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HomeMy WebLinkAbout3333 1t.kOFB , G 1111 o,... _____ _op. , .. „ „ 11•11.111 PUBLIC WORKS AND UTILITIES 4111 3027 Olympus Drive•Bremerton,WA 98310-4799•(360)478-5318• FAX(360)478-5018 October 15, 1998 1 Rick Gagnon, P.E. Utility Engineer fJ1'4 -6(2-":, Kitsap County Department of Public Works 614 Division Street, MS-27 Port Orchard, Washington 98366 Subject: Gorst L.I.D. Formation Dear Rick: After conducting a lengthy research on the City's ownership of the parcel presently occupied by Elanden Gardens, we came up with the attached chronology of events. Based on the documents available to us, it appears that the City owns the said parcel. Please give me a call if you have any questions. You may contact me at(360)478-5315 if you have any questions. Sincerely, 0 / • 4/.0 W. Eugene Sam. - ' Director of Public Works and Utilities /ga c: Kathleen L. McCluskey, City Clerk File Enclosure * Equal Opportunity Employer * I • • ANDERSON CREEK LOG STAGING PROPERTY AT SR 16 (present site of Elanden Gardens) CHRONOLOGY OF EVENTS November 8, 1912 Bremerton Water& Power Co. deeded all of the tide lands in front of Lot 4 in Section 33 containing .50 acres more or less to Garrison and Fisher. [Ref.: see attached copy of Deed No. 64650] (Attachment"A") March. 15, 1917 Garrison-Fisher Company deeded all of the tide lands in front of said Lot 4 in Section 33 containing acres more or less to the City of Bremerton [Ref.: see attached copy of Deed No. 85955] (Attachment"B") September 1947 Tracts 1 and 2 of the vacated State Oyster Reserve, Plat No. 87 were deeded to the City of Bremerton. [Ref.: Kitsap County Title Company Report dated May 9, 1961.] (Attachment"C") May 27, 1950 City of Bremerton leased a portion of property to McDonald, Taylor, & Bruckart for 10 years and was extended for an additional 10 years to 1970. May 5, 1954 City of Bremerton leased other portion of property to Pacific Tow Boat Company for a period of 5 years and was extended for an additional 5 years to 1964. May 9, 1961 Letter of Chester Easton/Kitsap County Title Company to the Greater Bremerton Port Commission gives a good discussion of its inability to correctly identify the boundary of City of Bremerton's ownership of Tracts 1 and 2 of Vacated State Oyster Reserve, Plat No. 87. (Attachment"C") October 10, 1962 The property was deeded to the Bremerton Port District with a re-entry clause if the Port District has not within 10 years entered into a contract for establishment of an industry upon the property. (Kitsap County Auditor No. 784303, Vol. 766,page 245). [Re-entry effective October 19721 (Attachment"D") April 30, 1970 State Supreme Court decided that transfers of real property between municipalities would be controlled by RCW 39.33.010—property must be determined to be "surplus"to one municipality before it can be transferred to another. August 3, 1970 Port District requested City and County to cancel existing deed of 1962 to issue new unrestricted deeds and submit these new deeds to the Supreme Court for a decree of approval. 1973 During construction of Port Orchard Marina, Port District made an agreement with Department of Interior Fish& Wildlife Service for Port to undertake restoration of intertidal habitat. January 9, 1974 City signed a"Statement of Intent"to do this. January 22, 1975 City passed Resolution No. 1630,transferring its interest in this property to the Port of Bremerton. Resolution also contained a re-entry clause if the Port does not develop the property within 10 Anderson Creek Log Staging Property Chronology of Events Page 1 of 3 • • years from the date of transfer. February 11, 1975 Port accepted property by Port Commission Resolution No. 75-2. October 4, 1977 Port Resolution No. 77-9 established Aquatic Natural Area Preserve and designated as such for a period of 20 years. The Preserve includes approximately 25 acres, bounded on the East by the North-South state grid line 1,541,000, on the South and West sides by the boundary of the Port-owned property, and on the North by the tideline. The Preserve is effective until October 4, 1997,with an extension of an additional 10 years. (Misc Attachment) July 31, 1978 Pioneer National Title Insurance prepared a Limited Liability Report for the Port of Bremerton stating the record title is vested in City of Bremerton and County of Kitsap. (Attachment "E") August 26, 1991 City of Bremerton leased its property(7 acres, with 5.8 acres upland)to Diane and Daniel Robinson for a nursery business called"Elanden Gardens" for an initial 90-day feasibility period and an initial 4-year lease, with an additional two three-year leases. (Attachment"F") February 10, 1998 Bremerton Kitsap County Health District notified City of Bremerton (by letter)that the property or a portion thereof was used as a landfill that was permitted under Health District regulations and Washington state regulations. [NOTE: Health District's letter provided Tax Identification#332401-3-001-2001 [that portion of Government Lot 3]. (Attachment"G") This is a wrong number since this number is the Tax ID number of the Wildlife Preserve (Attachment"H"). Bremerton's property Tax Identification number is #332401-3-016- 2004 [tidelands fronting Government Lot 4 lying south of boundary Tract 1 vacated State Oyster Reserve]. (Attachment"I") SUMMARY City of Bremerton acquired Government Lot 4 Section 33, Township 24 Range 01 and tidelands fronting Government Lot 4 through Deed No. 85955, dated March 15, 1917. Tracts 1 and 2 of Vacated State Oyster Reserve deeded to the City of Bremerton and Kitsap County in September 1947. (NOTE: Exact boundaries cannot be correctly identified.) City of Bremerton deeded its interest in Tracts 1 and 2 to Port of Bremerton on October 10, 1962, which was subsequently cancelled. It was deeded later by resolution on January 22, 1975. QUESTION? Are the tidelands fronting Government Lot No. 4 and Tracts 1 and 2 one and the same? COMMENTS: The tidelands were deeded to the City of Bremerton in 1917,prior to the deeding of Tracts 1 and 2 in 1947. Anderson Creek Log Staging Property Chronology of Events Page 2 of 3 i • • During World War II and until ? , the Anderson Creek log staging property (present site of Elanden Gardens)was used as a solid waste landfill. The landfill area was capped with one to two feet of sand and gravel fill material. It is the landfill activity and subsequent water erosion which created the present site configuration. [Ref.: Engineering Study for the City of Bremerton Log Staging Property,January 1986, prepared by Pazooki and McMenamin, page.6] (Attachment"J". Chronology and Summary prepared 10/14/98. Anderson Creek Log Staging Property Chronology of Events Page 3 of 3 z'•! , • M • ��� y yclt..w ham' '. rkx�t` r>,�.*,� .1'104'0161; '` ' ' . . '7.1 � '. r ,�•! ,� �,'►r,,,,f-' ,�4, ° .;SP{� �K—°r �1.Ycr a" a.._ tv, >r}bit ,.-„•�f � .. ��.' .t ^,. • �,r 4,. •,r i ern No .46.50 _ _ 3 R BookD , :Pae rf1 f e . tD.11 N!a�.e.r..._£c_Tn>ri.a.r Co....,.., s � s --L.(��---•-- . .. OQ.r�? �__ Instrument Daed. ''•'-,•,,t • Date _lip.'Y►_._....._ I ' , .: ._....._ .,.,,{ ORAIV'I ORS • �.. _ TO Ack'd_.___'�- 8, 191 a. . _......, . j _•;_.r l'::: y' Garrisa.n....an.d. Mi ne.rva...Ga.rr.i_9_Qx ...... r • - , Filed—110v.V. 22, 1912 --- -.._...w..»...1--•--- __ ' 4' .e;..,._and_.P_L.. E...»...F.i.s.he.x a.i� , . '. .. t, t.,_ - At 9..Q3_:A...._.M. ii .h c,F .ahe...r..R hie wife, n z i `..:1;)*3141• oRAN'rI�EB Consideration, $.-...-1Q...0.A1__e_t- al'.. 5,;,:5.::.;x_:.and__C_:...-._..._..-........_.._.. µ 1�. t ;114: .r , i`F-,, ,‘ ..:. 11.,.._Q tkwe propperty, real,....Pereonal or mixed, of Gr _ntor: , --- _�..::._•........_. -- , :o.E_:_N.R.f.----Be-e 41- TP-....-.23., N....-R. 1.,E.. VI... -M-. 42.42. .aOree., .m... o.r.._1.. S..f r fatr 1 `f •-E;-1:'...ti• • ' . • • .. ..:_.a1 »---- �� -',-;'.1 4 and_:.S. a�-.8'- and...�..41i_._ cf....S. E and__..... a�' -1�.,.I1.... ',1 i°-S.e.0.1.:.5 -, Tp., 24::. L. -.11.....1.._Fl. t_:._1Z�g-.-25....a.cre-s-,-...m..._..or h ' • • . - r %A .'i3O. ,; ” r:t ,k . . • 1c� ,.i L...aii Qf..3 tbe_-ti.d.e.-la-nd.s-:.i-n..-fr.am.t----a.f...-sai.d-.--Lot 4...in....s-ai-d-:-S-ec-A. .2,_ , aont ��& -..-acre.a.,_--m-.----A-rl-....''and .» .- • . •Y., :i... :' u S.:IY. _af:_.Be.e......21, 'Tp-:.:...24.-.N... 11.....-1.--.E...,-.:.160• aurae.. . r . , • =; �o - .s r .x ;.---S.... .-:--af-ll.W•4. Se.a......4-, Tp. 2.3 , H---- R-- -1- -E,....49.. .12. , 80 aar-e-s-,m......itcr1:i a '. :e.rlring the. _right, how.eve.r., to....c.ons-treat....,and...m.ainti.in...a:t.._nny time._..hare... 'I • er.,_?afy`'lagging....ro.ad....ar..-_roads.__-nec.eaaary or convenient-_-_dor• car. y-ing , • transporting to tide...raters...any logs or timber cut o.r to be cut fr.Q.m........_.._ r )'.:.la.iid.:;.iii. which th.e-...Tao.ifia....C.oa-st-..Tip- _. a ..Ca....-.-.o.r....l:.oxt.er._.lio' ton -94O.c C ] • I:;''. 11 kers-, 'a....en.rp.._...may n.ow.._haxe..;.any in.tere.s.ts., situa.t.e.d__..in...B-ea-s. •4.,__._and-.:..5.,......... ,1 't', H.. R. 1 ...L'..__V...._.J...s.and___he.ing t.lie-_:.s.em.e--._r.e.s.e.r.vat.ion...as-:-.o.antaine.d.__-in' ,, aj,:; 1t.e.rtain.indenture e.ntere.d.--_in.t.o....on._..Dc.t :-....1.6-.,..-_19QZ_,....b.e.tw.ee.n--_the._..F.a.cifio .� • 4i ; : .at.-._P.ipe''Co and the._-.s.ai-d.___De.xte.r_-_-_iar..to-n:_&-...Co...-, a._..corpo.ratio.nnis o._:an` ' : •i 1.1.:! 1 ,,,.) . . • ;em.en.t far the purp.ose.__.of--laying--_a--_.writer pipe-line--..over_-_and through the.... '`,1.1..1 . d_ea--.....lana... „The_._S_.TL_.4..a.f___I1...Y(...¢, ae a. 22., Tp.. 2.4..._II.. R.. 1...E.. and b-e.ing.___. d, ' ;-.carne eas.e.men.t._..v.i.th the---.Sallie....r.oaer.va.ticn...as....sh.own by that. certain ' ,' , '';.tr.ument._.in-__writing_, e_ti:ia.a.r.e..d into on Kay 14., 1.902., between...Ludwi.0 . '' i t.e.r-ean-._axad_...H.. 0.r-c-li.ttrd_,._..and...._.th.e.reaft.e.r e.S.e.igne..d.._..t.a the-...P•ac_i-fi-a_.--C-oas-t • 4 .. .. .! . • ' -t1 ,t'. e......C.o�.-,.._and_.__there.a.f.t.e.r_..a.ss.igne..d. to t.h.e .G.r..un.t.a.rr. .._.ho .e-in, .mrnd._-on:__r_e:e-or_d-:_a _. ,n--- ail! fiLaffic..e_o.f.ii.it.s.ap.......C.o.....,. Y'7a.ahin._.B.o.Q.]k..__3.3 o.f.....D..ee.ds.., at :p.a.ge 4.6.7., _ , .1,- , • • • • (Over ) • , 'I 1 f il' ,1 . ' , , :., . ACKNO\LEDGMEN`I' _ - 11.11: 7. to'of—. 1_a._.._ah': ', County of T in.g.R..__.._ __.._..._..._.._.._,'s5Befor . 4 r 'e.._._._.._..»_..___ ,_-- ,f f.. Beall'..— E.dgar..._h.._...Cr.irl.er..,._E..._.T'......_E.e.a.t.t.l.a.._' ,., :••_... -;.; , 4; , , .. 1 , '1 ,- r� f: is ` , . 1. ,y, i Ti , , t , {• «.' �c.ker1 .._by T....._. 1.._.G.arris_o.n., ''.r.e.aid.e.n.t and. _.»•r. E.•._._.Ei• she_r.., :;.1e_are_tnr�r, etn• _.:: t,. 1 . . .:,: . .: :,..- -...k_:....,.", 1 ! fi„. ;3 142 t I'Rak. , gra , . ®@WPaG3C r Yr i) I'. • • . r . • . • • -.1. .,,,, • . . ii„ fiy Y'rf5rr • t .j .— • ., .4); .... .. .) _ • 3 ., , . , •'•.,1`i,t ' .fF 34 i.. . ' . • ....--,, .., -referenge to'which -is hereby made. and the same. is by such referenei' : expressly made a part of this instrument . r •;f11:: - ' ,. . . • 'Y'i•-j-.:•* r Sri,';, \ N.W.* of Spo . 32; Tp. 24 N. R. 1 13. W. M. -'''- C. ! IF • • V1. 10 acres of N. 22 acres of /1•.W.* of N.E.--.1-, Sec. 4, Tp. 23, 14; R. 1 E. 77. M. . -t. . c,. .. ; -', - That tcertain easemeht granted by the Independent Asphalt 3a Pavi. i, t.......; c . , . Company to saidl'Grantorx, for the purpose of laying a water' pipe-line' .. lines over and through th•e fol. Lots land 2 , Sec . 33 , Tp. 24 N. N. 1 . Also 1,1 N.E.* of N.E.-:1-, Sec . 32, Tp. r4 N. R. 1 E. W. 11. as shown by that cert., , - -:- , : : ,;••• -r-lt sin indenture of said Independent Asphalt c",r; Paving Company therefor .:!', , ,t 1 recorded in Deed Records of Kiteap Co. , 1,7ash. on page 607 of Book 5a,:' 0 ., subject, however, to all the covenants [Ind agreements in said instru- ment •,,, ment contained. k - ' ' x,it'•: ,.•?:: \ That certain eatiernent granted by 7. J. rsa iloon to idiGrantor, '•!, for the purpose of maintaining and replacing a water pipe-line or :•*). ..,, _ . ..1.., lines where they now cross the fol. :-•-, ,7, 44.,•• . . ' Blocks 3, 16 , 21 , 32 and 37 , all in re-plat .of Fort Orchard Ci::' . •10 as shown by that certain indenture of said W. J. Wilson therefor , re-'-, • , -, i - corded 'in• Deed Recards of said Kitsap• Co. , on' page 352' of Book 57 ; suit - •-,! -:- . ject, however, to all the covenants and cigreements in paid:instrument: ii . ';' k ' contained.• • -1'• • That certain easement granted by F. T. Sherman, et al. to said -'' % Crtintor;1, for the purpose of laying a water pipe-line or lines through .li• ', "x•r . the fol. 1. '•'''.i . . ) •• H.f• ,1 . . •.- Blocks 44, 45, 46 47 , 48, . e.nd 49, re-plat torort Orchard. City; as shown by that certain indenture of said F. T. Sherman, et at. there , ,,:at.; _ . for, recorded,:in Deed Records of sold , Kitsap Co . • on page 605' o-13- Book '‘ ,"•.