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HomeMy WebLinkAbout03/18/2015 AGENDA i '. CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 MARCH 18, 2015 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. BPD BRIEFING—City of Bremerton Police Chief Steve Strachan 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — March 4, 2015 C. Minutes of Study Session — March 11, 2015 D. Construction Contract Award to Coatings Unlimited, Inc. for Interior Coating Replacement of Reservoir 10 North (located in Olympic View Industrial Park) E. Property Purchase Agreement with the Bowman Family Trust for 6.85 acres for Water Utility F. Ordinance No. 5271 to grant a 10-year Franchise Agreement with Cascade Natural Gas G. Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589 H. Management and Professional Employees 2015 Salary Schedule 7. GENERAL BUSINESS There are no General Business Items... 8. PUBLIC HEARING A. Public Hearing on Ordinance No. 5272 to vacate alleys between Dr ML King Way and 81' Street, and between Warren and Park Avenues for the Marvin Williams Youth Center 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ®Americans with Disabilities Act(ADA)accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. 4 J PSE Lighting Program g g g Get low cost LEDs for your home J R_ March 18=19, 2015 � r 10 : OOAM to 5 : OOPM Lobby @ Norm Dicks Government Center National Day of Puppetry Visit the Valentinetti Puppet Museum 247 4th Street, Bremerton,WA. www. . . . . Attend a puppet show at Olympic College Theatre 2pm "The Tasty Tale of Brave Sir Bump" Performed by Bill Jarcho Tickets S7 at the museum. r wnp�erbaa.com & at the door - rd RSVP Today! Space is Limited! j t Open To AU Pre&S StudentsW 1 16, M Distr�ctw�de� • E4og an Evenfng of Math Games S AotMtiesa Thursday, March 26, 2015 � 5:30- 7:30 pm Held at Armin Jahr Elementary 800 Dibb Str_e �� • IPME FAV Photo ? XW9 Take Dome Math Kit 1 RSVP Required! Parents can RSVP online at www.bremertonschools.org � or , A return this form to school office by Wednesday,March 18,2015 Your Childs School/Preschool: How rnany will attend(TOTAL Including adults and children? How many will have dinner? Adults: Children: Grade level of children participating(check all that apply(: I ❑PreK ❑K-1 ❑2-3 ❑4-5 em o n j About You.(,t—k—1 ❑Parent ❑StaHMember ❑Volunteer S cX c1D i 91464; O UEDaBUD 22D 22G3, Z I I i �� JaC�3�304o0Q� 1 I � •-VII\I1 ' I'—"`� Y.. ��.JI.J �V.�J`/`/ � I e iso „ OLYMPIC COLLEGE *p � D WHITMAN Co., a� M ems! u �p ,[� xttt� ®. )OHMHOexuIS Celebrate Our 111a 11ita s� Appreciation Day March 28,2015, 11:00 AM -4:00 PM AT KITSAP SUN PAVILION,KITSAP COUNTY FAIRGROUNDS ENTERTAINMENT CHILDREN'S ACTIVITIES MINI BOOT CAMP FOR KIDS ' DOOR PRIZES FOR MILITARY PERSONNEL LEARN WHAT KITSAP HAS TO OFFER LOCAL BUSINESS INFORMATION ' FREE FOOD & DRINKS (NON-ALCOHOLIC) L' CENTER STAGE PERFORMERS LIVE ENTERTAINMENT n Come& Enjoy a Day of Fun, Free Food, Entertainment and Celebrating our Military! PROUDLY SPONSORED BY: FirstCommand' STARSKOSTRIPES. t be�W Bdy `� �VIVD Silverdale de c =� - ShaneMcGraw 'khallRtt(or Stott n tit Plant" PUBLISHIMOLNC "'�••... .:...-.: TEAM 41<15y EASTER BRUNCH -ail CELEBRATE AS A FAMILY WITH A FALL BUFFET AND KIDS' ACTIVITIES GUESTS WILL ENJOY AN INCREDIBLE SPREAD,FEATURING HOMEMADE BAKED BRtADS AND PASTRIES,EGGS BENEDICT, SALMON WITNBROWN SUGAR MAPLE GLAZE, "ADE-TO.ORDER.OMELET STATION.AND MUCH MOREI EARLY RISERS IIE8ENVATTIONS BETWEEN 9AM AND ICAM RECEIVE 10%OFF THE TOTAL BILL LATE LUNCHERS RESERVATIONS BETWEEMZPPI AND SPH RECEIVE SMS OFF INS TIAL BILL ADULTS: $30 CHILDREN(6'-12):$15 SENIORS(SS+):*1S KIDS S AND UNDER ARE FRIE*! RESERVATIONS ENCOURAGEb 360.415.6895 SERVED FROM SAM TO*14. WIT14 EGG 4IUNT TIMES AT 1DAM AND 20M. COLumwA Gold Mountain HOSPITALy7Y.. � ., y � v / h 05 O �ost a a • ahese Str�c�eht p • - • • Four Week Summer ProgramElaine Valencia, July 24—August 20, 2015 (360) 473-5266 S Elaine • Kitsap County families! Experience anappreciation - for a new culture and gain lifelong friendships without leaving home! Weare in need of families to host teenage Japanese students from Kure, Japan-Bremerton's Sister City. The students will be here to learn English and immerse themselves in American life. Sen.Maria Cantwell.) Ser,�EaiGanlv.�:l Proud to stand W1 #WA @AP.TA_T.ransit members to, support:#transit &-strong communities �I FA 3 71 a / � ,Tep•c 5 0:45 P164• 10 Mar 2()l?) .. - - - i pr~, t�2[S"a i�'4. ;y„'T4+\..rr��.. .,ri�'s ,i•r .r� 't c'i• . ';' i-.•� �. ".•..:_'`. 3� Z ? '' � f>- 7 a1 � r, f{ � �, ^'!''••%_� .}' �•� >, rp-_r,. 'dam ._�""� "� �h :,'�' 'iJ �,c'�,.'.'�jii'c- "�t�..� r�� �''� Gay ,�`'�+-�;. L•�'''� _ , _—`-_ ; \ ,` r.,.'�✓6j.�, `�° Gry, ti \!4 i.N �'it Pb ' w Ap; !�Z�.. •' l- `moi.. .- • .. " - - - - �"�^.•__-� fi'.�f 4•"r= ..cy,...,fit 'J�YS��'D^ G -.� - _- _: "'�i: _ '�:���'.�-' ,•ice:' <. �:�. �.'�r�-�c. :• /'.-�.. � �y'�'•._•'`5.0:.d���,:�I,'rcp'�p� .rF�`•?"rye:�l`T':1�"��'7r-'°:�M1�•i"n;'�y y�_ ..�,,.. .,�-_; ~,.vJ �',cJ:tir�-7Jc:Yt B:�S'. -k,. •�a%�i� s.•r f'-4,�!.-.x�> �:. X.., •`'S. {� rs' <.h u.Y l .. '�L a•r ^)r. �tw !?. �! rY.•. ;i ��^ ra sy.. /�rT.,...a' Qj .:1 iii' t -- „, f'Ts"i' w .r {rtiti�:.5'I'•}:L.-' .r..f✓.��,� C•,, .7 e_ I •.IIT' "�+c3^'A�,.�{�.%, '•-�4'--t y{� t 'fes^ S•:/yr.y, �� J Rx '4� r•G � '�-� fa F.):.4i�.+•r, r., 'Sr_•roti a'+•.� „ . � T'. � � _ - f'��1 _ �ryf!,�i. .i:}u�. -,'cf.wlx`•3" (�p. �� .P.� � ' �. tii`L�, , ray .;n�•M1'' ��.1 .�`�.( 1 c' ti- .`_,,,__-_— A-7, ;i.a, �,h r.. `dY�.`,�. �eZ''��'• ' r.;r'1+� �`•'k''�;G_f C5'1?.'t� � '' '•'{-Y+17_';,�, � .,�'rl ;:,t;�N�'• i;" •; Y.' "'i':- - i i �i� '•)"1'I.7.0:I� "• �-r4' -r J.L".- '�- �'c f Ys'��:, , 7 t'-V. -^. 1'�. � ate,�t?`•• .�a:11"�i�i.'s.. •��r�°{3.-L,�1?3;n•ao r-��.y;F).�':� :'L!`'r.s:�.;��'c���r �"'�`.+€:..,c 1�.',ha:�;�c,`•''c:� ): •.,;•� f`.f 1 ,_ �a C'd'r "�_s v.P.��i.�il•.:ti 3 `Tl�;e:'Y�.G'J.� k i Z I` r rI' W 1 ' I � Ni' 41k m AP. � r 41 � t tic: «t•r ti � eco �y 0 AarWu KITSAP COUNTY DEPARTMENT OF PUBLIC WORKS M 614 DIVISION STREET IA S-26), I'ORT ORCHARD. WA 98366-4699 1 KITSAI'1: 360.337.5777 Kll-SAI'GOvcom March 13,2015 City of Bremerton Lori Smith, Legislative Assistant 345 6th Street Suite 600 Bremerton,WA 98337 Dear Lori Smith, Legislative Assistant, Congratulations! I am pleased to inform you that City of Bremerton has been certified as a Waste Wise @ Work Certified Business for demonstrating its commitment to preserving the environment in Kitsap County. Reducing waste and recycling in the workplace is a major step in reducing consumption, keeping items that can be remanufactured into new products out of the landfill, and keeping Kitsap County one of the "greenest"counties in Washington state. By voluntarily implementing a waste reduction and recycling program,City of Bremerton has positioned itself as a leader in our community, setting an example for other businesses considering similar actions. Benefits of membership include automatic nomination for Kitsap County's Business Recycler of the Year Award(which is part of our annual Earth Day Awards in April of each year), a Waste Wise @ Work certificate of recognition, and a"We Recycle"window cling to show the community your business is taking extra steps to"do the right thing". In addition, we will recognize your achievements by highlighting your company on our website and in our newsletter in the November Kitsap Peninsula Business Journal. If you wish to include your logo in these materials,please email an electronic version to me. Additionally, if you are interested in using the Waste Wise @ Work logo in your publications, please contact me to find out about usage terms. I hope you have been able to experience increases to your bottom line due to the extra effort you have put into your sustainability program. If you require any recycling assistance in the future or want to find ways to reduce your garbage footprint even more, please feel free to contact me. Our expert staff is more than happy to conduct follow-up assessments and we are always here to help. Sincerely, Christopher M. Piercy Kitsap County Recycling Coordinator cpiercy(a)co.kitsap.wa.us (360)337-4898 Encl. q" s ROAD MAINTENANCE • ROAD ENGINEERING TRANSPORTATION a SOLID WASTE • SEWER UTILITY • STORMkVATER • E(ZIIPMENT SERVICES SUPPORT SERVICES PUBLIC INFORMATION 4•P.W•� Certificate of&cognition Waste Wise @ Work(Business Recycling Program (Presentedto City of(Bremerton In acknowledgement of outstanding efforts in waste reduction and recycling �1�r-esented 6y Board of County Commissioners and Kitsap County Department of1Pudlic Works, i Sold Waste (Division Warch 3, 2015 (:i Rol Gelder; Chair AapCoun Board of Commissioners QDavidA. Tucker, SPE,Assistant Director xitsap County ftbl c Works M--- BKAT TV's videos l Recently viewed +See all Ir4 STAFF PICT( Sl.Patrick's Day Parad... Joint Land Use Study W... Growing Bremerton Tog... Inside Bremerton-N, white Out Uploaded 2 weeks ago Uploaded 3 weeks ago UplaadaC 3 weeks ago From teff Scher / � Join .. ... • 41N + Ilk OS ` J C. M' - MH MO r r r r • ✓ Follow + Collections Stats j Download - ? Forest Ridge • -l' rStewardship Days Interested in helping restore, 1`• update and beautify • . include.Tasks will trail maintenance, weed removal, .....j-. • • • • • restroom facility RD updates, • • • - 3 SATURDAY OF EVERY MONTH PARK ADDRESS 110 Summit Avenue FOREST RIDGE PARK Bremerton, STEWARDSHIP DAYS EVENT DATES September 20, 9:00 am A group of community volunteers, in collaboration with the City of October • 11 am Bremerton, have taken on creating a Forest Ridge Park Stewardship November11 . Group that will prioritize projects and carryout park beautification tasks December 21 11 . on a monthly basis. The group is requesting donations from local January 17, 11 am businesses for project supplies and will provide coffee and pastries on February 21, 9:00 am work days. March 21, • 11 . All are welcome to participate! • , 11 am • 11 . May 16, Facebook� Find us on 1 • 11 ,� © www.facebook.com/ForestRidgePark July . • :00 am August 11 . when: iw 4th Saturday Now` of every month ,,.�. 9- 1 lam Rain or Shine where: Kiwanis Park 1701 5th St. j - Bremerton • • - • • • - - - • - • • • Upcoming Event Dates: Ja n. 24th - - • - � - • - Feb. 28th • • • • • • • • • March 28th • • • • - 0 0 • - • • • - • April 25th • May 23rd - • • • • • • • • - • - - - - June 27th • July 25th August 22nd 1 Sept. 26th -- G �►: Oct. 24th r 't''�'•.,' .'' For more information please call 473-5305. 4 �x , B Everjotle as dnvafdo 1,Ko BREMERTON' CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD ::,� 4,ew -Rob 9 r-4, �- REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: N/A COUNCIL MEETING Date: March 18, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 362615 through 362837 and EFT's 14695 through 14746 in the amount of $1,820,029.18. 2) Regular Payroll for the pay period ending February 28, 2015 in the amount of$678,360.80. 3) Regular Payroll for the pay period ending March 15, 2015 in the amount of$702,225.47. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A March 4, 2015 COUNCIL MEETING Date: March 18, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on March 4, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 4, 2015 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 4, 2015, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6`h Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Eric Younger was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was 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 Mike Sullivan followed by the invocation provided by Bishop Kurt Wiest of the Church of Jesus Christ of Latter-Day Saints. MAYOR'S REPORT— Mayor Patty Lent... • Thanked USS Bremerton crew members for their hard work on cleaning up Hal's Corner; • Introduced Marion "Mick" Hersey who presented an American Flag flown over the aircraft carrier USS Ranger (before being towed out on Thursday) to Rolf Dengler which he accepted on behalf of his father Dieter Dengler, who was a rescued POW/MIA; • Presented Mr. Hersey with a Mayor& City Council Appreciation Award in recognition for being named "Elks Volunteer of the Yeas"; • Brought forward Kurt Wiest, Executive Director for the Bremerton Housing Authority, who announced that applications for the "Section 8 Housing Choice Voucher Rental Assistance Program" will be accepted until Friday, March 13, 2015; President Wheeler noted that flyers and copies of a Program Fact Sheet were available on the back table; • Read a proclamation to Proclaim Saturday, March 7, 2015 as "Mission Outreach Day" which was accepted by Carl Jakobsson who invited the community to attend a Workshop at 2:00 PM followed by a Program at 4:00 PM at the Mount Zion Missionary Baptist Church; • Read a proclamation to Proclaim March 16 to 20, 2015 as "Community Champions for Meals on Wheels Week"which was accepted by Deborah Horne, Executive Director for Meals on Wheels Kitsap, and Members of the Volunteer Board of Directors Jennifer Ruckman and Jessica Gordy; • Reported on receiving a few personal letters of thanks for supporting a Symphony performance at City Hall; • Read a proclamation to Proclaim Friday, March 6, 2015 as "Women's History Day" which was accepted by Kathleen Cahall, Kitsap Historical Society Museum Board of Directors, who announced a free presentation will be held on Friday, March 6 beginning at 6:00 PM at the Museum located at 280 4`" Street as part of First Friday Artwalk; • Was pleased to see the Bremerton's Fountain Harborside Park featured in a deck of cards handed out to AWC Legislative Action Days Conference attendees; • Read a proclamation to Proclaim March 2015 as "Brain Injury Awareness Month"which was accepted by Suzanne Griffin who mentioned that there will an event held in September with details to be announced soon; and • Congratulated Council Member Dino Davis for receiving a Community Service Award from the Kitsap County Association of Realtors. City Council Reg. Mtg. Minutes Wednesday, March 4, 2015 Page 2 of 4 PUBLIC RECOGNITION Mike Walton, Executive Director of Bremerton Family YMCA, reported on the current youth water safety program; announced that foster children will be eligible for free memberships in Pierce and Kitsap Counties; encouraged teens to stop by for Teen Late Night; and welcomed contributions to the annual campaign through March either in person or online at www.Vmcakitsap.org. Aaron Leavell, Bremerton School District Superintendent, announced that the Washington Association of School Administrators (WASA) plans to present the WASA 2015 Community Leadership Award to Mayor Lent on April 27 at Clearwater Casino in appreciation of her support of education and her commitment to Bremerton School District. Caroline Stein, with the Washington State Science & Engineering Fair (WSSEF), announced that the 58 1h Annual WSSEF will be held on March 27 & 28 at Bremerton High School.; and that more event details including information on how to volunteer as a judge are available at www.wssef.orq. Gina Schultz, with the Downtown Bremerton Association (DBA), announced that the St. Patrick's Parade will be Saturday, March 14 starting at 11:25 AM. John Hanson, USS Turner Joy Board President, provided an update on marketing efforts for the organization which includes a partnership with the City of Seattle and expanded marketing on the Washington State ferries. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 362475 through 362614, and EFT-14659 through EFT-14694 in the amount of$1,069,208.92; Regular Payroll (Retro Pay Out) for the pay period ending January 15, 2015 in the amount of $177,174.89; Regular Payroll (Pay Out) for the pay period ending February 15, 2015 in the amount of $2,899.06; and Retiree Payroll for the pay period ending February 28, 2015 in the amount of$59,991.48 513 — Minutes of Special Meeting — February 19, 2015 5C — Minutes of Study Session — February 25, 2015 5D — Purchase of one Toro Ground Master 4700D Mower for the Parks & Recreation Department from Western Equipment Distributors of Kent, WA 5E — Purchase of one JD 4066R Tractor for the Parks & Recreation Department from Washington Tractor of Poulsbo, WA 5F — Purchase of one 2015 Ford F250 4X4 Crew Cab Pickup for the Waste Water Division from Legacy Ford of Pasco, WA 5G — Interlocal Agreement between Kitsap County and the Cities of Bremerton, Poulsbo, Bainbridge Island, and Port Orchard relating to Low Income Housing Projects under the Affordable Housing Grant Program (SHB 2060) 5H — Interlocal Agreement between Kitsap County and the City of Bremerton relating to the HOME Program There were no questions or comments from the public... 06:24:50 Motion was made by McDonald and seconded by Sullivan... 