators for admission to the Championship. The Association will retain all revenue from entry tees charged to players. 8. OFFICL-<\L PROGRAM AND DRAW SHEETS A. The Club shall publish an official Championship program. The published program shall include the conditions of the Championship, a letter of welcome from the u.s. Junior Amateur Championship Committee Chairman, the name and home state of each Committee member and, if the program consists of eight or more pages, a free one- page advertisement for the Association Members Program. The Association will provide editorial assistance with respect to Association related material to be published in the program including the advertisement for the Association Members Program. The Club may retain all of the advertising and sales revenues from the official program. On each day of the Championship, the Club will provide, free of charge, draw sheets to be compiled from information supplied by the Association. The number of draw sheets to be provided will be mutually determined by the Club and the Association. B. The contents, including articles, editorial matter and advertising, of the program and draw sheets and the price of the program shall be subject to the approval of the Association. Without limiting the foregoing, the Club acknowledges and agrees that it will consult with the Association prior to the commencement of the sale of any advertising in connection with the program and the pairing sheets and that, if requested, it shall reserve premium placements in such program and pairing sheet for sale to designated Association corporate partners. The Club shall submit the proposed contents of the program and draw sheets (except for material to be supplied by the Association), for review and approval by 6 the Association prior to printing. The paIiies acknowledge and agree that the Association shall receive a reasonable and mutually agreed upon number of programs free of charge to distribute to the media, players and the U.S. Junior Amateur Championship Committee. 9. COURSE MAP AND GUIDE A. The Club, at its expense, may print and distribute, or have a third party print and/or distribute, fi'ee of charge, a Course map. In addition to the Course Map, the Club, at its expense, may print and distribute, or have a third party print and/or distribute, free of charge, a guide to the Course. The minimum number of Course maps and guides to be produced shall be mutually determined by the Club and the Association based on past and anticipated attendance at the Championship. The inclusion of any advertising in such Course map and guides shall be subject to the Association's approval. In the event the Club elects not to print and distribute, or allow a third party to print and distribute, a guide, the Association may, at its expense, print and distribute to spectators, free of charge, a guide of the Course. B. If requested by the Association, the Club shall provide persOlmel to distribute the Course map and guide. The number of such personnel to be supplied and the times and locations for distribution shall be determined by the Association in its sole discretion. 10. INTERNET A. The Association and the Club acknowledge and agree that the Association shall have the exclusive right to develop a site or other preserve on the Internet for the purpose of promoting and commemorating the Championship. Such website shall be the official web site of the Championship and the Association shall promote it as such (the "Championship Website"). The Association shall develop the Championship Website, make all decisions relating thereto in its sole discretion and retain any and all revenues generated. B. The Association shall permit the Club to post information about the Championship on the Club's web site, or if no Club website exists, a website may be designed specifically for Championship purposes (the "Club Website"). Other than as specifically permitted herein, no such Club W ebsite may contain a mark of the Association or derivation thereof in its domain name. The Association shall permit the Club to do one of the following with respect to the domain name it elects to use for the Club Website: (i) the Club may utilize a domain name that does not contain a mark of the Association or any derivation thereof (i.e. L\.y.w~l~,g~!LdmL(:~l1n] is acceptable but Wvvw.20 I Ogoldmt.com or www2010junioramateur.com is not acceptable); or (ii) the Club may request the right to use a domain name from the Association, in the form of the year of the Championship with the name of the oflicial championship URL, (i.e. www.2010usjunioram.com) as the "Year Specific Championship URL." If the Club desires to use the Year Specific Championship URL f()f the Club Web site, it will need to (i) notify the Association and (ii) execute an agreement in the form attached asExhi~jt A. 7 C. In connection with the Championship Website, the Club agrees to provide the Association, at its request, with information about the Club and Course, including but not limited to pictures and video footage. Such information shall also include but not be limited to, a hole-by-hole description of the Course, photographs or images of each hole of the Course, computer generated images, images of the Club and information regarding the Club and its history, to the extent the Club has such intormation, images, tootage, etc., available. To the extent necessary, the Club will give the Association and/or any third party assisting the Association, access to the Club and the Club's materials for the purpose of selecting Club materials tor the Championship Website. Any costs associated with the Association's use of such materials in connection with the Championship Website shall be borne by the Association. In addition, the Club agrees to give the Association and any third party who is assisting the Association with the Championship Web site access to the Club's grounds for the purpose of taking photographs, video, etc., to be used on the Championship Website. Such access shall be provided free of charge and all materials resulting therefrom shall be the exclusive property of the Association or the relevant third party, provided that if the third party is to retain rights in the work product generated, the Association and the Club shall discllss what limitations, if any, shall be placed on the exploitation of sllch rights by the relevant third party. The Association shall give the Club reasonable notice of any time it requires access to Club grounds for the reasons described herein and the Club and the Association shall mutually agree on a convenient time for such access. D. In the event the Club has currently registered or is considered the owner of any domain name which includes marks of the Association, variations of Association marks or marks which are confusingly similar to Association marks, the Club shall take all necessary action to assign or have the Club assign such domain names to the Association and shall stop any and all uses of such domain names as of the date of this Agreement. E. Championship related content on the Club Web site, shall be focused on information regarding the fact of the Championship being conducted at the Club, as well as information pertinent to activities relating to the Championship that the Club is carrying out in connection with the Championship and this Agreement. Examples of relevant information may include, depending on the responsibilities of the Club as set forth in this Agreement, information about ticket sales, parking, accommodations, corporate hospitality packages, volunteer information, etc. The Club acknowledges and agrees that in no event may any Championship related merchandise be shown or sold through the Club Website, such right belonging exclusively to the Association. The Club shall submit all proposed pages with Championship related content to the Association for approval. The Club shall make all changes to such webpages requested by the Association and shall not put any page or material relating to the Championship on the Internet without the prior approval of the Association. Should the Club desire to make changes to the Championship related content after it has been approved, or add additional Championship related content to the Club Website, the Club shall submit all such changes to the Association for approval prior to inclusion of such changes on the Club Website. 8 11. FOOD AND BEVERAGES A. All revenues from the sale of food and beverages may be retained by the Club. Prices of food and beverages sold in the clubhouse and on the grounds shall be reasonable. B. The Club may not sell or permit the sale of alcoholic beverages (other than beer, wine or wine coolers) anywhere on the grounds, other than in the clubhouse, without the prior written approval of the Association. . 12. PLAYING CONDITIONS A. The Association shall determine, in its sole discretion, the playing conditions of the Course for the Championship including speed, firmness and grass height of playing surfaces, and other matters affecting play, including but not limited to, the selection of all teeing areas and hole locations to be used and the need for tree trimming and/or removal. The Club shall provide and prepare the Course and the practice facilities at the Club's expense and in accordance with Association instructions and agronomic recommendations. B. Tn addition, without limiting any of the Association's rights pursuant to Section 12.A. above, representatives of the Association will consult with and may make recommendations to the Club with respect to Course improvements or modifications (architectural or otherwise); however, the Association will not assume responsibility for any expenditure undertaken by the Club with respect to any such improvements and/or modifications and the Club is cautioned to be judicious regarding such expenditures. C. Both parties understand that architectural changes to the Course must not be made without the written consent of both parties; and both parties must have the opportunity to witness first-hand any such changes. D. As a condition of play for the Championship, the Club agrees to adopt the Association's policy on footwear. E. The Club shall meet with the Association at mutually agreeable times in advance of the Championship to discuss plans to ensure the best possible Course conditions during the Championship week. If it is determined by the Association that substandard Course conditions exist for whatever reason prior to the Championship, the parties acknowledge and agree that (i) they shall work together to develop a plan to ensure Course conditions that are acceptable to the Association, in its sole discretion, for the Championship week, including any and all Practice Days and Championship rounds, and Oi) such plan may include, but shall not be limited to, restrictions on play and/or golf cart traffic at the Course during the week prior to the Championship. 9 13. AUTOMOBILE PARKING The Club shall not charge for automobile parking space. Parking space for players and the Association's officials shall be provided by the Club in prime locations; the Association \vill establish priorities \;vith respect to such parking space. The Club shall also provide and/or arrange for parking space fllf spectators. The Club and the Association shall mutually agree on the number of parking spaces needed for spectators. 14. RADIO AND TELEVISION BROADCASTING AND MOTION PICTURES The Association, as owner of all the commercial rights relating to the Championship, shall have the sole authority to arrange for radio and television broadcast coverage of the Championship, and other uses of the Championship and excerpts thereof in any and all manner, format and media throughout the world, whether now known or hereafter devised. Such media shall include, without limitation; videocassette, CD-ROM, Dv'D, Internet and other so-called "new" media, whether now known or hereafter devised. The Association shall have the sole authority to exploit such rights in any manner it desires, including by granting the privilege of broadcasting, telecasting, photographing and filming (for all media and whether analog, digital or otherwise) on the grounds of the Club and in any facility or structure located on the grounds, including but not limited to, the clubhouse, from the period beginning on the first Practice Day through the final day of the Championship, including any play-off or postponement. During this period, the Club will not knowingly allow any equipment of any broadcasting or radio company, professional photographer, video or film maker, any "new" media producer or any other person or entity seeking to commercially exploit the Championship other than those entities designated by the Association anywhere on the grounds of the Club or in any facility or structure located on the grounds, except with the express prior written consent of the Association. Notwithstanding the foregoing, the Club agrees that should the Championship be selected for broadcast on television the Club shall make available its grounds and facilities to the relevant broadcasting entity or entities and shall cooperate with the Association and such entity or entities as necessary to ensure a quality broadcast of the Championship. 15. INDEMNIFICA nON AND INSURANCE A. The Association does not assume and in fact disclaims any liability for personal injuries or death of players, volunteer workers or vendors assisting in any manner in the administration of the Championship, caddies, spectators or workmen employed in connection with the care of the course or the grounds of the Club, the clubhouse, or any employees of the Club or any other persons, and also for any property damage which may occur in connection with the preparation for and tear down of the Championship, during the Championship or the Practice Days prior thereto or any play-off or postponement. The Club agrees to indemnifY, defend and hold hannless the Association and its directors, officers, agents and employees from and against aU claims, liabilities, losses, damages, expenses, accidents and occmrences 10 (including all attorneys' tees and other costs of investigating and defending against such claims, liabilities, losses, damages, expenses, accidents or occurrences) aIising out of, relating to, or in connection with, all activities in connection vl/ith the Championship (including the Practice Days and any postponed round or rounds or play-off) and/or the conduct thereof: including without limitation the operation of any web site by the Club pursuant to Section 10 hereof, unless and to the extent caused by the negligence and/or willful misconduct of the Association. B. No later than thirty (30) days prior to the commencement of preparations for the Championship or set-up for the Championship in calendar year 2011 for the Championship, the Club shall provide the Association with a Certiticate of Insurance, acceptable to the Association in its sole discretion, providing coverage from the date work begins through completion of tear dov.TI after the Championship for Commercial General Liability Insurance, including Products and Completed Operations, Liquor Liability, Automobile Liability, Garage Keepers' Liability aIld Workers' Compensation in such aIllounts as are reasonable in the circumstances. The Commercial General Liability insurance or the equivalent thereot: shall be in an aIllount at least equal to ten million dollars ($10,000,000.00) per occurrence and ten million dollars ($10,000,000.00) in the aggregate, with the exception of Automobile Liability and Garage Keepers' Liability for which the acceptable limits for each shall be five million dollars ($5,000,000.00) or such other aIllount as is reasonable under the circumstances. To the extent that the Club is self insured or has elected a self-insured retention or deductible in aIlY of its insurance coverages, the Club agrees that such self-insurance, retention or deductible shall not affect the indemnification afforded to the Association. All loss, defense costs or other expenses related to claims falling within such self-insurance, retention or deductible shall be borne in full by the Club and shall not be passed to or shared by the Association. The interest of the Association as an additional insured must be clearly indicated on the Certificate of Insurance and a copy of that endorsement shall accompany the Certificate of Insurance, with the exception of Workers' Compensation. C. The Club hereby covenants aIld agrees that any and all agreements and! or arrangements which it makes with third-party vendors and/or contractors for or in connection with the ChaIllpionship shall include an agreement by the relevant third-party to (1) indemnifY the Association and its officers, directors, employees and agents to the SaIlle extent as the indemnification of the Club and (2) add the Association as an additional insured on all relevant insuraIlce policies. In connection with such requirement, t.he Club hereby covenants and agrees to send the Association copies of proposed insurance and indemnity sections from all Club ChaIllpionship related agreements prior to the Club's execution thereof, with sufficient time for the Association to review such sections and make any comments it may have thereon. D. This Section 15 shall survive ternlination of this Agreement but only with respect to the acts and omissions occurring during the term hereof. 16. COMiVIERCIAL REVENUES A. The Club shall be entitled to revenues from commercial activities relating to the Championship which are specifically provided to the Club in this Agreement. The rights to all other revenue producing activities of any kind whether or not contemplated by II this Agreement, belong exclusively to the Association. Except as expressly provided herein, therefore, the Club shall not directly or indirectly exploit or permit the exploitation by others of the Championship, persons competing in the Championship, or, in connection with the Championship of the grounds, design of the Course or clubhouse or any elements, names, events or incidents thereof except on terms and in a manner satisfactOlY to the Association and in accordance with prior written approval from the Association. The terms "exploit" and "exploitation" as used herein shall include, but not be limited to, any activity or matter which produces or is intended to produce, whether directly or indirectly, revenue or any other consideration or advantage in any form. B. The Club will not permit, without prior written authorization of the Association, manufacturers, distributors, suppliers or any other person or entity, the privilege of having their products sold or their names, trademarks, logos and/or any other identifying mark, name or slogan seen or heard during the Championship, including but not limited to, by those people attending the Championship and those people viewing or listening to any broadcast of the Championship. C. The Club will not authorize placement on or near the Course or anywhere else on the grounds of the Club any advertising, signage, billboard or other commercial display or, permit commercial announcement or other mention of any advertiser or' supplier, or the products or services of any advertiser or supplier, to be made without the express prior written consent of the Association. . D. In accordance with the Association's ownership of the service marks and trademarks described in Section 17 of this Agreement and in Exhibit B attached hereto, the Association reserves the exclusive right to permit the sale through Association determined distribution channels including the Internet and display of articles of apparel and other merchandise bearing any elements, names, events or incidents of the Championship and the use of the Championship Logo, the Club's name, Course design and facilities as provided in Section 18. The Association may assign its rights and obligations hereunder to a representative and the Club agrees to cooperate with the Association's representative in the preparation and execution of all necessary contracts. 17. LICENSE FOR USE OF ASSOCIATION SERVICE 1\-'1ARKS AND TRADEMARKS A The Club acknowledges that the Association is the owner of the service marks and trademarks set tanh in Exhibit B (hereinafter collectively referred to as the "Marks"). Subject to the terms and conditions set forth below and in Section 16 hereof, the Association grants to the Club the non-exclusive, non-transterable right to use the Marks in connection with the sale of first quality products which refer to the year or number of the Championship, the Championship and the name of the Club collectively. 12 B. In addition to the other terms and conditions contained in this Agreement, \ the Club's right to use the Marks and the Club's use of the Championship Logo shall be subject to the following terms and conditions: (1) Use of the Association Seal and official Association logo is not permitted; (2) The Club's use of the Marks and/or Championship Logo for the advertisement and sale of first-quality products is limited to the right to sell such products to retail customers on the premises of the Club. Under no circumstances, nor at any time, is the Club permitted to sell or distribute said products ( a) off its premises, or (b) by mail order, catalog sales, or over the lnternet, or (c) on the premises for the purpose of resale. The Club agrees promptly to notifY the Association if it should learn that any such product is being distributed or sold at any other place; (3) The Club agrees that nothing in this Agreement shall give the Club any right, title or interest in the Marks except as specifically provided\ herein and that any and all use of the Marks by the Club shall inure to the benefit of the Association; (4) The Club acknowledges that the Association has a proprietary interest in the manner in which the Marks and the Championship Logo are used. Consequently, the Club acknowledges and agrees that all products manufactured and sold pursuant to this Section 17 shall be first quality goods. The Club further acknowledges and agrees that the Association will not permit the sale of golf equipment including golf gloves bearing its Marks or the Championship Logo. Notwithstanding the foregoing the Club may sell golf balls with the Championship Logo imprinted thereon on the premises of the Club; (5) The Club agrees that any contract for the consignment or purchase of products permitted under this Section 17 which it enters into with any manufacturer, manufacturer's representative, distributor or supplier shall prohibit the sale of such product to any person or organization other than the Club or the Association without the prior written approval of the Association. Should the Association at any time decide to apply for a federal or state trademark registration on any of the Marks or the Championship Logo for any such product, the Club agrees to render the Association all reasonable assistance toward obtaining such registration, including the execution of documents deemed necessary or desirable by the Association, which documents shall be prepared at the Association's expense; (6) In the event this Agreement is terminated prior to the Championship, the license granted to the Club by the Association with respect to the Marks and the Championship Logo shall be immediately terminated and the Club shall stop any and all uses of the Marks and the Championship Logo as of the date of termination; and (7) The Club acknowledges that the Association has developed guidelines on the use of logos on merchandise sold at ,.