- 0 ,';1 • •' 55; subject, however, to all the covenants and agreements in said . . ,-.:•;:' ''.''' ''-- • - - insttument contained . /All and singular the water and riparian and water rights ,and '',,., 3 ,,.privileges of every kind , character and description, which belong to s„NT'• , •. ,t-_,,k, • ,, , :, •-1, -! or in any..manner pertain to the • •• '• ' S.W.* of N.E.1 and the W. 20 acres of Lot 1, Sec. 32, Tp. . 24, i:.. ,ti:• .- • E. R 1 E. W. M.', insofar as they relate to what is known as Gorst '-''', a ;* .-- ,•- Creek, which flows • through na id above des, land, and the water whiehs-: ' -• .:'•1 flows of may hereafter flow in said creek, together with the right to •.;';-?.• . • perpetually ‘ take , use , sell and divert all the waters •and flowage of ., t. ,t1 i; :' i;:, • sd . Corst Creek; subject, however, to all of the terms and' conditions . , •' ,4 of the grant of said rater and the rights and privileges granted, by'.'f•', -I 4."-I • that certain indenture of Anna M. Fawn, et al,. made -to thel-Grantor .A •J'''S . .11,L-- herein, and 'recorded in reed Records of said KitsEp Co . , on page 48.1 , 34 , ii•-ro-1; of :Book 82. - I • ,,:i.•, Hi...3' That certain easement for right of way 20 feet in width, being :L - . • 10 feet an eactiside of the center cf the pipe-line 'heretofore ' ldcatea , ' by th67Grantor". andacross lierein over the fol. :,!•:-,;: • u 1 •':. 3.W.i of N.B.-I- and W. 20 acres of Lot 1, Sec. 32, Tp. 24 N. R. i• •.-.:•- 1 E. W. M. for the purpose of conveying water in, under and across 1 --.- said premises ; subject, however, to all of the terms and conditions„o '. - 1 .4.-•• the ofiginal grant therefor as shown by that certain indenture of .,•-• i ,• 1 .• ..,., ' Anna M. Hawn, et al. to the /Trantori'herein, and recorded in Deed Re-- :, • t., 0 ' cords of said Yitaap Co. , on rage 485 of Book 82. The right .to divert the waters •of Curst Creek 'which flow throug!. the N.E.-1- of N.E.',14,- of S.\'/. of of Sec . 32, Tp. 24, 11. R. 1 E. VI. M. ..',. . . •.--,-, for the supply of waters to the cities of Charleston and Bremerton an,. , _ various corporations and private paries, the same being all the ' Ji ., -•,,, ,,L ,,- :' ‘• . right acquired by the said0Crantor°from T. P. McGrath, et al , by that!' • !'' ! ili certain indenture made by said T. P. McGrath, et al, to theAGrantorY-..' . 14/ herein, and recorded in Deed Records of said Kitsap County on page 488 of Book 82, the said right hereby granted being subject to ail the te ancLoonditiqns of the said indenture pf said T.: P. McGrath, et al. to thefGrantorrecorded I /rherein, and as aforesaid. • ,- • ...,;'''''- -..', : _ ,'' ' The right tc divert the waters of Gorst Creek which flow throuC 1. 11,.1 - the N. of 17.W.i of S.13'.*, of Sea. 32, Tp. 24 N. N. 1 E. 17. M. for'''Lt'-' • ,•-•, .: -••••••.-q•I• 4: : the supply of waters to the cities of Charleston and Bremerten and .i ..,- j ' ,•-r.. • r•-• ;:1A4 ' ,' -, . , ' •. • - -,• ::•_,-;•;,kit,.:•.` .1::1; ,.::- ...-,:::.,.1,t• . ;. . ..i . S' a - . ,. ;:.'114'2, i':i 7 :c..:',, ,y.cli. ,1_'.' , , ,. ,,4;:...e,.. -,..\ , .` ' 5. 1,'I ' .• ,j ..!' q.,1%...,, .•1 _ ' ' . , :, - ,. -;,:"'",:- ,.( 14,,,:.-A.t:.,,.. .- • • , ..,...,.:,,_:,, .4t-,. q.: .+ • ..• .• ;:.:',,;- .',:. ,,.`',P ' t•Ik' ). • • - 4 ..P.I..- .Y:.,'. '.. • ..,'1"4 ::,,,J-;;i-1,-I:t.:',,; .,-: ,, ' , . • - . . :-... ' _ .*-,:i'',',.:::::,;-•...,', ,, ,,,, ,I, ,_.'-' •c:.*:.:1;,,,i::',;t-,,,,,..,',:.. - :'".''' -,..'ilet iV:',Vt:- •' '`,.k".',.s...:,•',- , :, , ;..4' ,',.:,;:',- .' ' ' . !„.,,-. ..., , . ,.,. !', ;',---'..,, ---,.•'.,s•-'."'3';,.''''`,,V,;•.f.:144,4 ,, >: +[:. '.,-,- ,.. '',.vit'• ' c,:':'••• ...-., .:'s ,-.:"'00,11;;'',- '.'' 4,f..f:1':.::- , ' ' ,„. ,,::/':'.:t. ..,..:,:,'••`,:r.'',I.. ....,, . i .,:., ,'ts..,:,,! .. :...0-.• •'k‘ i . - ...,_ _ ,. , • _ - - . , _. . I ,,- . rtz1�e ktL rt acry.f„1 1y* t i k : 4 _ lT 4 t: CTi`bA yt1 AA y^,f1tti? t 1Z t••, ' '"` }e °C�- -. d. r ,. i• .-. ' " , z,f 7 . t • .? . `l " A ,r.:,W ya� ,. is )" ��i,!:,•';:s1/4„.,. t T t ' No. oLl1.�...aJ�.._.(d,03-tpi--p.i) � ..p.‘,.,,{� ."..11./.r:', ;.1?.'..-t.:# ohty $ 't . At•3'i ;:‘,.‘t.-.....i Book -Df `� Page_ G • ___ . � , '' __,:. Instrument R t� r 4 t; ...i. i RANTORB &t@ t • " .z , K fir} 1I' O ���� of h i'� �," y V ii ,' '1,''- ',.' "y TO A ck'd . . • --_-_,_L;._. .._ :: )" s t 4 t t Filed- _ _ - _. ....._1 Apt t � , 1. , -` ,'-Ai 4' t f At M 1 ? , µ' . , , QRANTEBs Consideration, $ _.__ _• _. �k��:4 . _ J t �� �us....o.nrpnrutinns._.an.d....pr.ism.te pa r.t.ie.n_, tli.e same b e.ing....all__.tha r ht....aoqu_ir.e.d._.bay sai_1 Gr.anto.r....from_..L11e.hae.1.-..griffin., a-._.b.a�c.h. an shown ; dddd hat.._.oe.r_t.ain___indentur.e....mad.e...be.twe.e.n...BP id....Tilt.ahae.1_...Criffin:_..aand..._sai.d �`.,. f , • . Ltor-..her_e.in d.at.Qd_._May 15., 1.9.12 and a.0kn.onle.dge.d_-_.by sn.i-d---�.ichee1 i fin___en�.May 1.l.,--_1912., b.e.for_e.._.T. H.. Iia.].ane-s a 1-�..-P..:., and by T. B• �. ► ia_on_-_and___r....._E......Fisher.,..:.as...�'r,e.s.id.en.t_.._and-..B.ear.e.t.ary.__.r..asp.e.n.t.iv.e.ly..r.._......._._____— ' haAOr_un_t.n.r:_here_inl; ' b_e.foxe IV.. G.. Vie.s.er, a....iL P. on._ldtay 2.0.,....19.12. I _Eire-t:..party._.doe-s...here_by...grant, bargain-,._..s-ell,----noxru.ey-....-assign., tf • Asf-ex....and.-...se.t....ovs.r:_._lint.n:...as.id....s.ec.ond._..p.ar-t.ie.a, that---e-e.r..bairi'.:franciii.sd ' ; A ,t e.to.for-e.._.grant.e.d t&_.__H.___.Qroha.rd_, and by hixaxx .the.r..e.a.ft.er on.,_Bep_t... .6_, '• bs- as_signe_d t_ . the Pacifio Coast Tip.e_...C.o...,..---and._._ther.eaf te.r., to-wit.: V relay.. 2-7_.,__..19.06-, a-ss_igned to T......B......C-arris-an, a t.---a-l-,----and.__.by_ them an ' AXI¢ :4__1.9.0.6., transfe.r-r-e.d to th.e-.-.Br-emer-t-on--_Wa.ter &...Power Co...,,1--the....said 1 t S' •'t :nchia.e -ba.wing_-_.b.een....grant.e.d...by Ordinance....Ho...... O o..f the Torn of ;. :mer-ton, entitled "An. .Or-dinanl c.a._.granting to....H-.•---Or-ehe.r-d........ris...heir--s- .;� d....as.s-igns..,_ the__.right t.o c.anatru.c.t.,.__.main.tain..E r 1 aper.at-e...a.-_.sys-tem_..o-f .e.r__wo•rks__in.....the.._..T.O.wn__.o.f---Bneme.r..t�on, " which....sai.d_....o.r-.d.inance....was..-pas.se.d 11 !a•t the....Qo.unnil.._o.f th_a.__To n....o_f...Br.ewer.t.o.n...on._.Apr_-___.7..,.-..1902., and...s.ign-ed._.. ,,nd #t''1 lipro.v.ed..by the....May..or_...of....s.eid town--.-on---.sai..d date., and fi.r.st-_..p.ttb-lishe.d. '�t,1. 1111 12,...._1.9. 02, reference to....whi-ch....ar.d.inanc.e...is...he.r-e-by-_.mad-a-..mod the same . , a rr:.de___.a_..part o.f thus___.instrumentr. _;__..al.s.a...t.hat c.e .t.ain franchise he.r.e.tofar-e._ •': i, 4.ste.d t.o A. Orchard,. and by him thexe.afte.r an...J ep.t... 6.., 1.9.0.2.., a.s.s.igne.d i,Pi! i; ,t. ,. Iacif_io Qoaa.t.._.P.ip.e_...C.o..._, an.d t.h.a.r.e.a.f.t.e.r.., t.o-w..i..t: on...Fe.by...._..27..,._..1Q.Q6 r signed t.a..._T......B.. Garrison_....e.t a.l....., anti by them. on....A.ug.. 30.,_ _1.9.0.6., trans- ',, t: .r..ed._...t.o.t-he Br.em.er.t.on....VT-star_..& Power C.o.... - .a.ai_d fr..an.c.his.e.-.havin been 1 , : : .e.d by Ord..ina.nc..e 11.0... 4.9 of __the Town c.f......r.o.r..t-...Qrchn$d., entitled. An dinanoe granting to H. Orchard , his heirs and assigns , the right to , onstruot, maintain and operate a system of water works in the Town of l'fi 'ort Orchard," which said ordinance was passed by thA Council of the `, :. .i' 0.f._.P.o.rt Qraxaa.rd on....Mc.h.._._.14.., 1..90..2.,__..en.d a.iern.e.d.._..an.d_...app.r..ov.e.d_...by the or o f said town Q said date anal, first p.ub1i.she.d......May____5,___19.02., re- ..:. r ere.a.a.e. tQ__whi.c.h._...s.aid_.c.rd.inana.e in he..reby.._.made-.,__.and.._.the-...name._-is--__b'y such' I - : a_r_emcee_mada. n -part-af_.thi.s ins.tr.ument; (Als.o p.e-rs.onal_prop.er.t�r . l 1� •r. I ,,r'' bui)d-ings.., impr.o.v.emen.t-s__.an.d oth.er__,.pro.per.ty., r..e.al-.,__per_aonal -or_mixed . ,.. : y. (OVER ' ''.•:-.4i.‘,1,..:•.:.- t ;, kt to r:. .4. 4 A (:Carded For ‘[. .., :i' • , , . Rama limn No 85955 .. .. - • li. :,. . r',4.. . ii-rif3her Company, D 1.03 Bookpage . 518 lnstrument_ •41 , 4 ' ki. ,,V. ,. . Date MOile. 15, 1917 i 'II , GRANTORS 1r14 ., TO ' Ackd Mehl. 15, 1917 1 !, , -•,•' ;remerton, • ,,, If,:'• Filed Mob. 16 , 1917 _r •r, , pal co rp _ , fel C AL11 :20 A. M. .. . . . ••• • :1 -, NTEEs Consid ratio , $ 224,500.00 “--. - Is Or-14\ . . 0-1( ----"' ,.• ,i, • 'r ' •i F • 0 1 .............,..,..,„,„„,,,_,......,.. P:1; ti0 ,Recites, !'•••••., . ..he.--Oarrison-Fisher Company a Nevada corp. pur- 0,1 110 that certain decree of the Sup. Ct. of the State of ',.7”..sh. for ,:•i:,: :,..,-; •, , -:,• 1 '.., , 1..,...,ent.arad...an..Mch......2.7.,...1915.,....in..eaune...No......8.7.7.81...nf...Ettl.....C.t......being.... I, 'r . •, , ,,,,,,, • 1.6d The City of Bremerton, a man. corp. , pltff. vs. Bremerton .,, T1 ../ * i A ,..ff-o-w-ei,---Company, 43- 0 Orr)Iv --d-f-d-t-.----and.- -the- GA-1114{4G/1--F-ifth•Or• -Company, ... • ,, intervener, and pursuant to the supplemental decree thereafter . ....theror in, turtri -f - -and :in -erorts-. of- -0224•,5-0rn.n 00- -pd. Ad. p, tor- .1 ,• i J by grintee , #Rantor conveys to grnntee : ., . , • i il r.'cb,. .:•:)N. ,ii ,.-, -'1IP... '.1,,,v TO•••Y ",.."•2) • ' • • P'Y i . • ',01,00:,...,:''„e 11;'";1'*:s'.7:.iL‘....'4..i.ii',.'LI.. .t.iiiA-'2.;AA'r‘i. .'41: '•;i1),.'.: ,....flYSREEtifillfifirivC: 1 I,.. ., . 0-4 • "t s' , 4 „., a,;„. ,,,,,,,, ‘ ,74,145,,,, , ,,,,..0.401 , .„ ...,. •• , : 0'v 0,'4,'tilt:V,,or,i,lox _,, ...kOft'Szcri'''t -- * ri '074414\l•riA• 177wiLAJT•1144esienggi '71- 0. • P• Tril ° I 1 . .%; r , ID t v , • mp ,t _ ix -al, I. - ' -7'. ihilitititttriatti tOrid de t 1.4 ' v&ifi oti;.- q's'- ..$ lartvg , , • 61. .1 t 0 i I ''';1 "',4r.:,11;r, 7110etii''g It" SIP• 24 N. R. 1 -114- -W. M. , cont . 160 --ac. RYA V .1 1 ,i ... v.t. ;bit 1.1bLitIC*X111/3C2 DIXX*TX2141EX221XidIXRX with app. therounto belong- ) ct-eqI';,iltak fib f0e s 60 liA-r•.4 04Tp.:-8 N11i;.1''.4, f.,iov W. F M It' '''''''Of Oa g it'18 0 'h0'4."- : . , t. • subject to a1,1 reservations As to the constructiOh knd. math- s .),hi'' • ' at any time hereafter of any logging rd. or roads contd. in ' ertain indenture entered into on Oct. 16 , 1903, between the Dexter Borton-c.P.mpny, also ...„ An easement for the purpose of laying a water pipe-line over "q ;:i• ..,....t.o.,,wit_• ..;., S.W.-1- of N.17.--,1-, Of Sec. 22, Tp. 24 N. R. 1 E. W. M. , being the 1,141 r.; ' •ff em ertt , wi-th• the--.1...-am-e- reserva-t-i-ens, afl• -that-shown----b-y----that---aortnin-- , 111,' , tn writing entered into on May 14 , .1902, between Ludwier And- 10 1,1114-21. Oral:111rd- -tintt -th-efretuft-or---nrItil-gmrd. -to- tho.-14-ael-fic- Cons-t- Pip-e , and thereafter af3rigned . to the dfdt. and intervener herein, .1. inst. is recd.. In Vol. 33- of Doeds at page 46-7, rec. of-KC1T. ..4' Also' no N.W.-1, of See. 32, Tp. 24 N. R. 1 E. W. M. ; also , 11 1,f 1 - The 17. 10 ac. .of N. 22 ac . of N.W.i. of N.1"1.-iii- of Sec. 4 , Tp. 23 1:. Ell yr. n, Ail ef ria. prop. be 5,ng lri KCW, and 1, Any and all other .real prop. , including all rights-of-way, .pipe ,;',. tid'Ili iand used in connection with the maintenance or operation of ed. orks-a-nd---water---s-y-s-t-em, or an-y- part -theroof. ! .1Ii grrint or does aloo hereby convey, transfer and warrant to • •.iitee---th-e---fol. &e-s. water- right's -ref-erred- -t-o--i-n -above-merit-rd. deeree • ACKNOWLEDGMENT •,,4, ,! :1 King .:- • ._., County of , ss. Before 1 -12 •1, “bal) $eattio, • 1 !,:•,,, ,. • q, ....a.OAA " • ' • I i .. . . ',,-• ' ' '4 11 . r 1 •;'..,, . 