06:25:03 M/S/C/U (McDonald/Sullivan) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, March 4, 2015 Page 3 of 4 GENERAL BUSINESS 6A— CONCESSION AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE BREMERTON HISTORIC SHIPS ASSOCIATION (RELATING TO THE USS TURNER JOY): City Attorney Roger Lubovich summarized that the proposed Concession Agreement grants a surface and use concession to the Bremerton Historic Ships Association on the Louis Mentor Boardwalk for the maintenance and the operation of a gift shop as well as for related fixtures, including the gang plank for access to the USS Turner Joy, for the purpose of providing tourist related concession services related to the USS Turner Joy. Mr. Lubovich also recognized former Council Member and Board Member Nick Wofford for his support on this issue. Comments were provided by John Hanson, USS Turner Joy Board President... 06:29:46 Motion was made by Runyon and seconded by Daugs; Questions and comments were provided by Runyon and McDonald, with a response provided by Mr. Lubovich... 06:31:45 M/S/C (Runyon/Daugs) Move to approve the Concession Agreement between the City of Bremerton and the Bremerton Historic Ships Association; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted In Favor of Motion: Daugs, Davis, Runyon, Sullivan, Wheeler Abstained from Motion: McDonald Motion carried: 5-Yes; 1-Abstention 613— ORDINANCE NO. 5270 AMENDING CHAPTER 2.32 OF THE BREMERTON MUNICIPAL CODE (BMC) RELATING TO THE ARTS COMMISSION AND ONE PERCENT (1%) FOR THE ARTS PROGRAM: Wyn Birkenthal, Parks & Recreation Director, explained that the proposed ordinance terminates the suspension of expenditures for new art from the One Percent (1%) for the Arts Program, restores the regular meetings of the Bremerton Arts Commission, and amends Chapter 2.32 of the Bremerton Municipal Code by allowing the Mayor to assign staff to provide administrative support for the 1% for the Arts Program and Arts Commission. There were no questions or comments from the public... 06:33:09 Motion was made by Daugs and seconded by Sullivan; Questions and comments were provided by Runyon; with responses provided by Mr. Birkenthal and Mr. Lubovich... 06:04:43 M/S/C/U (Daugs/Sullivan) Move to pass Ordinance No. 5270 repealing Ordinance No. 5167 and amending Chapter 2.32 of the Bremerton Municipal Code relating to the One Percent (1%) for the Arts Program. 6C —AMENDMENTS TO THE KITSAP REGIONAL COORDINATING COUNCIL (KRCC) INTERLOCAL AGREEMENT: Roger Lubovich, City Attorney emphasized that the proposed amendments to the KRCC Interlocal Agreement clarifies the structure of KRCC, allows for the appointment of Administering Agency (Administrator) to administer the operations of KRCC, and makes other changes to the agreement. Mr. Lubovich was available to answer any questions in the absence of KRCC Executive Director Mary McClure. There were no questions or comments from the public... 06:36:00 Substitute Motion was made by Runyon and seconded by Daugs; Comments were provided by Runyon, Daugs, Sullivan, and Wheeler... City Clerk Shannon Corin re-read the Substitute Motion and Mr. Lubovich clarified how this motion would relate to the ILA... City Council Reg. Mtg. Minutes Wednesday, March 4, 2015 Page 4 of 4 06:40:31 Substitute-M/S/C/U Move to reject the Interlocal Agreement with Kitsap Regional Coordinating Council (KRCC) with the proposed amendments as presented; and request that this agreement be reconsidered by the KRCC Executive Board for additional amendments to Subsections III (E) and III (I) of the agreement relating to the voting structure of the Board. COUNCIL MEMBER REPORTS Mike Sullivan thanked those who have served in the military and personally thanked Mr. Dengler for attending tonight; reported on a sailing of the USS Nebraska; plans to be a judge for the WSSEF; and looked forward to the Annual St. Patrick's Day Parade. Leslie Daugs wished her niece Tiffany a very Happy 5th Birthday; announced that the First Friday Artwalk will be in downtown Bremerton and Manette this week which included the new exhibit "Why Women's History Matters" at the Kitsap Historical Museum; participated as a judge at the Crownhill Elementary School science fair; thanked Mick Hersey for his contributions to Bremerton; and congratulated fellow Council Member Davis and Mayor Lent on their awards. Jerry McDonald was pleased to announce that the City of Bremerton has joined "Visit Seattle"; reiterated information about the Saint Patrick's Day Celebration in downtown Bremerton on Saturday, March 14; and invited citizens to the next District 3 Community Meeting on Monday, March 16 from 7:00 to 8:00 PM at the Bremerton Senior Center to discuss "Rats, Roads, and Questions". Dino Davis clarified that he received the 2014 Jenks Beard Community Service Award from the Kitsap Board of Realtors; and encouraged other people to volunteer or help out in their community. Roy Runyon thanked Park stewards and members of the Police Department for the clean-up efforts at Forest Ridge Park; encouraged people to report used syringes to the Kitsap Health District at (360) 337-5235; and also looked forward to being a judge this year at WSSEF. Greg Wheeler discussed an interesting debate he attended as part of a program last week at Bates Technical College in Tacoma. With no further business, President Wheeler adjourned the Council Meeting at 6:51 PM. Prepared and Submitted by: A/ CHRISTINE GRENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL do co CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A March 11, 2015 COUNCIL MEETING Date: March 18, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on March 11, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 11, 2015 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, March 11, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation except for Item B-6; and announced that approved items by Council will be placed on the March 18, 2015 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Construction Contract Award to Coatings Unlimited, Inc. for Interior Coating Replacement of Reservoir 10 North (located in Olympic View Industrial Park) Consent Agenda 2. Property Purchase Agreement with the Bowman Family Trust for 6.85 acres for Water Utility Consent Agenda 3. Fele6 4y Inn fer Timhe■ L aFyest 11 aRagement 4_ 11AadietiRg S9FVi Ge6 three gh DeGemher 31, 2017 Item Pulled 4. Ordinance to grant a 10-year Franchise Agreement with Cascade Natural Gas Consent Agenda B. BRIEFINGS AND FULL PRESENTATIONS 5. Proposed Public Hearing and ordinance to vacate alleys between Dr ML King Way and 8th Street, and between Warren and Park Avenues for the Marvin Williams Youth Center Public Hearing The following item was presented for formal action with a Council vote: 6. Professional Services Agreement with the Law Office of Kenneth W. Bagwell Inc. P.S. President Wheeler explained that the City Attorney's Office provided legal representation to the Kitsap Regional Coordinating Council (KRCC) from July16, 2013 to February 4, 2015. On March 4, 2015, the City Council moved to reject an amended Interlocal Agreement (ILA) proposed by KRCC and requested that KRCC amend other provisions of the ILA. This has created a potential conflict for the City Attorney's Office, so the City Attorney's Office cannot represent the City in issues related to KRCC. Section 23(a) of the City Charter authorizes the City Council to retain special counsel for specific assignments. The Council President seeks a motion to retain the Law Office of Kenneth W. Bagwell Inc. P.S. as special counsel to represent the City regarding issues related to KRCC. There were no questions or comments from the public... 05:14:00 Motion was made by Davis and seconded by Daugs; Comments were provided by Davis and Daugs; and questions were asked by Runyon, Davis, and Daugs with responses provided by City Attorney Roger Lubovich and Kenneth Bagwell... City Council Study Session Minutes Wednesday, March 11, 2015 Page 2 of 2 05:23:00 M/S/C (Davis/Daugs) Move to retain the Law Office of Kenneth W. Bagwell Inc. P.S. as special counsel to represent the City regarding issues related to KRCC; and to authorize Council President to enter into a Professional Services Agreement substantially similar to the Agreement presented to the Council. Voted in Favor of Motion: Sullivan, Daugs, McDonald, Davis, Younger, Wheeler Voted Opposed to Motion: Runyon Motion 6 -Yes; 1-No C. GENERAL COUNCIL BUSINESS o A discussion was held regarding the City of Bremerton's status on the Kitsap Regional Coordinating Council (KRCC) Executive Board, which resulted in the proposed action for a letter to be drafted and presented to the KRCC Board listing the City's concerns o Audit Committee Briefing (2/26/15 Meeting)— Leslie Daugs, Chair o Public Works Committee Briefing (3/03/15 Meeting)— Mike Sullivan, Chair o Public Safety and Parks Committee Briefing (3/11/15 Meeting)— Leslie Daugs, Chair o Other General Council Business was discussed. D. EXECUTIVE SESSION 15-Minutes to consider minimum price for a real estate transaction under RCW 42.30.110(1)(c) President Wheeler announced that immediately following adjournment of the Study Session, the Council would meet for an Exempt Closed Session to discuss "Labor Negotiations" under RCW 42.30.140(4)(b). With no further business, President Wheeler adjourned the Council Study Session at 7:45 PM. Prepared and Submitted by: � r LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON & D CITY COUNCIL SUBJECT: Construction Contract Award to Study Session Date: March 11, 2015 Coatings Unlimited, Inc. for Interior Coating COUNCIL MEETING Date: March 18, 2015 Replacement of Reservoir 10 North Department: PW&U Presenter: Chal Martin /Tom Knuckey Phone: (360) 473-5758 SUMMARY: The work to be completed under this contract includes recoating the interior of a 1,000,000 gallon steel water reservoir located in the Olympic View Industrial Park. The interior of Reservoir 10 North will be abrasive blasted to remove the existing coal tar epoxy coating, then coated with a new epoxy coating. There were 9 bids. Coatings Unlimited was the lowest responsible, responsive bidder in the amount of$208,108.15 (which includes sales tax). ATTACHMENTS: 1. Council Summary; 2. Agreement; and 3. Bid Tabulation. FISCAL IMPACTS (Include Budgeted Amount): The project is included in the 2015 budget at $400,000 and is funded by rates. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the construction bid for Reservoir 10 North — Interior Coating Replacement-from Coatings Unlimited in the amount of$208,108.15 (which includes sales tax) 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 Form Updated 01/07/15 COUNCIL SUMMARY Reservoir 10 North — Interior Coating Replacement March 2015 3 h '�..:1 �• : I 6L Background Reservoir 10 North is a 1-million gallon ground-supported welded steel water reservoir located in the Olympic View Industrial Park. The existing interior coating has reached its useful life and needs to be replaced. A condition assessment performed by Northwest Corrosion Engineering in 2014 revealed blistering, peeling and cracking of the coating along the interior roof of the reservoir. The coating replacement work includes cleaning out the tank, removal of existing coal tar coating by abrasive blasting, coating the entire interior with a zinc primer and two coats of epoxy paint, tank disinfection, site cleanup and restoration. Fiscal Summary The 2015 budget for the project is$400,000. The engineer's construction cost estimate was$358,000, which includes sales tax. Bids were opened on February 26, 2015. There were 9 bids. Coatings Unlimited was the lowest responsible, responsive bidder in the amount of$208,108.15(which includes sales tax). In addition to the contract amount, an additional $40,000 is estimated for project management by City staff, installation of a cathodic protection system, and hiring a certified coating inspector to provide coating application inspection and testing services. SECTION 00500 AGREEMENT THIS AGREEMENT is dated the day of in the year 2015 by and between City of Bremerton(hereinafter called OWNER)and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the OWNER's Contract Documents entitled RESERVOIR 10 NORTH-INTERIOR COATING REPLACEMENT ARTICLE 2. CONTRACT TIMES. Substantial Completion for the WORK must be achieved not later than 70 calendar days from the date of Notice to Proceed. Final Completion and Acceptance of the Work must be achieved not later than 30 calendar days after Substantial Completion. ARTICLE 3. LIQUIDATED DAMAGES. OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time. Accordingly,instead of requiring any such proof,the OWNER and the CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)the CONTRACTOR shall pay the OWNER 620 for each day that expires after the time specified in Article 2. ARTICLE 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s). ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. (Contractor Initials) RESERVOIR 10 NORTH-INTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2015 00500-1 ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the following attachments to this Agreement: • Notice Inviting Bids (Section 00030). • Instructions to Bidders(Section 00100). • Bid Forms including the Bid,Bid Schedule(s),Information Required of Bidder,Bid Bond,and all required certificates and affidavits (Section 00300). • Performance Bond(Section 00610). • Payment Bond (Section 00620). • General Conditions (Section 00700). • Supplementary General Conditions (Section 00800). • Technical Specifications as listed in the Table of Contents,including appendices. • Drawings as listed in the List of Drawings. • Addenda numbers to .inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Paragraph 3.04 of the General Conditions. ARTICLE 7. WAIVER OF IMMUNITY. The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in paragraphs 00700 6.20 and 00800 SC-6.20. The provisions of this article shall survive the termination or expiration of this agreement. ARTICLE 8. SUSPENSION OF WORK AND TERMINATION The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00800 (Supplementary Conditions). (Contractor Initials) RESERVOIR 10 NORTH-INTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2015 00500-2 ARTICLE 9. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The OWNER, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the OWNER may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto,its partners,successors,assigns and legal representatives in respect of all covenants,agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written. OWNER: City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices License No. Approved as to Form: Agent for service of process: (Signature) (Title) RESERVOIR 10 NORTH-INTERIOR COATING REPLACEMENT AGREEMENT FEBRUARY 2015 00500-3 CITY OF BREMERTON BID TABULATION BIDE: Reservoir 10— Interior Coating Replacement OPENED Bill Davis DATE 2/26/15 TIME 2:00 p.m. RECORDED Shannon Corin OPENED: OPENED: BY: NAME OF BIDDER BOND BASE BID +CONTINGENCY SALES TAX TOTAL uJ e-crn /I�� 10 S s�i�s Zq9 S',S, 3.5 � KV L 95 D, Uzi , , -2-36,S it h- l�aP a� S ids : q0 l / . SUMMARY ENGINEER ESTIMATE (INC SALES TAX) $ 358,000.00 APPARENT LOW BIDDER SECOND LOW BIDDER �� $ THIRD LOW BIDDER $ P Coatings Unlimited, Inc. Atlas Applicator Company "Specialty Coatings Contractors" HOME ABOUT US SERVICES SAFETY REFERENCES COMPLETED PROJECTS IN SHOP CONTACT US e - _ r Coatings Unlimited, Inc. is dedicated to provide the customer with the / results they want We expect to satisfy our obligations to our customers by providing quality workmanship, in a timely manner, 1 sharing our experience and our knowledge while keeping a safe work place for ourselves and our customers employees. �- We have over 50 years combined experience in applying industrial coatings, a painting, sandblasting, pressure washing, flame spraying and other corrosion control methods. We have worked with literally every major company involved with the commercial and marine markets in the northwest Coatings Unlimited Inc. is a diverse company which can prep and apply many different types of .