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Home My WebLink About07/15/2009 AGENDA FiLE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 0 Phone (360) 473-5280 JULY 15, 2009 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 B. Minutes of Meeting - July 1, 2009 C. Minutes of Study Session - July 8, 2009 D. Reappointment of Joyce Davison to the CDBG/HOME Capital Committee; and the Appointments of Robbyn Myers to the CDBG/HOME Capital Committee, and Erin Wallace-Shephard and Holly James to the CDBG Public Services Committee E. Correction of Water Easements for Wright Creek Business Park for OLYMPIC PROPERTY GROUP F'. Contract Award to JCI JONES CHEMICALS, INC. for Sodium Hypochlorite Proposal for Westside Wastewater Treatment Plant G. Contract Award to NORTHERN CON-AGG, LLP to clean 28-inch Outfall Line on SR-304 H. Consultant Agreement with UNIVERSAL FIELD SERVICES for Real Estate Services to support Right- of-Way acquisition at 11th Street & Warren Avenue 6. PUBLIC HEARINGS A Public Hearing and Resolution No. 3095 to approve the Action Plan Amendment to the 2008 and 2009 Community Development Block Grant (CDBG) Funding Recommendations B. Public Hearing and Ordinance No. 5086 to approve the "Termination of a Three-Party Agreement" regarding Port Blakely Properties 7. GENERAL. BUSINESS A Interlocal Agreement between the City of Bremerton and Kitsap County for Road Access to Port Blakely Properties B. Ordinance No. 5087 providing for the issuance and sale of a Limited Tax General Obligation Refunding Bond of the City 8. COUNCIL MEMBER .REPORTS. 9. ADJOURNMENT Of CITY. COUN.CIL BUSINESS ME.ETING II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. ""m...1 "... ! r . .~. o<_.~~~*<,__j j ::~~~~~~~~10r:~, PROCLAMATION "'- WHEREAS, the Kitsap County Domestic Violence Task Force (KCDVTF) mission is to create a community free from domestic violence, and the goals are to promote both victim safety and perpetrator accountability through education of the Kitsap County community about domestic violence; and WHEREAS, the Kitsap County Domestic Violence Task Force (KCDVTF) collects, establishes, and maintains data on domestic violence with a Coordinated Community Response and domestic violence resources within the Kitsap County community by encouraging an'd supporting various agencies that work with domestic violence by advocating for legislative progress on issues as they relate to domestic violence; and WHEREAS, the Kitsap County Domestic Violence Task Force (KCDVTF) is a 501 (c)(3) non- profit community based, grass-roots organization (all gifts received are tax-deductible as allowed by law), and continually develops funding resources for our efforts in order to maintain and support services, training and education presentations within the Kitsap County community through both individuals and organizations that provide financial and in-kind donations; and WHEREAS, the Kitsap County Domestic Violence Task Force (KCDVTF) is indebted to the individuals and organizations that provide financial and in-kind donations so that we can continue to bring quality programs to the Kitsap community, and we pledge not to compete for grants with those agencies and organizations within Kitsap County that provide direct services to victims and their families; and NOW, THEREFORE, be it resolved that that I Cecil McConnell, Council President and Mayor Pro Tem for the City of Bremerton, do hereby proclaim Tuesday, July 28th at 5:00 PM "KITSAP COUNTY DOMESTIC VIOLENCE TASK FORCE (KCDVTF) 7th ANNUAL COMMUNITY PICNIC" and encourage all City residents to attend this free BBQ community-family event with clowns, face painting, food, fun, entertainment, and dunk tank ticket donations for various local individuals at Evergreen Park in Bremerton. ADOPTED this 15th day of July, 2009 CECIL McCONNELL, Council P esident and Mayor Pro Tem CITY OF BREMERTON 1111 Wellness Program Operating Plan & Timeline EMPLOYEE BEN E FIT Use this form to develop an annual plan for your wellness program. The form follows guidelines established for creating an AWC- T R U S T approved wellness program. This form is available at www.awcnet.orQ/wellness as a Microsoft Word document. You may type directly into the fields provided. Add rows in each table as needed. Program Year 2008 City/Organization Name: City of Bremerton Foundation: Wellness Coordinator/ Committee Chair Wellness Committee Members Wellness Program Mission Statement Program Goals Name Charlotte Belmore-Schmidt Felicia Brown John Bykonen . Pam Bykonen Scott Evans Brad Gehring Cynthia Engelgau Christine Grenier Peggy Lesser Chris Rotter Tim Sholtis Elaine Valencia Phone 360-473-5926 360-473-5304 360-473-5450 360-473-5202 360-473-5427 360473-5280 360-473-5425 360-473-5280 360-473-5302 360-473-5391 360-473-5277 360-473-5266 Email charlotte. belmore@ci.bremerton.wa. w felicia. brown@ci.bremerton.wa.us iohn. bykonen@ci.bremerton.wa.us pam. bykonen@ci.bremerton.wa.us Scott.evans@ci.bremerton.wa.us Brad .QehrinQ@ci.bremerton.wa.us Cynthia. enQeIQau@ci.bremerton. wa. u~ Christine. Q renier@ci.bremerton.wa. us PeQQY .Iesser@ci.bremerton.wa.us Chris. roUer@ci.bremerton.wa.us Tim. sholtis@cLbremerton.wa.us Elaine. valencia@cLbremerton.wa.us The City of Bremerton Employee Wellness Program encourages employees to lead healthy lifestyles by scheduling special events, incentive campaigns, and providing information on nutrition and physical fitness. Provide at least one activity per quarter. Promote physical, nutritional, and mental health through special events and incentive campaigns. Promote fun in the workplace. Increase employee participation. Continued support of Mayor, City Council, and management employees. COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD . r tsfl-vLJ ~(j..u. ~#!) f~vrt!Ljh.l4::: fie cL_C/02MJ K~~ k~ REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU Altn: Businesses Do you have a business in Bremerton, Poulsbo, Silverdale, Belfair, Kingston or Port Orchard? If you do, we are honoring our military personnel by displaying Blue Star Banners throughout these communities. Advertise your business and support our troops at the same time! ~/ \ \ \ \ \. IONI _~J.:._ r=---y-----i l.ellYIlI!ilRI!I, @I~ li!fL~J / ',- . /MARINE~' , / ~ BROTECTING OUR FREEDOM / ' t"'~lTh7" .1 YOUR BUSINESS HERE / To submit your name or another active military name please call Lynette George 360-440-6497 or visit www.kitsapbluestar.org ~~Blue Star Banner Program of Kltsap County ~ P.O. Box 841 · Seabeck, WA 98380 We Want to Honor YOU Attention Active Military: Is your home of record Bremerton , Poulsbo, Silverdale, Belfair, Kingston or Port Orchard? If it is, we are honoring you by displaying Blue Star Banners throughout these communities. MISSION STATEMENT: "BLUE STAR BANNER PROGRAM OF KITSAP COUNTY" Strengthens, supports, and enhances the patriotism in Kitsap County. To submit your name or another active military name please call Lynette George 360-440-6497 or visit www.kitsapbluestar.org J:-m7'IN--r-; '-1 u. . ''''~_.A_,,=~! ,SI\1l1~IfI'i \_~~ ~ '- ~ ' // MARINE .~ . / ~~ // "'" "PROTECTING OUR FREEDOM' ~'ill\7.. . Blue Star Banner Program of Kilsap County *"~ P.O. Box 841 · Seabeck, WA 98380 ~ DATE SUBMITTED: 7/15/2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A ...........................................................................................1 SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: July 15,2009 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: 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: ~;;;J C;;;; ~~~tP CONSENT AGENDA [g] GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: 1) Check #'s 332612 through 332763 and EFT's 8914 through 8952 in the amount of $4,027,734.39. 2) Regular Payroll for the pay period ending June 30,2009 in the amount of$758,427.28. COUNCIL ACTION: ~ Approve D Deny D Table D Continue D No Action DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 58 ........................................................................................ SUBJECT: City.Council Meeting Minutes fo~ meeting of JV\"( (.- looCf Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A Tvlt 15, 2,.009 City ouncil Cecil McConnell Council President (360) 473-5280 Phone: SUMMARY: Attached is a summary of the City Council Meeting held :r c.J l Y I, 2 00 cr ATTACHMENTS: Meeting Minutes for :r v \ l.f I, .2..00,,/ 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: N/A ~t;Y:'qdL CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve .0 Deny 0 Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, July 1,2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, Jul~ 1, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6t Street, Bremerton, Washington, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Council Assistant Christine Grenier. A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved to the First Floor Meeting Chambers. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Pastor Larry Robertson of Emmanuel Apostolic Church. MAYOR'S REPORT - There was no Mayor's Report tonight... PUBLIC RECOGNITION & ANNOUNCEMENTS Dianne Robinson announced that the hotdog vendor downtown will be offering free hotdogs tomorrow in recognition of his birthday tomorrow! Roy Runyon announced that Olympic College would be offering an Environmental Studies Certificate/Associate in Technical Arts Degree, and to contact Pat Lyons, Professor & Technical Programs Advisor at (360) 475-7533 for more information; encouraged first time home buyers to apply to the Mutual Self-Help Housing Program which offers affordable loans and down payment assistance. For more information, contact the Kitsap County Consolidated Housing Authority at (360) 535-6139 or visit www.kccha.orq; also announced that there will be live music beginning July 8, and running each Wednesday until September 23 from 11 :30 AM to 1 :30 PM at the Norm Dicks Government Center in the Olympic Promenade; and invited the public to attend the Chamber of Commerce sponsored "Eggs & Issues" Mayoral Candidate Forum to be held next Tuesday, July 7 beginning at 7:30 AM at the Cloverleaf Bar & Grill at 1240 Hollis Street. Brad Gehrina invited the public to attend the First Friday Artwalk on July 3 beginning after 4:30 PM in downtown Bremerton. Katrina Folkerson, Member Services Director of the Kitsap Family YMCA, announced that the Co-Ed Grade School Soccer Program begins on July 13 with practices to be held on Mondays and Wednesdays; Teen Late Night will continue to be held every Friday; the Splash and Jam program is ongoing; and the YMCA will be closed on July 4th. Jeff Elevado, with Parks & Recreation, announced that the Carnival in the Park program will be held from 12:30 to 2:30 PM on July 10 at Haddon Park, on July 17 at Manette Playfield, on July 24 at Armin Jahr Elementary School, on July 31 at Matan Park, and on August 7 at Evergreen Park; the Summer Playground Program will be held Monday through Friday from June 29 to August 7 from 10:30 AM to 2:30 PM and includes a free lunch at 11 :30 AM at the same locations as the Carnival in the Park program; the Summer Concert in the Parks Series will be held on Tuesdays - July 28, August 4, and August 11 from 6:00 to 8:00 PM and in conjunction with the Farmers Market, there will be a Concert and End of the Summer Beach Party on Thursday, August 27. Please contact Parks & Recreation at (360) 473-5425 for more information on any of these events. Tracey Williams invited residents to the Independence Day "Rock Out" Concert & Block Party on Saturday, July 4 from 12:00 to 8:00 PM to benefit Matan Park. For more information, please contact Tracey at (360) 377-3763 or (360) 340-7558. Jason Halsey announced that the Annual Kitsap Pride Festival will be held on Sunday, July 5 at Evergreen Park. City Council Reg. Mtg. Minutes Wednesday, July 1, 2009 Page 2 of 5 CONSENT AGENDA A. Check Numbers 332363 through 332611; and EFT-8870 through EFT-8913 in the amount of $2,158,780.10; Regular Payroll in the amount of $737,765.27 for the pay period ending June 15, 2009; and Retiree Payroll in the amount of $81 ,533.75 for the pay period ending June 30,2009. B. Minutes of Meeting - June 17, 2009 C. Minutes of Study Session - June 24, 2009 D. Authorization of Car and Expense Allowance for Mayor Pro Tempore E. Contract Award to SOUND EXCAVATION, INC. for Construction of Lafayette 8-lnch Water Main Extension F. Contract Award to SOUND EXCAVATION, INC. for Construction of 2008 Water Main Improvements at Union Avenue and Hilltop Lane G. Resolution No. 3092 approving and authorizing a Sole Source Contract for purchase of individual E- one Grinder Pump Stations for the "Gorst Sewerage Project" H. Purchase of Easement from Raymond Gardner, Greg Hunt, and Joan Hunt for Pump Station SB-4 and associated Sewer Mains as part of the "Gorst Sewerage Project" I. Resolution No. 3094 approving and authorizing a Sole Source Contract to Pipe Experts, LLC for rehabilitation of the downtown Pacific Avenue sewer lines using Trenchless Cured in Place (CIPP) and "Inner Seal Technology" There were no questions or comments from the public.. . 05:43:50 M/S/C (Runyon/Robinson) Move to approve the CONSENT AGENDA as presented. Voted for motion: Gehring, Brockus, Runyon, Shepherd, Robinson, Arends, Maupin, Wofford Abstained: McConnell Motion carried: 8-Yes; 1-Abstention GENERAL BUSINESS 6A - REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION BETWEEN THE CITY OF BREMERTON AND EMMANUEL APOSTOLIC CHURCH FOR THE SALE OF PROPERTY AT 807 8TH STREET (8TH STREET & PARK AVENUE): Gary Sexton, Economic Development Projects Administrator, emphasized that staff is recommending that the City sell the property at 807 8th Street (8th Street & Park Avenue) to Emmanuel Apostolic Church for the total purchase price of $400,000.00 including earnest money, payable on closing. Pastor Robertson believed that this purchase is an opportunity that will allow Emmanuel Apostolic Church to build a facility that will ultimately benefit the community. He added that the church has been part of the neighborhood for over 30-years and he looked forward to continued partnership with the City of Bremerton. There were no comments from the public... 05:50:08 Motion was made and seconded, and discussion by Council Members continued... Roy Runyon expressed concerns about the proceeds being moved to the Contingency Reserve rather than the Public Safety Fund, but also acknowledged the City's current financial status; and encouraged the Pastor to consider other properties for sale for future projects. Mike Shepherd offered his support and looked forward to the energy that this type of facility would provide to the neighborhood and community. Brad GehrinQ commended Pastor Robertson for his successful efforts in the community, and offered his support even though the City is not making as much as it would like on the sale. City Council Reg. Mtg. Minutes Wednesday, July 1, 2009 Page 3 of 5 Will Maupin offered his support and believed this is a great location but would have preferred the Municipal Court to be located there. Carol Arends offered her support and was pleased that Pastor Robertson has persevered in bringing his ideas forward. 05:55:23 M/S/C/U (Arends/Shepherd) Move to approve the Real Estate Purchase and Sale Agreement with Earnest Money Provision between the City of Bremerton and Emmanuel Apostolic Church for the sale of the property at 807 8th Street for the purchase price of $400,000, and authorize the proceeds to go to the Contingency Reserve Fund, and authorize the mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. PUBLIC HEARING 7 A- RESOLUTION NO. 3093 TO ADOPT A MASTER PLAN FOR REDEVELOPMENT AND FUTURE IMPROVEMENTS TO LIONS PARK: Wyn Birkenthal, Parks & Recreation Director and Colette Berna, Parks Planner explained that the action before Council is to conduct a public hearing and adopt a master plan to guide phased redevelopment of Lions Park. The Plan is based on a 2009 park improvement survey, meetings with individual user groups (Olympic College, Bremerton School District, Lions Club, and Sustainable Bremerton) and three advertised public meetings sponsored by the Bremerton Parks Board. The proposed parks plan is consistent with the 2007 Long Range Park and Open Space Plan, Bremerton's Comprehensive Plan, and the goals contained in the Governor's Puget Sound Initiative. A Power Point@ presentation was made to provide further details on the plan. President McConnell opened the public hearing... Mike Hyatt, President of the Bremerton Central Lions Club, read a statement supporting the proposed plan and emphasized that the Lions will be contributing $50,000 towards the improvements. Jason Halsey suggested the addition of more barbeque pits. David Denton has been impressed by forward thinking by City staff; and was pleased that the changes would translate into reduced stormwater run-off and pollution. Richard Nerf, member of the Parks & Recreation Commission, commended Parks staff for their incorporation of ideas and for the quality of the plan; and urged the Council to support the plan. John Thomas asked about the gazebo at the end of the Trenton and hoped it can be repaired and rebuilt. Mike Peterson past President of the Bremerton Central Lions Club, thanked the City Council and Parks Commission for including Sister City Kure in the plan through inclusion of the cherry tree grove concept. Fred ROQerson past President of the Bremerton Central Lions Club, encouraged Council to consider building a boardwalk from the south east end of Lions Park to Lents Landing in the future. Sherry Kanode thanked the Parks Department for an outstanding job both in the public process and in plan development; and would like to see more community buy-in in supporting and caring for the park. President McConnell closed the public hearing. . . 06:25:42 Main Motion was made and seconded... Discussion by Council was opened... Dianne Robinson commented that the proposed plan is excellent including the walking trail and alternatives for the future; thanked Bremerton Central Lions for their donation, and thanked Parks Staff Colette Berna for her hard work on the plan. City Council Reg. Mtg. Minutes Wednesday, July 1,2009 Page 4 of 5 Mike Shepherd also thanked Colette for incorporating community comments into this complex project and responding to the technical aspects of the project; recalled the transformation at Evergreen Park, and hoped that a similar neighborhood transformation will occur around Lions Park. Adam Brockus also thanked members of the Lions and the community who participated in the process; and asked for an update on Bachm,an Park. Wyn Birkenthal answered that the permits are in hand to re-pour pilings for the gazebo at Bachman Park, and that the Bremerton Rotary will help refurbish that area by the end of the year. Brad Gehrinq stated that this plan is the logical progression in the evolution of the park and was pleased with permeable pavement option; however he was concerned about the current configuration of uses and hoped that the plan will correct that. Carol Arends complimented the Lions Club for the park and all of the projects in the community. Will Maupin thanked the Parks Department for seeking grants so that these improvements can be made without raising taxes; and commented on how pervious pavement has already been used throughout the City and that will be used on Pacific Avenue. Roy Runyon looked forward to this project, and thanked the Parks staff, but asked if there is a timeline for the project. Collette Berna answered that construction could begin in April 2010 with completion estimated to be during the spring of 2011. Mike Shepherd asked about handicapped access. Mr. Birkenthal responded there will be parking by the boat launch and throughout the park, and everything will be ADA compliant due to grant requirements. 06:38:09 M/S/C/U (Gehring/Runyon) Move to approve Resolution No. 3093 adopting a Master Plan to guide the redevelopment and future improvements to Lions Park. Council Members recessed at 6:38 PM for a 15-Minute Executive Session which was extended by 5 minutes. The meeting was reconvened at 7:07 PM... EXECUTIVE SESSION 15-MINUTE EXECUTIVE SESSION TO DISCUSS "POTENTIAL & PENDING LITIGATION" PER RCW 42.30.110 (1 Hi): City Attorney Roger Lubovich asked Council to approve this action. 7:07:56 M/S/C/U (Maupin/Brockus) Move to approve amendments to Port Orchard's Comprehensive Plan as presented and authorize the City Attorney to finalize the settlement in the manner of City of Bremerton v. City of Port Orchard, Cause No. 09-3-0003. COUNCIL MEMBER REPORTS Brad Gehring announced that the monthly Car Cruz will be held on Tuesday, July 7 at 6th Street & Pacific Avenue; was amazed by the Sprinkler System demonstration that he attended last week at Bay Vista (formerly Westpark); and encouraged the public to be careful and considerate during the 4th of July Celebration with fireworks. Adam Brockus encouraged support of local fireworks stands; announced that the legal discharge of fireworks is only from 11 :00 AM to 11 :00 PM on July 4; also announced that the Manette Neighborhood Association will be making some hill climb improvements at Trenton Avenue and East 11th Street with a Grand Opening planned on July 18; and lastly, Manette Fest will be held on Saturday, September 12. Roy Runyon asked that people be good neighbors by not burning trash and construction debris, and to call 911 if there is illegal burning to ensure there are no hazards to structures and to limit air pollution; reported on a Neighborhood Mayoral Forum he hosted last Tuesday; and encouraged attendance at the "Eggs & Issues" Mayoral Candidate Forum to be held next Tuesday, July 7 at the Cloverleaf Bar & Grill. City Council Reg. Mtg. Minutes Wednesday, July 1, 2009 Page 5 of 5 Mike Shepherd announced that Bremerton will be hosting the Senior Games on July 11; and invited the public to attend the 10th Annual District 5 Picnic on July 25 where Mayor Pro Tem and Council President Cecil McConnell will be master chef and there will also be a pet costume contest and presentation by the Youth Academy. Dianne Robinson encouraged people to attend the 1st Annual Independence Day Concert and Block Party to be held on July 4 at Matan Park located on Bloomington Avenue. There will be food, music, and games; and wished everyone a Happy 4th of July. Carol Arends thanked people who thought of her while she was away for surgery; appreciated the work going on in Bremerton; and encouraged people to get outside and enjoy the parks during the nice weather. Will Maupin also attended the sprinkler demonstration and found it amazing how fast fire spreads without sprinklers; attended a Victory Celebration a few weeks ago for the YMCA Strong Kids Campaign to support Teen Night and Splash & Jam programs. Nick Wofford mentioned his attendance at the Association of Washington Cities Conference last week in Spokane; reminded citizens that their recommendations and ideas are taken seriously, and encouraged them to participate in the public process. With no further business, President McConnell adjourned the Council Meeting at 7:22 PM. Prepared and Submitted by: fL- - ~ ~ r CHRISTINE GRENIER Council Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DA TE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5t.. ........................................................................................ Committee Meeting Date: N/ A COUNCIL MEETING Date: ~'d 1 ~ I 2oo~ Department: City ouncil Presenter: Cecil McCOlmell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held :r u 1'1 g I 200 q . SUBJECT: City Council Meeting Minutes for meeting of T", ('f 9 l .2.0 ocr A TT ACHMENTS: Meeting Minutes for ::r lJ ( '1 g) .2.. (:] t:>q 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: N/A ~j(;y:',-,ut/ CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENQED 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, July 8,2009 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, July 8, 2009, at 5:00 PM, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Legislative Assistant Lori Smith was present to provide staff support. ( President McConnell emphasized that the Study Session was open to the public, however 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. EXECUTIVE SESSION - A 35-Minute Executive Session was held to discuss "Pending Litigation" and "Potential Litigation" per R.C. W. 42.30.11 O( 1 )(i) - Mark Koontz, Assistant City Attorney; and Thelma Swem, Risk Manager (Began as a 15-Minute session that was extended by 20-minutes) B. NO DISCUSSION PLANNED - The following items 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 Joyce Davison to the CDBG/HOME Capital Committee; and the Appointments of Robbyn Myers to the CDBG/HOME Capital Committee, and Erin Wallace-Shephard and Holly James to the CDBG Public Services Committee - Mayor's Office; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Consent Agenda 2. Correction of Water Easements for Wright Creek Business Park for OLYMPIC PROPERTY GROUP - Michael Mecham, City Engineer; and Brad Gehring, Public Works Committee Chair Consent Agenda 3. Contract Award to JCI JONES CHEMICALS, INC. for Sodium Hypochlorite Proposal for Westside Wastewater Treatment Plant - Pat Coxon, Wastewater Treatment Plant Manager; and Brad Gehring, Public Works Committee Chair Consent Agenda C. FULL DISCUSSION ITEMS 1. Proposed public hearing and resolution to approve the Action Plan Amendment to the 2008 and 2009 Community Development Block Grant (CDBG) Funding Recommendations - Marie Vila, COBG Administrator; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Public Hearing 2. Interlocal Agreement between the City of Bremerton and Kitsap County for Road Access to Port Blakely Properties - Roger Lubovich, City Attorney; and Will Maupin, Public Safety, Parks, & Planning Committee Chair General Business 3. Proposed public hearing on ordinance to approve the "Termination of a Three-Party Agreement" regarding Port Blakely Properties - Roger Lubovich, City Attorney; and Will Maupin, Public Safety, Parks, & Planning Committee Chair Public Hearing 4. Proposed ordinance providing for the issuance and sale of a Limited Tax General Obligation Refunding Bond of the City - Andy Parks, Financial Services Director; and Nick Wofford, Finance Committee Chair General Business 5. Distribution of Budget Schedule - Andy Parks, Financial Services Director; and Nick Wofford, Finance Committee Chair Information Only 6. Contract Award to NORTHERN CON-AGG, LlP to clean 28-inch Outfall Line on SR-304 - Michael Mecham, City Engineer; and Brad Gehring, Public Works Committee Chair Consent Agenda City Council Study Session Minutes Wednesday, June 24, 2009 Page 2 of 2 7. Consultant Agreement with UNIVERSAL FIELD SERVICES for Real Estate Services to support Right- of-Way acquisition at 11th Street & Warren Avenue - Michael Mecham, City Engineer; and Brad Gehring, Public Works Committee Chair Consent Agenda 8. Update on Pacific Avenue Improvement Project - Phil Williams, Public Works Director Information Only President McConnell adjourned the Study Session at 7:40 PM. Prepared and Submitted by: rh8zL< ~ LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DATE SUBMITTED: June 25, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D ..........................~............................................................. SUBJECT: Appointments to the CDBG/HOME Citizen Advisory Committees Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: ::J"v I Y g, ~oo'1 J" v I Y {S-, :;2...00 'f Executive -- 473-5266 SUMMARY: The following individuals need to be appointed or reappointed to the CDBG/HOME Citizen Advisory Committees: Reappointment: Joyce Davison - CDBG/HOME Capital Committee, West Bremerton, term 1/1/09-12/31/2011 New Appointments: Robbyn Myers - CDBGjHo/rJ€ Ctc.pHd Committee, At-Large, term 1/1/09-12/31/2011 Erin Wallace-Shephard - CDBG Public Services Committee, At-Large, term 1/1/09-12/31/2011 Holly James - CDBG Public Services Committee, East Bremerton, term 1/1/09-12/31/2011 ATTACHMENTS: Applications for appointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: rJlA- tJlA Nl} ~~ ~~~~f/ $~ . . ."~/ -~ CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to confirm the reappointment of Joyce Davison to the CDBG/HOME Capital Committee and the appointments of Robbyn Myers to the CDBG/Home Capital Committee, Erin Wallace-Shephard to the CDBG Public Services Committee and Holly James to the CDBG Public Services Committee. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: June 30, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5t ........................................................................................ SUBJECT: Correction of Water Easements for Wright Creek Business Park for Olympic Property Group Committee Meeting Date: July 8, 2009 COUNCIL MEETING Date: July 15,2009 Department: Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The Plat of Wright Creek was recorded in December 2007. In reviewing the project as-builts for the new water main, it was noted that the main was not placed in the easement provided. There are several elder easements no longer needed as the development had relocated these water mains into the new streets within the plat. The owner requested the City to extinguish these easements and would complete all documentation necessary to do so, along with dedicating a new easement encompassing the location of the water main on Lot 3. ATTACHMENTS: 1. Council Summary; 2. Water Easement and Relinquishment of Existing Water Easements. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the correctionofthe water easements for Wright Creek Business Park and authorize the Mayor 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 COUNCIL SUMMARY Correction of Water Easements for Plat of Wright Creek Summary The Plat of Wright Creek was recorded in December of 2007 (Volume 32 of plats, Page 146), with construction of the plat improvements following shortly thereafter. In reviewing the project as-builts for the new water main, it was noted that the main was not placed in the easement provided for it across Lot 3. In conversations with the property owner to address this discrepancy, it was noted that several elder easements as well were no longer needed as the development had relocated these water mains into the new streets within the plat. The owner requested the City to extinguish these easements and would complete all documentation necessary to do so, along with dedicating a new easement encompassing the location of the water main on Lot 3. Fiscal Summary Cost for completing this effort is several hours of staff time to review the documentation to be recorded and recording costs. The owner is responsible to complete all documentation, mapping and surveying necessary to complete the correction of the easement and extinguishing of the elder. Correction of Water Easements Council Summary AuditorlRecorder's Indexing Form Document Titles(s): Water Easement and Relinquishment of Existing water easements Reference Number(s) of Documents assigned or released: Water main easements as created by said Easement under Recording No 88019, 9205140196,200712040199 and water easement across lot 3 as shown on the Final Plat of the Wright Creek Business Park Phase 2 under Recording No 200712040199 to be released. Grantor(s): 1. West Hills Development, LLC 0 Additional names on page of document. Grantee(s): 1. City ofBremerton 0 Additional names on page of document. 0 Legal Description: Lot 3 of Plat of Wright Creek Business Park Phase 2 Recording number 200712040199 and That portion of the NW Y<t of the NE Y<t lying West of3rd Street and situated in Section 28, Township 24 North Range 1 East, W.M. Assessor's Property Tax Parcel/Account Number: 5549-000-003-0004 282401-1-086-2000 282401-1-085-2001 Project Name: Wright Creek Business Park Water Easement THIS INSTRUMENT made this day of , 2009, by and between West Hills Development, LLC (hereinafter "Grantor") and the City of Bremerton, (hereinafter "Grantee"). WI1NESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, do by these presents grant, bargain, sell, convey and confirm forever unto Grantee, it's successors and/or assigns, an easement for water utilities, with necessary appurtenances, over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows: SEE EXHIBIT "A" AND "B" ATTACHED Grantee shall have the right, without prior institution of suit or proceeding at law, at times as may be necessary, to enter upon the above-referenced property and immediately adjacent incidental areas with the necessary equipment for the purposes of altering, installing, operating, maintaining, extending, constructing, repairing, and reconstructing the utility/utilities, or making connections to that system, without incurring any legal obligation or liability; provided, however, that the private improvements existing within this easement area and the immediately adjacent incidental areas shall not be disturbed or destroyed, or in the event they are disturbed or destroyed, they will be replaced in as good a condition as they were immediately before the properties were entered upon by the Grantee. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place any trees, large shrubs or any other objects on the property described in this easement or the immediately adjacent areas in a manner that would interfere with Grantee's use of the easement. This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. Relinquishment of Easements Together with recoding of this easement, the Grantee shall hereby relinquish and extinguish the following recoded easements as follows. WHEREAS The City ofBremerton and West Hill Development, LLC. have a common interest to relinquish all rights and interest and terminate the water main easements as created by said Easement under Recording No 88019, 9205140196, 200712040199 for the purpose of removing the encumbrance to the land, NOW, THEREFORE, upon execution of this agreement by each party, The City of Bremerton and West Hills Development, LLC. make no further claim(s) of the right to the aforementioned water main easement and hereby relinquish all rights and interest and terminate the following easements. 1. Kitsap County AFN #88019, recorded August 21, 1917, an easement for a "Pipeline" as described in the attached document as Exhibit "e" 2. Kitsap County AFN #9205140196 recorded May 14, 1992, an easement for a "Pipeline" as described in the attached document as Exhibit "D" 3. Plat of Wright Creek Business Park Phase 2 Recording Kitsap County AFN #200712040199 recorded December 4,2007, a 15 foot wide water easement across lot 3 of the Plat of Wright Creek Business Park Phase 2. IN WI1NESS WHEREOF, The parties have entered into this agreement on the day and year fIrst above written City ofBremerton Date: West Hills Development, LLC. Date: Representative Acknowledgement STATE OF WASHINGTON ) ) SS COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she./they) signed this instrument, on oath that (he/she/they) was were authorities to execute the instrument and acknowledged as the of (name of authority eg officer trustee etc) (name of party on behalf instrument was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument SUBSCRIBED AND SWORN to me this day of ,20_ Notary Public in and for the State of Washington, residing at: My appointment expires: Representative Acknowledgement STATEOFWASHINGTON ) ) SS COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she.lthey) signed this instnunent , on oath that (he/she/they) was were authorities to execute the instrument and acknowledged as the of (name of authority eg officer trustee etc) (name of party on behalf instrument was executed) to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument SUBSCRIBED AND SWORN to me tIns day of ,20_ Notary Public in and for the State of Washington, residing at: My appointment expires: Exhibit A New Easement Description F or Water Main Easement I I I I I ; I j I I f I I i 'Olymplc- Property Group Job 'No. 528"01-3-006 Janualy 6. 2U09. 'EXHIBIT aA~ EASEIIOENT DES~RJP110mtF€)R WAT.ERlINE ~$.EMENT ftrat'p"CiJ'tiQn ;:otLot ,3. '()fWrigh(O~e.e~ a[J~if1e~sJ~a:tk:.P.l'l~s~'Qi I'f:l:c~r~~.c! i!:l t'~~t1I)'l.e Sf!,.. Pages "j.401fireugh 149 of Plats, under. Kltsap'CQunty Jl;udJtQr'p Ale N0..20o.1l204.0t~9, b~iJ:l.g a'1"j)..tootwlde.smp, lying 10 feet westefly and 5ieat .easte~ of the following oes~rli:Jei:f ce.ntetlln~: ,COMMENCING at tITe most s0utherly comer ot above described lot 3; TH@\lct='eastfiltly'al.on,9. tl1esout[ir.Jfne pf'sejld tot '3, 5.'P8'fSef.along, 'fhe'arc, of .e. riOA- .f!3!1.9~ift.G~I1!~ tQ the ri!J.h~ haVlng'a.-raqluS'.of40m;OQ.feet !h.e radius. polh't:ofWhieh bears S:5Gofl~'37" Ej'through a central angle ofBOo49'Q3" to the TRUE POINT ofB~G!NNltsJG; THENCE N 48027'45" W, 10.17 feet; TIiE~GEN 64'02~1. W, 215.891eet; THENCE:N 41 039'14~ W; 10.49 fe,et; 1HENGE."N'32~23'1 0' WI &5.05 'feet; ::." ." . WENtE N 28D52'16' W, 3.3.58,feet; THENGE :l'il: :t g050!46' W, z1Q.Eia.teet; THENCE N 00~26'54" W, 56.62 feet to the nOrtherly !fne ofsateI Lot a AN8 :1he -termln.us af said easemeJit'Ge.nteJ.iin~. Note~ The.sidellnes of.said.strlp .are to be'.len.g!hened orshortanecl.as n"ecessary lo' h~gln .on the ~outhei'ly-line of said Lot 3 and 10 -tenninate on ,tJ:re nortn9tlY.llne Of $arcl LGit.S; ~3'lS rsl w.y S-OUIIi 'Sulla zao 'Fodor_t. W~r. W~ 90003, TallZS31 0306113 Fox IISlI 03Q 11 Dr, Toll Fro. IDDDI 3(,5 56V~ Bolholll~2!i1 4'15 AHA www.llsmclvJt.cllln Civil Enoln'o,."'oO PrbJ." Mon.glrmanl ,L.JU1 Su rvaylno LQ~i~ .p,lpnnJng PUblic Yli:!rtiJ;. L11'ui&'C'lip~ lipehiltrtlpr~ OlympIc Property Group January 5,2009 Page 2 EXCEPT any portIon lying within Lot 2 of said Plat Situated In the City of 8remerton, Kitsap' County, Washington See attached Exhibit "B", Written by: M.R.S. Checked by: J.P.c. J:IESMoJOSS1628113IDocumenllLegaf-(l2S.doc II?/D~ Exhibit B New Easement Map F or Water Main Easement EXHIBIT B TO ACCOMPANY LEGAL DESCRIPTION FOR WATERUNE EASEMENT A PORTION .OF THE SW 1/4 OF" SECTION 21 AND OF THE NW tj4 OF SEcr/ON 28, TWP. 24 N., RGE. 1 E.. W.M., CITY OF 8REMERTOf\l, KITSAP COUNTY, WASHINGTON \ \ \ \ n 'fl' - \ '\' ~WATERUNE: EASEMENT , , PER fiNAL PLAT , ., I~ \ ,~~ I I PLA, OF WRIGHT CREEK , " BUSINESS PAro{ PHASE .2 \~~\ RFLOfWM ~~~D113J40~O .\ \~.. " ,\ " "- ~':::""- ......~~"""~ ~!lt..~.... "~.:",:~ II .~~ II CENTERUNE OF .~. WATERUNE II EASEMENT Il 2 \\ \\ \\ .4 6 SCALE: '''=100' ~ CONSULTING ENGINEERS LLC 339151 sr Way 50uIh 11200 I.. 1 .. I ~ I Federal Way. WA saoca JDlOW..\tAY" ~ DJ&.ollrl:& www.esmcivil..com :Ra:~ l&J ~tm: ~~JI;n~r:1n9 10.11 SUlVOylng PloJcCl )JDDllgcm.alll JOB NO. 528-01.3-006 DRAWING NMl!::: SR-16 DATE : JANUARY 5. 2009 DRAWN : JPC SHEET 1 OF 1 L'clIld P'DMlng LondJ:eopa A1..hUaz::lut'D Exhibit C Existing Water Main Easement AFN 88019 ,/ a,I' ;" No. IlR019 r - 'hitl>l;." l! [11 ::1).:J:p'ln1' J r' 1'16 P"jfJlU 1 . -rf). IlJlIlTIIUJulJl !:Ill' '111 !11 t "nil ..~!~ ';. of !fI.:l PoIlU Jlll:r ". l!ll" uJt,'I':'J III'" \ '1-'. Ach'lI .11I1:r D, U'l'1 :..:' of 3:-ll'lqu~ I; Oil. I """ ". · :ll. 1!l17 :-anlll1.plll IIOTU' p~ tllo third AI1:l.!l 1'. M ::. '11.. Ut..:\.N"rIUltt .. CU""",urnrlliJl.. .s 1.00 . J:ir.!lllllUlt" i:'.r.lj.ll~CIl). Q :l'lnhl; -Df.llll:t 0';/J'7 !;IID h'Il'I)!nr1nf.'l' 1\.)Il. , Ilrti~ :- "/1. .11.1: p,u.f.t:1.Ll.lant 1Yl,:Uh M ILUO~Y t:bll IllDciJ,lf.1 of--r; pjllll liulI alln rll- :'l!r1ur.. {If J!.U!:Ig.. II.'.\.. .'llW 11.ml tD. bit lMIl!lI1.d liB !o1.: DoOm. a..t /l. 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';:1,. :eol. lul. :'".li f>ll2.JJD..t.t;A. );,0 tIll! &..~.. of lItl. c:urVIl. tb. g. 60~ lli~ ~. UOD ~. I ba e. lll!t:,:ln o~ :0;11' 1!Ol"t :Jllll:alg~. Jl~D)1<l:rtlf * l;hu ~. U.1l1) 0:1: OlD ;ur~!l!! ;:~..Y. In::d _l~ .. .::tHt U~!1"lQ n11UI Hr"g 'l,PJlIlt iQ.n h-linr, ttlj.lI'~l1\ ll~ k:l\l ~;..I::...~ llf ;F- l;; l1nd ~iHI y co! ;;.jI,~;.e .17'::- :;!!- :lr .r~ :~rj :1- !L- 1 'x' i, %:. ~111J Ollun."l!Jnt !m .mmlnull ill ~O:::1I1 np Lola,! Ill! :;1\'1 l!d. i1r1f;,u: J1':'~'1o' ":11'1" 'm! I!rpd. f:lf ';il\! !1!~r:Ul!:~ of 'lln."~;tllll\ "'I';'IT r'l' L311JU!l!Jl!!l p'!Jrp~I'. "r. ii-:: .tlDl11:P:tl1u: iill.tar :for 1~U:11';11I!l.l pUr.POI:Ull 01~ !oJ! lUlU D ~ t.JlIl..P.:\lI~llt : ;Wl~. :..:..::;,1 ,"!nrl1.. ?ort 1111'lJ:lJly \;111 ':ol:qllullI, .1411 John \I." i.jl\l'~'j-r+"nr'Un~~" - --. . . 1hto~ \l~ J:)"~'IIIl.!r\bl.J \,,"1;. 1..,01lr.,', . . . ........_1"........,........ ACI{NOWI~Ii:D()Mr.tNT . lJr :/nllil. . County 0/ JUII/l . lIS a~roro [nl~l! 11 I.. mlm.lJlltb!llil. 11. ~. ;tlnl.l ~o. Ipr>h. Exhibit D Existing Water Main Easement AFN 9205140196 ~ I~ fiil\\ .~ ii: \ \ . - ...... .-..- . ..... .------....... \ uumKITSAP CllUl~~ STC Fllw-lll: BTBIART TITlE CD tIA T I ~I 199:l. 2: ~ PH KARElf mNIf, AUDITOR LtElII\: VEfJESliY AMI=.IJI:: 9205'i40196 EASEMENI~EEL 0647 FR 20.25 lHE GRANTOR, Pupa Resources, aDelaware Limited l'i1r1neJ5blp, for good and valUllble conslderatioD. recelpl or which is bllreb.l' atknow)edged, does hll.eby granlto !be City DC BremerlDD, a munfclpall:orpDl"llIIOD Dr the Stale oC WllSbinglOIJ,. an easemenl of 3D fecI, located nl 15 felll of eilner side or !he cenler line or lire enlire length of the wsler transmission main as depicted in Bllbiblt/"A-, UpOb, Ibrllugh and unoer!he following Jands in Ki\&ap COllnty, Slale DrWasbrnglon,lo wit: TIml porlion oC!be NW JA oC 111sNE '" lying West of 3rd Strllel and sitllaled In Section 28. Township 2.4 Norlb, Range 1 East. W.M., GranU:illihnllllave the right to enler upon said premi5~ Bnd 11I1l,plln up said pipeline, OJ any parllbereor. fortbe puIposc- c.E mainlainiDg,repalrlDg or renewing lhe SaIne as llecesioD mil)' require. The granting of Ibls eesement shall be. binding upon the !!)lecnlors and sssigns of tbe Granlor. DATED this 14 day ori1~ . 1991. EXCISE TAX EXEMPT POEE RESOURCES, :~r;.~ MI.'( 14 1992 .. 'SEMI>l'lT _1_ ICIn:AP COUNTY -. lREASURER /JIQA511.l1Jn-,. ---.-----...- ..-----------...--.. " BY: ~~1. ~ \FP Fi~ GRANTOR STIU'l< OP WASIID'/GTOI'T } : Sir COUNTY OP KITSA!' J DB tbb day personally appeared berore me p,. /-/. ~~/~...r . and _ 7h...."........ ~ ?.:... ~ .ofPope Resources, a Dela e Umiled Pannersl1lp. die parlnersmp dll!;cl:l"b'~ In and lhal eltl:culed Ih!: wllhIn 11l1d foregoing imlnunent, llnd ackJlDwledged said Instrument 10 be !he free BlJd volunlar;y /lei BlJd deed of &aid parlnership. for t111~ DSes and purposeo lllercin mentioned, and on calli slated Ibnt _hc_ was/were RlllTlDnzed to eltBCUle said InsLmmenl on behalf oI said cOlJloratlon. GlVEH under mJ band uti official sl1illhis ...l:5!!{Jny of '1'}7;,'j' . 199;1 __..._...~\ I ...:--:-~,.. HE'S ~\" f,:~;~l~r '!'~I . " Jt!~.':!.~ ~ . . f ':8' lI11T/l1l ry ubI~ and for the Slate of Washington ~ f * res! in ",al :.::q. 4 "--"~Tr-l . ~ ~:.IUBL\Q\ofyf~inlmel11 expires: 9-/~?.,r- 111';jr*,;P.!;~..'!.;*Y' 1\\"OFIVAS\\"/ :'\....'\:".....".....- A~F~*: 92D5~40196 REEL 0647 FR 2:026 !^SID-fEtrr -1- ~ EXHIBIT NO. II r.l 11 2., I .. \ l e.~EI"ieR"lilW _ ~ tTY L.IM ':r~ - hlW>.4. OF NEl!4-,5ECr. 2.B 1: 24N ,R.IE, W.M. ''''-/---- All.... -.:.::. --!!.p. !:'~" """- ~'==-~ ..... ~ \I) :t .... t"" r---; I~~ ~ N '1'=ZOOI .... ... _..._~---.-.,... ,ST. 'J I il rr- A.F~~: 92DS~40196 REEL 0647 FR 2D27 ;..,.... .... DATE SUBMITTED: July 1,2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF ........................................................................................ SUBJECT: Award of Sodium Hypochlorite proposal for the Westside WWTP. Committee Meeting Date: July 8, 2009 COUNCIL MEETING Date: July 15,2009 Department: WWTP Presenter: Pat Coxon Phone: 473-5448 SUMMARY: Three proposals were received in response to a request from the City for furnishing sodium hypochlorite to the Westside WWTP. JCI Jones Chemicals, Inc. in Tacoma, Washington submitted the lowest responsive proposal at 60 cents/gallon delivered, including tax. The proposal quotes a fixed price for a period of one year from the time the agreement is accepted in writing by the City. ATTACHMENTS: Sodium Hypochlorite proposals from JCI Jones Chemicals, Inc., HASA Inc, and OLIN CHLOR ALKALI Products. FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WWTP Operating Supplies Budget of$210,000.00. Bars #535.8032.53110. -._- - "- APPROVALS: ~ DEPARTMENT DIRECTOR~~ ~ CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~ ~~/ COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the proposal to purchase sodium hypochlorite for a period of one year from JCI Jones Chemicals, Inc. at a cost of$0.60 per gallon delivered. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action May 11, 2009 PUBLIC WORKS & UTILITIES Wastewater Treatment Plant Lorraine Constantino Ja Jones Chemicals, Inc. RE: Sodium Hypochlorite and Sodium Hydroxide Proposal Dear Lorraine: The City of Bremerton WWTP, located at 1600 Oyster Bay Ave S, is seeking proposals for the bulk delivery of 12.5% Sodium Hypochlorite and 50% Membrane Grade, Sodium Hydroxide (liquid caustic soda) to the above site. The proposal shall be for the delivered cost per gallon. This cost per gallon shall include all costs encumbered (freight, taxes) to deliver the product to the plant site. The per gallon pricing shall be firm for a period of one year, from the time the agreement is signed. The usage of Sodium Hypochlorite for the past year at the City of Bremerton WWTP was 150,000 gallons. The usage of Sodium Hydroxide for the past year was 12,000 gallons. We will accept proposals until June 1,2009 and select the best proposal that meets our needs by no later than June 5, 2009. Please send proposals via e-mail or by regular mail to the following addresses: Patric.coxon@ci.bremerton.wa.us; 1600 Oyster Bay Ave S, Bremerton WA 98312. I look forward to receiving your proposal. Pat J. Coxon Wastewater Manager City of Bremerton Page 1 of 1 Patrie Coxon ~---~"""---'-_.'.~--,...,----~---.-...-_~,-~-------_.