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03/17/2010 AGENDA
FILE CITY COUNCIL 345 6 1h Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 * **AMENDED * ** MARCH 17, 2010 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. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — March 3, 2010 C. Minutes of Study Session — March 10, 2010 D. Reappointment of Bill Mosiman to the Planning Commission E. Appointment of Rick Tift to the Planning Commission F. Appointment of Greg Jose to the Planning Commission G. Appointment of Peter Aylsworth to the Design Review Board H. Acceptance of Easement for W580 Zone Reservoir from the City of Port Orchard I. Professional Services Agreement with Measurement Research Corporation (MRC) for a Multi -Year Pavement Maintenance and Rehabilitation Plan J. Purchase of three (3) 2010 Ford Crown Victoria Police Interceptors 6. GENERAL BUSINESS — There are no General Business items tonight... 7. EXECUTIVE SESSION —10- Minutes to consider a "Real Estate Acquisition" per RCW 42.30.110 (1)(b) A. Approval of Real Estate Purchase and Sale Agreement between the City of Bremerton, Sixth and Park Avenue Partnership, and Kitsap Bank for Property located at 550 Park Avenue in Bremerton, WA 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® 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. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD Caafo REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMITTED: 3/17/10 5A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: March 17, 2010 Claims & Check Register Department: Financial Services Presenter: Cathy Johnson Phone: 473 -5296 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: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 336583 through 336861 and EFT's 9645 through 9685 in the amount of $2,299,640.23. 2) Regular Payroll for the pay period ending February 28, 2010 in the amount of $829.04. COUNCIL ACTION: XApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action t I I. S1 ]IN11 F VIA): AGENDA 1 111.1. ('fI'1' OF 1381 ,N R)N (TI A' COUNC11- SUBJECT: ('itv Council `kiceting Minutes C6nttttittee �lectin�g Date: N A lilt' nteetittg u1' c'( A N('II N11.1. I INt I );uc: - - -- D �Vlahc_ 11 2 o I K ea, Department: Citv_Cou Presenter: Nick Wofford, ( 'ouncil President Phone: (3011) 473 -5280 SUMMARY: Attached is the summary of the City cotutcil Meeting held Marjl 3,2-010 ATTACHMENTS: Meeting Minutes for (AQ,l^CkL 3� X0 10 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A ('0( NCII, PRESIDENT: CONSENT AGENDA i GENERAL BUSINESS ❑ i j PUBLIC HEARING ❑ ItF.('OMMENDED MOTION: \ log e to appro% meeting minutes as presented. COI' NCI I. ACTION: ❑ :lpprove ❑ Dcny ❑ Kahle lJ ('untmuc ❑ No , ,\chon DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 3, 2010 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 3, 2010, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 Street, Bremerton, Washington, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell and Jim McDonald. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. A COUNCIL BRIEFING was then held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Reverend Elizabeth Stevens of Kitsap Unitarian Universalist Church. MAYOR'S REPORT Mayor Patty Lent... • Read from an article titled "The Top 10 Housing Markets for the Next 10- Years" in a recent issue of "US News & World Report" that included the areas of Bremerton and Silverdale where according to Moody's Economy.com the home prices are expected to increase by an average of 5.2% annually; • Was pleased to be a guest speaker last Tuesday at the 2nd Annual "Hope Builders Breakfast" sponsored by the Kitsap Habitat for Humanity; • Participated with the Department Heads in a 2-day Retreat facilitated by Jim Pearman, Council Member and Mayor with the City of Mercer Island; • On Friday attended the Prosperity Partnership Luncheon at the Washington State Convention Center in Seattle which featured a keynote address from Alan Mulally, President and CEO of Ford Motor Company, as well as an address from U.S. Congressman Jay Inslee; • Yesterday hosted the "Kids at Hope" (instead of "kids at risk ") program with several school superintendents, and representatives from the Health District and Boys & Girls Club; and hopes to work with the Council to develop some ways to support (other than monetary) the program; • Last evening attended the Kitsap Chapter of Washington C.A.S.H. (Community Alliance for Self Help) Program's graduation ceremony; and • Attended the 11 Annual "Salad Bowl Sunday" event as one of the community speakers PUBLIC RECOGNITION & ANNOUNCEMENTS The following citizens provided comments in support of legalizing the ownership of chickens in the City of Bremerton: Brian Watson with daughter Katherine Jean Schanen Kevin Koski Meredith Tummeti Yina Fowler Karen Danis Glenn Huff and Tamara Smith CONSENT AGENDA A. Check Numbers 336378 through 336582; and EFT -9605 through EFT -9644 in the amount of $1,044,716.95; Regular Payroll for the pay period ending February 15, 2010 in the amount of $761,816.73; Regular Payroll for the pay period ending February 28, 2010 in the amount of $701,262.75; and Retiree Payroll for the pay period ending February 28, 2010 in the amount of $83,349.16. B. Minutes of Meeting — February 17, 2010 C. Minutes of Study Session — February 24, 2010 D. Professional Services Contract with Law Firm of ROVANG /FONG AND ASSOCIATES for Public Defense Services for Indigent Persons E. Resolution No. 3111, to establish April 7, 2010 as a Hearing Date to vacate an alley between 1 st and 2 " Streets, east of Pacific Avenue There were no questions or comments from the public... City Council Reg. Mtg. Minutes Wednesday, March 3, 2010 Page 2 of 5 06:02:15 M /S /C /U (Arends /Brockus) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A — BLOCK GRANT PROGRAMS CONSOLIDATED PLANNING PROCESS Marie Vila Community Development Block Grant Program Administrator, provided a PowerPoint@ presentation on the "2011- 2015 Consolidated Plan" that was prepared jointly with Kitsap County and City of Bremerton Block Grant Programs, and noted this plan is prepared every five years. The plan sets priorities for allocation of the funding the City and County receive annually from HUD; and therefore encouraged the Council and the public to participate in the process. (Information Only, No Council Action was required...) 6B — ORDINANCE NO. 5103, TO AMEND TITLE 1S OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO UTILITY GRINDER PUMPS AND ADMINISTRATIVE APPEALS Michael Mecham City Engineer, summarized that the Department of Public Works & Utilities has developed standards for the installation of individual grinder pumps for wastewater service. According to WAC 173.240.104, all individual grinder pumps must be owned and managed by the wastewater utility. This ordinance amends Title 15 of the Bremerton Municipal Code (BMC) relating to the use of grinder pumps including setting an initial monthly fee of $10 for the additional operation and maintenance and future replacement of the pumps. Further, this ordinance amends provisions relating to administrative appeals. City Attorney Roger Lubovich identified a scrivener's error where the listing of a $10 rate for the grinder pump was incorrectly indented under the wrong sub - category of another topic, but stated for the record that the final version of the ordinance has been corrected. There were no questions or comments from the public... 