\ssociation events, a copy of which is attached 13 hereto as Exhibit C and made a part of this Agreement. The Club agrees to adhere to such guidelines. The Club and the Association acknowledge and agree that the Association has the right to revise such guidelines at any time in its sole discretion and the guidelines, as they may be revised at any time, shall be deemed to be a part of this Agreement. 18. LICENSE FOR USE OF THE NAME OF THE CLUB A. The Club grants to the Association the non-exclusive right to use the name of the Club, images of the Course and the Club's facilities, and the Course design in connection with the conduct of the Championship, in the exercise of all of the rights associated with the Championship (including the media rights referred to in Section 14 above) and in any advertising and promotion of, or other references to, the Championship. The Association may assign its rights under this Section 18.A. to third parties, including without limitation to any company broadcasting the Championship or any company providing electronic scoring for the Championship. B. The Club also grants to the Association the right to use the name of the Club, images of the Course and the Club tacilities and the Course design, in connection with the advertisement and sale of tlrst-quality articles of apparel and other merchandise which refer to the Championship and/or the Association. The Club agrees that such products may be acjvertised and sold by the Association in any manner in which the Association chooses to employ. The Association may enter into any arrangements which it deems desirable for the manufacture and distribution of such products and may assign its rights and obligations hereunder to one or more individuals or entities. The Club agrees to cooperate with the Association and/or any assignees of the Association in arranging for the manufacture and distribution of such products and, should the Association at any time decide to apply for a federal or state trademark registration of any of the trademarks for any product, the Club agrees to cooperate with the Association's representative on the preparation and execution of all necessary contracts, which documents shall be prepared at the Association's expense. The Association agrees not to register the Championship Logo without the Club's prior approval; such approval not to be unreasonably withheld. The Association acknowledges and agrees that all products manufactured and sold pursuant to this Section I8.B. shall be first-quality goods. C. The Association may utilize the rights granted to it pursuant to this Section 18 in connection with the promotion and/or commemoration of the 64th U.S. Junior Amateur Championship, as well as, future championships, other Association championships and the Association. D. The Association agrees that nothing in this Agreement shall give the Association any right, title or interest in the name of the Club except as specifically provided herein. E. The Association acknowledges that the Club has a proprietary interest in the manner in which the name of the Club is used. Consequently, the Association 14 acknowledges and agrees that all products manufactured and sold pursuant to this Section ] 8 shall be first-quality goods. F. Tn the event this Agreement is terminated prior to tbe Championship, the license granted to tbe Association pursuant to this Section 18 shall be immediately terminated and tbe Association shall stop using the name of the Club, images of the Course and the Club's facilities and the Course design as of the date of termination. 19. ACCOUNTING The Club shall maintain complete records and accounts of all receipts and expenditures related to the Championship, and shall submit to the Association a final accounting of all such receipts and expenditures by October 31, 2011. In the event the Club collects any receipts and/or revenues to which the Association is entitled under the terms of this Agreement, the Club shall remit to the Association all revenues to which the Association is entitled no later than November 1, 2011. 20. MEMBERSHIP AND ANTI-DISCRIMINATION POI,ICY A. The Club represents and warrants that (i) it 'has demonstrably open membership policies and practices prohibiting discrimination of any kind whatsoever, including, but not limited to, on the basis of race, creed, color, national origin or gender and (ii) it has and shall continue through the end of the Championship to have minorities (including, but not necessarily limited to, African-American and women members) having voting membership privileges and rights. The Club further represents and warrants that during the Championship all facilities and areas of the Club which are utilized relevant to the conduct of the Championship shall be open to all people attending the~ Championship, provided that the Association and/or the Club, as the case may be, may restrict certain areas to designated ticket and/or badge holders so long as the Association and/or the Club does not discriminate on the basis of race, creed, color, national origin or gender in the distribution or allocation of such tickets and/or badges. B. The Club also represents and warrants that it will not take any action that would modity or change any of its membership and/or anti-discrimination policies from the date of tbis Agreement through the conclusion of the Championship without consulting in advance with the Association. The Association shall have the right to terminate this Agreement sbould the Club's proposed changes to its policies with respect to membershi p and anti-discrimination be in conflict with the Association's own policies with respect to such matters. 21. CONTROL OF TUE CLUB AND FACILITIES The Club represents, warrants and covenants that, through its contract with Scott Alexander's Golf shop, Inc. which manages the day to day operations of the Club, it 15 controls the Course and facilities at the Club. [n the event of a change in ownership or contract services for operation of the Club, the Association shall have the right to terminate this Agreement upon written notice to the Club. The Club agrees to provide prompt written notice of any such change in the controlling interest of the Club, its Course or tl1cilities or contract services for operation to the Association. 22. COMPI.JANCE WITH APPLICABLE LAWS All acts, actions and activities of the Club and its directors, officers, employees and agents shall at all times be in full and complete compliance with all federal, state and local laws, ordinances and statutes and all governmental rules, regulations, orders and directives including but not limited to, the Americans with Disabilities Act. It shall be the responsibility of the Club to ascertain the existence and applicability of any of the foregoing and the Club shall not be entitled to rely to any extent on the Association in that regard, except as is expressly authorized by the Association in writing. The Club represents and warrants that, to the best of its knowledge, it is currently in, and will continue to be in, full and complete compliance with all federal, state and local laws, ordinances and statutes and all governmental rules, regulations, orders and directives. 23. ASSOCTA TION PAYMENT In connection with the Club's agreement to host the Championship at the Club, the Association shall pay to the Club Twenty-Five Thousand Dollars ($25,000) on or before April 15, 2011; provided, that the Club adheres to all of the material terms, provisions and agreements set forth in this Agreement. The Club further agrees that it shall immediately return such amount to the Association if the Club fails to adhere to all of the material terms, provisions and agreements set forth in this Agreement. 24. MISCELLANEOUS PROVISIONS A Automotive transportation, including golf carts, shall not be permitted on the Course during Practice Days or during the Championship, except as authorized by the Association. The Association prefers that golf carts used on the grounds be electrically powered. B. The prices charged for the tollowing shall be subject to the Association's prior approval: ( I) Programs (2) Caddies 16 (3) Food and beverages sold on the grounds and in the clubhouse The Club agrees to submit to the Association its proposed charges for programs and caddies at least six (6) months prior to the first Practice Day and for food and beverages to be sold on the grounds and in the c1ubhollse at least three (3) months prior to the first Practice Day. C. Both parties agree to focus on the administrative, physical, financial and other arrangements relating to the Championship which require resolution at the earliest possible date. The Club will ascertain and will inform the Association whether there are any local laws which \vould restrict play on Sunday. D. The Association reserves the right to approve all advertising, press releases, rate cards, stationery, newsletters, printed matter, websites and any other matter or item relating to or in connection with the Championship. The Club agrees to submit all such items and/or matters to the Association for approval prior to their printing or use, whichever occurs earliest. E. This Agreement, and any of its terms and conditions, may not be assigned by the Club without the prior written consent of the Association. F. Formal notices between the parties shall be addressed as follows: If to the Association: Ben Kimball Manager, Competitions United States Golf Association Golf House 77 Liberty Corner Road Far Hills, New Jersey 07931 With a Copy to: Henry Smokier Associate General Counsel United States Golf Association Golf House 77 Liberty Corner Road Far I-fills, New Jersey 07931 If to the Club: Scott Alexander General Manager/Director of Golf 17 Gold Mountain Golf Club 7263 West Belfair Valley Road Bremerton, Washington 98312 I G. The Club's name and location, for purposes of identification in Association literature and public notices, is: Gold Mountain Golf Club Bremerton, Washington H. This Agreement sets fmih the entire agreement and understanding of the Association and the Club relating to the subject matter contained herein and supersedes all prior agreements and/or understandings, whether ~ritten or oral, between the parties relating to the subject matter contained herein. No: modifications or amendments hereto shall be effective unless made in writing and signed by the parties hereto. I. Any waiver by any party of any right~ arising from any breach of terms of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other terms of this Agreement by another party. 1. If any provision of this Agreement ~hall be determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, and such determination shall become final, such provision or portion shall be deemed to be severed and the remaining provisions and portions shall be enforced to give effect to the intention of the parties insofar as that is possible. K. Section headings contained herein are solely for the purpose of aiding in the location of general subject matter and are not in~ended to be used in the construction of this Agreement. L. Nothing herein contained shall constitute or be construed to constitute a partnership or joint venture between the parties. M. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. ' , N. The parties agree that any complaint: filed arising from or relating to this Agreement shall be filed in a federal or state court iniNew Jersey and both parties consent to the jurisdiction and venue of these courts for that purpose. . O. For convenience of the parties, this Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 18 P. This Agreement shall have a term commencing as of the date of this Agreement and expiring on December 31, 2011, unless otherwise terminated or extended pursuant to the terms hereof. The Association shall have the right to tenninate this Agreement if the Club shall fail to perform or ~observe any material term, covenant or agreement contained in this Agreement required to be performed or observed by the Club if the failure to perform or observe such term covenant or agreement remains unremedied for sixty (60) days after the Association sends notice of such failure and its intention to terminate this Agreement to the Club. If the failure to perform is not remedied by the Club at the end of the sixty (60) day period, the Association shall have the right to terminate the Agreement effective immediately. Q. The agreements contained in Sections 2, 14, 15, 16, 17, 18, 19 and 24 hereto shall survive and remain in full force and effect in accordance with their terms following any termination of this Agreement. 19 IN WITNESS W'HEREOF, the parties have caused this Agreement to be signed and duly executed as of the day and year first written above. lJNITED STATES GOLF ASSOCIATION By: Name: Title: CITY OF BREl\lERTON By: Name: Title: G:/Champiollships/Junior/20 11 Gold Mountain l.doc 20 EX1::lJJiIJ~ yNITFD ST..A TE~1JOLF~t\SSQCIATIQ_N MARKS. The following Federal service marks are registered in the name of the United States Golf Association for golf tournaments. When lIsed in connection with promoting and advertising the Championship, the symbol @ should follow these terms. USGA@ UNITED STATES GOLF ASSOCIA TION@ U.S. JUNIOR AMATEUR CHAlViPIONSHIP@ The following trademarks are owned by the United States Golf Association. For all products authorized by the United States Golf Association under this Agreement, the symbol 'I'M should follow these terms. USGATM UNITED 8T ATES GOLF ASSOCIATION 'I'M U.S. JUNIOR AMATEUR CHAMPIONSI-UpTM EXH IIlLTA ______, 2008 Scott Alexander General Manager/Director of Golf Gold Mountain Golf Club 7263 West Belfair Valley Road Bremerton, Washington 98312 Dear Mr. Alexander: This letter ("Letter Agreement") will confirm the agreement we have reached modifying the 2011 U.S. Junior Amateur Championship agreement (the "Agreement") dated as of , by and between the United States Golf Association (the "Association") and Gold Mountain Golf Club (the "Club"). This Letter Agreement shall only relate to that section of the Agreement concerning the parties' rights to promote the Championship on the Internet and only to the parties' rights to register and operate certain domain names or URLs for the purpose of promoting the Championship. Unless otherwise noted, all capitalized terms in this Letter Agreement shall have the meaning given to them in the Agreement. Such agreement is as follows: The parties acknowledge and agree that the Association owns and has registrations for the following domain names relating to the Championship: www.usjunioram.org ("Official Championship URL") and www.2011usjunioram.com ("Year Specific Championship URL"). By virtue of this Letter Agreement, and in addition to the rights granted to the Club in the Agreement, the Club may request the Association to direct the Year Specific Championship URL to that section of the Club's existing website which is devoted to promoting the Championship (or any portion of a web site operated by or on behalf of the Club which is devoted to promoting the Championship). Upon request from the Club, the Association will direct the Year Specific Championship URL to the Championship section of the relevant web site, beginning within five (5) business days of the date the request is received by the Association. At all times during which the Club is operating a website containing information relating to the Championship, the Association will provide a link from the Official Championship web site to that section of the Club's website devoted to promoting the Championship, where users can obtain information about the Club and other content relating to the Championship. Tn addition, the Club shall include, in a prominent location on the first screen of its website devoted to the Championship, a link to the Official Championship website. The design and language of such link to the OtTtcial Championship Website shall be delivered to the Club by the Association. The parties further acknowledge and agree that domain names bearing the year of the Championship and the name of the Club shall not be used by either party to operate a website or direct users to a web site or section of a website devoted to promoting the Championship. All other terms and Sections of the Agreement shall remain in full force and effect. To the extent that amendment of the Agreement is necessary to effectuate the foregoing, it is hereby amended. Except to the extent amended herein, the Agreement shall remain in fl.tll force and effect. If the terms of this Letter Agreement accurately renect the agreements reached between the USGA and the Club with respect to the subject matter contained herein, please signifY your agreement by executing this Letter Agreement and the enclosed copy in the space provided below and return one originally executed copy to Henry Smokier, Associate General Counsel, USGA, Golf House, 77 Liberty Comer Road, Far Hills, NJ 07931. Sincerely, UNITED STATES GOLF ASSOCIATION PLEASE DO NOT SIGN - EXHIBIT PURPOSES ONLY By: Name: Michael A. Butz Title: Deputy Executive Director Acknowledged and Agreed to as of this _ day of ,2008: GOLD MOUNTAIN GOLF CLUB PLEASE DO NOT SIGN - EXHIBIT PURPOSES ONLY By: Name: Title: 23 vZ 03H:)V 101,V aa TjT ;) 11 HI HX3 Mayor Cory Bozeman June 3, 2008 Scott Alexander Daryl Matheny Gold Mountain Golf Club 7263 West Belfair Road Bremerton W A 98312 Dear Scott and Daryl: I want to congratulate you on the work you have done in attracting the 2011 U.S.G.A. Junior Amateur Championship to Bremerton's Gold Mountain Olympic Golf Course. This prestigious event will again raise the profile of Gold Mountain within the golfing world and hopefully will help us attract new players to our course in the coming years. I and our staff will do anything we can to support you in this effort. I understand in order to get the opportunity to host this tournament we are obligated to raise a significant amount of revenue through private sponsorships. As the golfing business in general has shown a downtown during the past year which is affecting our golf funds reserve balance it becomes even more important that we are successful in raising the required funds from private sources. Having the revenue needed to make up for the loss ofthe use of the course for the week will be important as I know you are aware. These are challenging times as the economy is in a recession and people will have less disposal income, but I agree we cannot and should not pass up this opportunity to host a National Tournament. It will be good for Gold Mountain and good for Kitsap County and the City of Bremerton. Now as the City Council approves the contract we all have to join together to insure we put on a great tournament and protect the financial interest of the golf fund. Si~ Cary Bozeman Mayor cc: vCity Council Wyn Birkenthal Laura Lyon Phil Williams DATE SUBMITTED: May 21,2008 BILL # 08-/4:2- AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A ........................................................................................ SUBJECT: Ordinance No. 5 V 5J- creating the Bremerton Harborside Revenue Development Area Committee Meeting Date: May 28, 2008 COUNCIL MEETING Date: June 4, 2008 Department: Financial Services Presenter: Laura S. Lyon Phone: 473-5722 SUMMARY: Washington State has enacted legislation creating the Local Infrastructure Financing Tool (LIFT). The LIFT legislation creates an opportunity to redirect existing revenue sources to projects that benefit the local community by designating a Revenue Development Area (RDA). The City must obtain permission from the State to use this authority. To secure the State's permission, the City must participate in a process specified by law and compete against other interested government agencies throughout the state. The selection of Bremerton would authorize the City (within the approved and established RDA) to finance certain economic development public infrastructure improvements through the reallocation of various existing property and excise taxes. Use of LIFT does not increase property or sales tax rates. The estimated period in which local infrastructure financing is contemplated to be used is twenty-five (25) years. If the City is selected by the State for this program, LIFT would commence as early as July 1,2011 and conclude no later than June 30, 2039. Staffhas completed the required notification procedures and ensured all conditions of the proposed Revenue Development Area meet the eligibility criteria and therefore recommend that the City Council approve the ordinance creating the Bremerton Harborside Revenue Development Area. ATTACHMENTS: Ordinance and Exhibits, Explanatory Memo with Supplementary Info Attachments FISCAL IMP ACTS (Include Budgeted Amount): By creating an RDA, the City of Bremerton could qualify for a maximum state contribution of up to $1,000,000 per year for 25 years to be used for repayment of bonds issued to finance eligible ublic improvements wit . n the RDA. COMMITTEE CHAIR COUNCIL PRESIDENT: APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to approve Ordinance No. 505;;1... creating a Revenue Development Area to be known as the Bremerton Harborside Revenue Development Area. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 5052- .----.