~------_._..._- From: Michelle Trammell [mtrammell@jcichem.com] Sent: Friday, May 29, 2009 3:33 PM To: Patrie Coxon Cc: James Groh Subject: 12.5% Sodium Hypo and Caustic Membrane Hi Pat, lCI is happy to quote City of Bremerton the following prices: 12.5% Bulk Sodium Hypochlorite - $0.60/gal 50% Membrane Sodium Hydroxide - $2.30/gal Thank You, gyficlie{{e'Tramme{{ Office Manager & Sales Coordinator lCI Jones Chemicals, Inc. 1919 Marine View Drive Tacoma, WA 98422 (253) 274 - O104/ph (253) 274 - 0733/fax mtrammell@jcichem.com 6/1/2009 PUBLIC WORKS & UTILITIES Wastewater Treatment Plant 1M.y 11, 2009 Judy Rodgers HASA, Inc. 3401 Industrial Way, Gate 10, Area 42 Longview, WA 98632 RE: Sodium Hypochlorite Proposal Dear Ms Rodgers: The City of Bremerton WWTP, located at 1600 Oyster Bay Ave 5, is seeking proposals for the bulk delivery of 12.5% Sodium Hypochlorite to the above site. The proposal shall be for the delivered cost per gallon. This cost per gallon shall include all costs encumbered (freight, taxes) to deliver the product to the plant site. The per gallon pricing shall be firm for a period of one year, from the time the agreement is signed. The usage of Sodium Hypochlorite for the past year at the City of Bremerton WWTP was 150,000 gallons. We will accept proposals until June 1, 2009 and select the best proposal that meets our needs by no later than June 5, 2009. Please send proposals via e-mail or by regular mail to the following addresses: Patric.coxon@ci.bremerton.wa.us; 1600 Oyster Bay Ave 5, Bremerton WA 98312. I look forward to receiving your proposal. Respectfully, ~y) - -+--~_~-c:4/ Pat J. Coxon Wastewater 1M.nager City of Bremerton CC: John Bykonen, File Price Quote City of Bremerton, WA 1600 Oyster Bay Ave. S e-mail: patrie.eoxon@ei.bremerton.wa.us Date: 5/18/2009 Contact: Patrie Coxon Phone: Fax: '~:;L '-- ,','-, "'-";""',-- ," citi:'l>{~e'@.~609'Py~~k,$a, .y.'.;..;;.A........'.\'~..........-.s......i. >, ~ .., j," " , .'" I y.' ~<\~', ,,,' . , ...... ..i: · ....!:: "6/jhj~ci;:t, .;:" F .:"~i:,",. .... , '~',~ '-", : ~ -,\ -..;:., " ",,'-;" - ,dC'.:" '\-~,' MuitrCijloJ' '/\ .;;':':-:-.,:' ,/~, ':'\ ;:'.: ";:' ',/i-;:::..;.::.:"Y'i':;': '.. . . .. ". .' .. .:.. .: .:".',' :,:i~;ligp;g."\: c~'~~&i~9j~~\'. t..c.:..:,>.... . :.. ...... ":; '::<". .. 'C' :'c., .,," ......,.. ....... ":'.' .....:.... . . ',' ;,'c' , "; ,., ~. . . -, '- " : '," . "(. '" " '.' - _r - , " . '.. '__.' _~, ",: ': ." ~.- ; -,' '-.': -, .:",' "'. .' _,' _' c Price does not include any taxes If awarded bid, a site inspection is required prior to first delivery. .-,':' ::.--'.: ,':;)<:: .':,i' 'C:' I .... ;', .',0 . t::'<,i,'.> ...:.' .:c:,.: .....> ...:\..' r'j . . " .':~.::-->: ~0..::-:~\,";--..:^- -'~. :::.':-<::__~_../',-<- :,.(.~::~:/~><,: _.?7 ':'C. ...~. " :cc- ':, .'" . ....... .'0 ,.... ,.: ......1,. '. , " . '.: .' ',..' , '. .'. .",. '," ....' ';" .'. . , '.,: Hasa Inc, - 23119 Drayton Street. Saugus, CA 91350 - (661) 259-5848 - Fax (661) 259-1538 10f 2 Price Quote City of Bremerton, WA 1600 Oyster Bay Ave. S e-maJ1: patric.coxon@ci.bremerton.wa.us Date: 5/18/2009 Contact: Patrie Coxon Phone: Fax: Quotalioll submitted by: Salesmall's Name: Jll{ly Rogers Cell: Y25/26().6720 Fa.\': 925/405-0J43 PAYMENT TERMS: DEMURRAGE: DEPOSITS: Net 30 days Unload time = 2 hrs free on TlL, 1 hr on Minibulk / $17.50 p/quarter hr. thereafter 5 gal.=$7.50, 15 gal.=$20.00, 30 gal.=$30.00, 53 gal.=$40.00, totes=$800.00, ($1,000.00 will be assessed on any tote returned in irreparable condition) CALIFORNIA PESTICIDE ASSESSMENT: (CPA) - applicable to California customers only "Depending upon application and usage, HASA sodium hypochlorite, muriatic acid and some dry products may be subject to the California Pesticide Assessment (currently 2.1 %) and/or California State Sales Tax, which will be assessed unless a written exemption is on file." Hasa Inc. - 23119 Drayton Street. Saugus, CA 91350 - (661) 259.5848 - Fax (661) 259-1538 2 of 2 if ii :~'--;-;;-:.::::-;_.~----;:::o-:::"-;---<'==_-;-.:::-~ ~::;;;:~:'--'---~~~.:7-:::.,~:;:;:-7-~':'~=-~T:;-T:":;-,---- L--:-'--:C;-~==::;-h-:'-:-;A-;:;~-;-;::=-~-.::dl PUBLIC WORKS & UTILITIES Wastewater Treatment Plant May 11, 2009 Ross Borch, Logistics Specialist OLIN CHLOR ALKALI Products RE: Sodium Hypochlorite Proposal Dear Mr. Borch: The City of Bremerton WWTP, located at 1600 Oyster Bay Ave S, is seeking proposals for the bulk delivery of 12.5% Sodium Hypochlorite to the above site. The proposal shall be for the delivered cost per gallon. This cost per gallon shall include all costs encumbered (freight, taxes) to deliver the product to the plant site. The per gallon pricing shall be firm fora period of one year, from the time the agreement is signed. The usage of Sodium Hypochlorite for the past year at the City of Bremerton WWTP was 150,000 gallons. We will accept proposals until June 1, 2009 and select the best proposal that meets our needs by no later than June 5,2009. Please send proposals via e-mail or by regular mail to the following addresses: Patric.coxon@ci.bremerton.wa.us; 1600 Oyster Bay Ave S, Bremerton WA 98312. I look forward to receiving your proposal. L-- at J. Coxon Wastewater Manager City of Bremerton CC: John Bykonen, File Olin CHLOR ALKALI PRODUCTS June 1,2009 700 Y gnacio Valley Road, Suite 250 Walnut Creek, CA 94596 925/280-2600 . Fax: 925/280-4465 Intemet Address: www:\\olinchloralkali.com Pat J. Coxen Wastewater Manager City ofBremerton 1600 Oyster Bay Ave S Bremertoll, W A 98312 Patric.coxon@ci.bremerton.wa.us RE: REQUEST FOR PROPOSAL -12.5% Sodium Hypochlorite - 2009-10 Dear Pat: Olin thanks the Bremerton Wastewater Treatment Plant for years of service and is pleased to offer the following pricing in response to the request for proposal for the supply and delivery of sodium hypochlorite for the upcoming fiscal year. 12.5% Sodium HVDocJdorite Location Price (Der eaT.) Bremerton WWTP $0.659 (delivered) Delivery: 3 days ARO, Min. 4,800 gallon truckloads These prices are valid for the period from award or about July 1, 2009 through June 30,2010. We are willing to extend this agreement year to year upon mutual agreement. Olin is the largest manufacturer/distributor of bleach for water treatment in the Northwest and our plants are ISO certified. Our chemicals carry NSF Standard 60 certification and are in compliance with all current A WW A and EP A standards. Thank you for the opportunity to bid on the chemical requirements for the City of Bremerton again. If you should have any questions, please do not hesitate to call me at (925) 280-2649. S~~c;rely, (; f) (J v~Jt/lAJM4L John M. Schabacker Business Director Cc: Ross Borch, Account Manager DATE SUBMITTED: June 30, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5(;- ........................................................................................ SUBJECT: Contract Award to Clean 28-inch Outfall Line on SR 304 to Northern Con-Agg; LLP. Committee Meeting Date: July 8, 2009 COUNCIL MEETING Date: July 15, 2009 Department: PW &U Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Sealed bids to clean the project titled "28-inch Outfall Line on SR 304" were opened on June 30, 2009. Two bids were received for this project. Northern Con-Agg, LLP. was the lowest responsive, responsible bidder with a bid of $36,224.40 (including sales tax). In discussions with a company specializing in this type of work, initial projections for the cost was in the range of $50,000 to $70,000. The second bid received was a bid of $65,594.80 (including sales tax). ATTACHMENTS: 1.) Council Summary, 2.) Map. FISCAL IMPACTS (Include Budgeted Amount): The project is funded by the SR 304 TIP; Navy Yard Highway. The 2009 budget for this project is $200,000. I ""- ~k ~ ~ l .v- ~ ... APPROVALS: ~ ~ ,~ /' DEPARTMENTDIRECTOR:<--~ >>d~.. - ~::;:~=~OR: ~4x-:i~ ~ MAYOR: ~---,-~/tk{ n COMMITTEE CHAIR ~ ~ COUNCIL PRESIDENT: ~~~:'0'Lt~ CONSENT AGENDA.&! GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to award a contract in the amount of $36,224.40 (including sales tax) with Northern Con-Agg, LLP to clean the project titled "28-inch Outfall Line on SR 304" and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY Cleaning 28 inch Outfall along SR 304 Summary There are three outfalls along SR 304 from the SR 3 interchange to the Missouri Gate signal that were originally installed under the roadway with construction of the highway in 1942-1943 and extended by the Navy with construction of the railroad in 1947. The outfalls are a 36 inch line located adjacent to Holmes Mechanical, a 28 inch at Westbay Auto Parts, and a 30 inch by Miller Sheetmetal. The original Contract documents for the SR 304 Transportation Improvement Project - Navy Yard Highway Phase included cleaning and lining these outfalls with the road work in the project as alternate bid items. Due to cost concerns, the work was deleted from the project. With the Navy Yard Highway project winding down and costs for the contract being finalized, it was found that a small amount of money is available to complete some of the work. As the 28 inch outfall is in the worst condition of the three, it was decided to concentrate the cleaning effort on this outfall, with an alternative bid item for possible completing some work at the 30 inch outfall. There are no maintenance records for any of the outfalls and they do not appear to have been maintained in their 70 years of use. Fiscal Summary Funding will be from the SR 304 TIP; Navy Yard Highway Phase. The City received these funds from WSDOT out of nickel gas tax monies, with the stipulation that the money was to be used for SR 304. 28-inch Outfall Line on SR 304 Council Summary [XI-118fT tOR S-rORM TI.P.J" NA VY PORTION 22J To24,N'J R,1E"J CITY OF BREMERTON KITSAP CO., WA SRJ04 OU-rtALL LOCA TfONS YARD HIGHWA Y PHASE OF SEe, W,M, I \ASII>-L sl--lSS \A\LLt.l' 1<\.1 \-1\'\t:1 u\'\t:1< c:,o' S,O ,,\,\0 ,,00 _c\-t:,,1-I <eY< \-11-It:1 '-NSSI \.It:1< cSO ul-lt:1< g' fOI< 0 ,,00 ~c\-t:,,1-I ,,1-1 ~ NAVY T lJRIEO B6N PROJEC OlJTf ALL R~STORA TINCOv<:R BEA%ENO AN~t:EOEO OJ,-f ALL AS ""'R OlJTfA~L;006, 'IIA'. R \loA OEEPRCHt:O fO ASSlJ\Io~EOGING SEAT fOUNO, N" VY OONS, ~~RIE~I~LY OPER" TI oR IN OLE'IIITIH G \Io"NH ROUGH E11STlr \Io"IN TIH HAlf ~~~g;W~~~~6J~~S ;~ I\IoPROV NSERTEO 16" LINE ~f "LL "SCSO '-"'" ,,,'-" INT~E~~ION :~6 CLEAR s,,,c E:RE\IoOV<: LINE SYSTEM EXHIBIT 1 Lori Smith FILE 5& From: Sent: To: Subject: Gunnar Fridriksson Thursday, July 09, 2009 1 :02 PM City Council 28 inch outfall cleaning along SR 304 I understand that a question was broached if the line was being lined as well as cleaned. We are not lining the outfall, just cleaning at this time, but the cleaning is to meet the lining requirements. Placing a liner into there two outfalls lines would have been approximately $120k more and we do not have budget to complete. My apologies for any confusion. Gunnar Fridriksson City of Bremerton 360.473.2354 1 DATE SUBMITTED: June 30, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H ...................................'..................................................... SUBJECT: Consultant Agreement with Universal Field Services for Real Estate Services to support Right-of-Way Acquisition at 11 th Street and Warren Avenue. Committee Meeting Date: July 8, 2009 COUNCIL MEETING Date: July 15, 2009 Department: Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The 11 th Street and W arren Avenue Intersection Improvements will be improving the flow of traffic by extending both the right and left hand turn lanes southbound on W arren Avenue at 11 th street. The City needs to acquire additional right of way to accomplish the lengthening of the turn lanes. The City has been certified by WSDOT (Certification Acceptance Agreement) to complete the acquisitions with their oversight. The decision was made to enlist a consultant experienced in all aspects of real estate acquisitions to assist in the documentation required by WSDOT. Three firms with such experience were selected for telephone interviews. Universal Field Services was chosen based on their expertise and recent local work. ATTACHMENTS: 1. Council Summary; 2. Agreement FISCAL IMPACTS (Include Budgeted Amount): The project is funded by a grant from the Federal Highways Administration (FHW A) and administered by WSDOT. The 2009 Budget for SR 303 11th Street/Warren Avenue Intersections is $173,400.The contract with Universal Field Services will be for time and materials, with an estimated cost of$102,891, which is reimbursable through the grant. COMMITTEE CHAIR COUNCIL PRESIDENT: ~ < fffffi:~~1 CONSENT AGENDA GENERAL BUSINESS PUBLIC HEARING D APPROVALS: DEPARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: RECOMMENDED MOTION: Move to approve Consultant Agreement with Universal Field Services for Real Estate Services to support Right-of-Way Acquisition at 11 th Street and Warren Avenue and authorize the "Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY Consultant Agreement with Universal Field Services for 11th Street and Warren Avenue Intersection Improvements Summary The project will be improving flow in the intersection by extending both the right and left hand turn lanes southbound on Warren Avenue at 11th Street. To accomplish the lengthening of the turn lanes, the City needs to acquire additional right of way. Four residential properties have been identified as total takes, with one additional parcel requiring only a partial take. The City has been certified by WSDOT (Certification Acceptance agreement) to complete the acquisitions with their oversight. However we are not certified for the relocation required with the total takes, and the documentation required by WSDOT for the acquisitions is extensive. As such, it was decided to enlist a consultant experienced in all aspects of real estate acquisitions to assist. The consultant roster from MSRC was reviewed for firms with such experience and three were selected for telephone interviews. Of the three, Universal Field Services was chosen based on their expertise and recent local work. Fiscal Summary The project is funded by a grant from the Federal Highways Administration (FHWA) and administered by WSDOT. The 2009 Budget for SR 303 11th StreetlWarren Avenue Intersections is $173,400.The contract with Universal Field Services will be for time and materials, with an estimated cost of $102,891, which is reimbursable through the grant. PSA for 11th Street and Warren Avenue Council Summary Consultant Agreement for Negotiation Services Federal Aid No. CONSULTANT AGREEMENT FOR NEGOTIATION SERVICES THIS AGREEMENT, made and entered into on this day of b~tween the CITY/COUNTY of hereinafter called the "AGENCY", and the consulting firm of ,20_, by and , Washington, whose address is , the location in Washington State at which work will be available for inspection, hereinafter called the "CONSULTANT".. ~ ' ~ " , _ " , ::, r. ; ,.' If. ,'~' WHEREAS, the AGENCY has not sufficient qualified employe~stoacc()ilipli~~:t~~;:~ight-of-Way Acquisition and Relocation Services on this proposed contrac(a,h&the AGEN.CY\:i~emsit.advisable and is desirous of engaging the professional services and assistance:Qf:liqualifieqcoriSll.16rtg,i1rh1'iQ:provide the necessary acquisition services, and';;: >., ". '., . ,. "'::-,~> "-.~:~_;.;::':(;,,'_',;_.-:c '", ~"J-;: ";.1.... WHEREAS, the CONSULTANT has indicated that he desirest6:d()iJ1~\york set forth in th~"Ag~~emiht upon the terms and conditions set forth herein.'." , ~',. , : ' NOT, THEREFORE, in consideration of the terms, conditions, covenants;' al1d;pej-f6$anCeS contained hereinbelow, the parties hereto agree as follows: ' '; " ':"',': >' :"h .'. ,,' 1 < I PROJECTJDt:NTIFICA'tiON, ' :'-','-'. , <'f, ,<~>:~>~"-- .:. .,' <, The project is entitled: ,,' The property is located in ". .' " .' (Section, Township, and Range). The PI:9J~cJ.,conslsts of ,;;;: .0' .[ -~ - - -'; - -, -, ,'-' ,- parcel(s) of real property to be acquired~f,~t'IPghway purpQs.~~';;,iW.d,ts~,b()wn on the AGENCY right-of-way plans which is made reference to and)?1~~~;~part ofthis codifa9V;:7r':L:::; :;"_,_: '" . . _ . ),;'!,",U_ ,.", . ~\, ',..' '. ','> "';2; .' o>n.SGOPE OF WORK . _~I. ,-, ,',-_:1 './~__/:,!:~>.!, ,":., ~.~~ j{,?::,'. . \':'~"~,<(:~,;;\ '__?"}~;:'~'\~:',,~i :,,',.: The CONSUll.r;ANt'~ha1l:'.a<:;q~tr~ on behalf9ft~t::~.~Q~.NCY the real property referenced in Section I of .'!i;b'1{,':"\':,,',"-'':'''' ;1,,',,-:-,,."'.''', df~,.~;""'":,,,:,, .,''''"., "~'._ '.," ,'" _',"T this t-""QI,~~f,J:usin.gjIl.f9:s~~~e,~ specifielf.oy:tp.elAQENCY and in accordance with the Washington Sta".. ..~:'ment oftiaH~p:Ort~{idnRight-ofWaYM2mual, which by this reference is made a part of ,:,;;~~~~:;~;.\:/ebment. " "';~;'::<~i~~.';;,' :Efi~,;'~~t~ts,~.rendered by the CONSlh(tiN;r shall be as follows: ,1,\':~l;~;::lf~fJ@?':: .~, , <,./" A. NRRWArSAib:;' ""!;%~,;~t;~ii;~~'>,, ,~:,:; "" The C6N~tt~it!~NT~hall fusrii~kappraisals on all parcels in the project to the AGENCY. The AGENCY ~iialiiprov,idefo:r';fppi~isal review. The appraisals will conform to the form shown in .'! i. ,_,,;., ',' "~,\;,:, -;;". ":0;. JC.,{"_~ "..., - -,'~ LOCAL AGENCY:OYl&t,E,PN.ES MANUAL, WASHINGTON STATE DEPARTMENT OF TRANSPORTATIdN"J,~l1ich,by reference is made a part of this Agreement. (If appraisal is not to be included in Ageement, then strike out.) B. ACQUISITION: Upon notification and receipt of Determination of Value from the AGENCY, the CONSULTANT will commence negotiations. If it becomes apparent that negotiations have reached an impasse and sufficient time has passed for the property owner to make a settlement decision, and then the CONSULTANT shall provide the AGENCY with written notification. The filing of condemnation proceedings shall be the responsibility of the AGENCY. Page 1 of9 ConsuUantAgreement for Negotiation Services Upon completion of negotiations with property owners and clearing of all lien encumbrances, the CONSULTANT shall transmit to the AGENCY all instruments, including payment vouchers, for their acceptance or rejection. The recording of instruments and payment to property owner will be the responsibility ofthe AGENCY. C. RELOCATION ASSISTANCE: The Contractor will provide relocation assistance services to all displacees on the project in accordance with state and federal standards, and as directed by the County. ~""..: . '~-'-' .', - ~ - ., -: " j..:'- '.:" ,: ,:~'~ '~;:.:> -<:' -~:;~ ,', ,'~, ", ::::;-:f).~,.>'~-':, A. CONSULTANT shall prepare all documents necessarytg(~~~~ey toth~\idE~&y,~(~!idtitle to the needed rights-of-way and report the results of negotiati9d~~i~~~*il1~@pe!Uld bu'gip~~~~~~P~J;l~y,.QP)h~ pro,iect. "'>o.:;:y~:-' '.':., /'i' , '.'~ ,~> ',; :' '" ;::;:'.).".,::, '.J _ - -, ;:. - -. ' - ..: ~;,,',;:-::,--,~, >;::~':-:~)t,) -'"-t>.~~~'.; tT. ~ _ " -., < k\~ ." ,':.'~ ~-~;~ . '.,;,"'" _,"': _.;:c,_~", B. CONSULTANT shall assure that no less than three personaV2'6u'tiGfsa\,~)J1,ade with each int~rekted party (owner) in order to acquire valid title to needed propert)?plghfs;a~ih~:\yn on the project map or as instructed in writing by the AGENCY. "i)"'";;;...,, ':~::)~;:i:(.;)l~A:;:~;::", C. CONSULTANT shall on the fIrst (but no later thC}I}i~lif%~~f?r(;R,contact explalD(:ih~i~QENCY's offer orally and in writing and request execution of aR.R~QPi1~t~i::~6ny,~YW1ce by the owH~r::io the AGENCY of needed rights-of-way in consideration oftheid~*tihi ofth~'g:ffeiAri;ade. ;~~,W:.it' ".,~i;:;!;<e;/~(~;,;/P'::,:;. D. CONSULTANT shall assure that negotiati04i'$b~il be p~i't(:)pned 'l)piy~i9;Mk1imit of authority delineated by the title reports, project maps, cr~t{;f1hinatj~Ii"bffair rri.~iketfY:alue, manual of procedures, acquisition schedule, or written instm~tiQPs ii~'fr~d bY;W~:~GENCX:"{{1 > ',Ji~,::..?i~~.~;~~r. '~:~~~ ~;~'~:~:if~.~;~:,~" i' ?~<.-:~\> ~~ ,(: E. CONSULTANT shall assure tha,F aj9Q1)1plete, legible dt~t):S,9f,$as,~~,ontact to include the time, place, amount of offer, to whom offet"Wl1s~~m~de, all parties pres~jmiM~;oWner's response in a form furnished by the AGENCY and to be reWfn~~t,i~~ithe AGENCY for pe'ffilllilent records. " "};"'~;~'.?B;:{~;~'~:;i' '. F. CONSUL T AN;;r~shaILattempt to ()bt~in';re'1ease~of all liens of encumbrances necessary to vest valid title to r~lifi~~'Pr6ft~~tbghts ofth~;pl0E~CY,;:.however, such liens or encumbrances that cannot be rel:,as 1'1;; Jf,q~fIs1t~~I~t~~~l,notitY~H~~~~~SY in writing for instructions. G. . ': iT ANT on or b'H6t~%P~9J~~t; cut-off date'(~hall furnish transmittal of diary, miscellaneous ndence, vouchers, afi:(.ry'~fj~~:~~mveyances pursuant to all negotiated transactions or written endations pursuant to filtilhtn~gotiations in those cases where settlement failed. All work , llbmitted as completed t~,:t~~5~GENCY for acceptance or rejections. ':~c~~~:~'!> j~:f~:'~;~:-~:?:: H. CO . "Ng;;~hall provider~!8s.?!4bn assistance to persons or businesses that will be displaced, compu'hn. ';,., , .''''.' Q1;1. benefIt~5$flbl;l~oring progress of individual relocations, and work within the ~-""',t ' _ :1 ."'-.. i'H' }i'-~' :, ";."", requirement~~.~,;.~;~~'W~~<,>m1:~~}99ation Assistance and Real Property Acquisition Act. iJ;<:;~~:.:~ .~:~+~;\l~!~~"~~~()}::>'~,::';' -,~. . I. CONSULTANT sh~!ii}VQr1{~$Uch days and hours as may be necessary to meet with interested property owners that may not be ay:a)lable during regular working days or hours. , ;'-, III OBLIGATIONS OF CONSULTANT <',pO: ',.':~'~. ~-';-(:., J. CONSULTANT shall abide by decisions made by the AGENCY on questions concerning acceptability of work performed on th~ project. All decisions made by the AGENCY are [mal. K. CONSULTANT shall correct any defIcient work performed by him or his employees on the project and deliver corrected work to the AGENCY at his own expense. Corrected work shall be delivered to the AGENCY within days from the date of request. L. CONSULTANT shall remove any employee from assignment to this project immediately upon written request by the AGENCY. Page 2 of9 Consultant Agreement for Negotiation Services M. The CONSULTANT agrees to make available for inspection and audit all records of this Agreement to the Agency, state, and federal governments at any time during the term of this Agreement and for a period of three years from the date of fmal payment. N. CONSULTANT shall be available for consultation with AGENCY, state and federal representatives after said completion of this Agreement should the need arise. Note: Either of the following two (2) sentences should be added: 1. Said consultation shall be a part of this Agreement if it has to do witJl:~x:p!,mati,oppf costs and settlement and be of no further cost to the AGENCY. ,:;,.,\~., ',; " .,; "--!,' __-~.~ , '~: ~~"::-:~ :- ~ ,<:~:'\~')~i! ~:' (:~: 2. Said consultation shall be contracted for by separate agr~efu'etit:ifit inv;dIv~g;iiii-ga.ti,Q~. :~>~~X'::~~~J:~,' ". ;- ,- ..:'~-~: ~:"~-/:~~~~(~~:'~~:_"ri::;;::~-' ~.~~:. Note: If appraisals are being subcontracted for then, agi;~'~hi~I},t:;hQli.Jk~tate thiri*#i~';ful:d'i~ctdr~S~:9r 'l'k',-.,> '_::-~~',o,_~_,::.-:_ .:<~!i_ ?',_"r!---' ';'~J';"'~':' 'f;_,~:.~-_ ,-.,> ",,:. ;'''':~':::' "J~. '>,.."'! fIrm or individual, amount of contract, and show amounf{pJl~rg~X,(()f~:ach parcel. . ";~';./~,~:~.~;:!.,~/:.,; ',:\;;;~c:f~"~jl~~;':'H" ", :j'~\~~0i~:-'?X;;'::' IV OBLIGA nONS OF;iGE~~~;fD~Tr . . '} .