` i coatings on many different surfaces in our 50,000 square foot shop facility and/or In the field. i• AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Property Purchase of 6.85 acres Study Session Date: March 11, 2015 for Water Utility COUNCIL MEETING Date: March 18, 2015 Department: PWBU Presenter: Milenka Hawkins-Bates- Phone: (360) 473-5333 SUMMARY: Two parcels make up this property: Kitsap County Assessor's tax parcel #352401- 3-007-1005 consisting of 1 acre Undeveloped Land class, zoned Rural Residential (1du/5ac); and tax parcel#352401-3-008-1004 consisting of 5.85 acres Undeveloped Land class, zoned Rural Protection (1 du/10ac). The aggregate property is bounded by Bremerton Water Utility land on the north and west which is used for watershed and forest management; a private residence is to the east. This property is gently sloping; soils are a sandy gravelly loam; well stocked with merchantable second growth timber. This purchase will secure Water Utility ownership at the main access to Union River surface water supply drainage water intake facilities and will add as a buffer to the City's water supply area. This purchase enhances protection of the City's unfiltered system, demonstrating improvement to the Watershed Control Program per Department of Health, complementing the City's forest and timberland management program. ATTACHMENTS: 1) Council Memo; 2) Property Sale Agreements; 3) Exhibit A; 4) Exhibit B; 5) Exhibit C FISCAL IMPACTS (Include Budgeted Amount): Budgeted in 2015 Water Utility CIP for$150,000.00 STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase agreements with the Bowman Family Trust for$125,000.00 and authorize the Mayor to finalize and execute with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 City Council 3/18/15 Proposed Purchase—Bowman Properties—2 Parcels: 6.85 acres (+/.)Total Background This property has been identified for acquisition for a number of years and was budgeted in 2007 for purchase. At that time the owner was not interested in selling. In late December 2011 the owner made both written and telephone contact with Public Works & Utilities regarding access over Water Utility land to their property and also expressed possible interest in selling to the property. Public Works & Utilities provided written response that we would not grant easement over City Watershed ownership but would consider purchase of the properties based upon agreeable fair market values for land and timber and the availability of City funds. City staff has had subsequent conversations with the owner and they have expressed the willingness to sell at agreeable fair market value. Water Utility CIP budget currently has allocations for land purchase.There is$150,000 identified in the 2015 CIP for land purchase. Photograph at right shows typical tree cover.- mixed over.mixed stand of conifer and hardwoods approximately 60 years old. Description Two parcels make up this property: Kitsap County Assessor's tax parcel#352401-3-007-1005 consisting of 1 acre Undeveloped Land class, zoned Rural Residential (1du/5ac); and tax parcel #352401-3-008-1004 consisting of 5.85 acres Undeveloped Land class, zoned Rural Protection (1 du/10ac). The aggregate property is bounded by Bremerton Water Utility land on the north, west, and south, which is used for watershed and forest management; a private residence is to the east.This property is gently sloping; soils are a sandy gravelly loam;well stocked with merchantable second growth timber. No known recent activity. Kitsap County Parcel aerial—photo map showing property location in relation to adjacent Water utility lands is attached. Benefits for City Acquisition • Secures Water Utility ownership at the main access to Union River surface water supply drainage and water intake facilities. • Adds buffer to water supply area. • Enhances protection of unfiltered system demonstrating improvement to the Watershed Control Program. (Department of Health) • Complements forest and timberland management program. • Bounded on three sides by Water utility property; simplifies management on surrounding Water utility lands. Values An appraisal was conducted January 28, 2015 on the two parcels and a valuation of $40,000 was provided, It did not include timber estimates. Land -Appraised: $ 40,000(based on 2015 Appraisal)) Timber: $ 65,000(estimate) Total Estimated Value $105,000 Land—Assessed: $ 94,080(based on Kitsap County tax valuation for 2015) Timber: $ 65,000(estimate) Total Estimated Value $159,080 Offer The Bowman Family representative has offered the two parcels for a sale price of$125,000 Kitsap County Parcel Search Legend w...,. 1 :COY SPF'4v�.• JAW nes w Aro SIL►ti�A17 yenp�ss c�moC�a aare�W ib JlOIO [Click ham to Pdnq E3 Pao-OossD 8uwnnn. PipOOONY POG'AAGE (16.85 Ac) �^ Zee/-1se-Tod NWA.-'ER uTIL,-ry %ogERTy LiwjE REAL ESTATE PURCHASE AND SALE AGREEMENT This agreement controls the terms of the sale of real property. (Please read carefully before signing.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation("Buyer"), and James D Bowman as Trustee of the Bowman Family Trust ("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 on McKenna Falls Road, Bremerton, Washington and is legally described in Exhibit A, attached hereto and incorporated herein by this reference, hereinafter the"Property". A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Buyer shall pay no earnest money. 3. PURCHASE PRICE. The total purchase price for the Property is TWENTY FIVE THOUSAND FOUR HUNDRED AND SIX DOLLARS AND NO/100 DOLLARS ($25,406.00). 4. CONTINGENCIES. This Agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyer's review and approval of the title report on the property prior to Closing. (c) Buyer's review and approval of Seller's information contained in the Real Property Transfer Disclosure Statement as set forth in Exhibit C, attached hereto and incorporated herein by this reference. (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, (if justified as provided in Subsection(3)below)utilities availability and capacity, access availability, zoning, preliminary architectural and engineering studies,marketing feasibility. (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, REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 1 of 5 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 propertyfor 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 met or waived 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. 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 and telephone number is 9657 Levin Road NW, Silverdale, WA 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 be made so insurable prior to the Closing date called for herein, this agreement shall terminate unless, Buyer elects to waive such defects or encumbrances. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow and closing costs shall be paid for by Buyer, except those fees which are expressly limited by Federal Regulation, and excise tax and revenue stamps which shall be paid by the Seller. 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 17, 2015 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 REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 2 of 5 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. 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. Seller represents 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 subject Property except: (c) The Property is not encumbered by any leases. This provision shall survive the closing for a period of one year and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his/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 or 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: This provision shall survive the closing for a period of one year and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities,judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer,by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any breach of an express warranty or representation contained herein. This indemnity shall survive the closing for a period of one year and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer, including costs and attorney's fees, in the liquidated amount of Two Hundred and Fifty Dollars ($250), representing the estimated costs to Seller of the fees and costs incurred related to this Agreement. Buyer and Seller intend that said amount REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 3 of 5 constitutes liquidated damages so as to avoid 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 of litigation to enforce any of the 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. 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 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. 16. BROKERS FEES/COMMISSIONS. Seller agrees to indemnify, defend and hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to be entitled to a commission with respect to the transaction contemplated by this Agreement. 17. 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 for the periods set forth herein. 18. 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 98337-1873 (b) All notices to be given to Seller shall be addressed as follows: James Bowman, Trustee 218 Main Street, Suite 208 Kirkland, WA 98033 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. REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 4of5 19. 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. 20. 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 for a period of one year. 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. 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on , to accept the purchase and sale agreement as written,by delivering a signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period, this Agreement shall lapse and all rights of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLER: THE CITY OF BREMERTON By: By: Patty Lent, Mayor Its: Dated: Dated: By: Its: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney PACMITORMS\REAL ESTATE REPSA-Form.doc REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 5 of 5 REAL ESTATE PURCHASE AND SALE AGREEMENT This agreement controls the terms of the sale of real property. (Please read carefully before signing.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation("Buyer"), and Clayton Bowman, and James D Bowman and Marie K. Bowman as Trustees of the Bowman Family Trust, ("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 on McKenna Falls Road, Bremerton, Washington and is legally described in Exhibit A, attached hereto and incorporated herein by this reference, hereinafter the "Property". A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 3. PURCHASE PRICE. The total purchase price for the Property is NINETY NINE THOUSAND FIVE HUNDRED AND NINETY FOUR DOLLARS AND NO/100 DOLLARS ($22, 94.001. 4. CONTINGENCIES. This Agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyer's review and approval of the title report on the property prior to Closing. (c) Buyer's review and approval of Seller's information contained in the Real Property Transfer Disclosure Statement as set forth in Exhibit C. (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. (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, REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 1 of 6 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 propertyfor 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 met within 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. 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 and telephone number is 9657 Levin Road NW, Silverdale, WA 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 be made so insurable prior to the Closing date called for herein, this agreement shall terminate unless, Buyer elects to waive such defects or encumbrances. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow and closing costs shall be paid for by Buyer. except those fees which are expressly limited by Federal Regulation, and excise tax and revenue stamps which shall be paid by the seller. 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 which shall also be the termination date of this Agreement unless said closing date is extended in writing by mutual REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 2 of 6 agreement of the 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. 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. Seller represents 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 subject Property except: (c) The Property is not encumbered by any leases. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his/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 or 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: This provision shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities,judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer, or asserted against Buyer,by any other party or parties(including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 14. DEFAULT AND ATTORNEY'S FEES. REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 3 of 6 (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of Two Hundred and Fifty Dollars. 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 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 of litigation to enforce any of the 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. 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 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. 16. BROKERS FEES/COMMISSIONS. Seller agrees to indemnify, defend and hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to be entitled to a commission with respect to the transaction contemplated by this Agreement. 17. 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. 18. 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 98337-1873 (b) All notices to be given to Seller shall be addressed as follows: Clayton Bowman&Marie Bowman 218 Main Street, Suite 208 Kirkland, WA 98033 Either party hereto may,by written notice to the other, designate such other REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 4 of 6 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. 19. 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. 20. 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. 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. 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on to accept the purchase and sale agreement as written,by delivering a signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period,this Agreement shall lapse and all rights of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLER: THE CITY OF BREMERTON By: By: Patty Lent, Mayor Its: Dated: Dated: By: Its: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 5 of 6 P:\Civil\FORMS\REAL ESTATE\REPSA-Form.doc REAL ESTATE PURCHASE AND SALE AGREEMENT March 2015 Page 6 of 6 Exhibit"A" Order No.: 32149000 Parcel 1: That portion of the Northwest quarter of the Southwest quarter,Section 35,Township 24 North, Range 1 West,W.M.,in Kitsap County,Washington,described as follows: Beginning at the Northwest corner of said subdivision;thence East along the North One of said subdivision 677.88 feet;thence South 558 feet,more or less,to the Northerly margin of County Road 184;thence Westerly along said County Road to the intersection with the West line of said subdivision; thence North along said West line 321.88 feet,more or less,to the point of beginning; Except that portion described as follows: Beginning at the Northwest corner of said subdivision;thence East along the North One of said subdivision 677.88 feet to the true point of beginning;thence South 208 feet;thence West 208 feet; thence North 208 feet,more or less,to a point on the North line of said subdivision lying 208 feet West of the true point of beginning;thence East along the North line of said subdivision 208 feet to the true point of beginning. Pa reel 11: That portion of the Northwest quarter of the Southwest quarter,Section 35,Township 24 North, Range 1 West,W.M.,in Kitsap County,Washington,described as follows: Beginning at the Northwest corner of said subdivision;thence East along the North line of said subdivision 677.88 feet to the true point of beginning;thence South 208 feet;thence West 208 feet; thence North 208 feet,more or less,to a point on the North One of said subdivision lying 208 feet West of the true point of beginning;thence East along the North One of said subdivision 208 feet to the true F point of beginning. ...End of Exhibit"A''... . 