-------- AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating a Revenue Development Area to be known as the Bremerton I-1arborside Revenue Development Area pursuant to Chapter 181, laws of 2006 and Chapter 229, laws of 2007 (Local Infrastructure Financing Tool). WHEREAS, Chapter 181, Laws of 2006 and Chaptcr 229, Laws of 2007 (thc "Act") provided that a sponsoring local governmcnt may create a Revenue Development Area (RDA) within which certain specified public improvements may be financed through the allocation of various property and excise taxes, as sel forth in the Act; and WHEREAS, the Act provides the City of Brcmcrton ("City") the opportunity to compete for utilization of the benefits of the Local Infrastructure Financing Tool ("LIFT") a limited form of tax increment financing, which has becn used successfully in states throughout the nation to promote community building and economic development; and WHEREAS, the City of Bremerton adopted by Ordinance No. 5034 a Downtown Regional Center Sub-Area Plan on December 19,2007 which provides a long term, coordinated plan to help direct decision making affecting the ongoing revitalization and regeneration of Brcmerton's downtown area. The Sub-Area Plan supports, implements, and has been formally incorporated into, the City's adopted Comprehensive Plan; and WHEREAS, redeveloping and revitalizing downtown Bremerton provides numerous benefits for all of the City of Bremerton. These benefits include: (1) building a stronger community and opportunities for Bremerton citizens; (2) promoting mixed-use redevelopment to generate new family-wage jobs that improve the quality of life Bremerton citizens may enjoy; (3) providing quality and affordable housing for all family types, ages, and incomes; and (4) improving pedestrian safety and reducing traffic congestion by supporting diverse and convenient mobility options including expanded use of alternative and non- motorized travel options; and WHEREAS, a revenue development area would provide significant assistance in carrying out the revitalization of downtown Bremerton and implementation of the recently adopted Downtown Regional Center Sub-Area Plan; and WHEREAS, the Act requires the City to create a revenue development area, subject to provisions of the Act, to qualify for a slate contribution up to a total amount of one million dollars per year; and WHEREAS, the City Council determines that 2009 should be used as the base year from which 10 measure the incremental future taxes for purposes of tbe Act; and I Bremer/on llarborside ReJlel111e Development Area WHEREAS, in order to create a revenue development area, a sponsoring local government must adopt an ordinance consistent with the requirements of Section 207 of the Act; and WHEREAS, prior to passagc of this ordinance, the City Council held a public hearing on June 4,2008, notice of which was published in the Kitsap Sun, the legal newspaper of general circulation within the proposed revenue development area, at least tcn days before thc public hearing, and notice of which was posted in at least six conspicuous places located in the proposed revenue development area, a copy of which form of noticed is atlaehecl as Exhibit A; and Wl-lEREAS, notice of public hearing in tbe form attached as Exhibit A was sent by United States mail to the property owners listed on Exhibit B-1, to the business enterprises listed on Exhibit B-2 and the community based organizations also listed on Exhibit B-2, incorporated herein by reference, such notices being sent at least thirty days prior to the public hearing; and WHEREAS, a certified copy of the proposed form of this ordinance was delivered to the Kitsap County Treasurer, as well as to the Washington State Community Economic Revitalization Board and to the Washington State Department of Revenue; and WHEREAS, the City Council has heard testimony at the public hearing and carefully considered the comments and opinions presented; and WHEREAS, the City Council finds that this Ordinance complies with the Act and that the creation of a revenue development area there under is in the best interest of the City of Bremerton and it's citizens; NOW THEREFORE, THE ClTY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals and Exhibits. The recitals set forth above arc incorporated herein by reference as if set forth in this section in fulL All Exhibits to this ordinance are incorporated herein by reference. SECI10N 2. Description of Public Im/Jrovements. The public improvements currently proposed to be made in the Bremerton Harborside Revenue Development Area are described in Exhibit C ("Public Improvements"). This list c10es not imply City Council approval of any specific projects at this time. City Council will consider ancl finalize the list of approved public improvements prior to commencing work on each project. SEC110N 3. Description of Boundaries. The City Council adopts the boundaries of the Brcmerton Harborside Revenue Development Area ("Bremerton Harborsidc RDA") as described below and as depicted in Exhibit D. 2 Bremer/on llarborside Revenue Del'elopment Area. Thosc portions of Government Lots 1,2 and 3, Sections] 3 and 24, together with the southeast and northeast quarters of the southeast quarter of Section 14, all of Township 24 North, Range I East, WilIamclle Meridian, City of Bremerton, Kitsap County, Washington more particularly described as follows: Beginning at the northwest corncr of l3lock 20 of thc Plat of the Town of BremCrLo!1 as recorded in Volume 2, of the book of plats Page 30, records of Kitsap County, Washington, being also a point on tbe easterly right of way of Warren A vcnue and the southerly right of way of Burwell Street and the True Poinl of Beginning; Thcnce northerly along said easterly right of way to it's intersection with the northerly right of way line of 81h Street, being also the southwest corner of Block 1 of the plat of Rudolph Olsen's Addition (0 Bremerlon as recorded in Volume 3, of the book of plats Page 56, records of Kitsap County, Washington; Thence easterly along said northerly right of way to it's intersection with the westerly right of way line of Park A venue, being also the southeast corner of Lot 7 of the Plat of .lens Jacobsen's Addition to 13remerton Washington as recorded in Volume 4, of the book of plats Page 9 J, records of Kilsap County, Washington; Thence southerly along said westerly right of way to it's intersection with the norther] y right of way of 7lh Street projected, as determined by Superior Court Case 2468, records of Kilsap County, Washington; Thence easterly along said projection and the northerly right of way to a point 300 fect north and 100 feet west of the northeast corner of Block J 6 of the said Plat of the Town of 13remerton, also being the intersection of the easterly line of an alley as dedicated to the City of Bremerton in Kitsap County Auditor's File No. 39528; Thence northerly along said easterly line and iI's extension thereof through 81h Street to the southeast corner of an alley as shown in Block J of the Plat of Cogean' s Addition to the Town of Bremerton as recorded in Volume 2, of the book of plats Page 67; Thence continuing northerl7, along the easterly line of said alley to it's intersection with the southerly right of way of 911 Street; Thence northeasterly across the said right of way to the intersection of the northerly right of way of said 9th Street and a line parallel to and 87 feet west of the westerly right of way of Pacific A venue; Thence northerly along said parallel line 91.03 feet; Thence westerly to a point being 307.02 feet south and 108.75 feet west of the point where the west line of said Pacific A venue intersects the north line of said Government Lot 2; Thence northerly parallel to Pacific A venue to the south line of an alley dedicated to the City of Bremerton in Kitsap County Auditor's File No. 473659; Thence generally easterly and northerly along said alley to the southeast corner of an alley as shown in the Plat of E. W. Caine's First Addition to the City of Bremerton, Washington as recorded in V olul11e 4, of the book of plats Page 23, records of Kitsap County, Washington; Thence continuing northerly along the easterly right of way of said alley and it's extension thereof through 1] Ih Street to the southeast corner of a 14 foot alley as shown on the Plat of Olive M. Smith's First Addition to the City of Brcmerton as recorded in Volume 3, of the book of plats Page 45, records of Kitsap County, Washington; thence northerly along the easterly right of way of said alley to it's intersection with the southerly right of way of I ih Street; Thence westerly along said southerly right of way to it's intersection with the easterly right of way Park A venue; Thence northerly along said easterly right of way to it's intersection with the southerly right of way of 14111 Street, as dedicated to the City of Bremerton in Kitsap County Auditor's File No. 42895; Thence easterly along said southerly right of way to it's intersection with the easterly right of way of Sheldon Boulevard; Thence generally southerly and easterly along said right of way to iI's continuance as the northerly right of way of] 31h Street; thence continuing easterly along said northerly right of way to it's nlersection with the westerly right of way of Highland 3 Bremertoll llar!Jorside Revenue Development ArM A venue; Thence northerly along said westerly right of way and extension thereof to it's intersection with the Government Meander Line; Thence northeasterly along said Government Meander Line and extension thereof to it's intersection with the Outer Harbor Line; Thence generally southerly along said Outer Harbor Line 10 it's intersection wjtb the easterly line of the Puget Sound Naval Shipyard boundary as shown on Sheet 4 of 5 of the David Evans and Associates survey recorded in Volume 65 of the book of surveys, Page 163; Thence generally northerly and westerly along the said boundary to i['s intersection with the soulherly tight of way of I sl Street; Thence westerly along said southerly right of way to the west line of the said Plat of the Town of Bre111erto11; Thence northerly along said west line to it's intersection with the soutb line of Block 13 of said PIal of the Town of Bremerton; Thence easterly along said south line to tbe southwest corner of Lot 23 of said Block 13; Thence northerly along the west line of said Lot 23 to it's intersection with tbe said southerly right of way of Burwell Street; Thence westerly along saicJ southerly right of way to the True Point of Beginning. SEC110N 4. Est.imates of'Cost.. As further described in Exhibit C, the current estimated cost of the Public Improvements is approximately $36.0 million in 2008 dollars, and Ihe current estimated portion of this cost 10 be financed by the Local Infrastructure Financing Tool, including LIFT Slate funding and local government LIFT contributions consistent with the Act, is approximately 47% to be received over 25 years. SEC110N 5. Time of Tax and Revenue Collection. The estimated time during which local excise tax allocation revenues, local property tax allocation revenues, and other revenues from local public sources to be used as part of the local infrastructure financing for the Bremerton Harborside RDA is 25 years (2010 - 2034). SECTION 6. Date for Commencement or Use of Revenues. City use of local excise tax allocation revenues and local property tax allocation revenues with respect to the Bremerton Harborside RDA is anticipated to commence on January 1,2010. SECTION 7. Findings Required bv Section 205 ofthe Act. The City Council finds and determines that the conditions of Section 205 of the Act are met with respect to the Bremerton Harborside RDA. Specifically, the City Council finds and determines tbat: (a) No funds will be used to finance, design, acquire, construct, equip, operate, maintain, remodel, repair, or reequip public facilities funded with taxes collected uncler RCW 82.14.048; (b) The Public Improvements are projects that are or will be identified within the capital facilities, utilities, housing, or transportation elements of the City's comprehensive plan under Chapter 36.70A RCW or are historic preservation projects under RCW 39.89.020; (c) The Public Improvements are expected to encourage private development with the RDA and to improve the fair market value of real property within the Bremcr!on Harborside RDA; (d) The City has received letters of intent from private dcvelopers that plan to undertake private improvements within the Brcmerton Harborside RDA. The City expects to enlcr into a development agreement with a private developer relating to certain areas and improvements within the Brcmerton Harborside RDA by 2012. 4 Bremer/on lIarborside ReFenuc Development Area (e) Private development that is anticipated to occur within the Bremerton Harhorside RDA, as a result of the public improvements will be consistent with the countywide planning policy adopted by Kitsap County under RCW 36.70A.21O and the City Comprehensive Plan and development regulations adopted under Chapter 36.70A RCW; (1) The local infrastructure fjnancing with respect to the Brelllerton I-larborside RDA is not expected to be used for the purpose of relocating a business from outside the RDA but within \Vashington Slate, into the RDA and the Brcmerfon Harborside RDA will improve the viability of existing business entities within the Bremerton Harborside RDA; (g) The Public Improvemenls arc reasonably likely to (i) increase private residential and commercial investment with the Bremerton lIarborsicle RDA; (ii) increase employment with in the Bremerton Harborsidc RDA; (iii) improve the viability of any existing communities that arc based on mixed-used development within the Brcmerton Harborside RDA; and (iv) generate, over the period of time that local option sales and use taxes will be imposed under Section 40 I of the Act, slate excise tax allocation revenues and stale property tax allocation revenues (as defined in the Act) derived from the Bremerton Harborsicle RDA that arc equal to or grcater than the respective state contributions made under the Act; and (h) The local infrastructure financing will only be used in the Brcmerton Harborside RDA, which is an area deemed by the City to be in need of economic development or redevelopment and is within City boundaries. SEC110N 8. Findinffs Required bv Section 206 of the Act. Pursuant to Section 206 of the Act, the estimated impact of the Bremerton Harborside RDA on small businesses and low-income housing and the mitigation plan relating thereto, attached as Exhibit E, is hereby adopted. SECTION 9. General Authorization. The Mayor and other appropriate City officers arc each hereby authorized and directed to do such things as may be necessary and appropriate in order to carry out the terms and provisions of, and complete the transactions contemplated by, this ordinance. SECTION 10. 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. SEC110N 11. Effective Date. This ordinance shall take effect and be in force ten (10) clays from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council Presidellt 5 Bremer/oil Ilarbol'.'.ide Revenue Developmen.t Area Approved [his ______ clay of ____ ___________, 2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETCEN, Cily Clerk ROGER A. LUBOVICI-I, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of__ ,2008 ,2008 H:\Orclinance_.LIFT RDA.c1oc 6 Bremer/on. Harborside Revenue DeJlelopmen/ Area City of BrcnH~..ton Pl'oposcd Hrcmertol1 llarb()rside Revenue Developmcnt Area Community Ecol1omic Revitalization Board - Local Infr~lstrucLUI'e Finandng Tool Notice of Public Hearing City of Brelnerton NOTICE OF PUBLIC HEARING The Brcmcrloll City Council will hold a public hearing on Wednesday June 4, 2008, 5:30 p.m. or later, in the Norm Dicks Government Center I Council Chambers, located at 345 61h Street, 13rel11erlon, Wasbington to take public comment on the folJowing: Washington Stale has enacted legislation creating the Local Jnfrastruclure Financing Tool (LIFT). In essence, the UFT legislation creates an opportunity to redirect existing revenue sources to projects tbat benefit the local community by designating a Revenue Development- Area (RDA). The City must obtain permission from the State to use this authority. To secure the State's permission, tbe City must participate in a process specified by law and compete against other interested government agencies throughout the state. The selection of Bremerton would authorize tbe City (within the approved and established RDA) to finance certain cconomic devcIopment public infrastructure improvements through the reallocation of various existing property and excise taxes. Use of LIFT does not increase properly or sales tax rates. By creating an RDA, the City of Bremerton could qualify for a maximum state contribution of up to $1,000,000 per year for 25 years to be used for repayment of bonds issued to finance eligible public improvements within the RDA. RDA boundaries are described in a map which is contained in this packet and labeled Attachment 1. Owners of record of real estate, business owners, or community-based organizations within the area depicted in the proposed RDA map (see Attachment 1) are being provided this notice through the United States Postal Service 30 days prior to the Public Hearing. If authorized, the funds received through LIFT would be used for several public improvement projects within the RDA as shown in Attachment 2. The estimated cost of these projects is $36 million. In addition to utilizing LIFT funding, the City has already obtained or is actively seeking other local, federal and state funding. Othcr resources available to finance the improvements within the RDA include; City of Bremcrton General Capital Jmprovement Fund, private sector development contributions, and net operating revenues after aJl operational expenses from the proposed parking garage facility. Approximately $17 million, including the State and the City's matching contributions, is estimated to be borne by UPT related funding - representing approximately 47% of the overall cost of the eligible improvements within the proposed RDA. The estimated period in which local infrastruclure financing is contemplated 10 be used is Iwenly-five (25) years. If the Cily is selected by the State for this program, LIFT would Exhibit A Ordinance No. Notice of Public Hearing Page] 01'7 City of Urclllcrton Proposed Bremcrton l-larborside Revenue Development An~a Community Economic Revitalization Board - Loe~ll Infrastructure Financing Too] Notice of Public Hearing commence as early as July l, 201 I and conclude no later than June 30, 2039. These funds arc collected from growth in property tax proceeds and sales and use taxes Ihat are generated from wilhin the RDA Llsing 2009 as a "base year" for measuring tax growth. Cirowth is forecasted based on Ihe impact of economic developmenl projects undertaken. Tax rales wiU not rise as a result of this action. The City of Bremerton has retained the services of ECONorlhwest to provide a third- party economic analysis of the proposed RDA. The analysis eSlimates the impact public improvements could have on small businesses and low income housing units within the RDA and from this a plan to mitigate impacts that could come as a result of the RDA has been prepared. The detailed analysis and related mitigation plans can be obtained by request from City Hall, 345 6th Street, Suite 600, Bremerton, Washington. Analysis of land parcels within the RDA shows that there arc 249 residential parcels with 787 housing units. The LIFT application requires an analysis of affordable or low-income housing. The LIFT legislation defines low-income housing as a residential unit that is affordable to a household making no more than 80 percent of the median family income. Housing is considered affordable when a household is paying no more than 30 percent of gross income for housing costs. The results of a telephone survey and housing inventory indicate that all of the 481 multi- family units are affordable to low-income residents. Approximately 19 units, or 4 percent of the total affordable multi-family units are estimated to be vulnerable to displacement during the 25-year period of the RDA's existence. Although the economic analysis has not confirmed the number of affordable single family units, it has identified approximately 12 single family units that are vulnerable to displacement. This represents 7 percent of the total single family housing units in the RDA. The economic analysis identified 369 businesses within the RDA. Under LIFT legislation, a small business is an entity with fifty or fewer employees that is owned and operated independently from all other businesses. Using this definition, the analysis shows that there are 358 small businesses within the RDA, or 97 percent of the total 369 businesses. The businesses in the RDA face a variety of scenarios when faced with planned infrastructure improvements and the redevelopment of Downtown Bremerton. No small businesses are immediately vulnerable to displacement as a result of tbe public projects being proposed in the RDA. One small business is immediately vulnerable to displacement as a result of the private projects being proposed in the RDA. The economic analysis conservatively estimates that approximately lO I small businesses, or 27 percent of the small businesses within the RDA, are moderately vulnerable to potential displacement throughout tbe 25-ycar period of the RDA'5 existence. The City of Bremerton is commiucd to providing services to small businesses, as outlined in the Exhibit A Ordinance No. Notice of Public Hearing Page 2 of 7 Cit.y of Bremcrton Proposed Bl'cmel'ton Harborside n.evcnue Development Area Community Economic Revitalization Board - Local Infrastruetlll'c Financing Tool Notice of Public Hearing mitigation plan and has approved a land use plan for the area which encourages retcnrion and recruitment of a healthy mix of retail and services activity with the RDA. Detailed materials demonstrating how the City's proposal meets the LIFT requirements set forth in RCW 39.102.060 rhrough 39.102.080 are available at City Hall 345 61b Street, Suite 600, B1'emertoll, Washington. The public is invited to comment at the City Council hearing, or by submilling writlen comments or questions prior to the meeting to the 13remer(on Ci(y Clerk - 345 61h S(reet, Suite 600, Brel11erton, Washington 98337- 1873. For further information, please contact the City of 13reme1'Lon's Director of Financial Services - Laura Lyon at (360) 473-5722 or email heratlm!D.