<~. ~ -~j\~:~:: -,~~i~:,~ .; '" ,,-~,--~- ,,,\.; .'} '- '", . ',~ "." A. AGENCY shall furnish applicable manuals ofproceq~lJ;y~.,,~ppropriate p6H~iS~i~<fJiy,~s concerning procedures or expense reimbursement, deviating~;tNf!i,2~~B:p';;~iting, acqui$#!9B,;:$'ifnedule, title reports, appraisals, determinations of fair marketi,y~lil.?;~;R:r9J~~fm~p~, engineermgi'dilia, all printed forms for conveyancing or reporting negotiat~~~t!~<sactio~~~2~f~~9~w:~ndations ~~cording to AGENCY procedures.{~'~;:;>::';, ;C;;7j'4;':;;~Y<<:~;::,.,- -- "_, ,,~>.':.:;:- . .."~:::.'_:~,:,, -, ,'l',";'.}'.: ~~:;:':~'-;"'1;-__ ,.', ',-"J:,. ",:-'->;-::,',',,' ." (If any of the above are to be a part ofC:ONSgI2.TAN't;~.,pWligations.!I:1~&f~move.) -~'S:-,; .> - . _~,:[~~-,::~'-' :'.~:':-~,;;.- B. The AGENCY shall furnish fInal q~&!,~i~~~S,in writingi?~;;~~~s,tlg~~'~\?tfcovered by the above material. ", ',?:s~,,"7~'<; - <i< ;,{' ?_:~;'_\:i>;-~:':..1";-'~': ~'j-" C. The AGENCY shall review an~9Ia;R.9,e,P!j(approved) or nde~tMywork performed by the CONSULTANT on the projest~jv~r~hi(~k\l) days or less fronicih~ Gate of receipt by the AGENCY. . .~ ~:'~i~~~t~~ J~~~~~~~~:~~;:~,l~~, D. the (al~q!~~MfQri.yse by the CONSULTANT in the acquisition of rights- . <;)';):~~?}[~[~:-?i~::}',: "~J 'JI._ ";~;>-:1-:r-:'".: ':~:'I 1. '---."~,,"__'~_~l,~'.;. if so, remove.) 4. 5. (The above V COMPENSA nON A. The CONSULTANT shall be paid on a (day/mo) basis for work satisfactorily completed based upon the following specifIed rates and such rates will be applicable throughout the life of the Agreement. Project Manager Negotiator (acquisition agent) $ $ per (hr/day/month) per (hr/day/month) Page 3 of9 Appraiser $ (eliminate appraiser if not part of agreement) Relocation Agent $ Consultant Agreement lor Negotiation Services per parcel per (hr/day/month) Meals and Lodging per diem expense. Travel Actual expense not to exceed State of Washington's As authorized by Agency in writing. Mileage (automobile) Miscellaneous long distance phone costs, etc. $ per mile ;~o;~:;apjob.c?~~t,s Actual expense, such asparkin"g~~f~1Jx:4#~g~s; photo copy costs, , . ~_, .' ?';'. '.-, fc,. '", __"J:.. ,,_ ;:'-;.,".\':". -.",,'!'f'?".:-' B. The CONSULTANT shall on or before the!c;i;;;a~y of ea"hl1iQnthJ~iii~oi~~':,tl1~ AGEN.CY for services rendered during the previous month identitYI~g;J*eproj~yt;;pifcelS'*bJ~e:d,;oh~'\Ilc\,~ix~, worked. CONSULTANT will also provide a written pr'Qgt~s'1(;.r~pq~pliThis project;6~~~':P166#iJ'yl\i;;.::' basis. ""',',: '-,'"f,'!r ',' ;C-':'~';~ '-,' ,-. ~'~~:_.~:~~:;?i;~~~~~;::::~~\, ~'::':~. . ,-' :'" .'.!. C. The total reimbursement of compensation and expenses for:'seryites"upa,e,(pr9,visions of this Agreement is estimated to be: $ The amorini~1i~lL:hot,be exceeded without execution of an amendment to this Agreement.", ,,;,,'I,;::-c:,!, .1 ";:. - ~'. t~. t:., ',,'C',;. . c:-', '.; .~';: " ,~,,, ,,' \ '-;'''~-,c,;,~ ',. Reimbursement is based on the following: -'::.<:::~:~~~<: . P,\.,'~ <tr- -:," -), ~,: '<l,.:'c'~:' :::-,-., ,'>'~'> "'~ ':':':':'-: Photographs $ ',>, ',', ,0' Research Property Owners Addresses $ :::t~~,/: Prepare and Mail Preacquisition Letters, $';~,,;,j::' Prepare and Deliver Formal Offer L~!1,e.rs $ , Prepare Legal Descriptions;>::~';'i~Y~:$ Negotiation Laborrr0f' $ Appraisal;;>':: 'i,e" $ Relocation services:;.~_i;'~?:::~~~0:" $ :"~fj~rllj~~;;~~g~~~~l'. ,~~ c;' '" ' ,', .' - " "'"f ".- ,';-~~-,r::!/ ' ",.,.-,,;,,-,, " ~ ; ;'-'''/\~ _ff.:(,~~~:.,)' , ".-, ;.: ~. --~, , :;-,:?~!~;~ ~ :.,'",.'" :....;."';' ~:~,_::;~" '2:j:J;~~ . _\:':',,:."" ,,,r ,_~ 0.. _, ~ :.. ;';-. ,':-'''c ~,"-<:~~,\~~ ~ ",,-~;X,,"-:-' "('i:':--;~; }:F:~'~':~; :,:~,:;;t ' ::;,"'-:_>'-:-" ' ;..:....: ,"':,:_;::;~'-{ ~~~. ;:\ VI TIMg;#>f':BEGINNING AND COMPLETION " .~_" , '~ y ;';;_~~'r~~Y _. A.f";';_~~i~Et~~J;I.I;TANT shall not b~gi~::}kbrk under the terms of this Agreement until authorized in writiiJg~PMf\tJ}e~AOENCY. The,time:iH~quired, in calendar days, for completion of all work under this , Wr_-~":.,.\~,.'./I"I,,,~'" - -"-:"'f,:.;<-,~-~'~"-- Agreeme#t,~!1.iimli"eL.'"::~<-;>) days following written authorization begins. ('th~:~~~i~E~t;:'-.~}Jl;~~~~~'~~}"'i^" ~;,:I~'J~:.~:~~:;.f,' -~~~ Established c6iliplettQp;"m'1!~'t$liiHl not be extended because of any unwarranted delays attributable to the CONSULTANt~~if,i~~Xf,l;e extended by the AGENCY or because of unavoidable delays caused by an act of God or g6v~fi,llrtental actions or other conditions beyond the control of the CONSULTANT. ,',,' ~',;' :',*= :';':(~,:-",,:,-,~ ",.,.,' B. Upon completion of this Agreement all documents and records shall be turned over to the AGENCY. VII AMENDMENTS AND REVISIONS Should the AGENCY make changes within the scope of this Agreement by giving notice to CONSULTANT and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this Agreement, an appropriate adjustment shall be made. Page 4 of9 Consultant Agreement for Negotiation Services N0. change by CONSULTANT shall be rec0.gnized with0.ut written appr0.val by the AGENCY. N0.thing in this article shall excuse CONSULTANT fr0.m pr0.ceeding with perf0.rmance 0.fthe Agreement as changed hereunder. All changes shall be submitted as an amendment t0. the basic Agreement and approved by the State 0.fWashingt0.n, Department 0.fTransP0.rtati0.n, bef0.re the work is undertaken in 0.rder t0. bec0.me eligible f0.r federal participati0.n. VIII ASSIGNMENT OF AGREEMENT CONSULTANT shall n0.t assign this Agreement in wh0.le 0.r in part,;n0.r shall CONSULTANT subc0.ntract any 0.fthe w0.rk t0. be perf0.rmed herein with0.ut the pri0.t.;$tt!1~n cqn$~;I1t 0.fthe AGENCY. /~". :lij~':;'" i;.;~'_S,>:~' ~ " c:" '>""', 1":' A. ~f=m:~io~e:~:~:y ~~;;;;;;;O;~~1~~~~:;~~~~~~i~i~1~~?e whats0.ever. In the event 0.f such terminati0.n, AGENCY slj .~,~@Hgl!ted t0. reimburse~;~;~~!t~i;:j'sF CONSULTANT f0.r services perf0.rmed and expenses incurr~.' {Q;;i:I~'felqft,tt;\rminati0.n at t1ie'1at~s"set -',d!-.~ 1M~ c':-:_~... -,::t'Y-;'; "-!,,:,'.:.,' "':~" ,~"_'" f0.rth under Articles and!,~~~~ilide,~i'i~f:@~,:jl}~erim payments, if any. Up0.n payment 0.f such sums, AGENCY shall be discharged trom alllia.rtiJ't9[:t8'Jl}~ CONSULTANT hereunder and this Agreement shall be c0.nsidered teRT;l~B:~t~,~>unless exteIl4~~lM~,;o/fjtJR-g by mutual agreement between parties heret0.'~:.,{~%.\cit.{~:A~~iTI'{~:",;~c, '<:?:(:&~;;5:;f1 B. Up0.n terminati0.n 0.f C0.ntract under Paragrap4i~:ta~(jy'e,am~9~~iff~~ls,.records, and file materials shall be turned 0.ver t0. the AGENCY by the CONfl~~~ANT'.;;rJ~!f';;;/;~:1~/o~~:X,1;~i;,':.;, C. All services t0. be rendered under this c0.ntract{shall be $t:~j~Ct t0. dit:~~ti6il';jmd approval 0.f the AGENCY. "!)rJ~fll:~LOy!i~~6~ie!' . The CONSULTANT warrants tliIlk:!f' 4'U,flt empl0.yed or retained any c0.mpany 0.r pers0.n, 0.ther than a b0.na fide e 0.. ~y working S0.1e1;.,~~.'i"QNSULTANT, t0. S0.licit 0.r secure this Agreement and ;'~"~'~';)~~<:',:.i..;,., -"',~....~t.. -,.~;, . that he ..(j;ot,,~grcet:;g t0. pay afiy'~", . ,nYi0.r pers0.n, 0.ther than a b0.na fide empl0.yee w0.rkmg s0.le~Y.'~ 'f;%".',~:fi~Mll~~~~;r&:Y fee, .2Biilif}~]:%~~k'l?ercentage, b.r0.kerag~ fee, gifts, 0.r any 0.ther C0.IlS,. ..:0.n, c0.ntmgel).t3c1l.P.9D\~()t):~su1tmg ft0.i:I);ct;l;iejaward 0.r makmg 0.fthlS C0.ntract. F0.r breach 0.r J:.~'~,;>,<",~"~~:,;,,~,~,~f' -l/_ !'-',';' ,- "'~f><i"'--/''-'~'~~<>-: ' ".' .-,,,-:,.;., v.i'Oliltitr.\:Ofthis warrantY,l!t~~~~8'F~fY shall have the right t0. annul this Agreement with0.ut liability discreti0.n, t0. deducff!:<iWtl}^~i,Agreement price 0.r c0.nsiderati0.n 0.r 0.therwise reC0.ver, the full 0.f such fee, c0.mmissioft:ii&ftentage, brokerage fee, gift, 0.r c0.ntingent fee. ''f~~)~{~~:i~ pl0.yees 0.fthe cc5,Ns'W;BTANT, while engaged in the perf0.rmance 0.fany w0.rk 0.r 'd;'J:lY the CONS,.,t>'J';<if$h under this Agreement, shall be c0.nsidered empl0.yees 0.fthe ,;. ly and n t'QS'AGENCY and any and all claims that may 0.r might arise under ,""". . W~~f~6n behalf 0.f said empl0.yees, while S0. engaged and any and all "','~a;ic0.nsequence 0.f any negligent act 0.r 0.missi0.n 0.n the part 0.fthe CONSULTANT's ell ,'<i ..._~%:while S0. engaged 0.n any 0.fthe w0.rk 0.r services pr0.vided t0. be rendered herein, shalf6'~1f?:~'~0.le 0.bligati0.n and resP0.nsibility 0.fthe CONSULTANT. The CONSULTANT shall n0.t engage, 0.n a full 0.r part-time basis, 0.r 0.ther basis, during the peri0.d 0.f the Agreement, any pr0.fessi0.nal 0.r technical pers0.nnel wh0. are, 0.r have been at any time during the peri0.d 0.fthis Agreement, in the empl0.Y 0.fthe FHW A, state 0.r AGENCY, except regularly retired empl0.yees, with0.ut written C0.nsent 0.fthe public empl0.yer 0.f such pers0.n. If during the time peri0.d 0.f this Agreement, the CONSULTANT finds it necessary t0. increase his pr0.fessi0.nal, technical 0.r clerical staff as a result 0.f this w0.rk, he will actively S0.licit min0.rities thr0.ugh his advertisement and interview pr0.cess. Page 5 of9 Consultant Agreement for Negotiation Services During the performance of this Agreement, the CONSULTANT, for itself, its assignees and successors in interest, hereinafter referred to as the CONSULTANT, agrees as follows: A. COMPLIANCE WITH REGULATIONS: The CONSULTANT will comply with the regulation of the Department of Transportation relative to nondiscrimination in federally-assisted programs of the Department of Transportation Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations, which are herein incorporated by reference and made a part of the Agreement. B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it, will not discriminate on the grounds of race, religion, color, national origin, <;>r sex in the selection and retention of subcontractors, including procurements of materials and leases of~flll}Jlmem'.;1.'.\1e CONSULTANT will not participate either directly or indirectly in the discriminationj?f2fli~ittdJjyiSection 21.5 of the Regulations, including employment practices, when the contf~9t covers~pf(jgfMi set forth in Appendix A-II ofthe Regulations. ,;~,\":' . , .... "'.' c":" <:"-~'!..' " :,;;'~, --,: -,-' -'':~>, ~ -'t XI INSURANCE Prior to beginning work under this Agreement, CONSULTANT shall provide evidence that policies providing the following coverage and limits of insurance are in full force and effect. A. GENERAL COMPREHENSIVE LIABILITY: With respect to liability for injuries to or death of persons and with respect to liability for destruction of or damage to property, the insurance coverage Page 6 of9 Consultant Agreement for Negotiation Services shall be $500,000 combined single limit and such coverage shall include the special provisions listed below: 1. The AGENCY shall be as an additional insured and the coverage shall be applicable to and protect the AGENCY from liability arising from or relating to CONSULTANT's activities relating to this Agreement. Such insurance shall be primary and other insurance maintained or carried by the AGENCY shall be separate and distinct and shall not be contributing with the insurance listed hereunder. 2. Such insurance shall include a "Cross Liability" or Severability ofIriterest" clause. 3. . . , '. ,~<\-~;~j ~ :~{-;.:" .;, .-',~'-;~\ " ": Such insurance shall not include explosion, collapse, or underground;iX:clu~iQP~',c6mmonly referred to as the "XCU" hazards. .:;' . . .'~," " ~ " ," .:.>", .,> -', ' . '-,,>'" . "',f.. { :: >".' .:-, " r' "', z;'" ~'-' ~-0. ,,',-':':'/-~., B. AUTOMOBILE COMPREHENSIVE LIABILITY: ~'itli;,}:~~pect toJiib~litY"t9f:'WJ~~<~2.or dea~.of persons and with respect to liability for destruction of or&4itiA~g~ t9~J:rIiQpetiy, t1ie:~A;~E:r,;i,GX~~sba.l~~b.~:'. insured and the insurance coverage shall be $500,000 cbi$'Ri}i?~~~!ri,~f~fiimit. such';in~1I[~p2@yji!~ir;~.e primary and other insurance maintained or carried by the A:G'it~(:Y;'sban be separate and~c~!:SJin4t;and shall not be contributing with the insurance listed hereund~~}j:tr:t{{fg~.t,~;~';~~,. "":":';V' -J, .,"c. ~'- .,,;:-.;':~~f~~' ):>~I::~r--< "':_ " . Failure of either or all of the insured to report a claim under stich insUi:ahfe'~h~n.;not prejudice the rights of the AGENCY thereunder. The AGENCY w.i~}-~~,-::~no obligatibhit~i;;!~;t~il)';ments of premiums because of its being an insured under s1JS*i#iUiiW~~" None ofthe'p~l1j'Ri~s';issued pursuant to the requirements contained herein shall be cap"6~lIe,q;\i~JI9We<{!9,Elxpire, or chailgeo in any manner so as to affect the rights of the AGENCY ther~@4~'Puntirt~~\(~Q);ql:lYs after written notice of such intended cancellation, expiration, or change'i;;';;/'~:"; ';:';'{),::>':;'" ,~.,~,~:5;.\, -,~ ':'i"'~'~}_"~.-:">: , "._"',-'".""._. 3:-' , .,; ._" , h\::,~:_:<~_' '-;r>", ;",_,~,,, "," XII WAGE-AND HOURS LAWCOMPLkINCE ,ji"'f~:'''' -, " .. .' -. ;': ",,',- )'~;r :'. '~(;T' ~~,:: , '::~.f::!-;,~~'~; ~'?\", "'~.< ,:,,~, -~:: ~ :;::-" CONSULTANT shall comply ~it1l~~};.~pplicable ProVi~}9~~;~~Jc_lli~.'fair Labor Standards Act and any other legislation affecting its ~m:pJ9)f~~~ and the rules ai1d;t;~~flr~ti6'lls issued thereunder insofar as applicable to its employees arrq~~~*~\~~t;'!lJI times save the AGENCY free, clear, and harmless from all actions, claims, and expenses aFi~j,ifg,t~!i.t:Ofsaid Act and rules and regulations that are or may be promlli~:(4 ~i~{s'~~~:;~;i::J~~'ANn OTHER TAXES L T ANT assumes fu1Bt~~ERdHPility for the payment of all payroll taxes, use, sales, income, or rm of taxes, fee licensest\~~~~.~~~, or payments required by any city, county, federal, or state ,l2n,,which are now or ma)j~:t!~i\~ng the term of the Agreement be enacted as to all persons e..;".:;,';!~he CONSUL T ANI(~~~:.~s to all duties, activities, and requirements by the CONS I. '. _ . :m.in performanq~;Qf:tlie'work on this project and under this contract and shall assume exclusW~~Y~~~~tl1.tfefore,~4~;:W~~t' all requirements thereunder pursuant to any rules or regulations. ""~;tf~~~l:;!ir' XIV DAMAGE CLAIMS CONSULTANT shall inde~nify and hold harmless the AGENCY from and against all claims for any and all damage, including but not limited to claims for damage to property or claims of misrepresentation in negotiations, due to negligence of the CONSULTANT or its employees including court costs and attorney's fees, ifany. Page 7 of9 Consultant Agreement for Negotiation Services XV CONTENT AND UNDERSTANDING This Agreement contains the complete and integrated understanding and agreement between the parties and supersedes any understanding, agreement, or negotiation whether oral or written not set forth herein or in written amendments hereto duly executed by both parties. XVI ATTORNEY'S FEES If the AGENCY brings any action or suit relating to the enforcement;,Qt:fhjs Agr~~.lllent or asking for any relief against CONSULTANT, declaratory or otherwise, .arising:~~t;s>fJ1.#s.Agreement or if CONSULTANT brings any action or suit against the AGEN,~z1 deaar~te~:2t;~tR:erwise, arising out of this Agreement, then the prevailing party in any ofth~s.~;~y~nts shall~~~;P~~~I'~tl~~~~onable attorney's fees and costs and expenses expended or inC1jjJ~FI~;il.I conn~gtio'ihwit1i'~4yIs:ll~l}.suit or a~tion. ".. ,~. . ,:".--r;~'. ,'/".,," .. ,-_>_",~,' :~.::' (;;.'"'~_ ~: ',':,. :;.;i~,c':10.f~L; {:(~:, '.';"',',,;;' i,:: '; ;,'; c'; XVII INDEPENDENT CONTRACT0)iL ';~LQ~D~.,.~.~;.".'t::.fC":' ,'. ~:;;?~~~s{~~~%t~~~~; ':7;t~r~t~, . The CONSULTANT shall at all times be an independent c6~!f:~2t6F;~]fja~{:~.employee of the AGENCY, and shall not be entitled to compensation or benefits of anY:1?ih(fexc~pt as specifically provided for herein. . / ';'~;c;' .;:;::~";;',:;:'z:;i',:;,/: .... - . ' ' -;:;. )',~'" '" . ~,~~i@~,l~f~r~~j;;i;,~:;; ,';'; Any notice given by either party to the othe~;~~g~der ~~3i!!;be s~rx~i!i~m.i!#,llvered in person, to the office of the representative authorized and de~igq.a:ted m;%iting to ~~:0fortlie respective party, or if deposited in the mail, properly stamp.ea!~ith ill;; requif~}!~j{bstage artd!@ddressed to the office of such representative as indicated in this ~gf;~N~nt. Either .~~tfsi~h~x~t9iiif~1} have the right to change any representative or address it may ha~~1giY~n to the othetjp~My';:~iWfig such other party due notice in writing of such Change," ;~;~l(~"r"If,~OF ::~:;' " ~~f(lplls that'fi€J~l:S:~R~~t;esent or contemplated future personal interest in .,,,~~S oftlli'"k!~elnent ":;1~;:~~S; GOVERNING LAW ~pt and the rights ar#r~blf~ations of the parties hereunder shall be governed by the laws ~ ,,\shington.c'&;:,:},}/ ~.r~:~!1;;r:~)3~;t~~:- ";it#"AUTHORIZED REPRESENTATIVE '-",~'- .. In performing the serviCes defined herein, CONSULTANT shall report to: Telephone Number CONSULTANT's Representative is: Telephone Number Page 8 of9 Consultant Agreement for Negotiation Services XXII APPROVAL OF AGREEMENT This Agreement shall become effective upon execution by the parties hereto. (Consultant's Name) (Agency) By: (Title) APPROVED FOR USE: Page 9 of9 DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL (PA .__..._______......._____________________a______________________________________________ SUBJECT: Public Hearing and adoption of Resolution No.3D'l5 approving amendments to the 2008 and 2009 Community Development Block Grant (CDBG) Funding Recommendations Committee Meeting Date: 7/8/2009 COUNCIL MEETING Date: 7/15/2009 Department: DCD - Block Grant Presenter: M.Vila / P. Elliott Phone: 360-473-5211 SUMMARY: The City of Bremerton Community Development Block Grant program has received additional funding for the 2008 (CDBG-R) and 2009 (CDBG) Action Plans. Please refer to the staff memo for details. ATTACHMENTS: 1. Staff Memo II. Proposed Resolution NO. '30'15 Exhibit A - Amended Action Plan Funding Recommendations Exhibit B - Options for Amended Action Plan (CDBG-R) funding: Exhibit C - Side-by-Side Comparison of Options FISCAL IMPACTS (Include Budgeted Amount): Pass through HUD funding of an estimated additional funding of$147,993.00 (CD -R), $29,429 (CDBG), and $15,000 (CDBG PI). APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: .)1 flY ~l 'I !i II CONSENT AGENDA lOll I' ,I GENERAL BUSINESS Dil! I PUBLIC HEARING f "II COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTIONS: Motion #1 - Move to approve Rank Order of Options as follows: Option A - Rank Order # I Option B - Rank Order # ..3 Option C - Rank Order # j.. Option D - Rank Order # t.I Motion #2 - Move to approve Resolution No~t>'f5 as the 2008 and/or 2009 Action Plan Amendment, as necessary, and authorize the Mayor to finalize and execute the agreement with substantially the same same terms and conditions as presented once all funding has been secured and HUD has aODfoved the Annual Action Plan. COUNCIL ACTION: [] Approve [] Deny []I Table iD Continue 10 No Action DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: Bremerton City Council From: Marie Vila and Phedra Elliott, CDBG/HOME July 17, 2009 2008 and 2009 CDBG Action Plan Amendments Date: Re: On June 3, 2009, Council approved the substantial Action Plan Amendments to the 2008 (CDBG-R) and 2009 (CDBG) Action Plans. The CDBG-R funding was awarded to the City's Playgrounds Program and to Boys and Girls Club's Teen Center. Because of the shift in funding of the Boys and Girls project from CDBG to CDBG-R, additional 2009 CDBG funding became available to more fully fund projects recommended for 2009 funding. Increases to funding was based on the CAC's 2009 contingent funding recommendations. Since submission to HUD on June 7,2009, HUD has further clarified the priority uses of CDBG-R funding and has informed staff that the proposed projects will not be eligible because they are perceived to be solely for recreational and entertainment. Further, HUD emphasized that projects should more fully address CDBG-R's broader goals: incorporating green building techniques, creating energy efficiencies, and addressing infrastructure needs, for example. Block Grant staff feels that funding of Boys and Girls Teen Center is still a viable option for CDBG-R funding because it addresses a wide range of academic and youth mentorship goals. However, because the Playground Program is truly recreational in nature, it has been removed as an option for CDBG-R funding. An increase in the 2009 CDBG grant will allow the Playground program to be funded at the reduced amount of $5,164.35, based on the CAC's contingent recommendation. In light of HUD's response to our original amendment, staff has prepared 4 options for the use of the CDBG-R funding. We are requesting that Council first pass a motion prioritizing the slate of options, included as an attachment to the resolution; and a second motion approving the resolution outlining an allocation plan to be resubmitted to HUD as substantial amendments to the 2008 (CDBG-R) and 2009 (if required) Action Plans. Adopting a slate of options in this manner will allow staff to submit its Amended Action Plan including Rank Order #1, and if that option is not acceptable to HUD, to submit Rank Order #2, and so on. CDtion A -Boys and Girls Teen Center - even though HUD views this project as recreation, Boys and Girls Club has submitted compelling information demonstrating recreation is only a small component of the B&G program. The teen center program will address the following core areas: Character & Leadership; Education & Career; Health & Life Skills; The Arts; Sports, Fitness & Recreation; and Technology. The Center will include a computer lab and multi-purpose space. Additionally, while the club provides educational and vocational support for teenagers it will also allows parents more freedom and flexibility in their own work, providing a positive economic benefit to the City of Bremerton. Construction of the 5,000 - 8,000 square foot Center will create at least 10 year-long full time equivalent temporary construction jobs, and, once operational, the Center itself will create at least 3.5 permanent full time equivalent jobs. It will be co-located on the Mountain View Middle School campus-a smart growth choice for the City. Green building techniques will be used. If this option is awarded, funding will be shifted from the 2009 CDBG allocation to CDBG-R, thus freeing up CDBG money to more fully fund two other Capital projects (KMHS Keller House and St Vincent de Paul's Women's Shelter), as directed by the CAC's 2009 contingent funding recommendations. Selection of this option also requires amendment of the 2009 Action Plan, due to redirecting of more than 10% of total grant funds. Cotion B - KCR Hewitt Avenue Transitional Housing Rehabilitation & KCR Weatherization Program - This option awards a portion of the CDBG-R funding to KCR's Hewitt Avenue Transitional Housing project to replace inefficient baseboard heating with energy-efficient heat pumps. The larger portion of funding will then go toward KCR's Weatherization program to weatherize homes for both homeowner occupied and rental units in the City. Both projects fully meet CDBG-R goals of creating construction jobs (employing 6-8 local contractors on multiple jobs), investing in infrastructure, promoting energy efficiency, and assisting low-income individuals