1(39 ,,, , , . , i. , • vt1 -.:---31.4) ,, ii„ . • KITSAP LU 1 T III i.. e �., v ri-�► i� >, --moi--- .11;iw1i j( 'l(.. SOI"ND 11111 IN`1 I(AN(.F (OMPA' S i t Fourth Street • P. O li..x I S I • Telrphonr F:Sscx 7.3701 BRUMF.R1ON, \\ ASIIIN(.TON /4#meAi,, ,ti' t�G 4 May 9 , 1961 . Greater Bremerton Port Commission , c/o Arthyr & Hanley , Attorneys at Law, Harrison Building, Bremerton, Wash. Attention: Terence Hanley. Gentlemen : Pursuant to your request for information regarding the Gorst area tide lands , we present the following report which takes into consideratLon only a part of the entire area , but that which we believe is of prime importance to the Port Commis - sioners at this time, and specifically the Easterly margin of the area roughly masked out in green on the attached map . First , we would point out that the City of Bremerton and the County of Kitsap jointly acquired title by deed in September of 1947 to Tracts 1 and 2 of Vacated State Oyster Reserve , Fiat No. 87 , unuer authority of Chapter 207 Laws of 1947 . The area covered by this deed is as outlined in red on said map . You will notice inmed.ately that the red outline does not correspond to either the Government meander line nor to the line of ordinary hign tide , and this fact is responsible for our present inability to render a full report . We nave been in direct contact with the Land Department in Olympia in trying to determine the authority or lack of authority in the surveying of this line without regard to said meander line or line of ordinary high tide. We hope to have a decision on this shortly and will advise you as soon as possible as to any con- sequences which might result from this inconsistency. At the moment it does not appear too important since the Easterly por- tion of the area is of prime importance. Any area, of course, which lies Easterly of the red line is owned by the State of Washington, and is subject to authority of the U. S. Army Engineer Department - which Department by • the way, might be of tremendous assistance to you, if they have not already been contacted . They will undoubtedly have to be consulted before proLressing with your proposed plans any way. We are satisfied that the said City and County have good titleY to at least tiie main area lying Southerly of the Railroad right- of-way and as far nest as its intersection with the Southerly n.argin of the State Highway near the West line of Section 33 , Township 24 North, Range 1 East , W. M. From there on West con- siderable research will be required to determine the true line to which ownership can be claimed. The Vacated Oyster Reserve is presently subject to two Leases , namely: 1. Lease dated May 27 , 195u, by County of Kitsap and the City of Bremerton, lessors , to McDonald, Taylor & Bruckert, Inc. , lessees , for a term of 1u years , from June 1 , 1950; re- corded June 19, 195u , under Auditor ' s File No . 512833. Re-recording of above Lease under Auditor ' s File No. 534931 . Addendum to above Lease dated April 25 , 1955 , under Auditor ' s File No. 618016, as follows : In accordance with the original ten year Lease, pro- vision was made to negotiate the rental for the second five-year period, it was agreed by the Lessors and Lessees that the rental be raised from $250.00 per year to $350.00 per year, the rental being divided equally between the Lessors . Agreement to extend and modify Lease dated October 17 , 1960, under Auditor ' s File No . 739181 , as follows : Exercising option to Lease for additional ten years , commencing June 1 , 1960 and terminating May 31 , 1970 . 2 . Lease dated May 5 , 1954 , by Kitsap County and City of Bremerton, lessors , to Pacific Tow Boat Company, lessees, for a term of five years , from May 1 , 1954 ; recorded May 18 , 1954, un- der Auditor ' s File No. 594630 . An Unrecorded Extension of Lease dated February 9 , 1959, which shows a termination date of April 30, 1964 . This extension instrument is held in file of the Clerk of City of Bremerton. • There is apparently an assumption that the hashed red line dividing • • • • • • • • • • -3- the South line of the Vacated Oyster Reserve and the North line of the tide land area owned by the City of Bremerton is one and the same. This is not necessarily true since the title of the City of Bremerton would run only to the line of mean low tide . Technically this tide land area which lies East of the extended West line of Government Lot 4 in Section 33 , Township 24 North, Range 1 East, W. M. , is within first class tide lands known as Sidney Tide Lands . Since the State of Washington conveyed these tide lands in 1902 the title can go no farther than mean low tide, and this is as far as the City of Bremerton can claim title. Although roughly speaking the lines may be nearly synon- ymous , nevertheless it appears that the State of Washington might still own a strip of tide lands along the hashed red line area , at least until such time as the State actually surveys and es - tablishes the proper lines . Our records disclose but one effective Lease in this area , namely: Lease dated June 7 , 1950, by City of Bremerton, less- ors , to McDonald, Taylor & Bruckart , Inc . , lessees , for a term of ten years , from June 1, 1960; recorded June 19 , 1950, under . Auditor ' s File No. 512834 , (with option ' to extend for ten years) . Extension and modification of Lease dated October 19 , 1960, which extends the above Lease to May 31, 1970. The tide land area masked in green lying East of the North and' South center line of said Section 33, and Northerly of the State Highway is presently owned by the State of Washington by reason of deeds from the upland owners to the State for Highway pur- poses . First Class tide lands were included in these conveyances which here again are confined to the line of mean low tide. As stated previously, we are at the moment unable to give full report on the far Westerly and Southwesterly portions of the . area, but hope to have this information shortly. We trust that • the above information will be of some use in your deliberations , and, thank you for this opportunity to be of service . Very truly yours , • Chester W. Easton,. • Manager . . • Chg: $45 .00 CWE/an • • •• • • �C. . • • • Aileti chA►t • " DEED f I/ The City of Bremerton, a municipal corporation of the State of Washington, as grantor, for good and valuable consideration, has sold and by these presents does grant, bargin, sell, convey, transfer, and set over to the Bremerton Port District, a political subdivision CD • of the ;State of Washington, the following described vacated Oyster • Reserve of the second class, as defined in Chapter 255 of the Sessions Laws of 1927, situate in Kitsap County, Washington: Tracts 1 and 2 of Vacated State Oyster Reserve, Plat Number 87, located in front of Sections 32 and 33, Township 24 North, Range 1 east; W.M. Subject to the right-of-way of U.S. Naval Stowage and Tran- shipment Facility, Bremerton Branch. And, subject to right-of-way of State Highway 21, Kitsap County, Washington, and subject to the rights of holders of existing leases covering portions of the above described land, and subject to Chapter 8 under 12 of the Sessions Laws of 1927.. and subject to other encumbrances of record. Grantor expressly reserves the right to receive the income from presently existing leases upon the said described tract, to- gether with any income from any extensions or renewals thereof until grantee commences construction of an industrial area requiring the cancellation, condemnation or expiration of any such lease. ty • n ':�y_1"( `l4 irr}{,,�'y ti``rg\ `' ,.:t niN{.ffi '}{ y�•rt�; :4 r".ei.,i ,` .` ''Y�n•vio r.y4 "�f ,4;i •R3,0 47 1 `•. ..T� �� F ii'\ p'7 f' �'K tl kJJ RY' . / C V b S ,�' • •• F Mqy r S v•�N,�,'� +�r �`�.:u.:luf'TM ",- I..�s. .,•+ter,.;+. �'� ,.{u , Ih a {nAxn \^ >" r�, .'e. Or'N `�.1 M •t't r ,FR t J'�+ '+T'P 'tea +5h413 t' . �pky'� '''tF`j' r� l u i .It,Ni i'+�1 S$ �k 3v ¢y��, t :. • a. N'!o"l '�+' . .b a'1+1 i Y ^ti !�� w e ,5 `"P„ti,' 'f ; � • ,7i` e'6",1T }- S 'u s ,. t r r k1 ;5, Ryeks , .,PS ... \ ,d r s• ix• t�:,, hV `^ ,,��C SO' �y'34,14414,"v 4 r�a'1�V 4 �p,c a, ?�+{'1(�aLs, �"yyyQf.M 3Li' h•g,511 �,9�� w„�1M nr >'4� � l� �j+�q �' 9 `• q } d e�.f : '�t• P 'i �F '^+`1 .s ! .F •r.:� °eY 1 444,—. ? "^` wt; r p�lj � �.44 10 : i4 131; • 4 'Qs���j+��1K( ..'l� s Af `.� A 5 :' '� � ?��� . -j�! �yf'�." '� � „, + +. �• W a'Sr•� dib ,a47 6\1 "L�`� V' A. ""111 .11•7-,y,Q1 v Y1 '*' ' n t n Y��"�`'� '1n.met�� aH yr l�y �`4rf�p .� i "'f,^F �6.. wmw mow... n 4 o a �{ r*�e 'l*;o +$':! t r w. �§ ;Tor*:l m + .. i k . 'w'�q�z� ^'lN� �S# ' ""• o At�"'q��� {k 1� ' +!_� ., �!�W '�µ�}�43 • #.7q`;'-1Y,,{{p7��r.{}�iy1. k r ' • :nc .. 1 l a • 4 t„ �` Y '.". ark X1.6 ''`'r4\(#• ..�� 1, 0404 • +'• 'A +c •`.p'4lilG ,k! • . 4;0 (4',"; i,},. krl 1 Fl• l �1 r i y F A, .1 y� ( .114A T0, 0 r �p �t11 LZSyA .641 1a r • i•TI w',1` ter 6. + n- r ! x vSVA f p , r , Tia , • •••,0nl';4:• Cl?,wµ•: tfs Lt -'"*S f J .Zkny�� ,,e F ti 17ti1en¢ �Wo, • s U Cflkej /o —/g62 ✓Jy ` of 66 pzvf 4.4ate" • •i: i'. • • • • In witness whereof the grantor has caused these presents to', be signed, and its corporate seal to be hereunto affixed this day of October, 1962 . City of Bremerton, a municipal corporation • By H. 0. Domstad, Mayor Attest: 11 ft r' . -‘c• ........ MeOciwani. (City Clerk ?A A • 4, 1.4.1 . ir.twiy•TO‘! .t$40!.• 1 ' r, 411 • • 1 it 141. "04 • • f:•,•• ,0 4 •Nk ..•."pf l• •......... . I r s • , • ,476=767-4S VO4-76'6 lag- e-2c4 •••• •• • • . . • .,• • • • STATE OF WASHINGTON ) ) S .S. I. COUNTY OF KITSAP ) ' I On this JA-06 day of October, 1962, before me personally appeared H. O. Domstad and E. H. T. McGowan, to me known to be the Mayor and the City Clerk, respectively, of the City of Bremerton, a municipal corporation of the State of Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said City. IN WITNESS WHEREOF, I have hereunto set my tlei'1p,',vaa:9pI�':� affixed' my :'official seal the day and year first °;�i'jU� jam.,,, ' "! " S. L �/ iii"• / rS\v Notary Public in and fbr'"th�*,%S ate of Washington, residing at Bremerton. J b . • VIM for Rocord ° - e�0,,777 VV V777 Roquu3t of tUi AE CQU11lX h UE COMPANY, MARGARET McPHERSON,*sap Co.AJd(far • • • Vo 7&6 Pte/ 2Y7 • A c1 ,n4,,t sff `'E PIONEER NATIONAL TITLE INSURANCE LIMITED LIABILITY REPORT J-84003 Port of Bremerton 8850 SW State Highway No. 3 Port Orchard, Washington 98366 Date: July 31, 1978 at 8: 00 a.m. This a report as of the date shown above , showing the record title is vested in: CITY of BREMERTON and. COUNTY of KITSAP Covering the following property: Tracts 1 and 2 of Vacated State Oyster Reserve, Plat No. 87 , located in front of Section 32 and 33, township 24 north, range 1 east, 4.M. , in Kitsap County, Washington; EXCEPT right of way of the United States. Naval Stowage and Trans-Shipment Facilities , Bremerton Branch; .ND EXCEPT to right of way of State Highway No. 21. Subject to: 1. General taxes are shown as exempt on the general tax rolls For the year: 1978 2. Establishment of the line of ordinary high water as to a portion Df government lot 1 as provided in decree entered in Kitsap County Superior Court Cause No. 13165 being an action entitled: Independent ksphalt Paving Company, a corporation , plaintiff vs . State of Washington , <itsap County, a municipal and Cispus Logging Company, a corporation, 3efendants. • 3. Right, title and interest of Bremerton Port District as disclosed )y deed recorded February 11, 1962 under auditor ' s file no. 784303. I. A decree dated April 11, 1975 determining that property described ierein is surplus to the needs of Kitsap County as entered in :itsap County Superior Court Cause No. 60538. A lease affecting the premises herein stated, executed by and )etween the parties herein named for the term and upon the terms , :ovenants and conditions therein provided. )ated: May 21, 1975 ,essor: Port of Bremerton, a municipal corporation ,essee: Harley Whitney and Gloria Whitney, his wife recorded: July 11, 1975 .uditor' s No. : 1105085 'erms : ten years (co ) Pioneer National Title Insurance Company P 0 Box 590 n523 FourthStreetBremerton. Washington 98310 206 377 3771 ATICOR COMPANY • • r1j 111 411 J-84003 Page 2 NOTE: We note Resolution No. 1630 by the City of Bremerton authorizing transfer of the interest of the City of Bremerton to the Port of Bremerton, subject to provisions contained therein. NOTE: We note a Resolution of the Bremerton Port Commission dated February 11, 1975 being Resolution No. 75-2 authorizing Port of Bremerton to acquire property described herein , subject to the provisions contained in said resolution. This report is restricted to the use of the addressee , and is not to be used as a basis for closing any transaction affecting title to said property. Liability of the company is limited to the compensation received therefor. AUTHORI SIGNATGRY Charge: $800. 00 Tax : 40. 80 SB/daw • 4. • .4 1 kc A• • ii, LEASE AGREEMENT � / UNIMPROVED PROPERTY (3-j\--)\1 }j\--) " Anderson Creek Staging a THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation organized and existing under the laws of the State of Washington, (hereinafter referred to as "Lessor") , and Daniel Robinson and Diane Robinson, husband and wife, (hereinafter referred to as "Lessee") WITNESSET H: 1. Premises. Lessor is the legal owner of the following described real property: 7 acre parcel (5. 8 acres of uplands) North of SR 16 , about three-quarters of a mile east of Gorst as further depicted on the attached map. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the City the property described above, together with all the rights, privileges, easements and appurtenances thereon (hereinafter referred to as "Leased Premises") , for the uses and purposes described herein. 