~J.ym}_@ci.hrcl1lcrton.wa.us . SPECIAL ACCOMODATIONS: The City of Bromerton strives La provide accessible meetings for people with disabilities. If special accommodations are required, please con (act the City Clerk at (360) 473-5323 at least three days prior Lo the meeting. Carol Etgen, Bremerton City Clerk To Be Published: Kitsap Sun May 20, 2008 Exhihit ^ Ordinance No. Notice of Public Hearing Page 3 0/'7 City of Hrcmer{on Proposed Brcmerton Harhorside Revenue Development. Area Community Etol1omic Revitalization Board - Locallnfrastrudure Financing Tool Attachment I /\ {lachrnent 1 Page 4 of 7 City of Brcmcrton Proposed Brcmerton Harborside Revenue Development Area Community Economic Revitalization Board - Local Infrastructure Financing Tool Attachment 2 Estimated Public Investment Project Descriptions and Costs The following is a list of capital projects within the proposed Revenue Development Area (RDA) using Local Infrastructure Financing Tool (LIFf) financing that are under consideration by the City of Bremer ton at the time of application to the State of Washington Community Economic Revitalization Board (CERB). The project costs are all in 2008 dollars and are based on preliminary estimates that may be revised as the projects move through the public process, approval and final design. The amount of projects that are approved and constructed will depend upon such things as: public input, final design, actual construction costs, additional funding sources and the amount and pace of private investment within the proposed Revenue Development Area. All of the projects are listed by their planning names, which may be changed later, for identification purposes only. The proposed RDA includes all of the downtown core and waterfront area and is configured to generally match the City of Bremerton's Downtown Subarea Plan boundaries as adopted on December 19,2007 - with the exception that areas designated for one and two family neighborhoods will not be included in the proposed revenue development area. RDA boundaries are described in a map which is contained in this packet and labeled Attachment 1. Within this proposed revenue development area there are several public and private sector economic development infrastructure projects planned for the future or currently underway. The three specific public projects within this proposed RDA that are anticipated to be included in the final LIFT application are as follows: Bremerton Boardwalk Project $24,000,000 This project will construct a 3,200-foot over water boardwalk connecting the existing Louis Mentor Boardwalk in the Harborside District to the City's popular Evergreen Park. The boardwalk will serve two purposes; it will provide a recreational waterfront experience for residents and visitors and it will provide access for maintenance of an adjacent sewer main on the beach. The project has three components; construction of the boardwalk, replacement of the existing beach sewer line and redevelopment of a former industrial property into a major expansion of the City's premier park, Evergreen Rotary Park. C01lceptl/alllllages of Brelllcrloll Boardwalk Project Attachment 2 Page 5 of7 City of Bremcrton Proposed Bremerton Harborside Revenue Development Area Community Economic Revitalization Board - Local Infrastructure Ji'inancing Tool Attachment 2 The Bremerton Boardwalk is unique because it combines three innovative projects to maximize resources, provides multimodal pedestrian safety, as well as providing community and economic benefits. This project has received wide support from local government agencies, businesses, private groups, and the general public. The Bremerton Boardwalk was recently ranked #1 in the state by the Recreation & Conservation Funding Board for the Washington Wildlife & Recreation Program (WWRP - Trails) grant. The boardwalk creates a unique waterfront experience for everyone, and provides shoreline access, and a safe pedestrian path that currently does not exist. The boardwalk also provides a primary leg of a planned "Park to Park" Corridor Loop. The Bremerton Boardwalk Project is expected to cost a tolal of $24 million and the City has assembled approximately $13 million dollars in funding from a variety of sources - including City of Bremerton resources, State capital grants, and Department of Ecology reimbursement grants related to required environmental remediation. Additional grant applications have already been submitted totaling $5.3 million and a variety of additional Grants have been identified which will be pursued in the coming year, along with other private support. It is expected that the LIFT designation of this project would provide an additional $5 million to the funding package. Pacific A venue Improvements $ 4,000,000 Pacific Avenue connects the Harborside Fountain Park and downtown area to supporting residential neighborhoods, as well as Evergreen Park. A project on Pacific A venue from 15t to 6th Streets is already in progress and expected to get underway in 2008 which includes sidewalk extensions, curb bulb-outs, and Low Impact Development techniques to filter storm water. The proposed project for LIFT funding is to continue these Pacific A venue improvements from where the current project leaves off at 6th Street and extend it all the way to Evergreen Park. This project combined with the Bremerton Boardwalk project will complete the downtown loop - as the link forming a "Park to Park" Corridor. Streetscape enhancements will help make this a walkable and pedestrian friendly street. Recently adopted development standards support the enhancement of this street through the introduction of higher intensity mixed- use projects containing active commercial uses on the ground floor. A Attachment 2 Page 6 of7 PM" To ""tic Loop ........ BOan:fwalk .... ... ..... \ '. PIamod III" s.r- ~ fIlKe Cannec:cic:ln \ l-""-<d I'utllic >poW ---; "'i"..... 8.. Undine . . : '. : . I : I'rapoted ""'5th : Connection i '. -&;;;;;;;;~-I . Spore _~_~?~~:J Proposed I'lblic 5jna! HoIlsorside fountain Pork City of Brcmcrton Proposed Brcmertoll I1arborside Revenue Development Area Community Ecollomk Revitalization Board - Local Infrastructure Financing Tool Attachment 2 broad array of compatihle uses, including retail, eating and drinking establishments, residcntial, office, cultural, educational, and indoor recreation arc encouraged to localc along Pacific Avenue. As the primary pedestrian street - Pacific A venue is the most significant public walking corridor in the City's Downtown Sub Area Plan. 'rhe Pacific A venue Improvement project is expected to cost a total or $4 million and currently has no funding source. It is expected that the LIFT designation would provide all or the estimated $4 million to fund this project. Pat'king Gat'age Fadlity _ $ 8,000,000 The City of Bremerton recently adopted a Downtown Subarea Plan and updated its Comprehensive Plan accordingly. The Subarea Plan recognizes intense and persistent demand for downtown long-term parking related to the Puget Sound Naval Shipyard (PSNS) and the Washington State (WS) Ferry and a need to provide parking facililies that encourage "park-once" behaviors for the downtown area - so that people can access multiple shops and destinations without using their cars. It has been determined that an excessive amount of developable land has been used as surface parking throughout the southern area of the Sub Area - created to meet the long term parking needs of the two major users PSNS and WS Ferry. The Sub Area plan calls for a second large centralized parking structure in downtown to release pressure for surface lots and may also be used for parking "in-lieu of" purposes for new developments. The parking facility will also meet the particular requirements of building and growing a viable Employment District. The location of a new multi-level garage will serve commercial businesses within the Pacific Street Corridor and long-term uses related to the WS Ferries and the PSNS. This project was conceived in the last year and has not yet been through a preliminary design phase nor is it included in the City's current adopted Capital Improvement Plan. City Council has approved of the conceptual plan by the adoption of the Downtown Sub Area Plan and it will next move forward to project design and is expected to be included in the City's 6-year Capital Improvement Plan for 2009. The Parking Garage Facility is expected to cost approximately $8 million but has not been through a planning and design process to finalize the cost estimates. A parking facility provides revenues from parking fees which can be pledged to support the issuance of revenue bonds for the construction of such facilities. However, the revenues are typically inadequate in total to provide support for the size of debt issuance necessary to construct sllch a facility ..- in addition to propcrly maintaining and operating such a facility. In ordcr to move forward with construction of this needed parking garage facility, a financing packagc that combines rcvenuc bonds as supported by reasonable and achievable parking fec revenucs and a general obligat ion bond issuance supported by LIFT revenues wiIJ be nccessary. It is expccted that thc LIFT designation and net revenues from tbe facility would provide all of (he estimated $8 million to fund this project. !\ lfachmenf 2 Pnge 7 of 7 List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME sTR ADDR CITY STATE ZIP 1 UNITED STATES OF AMERICA 19917 7TH AVE NE POULSBO WA 98370 2 RYAN TIM PROPERTIES LP 19307 8th Ave NE, Ste A Poulsbo WA 98370 3 MAEDA EDWIN 1542 YOUNG ST STE 207 . HONOLULU HI 96826 4 GOLDBERG MARK & TZIVIAH 4739 UNIVERSITY WAY NE 1607 SEATTLE WA 98105 5 TIFERET ALAN MAR LLC 4032 NE 58TH ST SEATTLE WA 98105 6 LEE NORMAN JACK JR 1123 HIGHLLAND AVE BREMERTON WA 98337 7 ,STOCKING BOSCO & GERARDA 392 S LIVERMORE AVE LIVERMORE CA 94550 8 VICTOR SUSAN E 1107 PACIFIC AVE BREMERTON WA 98337 9 HARRIS VONDA LEE 1107 PLEASANT AVE BREMERTON WA 98337 10 WYATT NICHOLAS D & JONES JOWHARA A PO BOX 1594 SILVERDALE WA 98383 11 AIKEN MATTHEW & NOVAK RANDI 1109 PACIFIC AVE BREMERTON WA 98337 12 GOLDBERG MARK & TZIVIAH 4038 NE 58TH ST SEATTLE WA 98105 13 COBB LOUIS A 1110 PLEASANT AVE BREMERTON WA 98337 14 BRENNAN KATHLEEN M & HENKEL TIM A 1121 PLEASANT AVE BREMERTON WA 98337 15 HOSKINSON SCOTT R & RENA E 1113 PLEASANT AVE BREMERTON WA 98337 16 NEWBERG ALAN & ELLEN J 9255 ILLAHEE RD NE BREMERTON WA 98311 17 FARR DAVID D PO BOX 5418 BREMERTON WA 98312 18 PRESLAR DAVID 3880 STEELHEAD DR NW BREMERTON WA 98312 19 CARLIN ALEC & GOODING PAULA 825 E ALLISON ST SEATTLE WA 98102 20 COBB LOUIS A 1110 PLEASANT BREMERTON WA 98337 21 BRENNAN KATHLEEN M 1121 PLEASANT AVE BREMERTON WA 98337 22 LEE NORMAN JACK JR 1123 HIGHLAND AVE BREMERTON WA 98337 23 CRUVER CYNTHIA K & KYLE L PO BOX 847 BREMERTON WA 98337 24 MAJU RAWMAN & NEELAM R 911 IRONSIDE BREMERTON WA 98310 25 MILLER RONALD A 1129 PLEASANT AVE BREMERTON WA 98337 26 HIGHLAND AVE PARTNERSHIP 1126 HIGHLAND AVE BREMERTON WA 98337 27 GOLDBERG MARK B 11411THPL BREMERTON WA 98337 28 PARKER MARCIA J 1202 MCKENZIE AVE NE BREMERTON WA 98337 29 COOK KEVIN D & PAULA R 1131 SHORE DR BREMERTON WA 98310 30 BENCIK MICHAEL J & MARJORIE 1203 PACIFIC AVE BREMERTON WA 98310 31 EQUINOX EQUITIES PO BOX 2018 BREMERTON WA 98310 32 ROBINSON DIANNE P 1204 PARK AVE BREMERTON WA 98337 33 CLARK GLENDA R 8259 VANDECAR RD SE PORT ORCHARD WA 98367 34 CONE ANNE 1206 MCKENZIE BREMERTON WA 98337 35 GOODING PAULA & CARLIN ALEC 825 E ALLISON SEATTLE WA 98102 36 MOSHA Y H EMILY 1206 PARK AVE BREMERTON WA 98337 37 BREMERTON CITY OF 1208 COGEAN AVE BREMERTON WA 98337 38 PIERCE EVAN & BLAND SUSAN PO BOX 22198 SEATTLE WA 98122 39 WINNINGHAM DELSIE 1209 PACIFIC BREMERTON WA 98337 40 HENKEL TIM A & BRENNAN KAHTLEEN M 1121 PLEASANT AVE BREMERTON WA 98337 Exhibit B-1 Ordinance No. List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME STR ADDR CITY STATE ZIP 41 JAENICKE ROBERT H & PENNY L 160 SERENO CIRCLE DR BREMERTON WA 98312 42 HOKE WILLIAM E & GRAF HOKE PATRICIA 1210 PARK AVE BREMERTON WA 98337 43 PIERCE EVAN PO BOX 22198 SEATTLE WA 98122 44 BUNDY BLANCHE S L PO BOX 1796 RANCHO SANTE FE CA 92067 45 POTTS HELEN 1214 MCKENZIE AVE BREMERTON WA 98337 46 CRUVER KYLE L & CYNTHIA K PO BOX 847 BREMERTON WA 98337 47 WATERS CAROL & CORNELL 1217 MCKENZIE AVE BREMERTON WA 98337 48 T1FERET LLC 4739 UNIVERSITY WAYNE STE 1607 SEATTLE WA 98105 49 CRUVER KYLE L & CYNTHIA K 1221 MCKENZIE AVE BREMERTON WA 98337 50 TIFERET LLC 1702 N 45TH ST SEATTLE WA 98103 51 CRUVER DEVELOPMENT LLC PO BOX 847 BREMERTON WA 98337 52 LANTRIP DENNIS A 1302 PARK AVE BREMERTON WA 98337 53 JONES IRENE M 1306 PARK AVE BREMERTON WA 98337 54 CHEVRON TEXACO PO BOX 1392 BAKERSFIELD CA 93302 55 LAWRENCE LISA M PO BOX 9339 BREMERTON WA 98337 56 WALLACE DUNCAN IV PO BOX 20191 SEATTLE WA 98102 57 COOPER DAVID A 4826 SE SLEEPY HOLLOW Ct PORT ORCHARD WA 98366 58 BENNETT JAMES W 907 EAGLECREST PL PORT ORCHARD WA 98367 59 BREMERTON CITY OF 345 6TH ST STE 600 BREMERTON WA 98337 60 BENNETT JAMES W 906 EAGLECREST PL PORT ORCHARD WA 98366 61 Seaside Church PO BOX 5533 BREMERTON WA 98312 62 WESTSOUND BANK PO BOX 405 BREMERTON WA 98337 63 KITSAP TRANSIT INC 60 WASHINGTON AVE STE 200 BREMERTON WA 98337 64 ANDERSON ERIC L & SANDRA E 3046 MARINE DR BREMERTON WA 98312 65 KITSAP COMMUNITY FEDERAL CU PO BOX 990 BREMERTON WA 98337 66 DIAMOND JOEL 3161 ELLIOTT AVE DEPT 9005A SEATTLE WA 98121 67 L1MANTZAKIS PROPERTIES NO 2 704 NE NORTHLAKE WAY #100 SEATTLE WA 98105 68 GAHLHOFF SONIA L & WHITNEY ROBERT L 12184 SALlX WAY SAN DIEGO CA 92129 69 SURPRISE HOLDINGS LLC PO BOX 2018 BREMERTON WA 98310 70 MELLO FRANK A & CHARMAINE 210 SIXTH ST BREMERTON WA 98337 71 GOFF RONALD K 2119THST BREMERTON WA 98310 72 TEDFORD GAIL C 1211 7TH ST BREMERTON WA 98310 73 DIAMOND JOEL & JULIE 3161 ELLIOTT AVE SEATTLE WA 98121 74 T & B HOLDINGS LLC PO BOX 5526 BREMERTON WA 98312 75 3MW LLC 3148 OLD SAWMILL PL NW BREMERTON WA 98312 76 ROSE DAVID E & MARY JO 218 1ST AVE BREMERTON WA 98310 77 PETERSON NEIL J FAMILY LLC PO BOX 2241 BREMERTON WA 98310 78 LAINE PROPERTY MANAGEMENT 2454TH ST SUITE 508 BREMERTON WA 98337 79 WEIR LOUIS J 9204 UTAH ST NE BREMERTON WA 98311 80 BEAUDRY RICHARD 10377 JUBILEE LN NW POULSBO WA 98370 Exhibit B-1 Ordinance No. List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME STR ADDR CITY STATE ZIP 81 ROBINSON JAMES 4904 Kitsap Way Bremerton WA 98312 82 HANFORD FRANCES M & DANA B 16680 AGATE RD NE BAINBRIDGE ISLAND WA 98110 83 WELCH JAMES T & JOANNE K 238 BURWELL BREMERTON WA 98337 84 HARBORVIEW PACIFIC LLC PO BOX 2983 SIL VERDALE WA 98383 85 CALVARY CHAPEL OF BREMERTON 270 4TH ST BREMERTON WA 98337 86 CARTWRIGHT EUGENE P & ANNA M 9956 BOWE LN SE PORT ORCHARD WA 98367 87 RICE FERGUS ARCHITECTS 2624TH STREET BREMERTON WA 98337 88 CALVARY CHAPEL OF BREMERTON PO BOX 3168 BREMERTON WA 98337 89 KITSAP COUNTY HISTORICAL SOCI PO BOX 903 BREMERTON WA 98377 90 KITSAP CO CONS HOUSING AUTH 9307 BA YSHORE DR NW SILVERDALE WA 98383 91 BREMERTON HOUSING LP & CATHOLIC COMMUNITY SERVICE 1902 2ND AVE SEATTLE WA 98101 92 BREMERTON CITY OF 345 6TH STREET STE 600 BREMERTON WA 98337 93 JOHNSTON HILDA C 2341 ROOSEVELT AVE BERKELEY CA 94703 94 NAVY YARD INV CO PO BOX 1433 BREMERTON WA 98337 95 KITSAP MENTAL HEALTH SER 5455 ALMIRA DR NE BREMERTON WA 98311 96 HERMAN ROBERT A & SUSAN M BAKER 31711THAVEW KIRKLAND WA 98033 97 DIAMOND JOEL 3161 ELLIOTT AVE DEPT 9005B SEATTLE WA 98121 98 DIETZ BLOG CO PO BOX 841 BREMERTON WA 98337 99 KPS HEALTH PLANS 400 WARREN AVE STE 450 BREMERTON WA 98337 100 BREMERTON PARTNERS LLC 4739 UNIVERSITY WAY NE STE 1607 SEATTLE WA 98105 101 PENDER JACOBY T & DURBIN ELAINE S 402 11TH ST BREMERTON WA 98337 102 SANDE EARL 0 & AMY BURNETT PO BOX 1341 BELFAIR WA 98528 103 WEBSTER LONNIE H II 403 11TH PL BREMERTON WA 98337 104 FARMER ERIC D & SHINO K 1602 NAVAL AVE UNIT 26 BREMERTON WA 98312 105 SOLLOM FAMILY LMTD PRTNRSHP PO BOX 2018 BREMERTON WA 98310 106 SHIMOGAWA LINDA F & EARL K PO BOX 6516 BELLEVUE WA 98008 107 MEDICAL DENTAL BUILDING INV GR LLC 7923 CALUMET DR NW BREMERTON WA 98312 108 Y W C A OF KITSAP COUNTY PO BOX 559 BREMERTON WA 98337 109 STOCKING BOSCO B & GERARDA TRUSTEES 392 S LIVERMORE AVE LIVERMORE CA 94550 110 BREMERTON CITY OF 239 FOURTH STREET BREMERTON WA 98310 111 AMERICAN NATIONAL RED CROSS PO BOX 499 BREMERTON WA 98337 112 Goldberg, Mark & Tiferet 510 LLC 1702 N 45th Seattle WA 98103 113 DYE EILEEN W 512 12TH ST BREMERTON WA 98310 114 BREMERTON CITY OF 515 SHELDON BLVD BREMERTON WA 98337 115 SCHEEL SCOTT C & TEAH A PO BOX 5378 BREMERTON WA 98312 116 FARRELL BERNICE 2820 ROCKY PT RD BREMERTON WA 98312 117 HOFFMAN KARlE A & CRAIG E 525 7TH ST BREMERTON WA 98337 118 BREMERTON EAGLES AERIE NO. 192 205 6TH ST BREMERTON WA 98337 119 PARKER DIANNE M 17271 E STATE ROUTE 106 BELFAIR WA 98528 120 FESSNER TERRY S & JANE F TRUSTEE 532 5TH ST BREMERTON WA 98337 Exhibit B-1 Ordinance No. List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME STR ADDR CITY STATE ZIP 121 WESTSOUND BANK 190 PACIFIC AVE BREMERTON WA 98337 122 PAULINO CARL G & SENOVIA R PO BOX 3362 SILVERDALE WA 98383 123 TROUT DENNIS B & SOONTHON 1008 CALYPSO CIRCLE NW SIL VERDALE WA 98383 124 BREMERTON WATERFRONT LLC 4038 NE 58TH ST SEATTLE WA 98105 125 SORIANO BROTHERS INV CO PO BOX 1433 BREMERTON WA 98337 126 DIAMOND PARKING INC 3161 ELLIOTT AVE SEATTLE WA 98121 127 BREMERTON SUN THE 545 5TH ST BREMERTON WA 98337 128 KKKKK CORPORATION PO BOX 3444 SEATTLE WA 98114 129 HUDSON JOSEPH J JR LORRAINE M 1740 4TH ST BREMERTON. WA 98337 130 KEIBURTZ STEVEN & DEMCO JOHN 600 PARK AVE BREMERTON WA 98337 131 BREMERTON CAPITAL GROUP LLC 1875 CENTRUY PARK E SUITE 700 LOS ANGELES CA 90067 132 TATE JOEY R 602 12TH ST BREMERTON WA 98337 133 FRIEDMAN PROPERTIES PO BOX 1993 EASTSOUND WA 98245 134 US Post Office (U S A IN TRUSn 602 Pacific Avenue BREMERTON WA 98337 135 RYAN MCHAEL T & MAR DELL 11182 SEABECK HWY NW SEABECK WA 98380 136 WILLIAMS NANCY E & PAINTER ERIK A 605 WASHINGTON AVE BREMERTON WA 98337 137 OVERTON CHRISTINE L & OTEY SHAWN D 606 HIGHLAND AVE BREMERTON WA 98310 138 WASHINGTON MUTUAL BANK 1301 2nd Ave WMC 2202 Seattle WA 98101 139 BREMERTON WATERFRONT LLC 4739 UNIVERSITY WAY NE 1607 SEATTLE WA 98105 140 FLETCHER WILLIAM & JEANETTE 610 HIGHLAND AVE BREMERTON WA 98337 141 SCHICKER SAM 1104 SCOTT BREMERTON WA 98310 142 QWEST (FORMERLY US WEST COMMUNICATIONS INC) 1801 CALIFORNIA SUITE 5200 DENVER CO 80202 143 Y W C A OF KITSAP CO PO BOX 559 BREMERTON WA 98337 144 SANDE EARL & BURNETT AMY PO BOX 1341 BELFAIR WA 98528 145 BOYLE TERRY 2623 TERRACE ST BREMERTON WA 98310 146 GOLDBERG MARK B & TZIVIAH V 612 12TH ST BREMERTON WA 98337 147 JEWELL RAYMOND W TRUSTEE 139 LOMA MEDIA RD SANTABARBARA CA 93103 148 CLARK WHITNEY 610 WARREN AVE BREMERTON WA 98337 149 ADRIAN JAMES & CECILIA 152 Sheridan Rd Bremerton WA 98310 150 MENCONI ROBERT M & NIKKI C 6194TH ST BREMERTON WA 98337 151 SORIANO HERRY L PO BOX 1433 BREMERTON WA 98337 152 KITSAP COMMUNITY CLINIC PO BOX 960 BREMERTON WA 98337 153 BAKKE DUANE A 616 HIGHLAND AVE BREMERTON WA 98310 154 ORQUIA JULlTO C & TESSIE N 616 PACIFIC AVE BREMERTON WA 98337 155 CARLSON WALTER M & VICKI S 617 HIGHLAND AVE BREMERTON WA 98337 156 STANDISH TERREASA M PO BOX 1455 BREMERTON WA 98337 157 KIEBURTZ STEVEN & DEMCO JOHN & CIVTAUT PATRICIA 600 PARK AVE BREMERTON WA 98337 158 BJORK WANDA J PO BOX 5356 BREMERTON WA 98312 159 GONZALEZ MANUEL & LUCINDA 621 HIGHLAND AVE BREMERTON WA 98337 160 ADRIAN JAMES 152 SHERIDAN RD BREMERTON WA 98310 Exhibit B-1 Ordinance No. List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME STR ADDR CITY STATE ZIP 161 CARLSON DONALD W & COLLEEN J 8230 KASTER DR NE BREMERTON WA 98311 162 SA TTERTHWAIT MARK 618 WARREN AVE BREMERTON WA 98337 163 GOULD STEVEN 4532 55TH AVE NE SEATTLE WA 98105 164 COMER JEFFERY E & ARLENE L 625 HIGHLAND BREMERTON WA 98337 165 TONGE LARRY R & JANICE E 307 SIDNEY AVE PORT ORCHARD WA 98366 166 ROLLMAN EDWARD R & PRANVERA M 626 HIGHLAND AVE BREMERTON WA 98337 167 DEETS CLIFF & BRANDY PO BOX 742 BREMERTON WA 98337 168 SCHWOCH LARRY POBox 1187 Silverdale WA 98383 169 TROXEL JASON G 627 WASHINGTON AVE BREMERTON WA 98337 170 RUIZ HARRIETT 22735 W COPPERHILL DR #7 SAUGUS CA 91350 171 SORIANO BROTHERS INVESTMENT CO PO BOX 1433 BREMERTON WA 98337 172 CONKLIN CHARLEE 630 HIGHLAND AVE BREMERTON WA 98337 173 KINNEY DOUGLAS W 630 PLEASANT AVE BREMERTON WA 98337 174 DEETS CLIFFORD & BRANDY 5721 AVENIDA SANCHEZ SAN DIEGO CA 92124 175 DAY GLENN A & TRINKA K 3447 SULPHUR SPRINGS LN NW BREMERTON WA 98310 176 NELSON SCOTT PO BOX 4016 BREMERTON WA 98312 177 CARPENTERS LOCAL NO 1597 632 5TH ST BREMERTON WA 98337 178 CABLE MICHAEL C&C 632 WASHINGTON ST BREMERTON WA 98310 179 SCHRODT M SHANE PO BOX 465 BREMERTON WA 98337 180 SMITH PROPERTIES LLC 9099 ROY RD NE BREMERTON WA 98311 181 KOTTE MICHAEL L & WANDA L 637 HIGHLAND AVE BREMERTON WA 98310 182 PLEASANT VIEW APARTMENTS LLC PO BOX 5526 BREMERTON WA 98312 183 JOHANSEN CHAN M PO BOX 706 BREMERTON WA 98337 184 STEPHENSON GARY V & GOSSETT NANCY W 16501 SE 57TH PL BELLEVUE WA 98006 185 SMITHHISLER DONALD & MONICA E PO BOX 1016 BREMERTON WA 98337 186 KELLEY DAVID C 644 PLEASANT AVE BREMERTON WA 98337 187 SIXTH & PARK AVE PARTNERSHIP PO BOX 9 PORT ORCHARD WA 98366 188 KERSTINGWM J 1220 BROADWAY BREMERTON WA 98337 189 GARLAND REX PO BOX 164 BREMERTON WA 98337 190 FAMILY TREE INVESTMENTS LLC 3828 LINCOLN WAY L YNNWOOD WA 98037 191 CUNNINGHAM FRANCES D PO BOX 1838 POULSBO WA 98370 192 HOFFMAN JOHN T 649 WASHINGTON AVE BREMERTON WA 98337 193 GRAVES D J 650 HIGHLAND AVE BREMERTON WA 98337 194 HILLAND CYNTHIA TRUSTEE PO BOX 341 POULSBO WA 98370 195 DAVIDSON GERALD & STARR VIRGINIA 652 HIGHLAND AVE BREMERTON WA 98337 196 BAXLEY DONALD B 653 PLEASANT AVE BREMERTON WA 98337 197 OBRIEN PATRICK D & HILLARY 2977 HOOVER AVE SE PORT ORCHARD WA 98366 198 LAUBACH MELISSA PO BOX 7074 TACOMA WA 98406 199 GOLOMBEK KLAUS 2505 E PHINNEY BAY PL BREMERTON WA 98312 200 SWANSON LYNN 655 PLEASANT AVE BREMERTON WA 98337 Exhibit B-1 Ordinance No. List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME STR ADDR CITY STATE ZIP 201 HOUSE MICHAEL J 609 BERTHA AVE BREMERTON WA 98312 202 LEIN RAY H 1210 BROADWAY BREMERTON WA 98337 203 SARGENT JOHN & T AMI 3118 CLASSIC AVE NE BREMERTON WA 98310 204 PACIFIC AVENUE PARTNERS LLC 3331 KITSAP WAY BREMERTON WA 98312 205 CITY OF BREMERTON 239 FOURTH ST BREMERTON WA 98337 206 LARGE DONALD A & CYNTHIA J PO BOX 275 BREMERTON WA 98337 207 WESLARINVESTMENTSLLC 7923 CALUMET DR NW BREMERTON WA 98312 208 LARGE DONALD & CYNTHIA PO BOX 275 BREMERTON WA 98337 209 CRAKER R A 623 TIMES AVE BREMERTON WA 98312 210 SORIANO LOUIS & JOAN 2119 E 17TH ST BREMERTON WA 98310 211 7-111NC 2711 N HASKELL AVE DALLAS TX 75204 212 CITY OF BREMERTON HOUSING AUTH 110 RUSSELL RD BREMERTON WA 98312 213 U S GOVERNMENT - Attn Rick Tift, Exec Dir PSNS Attn: Code 1100, 1400 FarraQut Avenue BREMERTON WA 98314 214 CARY JOHNNIE R 810 6TH ST BREMERTON WA 98337 215 AMERICAN NATIONAL RED CROSS PO BOX 499 BREMERTON WA 98337 216 OLSEN GLENDORA J 525 LEBO BLVD APT F5 BREMERTON WA 98310 217 PUNT MICHAEL E & ELIZABETH C 8156TH ST BREMERTON WA 98337 218 KSS PARTNERS LLC 816 PACIFIC AVE BREMERTON WA 98337 219 BRAENDLEIN WILLIAM 0 1836 SYCAMORE DR FAIRFIELD CA 94533 220 PACIFIC STATION LLC 320 PACIFIC AVE BREMERTON WA 98337 221 CAPPS MONICA P 818 6TH ST BREMERTON WA 98337 222 STIMAC TIMOTHY P PO BOX 214 BREMERTON WA 98337 223 STEINBERG THOMAS K 823 7TH ST BREMERTON WA 98310 224 ROSS CORNELIUS JR 2211 E HEMMI RD BELLINGHAM WA 98226 225 ALVARADO CHAD A & KRISTIN A 615 HIGH AVE BREMERTON WA 98337 226 WILSON GABRIEL A & HEIDI L 826 6TH ST BREMERTON WA 98337 227 Estate Of Hoffman Mariorie 0 827 6th Street Bremerton WA 98337 228 FELDSTEIN NANCY TRUSTEE 908 EDGEWATER BLVD FOSTER CITY CA 94404 229 CHVOSTAL ROBERT A 1703 18TH AVE SEATTLE WA 98122 230 PICKETT JAMES T & DEBORAH 743 WOODLAND CT NE BREMERTON WA 98310 231 SALVATION ARMY 111 QUEEN ANNE AVE N NO 300 SEATTLE WA 98109 232 SALVATION ARMY PO BOX 9219 SEATTLE WA 98109 233 KITSAP COMMUNITY RESOURCES 802 7TH ST BREMERTON WA 98337 234 JOHNSON JULIE M 512 9TH ST BREMERTON WA 98337 235 ANDERSON ERIC L & SANDRA 3046 MARINE DR BREMERTON WA 98312 236 DIAMOND PARKING INC DEPT G816A 3161 ELLIOTT AVE SEATTLE WA 98121 237 JUNG RAYMOND SOO 844 6TH ST BREMERTON WA 98337 238 KPS HEALTH PLANS PO BOX 339 BREMERTON WA 98337 239 SORIANO BONARI BETTY SUE 3006 CHERRY BREMERTON WA 98310 240 MOST WORSHIPFUL PRINCE HALL PO BOX 3285 SEATTLE WA 98114 Exhibit B-1 Ordinance No. List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME STR ADDR CITY STATE ZIP 241 KING ALETHEA ERNESTINE P 0 BX 543 BREMERTON WA 98337 242 ODA Y GEORGE E 6402 ST RT 3 SHELTON WA 68584 243 KITSAP BANK 619 Bav Street PORT ORCHARD WA 98366 244 SORIANO JERRY L P.O. Box 1433 Bremerton WA 98337 245 MASONIC TEMPLE ASSN 878 5TH ST BREMERTON WA 98337 246 COOPER DAVID & TERRY 4826 SE SLEEPY HOLLOW CT PORT ORCHARD WA 98366 247 OLSON TIMOTHY 0 & ANN 3083 ROCKY POINT RD BREMERTON WA 98312 248 HERDMAN JAMESG JR & DIANE 1824 S MARINE DR BREMERTON WA 98312 249 NAYLOR NANCY J PO BOX 968 CHIMACUM WA 98325 250 GOODMAN DONALD T PO BOX 4508 BREMERTON WA 98312 251 PERKINS GINGER K 3879 NW MUNSON ST SILVERDALE WA 98383 252 PRIEST STEPHEN F & WENDY L 904 HIGHLAND AVE BREMERTON WA 98337 253 HERDMAN JAMES G JR & DIANA 1824 S MARINE DR BREMERTON WA 98312 254 MATSON MARY L 907 HIGHLAND AVE BREMERTON WA 98337 255 BARRUS ANNIE L 908 HIGHLAND AVE BREMERTON WA 98337 