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HomeMy WebLinkAbout03/23/05 AGENDA m -'L -- l-T I j,.-. : ~ I ; CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280 MARCH 23, 2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCil CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON fiRST A. Pledge of Allegiance B. Invocation 3. PUBLIC SERVICE ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB05-078) B. Minutes of Meeting - March 16, 2005 (#AB05-079) 5. PUBLIC HEARINGS A. Public Hearing and Resolution No. 2959, approving Purchase and Sale Agreement for SR3 Park Property (#AB05-072) . 6. GENERAL BUSINESS 7. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in CONFERENCE ROOM 603 to hear presentations on the following items. Please note that no action will be taken, and the content of these items are subject to change... 1. Approval of 2005 CDBG "off-cycle" Funding Request for the KITSAP COUNTY COMMUNITY DEVELOPMENT CORPORATION (KCCDC) Small Business Revolving Loan Program - Michelle Eichhorn, CDBG Program Administrator 2. Proposed ordinance amending Chapter 9.37 of the Bremerton Municipal Code relating to Unfair Housing Practices - Roger Lubovich, City Attorney 3. Proposed ordinance amending Chapter 9.88 of the Bremerton Municipal Code to prohibit the selling or giving of Drug Paraphernalia - Roger Lubovich, City Attorney 4. Briefing on Current Water Supply Status, and Recommended Activation of the Water Shortage Plan to "Advisory" Level- Kathleen Cahall, Water Resources Manager 5. General Council Business - Council President Daren Nygren fI 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. ~.~ . DATE SUBMITTED: BILL# OS: 92L AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~eE&~nDSm~mmgSmfimVS8~mm~~~5Dg~m56mG~g~g.mDg.mgmfiBmgMm~Gm8QGfiDBmgmeSeB~8m~mGgG~m@mSB~em~1 SUBJECT: Approval of Claims and Checks Committee Meeting Date: Register COlfl\TCIL .MEET]},JG Date: .3 --.,;< 3-0S- Depmiment: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SU1\1MARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: ..- CONSENT AGENDA IZI OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: & 7 ~--c;. - Ge 757 1) Check #' s; '1\15L 7>1 through c,2 9'f~~ 9' and EFT's (tJ 7 cf~ through &: 7 <;y { &7s-r;-~7(POi &7.f5f (,752?P in the amount of $ ~ 32 Y'3 y s:- s~ , ,/ ~ ' 2) Regular Payroll for the pay penod ending in the amount of $ 3) Retiree Payroll for the pay period ending in the amount of $ COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action DATE SUBMITTED: 3111 /05 BILL # () 5- (> 7 Cf AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT:. Minutes of Meeting - 3;1f,/05 Committee Meeting Date: N/A COUNCIL MEETING Date: ~/3(;> /05 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held Mo...rck. t (,1 2.00 5 . ATTACHMENTS: Minutes for Ma.V'~ l~, ,2.0DS FISCAL IMP ACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA IZI OPERATIONS: COUNCIL PRESIDENT: ~~ RECOlVlMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: 0 Approve o peny o Table o Continue o No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 16,2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, March 16,2005, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Cecil McConnell; followed by the invocation provided by Pastor Roaer Henniaan of Apostolic Life Tabernacle. President NVQren made the following announcements: 1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; which included an Executive Session to discuss "Potential Litigation" per RCW 42.30.110(1 )(i); and 2. Item 7(A) and Item 7(E) under GENERAL BUSINESS would be pulled. MAYOR'S REPORT - Mayor Bozeman... . Read a proclamation to proclaim March 17, 2005 as "Absolutely Incredible Kid Day" in Bremerton, which was accepted by Camp Fire girls; . Presented the first "Mayor's Employee Appreciation Award" to Cynthia EnQelaau of the City's Parks & Recreation Department; and . Provided a briefing on his list of "Mayor Priority Issues - March 2005". PUBLIC SERVICE ANNOUNCEMENTS Jerrv Van Fossom of the Square Dancers Association, announced a Flag Pole Dedication in honor of Hal Walstrom, on Saturday, April 9, 2005, from 11 :00 AM to 1 :00 PM at the Square Dance Hall. CONSENT AGENDA A. Check Numbers 298188 through 298473; EFT-6736 through EFT-6738; EFT- 6740; EFT- 6742 through EFT -67 45; EFT -6739P; and EFT -67 41 P in the amount of $1,121,194.39; Regular Payroll for the period ending March 15,2005 in the amount of $557,255.47; and Retiree Payroll for the period ending March 15, 2005 in the amount of $73,892.36 (#AB05- 064) B. Minutes of Meeting - March 2, 2005 (#AB05-065) C. Minutes of Meeting - March 9,2005 (#AB05-066) D. Appointments of Jim Reed (1-year term), Dena Swisher (2-year term), and Douglas Wakefield (3-year term) to the Citizens' Commission on Council Salaries (#AB05-067) E. Law Enforcement Services Agreement Addendum No.3 with Kitsap Transit (#AB05-068) F. Sole Source Purchase of a new Conveyor for the existing centrifuge at the Waste Water Treatment Plant (#AB05-069) G. Professional Services Agreement with HDR ENGINEERING, INC. for Engineering Design Services for Sewage Pump Station CW-1 2005 Modifications (#AB05-070) 5:50:32 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. City Council Reg. Mtg. Minutes Wednesday, March 16, 2005 Page 2 of 5 6A - ORDINANCE NO. 4935 APPROVING AND CONFIRMING THE FINAL ASSESSMENT ROLL FOR ULlD 2002-01 (#AB05-071): Mike Mecham, City Engineer, stated that the Assessment Roll levying the special assignments against the property located within the UUD 2002-01 has been filed with the City Clerk and March 16, 2005 has been set as the hearing date for the City Council to consider the Roll and any objections thereto. The proposed ordinance approves and confirms the Final Assessment Roll for UUD 2002-01. There were no comments from the public. 