2 . Term. (a) Feasibility. The parties hereto agree to a feasibility period of ninety (90) days commencing with the date this agreement is fully executed. During this time the Lessee shall have full access to the site to conduct such surveys and tests as it deems necessary to judge the suitability of the site for its intended uses, and shall diligently process necessary land use amendments and development applications. The decision as to acceptability shall be at Lessee' s sole discretion. As consideration for extending an optionto lease the premises, Lessee shall make available to Lessor any studies, surveys, tests, maps or drawings relating to the parcel which are prepared by the Lessee, whether or not the property is accepted for lease. (b) Lease. The balance of this Lease Agreement shall only become effective ten notice from Lessee within ninety (90) days of this .g -eme t th.t the site is acceptable; however this LEASE AGREEME -1- 410 shall not, however, limit the liability of the Lessee hereunder. Lessee may provide this insurance under a blanket policy, provided that said insurance shall have a Lessor ' s protective liability endorsement attached thereto. Lessee shall deliver to Lessor, prior to right of entry, copies of policies of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clause satisfactory to Lessor. No policy shall be cancelable or subject to reduction of coverage. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year below written. LESSEE: DATED: (�'�i1CC.� / yr � J uJ/�� 1171 BY: , P ANI ROBIN ON DIANE ROBINSON LESSOR: CITY OF REMER7 DATED: nOcil LOUIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, Clark APPROVD 0 FORM: / at, 1.,` R. S- EVERS City Attorney LEASE AGREEM 'T -8- Bremerton •.40 Kitsap County Health District February 10, 1998 City of Bremerton E c/o Mayor Lynn Horton ` 239 4th Street FEB 131998 Bremerton, WA 98337 Dept. .•.,. RE: HEAD-OF-BAY DUMP (ELANDEN GARDENS) Utilities City of Bremerton Dear Mayor Horton: The Bremerton-Kitsap County Health District (Health District) is notifying all current owners of property in Kitsap County that have confirmed or suspected landfills located on the property. Based on files on record with the Health District's Solid and Hazardous Waste Program, the City of Bremerton is listed as the taxpayer of record with the Kitsap County Assessor's Office (Tax Identification#332401-3-091-2001) for a property operated as a landfill by the City of Bremerton from 1943-1950. /.; The purpose of this notice is to inform you that this property or a portion thereof was used as a landfill that was permitted under Health District regulations and Washington state regulations. Currently, Bremerton-Kitsap County Board of Health Ordinance 1996-11, Solid Waste Regulations, contains construction restrictions that may apply to this property. In addition, RCW 64.06.020 requires that the presence of a landfill on this property be disclosed to all subsequent buyers for residential purposes. You may wish to consult your attorney before developing or selling this property. Feel free to contact me at (360) 692-3611 if you have any questions concerning this notice. Sincejely, Michelle Miller, Ph.D. Solid and Hazardous Waste Program cc: Willa A. Fisher, BKCHD Don Miles, BKCHD Scott Daniels, BKCHD Gretchen Olsen, KCPW Jim Svensson, KCDCD Project File II.A.11 tihwwg3/terry/project/1 r/elanden.doc POULSBO ANNEX - - —- Solid and Hazardous Waste Program/Water Quality Program J� _5 r1i t 19540 Front Street -""" = Mailing Address: P.O. Box 1076 - Poulsbo, WA 98370-0050 i (360)692-3611 FAX(360)692-6684 f nI 1 1998 f L: t eanvrry' nrrinr 44t* ., wa " U " ATS/T0250 CURRENT SUMP FOR 332401-3-001-2001 170265 10/13/98 : 7 • • .Tax Yr Land Bldg, etc. Total : SINCLAIR INLET WILDLIFE AREA . 1998 58000 0 58000 : KITSAP COUNTY OPEN SPACE . 1999 ( 58000) ( 0) ( 58000) : 614 DIVISION 5 Situs : PORT ORCHARD WA 98366 . 3050 ST HWY 16 C ! 7 8 :Stat/Lc: X/8170 .SECTION 33 TOWNSHIP 24 RANGE 01 (MORE DESCRIPTION ON FILE) :Land use: 91000 .THAT PORTION OF GOVERNMENT LOT 3 , SECTION 33 , TOWNSHIP 24 :Acres: 8. 04 .NORTH, RANGE 1 EAST, W.M. , IN KITSAP COUNTY, WASHINGTON, :Map # : R333-426A.LYING NORTHERLY OF STATE HIGHWAY NO. 14; EXCEPT THE WEST ! 8 7 : Date Price Tp Ic Excise no . Id Date Comments: : 1293 127600 W 9310408 . MG03 940225 T-X FOR 94> PER 93EXC#10408 . ASSR 930525 DNR/FIRE AGMT •• . CM18 920311 REVAL •• . MGO1 870617 ANNUAL UPDATING •• . CM26 860226 REVAL a $ W , ATS'T0250 CURRENT SUMWY FOR 332401-3-016-2004 41170430 10/13/98 7 •• .Tax Yr Land Bldg, etc. Total : U S GOVERNMENT . 1998 383000 0 383000 : NOT AVAILABLE . 1999 ( 383000) ( 0) ( 383000) : AT THIS TIME 00000 5 Situs . 2800 W ST HWY 16 0 • 7 8 :Stat/Lc: X/0195 .SECTION 33 TOWNSHIP 24 RANGE 01 :Land use: 91000 .TDLDS FRTG GOVT LOT 4 LY S OF BDRY TRACT 1 VAC STATE OYSTER :Acres: . 00 .RESV ("BUILDING ONLY" VALUE CARRIED UNDER ACCOUNT NO. :Map #: R333-426A. 332401-3-022-2006) 8 7 : Date Price Tp Ic Excise no . Id Date Comments: CM18 920311 REVAL . DE04 880407 ANNEX/CITY-BREM ORD 4144 . MGO1 870617 ANNUAL UPDATING . CM26 860226 REVAL : ATS/C2330 LEGAL DESC•TION FOR 332401-3-016-200 10/13/98 • • SECTION 33 TOWNSHIP 24 RANGE 1E 1 TDLDS FRTG GOVT LOT 4 LY S OF BDRY TRACT 1 VAC STATE OYSTER 2 RESV ("BUILDING ONLY" VALUE CARRIED UNDER ACCOUNT NO. 3 332401-3-022-2006) • 0 RtF ENC.,,'RS. S :u:. REP F Section a rl owiiship i4 NORTh - Range _L_EA57 !/I ' L 0 T '2- �� I LOT 1 ,' 3 1.0 A 12.5 A � SEEo` /�LARC�E � PLAT .-o --. ' PPo1 (832) I — PQ I _ cA o- _...--,' HIGH TIDE LIN: - - --0- S•BOY.L0T 1 AS • �0- E5T. 8Y S.G.I31 -5 Gam, i' i 7Nerl r 1 _ / • , 1,.•9' iv' , • - - - \I s - Kld-P-1:7-.321 • ' ---VAC._O•(STEFZI::P.NPS \ �I gOIY � — 1 / I • .QPM `o'`o /�------ _/ 14 ' / . al • /41 5E LAP, �— z P�AT 0 5E w 1: LARGE PLAT �. C /: lLu /! e, /,, (1o•.RO.w. o ?• �: n c I-6 _'u I i N r i h N !1 f i :I N !I '.1 OI SE4SW a I 2 ,I :,w4< : ,, ------ * ',. i M 11., 5 . 54 1; c ze;r8 .5.2 . r` It lif-a/CAtri r • • III • 1 ' F i ! '1 ! 'i ill REPORT & ENGINEERING STUDY FOR THE CITY OF BREMERTON'S LOG STAGING PROPERTY IN GORST, WASHINGTON ISUMMARY O i i J i i- L S INTRODUCTION: IThe City of Bremerton is in the process of evaluating several of its land holdings outside of the city limits. Part of the City's I evaluation process involves analyzing the development potential of several of of its strategically located sites. The Log Staging site of Sinclair Inlet at the mouth of Anderson Creek is one such site. I This study was commissioned to provide a preliminary assessment of several key aspects of site utilization, which might affect the development of the property. The areas of analysis include: site I characteristics, soils, bank stabilization, water depth, site access, availability of utilities, and potential uses permitted on the site given zoning and other regulatory measures. The findings of the study are summarized as follows: I • SITE CHARACTERISTICS IThe site is legally described as including approximately 7 acres of area, however the portion above water is approximately 5.8 acres in I size. Most of the site is gently sloping toward the water with the slope gradient of less than 5%. Vegetation on the site is mostly brush, scotchbroan and blackberry vines. The property is physically I situated on the north side of S.R. 160, about 3/4 of a mile east of Gorst. 1 SOILS Soils on the site are typically the same throughout its extent. The I top one to five feet is a canpact silty sand and gravel; below 1.5 feet to a depth of sixto eight feet the fill is solid waste materials; between eight and ten feet the soil turns to a II grayish-blackish silty sand and gravel; ground water was observed at the depth of approximately six to seven feet. Soils found on the site are not suitable for septic tank drainfields. These soils also do not I possess suitable bearing properties to support a foundation. Consequently, if construction requiring stable soils is to take place on the site it will be necessary to install piles, or import suitable !I structural fill materials. , . -1- i ENGINEERING STUDY FOR THE CITY OF BREMERTON'S LOG STAGING PROPERTY IN GORST, WASHINGTON I INTRODUCTION: The City of Brelerton has initiated a process where by they are evaluating several of their land holdings outside the City limits. Amoung the sites under consideration is the Log Staging property situated on the south side of Sinclair Inlet at the mouth of Anderson Creek. A vital concern of the City's is whether or not the site has a potential to be used for commercial or industrial purposes. Due to a limitation of funds to prepare an indepth assessment, the City camnissioned this study. While the analysis is limited in scope, it 11 nevertheless provides a preliminary assessment of several important aspects of site development potential. The areas of analysis include: site characteristics, soils, bank stabilization, water depth, site access, availability of utilities and potential uses of the site given zoning and other regulatory measures. J While is is evident that a more indepth analysis will be required to support a particular kind of development proposal, this report does have value in its presentation of issues and aspects which will influence the ultimate use of the site. The City may also find an additional benefit of this study in that it might be a useful resource for a subsequent appraisal analysis of the property. 11 SITE CHARACTERISTICS Prior to the 1940s the site area described as the log staging property was part of the "Shoreline & Tidelands of Sidney" as platted in 1892. These tidelands were later included as part of State's Oyster Bay reserve. Sometime prior to or during World War II, the State vacated the oyster reserve and allowed that portion of Sinclair Inlet to revert to the jurisdiction of Kitsap County and later the Port of Bremerton. Since the City of Bremerton had acquired a portion of the Sidney platted lands for the Bremerton Water Shed, the City became the new owner of the tidelands. Apparently during World War II the site served as a solid waste landfill, otherwise described as a "dump". Following the war the landfill area was capped with one to two feet of sand and gravel fill material. It is the landfill activity and 11 subsequent water erosion which created the present site configuration. The usable area of the site approximately 5.8 acres in size. -6- I ): t- o : pc O OW M oC O 4 (C c0 in 0 0 1L Oa . _ I- F 0 V O W \ J 0 Z 0 m I v ,IN t.. ' II \ s‘ Q c a 1 Q Z _ m J . . . . _.___ CI II(r . 4 •Iti \. . \ i -AP- _ \ 1i _ c1 .� ml V :. a , z - , • ` •\', : . ... . p....„,,,. .,.tc ,.,," r Y� : D.:\ 1 ' ' lollA -..it OW. A\ . Mir plitill11,,, . 7 . , . :,,r, FA_,,,: -:. .....k . IliiV .... /gi . / tk it , • :: 0,...10 \ ~ it 1\ 4 • 1 • 11 -12- • • SHORELINE MANAGMENT: A Substantial Development Permit will be required for any use implemented on the log staging property. Shoreline permits are first approved by the Kitsap County Board of Commissioners. Once the Commissioners have acted, the permit is then forwarded to the State Department of Ecology for final approval. The permit procss usually takes about 105 days, if processed as a separate permit. Shoreline permits, however, can be combined with rezone and P.U.D. applications to minimize the need for sequential approvals. Shoreline Substantial Development Permits are required for developments taking place within 200 feet of the mean high water mark. The types of developments regulated by the County's Shoreline Master • Program include bulkheads, dredging, filling, site development, etc. Permit applications submitted to the County are evaluated against the Shoreline Master Program's goals and policies, environmental designations and use regulations. The plan Master Program designates the site as urban. The urban designation permits a wide range of uses including commercial and manufacturing. As a proposal is developed for the site, care should be taken to insure the concerns of the County are incorporated in the proposed plan. Appropriate environmental safe guards included in the development scheme will minimize problems in the permit approval process. CORPS OF ENGINEERS PERMITS: In addition to the County's Shoreline Management Permit, permits for the installation of bulkhead, filling or channel dredging, will have to be obtained from the U.S. Army Corps of Engineers - Seattle District. The Corps' permit process, can take as little as 30 to 60 days. Again this permit process can occur simultaneously with the application for other permits. All Corps permits like shoreline permits are reviewed by both Federal and State Agencies. Based on the agency responses, it is sometimes necessary to modify a proposal to comply with concerns of the several reviewing agencies. Typically proposals which include safeguards for water quality, fish and shellfish resources will fair well in the Corps of Engineers' application process. RELATIONSHIP TO THE AQUATIC PRESERVE: At the head of Sinclair Inlet, the Port of Bremerton has set aside an aqautic preserve approximately • 22 acres in size. This aquatic preserve was part of a negoiated agreement with the State Dept. of Ecology at the time that the Port developed the marina in Port Orchard. The agreement was set up in the • mid-sixties and is expected to expire in the mid-1990s. The specifics of that agreement and the implications of the aquatic preserve should not substantially affect the development of the log staging property. This is evident since the aquatic preserve lies about 800 west feet of the subject site. -19- 111 *4,'sc. A itoteA INFORMATIONAL REPORT ON THE GORST AQUATIC NATURAL PRESERVE • Tracts 1 and 2 of the vacated State Oyster Reserve, Plat No. 87, were deeded to the City of Bremerton in 1947. The City then let two leases on this prop- erty; one dated May 27, 1950, to McDonald, Taylor & Bruckart for 10 years. This lease was extended an additional 10 years to 1970. The second dated May 5, 1954, to Pacific Tow Boat Company for a period of 5 years. This lease was extended an additional 5 years to 1964. This same property was deeded to the Bremerton Port District on October 10, 1962, with a re-entry clause if the Port District had not within 10 years entered into a contract for establishment of an industry upon the property. On April 30, 1970, the State Supreme Court decided that transfers of real property between municipalities would be controlled by R.C.W. 39.33.010 which requires an approving decree by the Superior Court in which the property must be determined to be "surplus" to one municipality before it can be transferred to another. Based on this court decision and on the fact that the Port was wanting to develop the property, the Port District requested the City and County (see letter dated Aug. 3, 1970, to Glen Jarstad and Gene Lobe) to cancel existing deed of 1962, to issue new unrestricted deed, and to submit these new deeds to the Superior Court for a decree of approval. The City then signed a "State- ment of Intent" to do this on January 9, 1974. The City then, by Resolution No. 1630, dated 1-22-75, transferred their interest in this property to the Port of Bremerton. Resolution No. 1630 also contains a right-of-re-entry clause, if the Port of Bremerton does not develop the property within 10 years from the date of the transfer. The property was accepted by the Port District Feb. 11, 1975, by Port Commission Resolution No. 75-2. During construction of the Port Orchard marina, the Port District made an agreement in 1973 with the Department of the Interior Fish & Wildlife service that since there would be a loss of "Intertidal Habitat" at the Marina site, the Port District would undertake by some method to restore this habitat. Several restoration projects were looked at including rehabilitation of the landfill site on the South shore of Sinclair Inlet, raising salmon in Gorst Creek, and the creation of an aquatic preserve to protect the Gorst Creek channel. It was determined that the most feasible alternative was to create the Gorst Aquatic Preservie in which no development could take place. It was suggested by the Department of the Interior that this be done by means of the Port leasing or granting easement rights to the State. I cannot determine if this was done or not; I don't think so. The Aquatic Natural Area Preserve was established by the Port of Bremerton Resolution No. 77-9. The Preserve includes approximately 25 acreas, bounded on the East by the North-South state grid line 1,541,000, on the South and West sides by the boundary of the Port owned prop- erty, and on the North by the tideline. The Aquatic Preserve was designated for a period of 20 years from the date of Resolution No. 77-9 dated Oct. 4, 1977. • - * ! INFORMATIONAL REPORT Page 2 September 21, 1984 It appears that the primary questions are: 1) If the City were to claim its re-entry rights as outlined in Resolution No. 1630, would the resolution of the Port District to establish an Aquatic Preserve be void? I I I 1-- a.) r- o Ln w r` N. > r-- 4a c0 orn N a) �' 4JN N U) I ,CN 0 1 I CO O 00 I •r{ O ,-+ f-r .-4 .r-I ,--r ,--r O Pa - >+ N w Cn W c m - ,4 4-) M D, G o a) • I b a) U) 6 c la U �N G W W al 4.J C4 d U W •rl M 0 cr -04 2) If the Aquatic Preserve was created solely by the Port District, would it then be their option to grant us easement across it? 3) If the land is owned either by the Port or by the City, do we even need Corp of Engineers' approval, shorelines management permits, EIS, etc.? I would suggest that we pursue, based on questions No. 2 above, that is we should approach, the Port District in regard to granting us an easement across their Aquatic Preserve. • • Elanden Gardens—Daniel and Diane Robinson Contract History Purpose: Garden retail and display of bonsai. 8/16/91 — 12/31/92 Lease Agreement for feasibility period to determine if site was appropriate for use. Rental amount $100 per month during feasibility period. 1/1/93 — 12/31/96 Amended Lease Agreement for initial four year term. 1/1/97 — 12/31/99 First three year extension 1/1/00 — 12/31/02 Second three year extension Initial rent $300 per month tied to annual CPI increase. Current rent is $346.10 plus leasehold tax of $44.44 totaling $390.54. Request: Mr. and Mrs. Robinson are requesting a long term lease which would enable them to make commitments for future capital improvements to the site. CONTRACT MODIFICATION AGREEMENT This Contract Modification Agreement specifically amends the Lease Agreement (hereinafter "Lease") entered into between the City of BREMERTON, a municipal corporation of the State of Washington, with offices located at 239 4th Street, Bremerton, Washington 98337 (hereinafter "City"), and Daniel Robinson and diane Robinson, husband and wife (hereinafter"Tenant"). RECITALS WHEREAS, the City now owns certain land which Tenant has been leasing since August 1991; and WHEREAS, the term contained in the Lease agreement has expired; and WHEREAS, the parties wish to continue to operate under the terms of the expired Lease while a new lease agreement is negotiated; and NOW, THEREFORE, the City and Tenant agree as follows: AGREEMENT All provisions in the Lease (Attached as Exhibit "A") shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Lease are as follows: Section 2. TERM, is modified to read as follows: This Lease shall be month to month. Either party may terminate this Agreement upon giving Thirty (30) days notice to the other party. This Lease shall continue until terminated by one of the parties. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF BREMERTON Daniel Robinson M �� - , By: Cary ozeman Date�" 3 34111111111111 / © 7 Its: Mayor Lease Amendment - 1 (Between City of Bremerton and Daniel and diane Robinson) CITY OF BREMERTON Daniel Robinson By: Cary Bozeman Date: 3 3:/ p - Its: Mayor Date: dianne Robinson Date: 3 -3/—Q 3 Lease Amendment - 2 (Between City of Bremerton and Daniel and diane Robinson) STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this 4 day of , 2003. f V. �ggION •:j I„ 0•i V °° � •;�,��j i •' N0TAR)' 0' NOTARY UBLIC in and for the S e of • PUBLIC j Washington, residing at • ' WIT/.'-15-' .,:tj \WAS" My commission expires o7152,04. STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Daniel Robinson is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this ‘ e75 day of _lei) , 2003. L. ? • "11- ��o�'SgION—p/Rso��,� • N0TAR y • C • PUBLIC NOTARY UBLI in and for the St to of I tr. • OS ,5 O .��o Washington, residing at , t 10- ) 4%‘,,,OF OF wAS " y00,mag, My commission expires 5//5706 STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) Lease Amendment - 3 (Between City of Bremerton and Daniel and diane Robinson) I certify that I know or have satisfactory evidence that diane Robinson is the person who appeared before me, and acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this ale 6 day of , 2003. . � hFN1 •4 C.CIA_ 1_)4 NOTARY 1UBLIC m and for the Sta of •gr;•p UB� r�. : 1 Washington, residing (11 ‘ My commission expires 5//51,04 . R:\LEGAL\Contracts\Elandan Gardens Lease Amendment.doc Lease Amendment - 4 (Between City of Bremerton and Daniel and diane Robinson) 410 AMENDED LEASE AGREEMENT This Agreement amends the "Lease Agreement" entered into between the City of Bremerton (Lessor) and Daniel Robinson and Diane Robinson executed August 26, 1991. WITNESSETH : 1. Paragraph 2 is hereby amended to read as follows: 2 . Term. (a) Feasibility. The parties hereto agree to a feasibility period from the date this agreement is fully executed to December 31, 1992 . During this time, the Lessees shall have full access to the site to conduct such surveys and tests as it deems necessary to judge the suitability of the site for its intended uses, and shall diligently process necessary land use amendments and development applications. The decision as to acceptability shall be at Lessee ' s sole discretion. As consideration for extending an option to lease the premises, Lessee shall make available to Lessor any studies, surveys, tests, maps or drawings relating to the parcel which are prepared by the Lessee, whether or not the property is accepted for lease. (b) Lease. The balance of this Lease Agreement shall only become effective upon written notice from Lessee by December 31, 1992 , that the site is acceptable. This Lease shall extend for an initial term of four years./ Lessee shall have the option of extending this Lease for two additional three-year terms upon delivering written notice to the City sixty (60) days prior to the expiration of any term. The terms and conditions of this agreement AMENDED LEASE AGREEMENT -1- Robinson.lse - 12/3/92 • I S shall be extended for any optional term, including continuity of rental adjustments under paragraph 5 for the first year of any additional term. 2 . The remaining terms of the above Agreement not inconsistent with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amended Lease Agreement the date and year indicated. LESSEE _ 9 Date DANI - • =Ii N BY• •DIANE ROBI ON CITY OF BREM RTON Date LOUIS MENTOR, MAYOR ATTEST: KATHLEEN McCLUSKEY, Clerk APP 0110 AS TO FORM: IAS SIEVERS, City Attorney AMENDED LEASE AGREEMENT -2- Robinson.Lse - 12/3/92 e • r y` • LEASE AGREEMENT UNIMPROVED PROPERTY Anderson Creek Staging Area THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation organized and existing under the laws of the State of Washington, (hereinafter referred to as "Lessor") , and Daniel Robinson and Diane Robinson, husband and wife, (hereinafter referred to as "Lessee") WITNESSET H: 1. Premises. Lessor is the legal owner of the following described real property: 7 acre parcel (5. 8 acres of uplands) North of SR 16 , about three-quarters of a mile east of Gorst as further depicted on the attached map. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the City the property described above, together with all the rights, privileges, easements and appurtenances thereon (hereinafter referred to as "Leased Premises") , for the uses and purposes described herein. 2 . Term. (a) Feasibility. The parties hereto agree to a feasibility period of ninety (90) days commencing with the date this agreement is fully executed. During this time the Lessee shall have full access to the site to conduct such surveys and tests as it deems necessary to judge the suitability of the site for its intended uses, and shall diligently process necessary land use amendments and development applications. The decision as to acceptability shall be at Lessee' s sole discretion. As consideration for extending an option to lease the premises, Lessee shall make available to Lessor any studies, surveys, tests, maps or drawings relating to the parcel which are prepared by the Lessee, whether or not the property is accepted for lease. (b) Lease. The balance of this Lease Agreement shall only become effective upon written notice from Lessee within ninety (90) days of this agreement that the site is acceptable; however this LEASE AGREEMENT -1- • I period shall be extended by the time necessary to process applications for shoreline, zoning, or permit approvals neccessary for the intended use not to exceed an addition ninety (90) days. This lease shall extend for an initial term of four years. Lessee shall have the option of extending this lease for two additional three year terms upon delivering written notice to the City sixty (60) days prior to the expiration of any term. The terms and conditions of this agreement shall be extended for any optional term, including continuity of rental adjustments under paragraph 5 for the first year of any additional term. 3 . Purposes. The Leased Premises shall be used for a retail garden center. The premises shall not be used for illegal purposes. It is agreed that this lease shall not be construed as the City' s waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. 4. Acceptance of Property. Lessor agrees to lease the property to Lessee subject to the terms of this agreement and Lessee agrees to accept the property in the condition that exists on the date of the execution of this agreement, except as otherwise specified herein. 