256 KILIAN DONALD W 912 PLEASANT AVE BREMERTON WA 98337 257 MAYFIELD RICHARD B & SANDRA C 6722 SW OLD CLIFTON RD PORT ORCHARD WA 98367 258 RUCKER BRADLEY T 911 HIGHLAND AVE BREMERTON WA 98337 259 ROSARIO DWAYNE J & KAREN A 911 PACIFIC AVE BREMERTON WA 98337 260 MENTOR J P 9330 Silverdale Way NW Silverdale WA 98383 261 ROYER NELS J & BANFILL SALLY 912 HIGHLAND AVE BREMERTON WA 98337 262 LAWSON BARBARA J TRUSTEE 623 TIMES AVE BREMERTON WA 98312 263 KILIAN DONALD W 912 PLEASANT BREMERTON WA 98337 264 MECKSTROTH CHARLES ERIC 38811 CHARLESWORTH DR CATHEDRAL CITY CA 92234 265 ZEIGLER JUSTIN L 914 HIGHLAND Ave BREMERTON WA 98310 266 COBB VICTOR RAY 914 PLEASANT AVE BREMERTON WA 98337 267 HANSON LEE A 6318 CHICO WAY NW BREMERTON WA 98312 268 MORSE THOMAS A 915 PACIFIC AVE BREMERTON WA 98337 269 BREMER TRUST 400 WARREN AVE STE 450 BREMERTON WA 98337 270 NANCARROW NINA 5253 S FONTANELLE PL SEATTLE WA 98118 271 HOPKINS JAMES W 916 WASHINGTON AVE BREMERTON WA 98337 272 HARTL B C & JOST WM JR 918 PLEASANT AVE BREMERTON WA 98337 273 OSQUISA GREGORIO 0 919 PACIFIC AVE BREMERTON WA 98337 274 GRAY NATHAN 0 3105 E WASHINGTON ST PORT ORCHARD WA 98366 275 PAULSEN JANICE 3450 LAKEHURST DR NW BREMERTON WA 98312 276 BRATE DAVID P & FRANCES 0 PO BOX 313 BREMERTON WA 98337 277 CLAY L1L1 & SIMONETTI STEVEN & MARY 564 ANNIE LAURIE AVE 6 MOUNTAIN VIEW CA 94043 278 WHITE STEVEN M 920 WASHINGTON AVE BREMERTON WA 98310 279 HENKEL TIM A & ALAN B PO BOX 88 INDIANOLA WA 98342 280 BAKER DUANE & MARGARET TRUSTEES PO BOX 327 BREMERTON WA 98337 Exhibit B-1 Ordinance No. List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME STR ADDR CITY STATE ZIP 281 ALLEN COBURN 1542 N WYCOFF AVE BREMERTON WA 98312 282 STROHAUER DAVID G 4675 LAGUNA LN SE PORT ORCHARD WA 98366 283 ROBISON GREEN LLC 4181 WHEATON WAY NO 3 BREMERTON WA 98310 284 PHILLIPS PAUL F 2650 NW MOUNTAIN VIEW RD SIL VERDALE WA 98383 285 DURYEA ROGER & JUDITH PO BOX 582 BREMERTON WA 98337 286 KOTTRE GREGORY M 3663 SE GREENBRIAR PL PORT ORCHARD WA 98366 287 NORDSTROM BARBARA PO BOX 2867 BREMERTON WA 98310 288 TRUNNELL LEE & BROOKE PO BOX 1539 POULSBO WA 98370 -289 WARM BERT & VICTORIA ANN 24001 SE 243RD ST MAPLE VALLEY WA 98038 290 GLlVAR CARL J & SALLY M 2629 NE FERN GLEN RD POULSBO WA 98370 291 NELSON SCOTT L & KATHERINE A 2138 MADRONA PT DR BREMERTON WA 98312 292 RHOADS C & CUSH M J 938 CALLAHAN DR BREMERTON WA 98310 293 WHIPPLE RICHARD W PO BOX 187 TRACYTON WA 98393 294 LENDING CURTIS B & SCHRODT DOROTHY C PO BOX 288 BREMERTON WA 98337 295 KISTNER DAVID L 24000 SE 243RD ST MAPLE VALLEY WA 98038 296 GARLAND REX ALAN 191331 PO BOX 164 BREMERTON WA 98337 297 HALL FRANCES 933 PLEASANT AVE BREMERTON WA 98337 298 JOHNSTON HILDA 23411/2 ROOSEVELT ST BERKELEY CA 94703 299 JACOBSON LAURA K 935 HIGHLAND BREMERTON WA 98310 300 HALL FRANCES E 935 PLEASANT AVE BREMERTON WA 98337 301 WENWARD PROPERTIES LLC 216 6TH ST BREMERTON WA 98337 302 EDL BERNARD T 937 PLEASANT AVE BREMERTON WA 98310 303 OREILLY CATHLEEN 938 PLEASANT Ave BREMERTON WA 98337 304 REDDELL NOAH F 941 HIGHLAND AVE BREMERTON WA 98337 305 MCDOWELL DENNIS & LINDA PO BOX 297 TAHUYA WA 98588 306 GEGNER NORBERT 3040 PAWNEE DR BREMERTON WA 98310 307 BALDWIN DAVID D 946 WASHINGTON AVE BREMERTON WA 98310 308 PERKINS VERNON W & LEE M 2111 FORD AVE BREMERTON WA 98312 309 REDENBAUGH THOMAS E & BRENDA K 951 HIGHLAND AVE BREMERTON WA 98310 310 ALLEN JESSE S PO BOX 1788 SILVERDALE WA 98383 311 WEBER JAMES & MYRNA G PO BOX 1473 SILVERDALE WA 98383 312 PARINS ELIZABETH K 952 WASHINGTON AVE BREMERTON WA 98312 313 ERICKSON ERIC E & JENNIFER C 3423 NW PHINNEY BAY DR BREMERTON WA 98312 314 BURNETT AMY & SANDE EARL PO BOX 1341 BELFAIR WA 98528 315 LINDER DARIN K 958 HIGHLAND AVE BREMERTON WA 98310 316 URQUHART CECILE A 959 WASHINGTON AVE BREMERTON WA 98337 317 STATE DEPT OF TRANSPORTATION Attention Leonard Smith WSF 2911 2nd Avenue Seattle WA 98121-1012 318 ADMIRAL THEATRE FOUNDATION 515 PACIFIC AVE BREMERTON WA 98337 319 Catherine A. Heather PO BOX 3285 Indianola WA 98342 320 CITY OF BREMERTON 345 6TH STREET STE 600 BREMERTON WA 98337 Exhibit B-1 Ordinance No. List of Property Owners Mailed Notice of Public Hearing Mailing Address Per Kitsap County Assessor Data NAME STR ADDR CITY STATE ZIP ~21 EYTEL ENID 1126 COGEAN AVE BREMERTON WA 98337 322 KITSAP COUNTY CONSOLIDATED HOUSING AUTHORITY 9307 BA YSHORE DR NW SIL VERDALE WA 98383 323 KSP HEALTH PLANS PO BOX 339 BREMERTON WA 98337 324 SORIANO BROTHERS P.O. Box 1433 Bremerton WA 98337 325 STRICKLAND ROBERT D & SANDRA L 821 COACHMAN PL CLAYTON CA 94517 326 WOLFE EDWARD & MILES WENDY 216 6TH ST BREMERTON WA 98337 Exhibit B-1 Ordinance No. _ List of Public Hearing Notices Mailed to Site Address If Different from Kitsap County Assessor Data Mailing Address for Parcel NAME Master SITE ADDR SITE CITY SITE_ZIP 1 UNITED STATES OF AMERICA 101 PACIFIC AVE BREMERTON 98337 2 RYAN TIM PROPERTIES LP 102 PACIFIC AVE BREMERTON 98337 3 GOLDBERG MARK & TZIVIAH 110 11TH PL BREMERTON 98337 4 TIFERET ALAN MAR LLC 1102 HIGHLAND AVE BREMERTON 98337 5 LEE NORMAN JACK JR 1102 PLEASANT AVE BREMERTON 98337 6 STOCKING BOSCO & GERARDA 1104 PACIFIC AVE BREMERTON 98337 7 WYATT NICHOLAS D & JONES JOWHARA A 1109 HIGHLAND AVE BREMERTON 98337 8 GOLDBERG MAHK & TZIVIAH 1110 HIGHLAND AVE BREMERTON 98337 9 BRENNAN KATHLEEN M & HENKEL TIM A 1111 PLEASANT AVE BREMERTON 98337 10 NEWBERG ALAN & ELLEN J 1114 PACIFIC AVE BREMERTON 98337 11 FARR DAVID D 1116 HIGHLAND AVE BREMERTON 98337 12 PRESLAR DAVID 1117 PACIFIC AVE BREMERTON 98337 13 CARLIN ALEC & GOODING PAULA 1119 PACIFIC AVE BREMERTON 98337 14 COBB LOUIS A 1121 HIGHLAND AVE BREMERTON 98337 15 CRUVER CYNTHIA K & KYLE L 1127 HIGHLAND AVE BREMERTON 98337 16 MAJU RAWMAN & NEELAM R 1129 HIGHLAND AVE BREMERTON 98337 17 HIGHLAND AVE PARTNERSHIP 1134 HIGHLAND AVE BREMERTON 98337 18 COOK KEVIN D & PAULA R 1202 PACIFIC AVE BREMERTON 98337 19 EQUINOX EQUITIES 1204 PACIFIC AVE BREMERTON 98337 20 CLARK GLENDA R 1205 PACIFIC AVE BREMERTON 98337 21 GOODING PAULA & CARLIN ALEC 1206 PACIFIC AVE BREMERTON 98337 22 PIERCE EVAN & BLAND SUSAN 1209 MCKENZIE AVE BREMERTON 98337 23 HENKEL TIM A & BRENNAN KAHTLEEN M 1210 MCKENZIE AVE BREMERTON 98337 24 JAENICKE ROBERT H & PENNY L 1210 PACIFIC AVE BREMERTON 98337 25 PIERCE EVAN 1211 MCKENZIE AVE BREMERTON 98337 26 BUNDY BLANCHE S L 1211 PACIFIC AVE BREMERTON 98337 27 CRUVER KYLE L & CYNTHIA K 1215 MCKENZIE AVE BREMERTON 98337 28 TIFERET LLC 1217 SHELDON BLVD BREMERTON 98337 29 TIFERET LLC 1222 SHELDON BLVD BREMERTON 98338 30 CHEVRON TEXACO 1310 HIGHLAND AVE BREMERTON 98337 31 LAWRENCE LISA M 1310 PARK AVE BREMERTON 98337 32 WALLACE DUNCAN IV 1312 PARK AVE BREMERTON 98337 33 COOPER DAVID A 1316 PARK AVE BREMERTON 98337 34 BENNETT JAMES W 1317 Sheldon Blvd BREMERTON 98337 35 BREMERTON CITY OF 1333 SHELDON BLVD BREMERTON 98337 36 BENNETT JAMES W 1818 Park Avenue BREMERTON 98337 Exhibit B-1 Ordinance No._ List of Public Hearing Notices Mailed to Site Address If Different from Kitsap County Assessor Data Mailing Address for Parcel NAME Master SITE_ADDR SITE_CITY SITE ZIP 37 Seaside Church 1819 Park Avenue BREMERTON 98337 38 WESTSOUND BANK 190 PACIFIC AVE BREMERTON 98337 39 L1MANTZAKIS PROPERTIES NO 2 2081ST ST BREMERTON 98337 40 GAHLHOFF SONIA L & WHITNEY ROBERT L 208 5TH ST BREMERTON 98337 41 SURPRISE HOLDINGS LLC 209 9TH ST BREMERTON 98337 42 T & B HOLDINGS LLC 2156TH ST BREMERTON 98337 43 LAINE PROPERTY MANAGEMENT 226 BURWELL ST BREMERTON 98337 44 WEIR LOUIS J 230 4TH ST BREMERTON 98337 45 BEAUDRY RICHARD 233 5TH ST BREMERTON 98337 46 ROBINSON JAMES 236 5TH ST BREMERTON 98337 47 HANFORD FRANCES M & DANA B 237 6TH ST BREMERTON 98337 48 HARBORVIEW PACIFIC LLC 244 BURWELL ST BREMERTON 98310 49 CARTWRIGHT EUGENE P & ANNA M 256 BURWELL ST BREMERTON 98310 50 RICE FERGUS ARCHITECTS 260 4TH ST BREMERTON 98337 51 CALVARY CHAPEL OF BREMERTON 268 4TH ST BREMERTON 98310 52 KITSAP CO CONS HOUSING AUTH 280 WASHINGTON AVE BREMERTON 98337 53 BREMERTON HOUSING LP & CATHOLIC COMMUNITY SERVICE 285 5TH ST BREMERTON 98310 54 JOHNSTON HILDA C 30113TH ST BREMERTON 98337 55 NAVY YARD INVCO 301 PACIFIC AVE BREMERTON 98337 56 KITSAP MENTAL HEALTH SER 304 11TH PL BREMERTON 98337 57 HERMAN ROBERT A & SUSAN M BAKER 307 11TH PL BREMERTON 98337 58 DIAMOND JOEL 315 WASHINGTON AVE BREMERTON 98337 59 KPS HEAL TH PLANS 400 WARREN AVE BREMERTON 98337 60 SANDE EARL 0 & AMY BURNETT 402 PACIFIC AVE BREMERTON 98337 61 FARMER ERIC 0 & SHINO K 409 11TH ST BREMERTON 98310 62 SOLLOM FAMILY LMTD PRTNRSHP 410 6TH ST BREMERTON 98337 63 SHIMOGAWA LINDA F & EARL K 41511TH PL BREMERTON 98337 64 Y W C A OF KITSAP COUNTY 506 9TH ST BREMERTON 98337 65 STOCKING BOSCO B & GERARDA TRUSTEES 507 12TH ST BREMERTON 98337 66 BREMERTON CITY OF 507 PARK AVE BREMERTON 98337 67 AMERICAN NATIONAL RED CROSS 508 8TH ST BREMERTON 98337 68 Goldbero, Mark & Tiferet 510 LLC 510 WASHINGTON AVE BREMERTON 98337 69 SCHEEL SCOTT C & TEAH A 523 7TH ST BREMERTON 98337 70 FARRELL BERNICE 525 5TH ST BREMERTON 98337 71 BREMERTON EAGLES AERIE NO, 192 525 WASHINGTON AVE BREMERTON 98337 72 PARKER DIANNE M 530 5TH ST BREMERTON 98337 Exhibit B-1 Ordinance No,_ List of Public Hearing Notices Mailed to Site Address If Different from Kitsap County Assessor Data Mailing Address for Parcel NAME Master SITE ADDR SITE CITY SITE ZIP 73 WESTSOUND BANK 532 6TH ST BREMERTON 98337 74 PAULINO CARL G & SENOVIA R 535 6TH ST BREMERTON 98337 75 BREMERTON WATERFRONT LLC 536 WASHINGTON AVE BREMERTON 98337 76 SORIANO BROTHERS INV CO 538 BURWELL ST BREMERTON 98310 77 DIAMOND PARKING INC 540 6TH ST BREMERTON 98337 78 KKKKK CORPORATION 545 6TH ST BREMERTON 98337 79 HUDSON JOSEPH J JR LORRAINE M 547 4TH ST BREMERTON 98310 80 BREMERTON CAPITAL GROUP LLC 601 HIGHLAND AVE BREMERTON 98337 81 RYAN MCHAEL T & MARDELL 605 6TH ST BREMERTON 98337 82 WASHINGTON MUTUAL BANK 608 PLEASANT AVE BREMERTON 98337 83 BREMERTON WATERFRONT LLC 608 WASHINGTON AVE BREMERTON 98337 84 SCHICKER SAM 6114TH ST BREMERTON 98310 85 QWEST (FORMERLY US WEST COMMUNICATIONS INC) 611 6TH ST BREMERTON 98337 86 YWCAOF KITSAPCO 611 HIGHLAND AVE BREMERTON 98337 87 SANDE EARL & BURNETT AMY 611 PARK AVE BREMERTON 98337 88 BOYLE TERRY 611 WASHINGTON AVE BREMERTON 98337 89 JEWELL RAYMOND W TRUSTEE 612 PLEASANT AVE BREMERTON 98337 90 CLARK WHITNEY 612 WARREN AVE BREMERTON 98337 91 ADRIAN JAMES & CECILIA 614 HIGHLAND AVE BREMERTON 98337 92 MENCONI ROBERT M & NIKKI C 615 4TH ST BREMERTON 98337 93 SORIANO HERRY L 615 PARK AVE BREMERTON 98337 94 STANDISH TERREASA M 618 WASHINGTON AVE BREMERTON 98337 95 BJORK WANDA J 621 4TH ST BREMERTON 98310 96 ADRIAN JAMES 621 WASHINGTON ST BREMERTON 98337 97 CARLSON DONALD W & COLLEEN J 622 Highland Avenue BREMERTON 98337 98 SATTERTHWAIT MARK 622 WARREN AVE BREMERTON 98337 99 GOULD STEVEN 622 WASHINGTON AVE BREMERTON 98337 100 TONGE LARRY R & JANICE E 626 BURWELL ST BREMERTON 98337 101 DEETS CLIFF & BRANDY 626 WASHINGTON ST BREMERTON 98337 102 SCHWOCH LARRY 627 HIGHLAND AVE BREMERTON 98337 103 RUIZ HARRIETT 629 PLEASANT AVE BREMERTON 98337 104 SORIANO BROTHERS INVESTMENT CO 630 BURWELL ST BREMERTON 98337 105 DEETS CLIFFORD & BRANDY 630 WASHINGTON AVE BREMERTON 98337 106 DAY GLENN A & TRINKA K 631 HIGHLAND AVE BREMERTON 98337 107 NELSON SCOTT 631 PLEASANT AVE BREMERTON 98337 108 SCHRODT M SHANE 634 HIGHLAND AVE BREMERTON 98337 Exhibit B-1 Ordinance No._ List of Public Hearing Notices Mailed to Site Address If Different from Kitsap County Assessor Data Mailing Address for Parcel NAME Master SITE ADDR SITE CITY SITE ZIP 109 SMITH PROPERTIES LLC 636 PLEASANT AVE BREMERTON 98337 110 KOTTE MICHAEL L & WANDA L 637 HIGHLAND AVE BREMERTON 98337 111 PLEASANT VIEW APARTMENTS LLC 637 PLEASANT AVE BREMERTON 98337 112 JOHANSEN CHAN M 640 PLEASANT AVE BREMERTON 98337 113 STEPHENSON GARY V & GOSSETT NANCY W 642 WASHINGTON AVE BREMERTON 98337 114 SMITHHISLER DONALD & MONICA E 643 HIGHLAND AVE BREMERTON 98337 11.5 SIXTH & PARK AVE PARTNERSHIP 645 6th Street BREMERTON 98337 116 KERSTING WM J 645 HIGHLAND AVE BREMERTON 98337 117 GARLAND REX 646 BURWELL ST BREMERTON 98337 118 FAMILY TREE INVESTMENTS LLC 646 WASHINGTON AVE BREMERTON 98337 119 CUNNINGHAM FRANCES 0 648 PLEASANT AVE BREMERTON 98337 120 HILLAND CYNTHIA TRUSTEE 650 WASHINGTON AVE BREMERTON 98337 121 OBRIEN PATRICK D & HILLARY 654 HIGHLAND AVE BREMERTON 98337 122 LAUBACH MELISSA 654 PLEASANT AVE BREMERTON 98337 123 GOLOMBEK KLAUS 655 6TH ST BREMERTON 98337 124 HOUSE MICHAEL J 655 WASHINGTON AVE BREMERTON 98337 125 LEIN RAY H 657 PLEASANT AVE BREMERTON 98337 126 SARGENT JOHN & TAMI 658 HIGHLAND AVE BREMERTON 98337 127 PACIFIC AVENUE PARTNERS LLC 661 PLEASANT AVE BREMERTON 98337 128 CITY OF BREMERTON 699 4TH ST BREMERTON 98337 129 LARGE DONALD & CYNTHIA 708 PACIFIC AVE BREMERTON 98337 130 ORAKER R A 715 PACIFIC AVE BREMERTON 98337 131 SORIANO LOUIS & JOAN 801 6TH ST BREMERTON 98337 132 7-11 INC 802 6TH ST BREMERTON 98337 133 CITY OF BREMERTON HOUSING AUTH 8078TH ST BREMERTON 98337 134 U S GOVERNMENT - Attn Rick Tift, Exec Dir PSNS 808 BURWELL ST BREMERTON 98337 135 AMERICAN NATINOAL RED CROSS 811 PACIFIC AVE BREMERTON 98337 136 BRAENDLEIN WILLIAM D 817 7TH ST BREMERTON 98337 137 PACIFIC STATION LLC 817 PACIFIC AVE BREMERTON 98337 138 CAPPS MONICA P 819 7TH ST BREMERTON 98337 139 STIMAC TIMOTHY P 821 7TH ST BREMERTON 98337 140 ROSS CORNELIUS JR 824 6th Street BREMERTON 98337 141 ALVARADO CHAD A & KRISTIN A 825 PACIFIC AVE BREMERTON 98337 142 FELDSTEIN NANCY TRUSTEE 827 7TH ST BREMERTON 98337 143 CHVOST AL ROBERT A 827 PACIFIC AVE BREMERTON 98337 144 PICKETT JAMES T & DEBORAH 829 7TH ST BREMERTON 98337 Exhibit B-1 Ordinance No,_ List of Public Hearing Notices Mailed to Site Address If Different from Kitsap County Assessor Data Mailing Address for Parcel NAME Master SITE ADDR SITE CITY SITE ZIP 145 SALVATION ARMY 832 6TH ST BREMERTON 98337 146 SALVATION ARMY 833 7TH ST BREMERTON 98337 147 KITSAP COMMUNITY RESOURCES 833 8TH ST BREMERTON 98337 148 JOHNSON JULIE M 833 PACIFIC AVE BREMERTON 98337 149 ANDERSON ERIC L & SANDRA 837 5TH ST BREMERTON 98337 150 DIAMOND PARKING INC DEPT 0816A 8436TH ST BREMERTON 98337 151 KPS HEALTH PLANS 846 5TH ST BREMERTON 98337 152 SORIANO BONARI BETTY SUE 849 5TH ST BREMERTON 98337 153 MOST WORSHIPFUL PRINCE HALL 850 BURWELL ST BREMERTON 98337 154 KING ALETHEA ERNESTINE 862 BURWELL ST BREMERTON 98337 155 ODAY GEORGE 870 BURWELL ST BREMERTON 98337 156 KITSAP BANK 873 6TH ST BREMERTON 98337 157 SORIANO JERRY L 875 5TH ST BREMERTON 98337 158 COOPER DAVID & TERRY 880 BURWELL ST BREMERTON 98337 159 HERDMAN JAMES G JR & DIANE 902 PLEASANT AVE BREMERTON 98337 160 NAYLOR NANCY J 902 WASHINGTON AVE BREMERTON 98337 161 GOODMAN DONALD T 903 HIGHLAND AVE BREMERTON 98337 162 PERKINS GINGER K 903 PLEASANT AVE BREMERTON 98337 163 HERDMAN JAMES G JR & DIANA 906 PLEASANT AVE BREMERTON 98337 164 KILIAN DONALD W 908 PLEASANT AVE BREMERTON 98310 165 MAYFIELD RICHARD B & SANDRA C 909 PACIFIC AVE BREMERTON 98337 166 MENTOR J P 911 PLEASANT AVE BREMERTON 98337 167 LAWSON BARBARA J TRUSTEE 912 PACIFIC AVE BREMERTON 98337 168 MECKSTROTH CHARLES ERIC 912 WASHINGTON AVE BREMERTON 98337 169 HANSON LEE A 915 HIGHLAND AVE BREMERTON 98337 170 BREMER TRUST 915 PLEASANT AVE BREMERTON 98337 171 NANCARROW NINA 916 PACIFIC AVE BREMERTON 98337 172 GRAY NATHAN D 919 PLEASANT AVE BREMERTON 98337 173 PAULSEN JANICE 920 HIGHLAND AVE BREMERTON 98337 174 BRATE DAVID P & FRANCES D 920 PACIFIC AVE BREMERTON 98337 175 CLAY 1I11 & SIMONETTI STEVEN & MARY 920 PLEASANT AVE BREMERTON 98337 176 HENKEL TIM A & ALAN B 921 HIGHLAND AVE BREMERTON 98337 177 BAKER DUANE & MARGARET TRUSTEES 922 HIGHLAND AVE BREMERTON 98337 178 ALLEN COBURN 922 PLEASANT AVE BREMERTON 98337 179 STROHAUER DAVID G 923 PLEASANT AVE BREMERTON 98337 180 ROBISON GREEN LLC 924 PACIFIC AVE BREMERTON 98337 Exhibit B-1 Ordinance No._ List of Public Hearing Notices Mailed to Site Address If Different from Kitsap County Assessor Data Mailing Address for Parcel NAME Master SITE AD DR SITE CITY SITE ZIP 181 PHILLIPS PAUL F 925 HIGHLAND AVE BREMERTON 98337 182 DURYEA ROGER & JUDITH 925 PACIFIC AVE BREMERTON 98337 183 KOTTRE GREGORY M 925 PLEASANT AVE BREMERTON 98337 184 NORDSTROM BARBARA 926 HIGHLAND AVE BREMERTON 98337 185 TRUNNELL LEE & BROOKE 926 PLEASANT AVE BREMERTON 98337 186 WARM BERT & VICTORIA ANN 927 HIGHLAND AVE BREMERTON 98337 187 GUVAR CARL J & SALLY M 927 PLEASANT AVE BREMERTON 98337 188 NELSON SCOTT L & KATHERINE A 928 PLEASANT AVE BREMERTON 98337 189 RHOADS C & CUSH M J 929 PACIFIC AVE BREMERTON 98337 190 WHIPPLE RICHARD W 929 PLEASANT AVE BREMERTON 98337 191 LENDING CURTIS B & SCHRODT DOROTHY C 930 WASHINGTON AVE BREMERTON 98337 192 KISTNER DAVID L 931 HIGHLAND AVE BREMERTON 98337 193 GARLAND REX ALAN 191331 933 HIGHLAND AVE BREMERTON 98337 194 JOHNSTON HILDA 934 PLEASANT AVE BREMERTON 98337 195 WENWARD PROPERTIES LLC 936 HIGHLAND AVE BREMERTON 98337 196 MCDOWELL DENNIS & LINDA 941 PLEASANT AVE BREMERTON 98337 197 GEGNER NORBERT 944 WASHINGTON AVE BREMERTON 98310 198 PERKINS VERNON W & LEE M 949 WASHINGTON AVE BREMERTON 98337 199 ALLEN JESSE S 951 PLEASANT AVE BREMERTON 98337 200 WEBER JAMES & MYRNA G 952 HIGHLAND AVE BREMERTON 98337 201 ERICKSON ERIC E & JENNIFER C 955 HIGHLAND AVE BREMERTON 98337 202 BURNETT AMY & SANDE EARL 956 WASHINGTON AVE BREMERTON 98310 Exhibit B-1 Ordinance No._ List of Business Owners and Community Based Organizations Mailed Notice of Public Hearing Mailed to the Property Address NAME SITE ADDR SITE CITY Site State SITE ZIP 1 AM WEEFOKE EMPIRE 6194TH ST BREMERTON WA 98337 2 ADMIRAL THEATRE 515 PACIFIC AVE BREMERTON WA 98337 3 ADVANTAGES COUNSELING 645 4TH ST#2o.1 BREMERTON WA 98337 4 AFFINITY MASSAGE THERAPIES 532 5TH ST BREMERTON WA 98337 5 AGENCY INSURANCE CENTER LLC 532 5TH ST #11 BREMERTON WA 98337 6 ALOHA SPA, THERAPY AND MASSAGE 865 6TH ST #390. BREMERTON WA 98337 7 AL TA VISTA INC 2454TH ST STE 30.3 BREMERTON WA 98337 8 AMERICAN FINANCIAL SOLUTIONS 263 4TH ST BREMERTON WA 98337 9 AMERICAN MARITIME INTL INC 820. PACIFIC AVE BREMERTON WA 98337 10. AMERI-FORCE CRAFT SERVICES INC 421 PARK AVE BREMERTON WA 98337 11 AMY BURNETT GALLERY 2964TH ST BREMERTON WA 98337 12 ANDERSON, RONALD E ATTY AT LAW 645 4TH ST#2o.5 BREMERTON WA 98337 13 ANGELA P INC 532 5TH ST #1 BREMERTON WA 98337 14 ANIMALS FIRST 938 PLEASANT AVE BREMERTON WA 98337 15 ANTHONY'S 20. WASHINGTON AVE BREMERTON WA 98337 16 ANYWHERE CPR CO, THE 935 PLEASANT AVE BREMERTON WA 98337 17 ARK, THE 110.7 PACIFIC AVE BREMERTON WA 98337 18 ART ANDERSON ASSOCIATES INC 20.2 PACIFIC AVE BREMERTON WA 98337 19 ARTICSTAR STUDIO 650. PLEASANT AVE BREMERTON WA 98337 20. BADDA BOOM BADDA BING 315 PACIFIC AVE BREMERTON WA 98337 21 BALL & TREGER CPA'S 40.0. WARREN AVE STE 430. BREMERTON WA 98337 22 BELL-ANDERSON AGENCY INC 70.7 PACIFIC AVE BREMERTON WA 98337 23 BELLlSSIMA HOME CLEANING SERVICE 651-A HIGHLAND AVE BREMERTON WA 98337 24 BLACK HISTORICAL SOCIETY OF 120.4 PARK AVE BREMERTON WA 98337 25 BODY UTOPIA 546 4TH ST BREMERTON WA 98337 26 BOSTONS 20.6 BURWELL BREMERTON WA 98337 27 BRA TRUD MIDDLETON INSURANCE 60. WASHINGTON AVE #390. BREMERTON WA 98337 28 BREM AREA CHAMBER OF COMMERCE 286 4TH ST BREMERTON WA 98337 29 BREMERTON MAIN STREAM ASSOC 245 4TH ST#2o.1 BREMERTON WA 98337 30. BREMERTON NAVAL MUSEUM 2511ST ST BREMERTON WA 98337 31 BREMERTON OFFICE MACHINE CO 245 4TH ST #50.2 BREMERTON WA 98337 32 BREMERTON PATRIOT 520. BURWELL ST BREMERTON WA 98337 33 BREMERTON PRINTING 816 PACIFIC AVE BREMERTON WA 98337 34 BREMERTON SYMPHONY ASSOCIATION 532 5TH ST #16 BREMERTON WA 98337 35 BRINKERHOFF APPLIANCE 533 4TH ST BREMERTON WA 98337 36 B'TOWNE ASSOCIATES UNLIMITED 212 SIXTH ST BREMERTON WA 98337 Exhibit B-2 Ordinance No._ List of Business Owners and Community Based Organizations Mailed Notice of Public Hearing Mailed to the Property Address NAME SITE ADDR SITE CITY Site State SITE ZIP 37 BUDGET BATTERIES 8934TH ST BREMERTo.N WA 98337 38 CACI ENTERPRISE So.LUTlo.NS 400 WARREN AVE. STE 100 BREMERTo.N WA 98337 39 CALVARY KIDS 252 4TH ST BREMERTo.N WA 98337 40 CAP & Co.MPANY HAIR DESIGN 5464TH STREET BREMERTo.N WA 98337 41 CDI MARINE Co. 510 WASHINGTo.N AVE #20C BREMERTo.N WA 98337 42 CHERYL'S CUSTo.M FRAMING 5154TH ST BREMERTo.N WA 98337 43 CHILDREN FIRST Mo.NTESSo.RI SCHo.OL 1318 PARK AVE BREMERTo.N WA 98337 44 CHREY JEWELER INC. 320 PACIFIC AVE BREMERTo.N WA 98337 45 CJ'S FILIPINO. CUISINE 705 PACIFIC AVE BREMERTo.N WA 98337 46 Co.FFEE o.ASIS, THE 822 BURWELL ST BREMERTo.N WA 98337 47 Co.LD STo.NE CREAMERY #567 50 WASHINGTo.N AVE BREMERTo.N WA 98337 48 Co.LLECTIVE VISlo.NS GALLERY 331 PACIFIC AVE BREMERTo.N WA 98337 49 Co.MBS, GRETA 532 5TH ST STE 1 BREMERTo.N WA 98337 50 Co.MMUNITY FRAMEWo.RKS 409 PACIFIC AVE #303 BREMERTo.N WA 98337 51 Co.RA'S DINER 602 Fo.URTH STREET BREMERTo.N WA 98337 52 Co.RNERSTo.NE Co.FFEE 435 PACIFIC AVE BREMERTo.N WA 98337 53 Co.RPo.RATE IMAGE DESIGNI 322 PACIFIC AVE BREMERTo.N WA 98337 54 Co.UNTRYWIDE Ho.ME Lo.ANS INC 620 PARK AVE BREMERTo.N WA 98337 55 Co.WPUNCHERS LLC 2474TH ST BREMERTo.N WA 98337 56 CUNA MUTUAL LIFE INSURANCE Co. 610 WARREN AVE BREMERTo.N WA 98337 57 D'ABo.Y CAREER Ho.RIZo.NS 843 6TH ST #100 BREMERTo.N WA 98337 58 DAISY'S FISH/CHIPSITERIYAKI EXPRESS 109 WASHINGTo.N AVE BREMERTo.N WA 98337 59 DIAMo.ND PARKING 843 6TH ST STE 230 BREMERTo.N WA 98337 60 DIAMo.ND PARKING SERVICES LLC 843 6TH ST #120 BREMERTo.N WA 98337 61 DIMENSIo.N4 INC 423 PACIFIC AVE BREMERTo.N WA 98337 62 Do.CKSIDE TREASURES 107 WASHINGTo.N AVE BREMERTo.N WA 98337 63 Do.UG Fo.X TRAVEL 409 PACIFIC AVE STE 202 BREMERTo.N WA 98337 64 Do.WNTo.WN BREMERTo.N ASSo.CIATlo.N 6064TH ST BREMERTo.N WA 98337 65 DRIFT INN INC 2041ST ST BREMERTo.N WA 98337 66 EL Co.RAL MEXICAN RESTAURANT 536 4TH ST BREMERTo.N WA 98337 67 ELDER AND ADULT DAY SERVICES 646 5TH ST STE 1 BREMERTo.N WA 98337 68 ENVIE 5114TH ST BREMERTo.N WA 98310 69 ESSENTIAL SURVEYS 911 HIGHLAND AVE BREMERTo.N WA 98337 70 EVERGREEN CHILDREN'S THEATRE 257 4TH ST BREMERTo.N WA 98337 71 EVERGREEN TRo.PHIES 545 4TH ST BREMERTo.N WA 98337 72 EVERGREEN UPHo.LSTERY & RUG Co. 238 BURWELL ST BREMERTo.N WA 98337 Exhibit B-2 o.rdinance No._ List of Business Owners and Community Based Organizations Mailed Notice of Public Hearing Mailed to the Property Address NAME SITE ADDR SITE CITY Site State SITE ZIP 73 FLOWERS D'AMOUR 606 6TH ST BREMERTON WA 98337 74 FRAICHE CUP 105 WASHINGTON AVE BREMERTON WA 98337 75 FRATERNAL ORDER OF EAGLES 205 6TH ST BREMERTON WA 98337 76 FRITZ EUROPEAN FRY HOUSE 94 WASHINGTON AVE BREMERTON WA 98337 77 FRONTLINE STAFFING SERVICES 646 5TH ST BREMERTON WA 98337 78 FROSTY'S SANDWICHES 701 PACIFIC AVE BREMERTON WA 98337 79 FRY, DARRELL W., CPA INC PS 400 WARREN AVE STE 412 BREMERTON WA 98337 80 GALLERY AT THE 400 400 WASHINGTON AVE BREMERTON WA 98337 81 GILMORE RESEARCH GROUP, THE 524-530 4TH ST BREMERTON WA 98337 82 GLISSON & WITT INC PS 400 WARREN AVE STE 415 BREMERTON WA 98337 83 GOODIES 409 PACIFIC AVE BREMERTON WA 98337 84 HABLUTZEL, ALLAN L, DDS 820 PACIFIC AVE #204 BREMERTON WA 98337 85 HACKETT, WALTER M JR 509 4TH ST #9 BREMERTON WA 98337 86 HAIR 517 4TH ST BREMERTON WA 98337 87 HAMPTON INN & SUITES BREMERTON 150 WASHINGTON AVE N BREMERTON WA 98337 88 HAPPY FAMILY TERIYAKI 844 6TH ST BREMERTON WA 98337 89 HARBORSIDE COMMONS LLC 234 PACIFIC AVE BREMERTON WA 98337 90 HARBORSIDE MARKET LLC 40 WASHINGTON AVE BREMERTON WA 98337 91 HUMBLE PIE CATERING & CAFE 853 6TH ST BREMERTON WA 98337 92 INLET AUTOMOTIVE ENTERPRISE 815 6TH ST BREMERTON WA 98337 93 ISELLA DAY SPA LLC 