5:54:30 M/S/C/U (Arends/McConnell) Move to pass Ordinance No. 4935 approving and confirming the Final Assessment Roll for UUD 2002-01. 68 - RESOLUTION NO. 2959 APPROVING PURCHASE AND SALE AGREEMENT FOR SR3 PARK PROPERTY (#AB05-072): Ken Mickelson, Parks & Recreation Director explained that the City has received an offer to purchase real property known as SR3 Park for appraised value of $568,000. Deed restrictions on the property limit the use of the property for park and recreation purposes, and prohibit the sale except to another government agency. The National Park Service has indicated it will release the deed restrictions on the condition of the City purchasing appropriate replacement property that will be covered by similar deed restrictions. The current property's value for serving parks and recreational needs of the City has diminished. Following submission of a report by the Parks & Recreation Board, City Council must hold two public hearings regarding the potential sale of the property; and a unanimous vote of the full Council is required to approve the sale. In addition to this Public Hearing on March 16, 2005; the second Public Hearing is scheduled next week on March 23, 2005. There were no comments from the public. No action is required by the Council at this time... Action will be taken at the second Public Hearing, which will be held March 23, 2005. 7A PURCHASE AND SALE AGREEMENT BETI^!EEN THE CITY OF BREMERTON AND CHEVRON USA, INC. REGARDING J\CQUISITION OF REAL PROPERTY ADJACENT TO EVERGREEN PARK (1f1\B05073): Item pulled... 7B - PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF 8REMERTON AND JOHN RADOVICH, LLC FOR THE SALE OF BREMERTON CITY HALL (#AB05-074): Gary Sexton, Economic Development Director, stated that staff is recommending that the City sell the old Bremerton City Hall located at 239 4th Street to JOHN C. RADOVICH LLC. The terms include the purchase price of $930,000, with $50,000 paid as earnest money and the balance of $880,000 due October 1,2006 and held in the form of a non-interest bearing promissory note until such date. Closing will be on or before October 1, 2006. If the City does not vacate the building by October 6, 2006, the sale shall close and the City will pay monthly rental sum of $6,200 and any actual utility charges for a maximum of four months. It was added that the building was appraised at $948,000. Rebecca Davidson, representing JOHN C. RADOVICH LLC, thanked the City for allowing them to be a part of the revitalization going on downtown; and assured the Council that they would keep good communication throughout this process because they fully understood the value of this site. There were no comments from the public. ---- City Council Reg. Mtg. Minutes Wednesday, March 16,2005 Page 3 of 5 Mr. McConnell asked if the underground parking garage, little park on the side, and back parking lot were all included. Mr. Sexton indicated yes. Ms. Priest recused herself from the vote after recently learning that this firm has selected the firm she is employed by to provide the feasibility study if the Purchase and Sale Agreement is approved. Mr. Gehrina asked if the time allotted would provide adequate time to relocate the Police and Municipal Court Departments. Mr. Sexton responded yes, and elaborated on provisions added to the agreement with that plan and options in mind. Mr. Maupin was in support of this agreement, but questioned if the City Hall Gazebo Park that sits on the property would pose any problems. Mr. Lubovich pointed out that although the City has referred to this piece of property as a "park", it is not a park under the "Parks Protection Code". 6:10:10 M/S/C/U (Arends/Robinson) Move to approve the Purchase and Sale Agreement between the City of Bremerton and JOHN C. RADOVICH LLC for the sale of Bremerton City Hall for the sum of $930,000 and authorize the Mayor to execute the agreement in substantially the same form as presented. President Nvaren congratulated Mr. Sexton for being a recipient of the Hyas Tyee Award. 7C - ORDINANCE NO. 4936 CREATING CHAPTER 2.32 OF THE BREMERTON MUNICIPAL CODE CBMC) ENTITLED "GOLD MOUNTAIN COMPLEX BOARD OF DIRECTORS" C#AB05- 075): Roaer Lubovich, City Attorney, pointed out that the current provisions of the Bremerton Municipal Code do not provide for a Gold Mountain Complex Board of Directors. The proposed ordinance creates a new chapter in the Bremerton Municipal Code, which formally establishes and provides for membership in the Gold Mountain Complex Board of Directors. There were no comments from the public. 6:14:15 M/S/C/U (McConnell/Robinson) Move to pass Ordinance No. 4936 creating BMC Chapter 2.32, which formally establishes a Gold Mountain Complex Board of Directors. 7D - ORDINANCE NO. 4934 REPEALING AND REPLACING CHAPTERS 2.76 AND 2.79 OF THE BREMERTON MUNICIPAL CODE CBMC) WITH NEW CHAPTER 2.76 ENTITLED PROCUREMENT AND DISPOSAL CODE C#AB05-076): Roaer Lubovich, City Attorney, explained that the current provisions of Chapter 2.76 relating to purchasing procedures often result in inefficient purchasing of goods and services such as delays in purchasing and the inability to take advantage of discounted products and unique purchases. It is recommended that Chapter 2.76 be repealed and replaced with a new chapter providing updated purchasing procedures for more efficient purchasing practices. Also, it recommended that Chapter 2.79 relating to the disposal of property be repealed with new disposal provisions incorporated into the new Chapter 2.76 entitled "Procurement and Disposal Code". There were no comments from the public. 