5. Rent. Upon acceptance of the property for lease, Lessee shall pay One Hundred Dollars ($100. 00) per month for ten (10) months or until the intended use is open for business, whichever is sooner. Thereafter, rent shall increase to Three Hundred Dollars ($300. 00) per month. Rent shall be adjusted on the anniversary date of this agreement based on the percentage change in the Consumer Price Index (All Urban Consumer' s, U. S. City Average) but not to exceed four percent (4%) . Lessee shall pay the current applicable state leasehold excise tax in addition to rent. 6. Utilities, Insurance, and Taxes. This agreement is a net lease. Lessee is required to pay any applicable taxes, assessments, insurance premiums, maintenance and other costs associated with its improvements placed on the property. Lessee also agrees to pay all charges for heat, electricity, garbage, LEASE AGREEMENT -2- 411 411 water, sewer, and for all other public utilities or services which shall be used in or charged against the leased premises during the full term of this lease. 7. Accidents. All personal property on said Leased Premises shall be at the risk of Lessee. Lessor, or Lessor' s agent shall not be liable for theft, or any damage, either to person or property, sustained by Lessee or others, caused by any defects now in said premises or any service facilities, or hereafter occurring therein. Lessee agrees to defend and hold Lessor and Lessor ' s agent harmless from any and all claims for damages suffered or alleged to be suffered in or about the Leased Premises by any person, firm or corporation and from any expenses incurred by Lessor in respect to any such claim, except as occasioned by the neglect of Lessor, or Lessor' s agent or employees. 8. Liens and Insolvency. Lessee shall keep the Leased Premises and the property in which the Leased Premises are situate, free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. In the event Lessee becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the Lessee, the Lessor may cancel this Lease at Lessor' s option. 9. Assignment. Lessee shall not assign this Lease or any part thereof and shall not let or sublet the whole or any portion of the premises without the written consent of Lessor or Lessor ' s agent, which consent shall not be unreasonably withheld. This Lease shall not be assignable by operation of law. If Lessee is a corporation, then any transfer of this Lease from Lessee by merger, consolidation or liquidation and any change in the ownership of, or power to vote, the majority of its outstanding voting stock shall constitute as assignment for the purposes of this paragraph. If consent is once given by the Lessor to the assignment of this Lease, or any interest therein, Lessor shall not be barred from afterwards refusing to consent to any further assignment. LEASE AGREEMENT -3- • 410 10. Hazardous Substances - Indemnity. (a) Except as limited by (b) below, Lessor shall indemnify and hold harmless Lessee from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses of which accrue to or are incurred by Lessee directly or indirectly, from or out of, the discovery or cleanup of hazardous substances on the property which pre-exist this lease. (b) Upon discovery of any hazardous substance on the premises, Lessee shall promptly notify Lessor. Lessor shall have the option to terminate this lease upon thirty (30) days written notice to Lessee, if cleanup of a hazardous substances from the site can be avoided by nonuse of the premises, or if cleanup would interfere with Lessee' s use of the premises so as to incur additional cost under subparagraph (a) . (c) Lessee shall indemnify and hold harmless the Lessor from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by Lessor which arise directly or indirectly from the discovery or cleanup of hazardous substances from the premises which are deposited on the property during the term of this lease. (d) Hazardous substance, shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this lease. 11. Inspection. The City retains the right to enter onto the property at any reasonable time to inspect the property. 12 . Notices. All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, by either LEASE AGREEMENT -4- registered mail or by regular mail with certificate of mailing obtained; addressed to: Bremerton City Clerk Daniel and Diane Robinson 239 Fourth Street 4394 Panther Lake Road West Bremerton, WA. 98310 Bremerton, WA. 98312 13 . Governmental Fees. All fees, taxes, and other governmental charges payable to the City, County, or State during the life of this Lease shall be paid by Lessee, in connection with the use in or about the Leased Premises by Lessee. 14 . Lease Improvements. Lessee shall be responsible for alterations, additions, or improvements to the premises and shall first obtain the consent of the Superintendent of Utilities for the City of Bremerton in writing, and all alterations, additions and improvements which shall be made shall be at the sole cost and expense of Lessee. All improvements shall be removed from the premises at the termination of the lease, unless accepted by the Superintendent of Utilities as part of the premises surrendered, and the property restored to its pre-lease condition, except for vegetation removed. If the Lessee shall perform work with the consent of the Lessor, as aforesaid, Lessee agrees to comply with all laws, ordinances, rules, and regulations of the City of Bremerton in which said premises are located, and any other authorizedublic authority. The Lessee further agrees to save the p y g Lessor free and harmless from damages, loss, or expense arising out of said work. 15. Breach. (a) Default and Entry. If any rents above reserved, or any part thereof, shall be and remain unpaid when the same shall become due, or if Lessee shall violate or default in any of the covenants and agreements herein contained, then the Lessor may cancel this Lease upon giving the notice required by law, and re-enter said premises, but notwithstanding such re-entry by the Lessor, the liability of the Lessee for the rent provided for therein shall not be extinguished for the balance of the term of this Lease and Lessee covenants and agrees to make good to the Lessor any LEASE AGREEMENT -5- I • deficiency arising from a re-entry and re-letting of the premises at a lesser rental than herein agreed. The Lessee shall pay such deficiency each month as the amount thereof is ascertained by the Lessor. (b) Removal of Property. In the event of any entry in, or taking possession of, the Leased Premises as aforesaid, the Lessor shall have the right, but not the obligation to remove from the Leased Premises all personal property located therein, and may store the same in any place selected by Lessor, including, but not limited to, a public warehouse, at the expense and risk of the owners thereof, with the right to sell such stored property, without notice to Lessee, after it has been stored for a period of thirty (30) days or more, the proceeds of such sale to be applied first to the cost of such sale, second to the payment of any other sums of money which may then be due from Lessee to Lessor under any of the terms hereof, the balance if any to be paid Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor' s re-entering and taking possession of the premises or removing and storing the property of Lessee as provided in this Lease, and will save Lessor harmless from loss, costs or damages occasioned by Lessor thereby, and no such re-entry shall be considered or construed to be a forcible entry. (c) Non-Waiver of Breach. The failure of the Lessor to insist upon strict performance of any of the covenants and agreements of this Lease, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such or any other covenants or agreements, but the same shall be and remain in full force and effect. (d) Costs and Attorney Fees. If by reason of any default on the part of Lessee it becomes necessary for the Lessor to employ an attorney or in case Lessor shall bring suit to recover any rent due hereunder, or to recover possession of the Leased Premises, or if Lessee shall bring any action for any relief against Lessor, declaratory or otherwise, arising out of this Lease, the prevailing LEASE AGREEMENT -6- party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be a reasonable attorney fee. 16. Heirs and Successors. Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors, and assigns of any or all of the parties hereto. 17. Hold Harmless. Lessee shall indemnify and hold harmless Lessor against and from any and all claims arising from Lessee ' s use of the premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Lessee in or about the premises. Lessee upon notice from Lessor shall defend any such claim at Lessee' s expense by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises, from any cause other than Lessor' s negligence, and Lessee hereby waives all claims in respect thereof against Lessor. 18. Subrogation. As long as their respective insurers so permit, Lessor and Lessee hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, and the property insurance policies existing for the benefit of the respective parties. Each party shall apply to their insurers to obtain said waivers. Each party shall obtain special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 19 . Liability Insurance. Lessee, shall, at Lessee' s expense, obtain and keep in force during the term of this Lease a policy of comprehensive public liability insurance insuring Lessor and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto. Such insurance shall be in the amount of not less than Five Hundred Thousand Dollars ($500, 000 . 00) for injury or death for one person in any one accident or occurrence. The limit of any such insurance LEASE AGREEMENT -7- • 411 411 • shall not, however, limit the liability of the Lessee hereunder. Lessee may provide this insurance under a blanket policy, provided that said insurance shall have a Lessor's protective liability endorsement attached thereto. Lessee shall deliver to Lessor, prior to right of entry, copies of policies of liability insurance required herein or certificates evidencing the existence and amounts of such insurance with loss payable clause satisfactory to Lessor. No policy shall be cancelable or subject to reduction of coverage. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year below written. LESSEE: DATED: ALIC2444,44 9/ B /� �� %�L.�i ' DANIE ROBINSON • DIANE ROBINSON LESSOR: CIT F BREMER 1:57„ DATED: ?-2b`n LO IS MENTOR, yor ATTEST: KATHLEEN McCLUSKEY, Cle 1 PPROVED AS TO FORM: IAN R. SIEVERS City Attorney LEASE AGREEMENT -8- 411 STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) On this day, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared DANIEL ROBINSON and DIANE ROBINSON, husband and wife, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 1991. Notary Public in and for the State of Washington, residing at My appointment expires: STATE OF WASHINGTON ) . ss. COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. McCluskey, Bremerton City Clerk, of the City of Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of , 1991. 1 Notary Public in and for pie State of Washington, residing at: - tet My appointment expires: .Z ' -Z . LEASE AGREEMENT -9- LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "Lease") is between the CITY of BREMERTON, a municipal corporation of the State of Washington, with offices located at 239 Fourth Street, Bremerton, Washington 98337 (hereinafter "City"), and Daniel Robinson and diane Robinson, husband and wife (hereinafter"Lessee"). RECITALS WHEREAS, the City now owns certain land which Lessee has been leasing since August 1991; and WHEREAS, it is the parties' desire to enter into a fifteen (15) year lease to allow Lessee to continue to carry on its business; and NOW, THEREFORE,the City and Lessee agree as follows: AGREEMENT 1. PROPERTY. 1.1 Property Defined. The City leases to Lessee and Lessee leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions set forth in this Lease (collectively the "Property" or"Leased Property"). 1.2 Survey, Maps, and Plans. Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 1.3 Inspection. The City makes no representation regarding the condition of the Property, or the improvements located on the Property. 2. USE. 2.1 Permitted Use. Lessee shall use the Property for a retail garden center and tourist attraction (the "Permitted Use") and for no other business or purpose, without the prior written consent of the City. The Property shall not be used for illegal purposes. It is agreed that this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. 