06:19:20 Main Motion was made and seconded followed by discussion by Council Members... 06:22:35 A- M /S /C /U (Runyon /Brockus) Move to amend ordinance No. 5103 to create four (4) different individual grinder pump rates: Appendix A, ASSESSMENTS, RATES, FEES, AND CHARGES (page 7 of Rate Table) Inside Outside City Limits Ci Limits Individual Residential Grinder Pumps $10.00 $12.50 Low - income Disabled or Low Income Senior Individual Residential Grinder Pumps $ 7.50 $10.00 After additional discussion was held, the vote was taken on the Main Motion... 06:43:07 M/S /C /U (McConnell /McDonald) Move to approve Ordinance No. 5103 amending Title 15 of the Bremerton Municipal Code (BMC) relating to utility grinder pumps and administrative appeals. 7A — CLOSED RECORD PUBLIC HEARING REGARDING ORDINANCE NO. 5104 TO APPROVE A REZONE OF 6.5 ACRES (TEN PARCELS) LOCATED NORTH OF KITSAP WAY IN THE VICINITY OF RED APPLE MARKET Lindsey Sehmel Planner, stated that to be consistent with the 2009 Comprehensive Plan Amendments, the action before the City Council is to grant approval of a rezone of a total of 6.5 acres of land located north of Kitsap Way in the vicinity of Red Apple Market, from Neighborhood Business (NB) to Limited Commercial (LC). Since this is a closed record hearing, no public comments were taken. City Attorney Roger Lubovich stated that per RCW 36.70C.130 LUPA Standards for Granting Relief, the Council shall approve and adopt the hearing examiner's recommendation unless it finds that one of the following conditions exists on the record: City Council Reg. Mtg. Minutes Wednesday, March 3, 2010 Page 3 of 5 1. The hearing examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless, 2. Recommendation is outside the authority of the hearing examiner, 3. Recommendation is based on erroneous interpretation of law, 4. Recommendation is not supported by substantial evidence, or 5. Recommendation is based on clearly erroneous application of law to facts. The Council shall take any of the following actions: 1) Approve and adopt the hearing examiner's findings and recommendation. 2) Modify and approve the findings and recommendation based upon Council findings. 3) Reject and deny the hearing examiner's findings and recommendation on the proposal as originally submitted based upon Council findings. 4) Continue the closed record hearing and remand to the hearing examiner for clarification on issues of record a. No public testimony on remand. b. Requires consent of applicant if remand causes decision to be made beyond the 120 day review period. President Wofford inquired that all Council Members should now give consideration as to whether they have 1) a demonstrated bias or prejudice for or against any party to the proceedings; 2) a direct or indirect monetary interest in the outcome of the proceedings; 3) a prejudgment of the issue prior to hearing the facts of record; or 4) ex parte contact with any individual, excluding administrative staff, with regard to the issue prior to the hearing. He then asked if any Council Member wished to excuse themselves from voting on this matter. All Council Members remained seated. President Wofford then asked if any member of the public believes any Council Member should excuse themselves due to a conflict with the Appearance of Fairness doctrine, or for another concern. There were not comments; therefore all Council Members continued to remain seated. There was no discussion by the Council... 06:49:30 M /S /C /U (McDonald /Runyon) Move to pass Ordinance No. 5014 approving a rezone of a total of 6.5 acres located north of Kitsap Way in the vicinity of the Red Apple Market. 7B — PUBLIC HEARING REGARDING ORDINANCE NO. 5105 TO AMEND FIGURE 3.78(A) OF THE BREMERTON MUNICIPAL CODE (BMC) TO INCLUDE THE ENTIRE DOWNTOWN REGIONAL CENTER SUB -AREA BOUNDARY INTO THE MULTI - FAMILY TAX EXEMPTION RESIDENTIAL TARGET AREA Lindsey Sehmel Planner, pointed out that in 2007 the City Council adopted the Multi - Family Tax Exemption for the Downtown Regional Center, and this adoption excluded the waterfront properties for the tax exemption area. Due to a shift in economic conditions and the lack of current development, staff recommends the Multi - Family Tax Exemption Residential Target Area should be expanded to include all of the Downtown Regional Center, providing all parcels within the Downtown Regional Center an equal opportunity to utilize this incentive. With no questions or comments, the hearing was closed to the public... 06:53:15 The Main Motion was made and seconded... 07:10:50 An Amendment to include a 3 -year sunset clause was made and seconded... Council Members then discussed at length whether or not there should be a sunset clause, and if so, for how long... 07:24:35 Prior to the vote on the Amendment, a Friendly Amendment was suggested by Maupin for a 6- year sunset clause instead of 3 -years to allow more time for the developer. The Friendly Amendment was accepted... City Council Reg. Mtg. Minutes Wednesday, March 3, 2010 Page 4 of 5 07:35:55 A -M /S /F (Brockus /McConnell) Move to amend Ordinance No. 5105 to add a 6 -year sunset clause (to May, 31, 2016) for only the section included on Figure 3.78(a), Exhibit B. Voted in favor of Amendment: McConnell, Brockus Voted opposed to Amendment: Wheeler, Robinson, Arends, Maupin, McDonald, Runyon, Wofford Motion for the Amendment failed: 2 -Yes; and 7 -No 07:37:15 M/S /C (Runyon/McDonald) Move to approve Ordinance No. 5105 amending Figure 3.78(a) of the Bremerton Municipal Code (BMC) to include the entire Downtown Regional Center Sub -Area Boundary into the Multi - Family Tax Exemption Residential Target Area. Voted in favor of Motion: Arends, Maupin, McDonald, Runyon, Wheeler, Wofford Voted opposed to Motion: Robinson, McConnell, Brockus Motion carried: 6 -Yes; and 3 -No COUNCIL MEMBER REPORTS Jim McDonald announced that he would be hosting a District 1 Community Meeting on Thursday, March 4 from 5:30 to 7:00 PM in the Conference Room of the Sheridan Park Community Center located at the comer of Clare Avenue & Lebo Blvd. to discuss the Lions Park Redevelopment and its closure during reconstruction Adam Brockus reminded his constituents that he will not have a District 3 Community Meeting in the month of March; and commented that he would miss Phil Williams as the City's Public Works Director. Roy Runyon mentioned that the Annual Saint Patrick's Day Parade will be on Saturday, May 13 at 11:00 AM with the route beginning at the comer of 5 Street & Park Avenue and ending at the Kitsap Conference Center; and invited anyone interested in applying for a job with the 2010 Census to call (866) 861 -2010 or visit www.2010censusiobs.gov Gress Wheeler stated that he has attended several neighborhood and district meetings, as well as the KRCC Executive Board Meeting this past week; and invited the public to learn more about the 2010 Census and how it will benefit the community at his first District 5 Neighborhood Meeting to be held on Tuesday, March 16 from 6:30 to 8:30 PM also in the Conference Room of the Sheridan Park Center. Dianne Robinson briefed the Council on the issues discussed at several