6:25:01 M/S/C/U (Short/Maupin) Move to pass Ordinance No. 4934 repealing and replacing Chapters 2.76 and 2.79 of the Bremerton Municipal Code (BMC) with new Chapter 2.76 entitled PROCUREMENT AND DISPOSAL CODE. -~------ City Council Reg. Mtg. Minutes Wednesday, March 16, 2005 Page 4 of 5 Voted in favor of Motion: Maupin Short, McConnell, Shepherd, Robinson, Arends, Nygren Voted opposed to Motion: Gehring Amended-Motion failed: 7-Yes; 1-No 6:35:35 Amended Motion (Gehring/McConnell) In Section of 2.76.150 of the Ordinance, paragraphs (a) and (b), change the word "estimated value" to "established value". Voted in favor of Motion: Gehring, McConnell, Shepherd Voted opposed to Motion: Arends, Maupin, Short, Priest, Robinson, Nygren Amended-Motion failed: 3-Yes; 6-No 7E APPROVAL OF CDBG PROGRAM J\DMINISTR.^.TOR STARTING SALARY AT PJ\Y BAND 11. RATE 7 OF THE PROFESSIONAL PAY PLAN; .I\ND TRANSITION OVERLAP (#AB05 077): Item puJ/ed... PUBLIC RECOGNITION Don Larson would like the City to support an Underwater Park; and to plant more trees. Mr. NYQren asked Mr. Larson to contact him to facilitate a meeting regarding an Underwater Park. COUNCIL MEMBER REPORTS Brad Gehrinq announted that Kitsap Mall would be hosting an Armed Forces Appreciation Day Saturday, March 26, 2005. Cecil McConnell announced the program has been amended at the next District 1 & 2 Community Meeting scheduled Thursday, March 24 to discuss the "Bremerton School District Bond Levy" at the Sheridan Park Recreation Center from 6:30 to 8:00 PM. Wendy Priest reminded the public that she would be co-hosting a District 4 & 5 Meeting along with Mike Shepherd, also on Thursday, March 24, but from 6:00 to 7:30 PM in Council Conference Room 603 of the Norm Dicks Govemment Center, and the topic would also include the "Bremerton School District Bond Levy", as well as "Neighborhood Parking Concerns". Mike Shepherd invited citizens to attend the Evergreen Neighborhood Association Spaghetti Dinner at Cafe Destino to earn funds for obtaining rhododendrons to plant around Evergreen Park next Sunday, March 27 at 5:00 PM to earn money for lavender plants for a beautification project in the parking strips around Evergreen Park. He discussed his participation, along with Council President Daren Nygren and other volunteers planting trees to establish a "tree way" along Highway 3, and indicated that 450 trees have already been planted. The next tree planting day would be Saturday, March 26 at 10:00 AM. Lastly, he invited citizens to join him in the first "Ivy Pull" event on Saturday, April 2, beginning at 9:00 AM at Forest Ridge Park. Dianne Robinson indicated that a Citizen Community Meeting for District 6 would be held on Monday, March 21 at the Oyster Bay Building to discuss Matan Garden in Anderson Cove and a possible playfield; Council Member Mike Short would provide assistance on establishing a District 6 neighborhood association; and Council Member Mike Shepherd would be bringing greetings from the Evergreen Neighborhood Association. Carol Arends announced that Districts 6,7,8, & 9 will soon announce details for another Community Meeting to discuss the "Bremerton School District Bond Levy" City Council Reg. Mtg. Minutes Wednesday, March 16,2005 Page 5 of 5 Will Maupin displayed pictures of the property owned by Virail and Paulette Ruiz, who were selected as the "City Pride Program Award" winner for the Month of February 2005. He also attended on his attendance at the PSRC Growth Management Policy Board Meeting last week. Mike Short reiterated that information on the upcoming Daren Nvaren reported on the recent Joint Session with the Bremerton School District and the City Council; offered condolences to the Smalley family after the recent death of Jack Smalley; and reported on his attendance at the National Youth Forum held Saturday, March 12, and guaranteed that he would involve the City Council in the next step, which would be the formation of a Youth Commission for the youth to bring their issues to elected officials With no further business, the meeting of the City Council was adjourned at 6:57 PM. Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJ/ls/cge DATE SUBMITTED: March 2,2005 BILL # OS"" 07:J- AGENDA BILL CITY OF BREMERTON CITY COUNCIL ..............................~.....;r1~1.............................................. ctv\J t(e..$o'lJnOlA~ SUBJECT: Public Hearingon Real Estate Committee Meeting Date: March 9,2005 Purchase and Sale Agreement for SR3 COUNCIL MEETING Date: March 16, 2005 'f 3 -;( 3-0S:- Property Department: Parks & Recreation Presenter: Ken Mickelsen Phone: 473-5752 SUMMARY: The City has received an offer to purchase real property known as SR3 Park for the appraised value of$568,000. Deed restrictions on the property limit the use of the property for park and recreation purposes and prohibit the sale except to another government agency. The National Park Service has indicated it will release the deed restrictions on the condition of the City purchasing appropriate replacement property that will be covered by similar deed restrictions. The current property's value for serving park and recreation needs of the City has diminished. Following submission of a report by the Parks and Recreation Board, City Council must hold two public hearings regarding the potential sale ofthe property and a unanimous vote ofthe full Council is required to approve the sale. Public Hearings are scheduled for March 16,2005 and March 23,2005. ATTACHMENTS: P-k'So L<rrION ~ :J..QS9 1. Memorandum from Ken Mickelsen 2. Report from the Parks and Recreation Board 3. Proposed Purchase and Sale Agreement 4. APP"6.iS6,( FISCAL IMP ACTS (Include Budgeted Amount): None. A dedicated account will be created from the proceeds from the sale for the purchase of replacement property. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FIS CAlJBUD GET: .ttl}lf11a-? < _ CONSENT AGENDA 0 OPERATIONS: ~ ~ COUNCIL PRESIDENT: ~ RECOMMENDED MO~ION: ~q rJ ;{\;) ~ (?" 3/1 & Ie 5 + ~ I 11 :IF ~q J D ()["' ,." P\ v .~. l) )a.S'S 60lv 10 I.A.. "--" I move:X:l to approve the sale pursuant to the terms of the purchase and sale agreement; (2) to authorize the Mayor to execute all documents necessary to close the sale; and (3) to set aside the proceeds from the sale to a dedicated account for the sole purpose of purchasing or improving park land pursuant to the National Park Service requirements and National Park Service approval. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action RESOLUTION NO. ~q5q A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring certain park property surplus to the City's needs and approving a sale of the property in accordance with the provisions ofBMC 13.12.030. WHEREAS, the City has received an offer to purchase the park commonly known as SR3 Park and legally described in Exhibit A from Daniel and Jill Sullivan for $568,000, which sum is the fair market value of the property; and WHEREAS, the Parks Board ofthe City ofBremerton has been consulted and voted unanimously to support and recommend the proposed sale to the City Council; and WHEREAS, deed restrictions on the property limit the use of the property for park and recreation purposes and prohibit the sale except to another government agency; and WHEREAS, the National Park Service has indicated it will release the deed restrictions on the condition of the City purchasing appropriate replacement property that will be covered by similar deed restrictions; and WHEREAS, City Council has evaluated the advisory report of the Parks Board and finds that the property's value for serving park and recreation needs has diminished and the property is no longer suitable for use as a park; and WHEREAS, pursuant to BMC 13.12.030, public hearings were held on March 16, 2005 and March 23, 2005, relating to the proposed surplus and sale of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds and concludes that the SR3 Park, legally described in Exhibit A is hereby declared surplus to the City's needs and is no longer suitable for use as a park, play field, open space or recreational activity. SECTION 2. The proceeds from the sale ofthe above-mentioned property will be set aside in a dedicated account for the purchase of appropriate replacement property authorized pursuant to BMC 2.78.040. SECTION 3. The Director of Parks and Recreation and the City Attorney are hereby authorized to finalize a purchase and sale agreement with substantially the same terms and conditions as set forth in the proposed agreement _attached as Exhibit B authorizing the sale of the property to Daniel and Jill Sullivan. 1 Surplus and Sale of Park Property SECTION 4. The Mayor is authorized to execute any and all documents, including but not limited to statutory warranty deeds and real estate excise tax affidavits, necessary to complete the transaction. SECTION 5. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 6. E(fective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _ day of ,2005. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R:\LEGAL\Files\Current Active Files\SR3 - Real Estate Sale\Surplus and Sale Resolution.doc 2 Surplus and Sale of Park Property LEGAL DESCRIPTION Tax Desc~iption Tax Account No. Proce1;:s No. Situs Address ~i19-002-04fj...Ol 05 Itz41 ~100 II BRENTWOOD PARK PTN TJi 48 & EII2 OF S~'1I4 SEe 16-24-1E CNVYD BY AUD NO 1087935: DAF, BEG AT A CONe MON SET AT X OF SL V RIW LN OF KITSAP WY (FORMERL~' PSH NO 21, 100 FI' WIDE) WITH 'YL V RIW LN OF ARSENAL WY (40FT WIDE) AS SD RIW LINES VYERE LOC FEB 29 1960 TH S24....;!4'40W ALG SD WL Y RIW 565.31FT TO CONe MON TH S9*57'20E ALG SD R/W 499.78FT TH LEAV SiD RIW, FR A SEMI-TANG WH B.E.ARS N43*3S'20W, ALG CRY TO R HA VG RAD OF 1747.10FT AN ARC DIST OF 128.50FT TH N81 *55'OOW 410FT TO TPOB TH S81*S:S'OOE 80FT TH N22*14'34E %00.09 FT T~ N31z.35'43W 196-33FT TO' S63*24'17W 16..48FT TO PT OF CRY OF CRY TO R HA VG RAD OF' 418.13FT TH ALG SD CQV THRU CIA OF 32""59'22 AN ARC DIST OF 240.70FT TO WL Y DDRY OF QUALHEIM WAR HOUSING PROJ TIfI SI2*38'36W ALG SO DDRY 182.] n~T TH S32*12'OOE 78.90FT TH S7tl*12'OOE ZOOFT TO TPOB. EXCEPT PORTION CONVEYED PI1;,R RECORDING UNDER AUDITOR FILE NO. 200301230524. close this ,...indow , : , I EXHIBIT A , : , , I MEMORANDUM To: Bremerton City CouncillMayor C:ary Bozeman From: Ken Mickelsen, Director Date: February 9, 2005 Subject: Proposal for Selling Park Property, (SRJ Park Site) It is my understanding that there has been some very preliminary discussion with the Council about the possibility of selling the SRJ Park site. I would like to take the opportunity to address the Council during the February 9,2005 meeting regarding this subject. For informational purposes, I would like to brief the Council on the status of the sale of the property. At the meeting, I will be looking for direction from the Council on whether or not the Parks and Recreation Department should continue to pursue the selling of