2.2 Restrictions on Use. Lessee shall not cause or permit any damage to natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling activity to occur on the Property without required permits. This requirement may pertain to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property, except as is permitted herein and performed in the ordinary course of the business of Lessee's greenhouse business and except as otherwise approved in writing by the Lease Agreement- 1 (Between City of Bremerton and Daniel and diane Robinson) City. If Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 2.2, the City shall notify Lessee and provide Lessee a reasonable deadline to take all steps necessary to remedy the failure. If Lessee fails to do so in a timely manner,then the City may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon demand by the City, Lessee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. This section shall not in any way limit Lessee's liability under Section 8, below. The covenants contained in Section 2.2 shall survive expiration or termination of this Lease.. 2.3 Conformance with Laws. Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. 2.4 Liens and Encumbrances. Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 3. TERM. 3.1 Term Defined. The term of this Lease is fifteen(15) years (the "Term"), beginning on the 1st day of May, 2004 (the "Commencement Date"), and ending on the 30th day of April, 2019 (the "Termination Date"), unless terminated sooner under the terms of this Lease. 3.2 Option to Extend. Lessee shall have the option of extending this lease for up to 4 additional 5 year terms upon delivering written notice to the City sixty(60) days prior to the expiration of the term subject to the City and Lessee mutually agreeing upon a new lease payment for each option. If this option is exercised, the Lessee and the City shall each gain the additional right to terminate the extended portion of the lease as provided for in Section 3.3(a) of this agreement. 3.3 Right to Terminate Early. (a) If Lessee exercises its option to extend the lease under section 3.2, the parties shall have the following additional rights under this agreement. Lessee shall have the right to terminate the lease at any time during the lease option term upon giving the City one year prior written notice of termination. If the City determines that the Property is once again needed for Utility or other City purposes,the City may terminate the lease, without cost or penalties, at any time during the lease option term upon giving the Lessee one year prior written notice of termination. (b) If, however, during the initial fifteen(15)year term or any lease option term of this lease, the City is required to perform remediation on the Property by any state or federal agency,then the City may terminate this lease upon giving the Lessee one year prior written notice of termination. In the event the city needs to obtain access to the Property during the notice period to perform remediation, the Lessee will cooperate with the City to allow access that does not unreasonably interfere with Lessee's use of the Property. 3.4 End of Term. Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City in the same or better condition as existed on August 1991, the date Lessee originally took possession of the property, reasonable wear and tear excepted. 3.5 Hold Over. If Lessee remains in possession of the Property after the Termination Date,the occupancy shall not constitute an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be Lease Agreement- 2 (Between City of Bremerton and Daniel and diane Robinson) terminated by either party on thirty(30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice,then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law. 4. LEASE PAYMENT. 4.1 Monthly Payment. During the initial fifteen (15) year term of this lease, Lessee shall pay to the City a monthly payment of Four Hundred Dollars ($400.00), plus the leasehold tax of 12.84 percent as set forth in Section 5 for a total monthly payment of $451.36 ("Lease Payment"). The first installment shall be due and payable on or before the Commencement Date, and subsequent installments shall be due and payable on or before the same day of each month thereafter. 4.2 Payment Place. Payment is to be made to the City of Bremerton, Attn: Finance Director, 239 Fourth Street, Bremerton, Washington 98337. 5. OTHER EXPENSES. During the Term, Lessee shall pay the following additional expenses: 5.1 Utilities. Lessee shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, stormwater, water, gas, and telephone service. 5.2 Taxes and Assessments. Lessee shall pay all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever, applicable or attributable to the Property, Lessee's leasehold interest,the improvements, or Lessee's use and enjoyment of the Property. 5.3 Right to Contest. Lessee may, in good faith, contest through any established appeal process or similar procedure any tax or assessment at its sole cost and expense. At the request of the City, Lessee shall furnish reasonable protection in the form of a bond or other security, satisfactory to the City, against any loss or liability by reason of such contest. 5.4 Proof of Payment. Lessee shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 5.5 Failure to Pay. If Lessee fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost in accordance with the provisions of Section 6, unless Lessee has contested any amount due pursuant to Section 5.3 above. 6. LATE PAYMENTS AND OTHER CHARGES. 6.1 Late Charge. If any rental payment is not received by the City within ten (10) days of the date due, Lessee shall pay to the City a late charge equal to four percent (4%) of the amount of the lease to defray the overhead expenses of the City incident to the delay. 6.2 Interest Penalty for Past Due Lease Payments and Other Sums Owed. If a Lease Payment is not paid within thirty (30) days of the date due, then Lessee shall, in addition to paying the late charges determined under Subsection 6.1, above, pay interest on the amount Lease Agreement- 3 (Between City of Bremerton and Daniel and diane Robinson) outstanding at the rate of one percent (1%)per month until paid. If the City pays or advances any amounts for or on behalf of Lessee, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Section 2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Lessee shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent(1%)per month from the date the City notifies Lessee of the payment or advance unless Lessee has contested any amount due pursuant to Section 5.3 above. 6.3 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Lessee pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. 7. IMPROVEMENTS. 7.1 Lessee-Owned Improvements. So long as this Lease remains in effect, Lessee shall retain ownership of all Existing Improvements and all authorized improvements and trade fixtures it may place on the Property (collectively "Lessee-Owned Improvements"). Lessee- Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined in Subsection 7.4 below. No Lessee-Owned Improvements shall be placed on the Property without the City's prior written consent. 7.2 Construction. Prior to Lessee commencing any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Lessee- Owned), Lessee shall submit to the City plans and specifications which describe the proposed activity. Construction shall not commence until the City has approved those plans and specifications in writing and Lessee has obtained a performance and payment bond in an amount equal to 100% of the estimated cost of construction. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. The City shall have thirty (30) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days. Upon completion of construction, Lessee shall promptly provide the City with as-built plans and specifications. The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. 7.3 Removal. Unless otherwise agreed by the City in writing, Lessee-Owned Improvements shall be removed by Lessee by the Termination Date. If the Lessee-Owned Improvements remain on the Property after the Termination Date, they shall become the property of the City without payment by the City. 7.4 Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 7.2 or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately Lease Agreement-4 (Between City of Bremerton and Daniel and thane Robinson) become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal. 8. HAZARDOUS SUBSTANCES—INDEMNITY. 8.1 Except as limited by 8.2 below, City shall indemnify and hold harmless Lessee from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses of which accrue to or are incurred by Lessee directly or indirectly, from or out of, the discovery or cleanup of hazardous substances on the property which pre-exist this lease. 8.2 Upon discovery of any hazardous substance on the Property, Lessee shall promptly notify the City. 8.3 City shall have the option to terminate this lease upon thirty (30) days written notice to Lessee, if cleanup of a hazardous substance from the site can be avoided by nonuse of the Property, or if cleanup would interfere with Lessee's use of the Property so as to incur additional cost under subparagraph 8.1. 8.4 Lessee shall indemnify and hold harmless the City from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by the City which arise directly or indirectly from the discovery or cleanup of hazardous substances from the premises which are deposited on the Property during the term of this lease. 8.5 Hazardous substance shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this lease. 9. ASSIGNMENT AND SUBLETTING. 9.1 City Consent Required. Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City. In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Lessee. 9.2 Rent Payments Following Assignment. The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. 10. INDEMNITY. 10.1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any act or omission by Lessee any officer, agent, employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or Lease Agreement - 5 (Between City of Bremerton and Daniel and diane Robinson) agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property, in or on said building(s), or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of or in connection with Lessee's use and occupancy of said Property. City agrees and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement. 10.2 Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of Section 10 shall survive the expiration or termination of this Lease. 11. INSURANCE. 11.1 General Commercial Liability Insurance. Lessee agrees to procure and maintain in force during the term of this Lease and any extension thereof, at its expense, general commercial general liability insurance. This insurance shall be adequate to protect against liability for damage claims through public use of or from accidents or other liability arising out of Lessee's use or occupancy of the Property and buildings thereon. This insurance shall be in a minimum amount of$1,000,000 combined single limit per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage which may be covered under a blanket policy. Lessee agrees that, if such insurance policies are not kept in force during the term of this Lease and any extension thereof, the City may procure the necessary insurance, pay the premium therefor, and that such premium shall be repaid to the City on demand. The City shall be named as an additional insured as to liability arising out of the Property and buildings thereon and the insurance of Lessee shall be the primary insurance as to said liability. 11.2 Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance(s)required in this Lease. 11.3 Subrogation. The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 12. MAINTENANCE AND REPAIR. Lease Agreement- 6 (Between City of Bremerton and Daniel and thane Robinson) 12.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. 12.2 Lessee's Repairs, Alteration, Maintenance and Replacement. (a) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements (regardless of ownership) in good order and repair, in a clean, attractive, and safe condition. (b) Lessee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority. (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. 13. DAMAGE OR DESTRUCTION. 13.1 In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City. 13.2 Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property. 14. DEFAULT AND REMEDIES. 14.1 Acts Constituting Default. Lessee shall be in default of this Lease on the occurrence of any of the following: (a) Failure to pay Rent or other expenses when due; (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other provision of this Lease; (d) Failure to cure a default pursuant to Section 14.2 below; or (e) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees'property. 14.2 Failure to Cure. A default shall become an event of default("Event of Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default. 