who have been most affected by the recession. In the past, the City has stipulated that Weatherization funding be directed toward homeowners, however KCR has requested approval to also direct this funding toward rental units within City limits. KCR's rental program contract includes language protecting the public investment and low-income tenant in a number of ways for up to three years. Because neither of these projects were included in the 2009 CDBG funding recommendations (Hewitt was awarded HOME funds), selection of this option does not allow for any increases in funding to Boys and Girls Club, Kitsap Mental Health, or St Vincent de Paul projects. Cotion C - KCR Hewitt Avenue Transitional Housing Rehabilitation & City of Bremetton ADA Curbcuts OR Sidewalk Construction - This option will provide CDBG-R funding to KCR's Hewitt Avenue Transitional Housing, as described above. The remaining funds will support one of two City Streets Departments project submitted for funding in 2009: 1) City of Bremerton's ADA Curbcuts program, allowing the rehire of 1 FTE and investing in HUD's infrastructure goals at a cost of approximately $2,000 per curbcut (approximately 13 curbcuts); or 2) City of Bremerton Sidewalks program, extending sidewalk on McClain Street, near Armin Jahr Elementary, at a cost of approximately $15 per foot (enough for about 7,000 feet of sidewalk). City Council may recommend which Public Works project it prefers for funding; otherwise Public Works may select its preference. Cotion D - City of Bremetton ADA Curbcuts OR Sidewalk construction - This option will provide all available CDBG-R funding to the City's ADA Curbcuts program OR to Sidewalk Construction, as described in Option C. This would still allow for the rehire of 1 FTE, but would allow a larger number of curbcuts or feet of sidewalk to be completed. City Council may recommend which Public Works project it prefers for funding; otherwise Public Works may select its preference. A 7-day public comment period, commencing July 6,2009, was advertised in the Kitsap Sun. Recommendations were also posted to the City's website at that time. All comments received from the public will be provided to City Council for consideration. The amendments to the 2008 and 2009 Action Plans will be presented to City Council for adoption in a public hearing scheduled for July 15, 2009. If adopted, the first priority item will be forwarded to HUD for approval. Staff now presents these for Council consideration and approval. If approved, these amendments will be sent to the Department of Housing and Urban Development (HUD) on July 17, 2009. If you have any questions about the program or recommended funding, please do not hesitate to contact CDBG staff. Staff Memo CDBG-R Funding Recs 07152009M; page 2 RESOLUTION NO. '3oq 5 A RESOLUTION of the City Council of the City of Bremerton, Washington, amending the 2008 and 2009 CDBG Action Plans for submission to HUD. WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives funding from HUD's Home Investment Partnerships (HOME) fund via an interlocal agreement with Kitsap County; and WHEREAS, the City of Bremerton's 2009 CDBG award increased by 5% over last year's award; and WHEREAS, the City of Bremerton's 2008 award was increased through an additional award of$147,993 in CDBG-R funds through the American Reinvestment and Recovery Act; and WHEREAS, due to the size and nature of these funding increases the City of Bremerton must submit to HUD Substantial Amendments to its 2008 and 2009 Action Plans; and WHEREAS, Bremerton City Council originally approved funding recommendations for the 2008 Action Plan on November 7, 2007, and for the 2009 Action Plan on November 5,2008; and WHEREAS, Bremerton City Council approved Resolution 3090 approving the 2008 and 2009 Action Plan Amendments on June 3, 2009, but HUD did not approve the City's 2008 Action Plan for CDBG-R funding; and WHEREAS, because both CDBG and CDBG-R funding require public participation, the 2008 and 2009 Action Plans shall be amended in keeping with the CDBG Citizen Advisory Committee contingency recommendations for 2009 to the extent possible; and WHEREAS, Block Grant staff advertised the proposed amendment in a legal ad published in the Kitsap Sun on July 8, 2009 and conducted an abbreviated seven-day comment period commencing July 8, 2009 and has forwarded all comments to City Council for review; and WHEREAS, certain projects applied for or funded through the 2009 competitive cycle will instead be funded through CDBG-R based on HUD's clarification of use ofCDBG-R 1 2009 CDBG/HOME Funding Recommendation funds, Citizen Advisory Committee recommendations, Consolidated Plan goals, and forwarded to HUD in an amendment to the 2008 Action Plan; and WHEREAS, if applicable, 2009 CDBG funds freed up by funding projects with CDBG-R shall be reallocated based on Citizen Advisory Committee recommendations and forwarded to HUD in an amendment to the 2009 Action Plan; and WHEREAS, the Department of Community Development CDBG/HOME staff presents to City Council for adoption the amended funding recommendations and alternate plan, which, if approved will be forwarded to the Department of Housing and Urban Development in amended 2008 and 2009 Action Plans, as applicable; and WHEREAS, on July 15, 2009, the City Council conducted a public hearing and considered all testimony prior to their decision; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2008 CDBG Amended Action Plan funding recommendation attached in Exhibit A is hereby adopted, and will be incorporated into the Substantial Amendment to the 2009 Action Plan to be submitted to the Department of Housing and Urban Development on July 17,2009 for approval. SECTION 3. The 2008 CDBG-R funding recommendation attached in Exhibit B and ranked in priority order in Exhibit C, is hereby adopted, and will be incorporated into the Substantial Amendment to the 2008 Action Plan to be submitted to the Department of Housing and Urban Development on July 17,2009 for approval. SECTION 4. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. 2 2009 CDBGnIOME Funding Recommendation day of PASSED by the City Council of the City of Bremerton, Washington this _ , 2009. CECIL MC CONNELL, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk 3 2009 CDBG/HOME Funding Recommendation 2009 CDBG Funding Increases FUl1dina ~~urC@'!L.._._. El?,tim,g,te _.. ConfirmJ;~d CDBG Award $545,385.00 $574,814.00 ARRA Award $0.00 $147,993.00 2009 PI Estimate $20,000.00 $35,000.00 _._.__ ... '__' "J:?.E_ ..$.,35.,Q.Q.U...QO .$.3Q 0.0..0..00 .. .._ .__. .. J~.60J),.385._qO .~.$.7~.~J~QZ~9.9 * Final award confirmed Exhibit A Ine/Dee Notes $29,429.00 award increase* $147,993.00 award confirmed $15,000.00 ... $.Q..QQ... $192,422.00 AWARDS AWARD FUNDING SOURCES el:oiect.Name. R:\Community Development\DeptData\BLOCK GRANT PROGRAMS\2008\CDBG-R\CDBG-R Proposed Action Plan Changes Exhibit B 1 Updated 6/30/2009 AWARDS AWARD FUNDING SOURCES P..r.oiecLName $ ,5."Q. Q" Q "'" .16.4...1..&2 tQ . .,lIQ,,,t2,6,,,2's. $J1"CUa,~ ...tl1Q....1.~',a ~i.Q,lg.~,,~,Q, ~tg...QJlQ.JLQ. .....J,Q...Q.Q.O'..QL _$..l...aO.a ,0 ,. ~-..$_5.,,g~O_Q,,QQ. . ~ R:\Community Development\DeptData\BLOCK GRANT PROGRAMS\2008\CDBG-R\CDBG-R Proposed Action Plan Changes Exhibit B 2 Updated 6/30/2009 BrQiect.Name AWARDS AWARD FUNDING SOURCES .$.113,.PJIJLQ _$.164762..1.0 __$.114 Ji}62.8"Q ~$.~O.._(tQ.oJtQ, _$.lQ..1_2.6,_~~ $.7Q,J).t?26. $.1 Q..cLQO....O.Q. $. 1 1 Q J~J3.,~.a $j_1Q,l~p.2Jt $JQQ.,_O"Q,.o.Q ,,,,$.1JQ,J 2~t21t 1 Q,.1~6-" ~ . $_0.0_0. _$Jj~t64. .Q $.5....1e~j_g. _ $.9.,o..Q . Q $.q,J>JtO..Jl! :tQ,(lJ>JLQQ $.5...~OO..:.P_O $.15...500.00. ._$..R.,.9_0Q,.QQ._ $L_~Q. .00... $L 0_8.0Q. $.I.3_0.a,.0.Q. $.Q QQQ.:.Q.Q. _$..Q.,P.Q.Q,.Q'p $_Q,p.Q..QJLQ ,-$.j 3~,,1 !i!J.20.. $ Q,'p_O_O...O_O _.$.t 4,76.~...lQ.. _ '" $LQ...12~6 2.8 $.110..,1.2..6 2.a $. :lJ_Q,12. ,2.~. $.~,j.p~taQ_ ..$Q,.QOO.O..Q $.5 5.0,,0._ $7 3_08.0. $,,9.,5Q Q.O R\Community Development\DeptData\BLOCK GRANT PROGRAMS\2008\CDBG-R\CDBG-R Proposed Action Plan Changes Exhibit B 3 Updated 6/30/2009 Exhibit C Final rank from Council Rank Order # / meetin 7/15/09 Option A _ Boys & Girls Option B - KCR Hewitt Ave Teen Center Transitional Hsg Rehab & KCR Weatherization Program Option C - KCR Hewitt Ave Transitional Hsg Rehab & City of Bremerton ADA Curbcuts or Sidewalks Option D- City of Bremerton ADA Curbcuts or Sidewalks At least 10 FTEs for one year 3.5 6-8 Contractors on multiple short-term jobs 6 (5 short-term construction; 1 PW FTE for 1 year) o o 1 (PW FTE for 1 year) o Hewitt will lower energy costs for Curbcuts or Sidewalk will tenants and KCR; energy b"" bl efficiencies; Curbcuts or Sidewalk e greent permea e will be "green" permeable pavement. pavemen, Yes, provides upgrades and efficiences to housing stock; provides 13 ADA curbcuts or 965 feet of sidewalk $110 1 lineal foot pr.bvide Transiti~nal HO,using (N Provide Transitional Housing (N-1); provide ADA access (C- 1), Improve/retam housmg stock 'd ADA (C 2 1) 2 1) throu h WX H-3 provl e access -. . CAC Recommended funding for CAC Recommended funding for CAC did not recommend Hewitt, but not for Hewitt, but not for ADA Curbcuts or 2009 funding (applied) Weatherization a lied Sidewalks a lied 360 Individuals over 30 years + Area A B f't 380 individuals over 30 years B f't rea ene I ene I Fosters Energy Yes, will incorporated Yes - Significantly lowers Independence (Meets green building techniques energy costs for owners and "Green" Goals) and energy efficiencies renters; energy efficiencies Invests in I nfrastructu re Meets Consolidated Plan Citizen Advisory Committee Approval Low-income persons served yes, provides permanent public facility/smart growth Yes, provides upgrades and for benefit of the efficiences to housing stock communit Youth Centers (C-4.2) CAC Recommended for 2009 funding 500+/year Yes, provides 25 ADA Curbcuts or 1,210 feet of sidewalk ($110 1 lineal ft) Exhibit C Council Preliminary Scoring Results July 8, 20009 Councilmember 1 Councilmember 2 Councilmember 3 Councilmember 4 Council member 5 Councilmember 6 Councilmember 7 Councilmember 8 Councilmember 9 Option A 2 1 1 2 1 1 3 3 1 15 Rank Order #1 Option B 3 4 3 4 3 3 2 2 2 26 Rank Order #3 Option C 1 3 4 3 2 2 1 1 4 21 Rank order #2 Option 0 4 2 2 1 4 4 4 4 3 28 Rank Order #4 DATE SUBMITTED: June 29, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~B ........................................................................................ No. ~o~0 SUBJECT: Public hearing on ordmance approving Termination of a Three-Party Agreement Regarding Port Blakely properties. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: July 8, 2009 July 15, 2009 City Attorney's Office Roger Lubovich/ Andrea Spencer 473-2345 Phone: SUMMARY: In September 2000 Kitsap County, the City of Bremerton and Port Blakely Communities entered into a Three-Party Agreement. The Three Party Agreement was intended to implement portions of the Kitsap County Sub-Area Plan - Port Blakely Joint Planning Area. Both Kitsap County and the City of Bremerton have adopted subsequent comprehensive land use plan amendments and updates that have superseded the provisions set forth in the Port Blakely Subarea Plan. The City of Bremerton and Kitsap County have entered or will enter into a subsequent Interlocal Agreement Concerning Road Access for the Port Blakely area. There is no longer a need for the Three Party Agreement and therefore the parties desire to enter into an agreement terminating the same. ATTACHMENTS: Proposed Ordinance and "Termination: Three-Party Agreement" FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: .4J~ . ~- -c~:; CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. 5of6fo , approving the "Termination: Three-Party Agreement" and authorize the Mayor to finalize and execute the same with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 50<0 Co AN ORDINANCE of the City Council of the City of Bremerton, Washington, authorizing the Termination of a Three- Party Agreement between Kitsap County, the City of Bremerton and Port Blakely Communities regarding Port Blakely Properties. WHEREAS, in September, 2000, Kitsap County, the City of Bremerton and Port Blakely Communities entered into an agreement consisting of terms and conditions relating to comprehensive plan policies, annexations and further consisting of a development agreement relating to property owned by Port Blakely Communities ("Three Party Agreement"); and WHEREAS, the Three Party Agreement was intended to implement portions of the Kitsap County Sub-Area Plan - Port Blakely Joint Planning Area (Volume I, Version 2.4, as amended August 29, 2000 and issued September 8, 2000 (hereafter the "Port Blakely Sub-Area Plan"); and WHEREAS, the Port Blakely Subarea Plan and the Three-Party Agreement were adopted by Kitsap County pursuant to Ordinance 249-2000 on September 11,2000; and WHEREAS, the Port Blakely Subarea Plan and the Three-Party Agreement were adopted by the City of Bremerton pursuant to Ordinance No. 4722 passed by the City Council on September 20, 2000; and WHEREAS, on December 6, 2000, the City of Bremerton annexed the area that was subject to the Port Blakely Subarea Plan; and WHEREAS, both Kitsap County and the City of Bremerton have adopted subsequent comprehensive land use plan amendments and updates that have superseded the provisions set forth in the Port Blakely Subarea Plan; and WHEREAS, the City of Bremerton and Kitsap County have entered or will enter into a subsequent Interlocal Agreement Concerning Road Access for the Port Blakely area; and WHEREAS, there is no longer a need for the Three-Party Agreement and therefore the parties desire to enter into an agreement terininating the same ("'Termination: Three-Party Agreement"); NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The "Termination: Three-Party Agreement", attached hereto as Exhibit A, terminating the Three Party Agreement is hereby approved and the Mayor is 1 Port Blakely - Termination: Three-Party Agreement authorized to finalize and execute the same with substantially the same terms and conditions as presented. SECTION 2. City of Bremerton Ordinance No. 4722 is amended as follows: Section (l)(B) of Ordinance No. 4722 adopting the Three Party Agreement among Kitsap County, the City of Bremerton and Port Blakely Communities is repealed concurrent with the parties executing the "Termination: Three Party Agreement". SECTION 3. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2009 CECIL McCONNELL, Council President Approved this day of ,2009 CECIL McCONNELL, Mayor Pro Tern ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2009 ,2009 R:\Legal\Legal\Files\Cun-ent Active Files\Port Blakely Propelty\Final Agreements\Tennination 3-Palty Agreement - Ordinance.doc 2 Port Blakely - Termination: Three-Party Agreement TERMINATION: THREE-PARTY AGREEMENT [Bremerton, Kitsap County, Port Blakely] THIS TERMINATION: THREE-PARTY AGREEMENT ("Termination"), dated for reference purposes as the date ofthe last signature appended below, by the CITY OF BREMERTON, a Washington municipal corporation ("City"), KITSAP COUNTY, a Washington municipal corporation ("County"), and PORT BLAKELY COMMUNITIES, a Washington corporation ("Port Blakely") is intended to terminate that THREE- P ARTY AGREEMENT entered into by the aforenamed parties in September, 2000. RECITALS A. The City, County, and Port Blakely entered into that "Three-Party Agreement" effective September 26, 2000, applicable to 440 acres of property owned by Port Blakely and depicted on Exhibit A (the "Property"). The Three-Party Agreement is attached hereto as Exhibit B. The Three-Party Agreement appended a certain Sub-Area Plan for the Property, (Kitsap County Sub-Area Plan ~ Port Blakely Joint Planning Area (Volume I, Version 2.4, as amended August 29, 2000 and issued September 8, 2000) which both the County and City adopted as part of their respective Comprehensive Land Use Plans (hereafter the "Sub-Area Plan"). B. On December 6, 2000, the City annexed the Property by enactment of Ordinance No. 4739, consistent with the Three-Party Agreement. C. Since annexation of the Property, both the City and County have adopted updated Comprehensive Plans, which have superseded the Sub-Area Plan. The parties acknowledge that the Sub-Area Plan no longer applies to the Property. D. The County and City have approved an Interlocal Agreement between the City of Bremerton and Kitsap County for Road Access, addressing access to the Property and making certain other commitments regarding processing of development permits for the Property, including consideration of County comments during project review under the State Environmental Policy Act (SEP A). E. The parties agree that in light ofthe provisions ofthe Interlocal Agreement and other considerations, they desire to terminate the Three-Party Agreement. Accordingly, the City has approved Ordinance No. , on ,2009, authorizing termination of the Three Party Agreement; and the County has approved Ordinance No. , on ,2009, authorizing termination of the Three Party Agreement. NOW, THEREFORE, the City of Bremerton, Kitsap County, and Port Blakely agree as follows: PE 3-Party Termination ND: 15589.003 4851-1895-2963v1 7/112009 . . . . EXHmIt A:. page J 1. Each by their signatures below, the City, the County, and Port Blakely approve tennination of the Three-Party Agreement. 2. This Tennination: Three-Party Agreement is effective on the date of the last signature below. As of the effective date of this Tennination, the Three-Party Agreement is of no . further force or effect. 3. This Termination may be signed in counterparts, which taken together shall constitute the complete termination. Signature by the parties transmitted via facsimile shall be acceptable and binding. IN WITNESS WHEREOF, the City, County, and Port Blakely have executed this Termination. CITY OF BREMERTON, a Washington municipal corporation KITSAP COUNTY BOARD OF COMMISSIONERS By: CECIL McCONNELL, Mayor Pro Tern By: CHARLOTTE GARRIDO, Chair Date: Date: 345 Sixth Street, Suite 600 Bremerton, W A 98337 Phone: (360) 473-5290/Fax: (360) 478-5200 ATTEST: By: STEVE BAUER, Commissioner By: CAROL ETGEN, City Clerk Date: Date: Approved as to form: By: JOSH BROWN, Commissioner By: ROGER A. LUBOVICH, City Attorney Date: Date: Kitsap County 614 Division Street, MS 4 Port Orchard, W A 98366 Phone: (360) 337-7146/Fax: (360) 337-4432 PB 3-Party Termination ND: 15589.003 4851-1 895-2963v I 7lJflQJ~~(',l3(J!;l{)09 page 2 PORT BLAKELY COMMUNITIES, a Washington corporation, as agent for Port Blakely Tree Farms (Limited Partnership) By: ALAN BOEKER, President Date: 1011 NE High Street, Suite 200 Issaquah, W A 98029. Phone: (206) 225-2301/Fax: (425) 391-9028 ATTEST: By: , County Clerk Date: PB 3-Party Termination ND: 15589.003 4851-1895-2963v I WL200<:!MJOOOO9 page 3 EXHIBIT A Dl'ES INLET .. "" "~~E:Jr~:~~~~".. t:~N.I'''.'''.NCl ...nu.....". ..." <t... ..... ... >~'''..-......' "..... ,.,.,., ~",,\'T"~ t.......I<~, ,",..,,,,,,,. I BREMERTON CITY LIMITS ~._-.........._....-........~............. PH 3-Party Termination ND: 15589.003 4851-1895-2963vl 711/Z009MHJt200l) page 4 THREE~PARTY AGREEMENT [Brcmcrton, Kitsap County and Port Blakely] THIS THREE-PARTY AGREEMENT ("Agreement") is entered into effective on , 2000, by the CITY OF BREMERTON, a Washington municipal corporation ("City"), KITSAP COUNTY, a Washington municipal corporation ("County"), and PORT BLAKEL Y COMMUNITIES, a Washington corporation ("Port Blakely") to implement the Sub- Area Plan for the Port Blakely Joint Plarming Area. RECITALS A. Port Blakely Tree Farms (LP) owns 440 acres which have been designated by the County in its 1998 Comprehensive Plan as an Urban Joint Planning Area with the City:. '.' ("'Property"). The City and County have adopted or will adopt the SubMArea Plan for the Port Blakely Joint Planning Area ("Sub-Area Plan") as an amendment to their respective GMA Comprehensive Plans, including adding the Property to the County's Urban Growth Area for annexation into the City. The Sub-Area Plan was developed through the joint planning area process under Kitsap County Comprehensive Plan Policies UGA 6 through 13. A map of the Property covered by the Sub-Area Plan is attached as Exhibit 1. B. The City, County and Port Blakely desire to cooperatively review ~d implement transportation solutions, environmental protection, economic development and coordinated processing of annexation of the Property to the City and project approvals for the Property on the terms set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Nature of Agreement. This Agreement constitutes: (1) the interlocal agreement referred to in the County's 1998 Comprehensive Plan Policies UGA 6 through .13; (2) a development agreement between the County and Port Blakely pursuant to Chapter 36.70B RCW as to the matters addressed herein, although matters not addressed or addressed only generally are properly the subject of further development agreements between the City and, Port Blakely, so long as their terms are consistent with this Agreement and the Sub~Area Plan; and (3) together with the agreement required by Section 3.6.8 herein. the "annexation agreement" and "urban growth management agreement" for the Property that are required by the Kitsap COlUltYM Wide PI aIming Policy. . 2. City Adoption of Sub-Area Plan; Annexation ofSub-Area~ Ifthe City has not adopted the Port Blakely Joint Planning Area Sub-Area Plan prior to the effective date of this Agreement, then the City will adopt the Sub-Area Plan as soon as reasonably possible following the County's adoption of the Sub~Arca Plan. Upon adoption by both the County and City, the Sub~Area Plan is incorporated into this Agreement by this reference. C:\W1NDOWS\TEMPI3-Parly final AGM (9. I 2-00).doc EXHIBIT B Seattle Within thirty (30) days after City adoption of Sub-Area Plan, Port Blakely will submit an annexation petition to the City for annexation of the Property for development pursuant to th.e Sub.Area Plan and the City's corresponding zoning and a further development agreement for the Property. The County will support the annexation in accordance with this Agreement and the Sub-Area Plan. The parties will seek annexation as quickly as reasonably possible and believe the City and boundary review board approval can be completed within twelve (12) months after the City adopts the Sub-Area Plan (which twelve month period shall be extended during the period of any appeal of the annexation decision or appeal of the Sub-Area Plan ("Outside Date"). Iffor some reason not anticipated by any party the annexation is not completed with City and any BRB approval by the Outside Date then Port Blakely may cease its efforts to complete the annexation if it reasonably determines annexation will not be achieved within another six (6) months. Until the annexation is completed, the Property will have the Transitional Zone adopted by the County in conjunction with the County's adoption of the Sub-Area Plan. If the annexation is not completed by the Outside Date. and if Port Blakely thereafter notifies the County and City that it is ceasing the annexation efforts, the Property automatically will be deleted from the potential UGA and be designated as Interim Rural Forest (1 unit/20 acres) under the Kitsap County Comprehensive Plan and zoning. 