509 4TH ST/MEZZANINE BREMERTON WA 98337 94 ISH VINTAGE CLOTHING & COSTUMES 249 4TH ST BREMERTON WA 98337 95 JEWELRY APPRAISER, THE 320 PACIFIC AVE BREMERTON WA 98337 96 KITSAP BANK - PARK AVE 550 PARK AVE BREMERTON WA 98337 97 KITSAP COMMUNITY RESOURCES 845 8TH ST/PERRY MALL #1 BREMERTON WA 98337 98 KITSAP COUNTY COMMUNITY 345 6TH ST STE 567 BREMERTON WA 98337 99 KITSAP COUNTY HISTORICAL SOCIETY 280 4TH ST BREMERTON WA 98337 100 KITSAP COUNTY NBMTC ALLOCATEE SIX LLC 345 6TH ST #500 BREMERTON WA 98383 101 KITSAP COUNTY NMTC 345 6TH ST STE 500 BREMERTON WA 98337 102 KITSAP COUNTY NMTC ALLOCATEE FIVE LLC 345 6TH ST #500 BREMERTON WA 98337 103 KITSAP COUNTY NMTC ALLOCATEE FOUR LLC 345 6TH ST #500 BREMERTON WA 98337 104 KITSAP COUNTY NMTC FACILITATORS I LLC 345 6TH ST #500 BREMERTON WA 98337 105 KITSAP COUNTY NMTC SUBSIDIARY 345 6TH ST STE 500 BREMERTON WA 98337 106 KITSAP FERRY COMPANY LLC 10 WASHINGTON AVE BREMERTON WA 98337 107 LOUN, RANDY W 509 4TH ST STE 6 BREMERTON WA 98337 108 MACLAREN FARMERS INSURANCE GROUP 1224 PARK AVE BREMERTON WA 98337 Exhibit B-2 Ordinance No._ List of Business Owners and Community Based Organizations Mailed Notice of Public Hearing Mailed to the Property Address NAME SITE ADDR SITE CITY Site State SITE ZIP 109 MANTECH SYSTEMS ENG CORP 645 4TH ST #202 BREMERTON WA 98337 110 MARATHON DEVELOPMENT 409 PACIFIC AVE #301 BREMERTON WA 98337 111 MARINE OUTFITTING 532 5TH ST STE 21 BREMERTON WA 98337 112 MONICA T PUDWILL SOCIAL CLUB 818 6TH ST BREMERTON WA 98337 113 NEW DELHI RESTAURANT 221 WASHINGTON AVE BREMERTON WA 98337 114 NORTHWEST BOAT RENTALS 300 WASHINGTON AVE BREMERTON WA 98337 115 NORTHWEST RADIO & TV 1222 PARK AVE BREMERTON WA 98337 116 NOVAPRO RISK SOLUTIONS LP 400 WARREN AVE #308 BREMERTON WA 98337 117 OLSENS SHEET METAL 813 6TH ST BREMERTON WA 98337 118 ORIENTAL FOOD & GIFTS 845 6TH ST BREMERTON WA 98337 119 PARK AVENUE DINER 417 PARK AVE BREMERTON WA 98337 120 PATHWAYS TO EMPLOYMENT LLC 865 6TH ST #370 & 380 BREMERTON WA 98337 121 PEACHLEAF MASSAGE AND SPA 509 4TH STREET BREMERTQN WA 98337 122 PENINSULA COMMUNITY 616 6TH ST BREMERTON WA 98337 123 PIED PIPER'S EMPORIUM 816 PACIFIC AVE BREMERTON WA 98337 124 PIP PRINTINGITCAL CORP 711 PACIFIC AVE BREMERTON WA 98337 125 PLOY STUDIOS 609 4TH ST BREMERTON WA 98337 126 PRACHYL, PAUL, PHD,CRC 865 6TH ST STE 320 BREMERTON WA 98337 127 PRIMELENDING 500 PACIFIC AVE #501 BREMERTON WA 98337 128 PSYCHIATRIC SERVICES 843 6TH ST #230/240 BREMERTON WA 98337 129 PUGET SOUND BOX & SHIPPING LLC 40 WASHINGTON AVE BREMERTON WA 98337 130 PUGET SOUND ENVIRONMENTAL CORP 509 4TH ST SUITE #43 BREMERTON WA 98312 131 RAINIER CASE MANAGEMENT INC 851 6TH ST #155 BREMERTON WA 98337 132 RENA 717 PACIFIC AVE BREMERTON WA 98337 133 RESIDENTIAL APPRAISAL GROUP 820 PACIFIC AVE #202 BREMERTON WA 98337 134 RESOLUTIONS 509 4TH ST #1 BREMERTON WA 98337 135 SARI-SARI STORE FOOD MART 616 PACIFIC AVE BREMERTON WA 98337 136 SECOND PARK LOUNGE AND CAFE 1223 MCKENZIE BREMERTON WA 98337 137 SIMPLY RENEWED INC 408 PACIFIC AVE BREMERTON WA 98337 138 SMILEY'S SUBS 326 PACIFIC AVE BREMERTON WA 98337 139 SOLE JOURNEY 509 4TH ST BREMERTON WA 98337 140 SORIANO AND SORIANO 509 4TH ST BREMERTON WA 98337 141 SOUTH PACIFIC SPORTS BAR 218 1ST ST BREMERTON WA 98337 142 SPATIAL INTEGRATED SYSTEMS INC 409 PACIFIC AVE #213 BREMERTON WA 98337 143 ST ARBUCKS COFFEE #8847 100 WASHINGTON AVE BREMERTON WA 98337 144 STUDIO 30 296 FOURTH STREET BREMERTON WA 98337 Exhibit B-2 Ordinance No._ List of Business Owners and Community Based Organizations Mailed Notice of Public Hearing Mailed to the Property Address NAME SITE ADDR SITE CITY Site State SITE 41P 145 SUBWAY #619!B&W SUB INC 100 WASHINGTON AVE #13C BREMERTON WA 98337 146 SYSTEMS RESEARCH/APPS CORP 409 PACIFIC AVE #105 BREMERTON WA 98337 147 TACO DEL MAR 90 WASHINGTON AVE BREMERTON WA 98337 148 TACO LOCO 200 1 ST STREET BREMERTON WA 98337 149 TALLENT CONSTRUCTION & REALTY 645 4TH ST #203 BREMERTON WA 98337 150 THAT HAIR PLACE 717 PACIFIC AVE BREMERTON WA 98337 151 THE DOCTORS CLINIC, APC 275 4TH ST BREMERTON WA 98337 152 THE SUN! 545 FIFTH ST BREMERTON WA 98337 153 THOMSON, GAYLE A 1223 MCKENZIE AVE BREMERTON WA 98337 154 TOMPCO INC 865 6TH ST., SUITE 300 BREMERTON WA 98337 155 TRACEY'S BARBERSHOP 5444TH ST BREMERTON WA 98337 156 TWO SISTERS FINE JEWELRY INC 520 PACIFIC AVE STE BREMETON WA 98337 157 UNDERGROUND METRO CAFE! 345 6TH ST BREMERTON WA 98337 158 UPTOWN AUTO BODY REBUILD INC 706 PACIFIC AVE BREMERTON WA 98337 159 URBAN ZEN SALON 214 BURWELL ST BREMERTON WA 98337 16.0 VOCATIONAL OPTIONS INC 851 SIXTH ST VANCOUVER WA 98660 161 WARD, DONALD 517 4TH ST BREMERTON WA 98337 162 WASHINGTON MUTUAL BANK 500 PACIFIC AVE BREMERTON WA 98337 163 WELKIN, LEYLA PH D LMHC 851 6TH ST #100 BREMERTON WA 98337 164 WESTSIDE CHIROPRACTIC 532 5TH ST #9 BREMERTON WA 98337 165 WESTSOUND BANK 607 PACIFIC AVE BREMERTON WA 98337 166 WHITNEY, CLARK, CPA PS 610 WARREN AVE BREMERTON WA 98337 167 WILLIAMS, NORMAN D LMP 532 5TH ST BREMERTON WA 98337 168 WOLFE LAW OFFICES 216 6TH ST BREMERTON WA 98337 169 YWCA OF KITSAP COUNTY 905 PACIFIC AVE BREMERTON WA 98337 Exhibit B-2 Ordinance No,_ List of Business Owners and Community Based Organizations Mailed Notice of Public Hearing Mailing Address Other Than Property Address NAME Mailing Address CITY STATE ZIP 1 AFFINITY MASSAGE THERAPIES 1950 N RAINIER AVE BREMERTON WA 98312 2 AMERICAN MARITIME INTL INC PO BOX 30 BREMERTON WA 98337 3 AMERI-FORCE CRAFT SERVICES INC 9485 REGENCY SQUARE BLVD - SUITE 305 JACKSONVILLE FL 32225 4 ANTHONY'S PO BOX 3805 BELLEVUE WA 98009 5 ANYWHERE CPR CO, THE 40 WASHINGTON AVE PMB43 BREMERTON WA 98337 6 BADDA BOOM BADDA BING 1217 SYLVAN WAY BREMERTON WA 98310 7 BELL-ANDERSON AGENCY INC PO BOX 887 KENT WA 98035-0887 8 BLACK HISTORICAL SOCIETY OF KITSAP COUNTY - PO BOX 2807 SILVERDALE WA 98383 9 BODY UTOPIA PO BOX 4724 BREMERTON WA 98312 10 8RATRUD MIDDLETON INSURANCE PO BOX 2940 TACOMA WA 98401-2940 11 BREM AREA CHAMBER OF COMMERCE PO BOX 229 BREMERTON WA 98337 12 BREMERTON OFFICE MACHINE CO PO BOX 264 BREMERTON WA 98337 13 BREMERTON PATRIOT 19351 8TH AVE NE STE 106 POULSBO WA 98370 14 8REMERTON SYMPHONY ASSOCIATION PO BOX 996 BREMERTON WA 98337 15 BUDGET BATTERIES 7900 PACIFIC HWY E MILTON WA 98354 16 CACI ENTERPRISE SOLUTIONS 1100 N GLEBE RD ARLINGTON VA 22201 17 CALVARY KIDS PO BOX 3168 BREMERTON WA 98310 18 CDI MARINE CO 9550 REGENCY SQ BLVD STE 400 JACKSONVILLE FL 32225 19 CHERYL'S CUSTOM FRAMING 12247 RIDGEPOINTE DR NW SILVERDALE WA 98383 20 CHILDREN FIRST MONTESSORI SCHOOL PO BOX 258 BREMERTON WA 98337 21 COLD STONE CREAMERY #567 C/O 1351 N LAFAYETTE AVE BREMERTON WA 98312 22 CORPORATE IMAGE DESIGN/ C/O 10501 WARREN RD NW SIL VERDALE WA 98383 23 COUNTRYWIDE HOME LOANS INC 8521 FALLBROOK AVE WH-11 CANOGA PARK CA 91304 24 COWPUNCHERS LLC C/O 2644 SW PINE RD PORT ORCHARD WA 98367 25 D'ABOY CAREER HORIZONS, 2627 E MARTIN WAY OLYMPIA WA 98506 26 DIAMOND PARKING 605 FIRST AVE #600 SEATTLE WA 98104 27 DIAMOND PARKING SERVICES LLC 605 FIRST AVE #600 SEATTLE WA 98104 28 DOCKSIDE TREASURES C/O 8133 CHALET LN NW SEABECK WA 98380 29 DOUG FOX TRAVEL 2626 S 170TH ST SEATTLE WA 98188 30 DOWNTOWN BREMERTON ASSOCIATION 40 WASHINGTON AVE #405 BREMERTON WA 98337 31 ELDER AND ADULT DAY SERVICES 11820 NORTHUP WAY#E-108 BELLEVUE WA 98005 32 FRAICHE CUP 1517 PERRY AVE BREMERTON WA 98310 33 FRITZ EUROPEAN FRY HOUSE C/O 4357 VICTORY DR SW PORT ORCHARD WA 98367 34 FRONTLINE STAFFING SERVICES 4950 NE MARTIN L KING BLVD PORTLAND OR 97211 35 GALLERY AT THE 400 C/O 40 WASHINGTON AVE PMB 8-211 BREMERTON WA 98337 36 GILMORE RESEARCH GROUP, THE 2324 EASTLAKE AVE E #300 SEATTLE WA 98102 37 GOODIES C/O DENNIS CULVER - 8003 SE CULVER ST OLALLA WA 98359 Exhibit B-2 Ordinance No._ List of Business Owners and Community Based Organizations Mailed Notice of Public Hearing Mailing Address Other Than Property Address NAME Mailing Address CITY STATE ZIP 38 HAIR PO BOX 214 BREMERTON WA 98337 39 HAMPTON INN & SUITES BREMERTON 226 AURORA AVE N SEATTLE WA 98109 40 HARBORSIDE COMMONS LLC C/O BRADLEY SCOTT INC - PO BOX 69 BREMERTON WA 98337 41 HARBORSIDE MARKET LLC 40 WASHINGTON AVE BREMERTON WA 98337 42 ISELLA DAY SPA LLC 509 4TH ST BREMERTON WA 98337 43 ISH VINTAGE CLOTHING & COSTUMES C/O 1349 N MONTGOMERY AVE BREMERTON WA 98312 44 KITSAP BANK - PARK AVE PO BOX 9 PORT ORCHARD WA 98366 45 KITSAP COMMUNITY RESOURCES 845 8TH ST BREMERTON WA 98337-1512 46 KITSAP COUNTY COMMUNITY DEVELOPMENT CORP - 345 6TH ST STE 567 BREMERTON WA 98337 47 KITSAP COUNTY NBMTC ALLOCATEE SIX LLC 9307 BA YSHORE DR NW SIL VERDALE WA 98383 48 KITSAP COUNTY NMTC C/O 9307 BA YSHORE DR NW SILVERDALE WA 98383 49 KITSAP COUNTY NMTC ALLOCATEE FIVE LLC 9307 BA YSHORE DR NW SILVERDALE WA 98383 50 KITSAP COUNTY NMTC ALLOCATEE FOUR LLC 9307 BA YSHORE DR NW SILVERDALE WA 98383 51 KITSAP COUNTY NMTC FACILITATORS I LLC 9307 BA YSHORE DR NW SILVERDALE WA 98383 52 KITSAP COUNTY NMTC SUBSIDIARY 9307 BA YSHORE DR NW SILVERDALE WA 98383 53 KITSAP FERRY COMPANY LLC 385 ERICKSEN AVE NE #123 BAINBRIDGE ISLAND WA 98110 54 MANTECH SYSTEMS ENG CORP 12015 LEE JACKSON HWY FAIRFAX VA 22033 55 MARATHON DEVELOPMENT 12600 SE 38TH ST #108 BELLEVUE WA 98006-5232 56 NEW DELHI RESTAURANT 789 12TH STREET BREMERTON WA 98337 57 NORTHWEST BOAT RENTALS 543 NW BOVELA LANE POULSBO WA 98370 58 NOVAPRO RISK SOLUTIONS LP 401 W"A" STREET, STE 1400 SAN DIEGO CA 92101-7993 59 PATHWAYS TO EMPLOYMENT LLC PO BOX 5203 BREMERTON WA 98312-0492 60 PEACHLEAF MASSAGE AND SPA 2312 BURWELL STREET BREMERTON WA 98312 61 PENINSULA COMMUNITY PO BOX 960 BREMERTON WA 98337 62 PRIMELENDING 18111 PRESTON RD STE 900 DALLAS TX 75252-6601 63 PUGET SOUND ENVIRONMENTAL CORP PO BOX 5270 BREMERTON WA 98312 64 RAINIER CASE MANAGEMENT INC 101 E 8TH ST #210 VANCOUVER. WA 98660 65 RENA C/O PO BOX 5107 BREMERTON WA 98312 66 RESIDENTIAL APPRAISAL GROUP PO BOX 833 BREMERTON WA 98310 67 SECOND PARK LOUNGE AND CAFE PO BOX 5113 BREMERTON WA 98312 68 SOLE JOURNEY 1541 PENNSYLVANIA AVE BREMERTON WA 98337 69 SORIANO AND SORIANO PO BOX 1433 BREMERTON WA 98337 70 SPATIAL INTEGRATED SYSTEMS INC 7524 STANDISH PL #100 ROCKVILLE MD 20855 71 STARBUCKS COFFEE #8847 PO BOX 34442 - MS S- T AX 1 SEATTLE WA 98124-1442 72 STUDIO 30 320 WASHINGTON AVE #C106 BREMERTON WA 98337 73 SUBWAY #619/B&W SUB INC 1700 COOPER POINT RD SW #C-4 OLYMPIA WA 98502 74 SYSTEMS RESEARCH/APPS CORP 4300 FAIR LAKES CT FAIRFAX VA 22033 Exhibit B-2 Ordinance No._ List of Business Owners and Community Based Organizations Mailed Notice of Public Hearing Mailing Address Other Than Property Address NAME Mailing Address CITY STATE ZIP 75 TALLENT CONSTRUCTION & REALTY PO BOX 129 INDIANOLA WA 98342 76 THE DOCTORS CLINIC, APC 2512 WHEATON WAY BREMERTON WA 988310 77 THE SUNI PO BOX 259 BREMERTON WA 98337 78 THOMSON, GAYLE A PO BOX 4759 SOUTH COLBY WA 98384 79 TOMPCO INC 11567 CLEAR CREEK RD SILVERDALE WA 98383 80 URBAN ZEN SALON 641 MONTGOMERY AVE N BREMERTON WA 98312 81 VOCATIONAL OPTIONS INC 101 E 8TH ST#210 VANCOUVER WA 98660 82 WASHINGTON MUTUAL BANK 1301 2ND AVE WMC 2202 SEATTLE WA 98101 83 WELKIN, LEYLA PH D LMHC PO BOX 732 BREMERTON WA 98337 84 WESTSIDE CHIROPRACTIC PO BOX 91 BREMERTON WA 98337 85 WESTSOUND BANK PO BOX 405 BREMERTON WA 98337 86 WILLIAMS, NORMAN D LMP PO BOX 2193 BREMERTON WA 98310 87 YWCA OF KITSAP COUNTY PO BOX 559 BREMERTON WA 98337 Exhibit B-2 Ordinance No;_ City of Bremerton Bremerton Harborside Revenue Development Area Community Economic Revitalization Board - Local Infrastructure Financing Tool Estimated Public Investment Project Descriptions and Costs The following is a list of capital projects within the Revenue Development Area (RDA) using Local Infrastructure Financing Tool (LIFT) financing that are under consideration by the City of Bremerton at the time of application to the State of Washington Community Economic Revitalization Board (CERB). The project costs are all in 2008 dollars and are based on preliminary estimates that may be revised as the projects move through the public process, approval and final design. The amount of projects that are approved and constructed will depend upon such things as: public input, fInal design, actual construction costs, additional funding sources and the amount and pace of private investment within the proposed Revenue Development Area. All of the projects are listed by their planning names, which may be changed later, for identification purposes only. Bremerton Boardwalk Project $24,000,000 This project will construct a 3,200-foot over water boardwalk connecting the existing Louis Mentor Boardwalk in the Harborside District to the City's popular Evergreen Park. The boardwalk will serve two purposes; it will provide a recreational waterfront experience for residents and visitors and it will provide access for maintenance of an adjacent sewer main on the beach. The project has three components; construction of the boardwalk, replacement of the existing beach sewer line and redevelopment of a former industrial property into a major expansion of the City's premier park, Evergreen Rotary Park. The boardwalk creates a unique waterfront experience for everyone, and provides shoreline access, and a safe pedestrian path that currently does not exist. The boardwalk also provides a primary leg of a planned "Park to Park" Corridor Loop. The Bremerton Boardwalk Project is expected to cost a total of $24 million and the City has assembled approximately $13 million dollars in funding from a variety of sources - including City of Bremerton resources, State capital grants, and Department of Ecology reimbursement grants related to required environmental remediation. Additional grant applications have already been submitted totaling $5.3 million and a variety of additional Grants have been identifIed which will be pursued in the coming year, along with other pri vate support. It is expected that the LIFT designation of this project would provide an additional $5 million to the funding package. Pacific Avenue Improvements $ 4,000,000 Pacific Avenue connects the Harborside Fountain Park and downtown area to supporting residential neighborhoods, as well as Evergreen Park. A project on Pacific Avenue from 15t to 6th Streets is already in progress which includes sidewalk extensions, curb bulb- outs, and Low Impact Development techniques to filter storm water. The proposed project for LIFT funding is to continue these Pacific A venue improvements from where the current project leaves off at 6th Street and extend it all the way to Evergreen Park. This project combined with the Bremerton Boardwalk project will complete the downtown loop - as the link forming a "Park to Park" Corridor. Streetscape enhancements will help make this a walkable and pedestrian friendly street. As the Exhibit C Ordinance No. City of Bremerton Bremerton Harborside Revenue Development Area Community Economic Revitalization Board - Local Infrastructure Financing Tool primary pedestrian street - Pacific Avenue is the most significant public walking corridor in the City's Downtown Sub Area Plan. The Pacific Avenue Improvement project is expected to cost a total of $4 million and currently has no funding source. It is expected that the LIFT designation would provide all of the estimated $4 million to fund this project. Parking Garage Facility $ 8,000,000 The City of Bremelton recently adopted a Downtown Sub Area Plan and updated its Comprehensive Plan accordingly. The Sub Area plan calls for a second large centralized parking structure in the southern portion of downtown to release pressure for surface lots and may also be used for parking "in-lieu of" purposes for new developments. The parking facility will also meet the particular requirements of building and growing a viable Employment District. The location of a new multi~level garage will serve commercial businesses within the Pacific Street Corridor and long-term uses related to the WS Ferries and the PSNS. This project was conceived in the last year and has not yet been through a preliminary design phase nor is it included in the City's current adopted Capital Improvement Plan. City Council has approved of the conceptual plan by the adoption of the Downtown Sub Area Plan and it will next move forward to project design and is expected to be included in the City's 6~year Capital Improvement Plan for 2009. The Parking Garage Facility is expected to cost approximately $8 million but has not been through a planning and design process to finalize the cost estimates. A parking facility provides revenues from parking fees which can be pledged to support the issuance of revenue bonds for the construction of such facilities. However, the revenues are typically inadequate in total to provide support for the size of debt issuance necessary to construct such a facility ~ in addition to properly maintaining and operating such a facility. In order to move forward with construction of this parking garage facility, a financing package that combines revenue bonds as supported by reasonable and achievable parking fee revenues and a general obligation bond issuance supported by LIFT revenues will be necessary. It is expected that the LIFT designation and net revenues from the facility would provide all of the estimated $8 million to fund this project. Exhibit C Ordinance No. City of Bremcrton Bremerton lIar'borside Revenue Development Area Community Economk Revitalization Boanl - Local Infrastructure Financing Tool Exhibit]) Ordinance No. City of Bremerton Bremerton Harborside Revenue Development Area Community Economic Revitalization Board - Local Infrastructure Financing Tool Exhibit D Ordinance No. Impact Analysis Bremerton Harborside Revenue Development Area (RDA) Impact Analysis - Excerptfl'om the ECONorthwest Economic Analysis Study The LIFT application process requires applicants to estimate the impact of the RDA on businesses and low-income housing, and to develop a mitigation plan for negatively impacted small businesses and low-income residents CRCW 39.102.080(2)). The LIFT application requires five specific elements in the impact analysis: . An inventory of existing low-income housing units, businesses, and retail activity within the RDA (RCW 39. 1 02.080(2)(a)). . A reasonable estimate of the number of low-income housing units and businesses that may be vulnerable to displacement (RCW 39.102.080(2)(b)). . A reasonable estimate of the projected net job growth and net housing growth in the RDA and compare it to existing jobs and housing (RCW 39.102.080(2)( c)). . Discussion of the impact of the net housing growth on the current housing price mix (RCW 39.102.080(2)(d)). . A plan that mitigates negative impacts to vulnerable stakeholders (RCW 39.102.080(2)). ECONorthwest conducted an impact analysis to determine the impacts of the RDA on low-income residents and small businesses. This chapter describes and summarizes ECONorthwest's analysis and the City of Bremerton's mitigation plans. This chapter has two sections: . Businesses contains an inventory of the businesses within the proposed RDA, identifies businesses that are vulnerable to displacement, discusses net job growth, and describes the mitigation plan. . Low-income housing contains an inventory of the low-income housing within the proposed RDA, identifies those that are vulnerable to displacement, discusses housing growth, and describes the mitigation plan. BUSINESSES This section provides an inventory of the businesses within the proposed RDA, identifies those that may be vulnerable to displacement, discusses net job growth, and describes the mitigation plan, as required in Section 206 (2) (a-d) of the LIFT legislation. INVENTORY To develop an inventory of existing businesses within the proposed RDA and to be consistent with the data requirements of the LIFT application process, ECONorthwest used covered employment data provided by the Washington State Employment Security Exhibit E Ordinance No. Department (ESD). ESD staff used Geographic Information Systems (GIS) data to identify businesses within the proposed boundaries of the ROA, and provided information on the number of businesses, number of employees, and total payroll by two~digit North American Industrial Classification System (NAICS) codes. In total, ESO data shows that there are 135 firms (non-sole proprietors) in the ROA. ESO covered employment data does not include sole proprietors. As a result, ECONorthwest augmented ESO data with information obtained from the Washington Department of Revenue's (DOR) Business and Occupation (B&O) tax database. OOR provided counts of sole-proprietors by two-digit NAICS codes for the immediate Bremerton area, as delineated by zip code 98337. Geographically, this zip code is larger than the ROA. As a result, ECONorthwest used ESO data on the number of businesses, by industry sector, within the two areas to calculate an ROA-to-zip code ratio, and then applied this ratio to the number of sole proprietors identified by OOR in the 98337 zip code. In total, using OOR data, ECONorthwest estimates that there are approximately 234 sole proprietors in the ROA. Table I shows the number of businesses by industrial classification. Industry classes are identical to those requested as part of the LIFT application process. In total, there are 369 businesses (non-sole proprietors and sole proprietors) in the ROA. The business types in the proposed RDA with the greatest number of individual firms are: Professional, Scientific, and Technical Services (85 firms); Retail Trade (75); Other Services (69); Accommodation and Food Services (31); and Administration, Support, and Waste Management and Remediation Services (25). These five categories account for approximately 77 percent of the total number of firms in the RDA.' , ESD data shows that there are five firms in other sectors (identilied with "NA") whose data cannot be released due to confidentiality concerns. Exhibit E Ordinance No. 2 Table 1: Businesses In the RDA, by Aggregate Industry Sector, Second Quarter 2007 Sector Construction Manufacturing Retail Trade Transportation and Warehouse Information Finance and Insurance Real Estate and Rental and Leasing Professional, Scientific, and Technical Services Management of Companies and Enterprises Admin, Support and Waste Mgmt and Remediation Education Services Health Services Arts, Entertainment, and Recreation Accomodation and Food Services Other Services Not classified due to confidentiality Number of Firms NA NA 75 NA 14 18 10 85 NA 25 13 14 10 31 69 5 Total 369 % of Total NA NA 20% NA 4% 5% 3% 23% NA 7% 4% 4% 3% 8% 19% 1% 100% Sources: 1. Covered employment data provided by the Washington State Employment Security Department using Geographic Information System (GIS} data to identify firms within the proposed boundaries ofthe RDA. 2. Data for sole proprietors from the Washington Department of Revenue Business and Occupation tax database. The 2008 LIFT application process requires applicants to use ESD data as the basis for describing employment and wages in the RDA and the surrounding economy; forecasting job growth, by sector, between 2009 and 2014; and comparing wages and evaluating employee benefits, by sector, for permanent jobs created in the RDA. In some cases, as noted above and elsewhere in this repmi, ESD data had to be augmented with data from other sources. In these cases, CERB staff instructed