of the meetings she has attended in the past two weeks including the Kitsap Transit Board, the Kitsap Transit Personnel Sub - Committee; and the KECC Executive Board Meeting; she also attended the Captains Block Watch Program where she received a copy of the new Neighborhood Watch brochure. Lastly, she announced the Emmanuel Apostolic Church was pleased to present Christian speaker Bishop T.D. Jakes at an event free to the public on Friday, March 12 at 7:00 PM at the Champions Centre located in Tacoma. Carol Arends thanked Phil Williams for his service to the City for the last 6 years; and reported on her attendance at the CenCom Executive Committee Meeting where they discussed the CenCom budget. Will Maupin reported on his attendance at a meeting with the Marine Transportation Association of Kitsap (MTAK) where he heard a detailed presentation on a new passenger -only ferry that will be launched in less than three weeks on March 22 discussed a great opportunity he had along with Phil Williams to go along with members of the Suquamish Tribe on one of their recent trips to transfer fish, which they both found very interesting and fun; and ended his comments by saying that he is really going to miss Phil Williams. Nick Wofford was interviewed by Charleen Burnette of "Inside Bremerton" for a segment on the Council's Committees that will air on BKAT over the next few weeks; and encouraged everyone to fill out their Census form to be counted! City Council Reg. Mtg. Minutes Wednesday, March 3, 2010 Page 5of5 With no further business, President Wofford adjourned the Council Meeting at 7:53 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:ls:cg I. til 11NII 111 - 1): AGENDA BILL ('I'I')' OI I3R[:�9[:R'I'ON ('I ), ('01 "N('ll. tit•B.IF C I': City Council Meeting Minutes Conlunittec Meeting Date: v :\ tier mectin" of ((WWII, \II.I. HN i Date: - - -- rv�_aH.� �Y1QhC� 10 a o (p Department: City ('o uncil Presenter: Vick Wofford, Council President Phone: 000) 473 -5230 Sl,.NI,NIARV: Attached is the summary of the City Council Meeting held Mapck jo) ;L0 1 0 ATTACHMENTS: Meeting Minutes for Mar CA 1 , L O ( 0 FISCAL IMPACTS ( Include Budgeted Amount): N/A .APPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR N/A C'OUNC'IL PRESIDENT: I CONSENT AGENDA j GENERAL BUSINESS ❑ PU BLIC' HEARING ❑ IZH:CO INIENDED .NwTION: lox c to approve meeting minutes as presented. ('01'N('IL :1(°HON: ❑ ; \pprovc ❑ I)rny ❑ 1'a1)1e L] ('untinuc ❑ No Acton DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES March 10, 2010 A Study Session 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 a Street, Bremerton, Washington, Wednesday, March 10; 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald. Legislative Assistant Lori Smith was present to provide staff support. President Wofford 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. 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 Bill Mosiman to the Planning Commission — Mayor Patty Lent Consent Agenda 2. Appointment of Rick Tift to the Planning Commission — Mayor Patty Lent Consent Agenda 3. Appointment of Greg Jose to the Planning Commission — Mayor Patty Lent Consent Agenda 4. Appointment of Peter Aylsworth to the Design Review Board — Mayor Patty Lent Consent Agenda 5. Professional Services Agreement with MEASUREMENT RESEARCH CORPORATION (MRC) for Multi -Year Pavement Maintenance and Rehabilitation Plan — Michael Mecham, Interim Public Works & Utilities Director /City Engineer; and Dianne Robinson, Public Works Committee Chair Consent Agenda B. BRIEF /FULL DISCUSSION PLANNED 6. Purchase of three (3) 2010 Ford Crown Victoria Police Interceptors —Jim Orton, Fleet Manager, Equipment Services, Public Works & Utilities Department; and Dianne Robinson, Public Works Committee Chair Consent Agenda 7. Proposed Options to fill the vacant Public Works & Utilities Director position — Mayor Patty Lent (Information Only) C. GENERAL COUNCIL BUSINESS 1. Briefings provided by Council Committees Chairs and Council Members are summarized as follows: • Dianne Robinson asked to bring forward a Resolution for the City of Bremerton to support the "Kids at Hope" program; • Adam Brockus stated that he had received a draft copy of the Letter of Intent from LoRAx PARTNERS, which will be discussed at the next Finance Committee meeting; City Council Study Session Minutes Wednesday, March 10, 2010 Page 2 of 2 • Jim McDonald mentioned that the redevelopment of Lions Park would mean closure of the Park for about one year with work to begin before the end of the month; • Roy Runyon provided a summary of the issues discussed at the last Public Safety, Parks, & Planning Committee, including the downtown flower program and ideas to control fireworks; and that a citizens group was organizing an initiative to legalize the ownership of chickens within the City limits of Bremerton; • Greg Wheeler mentioned his District 5 meeting would focus on the 2010 Census Count; • Carol Arends expressed her concerns about the use of the City Attorney and his time spent on a proposed ordinance that has not yet received support from the Council; and • President Wofford asked for two Council Members to contact him if they are interested in serving on the newly created Ad Hoc Parking Committee; and cautioned the Council that they will be:limited to 3- minutes each to express their points on the proposed Charter changes at the Monthly Study Session scheduled on March 31; and limited to 3- minutes for each rebuttal. With no further business, President Wofford adjourned the Study Session at 5:45 PM. Prepared and Submitted by: A9 LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:ls:cg DATE SUBMITTED: March 3, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ........................................................ ............................... SUBJECT: Reappointment to the Planning Committee Meeting Date: Mar, &I, /o Commission o� o COUNCIL MEETING Date: — Art -t, 17 o� v Department: Executive Presenter:. Mayor Lent Phone: 473 -5266 SUMMARY: Bill Mosiman's term on the Planning Commission has expired. It is recommended he be reappointed to another term expiring on December 31, 2013. ATTACHMENTS: Application for reappointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ C� PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm the reappointment of Bill Mosiman to the Planning Commission for a term to expire on December 31 2013. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action a DATE SUBMITTED: March 3, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ........................................................ ............................... SUBJECT: Appointment to the Planning Committee Meeting Date: _JyfAr6A jam, a wo Commission COUNCIL MEETING Date: M,* f. / - ) T 1 c o Department: Executive Presenter: Mayor Lent Phone: 473 -5266 SUMMARY: There is a vacancy on the Planning Commission due to the resignation of Jessica Kennedy. It is recommended Rick Tift be appointed to that vacancy. ATTACHMENTS: Application for appointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm the appointment of Rick Tift to the Planning Commission for a term to expire on December 31, 2012. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: March 3, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ........................................................ ............................... SUBJECT: Appointment to the Planning Committee Meeting Date: �'Iar�ti /O, 2 ate_ Commission COUNCIL MEETING Date: Mar /�� o�D Department: Executive Presenter: Mayor Lent Phone: 473 -5266 SUMMARY: There is a vacancy on the Planning Commission due to the resignation of Greg Wheeler. It is recommended Greg Jose be appointed to that vacancy, ATTACHMENTS: Application for appointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm the appointment of Greg Jose to the Planning Commission for a term to expire on December 31, 2012. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: March 3, 2010 AGENDA BILL sr, CITY OF BREMERTON CITY COUNCIL �rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr■ SUBJECT: Appointment to the Design Committee Meeting Date: ( Q ( O Review Board COUNCIL MEETING Date: it Department: Executive Presenter: Mayor Lent Phone: 473 -5266 SUMMARY: There is a vacancy on the Design Review Board due to the resignation of Kirk Leaf. It is recommended Peter Aylsworth, an architect, be appointed to that vacancy for a term to expire on February 7, 2013. ATTACHMENTS: Application for appointment available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: �® COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm the appointment of Peter Aylsworth to the Design Review Board for a term to expire on February 7, 2013. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED: March 3, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Acceptance of Easement for Committee Meeting Date: March 10, 2010 W580 Zone Reservoir from the City of Port COUNCIL MEETING Date: March 17, 2010 Orchard. Department: PW &U Engineering Presenter: Michael Mecham Phone: 473 -5288 SUMMARY: Several years ago, the City of Bremerton and the City of Port Orchard entered into an agreement for joint water use in the Anderson Hill and McCormick Woods area. The intent of the agreement was as development occurs in that area both water systems would become independent, but until that time it was felt that it was prudent to have a joint use agreement. As part of that agreement, the City of Port Orchard was to give the City of Bremerton an easement to construct a 580 pressure zone reservoir. This agenda bill is to accept the conveyance of an easement to build a W580 reservoir. Although the construction of the new W580 reservoir will not happen for a few years, it sets the stage for the reservoir to be built. ATTACHMENTS: 1. Council Summary; and 2. Water Reservoir Easement FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ly FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Easement for W580 Zone Reservoir and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action COUNCIL SUMMARY EASEMENT FOR 580 RESERVOIRS Several years ago, the City of Bremerton and the City of Port Orchard entered into an agreement for joint water use in the Anderson Hill and McCormick Woods area. The intent of the agreement was as development occurs in that area both water systems would become independent, but until that time it was felt that it was prudent to have a joint use agreement. As part of that agreement, the City of Port Orchard was to give the City of Bremerton an easement to construct a 580 pressure zone reservoir. This agenda bill is to accept the conveyance of an easement to build a W580 reservoir. Although the construction of the new W580 reservoir will not happen for a few years, it sets the stage for the reservoir to be built. March 2010 Council Summary Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Water Reservoir Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. City of Port Orchard E] Additional names on page of document. Grantee(s): 1. The City of Bremerton ❑ Additional names on page of document. Legal Description: Portion of the NE 1 /4, NE 1 /4 of Sec. 7 and NW '/4 , NW '/4 of Sec 8, all of T. 23N., R.IE., (abbreviated) W.M., situate in Kitsap County, WA. Additional legal is on page 4 of document. Assessor's Property Tax Parcel /Account Number: 072301 -1- 006 -2003 and 082301 -2- 001 -2005 Project Name: Future W -580 Zone Reservoirs WATER RESERVOIR EASEMENT (Corporate) THIS INSTRUMENT made this day of , 200 , by and between CITY OF PORT ORCHARD (hereinafter "Grantor ") and the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantee"). WITNESSETH 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, its successors and/or assigns, a utility easement for water reservoirs, sewer, water, stormwater and/or other municipal utilities, with necessary appurtenances, over, through, across and upon the following described property situated in Kitsap County, Washington, more particularly described as follows: WATER RESERVOIR EASEMENT (Corporate) - Page 1 of 4 SEE EXHIBIT "A" 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; 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 access the surface of this easement, including the immediately adjacent incidental areas, so long as that access 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 cement, concrete, structure, trees, large shrubs or any other objects on the property described in this easement or the immediately adjacent incidental 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. GRANTOR: By: Its: DATE: (Notary Acknotivledgment Appears on Next Page) WATER RESERVOIR EASEMENT (Corporate) - Page 2 of STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , 200_, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the of the City of Port Orchard, a municipality that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the municipality, for the uses and purposes mentioned in this instrument, and on oath stated that he /she /they was/were authorized to execute said instrument. -Notary Sea! Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney R: \LEGAL \Forms \Easements \Utility Easement Form (Corporate).doc WATER RESERVOIR EASEMENT (Corporate) - Page 3 of 4 EXHIBIT "A" That portion of the northeast quarter of the northeast quarter of Section 7 and the northwest quarter of the northwest quarter of Section 8, all of Township 23 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington more particularly described as: Beginning at the northeast corner of said Section 7, also being the northwest corner of said Section 8; thence southerly along the section line S 1 55'45 "W 476.35 feet to the True Point of Beginning; thence leaving said section line S 45 10'12" W 18.79 feet; thence parallel with the north line of the south half of the north half of the said northeast quarter of the northeast quarter, N 87 37'09" W 137.13 feet; thence N 155'45" E 160.01 feet to the said north line of the south half of the north half; thence N 87 37'09" W 250.01 feet along said north line; thence leaving said north line, S 155'45" W 190.01 feet; thence S 87 37'09" E 400.01 feet to the said section line; thence N 45 10'12" E 138.32 feet; thence S 47 08'23" E 140.10 feet to the northerly right of way margin of Old Clifton Road; thence along said northerly right of way, N 42 51'37" E 35.00 feet; thence leaving said northerly right of way, N 47 08'23" W 168.71 feet; thence S 45 10'12" W 140.24 feet to the True Point of Beginning. WATER RESERVOIR EASEMENT (Corporate) - Page 4 of 4 EXHIBIT ) 'A )) 5 NW CDR NW 1/4, NW 1;4 SEC B-23-1 GOOD 072=-1-032--2= CITY OF PORT ORCHARD 06=-2-001 -2005 N88*IW47*W 248.91' P 14 ; P V) z S87-Jroa-E ci /* 137.1 S CITY OF PORT ORCHARD 400.M0' 9 E ' F ?rye, 072=-1-006-2003 c? q/ GEM 1 LLC 0V=-2-002-2004 NELSON 072301-1-004-2005 CITY OF BREMERTON / RESERVOIR EASEMENT DATE SUBMITTED: March 3, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Committee Meeting Date: March 10, 2010 Agreement with Measurement Research COUNCIL MEETING Date: March 17, 2010 Corporation (MRC) for a Multi -Year Department: PW &U Engineerin Pavement Maintenance and Rehabilitation Presenter: Michael Mecham Plan Phone: 473 -5288 SUMMARY: The State requires that every three years cities must submit to Washington State Department of Transportation a street rating and maintenance plan. The agenda bill is to contract with MRC for this plan. ATTACHMENTS: 1. Council Summary; and 2. Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The funding for the Plan is provided for in the 2010 Arterial Streets budget. The cost for this contract is $41,207. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA l� GENERAL BUSINESS ❑ (� PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Measurement Research Corporation and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT Multi -Year Pavement and Rehabilitation Plan The City of Bremerton ( "City ") and Measurement Research Association ( "Consultant "), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed by September 1, 2010 as provided for in Exhibit A provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $41,207. Consultant's charges and bills shall conform to the fee schedule contained in Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. . Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Measurement Research Association Multi -Year Pavement and Rehabilitation Plan Page 1 of 7 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products /completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence /claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims- made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/Measurement Research Association Multi -Year Pavement and Rehabilitation Plan Page 3 of 7 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Consultant Address: City of Bremerton Measurement Research Corporation 3027 Olympus Drive 4126 4th Street NW Bremerton, WA 98310 Gig Harbor, WA 98335 (360) 473 -5270 (253) 851 -3200 Attn: Eduardo Aban I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non - Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. Bremerton/Measurement Research Association Multi -Year Pavement and Rehabilitation Plan Page 5 of 7 MEASUREMENT RESEARCH CORPORATION 4126 4th Street NW - Gig Harbor, WA 98335 (253) 851 -3200, FAX 851 -4334, Mobile 225 -2373 e -mail derald @mrc- corp.com EXHIBIT A 2010 — Scope of work and Cost for City of Bremerton Task Qu Units Unit Cost / Cost Task 1 Pavement Distress Ratings - Arterial & 114 Lane miles $85 $9,690 Collectors 2 Pavement Distress Ratings - Residential 185 Lane miles $75 $13,875 3 Roadside Inventory Data Collection 134 Centerline Mi $25 $3,350 4 GIS map preparation, editing & alignment to 20 Per Hour $95 $1,900 PMS 5 Data entry, editing, verification and importing 10 Per Hour $95 $950 6 Travel to and from Job Site vehicle costs 616 Miles $0.65 $400 7 Travel to & from Job Site (salary costs), Per 44.8 Hours Driving $17 $3,046 Rater 8 Total estimated days of rating with a team of 11.0 Days 4 y 9 65 Low Average Rating Score charge for OCI < 5 LaneMi /Score $1 $1,495 Pt 10 Rehabilitation & Repair Analysis Plan and 1 HardCopy +CD $6,500 Draft Re ort Round Trip Driving Miles to Job Site 56 Rnd Trip Miles - - Estimate based on miles shown & will be adjusted to actual miles rated when completed. Travel & Total $41,207 Per Diem are based on 5 miles per rater per 10 hour day - 4 days a week with 4 Raters / Job. Cost Bremerton/Measurement Research Association Multi -Year Pavement and Rehabilitation Plan Page 7 of 7 DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of 3 2010 Ford Crown Committee Meeting Date: March 10, 2010 Victoria Police Interceptors COUNCIL MEETING Date: March 17, 2010 Department: PW &Util, Equipment Services Presenter: Jim Orton, Fleet Manager Phone: 5359 SUMMARY: The 2010 budget reflects the replacement of 3 Ford Crown Victoria Police Interceptors. Two of these are scheduled replacements the third was totaled in 2008 and will be funded thru Risk Management. The Ford Crown Victoria is on State Contract 04608 the authorized dealer is Columbia Ford of Longview WA. The total cost is 81,173.80 including Washington State sales tax. This purchase is for the cars only, police equipment and installation will be submitted for approval at a later date. ATTACHMENTS: Copy of State Contract 04608 for the Crown Victoria. FISCAL IMPACTS Funding is available through the General Fund vehicle reserves 510 APPROVALS: DEPARTMENT DIRECTOR: 12,1111' e/4— CITY ATTORNEY: FINANCE DIRECTOR: , MAYOR: i COMMITTEE CHAIR yZU,t. n,1J" COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the purchase of three 2010 Ford Crown Victoria police interceptors in the amount of $81,173.80. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Current Contract Information Contract No. 04608 Price Sheet Order Form Page 1 TO ORDER COMPLETE PRICE SHEETSAND SUBMIT WITH STATE FORMA -15A PURCHASE REQUISITION TO OFFICE OF STATE PROCUREMENT BEFORE MARCH 31, 2010. ONLINE ORDERS MAYBE PLACED AT hops:// fortress. tva. eov/ ealiitet/veitrea/veltmeau.lttm TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLYAS POSSIBLE. POLICE VEHICLE - FULL SIZE PURSUIT VEHICLE TYPE 4 DOOR SEDAN MAKEIMODEL FORD CROWN VICTORIA INTERCEPTOR EQUIPMENT INCLUDED IN NET PRICE - 4.61, Flex Fuel OHC SEFI V8 E85 ethanol/gas Engine - Inside Hood Release (250 HP) - Electric Trunk Release, Battery Operated - Electronic Automatic Overdrive Transmission - Intermittent Wipers - External Transmission Oil Cooler, Engine Oil Cooler - Power Heated Mirrors(61K) - P235/55R17 BSW Speed Rated Radial Tires, - AM/FM Stereo Radio with Digital Clock, Rear Window Antenna Goodyear(1) - Cigarette Lighter Plus Power Point - Matching Full Size Spare Tire & Wheel - Certified Police Speedometer, 0-140 MPH - Power Door Locks - Gauges, Water Temp, Fuel - Power Windows w/Passenger Lockout Switch - Power Distribution Connector - Driver and Front Passenger Air Bags, Front & Side Impact - Hubcaps, Bolt on - Power Steering w/Extemal Cooler - Body Side Moldings (Front Doors uninstalled, stored in trunk) - HD Power Brakes, 4 -Wheel Disc, Anti-Lock System (96B) - 750 CCA Battery - HD Rubber Floor Covering 200 AMP Alternator Removable Headliner with Dual Beam Map Light - Police Pursuit Suspension Package, HD Frame - Random Code Single Key Lock System, Four Sets of Keys - HD Front Bucket Seats, Cloth W/ Weapon Cutouts - Radio Interference Bonding Strap Package (53M) - Power Driver's Seat (2 IA) - All Factory Standard Police Package Equipment including - Power Adjustable Pedals Stainless Steel Dual Exhaust System - HD Rear Bench Seat, Cloth (TTH) Rear Power Access Point - Air Conditioning w/high speed cutout 3.27:1 Rear Axle Ratio - Light Tinted Glass, All Around Tire Pressure Monitoring System - Trunk, Glove Box, Dome/ High Intensity Map Lights Stabilizer Bars, Front and Rear - Lightbar Connector Engine Idle