the property. Attached is a memo that was discussed atthe January 20, 2005 meeting of the Bremerton Parks and Recreation Commission. It outlines the reasons for selling the SRJ Park property along with the proposed procedure Wr the sale. Since the SRJ Park site is listed as a protected property, the Bremerton Municfpal Cq,de states that in order to sell the property there are certain procedures that need to be followed (See attachment Chapter 13 .12 Parks Protection). ; \ 'i One of the requirements is the Parks Board of the City :Of Bremerton shall be consulted and provided all details concerning any proposed sale, lease or significant change in use. The Parks Board shall prepare an advisory report and submit it to City Council and Mayor. The attached memo ofIanuary 20, 200S, including the addendum, is the advisory report that the Parks Board is subinitting to the City Council and Mayor. As the addendum indicates, the Parks Board unanimously voted to recommend the sale of the SR3 Property to the City Council and Mayor. Looking forward to discussing this subject with the Council and answering questions that cOuncilors may have. MRR 18 '05 10:04RM BREMERTON PRRVS&REC P.2./":3 .....- ' I~ i';:E.:. ~ C~~!It~~~'EnVI,.nm.nt ./ March 17. 2004 o f.2~ s/1L- . Ms. JoAnne Wroblewski, Administrative A yst City of Bremerton Dept. of Parks & Recrea on 680 Lebo Blvd. I Bremerton~ Washingt~m 98310 ~ I RE: APPRAISAL OF SR3 ,PARK PRO Dear Ms. Wroblewski: At your request, on behalf of the City of Bremerton, . I have completed an analysis of the above property and have arrived at an estimate of its value. My instructions were to estimate the Market Value of the fee simple interest in rh>~ subject property in it's "as is" condition. The value set forth is based on site inspection and analysis of pertinent data gathered during that inspection and from other data sources. The property W~IS appraised using the recognized approa(;hes to value as they were applicable. I consider this to be a complete appraisal and I am reporting my findings in a limited report fonnat as defined in Section 2-2C of the USP AP (Unifonn Standards for Professional Appraisal Practice). The funotion of the appraisal is to <lJssist the client in evaluating the property for possible sale or trade. Property Overview .L The subject property is one large sitll: with recreational improvements but no structures, located at the intersection of 6th Street and Auto Center Way and North of Slh Street in Bremerton~ Kitsap CO\Ulty, Washington. The entire site: is a 2.27 acres ( 98,881 square feet). The only improvements are two full size tennis courts whic:h are located along the Easterly boundary of the site, driveway, parking area , minimal playground equipment and picnic tables. The topography of the site is more less level with Auto Center Way ill the vicinity of the tenuis courts and then terraces up to the driveway, parking and picnic area. from the driveway the site slopes up more moderately to the Westerly boundmy. All utilities are available to the site. The present zoning is (GB) General Business. Surrounding sites are (GB). -' AppraisallReport Type As the improvements located on the ~;ubject property are old and do not benefit the property in terms ofits highest and best, the use of the Cost Approach in valuing the subject property is not considered to be a beneficial method of evaluating the subject property and was not used. Since this is a conclusion that would normally be reached by others in my profession, the de:cision not to use the Cost Approach is not considered to be a departure as it is defmed in USP AP and is therefore still considered to be a complete appraiisl~. 'The Market Approach is considered the most valid method 1 1'.0. Dol: 1241, Silverdale. Wasbjngtl/JI 51~ (36Q) 6'~81 FII1 (360) 692-5126 emflil RCflnC@slsnuom I r1RP 18 'OS 10:05RM BPEMERTON PRPKS&PEC P.:3/:=: I of arriving at a supportable estimate of value as it reflects the actions of buyers and sellers in the I marketplace. The Income Approach was not used, not because it is not a:pplicable~ but because of t the lack of sites under lease in this immediate area. Imputing income to the subj ect property to enable I an income analysis of the property's value based on it's income producil1Lg capability, is very I subjective and not felt to add any support to the analysis. This appraisal is intended to confmm with Unifonn Standards of Professional Appraisal Practice~ I as adopted by The Appraisal Fo~dation, as well as tlle professional and ethical standards adhered to by m.embers of the National A~ISl)ciation of Independent Fee Appraisers. ofwmch the author is a .member in good standing. By experience and training I feel competent to complete this I assignment. The date ofvaluatioD is the date dflast visit to the property which was January 23. 2004. I ' , The results of the valuation approaches are as follows: I Cost Approa~h- Not Used Market Approach- $ 568,500 Income Approach- Not Used I After careful consideration of the: appropriate data, it is my opinion that the value of the fee simple interest in the subject property is: I FIVE HUNDRED SIXT". EIGHT lHOUSAND FIVE HUNDRED DOLLARS I $ 568,500 I At the above value estimates, it i,s my opinion that the subject property could be successflllly marketed for sale within a twel'~(~: month time period. The valuation is subject to the limiting conditions and assumptions stated within the report. If you should ha.ve any further questions or I require any additional information ,at this time, please do not hesitate to contact me. Thank you for the opportunity to be of service. I, I ~.