1 i i i I I I� I Page I r JW.4r 2 f { i City of Bremerton a f T%j,in Lakes f Mason County (02-2 TYY SKIAUG Lepad "ThsMip Isfata abardueforbW GUM— MRP 80819: 1 kwh ZWObd Tax Parcels Reservation Outlines Area Building Urban Growth Footprints Area (S)Designated Shorelines (F)Fish Habitat (N)Non-fish Habitat (U)Unknown Military Area CltyArea MoM Cc,Parcel Saadi Aw"*n Ell COMMM" PIMdNs:3MM4400-1QD4 Taftyar BOMAN CLAWON&BOWUhN LIKFIEFMO TRW QbAddr@=NOADDFIE8SFOM 1 1 SELLER'S PROPERTY DISCLOSURE STATEMENT Unimproved Residential Real Property INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any " items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE MADE IJY SELLER,QBQUT THEtCONDILIQN . OF THE PROPERTY LOCATED AT XXXX W. McKenna Falls Road, Tax ID: 352401-3-007-1005 ('THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EX BIT A. � SELLER MAKES THE FOLLOWING DISCLOSURES OFEXISTING MATERIAL FACTS i OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT'BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE i YOU A COMPLETED DISCLOSURE STATEMENT, THEN,YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE.TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BEA PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS.PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. i Seller is/ is not occupying the property. Page 1 of 8 RC W 64.06.015 i I. SELLER'S DISCLOSURES: *If you answer"Yes"to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. . 1: TITLE Yes [ ] No [ ] Don't A. Do you have legal authority to sell the property? know If no, please explain. [ ] Yes No [ ] Don't *B. Is title to the property subject to any of the know following? (1) First,right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ ] Yes No [] Don't *C. Are there any encroachments, boundary know agreements, or boundary disputes? i [] Yes [] No Don't *D. Is there a private road or easement agreement know for access to the property? [] Yes []-No ,Don't *E. Are there any rights-of-way, easements, or know access limitations that affect the Buyer's use of the i property? i [ ] Yes [] No Don't *F. Are there any written agreements for joint now maintenance of an easement or right-of-way? [] Yes [] No Don't *G. Is there any study, survey project, or notice that know would adversely affect the property? [] Yes No [] Don't *H. Are there any pending or existing assessments know against the property? Yes [] No [ ] Don't *I. Are there any zoning violations, nonconforming know uses, or any unusual restrictions on the property lthat affect future construction or remodeling? [ ] Yes No [ ] Don't *J. Is there a boundary survey for the property? know [ ] Yes [] NoDon't *K. Are there any covenants conditions, or now restrictions recorded against title to the property? i 2. WATER NA A. Household Water [ ] Yes No [ ] Don't (1) Does the property have potable water supply? know Page 2 of 8 RC W 64.06.015 i j (2) If yes, the source of water for the property is: [ ] Private or publicly owned water system [ ] Private well serving only the property *[ ] Other water system ( ] Yes [ ] No '[ ] Don't *If shared, are there any written agreements? know [ ] Yes [ ] No Don't *(3) Is there an easement (recorded or unrecorded) ;know for access to and/or maintenance of the water source? [ ] Yes [ ] No i[ ] Don't *(4)Are there any problems or repairs needed? know [ j Yes [ ] No i[ ] Don't (5) Is there a connection or hook=up charge payable ;know before the property can be connected to the water main? [ ] Yes [] No i[ ] Don't (6) Have you obtained a certificate of water know availability from the water purveyor serving the property? (If yes, please attach a copy.) [ ] Yes [] No [] Don't (7) Is there a water right permit, certificate; or claim Know associated with household water supply for the property? (If yes, please attach a copy.) [ ] Yes [] No [ ] Don't (a) If yes, has the water right permit, certificate, or know claim been.assigned, transferred, or changed? i *(b) If yes, has all or any portion of the water right not been used for five or more successive years? [ ] Yes [ ] No [ ] Don't (c) If no or don't know, is the water withdrawn from know the water source less than 5,000 gallons a day? [ ] Yes [] No [ ] Don't *(8) Are there any defects in the operation of the know water system (e.g., pipes, tank, pump, etc.)? B. Irrigation Water [ ] Yes [] No [ ] Don't (1) Are there any irrigation water rights for the know property, such as a water right permit, certificate, or claim? (If yes, please attach a copy.) [ J Yes [],No [ ] Don't (a) If yes, has all or any portion of the water right know not been used for five or more successive years? [ ] Yes [] No . [ J Don't (b) If yes, has the water right permit, certificate„or know claim been assigned, transferred, or changed? [ ] Yes [ ] No [] Don't *(2) Does'the property receive irrigation water from know a ditch company, irrigation district,.or other entity? If so, please identify the entity that supplies irrigation water to the property: Page 3 of 8 RCW 64.06.015 i C. Outdoor Sprinkler System [] Yes [ ] No I[ ] Don't (1) Is there an outdoor sprinkler system for the know property? [ ] Yes [ ] No �[] Don't *(2) If yes, are there any defects in the system? j know [ ] Yes [ ] No J ] Don't *(3) If yes, is the sprinkler system connected to 1know irrigation water? 3. SEWER/SEPTIC SYSTEM A. The property is served by: [ ] Public sewer system f I I [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: I [ ]'Yes [ ] No �[] Don't B. Is the property subject.to any sewage system -know fees or charges in addition.to those covered.in your regularly billed sewer or on-site sewage system i maintenance service? i C. If the property is connected to an on-site sewage system: i [ ] Yes [ ] No j[.] Don't *(1) Was a permit issued-for its construction? know ] Yes [ ] No ±[ ] Don't *(2) Was it approved by the local health department know or district following its construction? [ ] Yes [] No . ( ] Don't (3) Is the septic system a pressurized system? (know [ ] Yes [ ] No Don't (4) Is the septic system a gravity system? f know [ ] Yes [ ] No Don't *(5) Have there been any changes or repairs to the know on-site sewage system? [ ] Yes [ ] No ![ ] Don't (6) Is the on-site sewage system, including the !know drainfield., located entirely within the boundaries'of the property? If no, please explain: [ ] Yes [ J No i[ ] Dont (7) Does the on-site sewage system require !know 'monitoring and maintenance services more :frequently than once a year? i i I Page 4 of 8 RC W 64.06.015 4. ELECTRICAUGAS [N Ps [] Yes [ ] No [] Don't A. Is the property served by natural gas? know [ ] Yes [ ] No [] Don't B. Is there a connection charge for gas? know [ ] Yes [] No [] Don't C. Is the property served by electricity? know [] Yes [] No [] Don't D. Is there a connection charge for electricity? know [ ] Yes [ ] No [] Don't *E. Are there any electrical problems on the know property? 5. FLOODING [] Yes [] No Xpon't A. Is the property located in a government know designated flood zone or floodplain? 6. SOIL STABILITY [ ] Yes [] No on't *A. Are there any settlement, earth movement, now slides, or similar soil problems on the property? 7. ENVIRONMENTAL [] Yes [] No KDon't *A. Have there been any flooding, standing water, know or drainage problems on the property that affect the property or access to the property? [] Yes [j No Don't *B. Does any part of the property contain fill dirt, now waste, or other fill material? [ ] Yes [] No Don't *C. Is there any material damage to the property now from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [] Yes [] No Don't D. Are there any shorelines, wetlands, floodplains, now or critical areas on the property? [ ] Yes [] No Don't *E. Are there any substances, materials, or know products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes KNo [] Don't *F. Has the property been used for commercial or know industrial purposes? [] Yes [ ] No Don't *G. Is there any soil or groundwater contamination? know Page 5 of 8 RC W 64.06.015 [ J Yes [] No Don't *H. Are there transmission poles or other electrical know utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on.the property? [ ] Yes [] No Don't *I. Has the property been used as a legal or illegal ;know dumping site? [ ] Yes [J No PK Don't *J. Has the property been used as an illegal drug know manufacturing.site? [ ] Yes [] No Don't *K. Are there any radio towers that cause know interference with cellular telephone reception? B. HOMEOWNERS' ASSOCIATION/COMMON INTERESTS fUY� [] Yes No [ ] Don't A. Is there a homeowners' association? Name of 'know association and contact information for an officer, director, employee, or other authorized.agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available:. i i [ ] Yes VNo [] Don't B. Are there regular periodic assessments: know i $ ' MA per [] Month [ ] Year [ ] Other At j [ ] Yes [] No [] Don't *C. Are there any pending special assessments? know [] Yes [] No [] Don't, *D. Are there any shared "common areas" or any know joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts; walkways, or other areas co-owned in undivided interest with others)? 9. OTHER FACTS [] Yes [] No 0on't *A. Are there any disagreements, disputes, know encroachments, or legal actions concerning the property? [] Yes [ ] No Don't *B. Does the property have any plants or wildlife know that are designated as species of concern, or listed as threatened or endangered by the government? [] Yes [ ] No Don't *C. Is the property classified or designated as forest now land or open space? Page 6 of 8 RCW 64.06.015 [ ] Yes No [] Don't D. Do you have a forest management plan? If yes, know attach. [ ]Yes V No [] Don't *E. Have any development-related permit know applications been submitted to any government agencies? If the answer to E is "yes,"what is the status or outcome of those applications? [ ] Yes [ ] No Don't F. Is the property located within a city, county, or `know P district or within a department of natural resources fire protection zone that provides fire protection services? t 10. FULL DISCLOSURE BY SELLERS l A. Other conditions or defects: [ ] Yes [J No Don't "Are'there any other existing material defects know affecting the property that a prospective buyer should know about?, B. Verification: The foregoing answers and attached explanations (if any)are complete and correct to the best of my/our knowledge and Ilwe have received.a.copy hereof. I/we authorize all of my/our-real estate licensees, if any, to Ii r copy of this disclosure statement to of r r tat licensees and all prospective bu rs o h ro erty. DATE SELLER J 2/25/15 SELLER Page 7 of 8 RCW 64.06.015 NOTICE TO BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. II. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. DATE BUYER BUYER Page 8 of 8 RCW 64.06.015 SELLER'S PROPERTY DISCLOSURE STATEMENT Unimproved Residential Real Property INSTRUCTIONS TO THE SELLER Please complete the following form. Do not leave any spaces blank. If the question clearly does not apply to the property write "NA." If the answer is "yes" to any ` items, please explain on attached sheets. Please refer to the line number(s) of the question(s) when you provide your explanation(s). For your protection you must date and sign each page of this disclosure statement and each attachment. Delivery of the disclosure statement must occur not later than five business days, unless otherwise agreed, after mutual acceptance of a written contract to purchase between a buyer and a seller. NOTICE TO THE BUYER THE FOLLOWING DISCLOSURES ARE.MADE QY SELLERmABO UTXHErCONDIWN- _ OF THE PROPERTY LOCATED AT XXXX W. McKenna Falls Road,Tax ID#352401-3-008-1.004 ("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXM BIT A. SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER. FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES. Seller is/ Jdt is not occupying the property. Page 1 of 8 RCW 64.06.015 I. SELLER'S DISCLOSURES: *If you answer"Yes"to a question with an asterisk (*), please explain your answer and attach documents, if available and not otherwise publicly recorded. If necessary, use an attached sheet. 1. TITLE Yes [] No [] Don't A. Do you have legal authority to sell the property? know If no, please explain. [] Yes No [ ] Don't *B. Is title to the property subject to any of the know following? (1) First right of refusal (2) Option (3) Lease or rental agreement (4) Life estate? [ J Yes No [ ] Don't *C. Are there any encroachments, boundary know agreements, or boundary disputes? ( ] Yes [] No N Don't *D. Is there a private road or easement agreement know for access to the property? [ ] Yes [] No J,Don't *E. Are there any rights-of-way, easements, or know access limitations that affect the Buyer's use of the property? [] Yes [] No Don't *F. Are there any written agreements for joint know maintenance of an easement or right-of-way? [ ] Yes [] No Don't *G. Is there any study, survey project, or notice that know would adversely affect the property? [] Yes XNo. [ ] Don't *H. Are there any pending or existing assessments know against the property? [ ] Yes [] No [] Don't *l. Are there any zoning violations, nonconforming know uses, or any unusual restrictions on the property that affect future construction or remodeling? [ ] Yes N No [ ] Don't *J. Is there a boundary survey for the property? know [ ] Yes [] No Don't *K. Are there any covenants, conditions, or now restrictions recorded against title to the property? 2. WATER NA A. Household Water [] Yes No [ ] Don't (1) Does the property have potable water supply? know Page 2 of 8 RCW 64.06.015 (2) If yes, the source of water for the property is: [] Private or publicly owned water system [] Private well serving only the property *[ ] Other water system [ ] Yes [] No [ ] Don't *If shared, are there any written agreements? know [ ] Yes [ ] No Don't *(3) Is there an easement (recorded or unrecorded) know for access to and/or maintenance of the water source? [ ] Yes [ ] No [ ] Don't *(4)Are there any problems or repairs needed? know [ ] Yes [ ] No [ ] Don't (5) Is there a connection or hook-up charge payable know before the property can be connected to the water main? [ ] Yes [] No [ ] Don't (6) Have you obtained a certificate of water know availability from the water purveyor serving the property? (If yes, please attach a copy.) [ ] Yes [] No [] Don't (7) Is there a water right permit, certificate, or claim know associated with household water supply for the property? (If yes, please attach a copy.) [] Yes [] No ( ] Don't (a) If yes, has the water right permit, certificate, or know claim been assigned, transferred, or changed? *(b) If yes, has all or any portion of the water right not been used for five or more successive years? [ ] Yes [] No [] Don't (c) If no or don't know, is the water withdrawn from know the water source less than 5,000 gallons a day? [ ] Yes [j No [] Don't *(8)Are there any defects in the operation of the know water system (e.g., pipes, tank, pump, etc.)? B. Irrigation Water [] Yes [] No [ ] Don't (1) Are there any irrigation water rights for the know property, such as a water right permit, certificate, or claim? (If yes, please attach a copy.) [ ] Yes [] No [ ] Don't (a) If yes, has all or any portion of the water right know not been used for five or more successive years? [ ] Yes [ ] No [ ] Don't (b) If yes, has the water right permit, certificate, or know claim been assigned, transferred, or changed? [ ] Yes [] No [ ] Don't *(2) Does the property receive irrigation water from know a ditch company, irrigation district, or other entity? If so, please identify the entity that supplies irrigation water to the property: Page 3 of 8 RCW 64.06.015 C. Outdoor Sprinkler System [ ] Yes [ ] No [ ] Don't (1) Is there an outdoor sprinkler system for the know property? [] Yes [] No [] Don't *(2) If yes, are there any defects in the system? know [ ] Yes [ ] No [ ] Don't *(3) If yes, is the sprinkler system connected to know irrigation water? 3. SEWER/SEPTIC SYSTEM N,Ik, A. The property is served by: [ ] Public sewer system [ ] On-site sewage system (including pipes, tanks, drainfields, and all other component parts) [ ] Other disposal system, please describe: ( ] Yes [ ] No [ ] Don't B. Is the property subject to any sewage system know fees or charges in addition to those covered in your regularly billed sewer or on-site sewage system maintenance service? C. If the property is connected to an on-site sewage system: [] Yes [ ] No [ ] Don't *(1) Was a permit issued for its construction? know [] Yes [ ] No [ ] Don't *(2) Was it approved by the local health department know or district following its construction? [ ] Yes [ ] No . [ ] Don't (3) Is the septic system a pressurized system? know [] Yes [ ] No [] Don't (4) Is the septic system a gravity system? know [ ] Yes [ ] No [ ] Don't *(5) Have there been any changes or repairs to the know on-site sewage system? [ ] Yes [ ] No [ ] Don't (6) Is the on-site sewage system, including the know drainfield, located entirely within the boundaries of the property? If no, please explain: [ ] Yes [] No [ ] Don't *(7) Does the on-site sewage system require know monitoring and maintenance services more frequently than once a year? Page 4 of 8 RCW 64.06.015 4. ELECTRICAUGAS N Pi [j Yes [J No [ ] Don't A. Is the property served by natural gas? know ( ] Yes [] No [] Don't B. Is there a connection charge for gas? know [ J Yes [] No [ ] Don't C. Is the property served by electricity? know [ ] Yes [] No [ ] Don't D. Is there a connection charge for electricity? know [ ] Yes [] No [ ] Don't *E. Are there any electrical problems on the know property? S. FLOODING [] Yes [I No Xpon't A. Is the property located in a government know designated flood zone or floodplain? 