Meter - Tilt Steering Wheel 3 year /36,000 Mile Warranty Bumper to Bumper, 5Yr /60,000 - Electric Rear Window Defroster Mile Drivetrain - Headlamps on Warning Buzzer Mercury Free Vehicle, Lead Free Wheel Weights - Maximum Capacity Engine Cooling NHTSA CRASH TEST RATINGS (2008) - Coolant Recovery System FRONTAL (DAP) 5/5 SIDE (FIR) 515 ROLLOVER 5 VEHICLE AS EQUIPPED MEETS CALIFORNIA EMISSION STANDARDS DEALER COLUMBIA FORD (W403) DEALER CONTACT Marie Tellinghiusen or Steve Sari 700 7' Ave PHONE: (360) 423 -4321 Longview, WA 98632 EMAIL ADDRESS: mariet @colford.com FEDERAL TAX ID NO 91- 0650166 DELIVERY 90 - 120 Days ARO PAYMENT TERMS *Discount $200/20 Days (per vehicle), Net 30 Days NET PRICE (Vehicle equipped as above, delivered to any point within the State of Washington, exclusive of Federal Excise and before 8.2% State Sales Tax including .3% Vehicle Tax): COMMODITY CODE VEHICLE DESCRIPTION ORDER PRICE EACH PRICE EXTENSION Ti' 2310- 080 -001 Automobile, Full -size Police, 4 Door Sedan, 2010 Ford Crown Victoria Police Interceptor 3 $21.170.00 * $ 63,510 FFV(P71 /720A) (l) Tire Chain Compatible Current Contract Information Contract No. 04608 Price Sheet Order Form Page 2 NO COST EXTERIOR/INTERIOR COLORS :INDICA.TE QUANTITY OF COLOR(S) SELECTED (Special Paint Available at Extra Cost) Vibrant White/ Charcoal Black(WT / *N) Light Ice Blue CC Metallic/ Charcoal Black (LS /* N) Vibrant White /Light Camel (WT / *J) Light Ice Blue CC Metallic/ Medium Light Stone (LS / *L) Vibrant White/ Medium Light Stone (WT / *L) Ultra Blue CC Metallic/ Charcoal Black (MM/* N) Arizona Beige CC Metallic/ Light Camel (AQ / *J) Ultra Blue CC Metallic/ Medium Light Stone (MM /* L) Arizona Beige CC Metallic/ Charcoal Black (AQ / *N) Light Grey/ Charcoal Black (TM /* N) Medium Brown Metallic/ Light Camel (BU / *J) Light Grey/ Medium Light Stone (TM /* L) Dark Toreador Red CC Metallic/ Light Camel (JU *J) Silver Grey Metallic/ Charcoal Black (TN /* N) Dark Toreador Red CC Metallic/ Charcoal Black Silver Grey Metallic/ Medium Light Stone (TN / * L) (IIJ*N) Dark Toreador Red CC Metallic/ Medium Light Stone (JIJ *L) Silver Birch CC Metallic/ Medium Light Stone (LP / *L) Silver Birch CC Metallic/ Charcoal Black (LP / *N) Black CC/ Charcoal Black (UA/* N) Dark Blue/ Medium Light Stone (LK/ *L) Black CC/ Light Camel (UA/ *J) Dark Blue/ Charcoal Black (LK/ *N) Black CC/ Medium Light Stone (UA/* L) Norsea Blue/ Light Camel (KR/ *J) Medium Titanium CC Metallic/ Charcoal Black (YG /* N) Norsea Blue / Medium Light Stone (KR/ *L) Norsea Blue / Charcoal Black (KR/ *N) Smoke Stone CC/ Charcoal Black (HG /* N) Royal Blue/ Charcoal Black (LM/* N) Smoke Stone CC/ Light Camel (HG /* J) Royal Blue/ Medium Light Stone (LM/* L) Smoke Stone CC/ Medium Light Stone (HG /* L) Light Blue Metallic/ Charcoal Black (LN /* N) Light Blue Metallic/ Medium Light Stone (LN /* L) _3_ Special Paint (See Below) COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION CODE 2310- 080 -010 Credit for pickup from Selling Dealer instead of $(135.00) $ vehicle being driven to customer (Orders for Eastern WA Area Code 509) (EAST)(Deduct) 2310-080-011 Credit for pickup from Selling Dealer instead of $(30.00) vehicle being driven to customer (Orders for Western WA) (WEST) (Deduct) 2310 - 080 -012 Airbag, Passenger Side Deactivation Switch $179.00 DLR)* (See NHTSA Note Below) 2310 -080 -013 Cap, Locking Gas (98G) $8.00 2310 - 080 -014 Carpeting In Lieu of Rubber Floor Covering $109.00 (Includes Floormats, Front and Rear)(128) 2310 -080 -015 Chrome Grille (Included w /2310- 080- 067)(66C) $39.00 * NHTSA- MUST BE NOTIFIED PRIOR TO DEACTIVATING PASSENGER SIDE AIR BAG — FORM AVAILABLE AT HITP :// AOIELECTRICAL .COM /GENERAL/NHTSAFORM.ASP OR CALL DEALER TO FAX FORM. DEALER NEEDS CONFIRMATION PRIOR TO INSTALLATION. *DEALER INSTALLED OPTION Current Contract Information Contract No. 04608 Price Sheet Order Form Page 3 COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION CODE Ty 2310 - 080-016 Cruise Control (Included W/2310- 080-070) (525) $189.00 $ 2310 - 080 -017 Daytime Running Lights(77D) $44.00 2310 -080 -018 Differential, Limited Slip (3.27:1)(45C) 3 $109.00 327 2310- 080 -019 Dome Light, Red/White Led (sound off)(Installed)* 3 $65.00 195 2310- 080 -020 Fire Suppression System, Automatic (Manual $3,041.00 Switch on Headliner (Add 45 Days) 60S 2310- 080 -021 Flasher Wig Wag, Headlamp (Included w/Police $122.00 Prep Pk s) (DLR)* 2310 -080 -022 Heater, Engine Block (41H) $30.00 2310 -080 -023 Inoperative Door Jamb Light Switches on Dome $17.00 Light 478) 3 51 2310 -080 -024 Keys, Set of Two Instead of Four (DLR)* (Deduct) $(4.00) 2310 -080 -025 Lamp Prewire Group (Package Tray /Inner Decklid) _ $39.00 (476) 2310 -080 -026 Manuals (Service, Powertrain Controls/ Emission, $204.00 Electrical Troubleshooting) (Pa er)(DLR)* 2310 -080 -027 Manuals, Service, on CD -ROM (same contents) $221.00 (DLR)* 1 221 2310 -080 -028 Moldings, Front Doors installed (96A ) $26.00 2310 - 080-029 Mud Flaps, HD Plastic (Set of 4) (DLR)* $90.00 2310 -080 -030 Power Police Pigtail (Not Avail w /Police Prep $22.00 Pk s) (179) 2310-080 -031 Power Windows, Driver & Front Passenger $21.00 Controls (948) 3 1 63 2310- 080 -032 Radio Delete (Not Avail w/2310- 080 -046 or 2310- $(84.00) 080 -070) (58Y) (Deduct) 2310- 080 -033 Police Radio Prewire (2 Way Police Radio Prewire $39.00 Connection to .front door speakers)(AM/FM Radio will have audio on rearspeakers onl )(946) 2310 - 080 -034 Rear Inside Door Handles Inoperable - Manual locks $22.00 are operable (Not avail w/ 2310 -080 -035) (67R) 2310 -080 -035 Rear Door Locks and Handles Inoperable (67B) $22.00 2310 -080 -036 Remote Keyless En w/Two Transmitters (14R) $222.00 2310 -080 -037 Roof Reinforcement (185) 3 $69.00 207 2310 -080 -038 Seats, Front, Cloth HD 50150 Split Bench w/ Center $57.00 Arm Rest (Not Available w/ Police Prep Pkgs or Vinyl Rear Seat)(also requires 2310-080 - 070)(TTP) 2310 -080 -039 Seat, Aedec Prostraint Rear Seat (Prisoner Restraint $455.00 System, OEM Rear Seat Cushions and Seat Belts Placed In Trunk) (Installed) (DLR)* "DEALER INSTALLED DIMON Current Contract Information Contract No. 04608 Price Sheet Order Form Page 4 COMMODITY _OPTION DESCRIP77ON ORDE PRICE EACH PRICE EXTENSION CODE Ty 2310- 080 -040 Seat, Laguna 3P Prisoner Transport Seat (OEM $453.00 Rear Seat Cushions and Seat Belts Placed in Trunk) (Installed)(Color Black)(DLR)* 2 1 906 2310- 080 -041 Silicone Hoses with Aircraft Type Clamps (177) 3 $269.00 807 2310 -080 -042 Spare Wheel, Additional No Tire) DLR)* $1 63.00 2310- 080 -043 Spotlight Prep Pkg. Only Left (Wiring. Bracket, $79.00 Body Pre )(51B) 2310 - 080 -044 Spotlight, 6 inch, Halogen, Clear Lens. Pillar $160.00 Mounted Left (Unity 225) (Factory) (51A) 3 480 2310- 080 -045 Spotlight, 6 inch, Halogen, as above, Left & Right $296.00 ( PR) (51Y) 2310 -080 -046 Stereo, AM/FM /CD (Included W/ 2310- 080 -070) $161.00 (58z) 2310 -080 -047 Traction Control (552) $152.00 2310 -080 -048 Trunk Pack Organizer (w/Kevlar Front Liner)(14T) 3 $16 6.00 498 2310- 080 -049 Trunk Release, Electric, inside Switch Instrument $52.00 Panel and left door Mounted, Ignition Controlled Instead of Battery (61H 2310- 080 -050 Undercoating (DLR)* 3 $145.00 435 2310- 080 -051 Universal Keying Fleet (Indicate Code in $44,00 Comments) (432 -439) 3 132 