3. Master Transportation Agreement. The parties hereby adopt a Master Transportation Agreement ("MT A") as set forth in this Section 3 to plan, design, permit, finance and construct an economic transportation corridor extending from SR-3 at Werner Road to and including the Port Blakely Property covered by the Sub.Area Plan and north to include Kitsap Way/Chico Way, the Chico Interchange with SR-3, and the Kitsap Way Interchange with SR-3. A map of the corridor area is attached as Exhibit 2. 3.1 Executive Committee. An Executive Committee is hereby established consisting of the following persons, and their successors or designees, to provide overall coordination and direction for the work to be perfonned under the MT A: . . . ~~'J . '''f. : t .;~ :"4"~~f;irt}..~tii;f"..~~~'ti<.;~.:.;~\~:. ~_; t~,. ':-'. . ~. __..t. P......,r--f/"7/(~rI: ..' ~ ...M'3:~'~J.. r.'~'.-- i'" . . .... :. ", I. -"'. ".~ i ~,.'~.~;'..'- ....... .1 City County Commissioner No. 3 Port Blakely Judd Kirk Wash DOT The Executive Committee will provide overall direction and guidance for the pl~ing, design and funding work under the MTA and its implementation. A primary task with the Executive Committee is to seek funding for transportation projects from state and federal sources. The Executive Committee shall adopt a schedule for the work and shall meet monthly or as often as determined by the Executive Committee. Decisions of the Executive Committee shall be by unanimous decision, but subject to the County's right to defer funds as set forth in Section 3.5 and 3.6.4. C:\WINDOWS\TEMP\J.Party Final AOM (9.12.00).doc 2 Seattle 3.2 Project Advisory Committee ("PAC"). A project advisory committee ("PAC") is hereby established consisting initially of the following representatives of the parties with technical expertise.or their designees: .... )I"', :~ '. ...; .~ . ','.~-"" -. -.... .~~~ '" .... ". .;.. ..;.' .1;..' '.: f,I,'11 1 P.r. - , '._ k(':P~ ,,~;):I'l ,r.r." r:.~... ......,.... ..'-,' "'. ~~ .:'~ ...~.......... . j":t" .. ... : ,-. ~...:.: [.. ~.. '~.n:-I...6'tt!.:P..."!. =llj~.~t:l,;14...,~'J-.."r:-.'?i.~t.;.H.,. 1..... ~ ~. ~...I...._..~.. ,,!I. .. "w" ... .. _ .. I,. . ... .,.",.. ....I:.Jl~.ht.~~.~.:.i """J.....A.t" City County DCn Director Port Blakely John Adams Wash DOT The PAC will advise the Executive Committee and any consultants performing work pursuant to theMTA. 3.3 Administrative Lead Agency. The City is designated as the lead agency for administrative, accounting, SEP A and pennitting purposes. As administrative lead agency, the City will appoint a primary project manager who will be responsible for overall project management, directing environmental review, preparation of plans and specifications, and coordination of consultant and agency efforts~ Funding for the project manager will come out of the funding contributions of Port Blakely andlor the City under Section 3.6 (and may include in~ kind contributions from the City). 3.4 Grant and Funding Application. Each party will be a lead or co-lead agency when requested by any other party or required as part of an application for securing of state or federal funding, including but not limited to grants. TEA-21 funds or its successor) or federal highway funds for any segment of the proposed improvements. However) if such application involves matching local funds or repayment of loans using City or County funds) then any such application shall be approved by the legislative body whose funds are being used for the local match or loan repayment. 3.5 North and South Access Alignments. 1be improvements within the transportation corridor will be built in phases. Preliminary information indicates that the south access segment of the transportation corridor is the preferred access to be built first. However, the Executive Committee and the PAC shall review the enviromnental impacts, costs and other considerations to further evaluate whether the south access or north access should be built first. The parties anticipate selection of which access to build first will be made by unanimous decision of the Executive Committee, but if unanimous decision is not reached) then the City may select the first access. If the City selects the north access first, then the County may defer making its funding contribution until funding is needed for the south access as provided in Section 3.6.4. 3.6 Funding Commitments. The City, County and Port Blakely each will contribute $2,400,000 as follows: C:\WINDOWS\TEMP\3.Party Filial AGM (9-J2.QO).doc 3 ScatUe 3.6.1 Port Blakely Initial $1,500,000 Funding. Port Blakely will pay the initial costs of the corridor study and analysis under this MTA up to $1,500,000. This funding will be used (a) to evaluate the overalI corridor study to recommend the preferred alignment for the south access and north access to the Property, (b) to provide information to the Executive Committee for its decision whether the south access or north access should be built first, and (c) for preliminary design, environmental review, permitting and construction of the first access road. 3.6.2 City and County $1,500,000 Funding. After Port Blakely has contributed its $1,500,000 pursuant to Section 3.6.1 above, the City and County (subject to . " ,?t?f~rra.l,.ir;t~ction 3.6.4) each shall contribute, on a 50-50 basis, $1,500,000 for work under this , ',,' ';"::\<JtJ.:!~luding continuation of the planning, design, permitting, financing and construction of . improvements within the corridor. 3.6.3 Additional $900,000 Funding per Party. After the City and County contributions under Section 3.6.2, Port Blakely shall contribute funds until it has contributed an. additional $900,000 (collectively $2,400,000). Thereafter, the City and County (subject to deferral in Section 3.6.4) will contribute, on a SO~50 basis, an additional $900,000 (collectively $2,400,000 each). Port Blakely's $2,400,000 contribution is Port Blakely's full fair share obligation and capped contribution for the south access and north access as follows: (i) $1,500,000 for the south access (defined for purposes of Port Blakely's cap amount as the new access road from the Property boundary through the intersection with Werner Road); and (ii) $900,000 for the north access (defined for purposes of Port Blakely's cap amount as that portion of the corridor covering the new access road from the north boundary of the Property through the intersection with Northlake Way or other collector road depending on the selection of the final north access alignment). See Exhibit 3. However, the EXecutive Committee may allocate and use funds in a different proportion or at different times subject to the following: (a) sufficient funds shall be reserved or otherwise identified for the environmental analysis, permitting and design for the second access to be built; and (b) the allocation of funds should seek to maximize the additional funding needed (including matching grants) to implement the transportation improvements planned for the corridor. 3.6.4 County Funding for South Access. Notwithstanding the foregoing. the County intends its funding to be for the south access segment of the corridor unless an alternative access is the preferred choice by unanimous decision of the Executive Committee. Consequently, the County may limit its funding contributions to the south access only, and may defer its contribution to the extent no funding is needed for the south access at the time the Cmmty otherwise would be contributing its funding. 3.6.5 Additional Port Blakely On-Site and Off-Site Responsibility. Port Blakely's $2,400,000 contribution for the south access and north access (as defined in Section 3.6.3 above) shall not be used or credited against Port Blakely's responsibility (a) for on- site road improvements within Port Blakely's Property, i.e., the project site, or (b) to meet Port Blakely's funding responsibilities for other off-site improvements on Werner Road as it exists on the effective date of this Agreement, at SR-3 or for any other roads in the enlarged transportation corridor. C:\WINOOWS\TEMP\3.Party Final AGM (9-l2.00).doc 4 Seattle 3.6.6 Right of Way Dedication and Credit. The land located within Port Blakely's Propelty which is dedicated for road right of way shall not be a credit towards Port Blakely's $2,400,000 contribution. Port Blakely also is responsible to pay the costs of the on.site road improvements within the Property, which costs are in addition to Port l3lakely's $2,400,000 contribution as provided in Section 3.6.5. Any right of way owned by the City or County, as of the effective date of this Agreement, which is used for the south access or north access shall be provided at no cost and shall not be a credit towards their respective contributions under this Agreement. Notwithstanding the foregoing, if any party purchases off-site property for right of way, the fair market value of the portion of the property used as right of way purchase shall be a credit towards that party's respective contribution. This fair market value may be the full cost of acquisition if the entire area is used for right of way or if the land left Over after the right of way dedication has little or no value. Any dispute over valuation of the right of way shall be resolved by an appraisal by a mutually acceptable appraiser rather than dispute resolution under Section 9. 3.6.7 Fair Share Contributions From Benefited Properties. The parties will implement systems for fair share contributions from other property and real estate developments located within a UGA which benefit from the study or improvements made in the transportation corridor pursuant to this Agreement. These may include establishment of LIDs, latecomer or similar reimbursements. Further, the City and County may impose mitig~tion provisions on new projects that will impact the transportation corridor. 3.6.8 Compliance; Revenue Sharing. Each party's financial participation is conditioned upon each other party's fulfilling the terms of this Agreement. The City agrees to negotiate with the County for a revenue sharing agreement that ensures the City and County will each recoup their total unreimbursed capital investment in approximately the same time frame (and the parties acknowledge the Cityts capital investment in connection with implementation of the SubwArea Plan may exceed $2,400,000). This revenue sharing agreement shall be fully executed before the County is required to contribute in accordance with Section 3.6.2. 3.7 Additional Port Blakely Off-Site Transportation Contributions. The impacts of the proposed project on Port Blakely's Property pursuant to the Sub-Area Plan will be quantified during the Master Plan SEP A review process. The City will require mitigation from Port Blakely for impacts on County roads using a formula based upon a fair share system. Roads built within Port Blakely's Property to serve the project will not be claimed by Port Blakely as credits or offsets against Port Blakely's contribution required for off-site road improvements. 3.8 Alternative Transportation. The Master Plan will identify specific requirements to enhance the use of alternative transportation including: (a) design of all phases of the project to be transit-supportive through planning of bus routes and convenient location of bus stops and shelters (actual installation of facilities will be phased to meet demand and to coordinate with available transit service to the site); (b) creation of a non-motorized circulation system linking open spaces, residential areas, business areas and activity centers; and (c) implementation of Transportation Management Plans as required under the Washington State Clean Air Act, with those plans to be developed cooperatively with Kitsap Transit and requiring C:\WINDOWS\TEMP\.l-Party Final AGM (9-12-00).doc 5 SClIulc companies with 100 or more employees to develop a Transportation Demand Management Plan to the extent required by state law. 4. Master Plan EIS. The City will prepare an environmental impact statement. with Port Blakely to reimburse the costs thereof, as part of the Master Plan approval process consistent with the analysis outlined in the Port Blakely Joint Planning Area Sub-Area Plan as follows: Volume I, Table 2, "Preliminary Scope for Environmental Review--Land Use, Housing, Aesthetics, Recreation, Historic and Cultural Preservation"; Table 3, "Preliminary Scope for Environmental Review--Envirorunental Earth, Air, Water, Energy, Environmental Health, Noise, Light and Glare;" Table 4, "Preliminary Scope for Environmental Review-- Traffic & Transportation;" and Table 8, I<Preliminary Scope for Environmental Review--Urban Services Public Services and Utilities." The BIS will be prepared by a third-party consultant selected by the City after COWlty participation in the consultant selection process. In addition. Port Blakely will reimburse the City for the costs of staff or consultant work in the review; adoption and implementation of the Master Plan pursuant to a budget mutually approved by the City and Port Blakely. Any mitigation measures specified in the final EIS as needed to avoid significant adverse environmental impacts will become project conditions in the Master Plan. 5. Environmental Requirements. 5.1 Fish Habitat; Other Critical Areas. The Master Plan will include policies and mitigation measures to protect fish habitat based on existing studies as provided in Section 6.7 below. Further, the parties acknowledge that sustaining existing fish habitat and protecting other critical areas are important goals of this SubMAreaPlan. In order to ensure that the most appropriate environmental standards are applied to protect fish resources and other critical area resources on and adjacent to the site and downstream, the City, County and Port Blakely will. by mutual agreement, select and retain a third-party expert. The City, County and Port Blakely will each contribute one.third of the costs associated with retaining the third-party expert. The expert will evaluate studies and reports prepared during the Environmental Impaet Statement process and will recommend to the City which environmental standards should be established for on-site protections for fish resources and other critical area resources. The expert shall use the following criteria in determining which environn'lental standards to recommend to the City as the most appropriate and effective for use in the Sub--Area to protect fish resources and other critical area resources. The selected environmental standards shall be based on those most likely and necessary to protect fish and other critical area resources using the following criteria: 5.1.1 The environmental standards set forth in Exhibit 4, which are the stricter of the provisions found in the City of Bremerton and/or Kitsap County Critical Area Ordinances applicable to urban areas; or 5.1.2 The expert may recommend more stringent or alternative environmental standards than contained in Exhibit 4 provided that (a) the standards in Exhibit 4 are determined to be inadequate to provide the recommended degree of protection and (b) th-;;- recommended standards have been adopted and applied for private project mitigation by other C:\WINDOWSITEMP\3.Party Final AGM (9.12.00).doc 6 Seanle Washington local governments (including the City or County) for fish habitat protection in urban areas, or as otherwise agreed by the parties. 5.1.3 The environmental standards also shall comply with the Endangered Species Act and implementing regulations. 5.1.4 The envirorunental standards also shall meet the requirements of the Policy of Washington Department of Fish and Wildlife and Western Washington Treaty Tribes Concerning Wild Salmon ids adopted December 5, 1997 ("Policies"). The "requirements of the Policies" mean the extent to which any portions of the Policies have been adopted as regulations that govern private real estate projects. The Washington Fish and Wildlife Department has stated "The policy is not a regulation and does not grant the Department any new authority." [FAQs, www.wa.gov/wdfw/faq].Th.e..Policies are"a guide to the Department and tribal parties in implementing existing statutes or as a framework for adopting new rules or regulations. See Policies: Scope, Use and Limits of this Policy, 14, at Pg 44.] 5.2 Monitoring. During the Master Planning phase, a monitoring plan will be developed for stormwater discharge areas from the project (See Appendix Item 2, Task 11). The City will consult with the County, the Suquamish Tribe and other interested parties in developing the scope and duration of the monitoring plan for on-site and off-site impacts. The data obtained through the monitoring plan will be made available to the County, Tribe and'other interested parties. The monitoring plan will have periodic evaluations, and if monitoring shows the project is causing significant adverse environmental impacts, then the project mitigation measures for subsequent phases will be adjusted. 6. Sub-Area Plan Ame~dments. Unless the parties otherwise agree, aU parties will abide by the thresholds for development within the following sections of the Sub-Area Plan: 6.1 Limitation on number of residences (900 single family - 1,200 multi- family in Sub-Area Plan ~ 4.1.21(6). 6.2 Limitation of residential uses to no more than 1/3 oftrips per Sub-Area Plan ~ 4.3.21(1). 6.3 Off.site traffic generation from uses established within the Project Area shall not exceed a total of 3,000 P.M. peak hour trips per Sub-Area Plan ~ 4.3.21(1). 6.4 Monitoring traffic and reporting at 1,500 P.M. peak hour trips per Sub- Area Plan S 4.3.21(2). 6.5 Limitation to 675 homes until pioneering businesses are developed per Sub-Area Plan 9 4.4.21 (2). 9 4.1.21 (5). 6.6 Retail uses shall be capped at 100,000 square feet per Sub-Area Plan 6.7 Implementation of the recommendations (in the form of Master Plan policies or other mitigation measures adopted at the time of the Master Plan) of the following C:\W1NDOWS\TEMP\3-PlIrly Final AGM (9.12.00).dQC 7 Seattle three environmental studies listed as Items 3, 4 and 6 .in Volume II of the Port Blakely Sub-Area Plan, unless those recommendations conflict with the goals, policies, performance standards or projects set forth in Volume I of the Sub-Area Plan or with other EIS-related studies done for the Property: Recommendationfor the Protection of Aquatic Resourcesfor the Port Blakely Kitsap Lake Joint Planning Area, Associated Earth Sciences, Inc. (May 1999) (item #3); Comments on Recommendationsfor the Protection of Aquatic Resources, Reinelt Consulting (June 14, 1999) (item #4); and Storm Water Management Recommendations. Associated Earth Sciences, Inc. (July 21, 1999) (item #6). For any proposed future amendments of the Sub-Area Plan by the City not involving the 7 limitations set forth in this Section 6. I through 6.7 above, the City will refer the proposed amendment to the County for comment. If the County considers an amendment to be contrary to theintent of the Sub-Area Plan, then the parties will enter discussions to attempt to resolve the issue prior to action by the City. 7. Project Review. 7.1 County Comment on Project Phases. Kitsap County will be given the opportunity to review and corrunent upon the Master Plan and each phase of the project within the Property prior to approval by the City ofBremerton. The contact person for the County who shall receive all notices and materials from the City shall be the Director of Community Development and delivered to the Kitsap County CotUihouse, 614 Division St., Port Orchard. W A 98366, or such other address designated by the County. If the Property is developed in phases, the County will complete its review within ten (10) working days after receiving the plans for each phase. 7.2 Public Involvement. Project review shall include public involvement and participation of interested property owners, Tribes and appropriate agencies and groups. In particular, the City during the environmental review process shall seek input from the Suquamish Tribe. 8. Cooperation for Economic Development. All parties will work diligently to attract job-producing firms to locate within the Property as soon as feasible. City and County officials will participate in meetings with prospective firms when requested by Port Blakely. Until 500 pioneering jobs have been created, Port Blakely will make annual reports to the Executive Committee on the actions being taken to prepare and market the employment sites within the project. and the Executive Corrunittee wilt discuss actions which each party to this Agreement should take to facilitate the creation of jobs at the project. 9. . Notice and Curej Dispute Resolution. As provided in this Section 9, all parties agree to mediation in the event ofa failure to resolve any dispute relating to the subjects within the scope of dispute resolution as defined in Section 9.3 below. 9.1 Notice and Cure. Any party who believes another party is not meeting its obligations relating to a matter defined in Section 9.4 shall deliver written notice to all parties specifying the alleged failure to perform ("Default Notice"). Within 7 days after delivery of the Default Notice, all parties shall meet to resolve the dispute unless the party who was alleged to c:\ WINDOWS\jEMI'\3-Pany Final AGM (9-12.00).doc 8 Seattle not be performing delivers a written reply setting forth its agreement to perform as specified in the Default Notice. 9.2 Mediation. [fthe dispute is not resolved within the 7 day period provided in Section 9.1, then the parties shall mutually agree upon a mediator and complete at least 4 hours of mediation within 21 days after the Default Notice. The mediator shall be jointly selected at the meeting to be held under Section 9.1. If mutual selection does not occur within those 7 days, then any party may seek appointment of a mediator through application to the superior court utilizing the procedures ofRCW 7.04.050. 9.3 Scope of Dispute Resolution. The parties desire dispute resolution to be a quick and efficient remedy for the subjects covered. Consequently, ifthe dispute is for a subject covered by this Section 9, a Default Notice must be within 21 days after the party discovers or has notice of a failure to perform, and if the Default Notice is not delivered within said 21 days, then the claim for default is waived and no further enforcement or dispute resolution action shall be commenced. Dispute resolution under Section 9 applies to the following subjects: compliance by each party with its funding commitments under Section 3.6; whether the Master Plan EIS includes the scope as provided in Section 4 above; whether the Master Plan mitigation measures implement the requirements and conditions set forth in Section 5 above; and compliance with the seven items in Section 6.1 through 6.7 above. Dispute Resolution under Section 9 shall not apply to the following: amendment and comment provisions under Section 6 (but dispute resolution shall apply to any dispute over compliance with the seven items in Section 6.1 through 6.7); the County's comment rights under Section 7, or individual permits or approvals for projects within the Property. Matters not covered by dispute resolution may be enforced by appropriate judicial action. 