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Home My WebLink About4483 Contract ~Nt:lmbex: Vendor: Subject: Department: File Class.: Begin Date: End Date: Review Date: Vault ,Date: Comments: 4483 KITSAP CO COMMISSIONERS/KCCHA/KC HEALTH DIST " Parking - Norm Dicks Government Center Finance LEG-12--1 02/02/2005 06/15/2010 Refer to Condominium Declaration LEG 16-9 Review date for tracking only .KC-030-05 \"l- 030--0< NORM DICKS GOVERNMENT CENTER PARKING AGREEMENT This Parking Agreement ("Agreement") is entered into between the Kitsap County Consolidated Housing Authority, the City of Bremerton, Kitsap County and the Kitsap County Health District (the "Health District") (collectively, the "parties") on the date fully executed below. REelT ALS WHEREAS, the parties are contemplated to be the principal initial owners ofthe office units of the Bremerton Government Center, a condominium, also known as the Norm Dicks Government Center, ("Government Center") to be formed; and \VBEREAS, the parties wish to enter into this Agreement in order to resolve amicably a special parking rights related issue that has arisen in the course of negotiations over creation of the condominium; and WHEREAS, the parties acknowledge that the Health Districfs participation in the Government Center is contingent upon the parties' entering into this Agreement, and each party by the act of entering into this Agreement acknowledges that adequate consideration as to it exists for the enforceability of this Agreement; WHEREAS, the parties acknowledge that visitor parking is needed for other occupants of the building, and WHEREAS, the parties intend this Memorandum to be legally binding to the fullest extent pcnnitted by law; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: AGREEMENT Section 1. Health District Parking. Twenty-two (22) uncovered parking spaces will be reserved for clients ofthe Health District or for official Health District business use. Eighteen (18) of these spaces will be the parking spaces on the east side of the building. The remaining four (4) spaces will on 51h Street, immediately cast of the entrance to the parking garage. The entrance to the eighteen (18) spaces on the east side will be marked with signs indicating that the spaces are reserved for Health District visitor parking, between the hours of7:30 AM to 5:00 PM. The four (4) spaces on sth Avenue will be marked with signs approved by the Health District and the City of Brcmerton indicating that the spaces are reserved for Health District visitor or official business use between the hours of7:30 AM and 5:00 PM. The Health District shall have the exclusive right to claim these twenty-two (22) parking spaces for use during the hours posted for ,Health District use in partial satisfaction of its parking-rights allocation for covered parking under the Condominium Declaration. The covered parking spaces vacated by the Health District in exchange for the tWenty-two (22) uncovered spaces is reallocated to the parties with new parking allocation and assignments for the parties as set forth in Exhibit "A" attached hereto. Eighteen (18) parking spaces. In the event that any or all ofthe eighteen (18) uncovered parking spaces are eliminated for any reason at any time, the HealLh District shall have the right to claim a proportionate share of the covered parking spaces in the Government Center parking garage based on the allocation of parking spaces set forth in the column labeled '<Share of Spaces GC Inside" in Exhibit "A" attached hereto, unless alternate parking spaces are provided and agreed to by all parties as replacement parking spaces. In such event, the parties shaH proportionally reallocate the remaining uncovered outside parking spaces in the same manner unless otherwise agreed. Any reallocation of parking spaces herein is subject to the approval ofthe Government Center Owner's Association Board ("Board"). If the Health District wishes voluntarily to exchange some or all ofthc eighteen (18) uncovered spaces for other spaces, it will be entitled to do so only with the approval of, and on such terms and conditions as set by the Board. Four (4) parking spaces. In the event that any or all of the four (4) parking spaces on 5th Street, immediately