----------- I , , I I 2 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (SRJ Park) This contract controls the terms of the sale of real property. (Please read carefully before sil!ninl!.) This Agreement is entered between the CITY OFBREMERTON, a Washington municipal corporation, whose mailing address is 345 6th Street, Suite 600, Bremerton, Washington 98337, ("Seller"), and DANIEL AND JILL SULLIVAN, husband and wife, ("Buyer"), 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 as the SR3 Park property in the City of Bremerton (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Five Thousand and No/l 00 Dollars ($5,000.00), as earnest money and part payment on the purchase price ofthe following described real estate. 3. PURCHASE PRICE. The total purchase price for the Property is Five Hundred Sixty Eight Thousand and No/lOO Dollars ($568,000.00), including earnest money, payable on closing. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Acceptance of its terms by the National Park Service pursuant to deed restrictions recorded on the property. (c) Buyers review and approval of the title report on the property prior to Closing. (d) Financing Contingency. Buyer securing financing as necessary to close the sale contemplated herein. (e) Prior to vacating the property and prior to closing, Seller removing all playground equipment, benches, picnic tables and tennis nets and other items as identified in Exhibit C. Upon vacation of the property by Seller and Seller's removal of the personal property, equipment and fixtures as provided herein, all remaining improvements (mainly tennis courts) located on the property shall be the responsibility of the Buyer and Buyer shall be responsible for the costs and expenses of demolition and/or removal of the improvements, as applicable. (1) A Feasibility Study as follows: . (1) Buyer shall have three (3) months from the date of City Council REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 5 ;approval and mutual acceptance of this Agreement to determine, in Buyer's sole and absolute discretion, if the Real Property is feasible for investment and/or development by Buyer. (2) Buyer 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 as it relates to the environmental condition of the property. (3) For anyon-site activity performed by Buyer during the feasibility study, Buyer agrees to return the Real Property to its original state (i.e., fill all boring holes, etc.). Should any ofthese contingencies not be met or waived prior to closing, then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 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, whose address is 9657 Levin Road NW, Suite 100, Silverdale, W A 98383, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Real Property, and insuring the Real Property being discharged by Seller 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 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 the owners policy of title insurance pursuant to Section 6 above and those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, 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 close on or before July 15, 2005 which shall also be the termination date ofthis agreement unless said closing date is extended in writing by mutual agreement ofthe parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Land Title Company, all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 5 ,. 9. CASUAL TY 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. Seller represents: (a) that he/she will maintain the property in present condition until time of agreed possession, and (b) that the property is not encumbered by any leases. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best ofhis/her knowledge that he/she is not aware of existence of, or has caused or allowed to be caused, any environment condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities. 13. CONDITION OF PROPERTY. As partial consideration for the purchase of the Property, Buyer purchases the property and improvements "as is" and agrees to hold the Seller harmless from any environmental condition or defect whether known or unknown. This provision shall survive closing. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. IF BUYER DEFAULTS HEREUNDER, SELLER'S SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE BUYER. BUYER AND SELLER INTEND THAT SAID AMOUNT CONSTITUTES LIQUIDATED DAMAGES: AND SO AS TO A VOID OTHER COSTS AND EXPENSES TO EITHER PARTY IN CONNECTION WITH POTENTIAL LITIGATION ON ACCOUNT OF BUYERS' DEFAULT. BUYER AND SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES. (b) Seller's Default. IF SELLER DEFAULTS HEREUNDER, BUYER SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY. (c) Attorney's Fees and Costs. In the event oflitigation to enforce any ofthe terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 5 ---------- ------------ " Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before slgmng. 16. NON-MERGER. The terms, conditions, and provisions ofthis Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 17. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 (b) All notices to be given to Seller shall be addressed as follows: Daniel and Jill Sullivan PO Box 221 Belfair, W A 98520 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, oron the date ofthe facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. 19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 21. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on March 25, 2005 to accept the purchase and sale agreement as written, by delivering a signed copy thereofto the REAL EST A TE PURCHASE AND SALE AGREEMENT Page 4 of 5 ----..- ------ Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period, this agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLERS: THE CITY OF BREMERTON By: Cary Bozeman, Mayor Daniel Sullivan Dated: Dated: Jill Sullivan Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney R:\LEGAL\Files\Current Active Files\SR3 - Real Estate Sale\SRJ REPSA.doc REAL ESTATE PURCHASE AND SALE AGREEMENT ) Page 5 of 5 LEGAL DESCRIPTION Tax Desc~iption Tax Account No. Proce!;:s No. Situs Address ~'it9-002-O~105 Itz411100 II BRENTWOOD PARK PTN TIt 48 & Ell2 OF S~'l/4 SEe 16-24-tE CNVYD BY AUD NO 10S793S:DAF, BEG AT A CONe MON SET AT X OF SLY RIW LN OF KITSAP WY (FORMERL~' PSH NO 21, 100 FT WIDE) WITH Vw'L Y RIW LN OF ARSENAL WY (40FT WIDE) AS SD RJW LINES V{ERE LOC FEB 29 1960 TH S24*.:!4'40W ALG SD WL Y R/W 56S.31FT TO CONe MON TH S9*S7'20E ALG SD R/W 499.78FT TH LEA V SD RIW, FR A SEMI-TANG WH B.EARS N43*35'20W, ALG CRY TO R HA VG RAD OF 1747.10FT AN A1RC DIST OF 128.50FT TH N81 *5S'OOW 410FT TO TPOB TH S81"'S:5fOOE 80FT TH N22*14'34E 100.09 FT T~ N31--3S'43W 196.33FT TH S63*24'l7W 16..48FT TO PT OF CRV OF CRY TO R HA VG RAD OF' 418.13FT TH ALG SD CRV THRU CIA OF 32--59'22 AN ARC DIST OF' 240.70FT TO WLY DDRY OF QUALHEIM WAR HOUSING PROJ'l'lfl S12*38'36W ALG SD DDRY 182.] 1FT TH S32*11fOOE 78490FT TH S711*11fOOE ZooFI' TO TPOB. EXCEPT PORTION CONVEYED F'J.j;,R RECORDING UNDER AUDITOR FILE NO. 200301230524. ciQse this ,'Window : , , EXHIBIT A : , , I Layout Pa Kit$ap County Parcel Search ',' . ..... ~' Legend .,.... ':~:i~~;;:~~'Y'f"w""w"",,,,w "'" ," \1: ----- PareeJ:S """..'v .' r Road Natne$ ..'h.,_ , Military /ii:/ \ . <....... -'" .1/ " '.,11 i i'~" " """"" i/I:" / >": ~:. -,' ~ " -':'" '... ";{ ,. . : . ~ ',~'{ ~~~'?~,~~" ,~,,~/i[. _~,N^:~~':\ , " " \,,.. '>", , , . " "'w r",C';:{:j~S1,fi~.:0'" ..-..TrLJ.{\rj~~i>\,,\ " ,"" Hn>n", ",,:5iTliU1::r: Ii' '" ' " :=irJTIl!f~l(---"" \\>,~ ,.,. 4~tf ' ",. .S j , ~~~~l~"nw~::'::':~r~~:~~. DISCLAIMER: This map is intended for display purposes only and is not intended for any legal representations. [Click here to Print] EXHIBIT B REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (SR3 Park) EXHIBIT C . Play structure . Benches and picnic tables . Tennis nets . Park signage . Split rail fence EXHIBIT C - ------------- TijEilflTYj"Of PRIDE AN!:'! QPPORTUNITY MEMORANDUM Addendum to t~ January 20, 2005 Memorandum on the Selling of the SR3 Park Property To: Bremerton City Council/Mary Cary Bozeman From: Ken Mickelsen, Director Date: February 9, 2005 Subject: Recommendation for the sale of the SR3 Park property, At the January 25,2005 meeting of the BremertonParks and Recreation Commission, the subject of the sale of the SR3 Property was discussed. The Commission (parks Board) voted unanimously, at the m~ting, to support the sale ofthe SR3 Park property and to recommend to the City Council and Mayor to proceed with the sale of the SR3 Park property. ?,. '. , \ '\ . I L ---------------- MEMORANDUM TO: Bremerton Parks & Recreation Commissioners FROM: Ken Mickelsen Director, Parks & Recreation DATE: January 20, 2005 SUBJECT: Selling of SR3 property It is my understanding that the Commission has discussed the sale of the SR3 property and was supportive of the sale of the property, but no formal action was taken. I would like to bring the Commission up to date on the status of the SR3 property. I have been working directly with the City Attorney and Gary Munsterman, of the National Park Service, on the process required by National Park Service for the sale of the SR3 property. BACKGROUND INFORMATION The SR3 property is located in a commercial area next to several automobile dealerships on the west side of Highway 16. The SR3 property prior to becoming city property belonged to the u.S. Government and was given to the City with a deed restriction that , the property could only be used for recreational purposes. The SR3 park contains four tennis courts, which are in need of repair and resurfacing, a small playground area, and several picnic tables. The annual maintenance cost associated with the park greatly exceeds the recreational value provided by the park. The loss of four tennis courts will not be a problem as the City has sufficient tennis courts for coinmunity use. The small piece of playground equipment along with the picnic tables will be relocated within the park system. Since there is a government deed restriction on the property, the City would need to comply with two requirements of the government to remove the restriction in order to sell the property. First, the property needs to have an appraisal. The property was appraised in March of 2004 and the value was $568,000 dollars. The second reqUirement is that the City needs to replace the value of property with property of similar recreational value; arid the proceeds of the sale of property can only be used to purchase additional property. In conjunction with this, the City needs to identify several parcels of land that they would actively pursue as replacement for the SR3 property. The department has identified the Plumbers Building property, the Chevron property, both adjacent to Evergreen Park, and three parcels of land adjacent to the existing city park at the south end of Kitsap Lake. SYNOPSIS Currently, there is a potential buyer for the property. The proposal the department has been working on involves selling the SR3 property, purchasing the Plumbers Building --- -- and placing the remainder of the money