2310 -080 -052 Vinyl Seat instead of Cloth (Rear only) (Not $(57.00) available w/2310- 080 -038 ) (TT (Deduct) 2310 -080 -053 Wheelcovers, full wheel covers instead of hubcaps $39.00 set4)( Included w/2310 -080 -067) (64N) 2310 - 080 -054 Wiring Harness, Roof, (No HOLE) (189) $74.00 2310- 080 -055 Wiring Harness, Roof (Center Hole) (Includes Roof $170.00 Reinforcement 087) 2310- 080 -056 Wiring, Hom/ Siren Circuit (included W/Police $35.00 Prep Pk s) (175) 3 105 2310 -080 -057 Wiring Pkg. For Connection of Grill Lamp, Siren & $0,00 Speakers (172) 3 0.00 2310 -080 -058 Delayed Warranty Start (Customer Requests online $0.00 at www.fordwsd.com) (DLR)* 3 0.00 2310 -080 -059 Push Bumpers, 12 inch HD Aluminum, Setina $208,00 PB200, Set/2, Installed (DLR)* 3 624 2310- 080 -060 Push Bumpers, 16 inch HD Aluminum, Setina $221.00 PB200, Set/2, Installed (DLR)* 2310- 080 -061 Push Bumpers HD, Bolted W /Oval Upper Cross $254.00 Support Installed (PB300) (DLR)* 2310 - 080 -062 Push Bumpers, HD w/ Welded Upper Cross $218.04 Support (PB400) (DLR)* 2310 - 080 -063 Push Bumpers HD, Upgrade, fender Protectors $335.00 When Ordered With One of the Above, Installed (PB5) (DLR)* 1 1005 •DEALt?11 INSTALLED OPTION Current Contract Information Contract No. 04608 Price Sheet Order Form Page 5 COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE EXTENSION CODE 2310 -080 -064 Partition, Horizontal Sliding Center Section $427.00 $ w /Lexan, Installed (Includes Full Lower Extension Panel) (Selina IOS)(DLR)* 2310 -080 -065 Double Vertical Weapon System Partition, $772.00 Horizontal Sliding Center Section w/Lexan, Includes Lower Recess Extension Panel, One Standard Shotgun Lock, One Adjustable Universal Lock Including Key Override and Timer (Includes 2310- 080 -064) (Installed) (Setina/IORP) (DLR)* 2 1544 2310 -080 -066 Manufacturer to Dealer Order Acknowledgement $0.00 Document Faxed to Customer (DLR)* 3 0.00 2310 -080 -067 Street Appearance Group (Includes Full $138.00 Wheelcovers, Full Bodyside Moldings, Chrome Grille and Accents) (Not Avail w /Special Paint, Spotlight(s), or Police Only Exterior Colors BU,LK,LN,MM,TN,YG, LM, TM) (750A) 2310 -080 -068 Police Prep Package- Base (Contact Dealer for $670.00 Contents) (65A) 2310 -080-069 Police Prep Package- Complete (Contact Dealer for $1,805.00 Contents)(Includes 2310 -080 -068) (68P) 2310 -080 -070 Comfort/Convenience Group (Includes 2310 -080- $336.00 016 Cruise Control, and 2310 - 080 -046, AM/FM /CD) (41A) 2310 - 080 -071 Dome/Map Light Delete (54M) 3 $0.00 0.00 2310-080 -072 Window Barrier, HDSteel,Rear Doors (Installed) (DLR)* 3 $151.00 453 2310- 080 -073 Door Panels, High Strength Aluminum, Rear Doors $163.00 (Includes 2310-080 -031 & 2310-080 - 035)(67B/948)(DLR)* 3 489 2310- 080 -074 Skid Plate Package, Steel (Engine, Oil Pan, $220.00 Transmission) (Installed) (DLR)* 3 660 2310 -080 -075 Special Paint, Single color (Includes Black $420.00 Bumpers and Bodyside Molding) (SPO) (5 Vehicle Min) (Indicate VSO Paint code in comments) (Add 45 days) (XX/SP101) 2310- 080 -076 Special Paint Option, Matching SPO Bumper $254.00 (Requires 2310 -080 -075) (30/76) 2310 - 080 -077 Special Paint, two color, Regular production $770.00 colors(includes matching painted bumpers) (indicate colors and paint scheme in comments) (add 45 da s)(952/953/955/956) 3 2310 2310- 080 -078 Ballistic Front Door Panel - Driver only (Add 45 $1,127.00 Da s)(90L) 2310- 080 -079 Ballistic Front Door Panels - Driver & Passenger $2,172.00 (Add 45 Da s)(90B 2310- 080 -080 Visibility Lighting Package Base (Contact Dealer $1,701.00 for Contents)(65P) *DP.ALER INSTALLED OPTION Current Contract Information Contract No. 04608 Price Sheet Order Form Page 6 COMMODITY OPTIONDESCRIPTION ORDER PRICE EACH PRICE EXTENSION CODE Q1Z 2310 - 080 -081 Visibility Package Complete (Includes 2310 -080- $2,689.00 069 & 2310- 080 -080) (Contact Dealer for Contents )(65W) 2310 -080 -082 Fire Extinguisher, 2.5# Dry Chemical ABC Rated $33.00 w/ Mounting Bracket, Delivered w/ Vehicle, Uninstalled (DLR)* 2310- 080 -083 Flare Kit, 3 Piece Triangle w /Storage Box for $33.00 Roadside Emergency Use, Delivered w/Vehicle, Uninstalled (DLR)* 2310 - 080 -084 K -9 Containment Unit (Includes #9K Partition $1,389.00 wNertical Self- Lifting Window w/Expanded Metal (Selina) Installed (DLR)* 2310 -080 -085 Single- Prisoner Transport Partition (requires Aedec $758.00 or Laguna Seat)(Setina)(Installed)(DLR)* 2310-080 -086 Window Barriers, Rear Doors, Polycarbonate Panel, $156.00 Untinted (Sedna)(Installed ) (DLR)* 2310 -080 -087 Moldings, Bodyside, Front & Rear Doors $26.00 Uninstalled (shipped loose in trunk)(96C) 3 78 2310 -080 -088 Stock Vehicle Upcharge (Call dealer or SPO for $250.00 availability) White, Delivery within 7 days when available DLR)* SUBTOTAL 17S +8.2% SST 1 6,151.80 TOTAL 1 81 , 173.90 IMPORTANT NOTICE "Aftermarket police equipment (such as communication gear) must not be mounted in the airbag deployment zone. Vehicles equipped with bench seats may not have sufficient room to mount such equipment. Bucket seats may be required. Call dealer for brochure available for police equipment mounting zones." *DEALER INSTALLED OPTION 7A Move to approve the purchase of the Kitsap Bank building on 6 th & Park for the municipal court and authorize the City Attorney to negotiate and finalize the transaction with substantially the same terms and conditions as presented. REAL ESTATE PURCHASE AND SALE AGREEMENT This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation "Buyer ", and THE SIXTH & PARK AVENUE PARTNERSHIP, a general partnership and KITSAP BANK, individually and collectively "Seller ", for the sale and purchase of real property as follows: 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at 550 Park Avenue, Bremerton, Washington (the "Property "), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. The Buyer will deliver to Land Title Company of Kitsap County as escrow, TWENTY FIVE THOUSAND DOLLARS ($25,000.00) as non - refundable earnest money, upon the Buyers' waiver of all contingencies in Paragraph 4 in writing, on or before thirty (30) days from the date of mutual acceptance of this Agreement, except as otherwise provided herein. Such earnest money will be applied to the payment of the Purchase Price at closing ("Earnest Money "). 3. PURCHASE PRICE. The total purchase price for the Property is ONE MILLION SEVEN HUNDRED TWENTY FIVE THOUSAND AND NO /100 DOLLARS ($1,725,000.00), including Earnest Money, ( "Purchase Price ") payable on closing. 