10. Forest Land Taxation. To the extent the owner of the Property is obligated to pay a compensating tax upon removal of the land from forest land classification under RCW ch. 84.33, then the amount of such compensating tax shall be distributed to Kitsap County (whether the compensating tax payment is distributed before or after annexation of the Property into the City) in the same amount as if the compensating tax had become due for the Property prior to annexation. 11. Term. This Agreement shall terminate at the earlier of completion ofthe buildout of the Master Plan (as determined by a written notice from Port Blakely) or 15 years from the effective date of this Agreement. 12. General Provisions. 12.1 Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. 12.2 Entire Agreement; Amendment; Conflict. This Agreement represents the entire Agreement between the parties on the subjects covered herein and may be amended only by a written amendment signed by each party. In the event of any conflict between the Sub- Area Plan and the provisions of this Agreement, this Agreement shall control. C:\WINDOWs\TEMPI3.Party Final AGM (9-12-00).doc 9 Scal\le ~ 12.34.ttorneys' Fees. The prevailing party in any action to enforce this Agreement shall be entitled to recover Attorneys' Fees and expenses actually incurred (including in appellate proceedings), except payment of fees for Dispute Resolution under Section 9 shall be govemed by Section 9. . 12.4 . Binding Effect; Authority. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns. Each party represents and warrants to the other that it has full right, authority and capacity to execute and perfonn this Agreement, and each represents to the other that the person signing this Agreement is duly authorized and has full authority to do the same. 12.5 No Third Party Beneficiary; No Partnership. This Agreement is made solely for the benefit of the City, the County and Port Blakely. No third-party shall have any rights under this Agreement and no term or provision of this Agreement shall benefit any person or entity other than the undersigned three parties. Nothing in this Agreement creates any partnership, joint venture or other arrangement between the parties except as specifically provided herein. 12.6 Time of Essence. Time is of the essence of this Agreement. If the final date for any time period set forth under this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the Suite of Washington, then the time period shall be extended to the next day which is not a weekend or legal holiday. 12.7 Invalid Provision. lfany provision of this Agreement is held to be invalid, illegal or unenforceable under present or future laws. then that provision shall be fully severable. This Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision had never comprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such unenforceable provision. 12.8 Notices. Any notice or communication under this Agreement shall be delivered to the parties at the addresses set forth by their signatures. or at such different address as any party may designate. \ Every notice shall be in writing and is deemed delivered upon receipt if personally delivered or sent via verified facsimile transmissionJ or within 48 hours if deposited in the U.S. Mail. 12.9 Counterparts. This Agreement may be signed in counterparts, which taken together shall constitute the complete agreement. Signature by the parties transmitted via facsimile shall be acceptable and binding. IN WITNESS WHEREOF, the City, County and Port Blakely have executed this Agreement effective on the date of the last signature below. C:\WINDOWS\TEMP\3.Party Final AGM (9-12-00).doe 10 Seattle CITY OF BREMERTON, a Washington municipal corporation . BY~rto~ Ji1 Its Mayor Dated:. f -X t ~'1>' 286 Fourth S reet' . Bremerton, W A 98337 Phone: (360) 478-5282/Fax: (360) 478-5278 PORT BLAKELY COMMUNITIES, a Washington corporation, as agent for Port Blakely Tree Fanns (~imited Partnership) By z..o. 00 1775 -12th Ave. .E.. uite 101 Issaquah. W A 98027 Phone: (425) 391-4700/Fax: (425) 391-9028 Exhibits: 1 - Map of Property covered by Sub-Area Plan 2 - Map of Transportation Corridor 3 - Map of South Access and North Access 4 - Environmental Standards for Fish Habitat C:\WLNDOWS\TEMl'\3-Party Final AGM (9-12-00).doc 11 Seattle bris Jf~resen. Commissioner By ~~dr,. ~ Charlotte Garrido, Commissioner Kitsap County Courthouse 614 Division Street Port Orchard, WA 98366 Phone: (360) 337-7182/Fax; (360) 337-4925 A ITEST: LC- J-<....... /" .0 -1r- ;... <: -<!> <f> <5' '/> ~~ ~ ~ 1 1 i I,l't tr ':Utt t1 ! ~ ; : 'J! SR 3 .Ji~ : i rJ!""." ".' l 5 i 8U~""u. !'l~r:'f rlL(- llX'\i"9 d....' ~^1t. !>/~/OO S 1 ~ C ~It EEJ. .- N EZJ CITY OF 8REMtRTON AREA OF PROPOSED ZONING AMENDMENT Exhibit 1 Projeot location Map Port Blakely Joint Planning Area CHICO WAY/SR 3 PORT Bl.AKeL Y JOINT PLANNING AREA (PBPA) KITSAP WAY/SR :l l WERNER ROAD/SR 3 Parametrlx, Inc. Porl8\a~.tym~.~m-005(OI) OIOO(K. EXHIBIT 2 Transportation Corridor Study Area ~'*"'~~~~~...~. .,..' . -":,~ ....~~ ~~,. # ~ ~ , I I I I ~ PORT BLAKELY PROpeRTY OUTSloe PBPA BOUNDARIES PORT BLAI<El Y JOINT PLANNING AREA (P8PA) NOTE; . Transportation Irylprovements within the paPA will be Funded E~duslvely by Port Blakel)'. . Off.SUe Transportation Obligation Nollncluded In Funding Commllmenls, except ror North (lnd Soulh Access. NORTHLAKE WAY (OR OTHER COLLECTORS) I NORTH AND SOUTH ACCESS FUNDING COMMITMENTS . PORT 8lAKEL Y . KITSAP COUNTY . CITY OF 6REMERTON WERNER ROAD/SR 3 Parametrix, Inc. Po~ lllo'.1y1il34'J137000~08111OO Oil EXHIBIT 3 Transportation Access Diagram EXIDBIT 4.PORT BLAKELY SUB AREA.; Applicable Critical Areas St~ndards. Note: The following table represents the selection of tbe stricter of Kitsap County's and the City ofBremerton's subsmntive critical area regulations and standards. All of these regulations and standards will be adopted and administered by the City as part of the substantive development standards governing the Port Blakely Master Plan. ORDINANCE ADOPTED CRITICAL AREA BREMERTON eLOI lO1'SAP COUNTY CAOJ APPLICABILITY TO SITE AS STANRDARD Aquifer Recharge Regulated under Kitsap County Hydrogeologic report required in Highly penneabJe soils on north Bremerton CLO, Section Areas Ground Water Management Plan. Category I or II areas. The report must ' part of site would be a Category II 21.22.070 (see 'attached). address impacts to groundwater and Aquifer Recharge Area of surface water. Mitigation or design Concern. modification may be required. Geologically Limit timing, amount, and Vegetated buffers (25 ft) required on Development not expected or Bremercon CLO, Section Hazardous Areas severity of development, stabilize steep slopes (>30%). Geoteclmical proposed on steep slopes, except 21.22.100 (see attached). (GRAs) slope, or maintain 50-ft buffer report required for development within possi"blyon access roads. from top of geologically 200 ft ofGHA. h32ardous areas. Erosion control plan, geotechnical and/or soils report required prior to development in GRAs. Fish and Wildlife Regulated according to WDFW Habitat Management Plan required for On-site wetland and streams could Kitsap County CAO, Section Habitat species management guidelines. portion of property witbin 200 ft of be Class 11 areas. 18.16.300 (see attached). Conservation Areas Addresses habitats not otherwise Class I or II Wildlife Conservation covered under Hydraulic Project Areal. Stream buffer averaging only Approval and Shoreline allowed for minor new developments. Management Plan. Flood Hazard Flood Hazard Areas are lOQ..yr Regulated under Kitsap County Flood No flood hazard areas located on Bremel10n CLO, Section Areas flood plain designated by FEMA. Damage Prevention Ordinance No. 80. site. 21.22.090 (see attached). No loss ofstbrage volume. C.\Oalalwcrking131 J7\POrJ Blak/~)> lobll!.re...l..doc I of] DATE SUBMITTED: June 29, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A ........................................................................................ SUBJECT: Approval of Interlocal Agreement between the City of Bremerton and Kitsap County for Road Access to Port Blakely properties. Committee Meeting Date: July 8, 2009 COUNCIL MEETING Date: July 15, 2009 Department: City Attorney's Office Presenter: Roger Lubovich I Andrea Spencer Phone: 473-2345 SUMMARY: On December 6,2000, the City passed Ordinance No. 4739 annexing approximately 440 acres into the City of Bremerton owned by Port Blakely Communities. The City has jurisdiction over the property for planning and development approvals, including but not limited to public roads and utilities. Based on the location of the property, it is likely that an access road or roads may need to cross portions of unincorporated Kitsap County. The parties agree that it is in the public interest and consistent with policies of the two jurisdictions to cooperate for the development and maintenance of an access road or roads to the property as set forth in the proposed Interlocal Agreement. ATTACHMENTS: Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~ h L~~~M f1 ~U~~. ~~:fthc~_ 4;( COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA D GENERAL BUSINESS ~ PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Interlocal Agreement between the City of Bremerton and Kitsap County for Road Access and authorize the Mayor to finalize and execute the same with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve D Deny 0 Table D Continue 0 No Action INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP COUNTY FOR ROAD ACCESS I. RECITALS WHEREAS, on December 6, 2000, the City of Bremerton ("City") enacted that Ordinance No. 4739 annexing approximately 440 acres into the City of Bremerton in 2000, as depicted on Exhibit A, (hereafter the "Property"), and WHEREAS, a development proposal for the Property will need to comply with the State Environmental Policy Act, RCW Ch. 43.21C ("SEPA"), and WHEREAS, the City now has jurisdiction over the Property for planning and development approvals, including but not limited to public roads and utilities, and WHEREAS, based on the location ofthe Property, it is likely that an access road or roads may need to cross portions of unincorporated Kitsap County, and WHEREAS, the parties agree that it is in the public interest and consistent with policies of the two jurisdictions to cooperate for the development and maintenance of an access road or roads to the Property, and WHEREAS, RCW Ch. 39.34 provides authority for jurisdictions to enter into interlocal agreements; NOW, THEREFORE, the City of Bremerton and Kitsap County agree as follows: II. AGREEMENT A. Parties. The Parties to this agreement are the City of Bremerton ("City") and Kitsap County ("County"). The Parties agree as follows. B. Lead Agency for SEP A. The Parties agree that the City will be the lead agency for SEP A compliance for any development approvals sought for the Property, which for the purposes of this Agreement includes, without limitation, any road access and utilities connections that may need to cross portions of unincorporated Kitsap County to serve the Property ("Access Road"). Kitsap County reserves the right to comment on development plans and environmental review through the SEP A process and as otherwise provided by law. The City agrees that it will consider the impacts to County Rights of Way when reviewing any project associated with the Property, and will submit any conditions for approval that are proposed by the County, to the proper review authority. C. Access Road(s). The Parties recognize that any road designed to provide access to the Property will primarily serve property within City boundaries, may tie into a City-owned road and utilities system within the Property, and will facilitate development within the City, from which the City will be the main recipient of property tax revenues. Therefore, it is the I Port Blakely Road Access intent of this Agreement that the City shall be the agency responsible for review and decision making over any permit applications for an access road to serve the Property, and furthermore shall be responsible for the ownership and maintenance of any public roads constructed to serve development within the Property, in accordance with Paragraph B, above. 1. Permitting and Maintenance. The Parties agree that if a landowner within the Property, or its agent, shall seek, to develop an access road to serve the Property, then the City will be the permitting agency for road construction, and City development standards will apply. The City shall accept and process such road permit applications, applying City permit review and issuance procedures and development standards under City code as if the full extent of such access roadway were within City boundaries. The City shall be responsible for construction, ownership, and ongoing maintenance of any Access Road to the Property, including any segment thereof outside of City boundaries as authorized by RCW Ch. 39.34, to the point of connection with any existing County right-of-way, PROVIDED, however, that the City's responsibility to own and maintain an Access Road under this Agreement is conditioned upon the right-of-way being conveyed to the City by deed or dedication. PROVIDED further, that the County may propose conditions for development approval upon a project proposal for the Property, where the proposed condition is intended to mitigate impacts to County facilities. 2. Landowner Agreements. Nothing in this Agreement is intended to limit the City's authority with regard to permits and approvals for development proposals for the Property, including an Access Road. Nothing in this Agreement is intended to limit the City's authority to enter into one or more agreements with any landowner within the Property regarding development of the Property or an Access Road to the Property, including financing and mitigation for project impacts. 3. Proiect Coordination. The Parties recognize that a future Access Road may involve other property owners or affect or be affected by other project proposals. The Parties agree to use good faith efforts to coordinate project reviews and requirements, and to encourage cooperation among affected property owners. D. Implementation, Term, and Miscellaneous Provisions 1. Administrator. The City shall be the Administrator ofthis contract. As Administrator, the City shall be responsible, at no cost to the County, for environmental review, permitting and approval functions, and ownership, maintenance and repair of Access Road improvements governed by this Agreement. 2. Effective Date. This Agreement shall be effective from the date that it is (a) executed by the Parties and (b) recorded in the County Auditor's office or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source. The Mayor and County Commissioners shall execute the Agreement pursuant to authorization by the legislative bodies ofthe two jurisdictions. 3. Term. The term for this Agreement shall be perpetual unless the City annexes the unincorporated property over which the Access Road is constructed or unless otherwise agreed. 2 Port Blakely Road Access 4. Amendment. This Agreement may be amended by the express written agreement of both Parties, which will require authorization by the legislative bodies of the two jurisdictions. 5. Indemnifications. The City agrees to indemnify and hold the County harmless for and from any third party claims or liability that arise under this Agreement or in connection with the City's responsibilities for any Access Road, except as may result from the negligence or contributory negligence of the County. 6. Policies and Regulations. The provisions of this Agreement are not intended to and do not amend other City and County Policies. Other policies shall be interpreted and applied consistent with the terms of this Agreement. The City may adopt additional policies or regulations affecting the Property that are not inconsistent with the terms of this Agreement. Notwithstanding this provision however, once this Agreement is executed, the City and the County agree to terminate, as soon as practicable, the "Three Party Agreement" executed by the City, the County, and Port Blakely Communities in September 2000 (KC-448-00). 7. Attorneys Fees. In the event either ofthe Parties defaults on the performance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys fees, costs and expenses. 8. Counterparts. This Agreement may be signed in counterparts. which taken together shall constitute the entire agreement. Signature by parties transmitted via facsimile or electronically shall be acceptable and binding. IN WITNESS THEREOF, the Parties have executed this Agreement. CITY OF BREMERTON, a Washington municipal corporation KITSAP COUNTY BOARD OF COMMISSIONERS By: CECIL McCONNELL, Mayor Pro Tern By: CHARLOTTE GARRIDO, Chair Date: Date: ATTEST: By: STEVE BAUER, Commissioner By: CAROL ETGEN, City Clerk Date: Date: 3 Port Blakely Road Access Approved as to form: By: ROGER A. LUBOVICH, City Attorney Date: By: JOSH BROWN, Commissioner Date: ATTEST: By: , County Clerk Date: Approved as to form: By: Sr. Deputy Prosecuting Attorney Date: R:ILegallLegallFileslCurrent Active FileslPOIt Blakely PropertylRoad Interlocal Agreement - 6-1-09.doc 4 Port Blakely Road Access EXHIBIT A DYES INLET .. ,,~'r-.~"'~:J-'" '~t:Uol.r..,*..TtNQ; ...au'....... ....~ f;i~l~.:.L' . .~.^'''-......~..". .e'.'.1 .@":~~:i ,..................... "..~...-'" I BREMERTON CITY LIMITS THn....~.....-*_ .................,.,....... PB 3-Party Termination ND: 15589.003 4851-1895-2963vl ]/11200.2M}G/l{l\J9 page 4 ,I Port Blakely Regional Vicinity . Legend '. Port Blakely Region Tax Parcels .......... i i Bremerton City Limits ........ This Map was generated for general planning purposes, the user of this map must assume responsibility for determining ils suitablity for other pUlposes. This map created on June 15, 2009 by Lindsey Sehmel File: R:\Community DevelopmentlCommunity DevelopmentlGlS_Archive IRevised_StructureIBremerton_CityINeighborhoodsIPortBlakVicinily ,mxd , .,", \ 11!~-dll'J"! 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'f . -;--- -- 'T '--, :IIJ-..,I-----.'- - .lL5;.fJI , 1 ' "I ,.;: ~ "1 ' ' I: ,~'Ir;~.\ ~ ,)~~-d~dltl'J..l';. L--.J ------1 ~. - :, I . I "~'~';;..'.cJI.'~.:.'.."',. ,lln ~ I_~,......!'" -- I f ~ \:'., ~ ,^ , ,-"),, ". "', [nc, - ,I I' '~" ' I I . I' _'0 ;. _1"- < - , I f----_ -I I .. .' I', , , ' I I" \J.:' :,- ',':' ~t'----- II, ,- I I' .. ':";'~'-' J 1 L'... :., I -.---'--.i -lll -,'I---l-~-"...I,--:l .:. ..,"'~:;~' .r,~ I I - I I, . ..' j:':[Y r~r-! L.) DA TE SUBMITTED: July I, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7& ........................................................................................ SUBJECT: No. 50'07 Consider ordinance providing for the issuance and sale of a limited tax general obligation refunding bond of the City in the aggregate amount of$5,370,000 to refund certain outstanding limited tax general obligation bonds of the City. Committee Meeting Date: July 2, 2009 COUNCIL MEETING Date: July 15, 2009 Department: Finance Presenter: Andy Parks Phone: 473.5722 SUMMARY: The ordinance provides for the issuance of refunding bonds to refinance and restructure the existing $5.075 million outstanding debts (1999 refunding and 2001 issue) to finance Gold Mountain improvements. The total existing annual debt service is approximately $620,000 per year, or approximately 18% of gross revenues. The proposed refunding will extend the term and reduce the annual payments, will be a taxable issue, and will be purchased by the City as an investment. The Golf Course Board of Directors approved a motion to approve the refinance with a term of no more than twenty years and an interest rate not to exceed 4.5%. The proposed structure will allow the Golf Facility to significantly improve cash flow and purchase replacement equipment without additional borrowing. ATTACHMENTS: Ordinance and financial schedules. The proposed refunding includes interest of3% through 2011, 3.5% 2012 - 2013,4% 2014-2015, and 4.5% thereafter. FISCAL IMPACTS (Include Budgeted Amount): If approved, the annual debt service will be reduced from approximately $620,000 to a maximum of approximately $470,000 per year. Additionally, the City's yield on its investments will improve by more than $100,000 per year, distributed throughout all City funds with cash balances. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT' CONSENT AGENDA 0 GENERAL'BUSINESS ~ PUBLIC HEARING 0 (Y10-V(.. ~ fct55 or~ce.. NOf ~509L- C1..S rr4~' RECOMMENDED MOTION: Berommeoo passi8g ordinanee as pr~fi'~nted. ~ COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 5087 AN ORDINANCE of the City of Bremerton, Washington, providing for the issuance and sale of a limited tax general obligation refunding bond of the City in the aggregate principal amount of $5,373,000 to refund certain outstanding limited tax general obligation bonds of the City. WHEREAS, the City of Bremerton, Washington (the "City") now has outstanding $2,890,000 principal amount of its Limited Tax General Obligation Refunding Bonds, 1999, issued under date of August 15, 1999 (the "1999 Bonds"), and $2,185,000 principal amount of its Limited Tax General Obligation Bonds, 2001 issued under date of March 1, 2001 (the "2001 Bonds"), and WHEREAS, after due consideration it appears to the City Council that the 1999 Bonds and 2001 Bonds may be refunded by the issuance and sale of a limited tax general obligation refunding bond (the "Bond"), which refunding will give the City greater flexibility in managing the City's Gold Mountain Golf Complex; and WHEREAS, the 'Council has determined that it is in the best interest of the City to have the City purchase the Bond as an investment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions. As used in this ordinance, unless a different meaning clearly appears from the context: "Bond" means the "City of Bremerton, Washington, Limited Tax General Obligation Refunding Bond, 2009" in the principal amount of$5,373,000 authorized by this ordinance. "City" means the City of Bremerton, Washington, a municipal corporation duly organized and exiting under and by virtue of the Constitution and laws of the State of Washington. 