in a trust fund that can only be used for Park purchasing park land. The department had an appraisal completed on the Plumbers Building and the March 2003 appraisal report place a value of $124,000 dollars for the property. We are currently pursuing the possibility of the Chevron property being donated to the City. I am very optimistic that the National Park Service will approve the proposal outlined above which will allow for the sale of the property within the next thirty days. If approved, we want to expedite the process for selling the property. In addition to the government requirements to sell the property, the City of Bremerton has specific requirements contained in the Bremerton Municipal Code for the selling of parks property that are listed in the Parks Protection Chapter 13.12 of the Code. SR3 is on the list of protected properties. The requirements are attached. See 13.12.030 Procedures To Surplus or Change Use. ACTION: Staff will be seeking action from the Parks Board concerning the SR3 property ---- ~ . ," Chapter 13.12 Center (29) Lent Lane P ARKS PROTECTION (30) Ivy Green Cemetery (b) The City COWlcil may, by a simple m~ority of thosy present, add any parks lands to the list above. Any Sections: additions made by the Council would fall under the full , provisions of this chapter. (Ord. 4575, Amended, 13.12.010 TITLE. 11/21/1996; Ord. 4443 ~1, 1994; Ord. 4283 92, 1989 13.12.020 PROPERTIES. Referendum) 13.12.030 PROCEDURES TO SURPLUS OR CHANGE USE. !1~J~'~:8'''=~:~~T? S'OKPLUS dh 13.12.040 PRIOR SALES - RESTORATION. The follo~ifig' p~6~edures 1.11 apply to the sale, 13~12.050 SEVERABILITY. possible sale, lease or significant change in use of any or a part of any of 1he above mentioned park lands. A 13.12.oio TITLE. significant change in use shall mean any activity which This chapter shall be known as "The Ordinance does not compliment or support a recreational activity. Providing Protection for Bremerton's Parks, Play Fields, (a) The Parks Board of the City of Bremerton shall Open Spaces and Recreational Facilities". (Ord. 4283 91, be consulted and provided all details concerning any 1989 Referendum) proposed sale, lease or significant change in use. The Parks Board shall prepare an aqvisory report and submit it 13.12.020 PROPERTIES. to the City Council and Mayor. (a) The following commonly known parks of 1he (b) , The City Council shall hold a miniinum of two City of Bremerton shall fall undet 1he provisions of this public hearings conc~ming the matter, in addition to other chapter: statutory hearings. (1) WarrenAvenue Play Field (c) In case of a proposed sale, the City Council at a 'I (2) Kitsap Lake Park minimum shall evaluate the Parks Board advisOl}' report , and must develop finding$ and. conclusions to support (3) East Park (Glenn Jarstad Aquatic ,CenterNMCAArea) det;:laring 1he park's asset in question smplus~ prior to (4) Blueberry Park concluding any sale. A surplusing declaration means that (5) NAD Upper Park the park's asset is no longer suitable for use as a park, play ,(6) NAb Marine Park field, open space orrecrea~onal activity by the Bremerton- (7) Evergreen Park ' community. (8) East Park Nature Area (d) A unanimous vote of the full Council (9) Stephenson Canyon membership is, necessary to sell any of the park assets (10) lions Community Playfield descnoed above'or to significantly change their use. (11) Forest Ridge Park (e) , In the absence of a U1lanimous vote to sell, or as (12) Kiwanis Park an alternative to meeting the criteria of Subsection (c) or (13) Sheridan Park Community Center and (d) or the Council may, by a simple majority of those SheridanPadc LoWer Area present, refer the matter to the voters at 1he neXt scheduled , (14) smith Play Field election, or by calling a speclaI election pursuant to law. (15) Manette Play Fi~~d and Senior Center ' (Ord. 4283 ~3,1989 Referendum) -- (16) SR3 J;'arlc (17) S.P. "Pat" Carey VISta 13.12.040 PRIOR SALES - RESTORATION. (18) 9th Street Mini Paux The City ofBremerton shall take such action as may (19)ArvonPak be necessary, including legal action if required. to restore (20) Bachmann Paux the City of Bremerton full title and ownership of the City "(21) Bataan Park ' of Bremerton parle, play field, open ~ce or recreation (22) Bremerton Boardwalk fucilities named herein which have been sold, transferred (23) Hal's Comer or conveyed within one year prior to 1he effective date of (24) Naval Avenue Site (1133 NavalAvenue) .this chapter: (Ord. 4283 ~4, 1989 Referendum) -- (25) Pendergast Regional Park (26) Rota Vtsta Paux , 13.12.050 SEVERABILITY. (27) Roto Vtsta Park (lower) , In the event that any portion of this chapter should be (28) Warren Tennis Courts and Community declared invalid by any Court of competent jurisdiction, 13.12-1 --- -_.~ -- From: <Gary_Munsterman@nps.gov> To: "Ken Mickelsen" <Ken.Mickelsen@cLbremerton.wa.us> Date: 3/18/05 6:56PM Subject: Re: SR 3 Park Exchange Ken - We have transmitted the agreements - you should them early next week. You will need to have it signed, returning here for NPS signature, We will then sign a QeD which will permit you to olose with the individual you are negotiating with. Please keep us informed on your progress on the replacement property acquisitions as well. Gary Munstennan National Park Service 1111 Jack$On Street, Suite 700 Oakland, CA 94607-4807 Voice 510-817-1445 Fax 510-817-1505 "Ken Mickelsen" <Ken.Mick~lsen@ci.breme To: <Gary_Munsterman@nps.gov> rton.wa.us> 00: Subject: Re: SR 3 Park Exchange 03f17/2005 03:36 PM PST . t'f,;r . , . I ,'\' .r,'., ..:.~: ~ ,.:.,' ""<- '.~'\'/" .