6. SOIL STABILITY [ ] Yes [j No ;(Don't *A. Are there any settlement, earth movement, know slides, or similar soil problems on the property? 7. ENVIRONMENTAL [] Yes [ ] No KDon't *A. Have there been any flooding, standing water, know or drainage problems on the property that affect the property or access to the property? [] Yes [] No [ Don't *B. Does any part of the property contain fill dirt, know waste, or other fill material? [ ] Yes [] No Don't *C. Is there any material damage to the property now from fire, wind, floods, beach movements, earthquake, expansive soils, or landslides? [] Yes [ ] No Don't D. Are there any shorelines, wetlands, floodplains, ow or critical areas on the property? [J Yes [J No Don't *E. Are there any substances, materials, or know products in or on the property that may be environmental concerns, such as asbestos, formaldehyde, radon gas, lead-based paint, fuel or chemical storage tanks, or contaminated soil or water? [ ] Yes KNo [j Don't *F. Has the property been used for commercial or know industrial purposes? [] Yes [ ] No Don't *G. Is there any soil or groundwater contamination? know Page 5 of 8 RCW 64.06.015 [ ] Yes [] No Don't *H. Are there transmission poles or other electrical know utility equipment installed, maintained, or buried on the property that do not provide utility service to the structures on the property? [ ] Yes [] No Don't *I. Has the property been used as a legal or illegal know dumping site? [ ] Yes [] No Don't *J. Has the property been used as an illegal drug now manufacturing site? ( ] Yes [] No X! Don't *K. Are there any radio towers that cause know interference with cellular telephone reception? 8. HOMEOWNERS' ASSOCIATIONICOMMON INTERESTS &)A [] Yes ANo [ ] Don't A. Is there a homeowners' association? Name of know association and contact information for an officer, director, employee, or other authorized agent, if any, who may provide the association's financial statements, minutes, bylaws, fining policy, and other information that is not publicly available: [] Yes )(No [] Don't B. Are there regular periodic assessments: know $ MA per [] Month [ ] Year [] Other ti N [] Yes [] No [] Don't *C. Are there any pending special assessments? know [] Yes [] No [] Don't *D. Are there any shared "common areas" or any know joint maintenance agreements (facilities such as walls, fences, landscaping, pools, tennis courts, walkways, or other areas co-owned in undivided interest with others)? 9. OTHER FACTS [ ] Yes [] No Don't 1 *A. Are there any disagreements, disputes, know encroachments, or legal actions concerning the property? [ ] Yes [ ] NoDon't *B. Does the property have any plants or wildlife Akn that are designated as species of concern, or listed as threatened or endangered by the government? [] Yes [ ] No Don't *C. Is the property classified or designated as forest now land or open space? Page 6 of 8 RCW 64.06.015 []Yes No [] Don't D. Do you have a forest management plan? If yes, know attach. []Yes V No [] Don't *E. Have any development-related permit know applications been submitted to any government agencies? If the answer to E is"yes,"what is the status or outcome of those applications? []Yes j] No Don't F. Is the property located within a city, county, or 6ow district or within a department of natural resources fire protection zone that provides fire protection services? 10. FULL DISCLOSURE BY SELLERS A Other conditions or defects: [] Yes [] No Don't "Are there any other existing material defects now affecting the property that a prospective buyer should know about? B.Verification: The foregoing answers and attached explanations (if any)are complete and correct to the best of my/our knowledge and Itwe have received a copy hereof. Itwe authorize all of my/our real estate licensees, if any, to i r copy of this disclosure statement to o r r to licensees and all prospective bu rs o ro erty. DATE SELLER 2/25115 SELLER `�-.•" � C Page 7 of 8 RCW 64.06.015 NOTICE TO BUYER INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS. II. BUYER'S ACKNOWLEDGMENT A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to any material defects that are known to Buyer or can be known to Buyer by utilizing diligent attention and observation. B. The disclosures set forth in this statement and in any amendments to this statement are made only by the Seller and not by any real estate licensee or other party. C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees are not liable for inaccurate information provided by Seller, except to the extent that real estate licensees know of such inaccurate information. D. This information is for disclosure only and is not intended to be a part of the written agreement between the Buyer and Seller. E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion of this disclosure statement below) has received a copy of this Disclosure Statement (including attachments, if any) bearing Seller's signature. DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT. BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. DATE BUYER BUYER Page 8 of 8 RCW 64.06.015 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No. 5271 granting Study Session Date: March 11, 2015 the Cascade Natural Gas Franchise COUNCIL MEETING Date: March 18, 2015 Agreement Department: City Attorney's Office Presenter: Roger Lubovich Phone: 473-2335 SUMMARY: The current franchise agreement with Cascade Natural Gas expires this year. The proposed ordinance renews the franchise with a new franchise agreement with Cascade Natural Gas for a period of ten (10) years. ATTACHMENTS: Ordinance No. 5271 FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: N No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5271 granting the Cascade Natural Gas Franchise Agreement COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5271 AN ORDINANCE granting Cascade Natural Gas Corporation, a Washington corporation, its successors and assigns, the right, privilege, authority and franchise to set, erect, lay, construct, extend, support, attach, connect, maintain, repair, replace, enlarge, operate and use facilities in, upon, over, under, along, across and through the franchise area to provide for the transmission, distribution and sale of natural gas. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. DEFINITIONS. 1.1 Where used in this Franchise (the "Franchise") the following terms shall mean: 1.1.1 "Cascade" means Cascade Natural Gas Corporation, a Washington corporation, and such successors and assigns as are approved by the City pursuant to this Franchise Ordinance. 1.1.2 "City" means the City of Bremerton, a municipal corporation of the State of Washington, and its respective successors and assigns. 1.1.3 "Facilities" means a system of mains, pipes, and the necessary attachments and appurtenances for the storage, conveyance, distribution and sale of gas, whether the same be located over or under ground. 1.1.4 "Franchise" means the grant of rights, privileges, authority, terms, and conditions embodied in this Ordinance. 1.1.5 "Franchise Area" means any, every and all right-of-way for public roads, streets, avenues, alleys, highways and other roadways dedicated as a public right-of- way of the City as now laid out, platted, dedicated or improved or that may hereafter be laid out, platted, dedicated or improved within the present limits of the City and as such limits may be hereafter extended. For the purpose of this definition, right-of-way includes property owned by the City in fee that is dedicated as a right-of-way and used for public roads and other public ways of the City. "Franchise area" does not, however, include any other public property owned in whole or in part, leased or otherwise occupied by the City. 1.1.6 "Ordinance" means this Ordinance which sets forth the terms and conditions of this Franchise. 1 Cascade Natural Gas Franchise SECTION 2. FRANCHISE AND ORDINANCE NOT TO CONFLICT WITH TARIFFS. 2.1 This Franchise is subject to the provisions of any applicable tariff now or hereafter on file with the Washington Utilities and Transportation Commission or its successor, as construed by any court with jurisdiction on appeal or otherwise. In the event of any conflict or inconsistency between the provisions of this Franchise and such tariff,the provisions of such tariff shall control. 2.2 All notices of proposed applicable tariff adjustments, changes, alterations, and additions filed with the Washington Utilities and Transportation Commission by Cascade shall be mailed concurrently to the City of Bremerton, to the attention of the Director of Public Works and Utilities. SECTION 3. FRANCHISE GRANTED - FACILITIES. 3.1 Pursuant and subject to the City Charter, the City does hereby grant to Cascade the right, privilege, authority and Franchise to: 3.1.1 Set, lay, construct, support, attach, connect, maintain, repair, replace, enlarge, operate and use Facilities in, upon, over, under, along, across and through the Franchise Area for purposes of a system of mains, pipes, necessary attachments and appurtenances for the purpose of storage conveyance, distribution and sale of gas for light, fuel, power, heat and other purposes for which gas can be used. 3.1.2 To charge and collect tolls, rates and compensation for such energy and such uses. 3.2 Existing facilities installed or maintained by Cascade on public grounds and places as of the effective date of this Franchise which are not within the Franchise Area as defined by this Franchise may be maintained, repaired and operated by Cascade for the term of this Franchise; provided,however, that no such Facilities may be enlarged, improved or expanded without prior review and written approval by the City pursuant to applicable ordinances, codes, resolutions, standards and procedures. 3.3 This Franchise does not allow Cascade or any third party the right to use the Franchise Area for any purpose other than the transmission, distribution and sale of gas, or to install any facilities in the Franchise Area other than the Facilities described herein. 3.4 Cascade shall comply with all applicable federal, state and local laws (including, but not limited to, the lawful exercise of the City's general police powers) in connection with the exercise of its rights under this Franchise. Notwithstanding the foregoing, this Franchise shall supersede, govern and control any ordinance, rule, plan, policy, resolution, regulation or other directive of the City to the extent any such ordinance, rule, plan, policy, resolution, regulation or other directive conflicts with, or is inconsistent with,the terms and conditions of this Franchise. 3.5 Cascade's Facilities shall be maintained within the Franchise Area so as not to 2 Cascade Natural Gas Franchise unreasonably interfere with the use of the Franchise Area by the City and by the general public and in accordance with the laws of the State of Washington and the City of Bremerton. 3.6 Cascade shall obtain all necessary permits and approvals and shall comply with all applicable City ordinances, fees, codes, resolutions, standards and procedures, as now or hereafter amended, to the same extent as any other person or entity doing business within the City, except as otherwise provided by this Franchise. SECTION 4. RESTORATION OF FRANCHISE AREA. 4.1 When Cascade or any person acting on its behalf, does any work in or affecting the Franchise Area or does any work authorized by the City affecting other rights-of way or City property ("City Property") in conjunction with work in the Franchise Area, it shall, at its own expense, promptly remove any obstructions therefrom and restore, to the City's reasonable satisfaction, such Franchise Area or City Property to as good or better condition as existed before the work was undertaken, unless otherwise directed by the City. Recorded survey monuments which have been destroyed or disturbed shall be restored in accordance with applicable ordinances or laws. 4.2 If weather or other conditions do not permit the complete restoration required by this section, Cascade shall temporarily restore the Franchise Area or City Property. Such temporary restoration shall be at Cascade's sole expense and Cascade shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. 4.3 Cascade or other persons acting in its behalf within the Franchise Area or City Property shall use suitable barricades, flags, flag persons, lights, flares, and other measures as required by applicable law for the safety of all pedestrians, motorists, or other members of the general public. 4.4 The City Director of Public Works and Utilities, or designee, shall be responsible for inspection and final approval of the condition of the Franchise Area or City Property following any construction and restoration activities therein, according to City engineering standards. 4.5 Except in the case of emergencies, as determined by the City, cutting of pavement shall be prohibited in a newly constructed, reconstructed or resurfaced street for a period of five (5)years from the paving of such street when Cascade was given reasonable prior notice of such construction, reconstruction, or resurfacing activity. Provided, however,the Director of Public Works and Utilities, or designee, may in his or her discretion permit pot-holing(subject to conditions to alleviate the harmful effects) where conduit is to be placed underground by means of directional boring and the person seeking permission has provided evidence satisfactory to the Director of Public Works and Utilities, or designee,that (a) such pot-holing is necessary to avoid interference with existing utilities; (b) such pot-holing is the only reasonable alternative available to locate existing utilities and (c) such pot-holing will result in little or no visual or other detrimental impact to the street. 3 Cascade Natural Gas Franchise 4.6 Any and all property in the Franchise Area that is disturbed or damaged during the construction, operation, repair or removal of any Cascade facility shall be promptly repaired by Cascade. The property must be restored to the satisfaction of the City and to a condition as good as or better than it existed before the disturbance or damage occurred. SECTION S. RELOCATION OF FACILITIES. 5.1 Whenever the City causes a public right of way improvement to be undertaken within the Franchise Area, and such public right of way improvement requires the relocation of Cascade's then existing Facilities within the Franchise Area(for purposes other than those described in paragraph 5.2 below), the City shall: 5.1.1 Provide Cascade, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and 5.1.2 Provide Cascade with reasonable plans and specifications for such public right of way improvement. After receipt of such notice and such plans and specifications, Cascade shall relocate such Facilities within the Franchise Area at no charge to the City. if the City requires the subsequent relocation of any Facilities within five (5)years from the date of relocation of such Facilities pursuant to this Section 5.1,the City shall bear the entire cost of such subsequent relocation. As used in this Section 5, the term"public right of way improvement" is a City-funded or sponsored capital project or major maintenance project. 5.2 Whenever(i) any public or private development within the Franchise Area, other than a public right of way improvement, requires the relocation of Cascade's Facilities within the Franchise Area to accommodate such development; or(ii)the City requires the relocation of Cascade's Facilities within the Franchise Area for the benefit of any person or entity other than the City, then in such event, Cascade shall have the right as a condition of such relocation, to require such developer, person or entity to make payment to Cascade, at a time and upon terms acceptable to Cascade, for any and all costs and expenses incurred by Cascade in the relocation of Cascade's Facilities. 