4. CONTINGENCIES. This Agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyers review and approval of the title report on the Property prior to Closing. (c) Financing Contingency. Buyer securing financing as necessary to close the sale contemplated herein. (d) A Feasibility Study as follows: (1) Buyer shall have the opportunity to conduct a feasibility study to determine if, in Buyer's sole and absolute discretion, the Property is feasible for investment and/or development by Buyer. (2) Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase II environmental assessment, utilities availability and capacity, access availability, zoning, preliminary architectural and engineering studies, marketing feasibility. REAL ESTATE PURCHASE AND SALE AGREEMENT 6` & Park Page 1 of 6 (3) A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be conducted which generally will consist of on -site sampling, including the digging or boring of test holes for soil samples. By executing this Agreement, Seller hereby authorizes Buyer a right of entry on to the property for the purpose of conducting this feasibility study including a Phase I, and if necessary, a Phase II environmental assessment. Seller will be notified if a Phase II environmental assessment is to be conducted. (4) Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency on or before the expiration of the feasibility period, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study. (5) For any on -site activity performed by Buyer during the feasibility study, Buyer agrees to return the Property to its original state (i.e., fill all boring holes, etc.). Should any of these contingencies not be satisfied or waived in writing by Buyer within thirty (30) days from the date of mutual acceptance of this Agreement, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder; provided, however, that Buyer shall be obligated to perform its obligations pursuant to Section 4(d)(5) above. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company of Kitsap County, whose address and telephone number is 9657 Levin Road NW, Suite 110, Silverdale, Washington 98383, (360- 692 - 2233), to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. The cost of this policy shall be paid from Seller's funds at Closing. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot REAL ESTATE PURCHASE AND SALE AGREEMENT 6 th & Park Page 2 of 6 be made so insurable prior to the Closing date called for herein, unless Buyer elects to waive such defects or encumbrances, this Agreement shall terminate. 7. CLOSING COSTS AND PRO - RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be pro -rated as of date of closing unless otherwise agreed. 8. CLOSING OF THE SALE. With the understanding that time is of the essence for this Agreement, this sale shall be closed by April 30, 2010 which shall also be the termination date of this Agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Land Title Company of Kitsap County, all instruments and monies required to complete the transaction in accordance with this Agreement. Closing, for the purpose of this Agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this Agreement, at option of the Buyer, shall become null and void. 10. POSSESSION. Buyer shall be entitled to possession on closing. 11. SELLER'S REPRESENTATIONS AND COVENANTS. Each Seller represents to Buyer and the other Seller with respect to its portion of the Property that: (a) Seller will maintain the Property in present or better condition until time of agreed possession, (b) Seller has no knowledge or notice from any governmental agency of any violation of laws relating to the Property except: None (c) the Property will not be encumbered by any leases at the date of closing of this transaction. Except as specified in Sections 11 and 12, the sale of the Property pursuant to this Agreement is made "AS IS ", and neither Seller makes any representations or warranty, express or implied, with respect to the condition, quality or title of the Property of any kind whatsoever, except as otherwise provided herein. Each Seller agrees to indemnify, defend and hold the other Seller harmless from and against any loss, damage, liability, loss or expense caused by or related to a breach of Seller's REAL ESTATE PURCHASE AND SALE AGREEMENT 6 & Park Page 3 of 6 obligations, representations and warranties pursuant to this Agreement with respect to its portion of the Property. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Each Seller represents to Buyer and to the other Seller that to the best of its knowledge that such Seller is not aware of the existence of, and has not caused or allowed to be caused, any environment condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities except: None This Section 12 shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty set forth in Section 11. 13. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the Earnest Money. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyer's default. Buyer and Seller believe said amount to be a fair estimate of actual damages. (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity, including a refund of the Earnest Money. (c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, the prevailing party shall be entitled to recover its attorney's fees and costs from the other party. 14. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects the laws of the State of Washington at the time you enter the agreement. This Agreement has significant legal and financial consequences. By signing this 'Agreement, Seller acknowledges that Seller has or has had the opportunity to consult with an attorney regarding Sellers rights and obligations in this Agreement. 15. BROKERS FEES /COMMISSIONS. Seller and Buyer represent that neither has retained or worked with a Broker. Seller and Buyer agree to indemnify, defend and hold harmless each other with respect to any claim by any person or entity claiming through Seller or Buyer to be REAL ESTATE PURCHASE AND SALE AGREEMENT 6 & Park Page 4 of 6 entitled to a commission with respect to the transaction contemplated by this Agreement. 16. NON - MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 17. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: City of Bremerton Mayor 345 6th Street, Suite 600 Bremerton, Washington 98337 -1873 (b) All notices to be given to Seller shall be addressed as follows: Sixth & Park Partnership Kitsap Bank James E. Carmichael, President 619 Bay St PO Box 9 Port Orchard, WA 98366 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 18. ENTIRE AGREEMENT. This Agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this Agreement. 19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. REAL ESTATE PURCHASE AND SALE AGREEMENT 6 th & Park Page 5 of 6 20. GOVERNING LAW. The laws of the State of Washington govern this Agreement. 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLER: THE CITY OF BREMERTON THE SIXTH & PARK AVENUE PARTNERSHIP By: By: Patty Lent, Mayor Its: Dated: Dated: KITSAP BANK By: Its: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney R:)Legal\Legal\Files \Current Active Files \6th & Park Real Estate Purchase\Purchase and Sale Agreement. Ldoc REAL ESTATE PURCHASE AND SALE AGREEMENT 6 rh & Park Page 6 of 6 EXHIBIT A Tax Account No.: 3718 - 016 - 044 -0001 Lot 44, Block 16, Bremerton, as recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington. Tax Account No.: 3718 - 016 - 045 -0000 Lot 45, Block 16, Bremerton, as recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington. Tax Account No.: 3718 - 016 - 046 -0009 Lot 46, Block 16, Bremerton, as recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington. Tax Account No.: 3718 - 016 - 047 -0008 Lots 47 & 48, Block 16, Bremerton, as recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington. Tax Account No.: 3718 - 016 - 049 -0006 Lots 49 & 50, Block 16, Bremerton, as recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington. ro N n 0 to N c .' 'P , . • �i,i' , , ° o : b ��rt e ,;� ' 7:9 ° ' tJ ''- = 4 e ° y".X • �� 'Y - CD N �VB . 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