ECONorthwest to fully document this additional data and our assumptions. VULNERABILITY (RCW 39.1 02.080(2)(b)) ofthe LIFT application requires that applying jurisdictions establish "a reasonable estimate of the number of small businesses and other commercial activity that may be vulnerable to displacement within the revenue development area." This section identifies the small businesses within the proposed RDA and identifies businesses directly affected by infrastructure improvements. The LIFT application requires the impact analysis to use the Revised Code of Washington (RCW) 19.85.020 definition of a small business. RCW 19.85.020 defines a small business as a business entity, including a sole proprietorship, corporation, partnership, or other legal entity, that is owned and operated independently from all other businesses, and that has fifty or fewer employees. Exhibit E Ordinance No. 3 ESO summarized the information about firm size from the list of firms located within the RDA for ECONorthwest. OOR provided counts of sole proprietors. Table 2 shows the results of that analysis. The table shows that of the 369 firms located within the proposed RDA, 358 (97 percent) are considered small business entities. Most of the businesses are very small, with fewer than 25 employees, and approximately 63 percent are sole proprietors. Table 2: Firms in the RDA, by Number of Employees, 2nd Quarter 2007 Number of Businesses 11 358 4 354 21 19 80 234 369 Number of Employees 50 and Over Under 50 26 - 50 Under 25 11 - 25 6 -10 0-5 Sole Proprietor Total All Percent 3% 97% 1% 96% 6% 5% 22% 63% 100% Sources: 1. Covered employment data provided by the Washington State Employment Security Department using Geographic Information System (GIS) data to identify firms within the proposed boundaries of the RDA. 2. Data for sole proprietors from the Washington Department of Revenue Business and Occupation tax database. Although there are a large number of small businesses within the RDA, their vulnerability to displacement due to infrastructure improvements funded using LIFT authority depends on their location and their individual characteristics. Given the current industry mix (predominantly services and retail) and forecast industry growth, ECONorthwest expects most businesses to benefit from the public, and subsequent private, development in the RDA. Per the requirements of the LIFT application (RCW 39.102.080(2)(b)), this task is to create "a reasonable estimate of the number of small businesses and other commercial activity that may be vulnerable to disolacement within the revenue development area." The LIFT application does not define "displacement," so ECONorthwest assumed that "displaced" businesses will be either forced to relocate because public or private improvements occur on the site of their business, or will eventually be forced to relocate because their business will be priced out of its current location. ECONorthwest determined that businesses in the RDA could experience three main levels of vulnerability as planned infrastructure improvements and the redevelopment of downtown Bremerton are implemented. This section describes our methodology for determining how vulnerable a business is to displacement. Exhibit E Ordinance No. 4 IMMEDIATE AND PERMANENT DISPLACEMENT The businesses facing immediate and permanent displacement are those that will be displaced because of public infrastructure projects or subsequent private development in the RDA. These businesses will be displaced because of road or other types of construction, and may need assistance in order to relocate. ECONorthwest and the City of Bremerton expect that no (zero) businesses will be displaced as a result of the three proposed public projects. The Bremerton Boardwalk is an over-water boardwalk that will not displace any businesses. The proposed centralized parking structure in downtown Bremerton is an underground, multi-level structure that will not displace any businesses. In fact, the City anticipates that the pad and airspace above the parking structure will be sold and developed. The proposed Pacific A venue Improvement project will enhance pedestrian traffic north of 6th Street all the way to Evergreen Park. As such, it will complement the Boardwalk project and create a pedestrian-friendly loop between Harborside Park and Evergreen Park. The proposed Pacific A venue Improvement project will not displace any businesses. The City of Bremelion's three proposed infrastructure projects are not expected to displace any businesses. In fact, the projects are expected to enhance commercial activity and encourage private sector development in the RDA. Interviews with private developers in late 2007 showed unanimous support for the Bremelton Boardwalk project. The private redevelopment of the former Penney's Building will benefit from additional parking capacity and foot traffic in the RDA, as well as additional tourism spending attributed to the Boardwalk.' The success of two proposed high-density residential infill development projects (currently in the schematic design stage) is strongly linked to the completion of the Bremerton Boardwalk. According to on-site surveys conducted by the City of Bremerton, this latter private development will displace one business in the Professional Services sector. This business is included as immediately vulnerable to permanent displacement because, based on interviews with the developer,' the causal link between the Bremerton Boardwalk and the private development is so strong. No RISK OF BEING POTENTIALLY VULNERABLE TO DISPLACEMENT The infrastructure projects may benefit certain industry sectors. As such, there are businesses that are at no risk of being potentially vulnerable to displacement because of infi:astructure improvements within the RDA or unrelated factors. To estimate the number of businesses at no risk of being potentially vulnerable to displacement, ECONorthwest identified businesses in the retail, professional services, real estate, arts and entertainment, accommodations and food services, and tInance and insurance sectors. These types of businesses typically benefit from improvements associated with downtown revitalization. , According to Ron Shcr, Metrovation Project Manager of the Penney's redevelopment, "The boardwalk will be a natural venue for community events, tourism, and recreation activity. The increased activity and attraction will help bring restaurants, retail, and other businesses to downtown. creating new jobs and fostering economic vitality." , October 2007 interviews with Mark Goldberg, Chairman, The M.S. Cavoad Co., Incorporated. Exhibit E Ordinance No. 5 Although the City is actively targeting health care businesses and the senior population near downtown is expected to continue it growth, ECONorthwest did not include health care businesses in this category because Bremelion's medical district is across the Manette Bridge in East Bremerton. There are approximately 267 businesses in this category, which represents about 72 percent of all businesses within the RDA. This figure includes some sole proprietors that are included in the low risk subcategory described below. low Risk of Being Potentially Vulnerable to Displacement With a significant number of retail and service sector fIrms, ECONorthwest and the City of Bremerton expect that most businesses in the RDA will benefit from infmstructure improvements. As discussed in the previous section, we have identified and classified 267 firms as facing no risk of being potentially vulnerable to displacement. This total includes 175 sole proprietors. In order to impart the most conservative estimate of vulnerability, ECONorthwest believes it is useful to look at a subcategory of firms that may face a low risk of being potentially vulnerable to displacement. To do so, ECONorthwest identified businesses operated by sole proprietors that are outside of sectors (retail, arts, entertainment, and recreation, and food services) that will likely benefit from redevelopment. This subcategory includes 97 sole proprietors. Although ECONorthwest assumes that these sole proprietors are in sectors that will benefit from redevelopment (hence, they have been also classified as facing no risk of being potentially vulnerable to displacement), they are outside of sectors that will almost certainly benefit from redevelopment within the RDA. These service sectors are information; finance and insurance; real estate and rentals; professional, scientific, and technical; and administration and suppOli, and waste management and remediation. It's important to emphasize that these firms represent a subcategory of firms within the no risk category. MODERATE RISK OF BEING POTENTIALLY VULNERABLE TO DISPLACEMENT Some businesses may face a moderate risk of being potentially vulnerable to displacement because of infrastructure improvements within the RDA or unrelated factors. These businesses are at risk of displacement because of competitive market pressures from a redeveloped downtown, and may need assistance in order to relocate. The only remaining types of businesses were businesses in sectors that ECONorthwest could not assume would benefit from downtown revitalization (although it is likely that most would), including: education and health services, other services, and businesses not classified due to confidentiality constraints. ECONorthwest identified 101 businesses as being at a moderate risk of being potentially vulnerable to displacement. Many of these remaining businesses will not be vulnerable to displacement. However, existing data does not allow ECONorthwest to more precisely identify the specific types of firms. ECONorthwest, therefore, conservatively assumes these remaining businesses are at moderate risk. Exhibit E Ordinance No. 6 Lacking firm-level data, ECONorthwest conservatively assumes that these businesses will be at moderate risk. However, it is likely that most businesses will benefit from the redevelopment in the proposed RDA. Better streetscapes, more pedestrian and vehicle traffic, additional parking capacity, and more downtown residents will positively impact the majority of these businesses classified as having a moderate risk of displacement. If, because of market pressures, these businesses require relocation, the City of Bremerton has a range of services to help businesses relocate or reopen, as detailed in the mitigation section. Table 3 summarizes the businesses that may be at risk of displacement in the RDA over the twenty-five-year lifespan of the LIFT authority. This table shows the estimated risk of displacement for all business, not only small businesses, in order to comply with Section 206 (2) (b) which requires an estimate of "small businesses and other commercial activity" that would be at risk of displacement due to infrastructure improvements and associated redevelopment in the RDA. Table 3: Businesses in the RDA and Their Vulnerability to Displacement Risk of Displacement None None/Low Moderate Immediate Number 267 97 101 1 Percent 72.4% 26.3% 27.3% 0.3% Source: ECONorthwest. Within the twenty-five year lifespan ofthe RDA, gradual turnover of businesses will occur independently of the creation of the RDA. The City of Bremerton has a variety of strategies to help businesses remain competitive as downtown Bremerton experiences revitalization. Mitigation strategies are described in the mitigation section below. GROWTH There are two types of jobs that will be created in the proposed RDA between 2009 and 2039: temporary construction jobs and permanent jobs occupying the newly developed and redeveloped office and retail spaces. ECONOIthwest used the IMPLAN' model to project the amount of direct, temporary construction jobs that would be created by the construction spending in the proposed RDA 4 IMPLAN (for IMpact Analysis for PLANning) is a computer sottware program used to conduct the input/output analysis. IMPLAN was developed by the Forest Service of the US Department of Agriculture in cooperation with the Fedeml Emergency Management Agency and the Bureau of land Management of the US Department of the Interior to assist federal agencies in their land and resource management planning. US government agencies, other public agencies, and private firms including ECONorthwest have applied the model to a wide variety of public and private sector projects. For construction projects, the primary effects are those directly related to construction spending. They include the jobs and income earned by the workers building the roads and buildings. Secondary effects are those indirectly generated by the construction project. They include the indirect jobs and wages earned by workers in industries supplying the construction project, such as equipment rentals and supplies. They also include the induced jobs and wages earned by workcrs servicing the direct and indirect workers, such as clothing retailers and grocery stores. For this analysis, ECONorthwest reported only the primary jobs. It is likely that many of the secondary effects will take place outside of the Exhibit E Ordinance No. 7 between 2009 and 2039. (ECONorthwest's estimate of total construction spending in the proposed RDA is detailed in Chapter 2, Market Analysis.) Table 4 shows construction spending by type of construction and the associated construction jobs between 2009 and 2039, in five-year increments. For example, between 2010 and 2014, ECONorthwest estimates that $82.1 million in construction spending in the RDA will generate approximately 614 construction jobs. Over the course of30 years, ECONorthwest estimates that approximately $265.2 million in construction spending will occur in the RDA. This spending will generate approximately 2,260 construction jobs over this time period. Table 4: Jobs Generated by Construction Spending in the RDA, 2009-2039 Years SinQle Familv Multi-Familv Office Retail/Service Infrastructure Total Construction Spending 2009 $0 $548,900 $734,200 $283,200 $0 $1,565,300 2010-2014 $369,800 $7,975,900 $11,696,900 $12,643,900 $49,000,000 $82,108,300 2015-2019 $369,600 $7,975,900 $10,262,400 $5,629,300 $0 $24,477,200 2020-2024 $964,800 $13,550,500 $12,237,800 $6,640,200 $0 $35,393,300 2025-2029 $964,800 $13,550,500 $12,237,800 $6,640,200 $0 $35.393,300 2030-2034 $1,150,400 $17,409,700 $15,035,000 $9,517,500 $0 $43,112,600 2035-2039 $1150400 $17409700 $15035000 $9517500 $0 $43112600 Total $5,009.600 $76,421,100 $77 ,461,1 00 $55,271,800 $49,000,000 $265,163,600 Construction Jobs 2009 0 5 7 3 0 14 2010-2014 2 66 114 123 309 614 2015-2019 2 66 96 56 0 222 2020-2024 6 112 117 83 0 316 2025-2029 6 112 117 83 0 318 2030-2034 7 144 144 91 0 386 2035-2039 7 144 144 91 0 366 Total 32 646 740 528 309 2,257 Source: Construction jobs calculated by ECONorthwest using IMPLAN, Notes: Job impacts are temporary, and exist only during the construction process. The jobs include full-time and part-time jobs. It's important to note that these construction impacts are temporary and exist only during the construction process. The jobs include full-time and part-time jobs. ECONorthwest then projected the number of new permanent jobs that would occupy the redeveloped and newly developed space in the proposed RDA using data from CERB and Portland Metro's] 999 "Employment Density Study".5 As required in the LIFT application, ECONorthwest projected job growth in the RDA between 2009 and 2014 proposed RDA boundary, and it is inappropriate to include those jobs as new jobs in the RDA. Using the input-output model, ECONorthwest estimated the number of construction jobs created for every $! million of construction spending, for tour types of new construction: single-family residential, multi-family residential, commercial, and roads, For more information, see Chapter 3, Employment Analysis. 5 CER!3 staff provided sales pet square foot and employees per dollar of sales for three sectors: retail trade, accommodations and food services, and other services. To augment their data, ECONorthwest reviewed the! 999 Technical Report "Employment Density Study" from Portland Metro and employment densities calculated by the Energy Information Administration and the Southern California Association of Governments. The analysis in thc Metro report provides data by industrial sector in the Portland metropolitan region. ECONorthwest determined the Metro report provided more comparable data for more industrial sectors, and we relied on that report to estimate jobs in the proposed RDA. "1999 Employment Density Study and ZELDA (Zonal Employment Land Demand Analysis model) Frequently Asked Questions". Presented to Metro Growth Management Committee. April 6, 1999, Portland, Oregon, For more information, see Chapter 3: Employment Analysis, Exhibit E Ordinance No. 8 using ESO employment growth forecasts, by industry sector, for Kitsap County. To extend this employment forecast to 2039, ECONorthwest used job projections provided by the Puget Sound Regional Council for two T AZ (#884 and 893) that closely approximate the ROA. (ECONorthwest's methodology for this conversion is detailed in Chapter 3: Employment Analysis.) Table 5 shows the number of permanent jobs created in the RDA, by NAICS code, in five-year increments. Table 5: Cumulative Permanent Jobs Generated in the RDA, by NAICS, 2009- 2039 Industry Sector 2009 2014 2019 2024 2029 2034 2039 Retail trade 1 16 31 72 113 156 198 Information 1 40 64 97 129 170 210 Finance and insurance 2 32 62 123 184 259 334 Real estate and rental and leasing 0 3 5 11 16 23 29 Professional and technical services 4 59 114 163 211 271 331 Management of companies and enterprises 0 0 0 0 0 0 0 Administrative and waste services 1 12 22 32 41 53 64 Educational services 1 9 17 23 30 37 45 Health care and social assistance 2 23 44 61 77 97 117 Arts, entertainment, and recreation 0 3 6 11 17 23 30 Accommodation and food services 1 29 45 67 89 116 143 Other services, except public administration 1 119 156 176 196 221 247 Total 14 345 567 835 1,104 1,426 1,748 Sources: Generic RDA employment growth estimated by ECONorthwest using ESD employment growth forecasts, by sector. for Kitsap County (2009-2014) and PSRC growth forecasts, by sector, for TAZ #884 and #893 (2020-2040). Employment growth associated with proposed public RDA projects estimated by ECONorthwest using a specially- constructed IMPLAN model of the RDA. ECONorthwest estimates that redevelopment in the proposed RDA will generate 1,748 permanent jobs by 2039. According to the Washington State ESD and OOR, there are currently 2,321 employees (covered employment and sole proprietors) in the RDA. This increase represents a 75 percent increase over 30 years, or 1.8 percent average annual growth rate over this time period. MITIGATION The goal of revitalization is to create new opportunities that help Bremerton businesses thrive. Revitalization brings more people in close proximity and improves access to retailers and service-providers, thus creating a more vibrant and active community. The City of Bremerton has adopted a Sub Area Plan for downtown Bremerton that expresses the vision for business development and retention. The Sub Area Plan supports the City's revitalization of the downtown area-the proposed projects in the RDA to be funded by the LIFT authority are identified and called for in the City's adopted Sub Area Plan. In addition to the development strategy and plan, the City has identified services and business assistance opportunities to SUPPOlt downtown businesses in many ways. The following programs represent several of those services and opportunities that the City has provided or identified which can provide mitigation for businesses impacted by the City's revitalization program: Exhibit E Ordinance No. 9 · Technical Advisory Services and Gap Financing. The City of Bremerton's Community Development Block Grant (CDBG) program provides both financial support to small businesses through local agencies, and also plays a strategic role as a member of the Kitsap Business Development Consortium, through which the City furthers the economic development goals of the CDBG Consolidated Plan. . Small Business Development Center. Co-located with the WSU Extension Office, the Small Business Development Center (SBDC) was formed to provide business assistance to statt-up and existing businesses in the Kitsap Region. The SBDC is led by Olympic College, in partnership with the City of Bremerton, City ofPoulsbo, Kitsap County, Kitsap Peninsula Business Journal, Port of Bremelton, W A State Small Business Development Centers (SBDC. The Development Center statf meet with interested business owners to asses their business operation and develop plans for improving their profitability, successfully seeking and obtaining financing, as well as assisting them in improving administrative functions or to receive greater technological SUppOlt. . Special Tax Incentives and Financing Opportunities. An array of tax incentives and financing opportunities are available to businesses within or relocating to downtown Bremerton and specifically within the proposed Revenue Development Area. o Property Tax Abatement for Multi-Family Housing. With the exception of the immediate shoreline area in downtown Bremetton, construction or renovation of buildings into condominiums and apartment buildings within the adopted Downtown Sub Area Plan boundaries, which includes all of the RDA, may be eligible for 8- or 12-years of exemption from City property taxes. (The longer exemption period of 12 years is provided to projects that include at least 20 percent affordable housing units). Information and applications for exemption may be obtained from the City of Bremerton's Community Development Department. o New Markets Tax Credits. Businesses developing, buying, or remodeling in five downtown Bremerton census tracts can get equity or below-market loans through the federal New Markets Tax Credit program. Investors in these projects can get 30 percent tax credits over seven years. Information on the program and detailed maps of the census tracts eligible for New Markets Tax Credits can be found at www.kitsapnmtc.org. Additional information is also available from the City of Bremerton's Community Development Department. o Community Empowerment Zone (CEZ). Manufacturing operations, certain computer-related services, commercial testing labs, and research/development labs can quality for state sales tax deferrals, and state Business and Occupation Tax credits. To qualify for the incentives, the company must hire a CEZ resident for every $750,000 in investments. This zone is located in the heart of Bremerton' s Harborside District, extending from Chester Avenue to the ferry dock. InfOlmation can be obtained from Exhibit E Ordinance No. 10 the Department of Revenue Special Projects Coordinator at the Department of Revenue, (360) 570-3243, or from the City of Bremerton's Community Development Department. o HUBZone. Qualified businesses in HUBZones get preference when they compete for federal contracts. This is only available for Small Business Administration (SBA)-certified small businesses. The definitions of a small business by SBA is broad, and varies by industry. Bremelion's HUB Zones are located