5.3 Any condition or requirement imposed by the City upon any third party (including, without limitation, any condition or requirement imposed pursuant to any contract or in conjunction with approvals or permits for zoning, land use, construction or development) which necessitates the relocation of Cascade's Facilities within the Franchise Area shall be a condition or requirement causing relocation of Cascade's Facilities to occur subject to the provisions of Subsection 5.2 above; provided, however: If the City reasonably determines, and notifies Cascade in writing of such determination,that the primary purpose of imposing such condition or requirement upon such person or entity is to cause, on the City's behalf, a public capital improvement within the Franchise Area, then relocation will be pursuant to Section 5.1 above. 4 Cascade Natural Gas Franchise 5.4 Nothing in this Section 5 "Relocation of Facilities" shall require Cascade to bear any cost or expense in connection with the location or relocation of any Facilities then existing under benefit of easement or such other private property rights. SECTION 6. INDEMNIFICATION AND INSURANCE. 6.1 Indemnification 6.1.1 Cascade shall defend, indemnify, and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, demands, injuries, damages, losses or suits, including all legal costs and attorney fees, made against it on account of injury or damage to the person or property of another, to the extent such injury or damage results, or is alleged to result, from the negligent or intentional acts or omissions of Cascade, its officers, officials, employees, agents and volunteers, in connection with the exercise of the rights granted to Cascade in this Franchise, including, but not limited to, the construction, inspection, maintenance, or operation of Cascade Facilities, or the placement or location of its Facilities in the Franchise Area. In the event any such claim or demand is presented to or filed with the City, the City shall promptly notify Cascade thereof. The City shall have the right at all times to participate through its own attorney in any suit or action which arises out of any right, privilege or authority granted by or exercised pursuant to this Franchise when the City determines that such participation is required to protect the interests of the City or the public. The cost of such additional City participation shall be borne by the City. Cascade's obligation to indemnify the City shall not apply to any claim, demand, injury, loss or suit that is caused by or arises out of the sole negligence of the City, its officers, officials, employees, agents and volunteers. 6.1.2 Inspection or acceptance by the City of any work performed pursuant to this Franchise in the Franchise Area by Cascade, its agents, servants, contractors, officers, or employees, during or at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. 6.1.3 In the event that Cascade refuses a tender of defense under Subsection 6.1.1 above, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of the Cascade,then Cascade shall pay the City's reasonable attorneys' fees incurred in connection with the wrongful refusal of such tender(in addition to, and without limitation of, such other costs and expense as are determined by such court or tribunal as being within the scope of Subsection 6.1.1). 6.1.4 As to claims made pursuant to Section 6, such claims shall survive the expiration or termination of this Franchise. 6.1.5 The City shall not be liable to Cascade for any damage to or loss caused by the City of any Cascade Facilities within the Franchise Area or any facilities of any other entity authorized to be placed upon City property or within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavating, grading, 5 Cascade Natural Gas Franchise filling, or other City work except to the extent such loss is attributable to intentional, or malicious, acts or omissions of the City. 6.2 Insurance 6.2.1 Cascade shall maintain for the duration of this Franchise, insurance or self insurance against claims for injuries to persons or damage to property that may arise from or in connection with the exercise of Franchise rights by Cascade, its agents, representatives, employees, contractors or volunteers. Cascade shall provide and keep current a certificate of insurance evidencing: A. Automobile Liability insurance with limits no less than $2,000,000 Combined Single Limit per occurrence for bodily injury and property damage; and B. Commercial general liability insurance with limits no less than $2,000,000 combined single limit and $4,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include blanket contractual, products/completed operations, broad form property damage, and explosion, collapse and underground (XCU). The City, its officials, employees, agents and volunteers, shall be named as an additional insured, as respects work performed by or on behalf of Cascade, and a copy of the endorsement naming the City as additional insured shall be attached to the certificate of insurance. Cascade's insurance shall be primary and non-contributory insurance as respects the City, and the City shall be given 30 calendar days prior written notice of any cancellation, suspension or material change in coverage. SECTION 7. REVOCATION OF FRANCHISE. 7.1 This Franchise may be revoked and all rights therein forfeited by the City if Cascade shall fail to comply with the terms and conditions of this Franchise. Without limiting the generality of the foregoing, the City may initiate a proceeding to revoke this Franchise if it believes that any one or more of the following actions by Cascade constitute a breach of this Franchise: 7.1.1 Construction or operation of Facilities in the Franchise Area without a Franchise, in a manner that is inconsistent with this Franchise; 7.1.2 Construction or operation of Facilities in the Franchise Area at an unauthorized location within the Franchise Area so as to be inconsistent with this Franchise; 7.1.3 Unauthorized assignment of this Franchise by Cascade, in a manner that is inconsistent with this Franchise; 7.1.4 Material misrepresentation of fact by or on behalf of Cascade upon which the City relies in making a decision to grant, review or amend this Franchise; 6 Cascade Natural Gas Franchise 7.1.5 Abandonment of Facilities in the Franchise Area, in a manner that is inconsistent with this Franchise; 7.1.6 Failure to relocate Facilities in accordance with this Franchise; or 7.1.7 Violation of any other material provision of this Franchise. 7.2 In the event that the City believes that grounds exist for revocation of the Franchise, Cascade shall be given written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing Cascade a reasonable period of time not exceeding thirty (30) days to furnish evidence: 7.2.1 That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; or 7.2.2 That rebuts the alleged violation or noncompliance; 7.3 In the event that Cascade fails to provide evidence reasonably satisfactory to the City as provided in Subsection 7.2 above, the City shall refer the apparent violation or non- compliance to the City Council. The City Council shall provide Cascade with notice and a reasonable opportunity to be heard concerning the matter. 7.4 If the City Council determines that Cascade willfully violated or failed to comply with the terms and conditions of this Franchise through willful misconduct or gross negligence or failed to heed or comply with any notice given Cascade by the City under the provisions of this Franchise, then upon order of the City Council, this Franchise may be revoked and all rights therein forfeited. 7.5 The foregoing provisions of Subsections 7.1 through 7.4 (pertaining to certain remedies afforded the City in the event of a breach of this Franchise by Cascade) are in addition to, and not a limitation of, any and all right and remedies afforded a party in the event of a default by the other party. Without limiting the generality of the foregoing, if a party shall be in default of its obligations under this Franchise, the other party may secure an order of specific enforcement of the defaulting party's obligations under this Franchise from the Superior Court. SECTION 8. NONEXCLUSIVE FRANCHISE. 8.1 This Franchise is not and shall not be deemed to be an exclusive Franchise. This Franchise shall not in any manner prohibit the City from granting other and further Franchises over, upon, and along the Franchise Area which do not interfere with Cascade's rights under this Franchise. This Franchise shall not prohibit or prevent the City from using the Franchise Area or affect the jurisdiction of the City over the same or any part thereof. 7 Cascade Natural Gas Franchise SECTION 9. FRANCHISE TERM. 9.1 This Franchise is and shall remain in full force and effect for a period of ten (10) years from and after the effective date of the Ordinance, provided, however, Cascade shall have no rights under this Franchise nor shall Cascade be bound by the terms and conditions of this Franchise unless Cascade shall, within sixty (60) days after the effective date of the Ordinance, file with the City its written acceptance of the Ordinance. SECTION 10. ASSIGNMENT. 10.1 This Franchise may not, directly or indirectly, be transferred, assigned or disposed of in any manner by Cascade except as provided by RCW 80.12.020 (collectively, "Assignment") 10.2 Without limiting the generality of the foregoing and to the extent consistent with applicable law, an assignment, in whole or in part, shall be subject to the City's prior written consent, which shall not be unreasonably withheld. Notwithstanding the foregoing, the City hereby consents to Cascade's mortgage of this Franchise to the trustee for its bondholders. SECTION 11. HERBICIDES. 11.1 Cascade shall not apply any herbicide within the Franchise Area without providing the Director of the City Department of Public Works and Utilities fourteen(14) days prior written notice of such application, unless the parties agree to a different term, or the City gives a blanket approval as part of a periodic program of spraying. Cascade shall post the relevant portion of the Franchise Area at least 8 days prior to any spraying with notice of intended spraying. Nothing herein is intended or shall be construed to relieve Cascade of any and all other requirements of applicable law relating to the application of herbicides. SECTION 12. RECORDS OF INSTALLATION. 12.1. Cascade shall provide the City with records of all Cascade facilities within the Franchise area in a standard geographic information system (GIS) format. All updates of the GIS shall be submitted to the City Public Works and Utilities Department by the first day of March each year. 12.2 Cascade shall provide the City, upon the City's reasonable request, copies of available as-built drawings in use by Cascade showing the location of its Facilities within the Franchise Area. As to any such drawings so provided, Cascade does not warrant the accuracy thereof and, to the extent the location of Facilities are shown, such Facilities are shown in their approximate location. With respect to any excavations within the Franchise Area undertaken by or on behalf of Cascade or the City, nothing herein is intended (nor shall be construed)to relieve either party of their respective obligations arising under applicable law with respect to determining the location of utility facilities. 8 Cascade Natural Gas Franchise SECTION 13. FRANCHISE FEE. 13.1 The parties understand that the restrictions of RCW 35.21.860 forbid the imposition of a Franchise fee. If at any time the restrictions of this statute should be removed or modified, the City may seek to amend this Franchise in accordance with Subsection 18.2 below. SECTION 14. CHARGE FOR ADMINISTRATIVE COSTS. 14.1 As provided in RCW 35.21.860, the City may recover from Cascade actual administrative expenses incurred by the City that are directly related to: (i) receiving and approving a permit, license or this Franchise, (ii) inspecting plans and construction, or(iii) preparing a detailed statement pursuant to Chapter 43.21C RCW. SECTION 15. RIGHTS GRANTED. 15.1 No authorization granted under this Ordinance shall convey any right, title or interest in the public ways, but shall be deemed an authorization only to use and occupy the public ways in accordance with RCW 80.32.010. Further, this Ordinance shall not be construed as any warranty of title. SECTION 16. REPAIR AND EMERGENCY WORK. 16.1 In the event of an unexpected repair or emergency within the Franchise Area for which a permit has not been obtained in accordance with Bremerton Municipal Code (BMC) as now or hereafter amended and which such work is not otherwise within the scope of the exemption authorized by the BMC, Cascade may commence such repair and emergency response work as required under the circumstances, provided Cascade shall notify the City as promptly as possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. The provisions of this section does not relieve Cascade from the requirement to obtain permits and approvals from the City and all other agencies with jurisdiction. SECTION 17. MAINTENANCE OF FACILITIES. 17.1 Cascade shall maintain its Facilities within the Franchise Area in a manner that complies with all applicable federal, state and local requirements. Additionally, Cascade shall provide reasonable maintenance of Cascade Facilities,to prevent deterioration of equipment and service and provide prompt customer response to both the City and the public with respect to deficiencies or failure of Facilities in providing such service. SECTION 18. MISCELLANEOUS. 18.1 If any term, provision, condition or portion of this Franchise shall be held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Franchise which shall continue in full force and effect. The headings of sections and paragraphs of this Franchise are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. 9 Cascade Natural Gas Franchise 18.2 Except as provided in this Subsection18.2, this Franchise may be amended only by written instrument, signed by both parties, which specifically states that it is an amendment to this Franchise and is approved and executed in accordance with the laws of the State of Washington. Without limiting the generality of the foregoing, this Franchise (including, without limitation, Section 6.1 above) shall govern and supersede and shall not be changed, modified, deleted, added to, supplemented or otherwise amended by any permit, approval, license, agreement or other document required by or obtained from the City in conjunction with the exercise (or failure to exercise)by Cascade of any and all rights,benefits, privileges, obligations or duties in and under this Franchise, unless such permit, approval, license, agreement or other document specifically: 18.2.1 References this Franchise; and 18.2.2 States that it supersedes this Franchise to the extent it contains terms and conditions which change, modify, delete, add to, supplement or otherwise amend the terms and conditions of this Franchise. In the event of any conflict or inconsistency between the provisions of this Franchise and the provisions of any such permit, approval, license, agreement or other document, the provisions of this Franchise shall control. SECTION 19. PRIOR FRANCHISE SUPERCEDED. 19.1 This Franchise shall supercede all prior Franchises granted to Cascade or its predecessors by the City. SECTION20. SEVERABILITY. 20.1 If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 21. EFFECTIVE DATE. 21.1 This ordinance shall take effect and be in force ten(10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2015 GREG WHEELER, Council President 10 Cascade Natural Gas Franchise Approved this day of 92015 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 92015 EFFECTIVE the day of 92015 ORDINANCE NO. R:U.egal\Legal\Files\Current Active Filcs\Franchiscs\Cascade Natural Gas\Cascade Natural Gas3 2015-Final doc I Cascade Natural Gas Franchise CITY COUNCIL CITY OF BREMERTON, WASHINGTON In the matter of the application of Cascade Natural Gas Corporation, : Franchise Ordinance No. a Washington corporation, for a Franchise to construct, operate and maintain facilities in, upon, over under, along, across and through the Franchise area of the ACCEPTANCE City of Bremerton, Washington WHEREAS, the City Council of the City of Bremerton, Washington, has granted a Franchise to Cascade Natural Gas Corporation, a Washington corporation, its successors and assigns, by enacting Ordinance No. , bearing the date of , 2015; and WHEREAS, a copy of said Ordinance granting said Franchise was received by the Cascade Natural Gas Corporation on , 2015, from said City of Bremerton, Kitsap County, Washington. NOW, THEREFORE, Cascade Natural Gas Corporation, a Washington corporation, for itself, its successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof, and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington. IN TESTIMONY WHEREOF said Cascade Natural Gas Corporation has caused this written Acceptance to be executed in its name by its undersigned thereunto duly authorized on this day of 52015. ATTEST: CASCADE NATURAL GAS CORPORATION By: Eric Martuscelli, Vice President- Operations Copy received for City of Bremerton on , 2015 By: Shannon Corin, City Clerk 12 Cascade Natural Gas Franchise AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Collective Bargaining Study Session Date: N/A Agreement Between the City of Bremerton COUNCIL MEETING Date: 03/18/15 and Teamsters Local 589 Department: Legal/HR Presenter: Charlotte Belmore Phone: (360) 473-5926 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters Local 589 resulting in the attached Memorandum of Understanding (MOU) covering wages and insurance benefits for 2015. The MOU has been ratified by the Teamsters membership. ATTACHMENTS: Memorandum of Understanding and Appendix A of the Teamster's Collective Bargaining Agreement. FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact of approving the attached Memorandum of Understanding is estimated to be $271,165. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: x❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the MOU between the City of Bremerton and the Teamsters Local 589 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 Form Updated 01/07/15 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is agreed upon pursuant to the Labor Management Article of the Collective Bargaining Agreement (CBA) between the City of Bremerton (City) and the Teamsters Local 589 (Union). The Collective Bargaining Agreement covers the period of January 1, 2015 through December 31, 2015. However,the City and the Union agree to the following: • Effective the January 1, 2015 a general wage adjustment of 2.5%. • Article 14—Remove language related to premium cost sharing for 2012 and 2013. Remove language regarding KPS Health Plans and replace with City of Bremerton Self-Funded Plan. • Article 14.2.4—Remove the following language: The City and the Union agree to re-open negotiations for Article 14 pursuant to the attached MOU for calendar year 2015. • Article 14.4.1 - Revise to read as follows: The Union shall work with the Insurance Benefits Committee to evaluate the current insurance benefit plans on a quarterly basis and monitor the reserve amounts to ensure they are properly maintained. • Article 5.7.1.2—Revise to read as follows: Type of Compensation-The employee shall receive pay as provided above for all standby duty. Employees may accrue compensatory time for stand-by duty. The maximum allowed accrual of compensatory time shall be forty(40) hours(which includes compensatory time accrued under Article 7.2) all standby pay and overtime in excess of the maximum shall be paid at the applicable rate. This agreement is entered into on the day of . 2015 Mark Fuller, Representative Mayor Patty Lent Teamsters Local 589 APPENDIX A TEAMSTERS 2015 2.5%General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year: 2088 Step A-Stop B-Step C-Stop D-Step E Steo F Step G iGrade 4 Annual 34,306 35,204 ; 36,060 37,041 38,043 39,0461 40,069 j 'Parks Laborer ;Monthly 2,859 2,934 3,005 1 3,087 3,170 3,254 i 3,339 Semi-Month_lyi 1,430 1,467 1,503 1,544 � 1,585 1,627 II 1,670 I Hour) 16A3 16.86 ! 17.27 ; -17.74 ; 18.22 . 18.70 19.19 OT Hourly - _24.65 25.29 25.91 ' 26.61 27.33 28.05 28.79 Base+1% 16_59 17.03 17.4417.92 18._40 18.89 _19.38 Base+2% 1 16.76 17.20 17.62 18.09 18.58 19.07 19.57 e _ !Base+3% 16.92 17.37 17.79 18.27 18._77 _ 19.26 _19.77 -- - - 1Base+4% 17.09 i 17.53 17.96 18.45 18.95_ 19.45 -19.96 !Grade 5 'Annual-� 36,060 37,041 38,043 39,046 40,069 41,092 42,240 ;Office Assistant l ;Monthly 3,005 3,087 3,170 3,254 3,339 3,424 3,520 1 Semi-Monthly) 1,503 1,544 1,685T 1,627 1,670 11712 1,760 17.27_} _ 17.74 ; 18.22 i -18.0 19.19 !-_19.68 , 20.23 OT Hourly _ 25.91 26.61�- 27.33 F 28.05 28.79 29.52 30.35 Longevity_----_-- _- Base+1% 17.44 17.92 18.40 18.89 19.38 19.88 20.43 Base+2% 17.62 1 18.09 18.58 19.07 19.57 2007. 20.63 Base+3% 1_7.79 _18.27 18.77 19.26 19.77 20.27 _20.84 r-- ----- -- --- - ----- Base+4% 17.96 18.45 18.95 19.45 19.96 20.47 21.04 Grade 6 Annual 38,043 39,046 40,069 41,092 42,240_ 43,347 44,537 I !Office Assistant 11 Monthly i 3,170 3,254 3,339 3,424 3,520 3,612 Office As ._.._t 1 ,--- --3,2 -3,339 --3 424 3, -- � 1 Semi-Monthly -1,585 , 1627 1,670 1,712 1,760 1, 6 806 .85 --_-_ -_ -Hourly 18.22 ' 18.70 19.191 19.68 ; 20.23 ; 20.76 I 21.33. ,19T Hourly _2_7.33 28.05 28.79 29.5_2 3_0.35 _3_1.1_4 _~32.09 �- +Lon evi !Base+1% 18.40 18.89 19.38 I 19.88 20.43 20.97 21.54 ' -9---ty---------i ° - ---- - - -- -- - - - -- --- - - r ;Base+2% 18.56 19.07 19.57 20.07 20.63 21.18 21.76 Base+3% 18.77 i -19.26 19.77 20.27 20.84 i 21.38 21.97 Base+4% 18.95 19.45 19.96 20.47 21.04 21.59 22.18 0 Grade 7 Annual-40,069 41,092 ' 42 240 43,3 7 44,537 45,685 46,896 CustomerServiceRepresentative- ;Monthly 3,339 3,424 3,520 3,612 3,711 3,807 3,908 ;Evidence Property Control Specialist Semi-Monthly; 1,670 1,712-1,760 1,806 1,856 1,904 1,954 ;Office Assistant IIIourly_ 1919. _ 19.68 20.23.; • 20.76 ; _21.33 21.88 •• 22.46 ' ;Police Records Specialist I - OT Hourly 28.79 29.52 t-_30.35 31.14 32.00 32.82 33.69 TBase+1% -19.38 . 19.88 20.43 20.97 -21.54 22.10 22.68 Base+2% _19.57 20.07 2_0.63 21.18 21.76_;_22.32 2_2.91 i -- ------ . ase B +3% !--1917-7 20.27 20.84 21.38 21.97 C 22.54 23.131 - - -- ------ ----- -- -- Base+4% 19.96 20.47 21.04 21.59 22.18�- 22.76 1 23.36 (Grade 8 ;Annual 42,240 !_43,347 44,537 45,685 46,896 ' 48,212 49,506 - _ 4- T -- - Accounting Assistant -----_Monthly_ 3,520 3,612 3,711 3,807 3,908 4,018 4,126 ':Automotive Tech Assistant Semi-Monthly' 1,760 1,806 1,856 1,904 1 1,954 , 2,009 ! 2,063 ;Human Resource Assistant Hourly. _ - 20.23 . 20.76 ; _ 21.33 21.88 : 22.46 ,23;09 ; 23.71 - - ---- -- -------------.--.--. - Lead Evidence Property Contr_Spec_ !OT Hourly-T 30.35 31.14 32.00 1 32.82 _33.69 34.64 35.57 Legal Technician Base+1% 20.43 _20.9.7 21.5422.10 22.68 23.32 23.95 Office Assistant Senior Base+2% I 20.63 I-21.181 21.76 22.321 22.91 23.55 24.18 ;Recreation Program Coordinator I- Base+3% _2_0.84 21.38 I 21.97 1 22.54 23.1_3 __23.78 _ 24.42 ;Base+4% 21.04 -21.59 22.18 22.76 23.36 24.01 -24.66 J APPENDIX A TEAMSTERS 2015 2.5%General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year: 2088 Steo A Step B Step C Step D Step E Step F Stea G Grade 9 !Annual 44,537 ' 45,685 46,896 48,212 49,506 - 50,801 52,263 ',Accounting Assistant III Monthly 3,711 3,807 3,908 4,018 4,126 4,233 4,355 !Police Records Specialist II- _ 'Semi-Monthly;- 1,856 1,904 1,954 2,009 2,063 I 2,117 2,178 ;Water Resources Assistant Hourly 21.33 21.88 " 22 46, , 23.09• 23.71 . 24.33 ; 25.03 -_-_- .OT Hourly- 1_32.00 32.82 33.69 34.64 35.57 36.50 37.55 , Base+1% 21.54 22.10 22.68 23.32 23.951 24.57 25.28 Base+2%; 21.76 22.32 22.91 23.55 24,18 - 24.82 -25_53 Base+3% 21.97 22.54 ' 23.13 23.78 24.42 25.06 25.78 Base+4% 22.18 22.76 23.36 24.01 24.66 25.30 26.03 Grade 10 �- -- -•IAnnual 46,896 48,212406 9_5 C 50,801 52,263 53,745 55,165 jAccour4inq Assistant Senior IMonthly_ 3,908 4,018 _-4,126 4,233 _4,355 _4,479 4,597 :OfficeAssistantSeniorSpecialisIt !Semi-Monthlvl 1,954 2,009 _2,063 2,1171 2,178 1 2,240 2,299 Parks Service Specialist Hourly- 22.46 23.09 . 23.71 24.33 25.03 i 25.74 26.42 ;Payroll Specialist OT Hourly_- 33.6934.64 35.57 36.50 37.55 38.61 39.63 Project Assistant Base+1% 22.68 23.32 23.95 24.57 25.281 26.00 26.68 •---- ject - ista.-.--- - -- ---- -- - 2 2 - Web Support Specialist - - _-'Base+2% 22.91 23.55 24.18 24.82 25.53 26.25 26.95 1 WWA P Maintenance Tech Trainee !Base+3% _ 2_3.13 23_78 -24.42 1 25:06 25.78 _26.51 27.21 --- --�- - --Base+4% 23.36 24.01 24.66 - 25.30 26.03 26.77 27.481 FGrade 11 -Annual 49,506 50,801 52,263 53,745 55,165 --- -56,773-i 29 58 297 ' -- -- .....L ..--- --- - -- --- - ;Building&Development Specialist I Monthly- 4,126 4,233 4,35_5 4,479 4,597 4,731 4,858 iEngineering Technician II - _ Semi-Monthly, 2,063 2,117 2,178 _2,240 2,299 2,366 2,429 !Permit Technician Hourly. 23.71 ' 24.33 1 25.03 ; 25.74 L ,26.42 27.19 ' 27.92 iRecreation ProgramCoordinatorll iOT Hourly_ 35.57`-36.50 37.55 38.61 39.63 40.79 41.88 - --------- ;Sign Shop Service Specialist Base+1% 23.95 24.57 25.28 26.00 _26.68 _-27.46 28.20 Street Service Specialist Base+2% 24.18 24.82 25.53 26.25 ! 26.95 27.73 28.48 :Utilities Service Specialist !Base+3% 1 24.42 25.06 25.78 _26.51 27.21 28.01 28.76 ;Water Operator --_- -!Base 24.66 25.30 26.03 26.77 27.48 28.28 29.04 WWTP Operator Trainee (Grade 12 -_ - Annual_ _ 52_,263 53,74_5 _55,165 ' 5_6,773 58,297 5.9,821 i_ 61,512 'Court Security Home Detention Spec. ;Monthly -� _4,355 4,479 4,597_ 4,731 4,858 4,985 5,126 ..._._._...-...__....__..�__.._....-- -- - - - - --- - ---- --- - --- -_ - Deputy City Clerk -lSemi-Monthly- 2,178 2,240 2,299 2,366 2,429 2,493 2,563 Forestry Service Specialist Senior JHourly - 25.03 !, 25.74 26.42 ' 27.19 : 27.92 ; 28.65 29.46 _Parks Service_Specialist Senior OT Hourly- -37.55 38.61 _39.63h-40.79 41.88 _42.98 44.19 --J-- ---.. __ _ 'Probation Officer Base+1% 25.28 26.00 26.68 1 27.46 ' 28.20 28.94 29.75 Recreation Program_Coordinator III- i Base+2% 25.53 _ 26.25 _26_95 _27.7 - 28.48 - 29.22 30.05 !Warrant Officer Base+3% 25.78 26.51 27.21 28.01 _ 28.76 _ 29.51 _30.3_4 WWTP Industrial Mechanic 1Base+4% 26.03 26.77 ; 27.48 28.28 29.04 29.80 30.64 Grade13 `�_- Annual-- 55,165 56,773 1 58,297 59,821 61,512 63,266 64,916 Automotive Equipment Technician ;Monthly 4 597 4,731 4,858 4,985 5,126 5,272 5,410 +Engineering Technician III--- Semi-Monthly; 2,299 2,366 2,429 2,493 ! 2,563 2,636 2,705 PC Technician Hourly _ _26.42 27.19 27.92 28.65 ; 29.46 ;' 30.30 31.09 Sign Shop Service Specialist Senior OT Hourly_h-39.63 -40:79 41_88 42.98 44.19 45.45 !- 46.6 Streets Service Specialist Senior-- i Base+1/o_ 26.68 27.46 28.20 28.94 29.75 30.60 31.40 Utilities Service Specialist Senior I Base+2% 26.95 27.73 28.48 ' 29.22 30.05 30.91 31.71 Water Operator Senior _ I Base+3% 27.21 _ 28.01 1 _28.76 29.51 30.34 31.21 �-32_02 WWTP Lab Technician Base+4% 27.48 28.28 29.04 29.80 1 -- -- 31.51 i 32.33 APPENDIX A TEAMSTERS 2015 2.5%General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year: 2088 __Step A--Step B-Step C Step D-Step E-Step F-Sten G Grade 14 {Annual 58,297 59,821 61,512 _ 6_3_,266 i 64,916 ' 66,712 68,653 - -- --- -� - - -I- _-- -- - - _ _..6 �I ,Grade 14 -g&Deveto ment S ecialist II Monthl 4,858 4,985 5,1_26 5,272 5,410 5,559 5,721 -------- P - ---p--- y-- -- -- -- - - -- --- -.. _._._. 'Community Resource Specialist __Semi-Monthly! 2,429 _ 2,493, 2,563 2,636 1 2,705 2,780 2,861 ;Legal Technician_Senior --_ __- Hourly ; 27.92 . 28.65. 29.46 30.30 31.09 ' 31.95 i 32.88 Planner I IOT Hourly _1_ 41.88 1 42 98 44.19 45.45 _ 46.64 47.93 49.32 ---L_..__� W WTP Operator I Base+1% 28.20 28.94 29.75 30.60 31.40 32.27 33.21 --- ---- _..._..._. _ --- - - - -- !Base+2% 28.48 29.22 30.05 30.91 31.71 32.59 33.54 i Base+3% 28.76 28.76 29.51 i _ 30.34 31.21 32.02 32.91 33.871 ----- -- -... -_ .- -...... - -'Base+4% -fi 29.04 29.80 , 30.64 31.51 32.33 33.23 34.20 [Grade 15 _. Annual 61,512 63,266 64,916 66,712 68,653 70,512 72,579 ri4pplication Support Analyst- - Monthly 5,126 5,272 5,410 ' 5,559 5,721 5,876 6,048 ;Assistant Network Administrator Semi-Monthly 2,563 2,636 2,705 2,780 2,861 2,938 3,024 !Customer Service/PC Technician JHoury 29.46 _ 30.30 . 31.09„ 31.95 . 32.88 ; 33.77 - 34.76 Electronics Technician �OT Hourly 44.19 45.45 46.641 47.93 49.32 50.66 52.14 I ;E gineering Technician IV 'Base+1% 29.75 30.60 31.40 32.27 33.21 34.111 35.11 ;Environmental Technician -Base+2% 30.05 30.91 31.71 32.59 33.54 34.45 ' 35.46 .Journey Level Electrician_-_--- ;Base+3%°_ - 30.34 31.21 32.02 -32;91 33_87 34.78 ; _35.80 Lead Automotive Equipment Tech. 'Base+4% 30.64 31.5132 33 33.23 34.20 35.12 36.15 ,Lead Facilities Service Specialist I � ;Lead PC Technician Lead Utilities Service Specialist Lead Water Operator !Parks Facilities Specialist 'Parks Lead Service Specialist Utilities Accounts Supervisor _ 1 LWWTP CMMS Technician -- _ ;WWTP Instrumentation&Control Spec_-_ T - ---- - ---- !WWTP Operator If-- ----- -�-- ; ,;rade 16 Annual -F 64,916 66,712+ 68,653 70,512 72,579 74,667 76,734 ;Building&Development Specialist III ;_Monthly - 5,410 5,559 ! 5,721 5,876 ' 6,048 6,222 6,395 --- iFCivilEn meert Semi-Monthl ' 2,705 2,780 2,861 2,938 j 3,024 3,111 3,198 g....- -- ---------- yam------------1-- ---- CodeEnforcement Officer_ _ Hourly_ 31.09 i _31.95 ' 32.88 i 33.77 34.76 `._ 35.76 36.75 'Cross Connection Control Specialist 'OTHourly 46.64 47.93 1 49.32 5066 52.14 53.64 55.13 Planner 11 Base+1% 31.40 32.2- 33.21 34.11 35.11 36.12 37.12 Base+2% 1 31.71 32.59 33.54 I 34.45 35.46 36.48 37.49 Base+3% 32.02 32.91 33.87 34.78 35.80 36.83 37.85 i Base+4% i 32.33 33.23 34.20 35.12 36.15 37.19 38.22 Grade 17 Annual ! 68,653 70,512 72,579 ' 74,667 1 76,734 78,885 81,0771 'Accountant/Financial Analyst- Monthly- 5,721 _5,876 6,048 6,2226,395 6,574 6,756 i_.._..._._..-_- -- --........._----- --i - -- '5,72 -- -6,57 ----- , Auto Equipment Technician Supvr. Semi-Monthly;-_2,861 2,938 3,024 3,111 3,198 3,287 3,378 -_-_.- Electronics Supervisorliourly�- _ 32.88 I 33.77 ' 34.76 ! 35.76 36.75 37.78 ; _38.83 Facilitiesen Invtory Supervisor OT Hourly 1-49.32 50.66 52.1 52.14 53.64 55.13 1 56.67 58.25 our -1 --- -- -- !Network Administrator Base+1% 33.21 1- 34.11 35.11 -36.12 37.12 ! 38.16 39.22 Parks Maintenance Supervisor Base+2% 33.54 34.45 ; 35.46 36.48 37.49 38.54 39.61 I --I_- -..- -- -- - --- -- Sewer/Storm Collection Supervisor-;Base+3% 1 33.87 34.78 35.80 36.83 1 37.85 38.91 39.9 Sign Shop Serv.Spec.Supervisor - 'Base+4% 34_20 35.12 36.15 3719 1 38.22 ' 39.29 i 40.38 ;Streets Service Spec_Supervisor - Utilities Service S ec.Supervisor ;Water Distribution Supervisor Water Resources Operations Su vr. *WTP Maintenance Supervisor -- - IWWTP Operations Supervisor- --+I - I_._-___-___ �-.-.-1�-- APPENDIX A TEAMSTERS 2015 2.5%General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year: 2088 Step A Step B Step C Step D Step E. Step F Step G Grade 18 Annual 72,579 74,667 76,734 78,885 81,077 83,353 85,608 'Civil Engineer II Monthly 6,048 6,222 6,395 6,574 6,756 6,946 7,134 'Engineering Technician Senior Semi-Monthly' 3,024 3,111 3,198 3,287 3,378 3,473 3,567 sForestry Service Spec.Supervisor Hourly 34.76 35.76 36.75 37.78 38.83 39.92 41.00 PT Hourly 52.14 53.64 55.13 56.67 58.25 59.88 61.50 Base+1% 35.11 36.12 37.12 38.16 39.22 40.32 41.41 Base+2% 35.46 36.48 3_7.49 38.54 39.61 40.72 41.82 Base+3% 35.80 36.83 37.85 38.91 39.99 41.12 42.23 Base+4% 36.15 37.19 38.22 39.29 40.38 41.52 42.64 Grade 19 Annual 76,734 78,885 81,077 83,353 85,608 87,821 90,014 Civil Engineer III Monthly 6,395 6,574 6,756 6,946 7,13_4 7,318 7,501 Semi-Monthly; 3,198 3,287 3,378 3,473 . 3,567 3,659 3,751 Hourly 36.75 37.78 38.83 39.92 41.00 42.06 43.11 OT Hourly 55.13 56.67 58.25 59.88 61.50 63.09 64.67 ,Base+1% 37.12 38.16 39.22 40.3_2 41.41 42.48 43.54 Base+2% 37.49 38.54 39.61 40.72 41.82 42.90 43.97 .Base+3% 37.85 38.91 39.99 41.12 42.23 43.32 44.40 Base+4% 38.22 39.29 40.38 41.52 42.64 43.74 44.83 AGENDA BILL (# 14 CITY OF BREMERTON CITY COUNCIL SUBJECT: Management and Professional Study Session Date: N/A Employees 2015 Salary Schedule COUNCIL MEETING Date: 03/18/15 Department: Legal/HR Presenter: Charlotte Belmore Phone: (360) 473-5926 SUMMARY: Per BMC 2.50.031, The City Council shall provide for adjustments to salary band levels as are consistent with the Council's CPI salary adjustment policy each year. This would include a 2.5% wage adjustment for Management & Professional Employees. ATTACHMENTS: 2015 Management, Professional, Confidential & Fiduciary Salary Plan FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact of approving the attached Salary Plan is estimated to be $122,072. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve a 2.5% wage adjustment for Management and Professional Employees effective January 1, 2015. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL& FIDUCIARY SALARY PLAN -2015 General Wage Adjustment 2.5%-Effective 1-1-15 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 23 CITYATTORNEY MONTH 10,098.16 10,609.36 10,874.62 11,146.48 11,425.12 11,710.76 12,003.62 12,30366 POLICE CHIEF SEMI-MONTH 5,049.08 5,304.68 5,437.31 5,573.24 5,712.56 5,855.38 6,001.81 6,151.83 ANNUAL 121,177.92 127,312.32 130,495.44 133,757.76 137,101.44 140,529.12 144,043.44 147,643.92 SEMI-MO DEF COMP 201.96 '212.19 217.49 -222.93 228.50 234.22 240.07 246.07 22 DIRECTOR OF FINANCIAL SERVICES MONTH 9,611.56 10,098.16 10,350.62 10,609.36 10,874.62 10,961 98 11,425.12 11,710.76 DIRECTOR OF PUBLIC WORKS&UTILITIES SEMI-MONTH 4,805.78 5,049.08 5,175.31 5,304.68 5,437.31 5,480.99 5,71256 5,855.38 FIRE CHIEF ANNUAL - -116,338.72- 121,177.92- 124,207.44 127,312.32 130,495.44 131,543.76 137,101.44 140,529.12 REDEVELOPMENT PROJECTS ADMINISTRATOR SEMI-MO DEF.COMP 192.23 201.96 207.01 212.19 - 217.49 219.24 228.50 234.22 21 DIRECTOR OF COMMUNITY DEVELOPMENT MONTH 9,148.46 9,61156 9,851.86 10,098.16 10,350.62 10,609.36 10,874.62 11,146.48 SEMI-MONTH 4,574.23 4,805.78 4,925.93 5,049.08 5,175.31 5,304.68 5,437.31 5,57324 ANNUAL - -- --- - 109,781.52 - 115,338.72 - 118,222.32 - 121,177.92- - 124,207.44 -- -127,312_32 - 130,496.44 13_3,7_57.76 SEMI-MO DEF COMP. 182.97 .192.23 197.04 201.96 207.01 212.19 217.49 222.93 20 ASSISTANT FIRE CHIEF MONTH 8,707.64 9,148.46 9,377.18 9.61156 9,851.86 10,098 16 10,350.62 10,609.36 CITY ENGINEER SEMI-MONTH 4,353.82 4,574.23 4,68859 4,805.78 4,92593 5,049.08 5,175.31 5,304.68 DIRECTOR OF PARKS&RECREATION ANNUAL 104,491.68 109,781.52 112,526.16 115,338.72 118,222.32 121,177.92 124,207.44 127,312.32 SEMI-MO DEF COMP 174.15 182.97 187.54 192.23 197.04 201.96 . 20T.01 '212A9 19 DEPUTY CITY ATTORNEY MONTH 8,288.04 8,707.64 8,925.34 9,148.46 9,377.18 9,611 56 9,851 86 10,098.16 SEMI-MONTH 4,144.02 4,35382 4,46267 4,574.23 4,68859 4,805.78 4,925.93 5,049.08 ANNUAL 99,456.48 104,491.68 107,104.08 109,781.52 112,526.16 115,338.72 118,222.32 121,177.92 SEMI-MO DEF COMP 165.76 174.15 178.51 182.97 . 187.54 192.23 197.04 201.96 18 MONTH 7,888.70 8,288.04 8,49526 8,707.64 8,925.34 9,148.46 9,377.18 9,611 56 SEMI-MONTH 3,94435 4,144.02 4,247.63 4,353.82 4,462.67 4,57423 4,68859 4,805.78 ANNUAL 94,664.40 99,456.48 101,943.12 104,491.68 107,104.08 109,781.52 112,526.16 115,338.72 SEMI-MO DEF COMP. 167.77 165.76 .169.91 174.15 178.51 182.97 187.54 192.23 17 ASSISTANT CITY ATTORNEY III MONTH 7,508.60 7,888.70 8,085.90 8,288.04 8,495.26 8,707.64 8,925.34 9,14846 CITY AUDITOR SEMI-MONTH 3,754.30 3,944.35 4,04295 4,144.02 4,24763 4,35382 4,462.67 4,574.23 ANNUAL 90,103.20 94,664.40 97,030.80 99,456.48 101,943.12 104,491.68 107,104.08 109,781.52 SEMI-MO DEF COMP. 150.17 157.77 161.72 165.76 169.91 174.15 178.51 182.97 16 ASST.COMMUNITY DEVELOPMENT DIRECTOR MONTH 7,146.80 7,508.60 7,696.28 7,888.70 8,085.90 8,28804 8,495.26 8,707.64 ASSISTANT FINANCE DIRECTOR SEMI-MONTH 3,573.40 3,754.30 3,848.14 3,944.35 4,042.95 4,144.02 4,247.63 4,353.82 FORESTRY MANAGER ANNUAL- - _ -- 85,761.60 90,103.20 - 92,355`36 94,664.40 97,030.80 -_ 99,456.48 101,943.12 104,491.68 INFORMATION SYSTEMS MANAGER SEMI-MO DEF.COMP 142.94_ 150.17 153-111 ,. -: _ 157_77_ _ 161.72 _165.76 _169.9.7 _ 17.4.1_5_ MANAGING ENGINEER PUBLIC WORKS OPERATIONS MANAGER RISK MANAGER UTILITY OPERATIONS MANAGER WASTEWATER MANAGER WATER RESOURCE MANAGER CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL& FIDUCIARY SALARY PLAN -2015 General Wage Adjustment 2.5%-Effective 1-1-15 15 COURT ADMINISTRATOR MONTH 6,802.42 7,146.79 7,325.48 7,508.60 7,696.28 7,888.70 8,085.90 8,28804 BUILDING OFFICIAL SEMI-MONTH 3,401.21 3,573.40 3,662.74 3,754.30 3,848.14 3,944.35 4,042.95 4,144.02 HUMAN RESOURCE MANAGER ANNUAL --- 81,629.04 - 85,761.50 - 87,905.76 90,103.20 92,365.36 94,664.40 97,030.80 99,456.48 PROJECT MANAGER SEMI-MO DEF COMP 136.05 142.94 146.51 160.17 163.93 157.77, 161.72 165.76 14 ASSISTANT FINANCE OFFICER MONTH 6,474.62 6,802.42 6,972.46 7,146.80 7,325.48 7,508.60 7,696.28 7,888.70 PUBLIC WORKS&UTILITY FINANCE MANAGER SEMI-MONTH 3,237.31 3,401.21 3,486.23 3,573.40 3,662.74 3,754.30 3,848.14 3,94435 ANNUAL 77,696.44 81,629.04 83,669.62 85,761.60 87,905.76 90,103.20 92,355.36 94,664.40 SEMI-11110 DEF COMP 129.49 136.05 - - 139.45 142.94 146.51 150.17 153.93 157.77 13 ASSISTANT CITY ATTORNEY 11 MONTH 6,162.62 6,47462 6,636.48 6,802.42 6,972.46 7,14680 7,325.48 7,508.60 CITY PROSECUTOR SEMI-MONTH 3,081.31 3,237.31 3,318.24 3,401.21 3,486.23 3,573.40 3,662.74 3,754.30 FLEET MANAGER ANNUAL 73,961.44 77,696.44 79,637.76 81,629.04 83,669.52 85,761.60 87,905.76 90,103.20 SEMI-MO DEF COMP 123.25 129.49 132.73 136.05 139.45 142.94 146.51 160.17 12 ATHLETICS/RECREATION MANAGER MONTH 5,865.70 6,162.62 6,316.72 6,474.62 6,636.48 6,802.42 6,972.46 7,146.80 CDBG ADMINISTRATOR SEMI-MONTH 2,932.85 3,081.31 3,158.36 3,237.31 3,318.24 3,401.21 3,486.23 3,57340 - - PARKS MAINTENANCE MANAGER ANNUAL 70,388.40 73,951.44 75,800.64 77,695.44 -79,637.76 - 81,629.04 83,669_62 85,761.60 POLICE SUPPORT MANAGER SEMI-11110 DEFCOMP-. -.. -_ _117.31 123.25 . - 126.33 129.49 - _ 132.73 136,05- 139.45_._ _ _ 14.2.94_ RISK MANAGEMENT SPECIALIST 11 ADMINISTRATION DIVISION MANAGER MONTH 5,583.06 5,865.70 6,012.32 6,162.62 6,316.72 6,474.62 6,636.48 6,80242 EXECUTIVEASSISTANT SEMI-MONTH 2,791.53 2,932.85 3,006.16 3,08131 3,158.36 3,237.31 3,318.24 3,40121 LEGISLATIVE ASSISTANT ANNUAL 66,996.72 70,388.40 72,147.84 - 73,951.44-- --75,800.64 - 77,695.44 - 79,637.76 81,629.04 PARALEGAL SEMI M0 DEF COMP - 111,66 117_31 _ 120 25 ----123.25 - 126 33_-_--__-- 129.49 132.73 _ 136.0.5 PARK DEVELOPMENT PLANNER PUBLIC ACCESS MANAGER SENIOR PLANNER 10 ASSISTANT CITY ATTORNEY I MONTH 5,314.02 5,583.06 5,72264 5,865.70 6,012.32 6,162.62 6,316.72 6,474.62 ASSISTANT CITY PROSECUTOR If SEMI-MONTH 2,657.01 2,791.53 2,861.32 2,932.85 3,006.16 3,081.31 3,158.36 3,237.31 BUDGET ANALYST ANNUAL 63,768.24 66,996.72 68,671.68 70,388.40 72,147.84 73,951.44 75,800.64 77,695.44 CDBG COORDINATOR SEMI MO DEF COMP 106_28111.66.__-.__ 114:4.5 117.31120.25 _ 123_25 _ - - _126.33 _ 129_.4.9 HR ANALYST 11 9 MONTH 5,057.94 5,31402 5,44688 5,583.06 5,72264 5,865.70 6,012.32 6,162.62 SEMI-MONTH 2,528.97 2,657.01 2,723.44 2,791.53 2,861.32 2,932.85 3,006.16 3,081.31 ANNUAL 60,695.28 63,768.24 65,362.56 66,996.72 68,671.68 70,388.40 72,147.84 73,951.44 SEMI-MO DEF COMP 101.16 106.28 108.94 111.66 114.45 117.31 120.25 123.25 8 BKAT PRODUCTION ADMINISTRATOR MONTH 4,814.26 5,057.94 5,184.40 5,31402 5,446.88 5,583.06 5,722.64 5,865.70 CITY CLERK SEMI-MONTH 2,40713 2,528.97 2,59220 2,657.01 2,723.44 2,791.53 2,861.32 2,93285 CIVIL SERVICE OFFICER/HR ASSISTANT ANNUAL 67,771.12 60,695.28 62,212.80 63,768.24 65,362.56 66,996.72 68,671.68 70,388.40 COUNCIL/AUDITOR ASSISTANT SEMI-MO DEF:.COMP 96.29 101.16 103.69 106.28 108.94 111.66 114.45 117.31 7 ASSISTANT CITY PROSECUTOR I MONTH 4,582.24 4,814.26 4,934.58 5,057.94 5,18440 5,314.02 5,446.88 5,583.06 CDBG PROGRAM SPECIALIST SEMI-MONTH 2,291.12 240713 2,467.29 21528.97 2,592.20 2,657.01 2,72344 2,791 53 ANNUAL - -- - 64,986.88 -- -67,771.12- --59,214.96 60,695.28 62,212.80 63,768.24 65,362.56 66,996.72 SEMI-MO.DEF COMP 91.64 96.29 98.69 101.16103.69 106.28 108.94 111.66 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL& FIDUCIARY SALARY PLAN -2015 General Wage Adjustment 2.5%-Effective 1-1-15 6 MONTH 4,361.44 4,582.24 4,696.82 4,814.26 4,934.58 5,05794 5,184.40 5,314.02 SEMI-MONTH 2,180.72 2,291.12 2,34841 2,407.13 2,467.29 2,528.97 2,592.20 2,657.01 ANNUAL 52,337.28 54,986.88 56,361.84 57,771.12 59,214.96 60,695.28 62,212.80 63,768.24 SEMI-MO DEF COMP 87.23 91.64 93.94 96.29 98.69 101.16 103.69 106.28 5 LEGAL ASSISTANT II MONTH 4,151.30 4,361.44 4,470.52 4,582.24 4,69682 4,814.26 4,934.58 5,057.94 HUMAN RESOURCES GENERALIST SEMI-MONTH 2,075.65 2,180.72 2,235.26 2,291.12 2,348.41 2,407.13 2,467.29 2,52897 ANNUAL 49,815.60 52,337.28 53,646.24 54,986.88 56,361.84 57,771.12 69,214.96 60,695.28 SEMI-MO DEF COMP 83.03 87.23 89.41 91.64 93.94 96.29 98.69 101.16 4 LEGAL ASSISTANT I MONTH 3,95124 4,151 30 4,255.06 4,361.44 4,470.52 4,582.24 4,696.82 4,814.26 SEMI-MONTH 1,975.62 2,075.65 2,127.53 2,180.72 2,23526 2,291.12 2,348.41 2,407.13 ANNUAL 47,414.88 49,815.60 51,060.72 52,337.28 53,646.24 54,986.88 56,361.84 57,771.12 SEMI-MO DEF COMP 79.02 83.03 85.10 87.23 89.41 91.64 93.94 96.29 3 MONTH 3,76312 3,95124 4,05006 4,151.30 4,255.06 4,361.44 4,470.52 4,582.24 SEMI-MONTH 1,881.56 1,975.62 2,025.03 2,075.65 2,127.53 2,180.72 2,235.26 2,291.12 ANNUAL 46,157.44 47,414.88 48,600.72 49,815.60 51,060.72 52,337.28 63,646.24 54,986.88 SEMI-MO DEF COMP 75.26 79.02 81.00 83.03 85.10 87.23 89.41 91.64 2 MONTH 3,583.94 3,76312 3,85720 3,951.24 4,050.06 4,151.30 4,255.06 4,361.44 SEMI-MONTH 1,791.97 1,88156 1,92860 1,975.62 2,02503 2,075.65 2,127.53 2,18072 ANNUAL 43,007.28 45,157.44 46,286.40 47,414.88 48,600.72 49,815.60 51,060.72 52,337.28 SEMI-MO DEF COMP 71.68 75.26 77.14 79.02 81.00 83.03 85.10 87.23 1 VIDEO SPECIALIST MONTH 3,413.28 3,58394 3,673.52 3,76312 3,857.20 3,951.24 4,050.06 4,151.30 SEMI-MONTH 1,706.64 1,791.97 1,836.76 1,881.56 1,928.60 1,975.62 2,025.03 2,075.65 ANNUAL 40,959.36 43,007.28 44,082.24 45,157.44 46,286.40 47,414.88 48,600.72 49,815.60 SEMI-MO DEF COMP 68.27 71.68 73.47 75.26 77.14 79.02 81.00 83.03 All Funds 2.5%Wage Adjustment Savings from Cost Medical Plan Change Difference Management&Professional $ 122,072 $ 77,850 $ 44,222 Teamsters $ 271,165 $ 239,988 $ 31,177 General Fund Only 2.5%Wage Adjustment Savings from General Fund Cost Medical Plan Change Difference Management& Professional $ 93,904 �$ 72,964 $ 20,940 Teamsters $ 110,820 $ 109,190 $ 1,630 *Medical Plan savings are based on current number of employees enrolled in the City's Self Funded Plan. AGENDA BILL SA CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing and Ordinance Study Session Date: March 11, 2015 No. 5272 to vacate alleys between Dr ML COUNCIL MEETING Date: March 18, 2015 King Way and 8th Streets and between Department: Public Works & Utilities Warren and Park Avenues for the Marvin Presenter: Chal Martin Williams Youth Center Phone: (360) 473-5920 SUMMARY: The adjacent property owner, Emmanuel Apostolic Church, has petitioned the City to have a portion of the unimproved Alleys between Dr. ML King Way and 8th Streets and between Warren and Park Avenues to be vacated to accommodate the proposed Marvin Williams Youth Center. The Alleys are unimproved and are therefore Class III with no compensation owing. ATTACHMENTS: 1) Ordinance No. 5272 with Exhibits A & B; 2) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5272 to vacate alley rights of way for the Marvin Williams Youth Center. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5272 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of alley right of way for the Marvin Williams Youth Center. WHEREAS, the City has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.080 as part of the Marvin Williams Youth Center Development; and WHEREAS, the City passed Resolution No. 3242 setting a hearing date to consider the vacation of alleys abutting the proposed Marvin Williams Youth Center, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on March 18, 2015, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation n Ri e ht-of-Wad. A portion of the alley rights-of-way legally described in Exhibit A and shown on the site plan set forth in Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby vacated to the abutting property owner subject to the reservation of easements, if any, as applicable. SECTION 3. Reservation of Easements. (a) Easements are reserved for Cascade Natural Gas, CenturyLink, and Puget Sound Energy for operation, maintenance and repair of facilities over, under and upon the entire area vacated pursuant to this ordinance. SECTION 4. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. 1 Marvin Williams Youth Center/Vacation of Alleys SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Bremerton, Washington this day of 52015. GREG WHEELER, Council President Approved this day of , 2015. PATTY LENT,Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk PUBLISHED the day of , 2015. EFFECTIVE the day of , 2015 ORDINANCE NO. 2 Marvin Williams Youth Center/Vacation of Alleys EXHIBIT A Legal Description for portion of Vacated Alley bounded by Stn Street, Dr. ML King Way, Warren and Park Avenues That portion of abutting alley,which attaches by operation of law,to the following described Parcels; Kitsap County Parcel#3768-000-010-0004 Lot 10, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14, Township 24 North, Range 01 East, W.M. Kitsap County Parcel#3768-000-008-0008 Lot 8, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14,Township 24 North, Range 01 East, W.M. Kitsap County Parcel#3768-000-005-0001 Lot 5, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14,Township 24 North, Range 01 East,W.M.; Together with the East half of Lot 6, per Plat thereof. Kitsap County Parcel#3768-000-003-0003 Lot 3, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14,Township 24 North, Range 01 East, W.M. Kitsap County Parcel#3768-000-040-0008 Lot 40, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14, Township 24 North, Range 01 East,W.M. Kitsap County Parcel#3768-000-037-0003 Lots 37 and 38, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14, Township 24 North, Range 01 East,W.M. Kitsap County Parcel#3768-000-031-0009 Lots 32, 33 and 34, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14, Township 24 North, Range 01 East,W.M.; Together with the East half of Lot 31, per Plat thereof. Kitsap County Parcel#3768-000-009-0007 Lot 9, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14,Township 24 North, Range 01 East, W.M. Kitsap County Parcel#3768-000-006-0000 Lot 7, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14,Township 24 North, Range 01 East, W.M.; Together with the West half of Lot 6, per Plat thereof. Kitsap County Parcel#3768-000-001-0005 Lots 1 and 2, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14, Township 24 North, Range 01 East, W.M. Kitsap County Parcel#3768-000-004-0002 Lot 4, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14,Township 24 North, Range 01 East, W.M.; Together with Vacated Alley between Lots 4 and 40 in Plat thereof, per City of Bremerton Ordinance No. 533, dated April 1916. Kitsap County Parcel#3768-000-039-0001 Lot 39, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14, Township 24 North, Range 01 East, W.M. Kitsap County Parcel#3768-000-035-0005 Lots 35 and 36, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14, Township 24 North, Range 01 East,W.M. Kitsap County Parcel#3768-000-030-0000 Lot 30, per Replat of Louis L Loo's Addition to Bremerton, as recorded in Volume 2 of Plats, Page 68, records of Kitsap County, Washington, in the Southeast quarter of Section 14, Township 24 North, Range 01 East, W.M.; .Together with the West half of Lot 31, per Plat thereof. F- 2 W I;NE F .O.MVACATION 8TH STREET, W ■ LiJ f, . > -1 D 8TH a ' z Z ui > u,, - a �vdl 75 a 7TH STREET IL 7 ; 4 1 E. R :11V: V r a I N EXHIBIT FOR COUNCIL ALLEY VACATION FOR MARVIN WILLIAMS CENTER EXHIBIT B SCALE = I"=100' ALLEY VACATION FOR PORTION OF RE-PLAT OF LOUIS L LOOS' ADDITION TO BREMERTON ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: February 18th, 2015 PREPARED BY: Joe Keller SUMMARY A. Applicant: Emmanuel Apostolic Church Lawrence R. Robertson Sr. 10236 1h Street Bremerton, WA 98337 Location: Portion of the alleys between Dr ML King Way and 8th Street and Warren — Park Avenues BACKGROUND The adjacent property owner has petitioned the City to have the Public Right of Way Alleys abutting their property vacated. The right of way was dedicated by the Re-Plat of Louis L Loos' Addition to Bremerton; February of 1903. The right of way is unimproved, it is Class 3. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Alley N/A • R-O-W Width 12 -14 feet N/A • R-O-W Areas N/A N/A • Pavement Width No N/A • Surface Type No N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: December 2014 Emmanuel Apostolic Church alley Vacation Page 1 of 4 This portion of the right of way is not currently being utilized for the roadway, nor is it anticipated to be needed. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent property owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES An easement will be reserved for Cascade Natural Gas, Centuryl-ink, and Puget Sound Energy for existing facilities within the proposed vacation. No City utilities are present in the area. SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner. December 2014 Emmanuel Apostolic Church alley Vacation Page 2 of 4 COMPENSATION No compensation is owing as this is Class III right of way. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Alley Vacation be approved as requested. �F - ;:.y'4'. by .,, ~ ,r.: .'�' .. .—• /.'•_ ' v {' T � • 'jay�.J _5:.. .�e- .y `:; '' Alley facing West from mid-point northbound alley. December 2014 Emmanuel Apostolic Church alley Vacation Page 3 of 4 S .r J ' •1Ri 1 AHey facing North from Dr ML King Way � ..., Ile Alley facing North from mid-point westbound alley. December 2014 Emmanuel Apostolic Church alley Vacation Page 4 of 4