east of the entrance to the parking garage, are eJinUnated for any reason at any time, the Health District shall have the right to claim a like number of spaces from the City of Bremerton in the Government Center parking garage, or shall acquire a like of number or parking spaces from the City at another appropriate parking area if approved by the Health District. All parties acknowledge that the four (4) uncovered spaces on 5th street assigned to the Health District were exchanged with the City of Bremerton resulting in the City ofBremerton receiving four (4) covered spaces from the Health District. With regard to these traded spaces, the parties further acknowledge that the Health District and the City of Bremerton may re- exchange all or a portion of these spaces to each other without approval of the Board. These special parking space rights are specific to the Health District as initial owner of Units 3 and 4A and are not transferable to any lessee or transferee ofthe Health District's interests in Units 3 and 4A. . Section 2. City of Bremerton Visitor Parking. Seven (7) uncovered parking spaces are on the north side of the building. Two of these spaces are designated and marked for disabled parking available to all building visitors. The remaining five (5) spaccs will be marked with signs indicating that the spaces are reselVed for City ofBremerton visitor or official business use between the hours 0[7:30 AM and 5:00 PM. Section 3. Over-Issuance of Permits. The Board may authorize the over-issuance of parking pennits to the number of spaces in the parking garage in order to realize higher utilization of thc parking garage. Section 4. Disabled Parking. There are currently two (2) unassigned disabled parking spaces in the parking garage. These spaces will be allocated or assigned by the Board pursuant to Article 8 of the "Condominiwn Declaration for Bremerton Government Center, A Condominium." These spaces will be allocated Of assigned based on availability only to those having access to the parking garage and displaying a disabled parking placard in their vehicle. . Section 5. Parkin~ Agreement Modification. Except as othetwise provided in this agreement, the parking allocation set forth in Exhibit "A" may be modified, reallocated andior reass.gned suhject to approval of lhe Board pursuant to Article 8 of the "Condominium Declaration for Bremerton Government Cemer, A Condominium." Section 6. Counterparts. This Agreement may be executed in counterparts. KITSAP COUNTY CONSOLIJ>ATED HOnSING AUTHORITY: ~ Il1. .khv{ DATE: 1.- r &' - 2.oOS- Kim ^bel, Chair ~ crr H DATE: ~ - 7-05 TY COMMISSIONERS DATE: ,A /~ ~ /Oi_ KITSAP COUNTY HEALTH DISTRICT: DATE: 3....\ -- 0 ~ ~ST . ~ ~.~~ \. ~ ~ -~ 'lp. ----- R:\LEGAL\Files\Currcnt Active Files\Goveroment Center\BGC Parking MOU1.doc -- 3 Norm Dicks Government Center VE~,,"M:EN'f C"EN'f"ER (GC) P^roGNG t\LLOC^'fION ^'f GO~' = is.~euc'f ,'" ..' 't!J 0/0 , \ $\late "jf.,' f\'S"'" :, f\"p.;g,r'reea:,\,.,b,greed Share" O(\\I,are 0 vaJ;<? .. . ~ . . .,' ,'., . . " s s' Unou.' upon.. Sp' aces "'Spa.ces' pace" ,t" / ' ,"' ., '. "':'.' .'Sl'a~"" S~a<" A.f,re~d " . ~ ,5t\l" . : , 'lj'PQU"" ,,,.Streef.' ' . 1) ", .~', ~pa~e~. .' '~', '. ~,'~ GC 1.:,'. ': '. . ''f~ta.\~) .,;,~ ,,,' , , ~ ..~~.s:.. ..~ . , . " . " GC ':.- GC",:'< "GC" total', ,'(lJllSi!l<,' .l!lolli' 40.9 18 11 25.4 5 24 GC ,'" 'GC "inside ,'outside' 3\.& 9.1 19.& 5.7 \ - 5.9 () ......J 4 o 7,.9 " 39.7% ~ 24.7% 26.3 "'l: . strict thDl ~ 't'\lof Cl 'J don ~unt)' Ritsall \idated Canso llO\1Sitl.?t ~\1nt)' 1Zitsa~ta\s 20.4 tt) ~ 103 25.5% lO --- SO \0.1% ~ 100.0% 3-.1 ~ 80.0 2.3 --- 23.0 lOA ~ 103.0 o - '23 G ",,_, c- c"",,,,,,,.'um """,,"on. -" · , ta identifled in the Brerntrton 0" , ."'" on ,."...,,,, P""" <" ' . '" V' "'~..... ,,,,,^, Ib' G"'om-' CoO'" -"' d d b" .. c,~ "'.."...,.. ~ .. "",ib """,,, '''' "" ' " '2. 5W street spaces tra e) '1 . . h \\ tenants befot'c 1 :30 " Ii C'w ofU_ertOl1 <gree \0 share ,e""""d outSIde Sjlac'" wtt · I 'f\l< \l.ealtlt PlStnct an ,., d fo' \l.e.1ID ~.rn. and. after 5:~O \?rn. \ d that the four shottAett115ID Street ~",k\ng s,,"ces are ,eset"e \1. 'f\l< lJelllID J)\sttlct .c"""w e ~. District use on1J ft(!l1l1:30 a.m. \0 5.001""" ~O'fES: 11}Ul1131'f A. ----------/-