in two areas throughout Bremerton - downtown by the waterfront in the Harborside District, and in West Breme110n near Highway 3. To qualify for this program a business must be located in the HUBZone; be owned and controlled by US citizens; and have 35 percent of its employees reside in any HUBZone. Information on this incentive program can be obtained from the Seattle Office of SBA at (206) 553-7342. · Customized Workforce Training Program. The Customized Workforce Training Program offers incentives for workforce development training that's offered through Olympic College. The revolving loan fund covers up-front training costs and provides a 50 percent Business and Occupation Tax credit to expanding or relocating businesses. Information can be obtained by contacting the Director of this program at customertraining(a),oc.ctc.edu or by calling (360) 475-7786. LOW-INCOME HOUSING This section provides an inventory of the low-income housing within the proposed RDA, identifies parcels and units that are vulnerable to displacement, discusses net housing growth, and describes the City's mitigation plan, as required in Section 206 (2) (a-d) of the LIFT legislation. INVENTORY To develop an inventory oflow-income housing within the proposed RDA, ECONorthwest obtained an inventory of all housing in the proposed RDA from the Kitsap County Assessor's Office. Table 6 shows the types o[residential propelties within the RDA identified by current use. Exhibit E Ordinance No. 11 Table 6: Inventory of Residential Parcels and Units in the RDA (identified by current use), 2008 Type of Unit Single Family Condominiums Multi-Family Duplex Triplex 4-plex Apartment Total Multi-Family Total All Number of Parcels 162 11 Number of Units 162 144 26 8 12 30 76 249 52 24 48 357 481 787 Source: Kitsap County Assessor Extracts. summarized by ECONorthwest. An analysis of current use shows that there are 249 parcels with approximately 787 units of housing within the RDA. These housing parcels have a total assessed value of approximately $124.3 million." There are 162 single-family parcels, 46 multiplex parcels (duplex, triplex, and 4-plex), 30 apartment complexes, and eleven (to be consolidated to two) condominium parcels. To determine the number oflow-income housing units, ECONorthwest first defined "low-income" for Bremerton, and then identified the housing units that serve this population. The LIFT application, Section 102 (14), describes the methodology by which ECONorthwest is required to identify "low income" housing. It states, "Low-income housing means residential housing for low-income persons or families who lack the means which is necessary to enable them, without financial assistance, to live in decent, safe, and sanitary dwellings, without overcrowding. For the purposes of this subsection, "low income" means income that does not exceed eighty percent of the median family income for the standard metropolitan statistical area in which the revenue development area is located." The standard statistical area used by the Department of Housing and Urban Development (HUD) to determine income levels for Bremetton is Kitsap County. Low- income residents would be those families whose incomes do not exceed 80 percent of the median family income for the area, adjusted for family size, in accordance with the US (, The housing inventory includes two new residential developments along Bremerton's waterfront. The 400's Condominiums consist of66 units on (formerly) 7 parcels, 'Ibese parcels have been consolidated, but that information has not been updated in Kitsap County Assessor's data. The KCCI-IA Harborside Condominiums consist of 78 units on (formerly) 4 parcels. Again, Kitsap County Assessor's data has not yet consolidated these parcels into one parcel. In both cases, these new residential developments have not been assessed. Therefore, ECONorthwest used construction cost estimates as a proxy for assessed value. Exhibit E Ordinance No. 12 Housing Act of 1937. "Low-income" is a federally designated term and reflects median family incomes for the surrounding statistical area. According to BUD, "low-income housing" is "affordable" for families if expenditures for housing do not exceed 30 percent of a household's annual income. Table 7 shows the median income and maximum monthly housing cost that a family at 80 percent of the median income in Kitsap County-the applicable statistical area-could be expected to afford. Table 7: Median Income and Affordable Housing Definitions, Kitsap County, 2007 Median income 80% median income 1 $48,900 $39,120 Family size (persons) 2 3 $55,900 $62,900 $44,720 $50,320 4 $69,900 $55,920 Max monthly housing cost Studio $978 1-bed room $1,118 2-bedroom $1,258 3-bedroom $1,398 Source: HUD FY 2008 Median Family Income Documentation System for Kitsap County with adjustments for family size based on HUD Notice PDR-2007.02, p.3. ECONorthwest identified the number of apartments and single-family houses that serve the low-income population using separate methodologies. To identify the number of apartment units affordable to low-income residents, ECONorthwest surveyed apartment complexes located in the RDA. There are 30 apartment complexes in the RDA. ECONorthwest conducted telephone interviews with apartment managers to determine the number of units and rental rates. The survey generated information for 45 percent of the units in the RDA. Table 8 shows that the average monthly rent for studio apm1ment is $494, the average monthly rent for one- bedroom apartment is $552, and the average monthly rent for two-bedroom apartments is $576. Table 8: Apartment rental rates in proposed RDA, 2008 Rent Range Type of unit Percent of survey 34% 49% 16% Low $400 $509 $575 High $600 $750 $850 Average Rent $494 $552 $576 Studio 1-bedroom 2-bedroom Source: City of Bremerton and ECONorthwest. From this rental rate survey, ECONorthwest determined that 100 percent of the apartment units surveyed have rental rates below the maximum monthly housing cost that characterizes affordable housing for low-income residents in Breme11on. Based on the condition of the remaining units that ECONorthwest was unable to survey for rental rate information, it is likely that their rental rates are similar to the units included in the survey. Exhibit E Ordinance No. 13 As a result, ECONo11hwest estimates that 100 percent of the apartment units in the RDA meet the criteria oflow-income housing and are affordable to low-income residents. For single-family homes, duplexes, triplexes, and some four-plexes, ECON0l1hwest cannot estimate rental rates with available data. For owner-occupied properties, ECONorthwest does not have access to m0l1gage terms. To obtain information about the affordability of these units to low-income residents in Bremerton, a survey of each prope11y and each occupant would be needed in order to determine household size, income, and percent of income spent on housing costs (mortgage or rent and utilities) every month. ECONorthwest was able to use other forms of approximation to develop estimates for these 208 parcels, as well as the 144 condominium units. In order to complete the impact analysis as described in the LIFT application and RCW guidelines, ECONorthwest assumed that any unit, for which no information was available, could potentially be in a range consistent with other neighboring properties and be affordable to low-income residents, and therefore ECONOlthwest classified all 249 residential parcels and 787 housing units as unknown or low-income housing as defined by the LIFT application guidelines, to assume a conservative approximation. Not all housing classified as low-income/ unknown will be vulnerable to displacement because of redevelopment in the proposed RDA. Vulnerability to displacement will be discussed in the following section. In practical terms, the value and sale price of owner-occupied properties in Bremelton and in the proposed RDA is considerable, and although ECONorthwest is required by the LIFT application to classify properties such as owner-occupied single-family homes and condominiums as "low-incomel unknown," it is likely that these properties are not affordable to low-income residents. A survey of single-family homes sold between November 2007 and March 2008 in the immediate area (zip code 98337) showed that prices for these homes ranged from $105,280 to $375,000, with an average sale price of $200,000. Households able to purchase homes at these prices would probably not be considered "low income" under the RCW definitions.1 VULNERABILITY ECONolthwest conducted a vulnerability analysis to determine whether low-income residential properties are likely to be vulnerable to displacement because of infrastructure improvements and redevelopment in the RDA. The vulnerability analysis is based on the ratio of value of improvements (buildings) to land. An improvement-to-Iand ratio can be used as an indicator of the likelihood that a parcel will redevelop. The lower the value of improvements relative to the value of land, the more underutilized it is and the easier it is to redevelop (change). Not all, or even a majority, of parcels that meet any arbitrary threshold for being classified as "vulnerable" 1 Sale price survey conducted 011 www.zillow.comin May 2008. The survey only included recent sales within the immediate area (zip code 98337), not estimated values for properties currently not on the market. Exhibit E Ordinance No. 14 will redevelop during a typical planning period of twenty-five to thirty years. Redevelopment depends on market factors, public policy, idiosyncratic decisions of property owners as well as the visions, aptitude for risk and financial capabilities of developers. At the extreme, vacant land has no improvement value, and thus has no obstacles to redevelop: its ratio is O. For developed residential property in good condition, the improvement-to-Iand ratio is 2 to 4. In this analysis, we consider an improvement-to-Iand ratio of 1.0 to be an indicator of vulnerability to change: ratios less than one indicate more vulnerability. After calculating this ratio, we incorporated the homeownership status of the parcel into the analysis: if the property is owner-occupied, it is likely that the owner will experience positive impacts from redevelopment, infrastructure improvements, and associated changes. Infrastructure improvements and redevelopment in the RDA are likely to raise property values throughout the RDA, and are likely to have a positive impact on the value of owner-occupied properties such as single-family homes and condominiums. These properties are considered not vulnerable to displacement. Some of these owner- occupied units may be in excellent condition; others, because of deferred maintenance, may be in poor condition. Those units in worse condition are more likely to be redeveloped. Those owners will be able to sell the units and relocate with that revenue. In addition to the land-to-improvement ratio and the ownership status, ECONorthwest also considered the street appearance of properties in the RDA. City staff conducted a visual survey of properties and concluded that "In general, there is a uniformity of condition and deferred maintenance in the residential areas of downtown that supports the conclusions you have come to from your economic analysis approach and we did not note any additional items that should be factored in to the calculations." Thus, the visual survey did not add to the count of vulnerable residential properties. Table 9 shows the number and percentage of vulnerable residential parcels in the RDA. The table shows that there are fifty parcels in the RDA that ECONorthwest considers vulnerable to displacement because of pressures from the market during redevelopment. This includes three of the thirty apartment parcels. It also includes two duplex parcels, one triplex parcel and twelve single-family parcels because these parcels have low land-to-improvement ratios and are not owner-occupied. This does not mean that these parcels will be redeveloped within the twenty-five year period of LIFT authority, but it does mean that they are more likely than other residential parcels to experience redevelopment during that time. Exhibit E Ordinance No. 15 Table 9: Vulnerability of Residential Properties in the RDA, 2008 Type of Unit Single Family Condominiums Multi-Family Duplex Triplex 4-plex Apartment Total Multi-Family Total All Number of Parcels 162 11 Vulnerable Parcels 12 o Percent of Type 7% 0% 26 8 12 30 76 249 2 1 o 3 6 18 8% 13% 0% 10% 8% 7% Source: Kitsap County Assessor's data, summarized by ECONorthwest. Table 10 shows the number of units in the parcels identified as vulnerable in Table 9. Table 10 shows 31 units, or 4 percent of the residential units in the RDA, are considered vulnerable to market pressures from redevelopment. This does not mean that other units will not experience redevelopment during the period of LIFT authority; it does mean that these units are more likely to be affected by redevelopment than other units. Table 10: Number of Units in Vulnerable Residential Properties in the RDA, 2008 Type of Unit Single Family Condominiums Multi-Family Duplex Triplex 4-plex Apartment Total Multi-Family Units Total All Units Percent Vulnerable Number of Vulnerable Units 12 o 4 3 o 12 19 31 4% Source: Kitsap County Assessor's data, summarized by ECONorthwest. GROWTH ECONorthwest used PSRC single family and multi-family household growth forecasts (2009 to 2040) for two T AZ (#884 and 893) that closely overlap the proposed RDA. After discussions with Bremerton Community Development Planning staff, ECONOlthwest assumed that the RDA would capture 25 percent of the expected growth in single-family households and 100 percent of the expected growth in multi-family households in the two T AZ. Thus, between 2009 and 2039, ECONorthwest assumes the RDA will add 491 new housing units. The projected cumulative number of new housing units developed in the RDA is shown in Table 11. Exhibit E Ordinance No. 16 Table 11: Projected Cumulative Development of New Housing Units in the RDA, 2009-2039 Type of Housing 2009 2014 2019 2024 2029 2034 2039 Single Family 0 3 5 12 18 26 34 Multi-family Apartments 1 17 34 61 89 124 160 Condominiums 1 22 43 79 114 160 206 T ownhomes 1 10 19 35 51 71 91 Total Multi-family 3 50 96 175 254 356 457 Total All 3 52 101 187 272 382 491 Source: ECONorthwest. Currently, multi-family units (not buildings or parcels) make up about 61 percent of all housing units within the RDA, and single-family units make up the remaining 39 percent. Because of the trends in multi-family housing discussed in the residential market conditions, ECONorthwest believes that the current mix of housing units will continue to change towards more multi-family housing. That is, high-density housing of various types will dominate the housing mix in downtown Bremerton as it redevelops. According to Bremerton Community Development Planning staff, and in accordance with the national trends that ECONOlthwest has observed in various research projects, the growth in demand for multi-family housing will be strongly oriented towards condominiums, and less so towards apartments and townhouses. ECONorthwest assumes that the projected growth in multi-family housing units in the redeveloped RDA will be: · 45 percent condominium units . 35 percent apmtment units . 20 percent townhouses According to Bremelton Community Development Planning staff, it is likely that very few detached single-family homes will be constructed in the RDA over the next thirty years. Indeed, only 34 (or 7 percent) of the estimated 491 new residential units in the RDA over the next thirty years are expected. to be single-family units. Currently, the RDA has 787 family units. ECONOlthwest estimates that new housing development in the proposed RDA will increase by 62 percent (almost 500 units) by 2039. The construction of condominiums, apartments, and townhouses for residents of high and moderate to low income levels will create a greater diversity and supply of housing options in Bremelton. Despite the increase in demand, the analysis suggests that new housing will have a positive impact on the current housing price mix because it will increase diversity of housing options at all price ranges and meet, rather than exceed, projected demand. The impact on the value (and sale price) of existing single-family homes, condominiums, and townhouses would be positive. Increased development would raise property values throughout the downtown area, increasing the value of their investments and allowing owners to sell at higher prices when or if they decide to sell their properties. The impact to apartments will be different, but also generally positive. The number of apartments in downtown Bremerton will increase, with new units being more upscale than current apartment units. By charging higher prices for these higher-end units, they will not directly compete with the existing apartments. It is probable that some existing lower-end Exhibit E Ordinance No. 17 apartments will be redeveloped and, although the quality of downtown housing will improve, this may cause affordable housing options to decrease without City-sponsored affordable housing preservation. MITIGATION This section describes the City's plan to mitigate negative impacts to low-income households described in the preceding paragraphs. Although no housing units face immediate and permanent displacement as a result of the infrastructure improvements in the RDA, as the area experiences redevelopment it is likely that some of the existing housing units will be redeveloped. The analysis shows that most of the housing in the RDA is assumed to be "low-income" but determined to be not vulnerable to displacement. Approximately 19 units, or 4 percent of the total affordable multi-family units are estimated to be vulnerable to displacement. Although the economic analysis has not confirmed the number of affordable single-family units, it has identified approximately 12 single-family units that are vulnerable to displacement. This represents 7 percent of the total single-family housing units in the RDA. The City of Bremerton recognizes the importance of having an adequate supply of quality low-income housing in the downtown area. City leaders are most concerned with the displacement of people without means to find suitable housing, primarily those renting low-income apartments. The City has set a goal and taken steps to improve the mix of housing options to support the City's diverse needs and have set up pmtnerships and programs to provide assistance to those who may be negatively impacted by the redevelopment of downtown Bremerton. The City of Bremerton has met with various housing agencies to develop strategies for mitigating these impacts. Paltners in the City planning include the Kitsap Consolidated Housing Authority (renewal agent), Bremerton Housing Authority, Habitat for Humanity, and the City's own Community Development Block Grant program. The following programs represent several of those services and opportunities that the City has provided or which is provided through community partners - which can provide mitigation for housing impacts from the City's revitalization program: · Kitsap Consolidated Housing Authority (KCCHA). The City, in partnership with KCCHA, has made available new market tax credits provided by IRS regulation to preserve low-income options. · Bremcrton Housing Authority (BHA). The Bremerton Housing Authority works to identify, acquire and redevelop low-income properties and provides financial and technical assistance to low-income citizens requiring aid. BHA seeks to provide permanent affordable options and high quality management. · Zoning tools. The City of Bremerton has adopted a Sub Area Plan for downtown Bremerton and approved related zoning regulations. This plan and zoning Exhibit E Ordinance No. 18 encourages a diversity of housing options for low-income citizens, increases oppOltunities tor non-motorized transportation, and encourages growth of employment generating businesses within the downtown area to support and improve the quality of life in Bremelton's downtown. · City of Bremerton Community Development Block Grant. The City of Bremerton Community Development HOME Grant program identifies and allocates project funds to be used for the preservation and development of low- income rental housing. Grants are available through a competitive process and information and application forms may be obtained from the City of Bremerton's Department of Community Development CDBO staff or can also be found at the City's website -hup:/ /www.ci.bremelton.wa.us/display . php?id=788 · Property Tax Abatement for Multi.Family Housing. With the exception of the immediate shoreline area in downtown Bremerton, construction or renovation of buildings into condominiums and apartment buildings within the adopted Downtown Sub Area Plan boundaries (which includes all of the revenue development area) may be eligible for 8 to 12-years of exemption from City property taxes. With the longer exemption period of 12 years being provided to projects that include at least 20 percent affordable units. Information and application for exemption may be obtained from the City of Bremerton's Community Development Department. Exhibit E Ordinance No. 19 Brcmcrton City Council 34S 6th Street Suite 600 Brcmerton, \'Vashingtotl 98337 Rc: Public Hearing LlI:T Application Dear Councilmembers, 'l'his letter is to applaud the efforts of City Staff, the Council and the i\Iayor on the City's LIFT applica- tion, Unfortunately, I can't attend the June 4th hearing so my comments are in written format ; As a West Bremerton homeowner \vith great interest in seeing the City improve I hope each one of you puts your full support behind the city's bid for LIFT status. This is a great way to raise revenue locally with no new taxes, LIFT will help us continue Downtown's progress - by pulling up from our own boot- straps. Uew city governments in the state have the awareness, sophistication, and organization to pull off a thorough and sLlccessful LIFT application, Keep up the great work. / I am especially supportive of this LIFT application because it is the next step in a planned, strategic revi- talization strategy, which rests on broad-based public support. The three identified projects (Boardwalk, Pacific Ave., and the consolidated garage) were all called out specifically in the City's Downtown Plan and have been vetted and supported during many public meetings. But the strategy goes back even further to the City's 2004 Comprehensive Plan that called for downtown to be the "Metropolitain Center of the West Puget Sound"; and further yet to the 2001 Urban Renewal Plan that guided the already completed improvements these new projects will link seamlessly to. LIFT will help pay for targeted improvements to make downtown and the city as a whole far more eco- nomically viable and livable. The application is clearly in the best interest of residents and property own- ers, and I hope you support it, SinCerel~Y; /7 ! /1/, tflt~tr I . .~,,'! I ...." .... " /tti V f aJ e~JJd1' .:~ (~eoffrey \'(i'entlandt 131 5 Victoria ;\ ve,