5099663] .4 "1999 Bonds" means the Limited Tax General Obligation Refunding Bonds, 1999 of the City, issued under date of August 15, 1999, pursuant to Ordinance No. 4662, passed by the Council on July 28, 1999. "Refunded Bonds" means the City's outstanding 1999 Bonds and 2001 Bonds. "2001 Bonds" means the Limited Tax General Obligation Bonds, 2001 of the City, issued under date of March 1, 2002, pursuant to Ordinance No. 4756, passed by the Council on February 21,2001. Section 2. Authorization of the Bond. The Council hereby authorizes the issuance and sale of a limited tax general obligation refunding bond of the City in the total principal amount of $5,373,000. The Bond shall be designated as the "City of Bremerton, Washington, Limited Tax General Obligation Refunding Bond, 2009," shall be dated as of the date of its initial issuance, shall be in fully registered form, and shall bear interest on unpaid principal from its date at a per annum rate of 3 % from the date of issuance through December 31, 2011, increasing to 3.5% beginning January 1,2012 through December 31,2013, increasing to 4.0% from January 1, 2014 through December 31,2015, and increasing to 4.5% from January 1, 2016 through December 31, 2028, payable no less than annually by each December 31 st. The principal of the Bond shall be payable on each December 31 st, beginning December 31, 2010, in the amounts set forth on Exhibit A. Section 3. Registration. Payment and Transfer. The City's Director of Financial Services shall act as paying agent and registrar for the Bond (collectively, the "Bond Registrar"). ,Upon final payment of all installments and interest thereon, the Bond shall be cancelled. Section 4. Prepayment. The Bond may be prepaid in whole or in part at any time. 2 Section 5. Security, The Bond is a general obligation of the City. The City hereby irrevocably covenants that it will include in its budget and levy an ad valorem tax, within and as a part of the tax millage levy permitted to cities without a vote of the people, upon all the property within the City subject to taxation in an amount which will be sufficient, with other money legally available therefor, to pay the principal of and interest on the Bond as the same shall become due; The full faith, credit and resources of the City are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The pledge of tax levies may be discharged prior to maturity of the Bond by making full provision for the payment thereof. Section 6. Application of Bond Proceeds. Proceeds received from the Bond shall be used immediately upon receipt thereof to defease the Refunded Bonds and pay costs of issuance and refunding. The City shall defease the Refunded Bonds and discharge such obligations by the use of Bond proceeds that will provide for the payment of: (i) interest on the 1999 Bonds on December 1, 2009; and (ii) the redemption price (100% of the principal amount thereof) of the 1999 Bonds on December 1, 2009, and (iii) interest and principal on the 2001 Bonds on each June 1 and December 1 through December 1, 2011; and (iv) the redemption price (100% of the principal amount thereof) of the 2001 Bonds on December 1, 2011. The City hereby irrevocably calls the Refunded Bonds that are 1999 Bonds for redemption on December 1, 2009, and the Refunded Bonds that are 2001 Bonds for redemption on December 1, 2011. The defeasance and calls for redemption of the Refunded Bonds shall be 3 irrevocable after the receipt of the Bond proceeds. The Director of Financial Services is authorized and requested to enter into an escrow agreement with a bank trust department and to cause the proceeds of the Bond to be deposited into the escrow account and used to refund the Refunded Bonds. Section 7. Form and Execution of the Bond. The Bond shall be in substantially the following form: UNITED STATES OF AMERICA NO. R-l $5,373,000 STATE OF WASHINGTON CITY OF BREMERTON LIMITED TAX GENERAL OBLIGA nON REFUNDING BOND, 2009 ' REGISTERED OWNER: CITY OF BREMERTON MATURITY DATE: DECEMBER 31, 2028 PRINCIP AL AMOUNT: FIVE MILLION THREE HUNDRED SEVENTY-THREE THOUSAND AND Nonoo DOLLARS The City of Bremerton, Washington (the "City"), a municipal corporation organized and existing under the laws of the State of Washington, hereby acknowledges itself to owe and for value received promises to pay, but solely from the Bond Account hereinafter identified, to the Registered Owner identified above on the Maturity Date, the Principal Amount shown above. Amounts received under this Bond shall bear interest at the rates identified on an exhibit attached hereto, as set forth in Ordinance No. 5087 of the City, passed on July 15, 2009 (the "Bond Ordinance"). Interest on this Bond shall accrue from the date money is received, until paid and shall be computed on the basis of a 360-day year of twelve 30-day months. Interest shall be payable no less than annually by each December 31 st. Upon payment of this Bond in full, this Bond shall be cancelled. The City may prepay this Bond in whole or in part at any time This Bond is issued pursuant to the Bond Ordinance for the purpose of refunding certain outstanding limited tax general obligations of the City. The City has irrevocably covenanted that it will deposit taxes levied, bond proceeds or refunding proceeds, in amounts which, together with other money of the City legally available therefor, will be sufficient to pay the principal of and interest on this Bond as the same shall become due. 4 It is hereby certified and declared that this Bond is issued pursuant to and in strict compliance with the Constitution and laws of the State of Washington and ordinances of the City and that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have happened, been done and performed. IN WITNESS WHEREOF, the City of Bremerton, Washington, has caused this Bond to be executed by the manual or facsimile signature of the Mayor and attes~ed by the manual or facsimile signature of the Clerk, and the seal of the City to be imprinted or impressed hereon as of the 11 th day of September, 2009. CITY OF BREMERTON, WASHINGTON By /s/ Mayor ATTEST: /s/ . City Clerk REGISTRA nON CERTIFICATE This Bond is registered in the name of the Registered Owner on the books of the City, in the office of the Director of Financial Services (the "Bond Registrar"), as to both principal and interest, as noted in the registration blank below. Date of Registration Name and Address of Registered Owner Signature of Registrar September 11, 2009 City of Bremerton Director of Financial Services Section 8. Execution. The Bond shall be executed on behalf of the City with the manual or facsimile signature of its Mayor, shall be attested by the facsimile or manual signature of the City Clerk and shall have the seal of the City impressed or imprinted thereon. Section 9. Purchase of the Bond. The City's investment funds shall purchase the Bond. Section 10. Ratification: General Authorization. The Mayor, Director of Financial Services and other appropriate officers of the City are authorized to take any actions and to 5 , execute documents as in their judgment may be necessary or desirable in order to carry out the terms of, and complete the transactions contemplated by, this ordinance. All acts taken pursuant to the authority of this ordinance but prior to its effective date are hereby ratified. Section 11. Effective Date. This ordinance shall become effective ten days after its passage and publication as required by law. PASSED by the City Council of the City of Bremerton this 15th day of July, 2009. CITY OF BREMERTON, WASHINGTON Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 6 EXHIBIT A Maturity Date (December 31) Principal Amount Interest Rate 2010 $ 105,000 3.00% 2011 105,000 3.00 2012 105,000 3.50 2013 105,000 3.50 2014 200,000 4.00 2015 220,000 4.00 2016 245,000 4.50 2017 270,000 4.50 2018 290,000 4.50 2019 303,000 4.50 2020 317,000 4.50 2021 331,000 4.50 2022 346,000 4.50 2023 362,000 4.50 2024 378,000. 4.50 2025 395,000 4.50 2026 413,000 4.50 2027 432,000 4.50 2028 451,000 4.50 50996631 4 -~-_._--~'--_...-~-------~----------------~-----------~._-~-~-~-~-~-_._~------~- .- __"'__~'_____U__ _ ___. _____~____._. _______.___ __~._ SOURCES AND USES OF FUNDS City of Bremerton (Golfcourse) L TGO and Refunding Bond - Placement Variable Rate Dated Date Delivery Date 07/28/2009 07/28/2009 Sources: 09REFP Bond Proceeds: Par Amount 5,370,000.00 5,370,000.00 Uses: 09REFP Refunding Escrow Deposits: Cash Deposit SLGS Purchases 0.80 5,336,400.00 5,336,400.80 Delivery'Date Expenses: Structuring Agent Fee Costs of Issuance (Estimate) 16,1 10.00 15,000.00 31,110.00 Other Uses of Funds: Deposit to Debt Service Fund 2,489.20 5,370,000.00 Jul 6, 2009 5: 12 pm Prepared by D.A. Davidson & Co. (Finance 6.013 BREMRTON:2009C) Page I SUMMARY OF FINANCING RESULTS City of Bremerton (Golfcourse) L TGO and Refunding Bond - Placement Variable Rate Series Bond Bond Par Yield Escrow Contingency Yield Negative Arbitrage Net Savings L TGO Refunding Bonds, 2009 (Placement) 5,370,000.00 3.896% 2,489.20 0.912% 169,648.83 28,639.38 5,370,000.00 2,489.20 169,648.83 28.639.38 Aggregate: Arbitrage Yield Escrow Yield 3.895757% 0.911952% Ju16,2oo9 5:12 pm Prepared by D.A. Davidson & Co. (Finance 6.013 BREMRTON:2009C) Page 2 --~--~~------------~----------~_._-------~--------_._--_._----~~~----~-------- .-- -~ - --~ .------- ~. - --- - --- - ---~ -- -- - - -. - ---- ~~ -- SA VINGS City of Bremerton (Golfcourse) L TGO and Refunding Bond - Placement Variable Rate Present Value Prior Refunding to 07/28/2009 Date Debt Service Debt Service Savings @ 3.8957570% I 2/3 1/2009 495,146.25 68,467.50 426,678.75 421,307.87 12/31/2010 618,232.50 266,100.00 352,132.50 335,842.59 12/31/2011 625,212.50 262,950.00 362,262.50 332,244.97 12/31/2012 620,897.50 285,731.67 335,165.83 295,553.50 12/31/2013 625,500.00 281,925.00 343,575.00 291,333.69 12/31/2014 628,595.00 398,062.92 230,532.08 188,279.49 12/31/2015 615,132.50 410,000.00 205,132.50 161,179.94 12/31/2016 620,860.00 448,850.00 172,010.00 129,941.70 12/31/2017 619,812.50 462,825.00 156,987.50 114,061.85 12/31/2018 617,232.50 470,675.00 146,557.50 102,384.15 12/31/2019 243,095.00 472,625.00 -229,530.00 -153,939.68 12/31/2020 246,985.00 468,900.00 -221,915.00 -143,188.27 12/31/2021 469,725.00 -469,725.00 -291,681.58 12/31/2022 469,875.00 -469,875.00 -280,644.68 12131/2023 469,350.00 -469,350.00 -269,634.73 12/31/2024 473,150.00 -473,150.00 -261,437.69 12/31/2025 . 471,050.00 -471,050.00 -250,339.60 12/31/2026 473,275.00 -473,275.00 -241,911.76 12/31/2027 469,600.00 -469,600.00 -230,860.82 12/31/2028 ' 470,250.00 -470,250.00 -222,340.79 6,576,701.25 8,063,387.09 -1,486,685.84 26,150.18 Savinl!:s Summarv PV of savings from cash flow Plus: Refunding funds on hand 26,150.18 2,489.20 Net PV Savings 28,639.38 Jul 6, 2009 5: 12 pm Prepared by D.A. Davidson & Co. (Finance 6.013 BREMRTON:2009C) Page 3 -------------~----~------~---_.- - - -- ~" u_ "___ SUMMARY OF REFUNDING RESULTS City of Bremerton (Golfcourse) L TGO and Refunding Bond - Placement Variable Rate Dated Date Delivery Date Arbitrage yield Escrow yield Bond Par Amount True Interest Cost Net Interest Cost Average Coupon Average Life Par amount of refunded bonds Average coupon ofrefuIided bonds Average life of refunded bonds PV of prior debt to 07/28/2009 @ 3.895757% Net PV Savings Percentage savings of refunded bonds Percentage savings of refunding bonds 07/28/2009 07/28/2009 3.895757% 0.911952% 5,370,000.00 3.895757% 3.990070% 3.990070% 12.570 5,075,000.00 5.025344% 5.733 5,396,150.18 28,639.38 0.564323% 0.533322% (Finance 6.013 BREMRTON:2009C) Page 4 Jul 6, 2009 5: 12 pm Prepared by D.A. Davidson & Co. ._~------_._-~-~---~-~-_._------------~-------~-~- . -.- -. ---_._"_."--- .-- - - ~-_..- SUMMARY OF BONDS REFUNDED City of Bremerton (Oolfcourse) L TOO and Refunding Bond - Placement Variable Rate Maturity Interest Par Call Bond Date Rate Amount Date LTOO BONDS, 2001 (Clubhouse),OILTINS: SERIAL 1 2/01/2009 4.300% 140,000.00 12/01/2010 4.400% 145,000.00 12/01/2011 4.400% 155,000.00 12/0112012 4.550% 160,000.00 12/01/2011 12/01/2013 4.650% 170,000.00 12/01/2011 12/0112014 4.750% 175,000.00 12/01/2011 12/01/2015 4.850% 185,000.00 12/01/2011 12/0112016 4.900% 190,000.00 12/01/2011 12/01/2017 4.950% 200,000.00 12/0112011 12/01/2018 5.000% 210,000.00 12/0112011 12/01/2019 5.050% 220,000.00 12/01/2011 12/0112020 5.100% 235,000.00 12/01/2011 2,185,000.00 L TOO REF BONDS, 1999 (Ref. 94 OOLF), 99R: SERIALS 12/0112009 4.800% 230,000.00 12/01/2010 4.850% 240,000.00 12/01/2009 12/0112011 4.900% 255,000.00 12/0 I /2009 12/0112012 4.950% 265,000.00 12/0112009 12/01/2013 5.000% 280,000.00 12/0112009 12/01/2014 5.050% 300,000.00 12/0112009 12/01/2015 5.100% 300,000.00 12/0112009 12/0112016 5.150% 325,000.00 12/0112009 12/0112017 5.200% 340,000.00 12/0112009 12/01/2018 5.250% 355,000.00 12/0112009 2,890,000.00 5,075,000.00 ------------~----_._- ---- . --- _ __ '- n. _ H_______ _ ,_._ _"_.. _. ___ Call. Price 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 Jul 6, 2009 5: 12 pm Prepared by D.A. Davidson & Co. (Finance 6.013 BREMRTON:2009C) Page 5 --~---------~---~----~--~--------"-~----- ~---- _H_ '___' _"U, __. ___._.__.__ __.__~ _____ _U. .____._.________._ _ _. _.._ . ._._ _____..._".n..,_ _. _. ___ .--------------------------- -.- .--- ---- .--- - - -- --- - .-- BOND SUMMARY STATISTICS City of Bremerton (Golfcourse) L TGO and Refunding Bond - Placement Variable Rate Dated Date Delivery Date Last Maturity 07/28/2009 07/28/2009 12/31/2028 Arbitrage Yield True Interest Cost (TIC) Net Interest Cost (NIC) AIl-In TIC Average Coupon 3.895757% 3.895757% 3.990070% 3.955108% 3.990070% Average Life (years) Duration of Issue (years) 12.570 9.990 Par Amount Bond Proceeds Total Interest Net Interest Total Debt Service Maximum Annual Debt Service Average Annual Debt Service 5,370,000.00 5,370,000.00 2,693,387.09 2,693,387.09 8,063,387.09 473,275.00 415,103.58 Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price 100.000000 Bond Component Par Average Average Value Price Coupon Life 5,370,000.00 100.000 3.990% 12.570 5,370,000.00 12.570 All-In Arbitrage TIC TIC Yield 5,370,000.00 5,370,000.00 5,370,000.00 Tax-Exempt Par Value + Accrued Interest + Premium (Discount) - Underwriter's Discount - Cost of Issuance Expense - Other Amounts -31,110.00 Target Value 5,370,000.00 5,338,890.00 5,370,000.00 Target Date Yield 07/28/2009 3.895757% 07/28/2009 3.955108% 07/28/2009 3.895757% lul 6, 2009 5: 12 pm Prepared by D.A. Davidson & Co. (Finance 6.013 BREMRTON:2009C) Page 6 -~----_.._----------_..~-----~_._-~-"--~~~~----~-~--~--~--.-~-~.--- - _._n_ _ ._____ .. _ _ .. ____.H___ _ BOND PRICING City of Bremerton (Golfcourse) L TGO and Refunding Bond - Placement Variable Rate Maturity Bond Component Date Amount Rate Yield Price Tax-Exempt: 12/31/2010 105,000 3.000% 2.993% 100.000 12/31/2011 105,000 3.000% 2.996% 100.000 12/31/2012 105,000 3.500% 3.137% 100.000 12/31/2013 105,000 3.500% 3.215% 100.000 12/31/2014 200,000 4.000% 3.349% 100.000 12/31/2015 220,000 4.000% 3.441 % 100.000 12/31/2016 245,000 4.500% 3.567% 100.000 12/31/2017 270,000 4.500% 3.663% 100.000 12/31/2018 290,000 4.500% 3.738% 100.000 12/31/2019 305,000 4.500% 3.798% 100.000 .I 2/31/2020 315,000 4.500% 3.847% 100.000 12/31/2021 330,000 4.500% 3.888% 100.000 12/31/2022 345,000 4.500% 3.923% 100.000 12/31/2023 360,000 4.500% 3.952% 100.000 12/31/2024 380,000 4.500% 3.978% 100.000 12/31/2025 395,000 4.500% 4.001 % 100.000 12/31/2026 415,000 4.500% 4.021 % 100.000 12/31/2027 430,000 4.500% 4.038% 100.000 12/31/2028 450,000 4.500% 4.054% 100.000 5,370,000 Dated Date 07/28/2009 Delivery Date 07/28/2009 First Coupon 12131/2009 Par Amount 5,370,000.00 Original Issue Discount Production 5,370,000.00 100.000000% Underwriter's Discount Purchase Price 5,370,000.00 100.000000% Accrued Interest Net Proceeds 5,370,000.00 Ju16,2009 5: 12 pm Prepared by D.A. Davidson & Co. (Finance 6.013 BREMRTON:2009C) Page 7 -------~------_._------_._-------------~----_._~-----~--------_._--------------~--~ -- - - -.. -- - ._-- -. - .--_. ---. - -.. --- BOND DEBT SERVICE City of Bremerton (Oolfcourse) L TOO and Refunding Bond - Placement Variable Rate Dated Date 07/28/2009 Delivery Date 07/28/2009 Period AQnual Ending Principal Coupon Interest Debt Service Debt Service 12/3 1/2009 68,467.50 68,467.50 68,467.50 06/30/2010 80,550.00 80,550.00 12/31/2010 105,000 3.000% 80,550.00 185,550.00 266,100.00 06/3012011 78,975.00 78,975.00 12/31/2011 105,000 3.000% 78,975.00 183,975.00 262,950.00 06/3012012 90,431.67 90,431.67 12/31/2012 105,000 3.500% 90,300.00 195,300.00 285,731.67 06/3012013 88,462.50 88,462.50 12/31/2013 105,000 3.500% 88,462.50 193,462.50 281,925.00 06/3012014 99,062.92 99,062.92 12/31/2014 200,000 4.000% 99,000.00 299,000.00 398,062.92 06/30/2015 95,000.00 95,000.00 12/31/2015 220,000 4.000% 95,000.00 315,000.00 410,000.00 06/3012016 101,925.00 101,925.00 12/3112016 245,000 4.500% 101,925.00 346,925.00 448,850.00 06/3012017 96,412.50 96,412.50 12/3112017 270,000 4.500% 96,412.50 366,412.50 462,825.00 06/3012018 90,337.50 90,337.50 12/31/2018 290,000 4.500% 90,337.50 380,337.50 470,675.00 06/30/2019 83,812.50 83,812.50 12/31/2019 305,000 4.500% 83,812.50 388,812.50 472,625.00 06/3012020 76,950.00 76,950.00 12/31/2020 315,000 4.500% 76,950.00 391,950.00 468,900.00 06/30/2021 69,862.50 69,862.50 12/31/2021 330,000 4.500% 69,862.50 399,862.50 469,725.00 06/3012022 62,437.50 62,437.50 12/31/2022 345,000 4.500% 62,437.50 407,437.50 469,875.00 06/30/2023 54,675.00 54,675.00 12/31/2023 360,000 4.500% 54,675.00 414,675.00 469,350.00 06/3012024 46,575.00 46,575.00 12/31/2024 380,000 4.500% 46,575.00 426,575.00 473,150.00 06/3012025 38,025.00 38,025.00 12/31/2025 395,000 4.500% 38,025.00 433,025.00 471,050.00 06/3012026 29,137.50 29,137.50 12/31/2026 415,000 4.500% 29,137.50 444,137.50 473,275.00 06/3012027 19,800.00 19,800.00 12/31/2027 430,000 4.500% 19,800.00 449,800.00 469,600.00 06/30/2028 10,125.00 10,125.00 12/31/2028 450,000 4.500% 10,125.00 460,125.00 470,250.00 5,370,000 2,693,387.09 8,063,387.09 8,063,387.09 ---.- ---'---~------- Jul 6, 2009 5: 12 pm Prepared by D.A. Davidson & Co. (Finance 6.013 BREMRTON:2009C) Page 8 --""------'----~-----------~-------"----~------------~---~--,-----~---- -~ -" -- - - -- -- - -.- - -- ---" -- - _, - __ ___ ~ - ____~ 0- BOND DEBT SERVICE City of Bremerton (Golfcourse) L TGO Refunding Bonds, 2009 (Placement) Dated Date 07/2812009 Deli very Date 07/2812009 Period Ending Principal Coupon Interest Debt Service 12/31/2009 68,467.50 68,467.50 12/31/2010 105,000 3.000% 161,100.00 266, 100.00 12/31/2011 105,000 3.000% 157,950.00 262,950.00 12/31/2012 105,000 3.500% 180,731.67 285,731.67 12/31/2013 105,000 3.500% 176,925.00 281.925.00 12/31/2014 200,000 4.000% 198,062.92 398,062.92 12/31/2015 220,000 4.000% 190,000.00 410,000.00 12/3112016 245,000 4.500% 203,850.00 448,850.00 12/31/2017 270,000 4.500% 192,825.00 462,825.00 12/3112018 290,000 4.500% 180,675.00 470,675.00 12/31/2019 305,000 4.500% 167,625.00 472,625.00 12/31/2020 315,000 4.500% 153,900.00 468,900.00 12/31/2021 330,000 4.500% 139,725.00 469,725.00 12/31/2022 345,000 4.500% 124,875.00 469,875.00 12/31/2023 360,000 4.500% 109,350.00 469,350.00 12/31/2024 380,000 4.500% 93,150.00 473,150.00 12/31/2025 395,000 4.500% 76,050.00 471,050.00 12/31/2026 415,000 4.500% 58,275.00 473,275.00 12/31/2027 430,000 4.500% 39,600.00 469,600.00 12/3112028 450,000 4.500% 20,250.00 470,250.00 5,370,000 2,693,387.09 8,063,387.09 ~_._----------- - - - ------------- ---- ----- _._-----------------------------------~------ -------- Jul6,2009 5:12 pm Prepared by D.A. Davidson & Co. (Finance 6.013 BREMRTON:2009C) Page 9 City of Bremerton Gold Mountain Golf Complex Restructured Financing July 2009 Ratio of Ratio of Cumulative Projected Current Debt Proposed Debt Change in Change in Gross Debt Service to Debt Service to Cash Cash Flow Revenue Service Gross Rev Service Gross Rev Flow Real $'s 3,503,450 620,146 18% 193,468 6% 426,678 426,678 3,609,000 618,233 17% 266,100 7% 352,133 778,811 3,717,000 625,213 17% 262,950 7% 362,263 1,141,074 3,829,000 620,898 16% 285,732 7% 335,166 1,476,240 3,944,000 625,500 16% 281,925 7% 343,575 1,819,815 4,062,000 628,595 15% 398,063 10% 230,532 2,050,347 4,184,000 615,133 15% 410,000 10% 205,133 2,255,480 . 4,310,000 620,860 14% 448,850 10% 172,010 2,427,490 4,439,000 619,813 14% 462,825 10% 156,988 2,584,478 4,572,000 617,233 14% 470,675 10% 146,558 2,731,036 4,709,000 243,095 5% 472,625 10% (229,530) 2,501,506 4,850,000 246,985 5% 468,900 10% (221,915) 2,279,591 4,996,000 0% 469,725 9% (469,725) 1,809,866 5,146,000 0% 469,875 9% (469,875) 1,339,991 5,300,000 0% 469,350 9% (469,350) 870,641 5,459,000 0% 473,150 9% (473,150) 397,491 5,623,000 0% 471,050 8% (471,050) (73,559) 5,792,000 0% 473,275 8% (473,275) (546,834) 5,966,000 0% 469,600 8% (469,600) (1,016,434) 6,145,000 0% 470,250 8% (470,250) (1,486,684) It Revenue, Expenditures, Debt Service and Available Balance 2009-2028 7,000,000 F,~ 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1 ,000,000 ~ 1 3 5 7 9 11 13 15 17 19 -+- Revenue Debt service -- Expenditures ' ~ Amount availab!~ City of Bremerton . Gold Mountain Golf Complex Projected Cash Flow - with Restructured Financing July 2009 Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 \2026 2027 2028 Projected Gross Revenue 3,503,450 3,609,000 3,717,000 3,829,000 3,944,000 4,062,000 4,184,000 4,310,000 4,439,000 4,572,000 4,709,000 4,850,000 4,996,000 5,146,000 5,300,000 5,459,000 5,623,000 5,792,000 5,966,000 6,145,000 Projected Operating Expenses 2,987,000 3,077,000 3,169,000 3,264,000 3,362,000 3,463,000 3,567,000 3,674,000 3,784,000 3,898,000 4,015,000 4,135,000 4,259,000 4,387,000 4,519,000 4,655,000 4,795,000 4,939,000 5,087,000 5,240,000 Proposed Debt Service 193,468 266,100 262,950 285,732 281,925 398,063 410,000 448,850 462,825 470,675 472,625 468,900 469,725 469,875 469,350 473,150 471,050 473,275 469,600 470,250 Projected Amount Available for Capital or Fund Balance 322,982 265,900 285,050 279,268 300,075 200,937 207,000 187,150 192,175 203,325 221,375 246,100 267,275 289,125 311,650 330,850 356,950 379,725 409,400 c 434,750 c Revenue, Expenditures, Debt Service and Amount Available 2009-2028, Without. Refinancing 8,000,000 6,000,000 4,000,000 2,000,000 (2,000,000) v ~ Revenue Debt Service -- Expenditures I -><- Amount availabl~J City of Bremerton Gold Mountain Golf Complex Projected Cash Flow - without Restructured Financing July 2009 . Year 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 Projected Gross Revenue 3,503,450 3,609,000 3,717,000 3,829,000 3,944,000 4,062,000 4,184,000 4,310,000 4,439,000 4,572,000 4,709,000 4,850,000 4,996,000 5,146,000 5,300,000 5,459,000 5,623,000 5,792,000 5,966,000 6,145,000 Projected Operating Expenses 3,104,000 3,197,000 3,293,000 3,392,000 3,494,000 3,599,000 3,707,000 3,818,000 3,933,000 4,051,000 4,173,000 4,298,000 4,427,000 4,560,000 4,697,000 4,838,000 4,983,000 5,132,000 5,286,000 5,445,000 Existing Debt Service 620,146 618,233 625,213 620,898 625,500 628,595 615,133 620,860 619,813 617,233 243,095 246,985 Projected Amount Available for Capital or Fund Balance (220,696) (206,233) (201,213) (183,898) (175,500) (165,595) (138,133) (128,860) (113,813) (96,233) 292,905 305,015 569,000 586,000 603,000 621,000 640,000 660,000 680,000 700,000 l