14.3 City's Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease and remove Lessee by summary proceedings or otherwise. The City may also, without terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate. If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Lessee to the City; (2) to the payment of any cost of such reletting; (3) to the payment of the cost of any alterations and repairs to the Property; and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease. Any balance shall be held by the City and applied to Lessee's future rent as it becomes due. Lessee shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the Lease Agreement - 7 (Between City of Bremerton and Daniel and thane Robinson) City gives a written notice of termination to Lessee or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default. 15. ENTRY BY THE CITY. The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon twenty-four (24) hours notice. The City and/or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property. 16. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested,to the following addresses or to such other places as the parties may direct in writing from time to time: The City: Director of Public Works and Utilities City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Lessee:Daniel and diane Robinson Elandan Gardens 3050 W. State Highway 16 Bremerton, WA 98312 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 17. MISCELLANEOUS. 17.1 Authority. Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. 17.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties,their successors and assigns. 17.3 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. 17.4 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of Lease Agreement- 8 (Between City of Bremerton and Daniel and thane Robinson) any preceding or existing breach other than the failure to pay the particular rental payment that was accepted. 17.5 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 17.6 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 17.7 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 17.8 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. 17.9 Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 17.10 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 17.11 Quiet Enjoyment. The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns. City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease. 17.12 Recording of Short Form Lease. Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this lease, setting forth a description of the Property, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded. 17.13. Duplicate Originals. This Lease Agreement may be executed in duplicate originals. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY " 'i,— Daniel Robinson f By: Cary Bozeman Date: 2c 04447 o Its: Mayor Date: aR-01/ diane Robinson Date: 5—Zp —0 Sf Lease Agreement- 9 (Between City of Bremerton and Daniel and drone Robinson) APPROVED AS TO FORM: r �► / -- 'og! A. Lubovich, City Aorntt ey STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this odd, day of� , 2004. L. f ..; N NOTAR PUB IC in and for file State of v P11k3L:1�� Washington, residing at4i44.4�„ m 1 sem•• GS G a®# My commission expires S//57&,. 111q of wa ,,, ,• STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Daniel Robinson is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this d( day of , 2004. LL. ir,Z�.•�assion, Y;tF;y • • > . NOTARI' PUBL C in and for the tate of •• Y �1� �'Uf l r Jam. Q, yt=� s i Washington, residing at (D . X141 • S'15-O •.'�o�'/ My commission expires.5//57OO. WASO Lease Agreement - 10 (Between City of Bremerton and Daniel and diane Robinson) STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that diane Robinson is the person who appeared before me, and acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this 1fl/day of 5F. , 2004. NOTAR UBLI in and for the ate of pB�"}' •_/� Washington, residing at Ire s:1:. \�� ii My commission expires 5/45706. OF WAS,, R:\LEGAL\Contracts\Elandan Gardens Lease-Final(2004).doc Lease Agreement - 11 (Between City of Bremerton and Daniel and diane Robinson) • REF ENC:KS. Range RED section Township 24 NORTH Range I F AST u a LOT 2 / LOT 1 3 1.0 A j 12.5 A -- SEE `��.ARE� PLAT gyp/ • • R332) I ' HIGH TIDE LIN: \� gyp- S.Boy.LOT I AS '' EST BY S.G.131 S / MSL'• '� 0., . `. Q . Alliorir , • - - • btE-'MNF.-R321 =YAC__ONSTSRLA AVS SGC of• FILL /\------7 •.�1�.� �_- . .QPt r. 1', ( \ / /��, --o- 1..- 1 I. LOT 3 \ P"� r: 34,7 A • j LOT 4 ' f' 5EE LAR �/ o I ,; 1: PLAT • i F SEE Z •LARGE PLAT S a is I i, :+: m iii 10..R.O.w. u. t', f1. ; -' .. F, N /f !U I II 'L If NN II \ i Iv 1I NII • I 5E.45 W 4 I Z 11 .,w 4, • Tax Description Tax Account No. Process No. Situs Address 332401-3-016-2004 111170430 Il 33241E TDLDS FRTG GOVT LOT 4 LY S OF BDRY TRACT I VAC STATE OYSTER RESV(BUILDING ONLY VALUE CARRIED UNDER ACCOUNT NO.332401-3- 022-2006) A A r • RESOLUTION NO. a 7A 3 .A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring certain public utility property surplus to the City's needs and approving a negotiated lease of the property in accordance with the provisions of RCW 35.94.040 and BMC 2.78.010. WHEREAS, the City has received an offer to lease the public utility property as set forth in the lease agreement set forth in Attachment"A"and legally described in Exhibit"A" attached to the lease agreement from Daniel and diane Robinson, for$400.00 per month plus the leasehold tax of 12.84%, for a total monthly payment of$451.36; and WHEREAS, the City Council has determined that the property is surplus to the City's needs and is not required for providing continued public utility service; and WHEREAS,pursuant to RCW 35.94.040, a public hearing was held on April 14, 2004 relating to the proposed surplus and negotiated lease of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public utility property legally described in Exhibit"A"to Attachment"A" is hereby declared surplus to the City's needs and is not required for providing continued public utility service. SECTION 2. The lease of the above-mentioned property creates a benefit to the City and the greater community and therefore a negotiated lease is hereby authorized pursuant to BMC 2.78.010 and. SECTION 3. The Mayor is hereby authorized to finalize and execute a lease agreement with substantially the same terms and conditions as set forth in the proposed agreement attached as Exhibit A, authorizing the lease of the property to Daniel and diane Robinson, for$400.00 per month plus the leasehold tax of 12.84%, for a total monthly payment of$451.36. SECTION 4. The Mayor is further authorized to execute any and all other documents necessary to complete the transaction. SECTION S. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 1 Surplus and Lease of Public Utility Property ✓ _ SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. qica„,...e,PASSED by the City Council of the City of Bremerton, Washington this Aim) day of , 2004. DAREN NYGREN,` •uncil President APPROVED AS TO FORM: ATTEST: 411111111 401411°A1,,fiFiNr„,/: APAPliw • ..ER A. LUBOVICH, City Attorney J i HNy• , team City Clerk R:\LEGAL\Resolutions\Surplus and Negotiated Sale Resolution Elanden Gardens.doc 2 Surplus and Lease of Public Utility Property DATE SUBMITTED: 3/24/04 BILL# oy- opt AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: PUBLIC HEARING AND Committee Meeting Date: -3/30/04 -6,_c4L RESOLUTION ON SURPLUS AND COUNCIL MEETING Date: 4/14/04 LEASE OF UTILITY LAND TO OWNERS Department: Finance/PW&U OF ELANDAN GARDENS Presenter: M Wilson& P Lucas Phone: 473-5590 SUMMARY The City has received an offer from Dan and diane Robinson, owners of Elandan Gardens, to continue to lease the utility property. The property is not currently used for public utility service nor will it be required for providing utility service in the future. The City and greater community would be better served by the lease of the property. The lease is for a term of 16 years, ATTACHMENTS: Proposed Resolution with exhibits FISCAL IMPACTS (Include Budgeted Amount) Proposed Lease amount is $400 per month plus 12.84% leasehold tax to total $451 per month. Rent is subject to annual. CPI adjustment. APPROVALS: DEPARTMENT DIRECTOR: ___ _ Z...)�(� CITY ATTORNEY: FINANCE DIRECTOR: �9► , MAYOR: e... ...:- ler4:300. FISCAL/BUDGET: � :---, l CONSENT AGENDA ❑ OPERATIONS: % / I __.._._.. COUNCIL PRESIDENT: • 1 RECOMMENDED MOTION: I move to pass Resolution# 2 9 declaring the public utility property surplus, approving a negotiated lease of the property pursuant to BMC 2.78.010 to Daniel and diane Robinson and authorizing the Mayor to execute any and all documents necessary to close the transaction. COUNCIL ACTION: Approve ❑ Deny ❑ Table (1 Continue 0 No Action • • 11. 111 PUBLIC WORKS AND UTILITIES 3027 Olympus Drive•Bremerton,WA 98310-4799•(360)478-5318 • FAX(360)478-5018 October 12, 1998 Rick Gagnon, P.E. 3.04— Utility Engineer2..,:c .s.0.,(4.i.s--,4___s2__________- Kitsap County Department of Public Works 614 Division Street, MS-27 Port Orchard, Washington 98366 Subject: Gorst L.I.D. Formation Dear Rick: Please find enclosed the original copy of the petition signed by Mayor Lynn S. Horton. We are still in the process of researching on the City's ownership of the parcel. We will forward the proof of ownership to you as soon it becomes available. You may contact me at(360)478-5315 if you have any questions. Sincer•ly, ' ht., W. Eugene Sampley, P.E. Director of Public Works and Utilities /ga c: Kathleen L. McCluskey, City Clerk File Enclosure * Equal Opportunity Employer * • • .• 44 ..7 ',71". K,��u� � C.vL•^Jsy • • c0-pij -,a 441114--( ,$w7 Kitsap County Department of Public Works 614 Division Street(MS-27),Port Orchard,WA 98366-4699 R. W. Casteel,P.E.,Director October 6, 1998 Mr. Gene Sampley City of Bremerton OPT �- 239 4th St. 6 1998 Bremerton, WA 98337-1877 , City/ft- - RE: Gorst LID Petition Letter "` Dear Gene, Enclosed is a petition letter for Mayor Horton's signature. Please have the mayor sign and return the petition letter to me, rather than Gene Lobe. However, we have been unable to verify the City's ownership of the parcel. Kathy Coon in the County Assessor's office has not been able to find a copy of the transfer of ownership from the State or U.S. Government to the City. She also said that the title company has not been able to find a deed or conveyance for the property. Before we will be able to validate the signature for this parcel we will need to have the City provide the documentation of ownership and have it filed with the auditor's office. Please feel free to contact me at 337-7124 if you have any questions. Sincerely, Rick Gagnon, P.E. Utility Engineer Roads/Engineering 360-337-7121 • Utilities Information 360-377-7127 • FAX 360-377-4867 • The Open Line 360-337-5777 Toll free from Poulsbo/Kingston 360-698-3368,Bainbridge Island 206-742-2061 and Olalla 206-851-4147 — printed on recycled paper — • • CITY OF BREMERTON December 17, 1997 239 4th ST. BREMERTON, WA 98337-1877 Dear Property Owner: We are asking your assistance in resolving the significant public health problem caused by failing drain fields in the Gorst area. In order to install the sewers that will solve the problem, a Local Improvement District(LID) must be formed to provide the fmancing method that will pay for the design and construction of the sewers. We are proposing to petition the Board of County Commissioners to establish the LID and need the signatures of owners of 51% of the area within the LID boundary. By signing the lower portion of this letter, your signatures will be added to the official petition that will be presented to the County Commissioners. If you agree that the public health problem in the Gorst area needs to be resolved, please consider signing this letter in the spaces indicated below. After signing, please return this letter to: Gene Lobe Dist., Inc. 4105 West State Hwy. 16 Bremerton, WA 9 83 12 Thank you for your assitance in this matter. Please feel free to contact me at 373-8161 if you have any questions. Sincerely, Gene Lobe We the owners, according to the record of the Kitsap County Auditor, of the property within the boundaries described in the Petiton, do petition the Board of Commissioners of Kitsap county to form a Local Improvement District for the purpose of design and Construction of sanitary sewage collection facilities to serve the area of Gorst defined as a Severe Public Health Hazard by the Washington State Department of Health, and administered by the Bremerton-Kitsap County Health District. 332401-3-016-2004 p w 4th ST CITY OF BREMERTON Signature: ' ^ 239 C / ' ,. BREMERTON, WA 98337-1877 Signature: 1 / • Inter-Office Communication 1.`,. ( -� ' Date `� / j. 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I VICINITY MAP I -5- • tOG NO. KI TSAP BANK I SBA LOAN DEPARTMENT 1476 OLNEY AVENUE ■ SUITE 102 ■ PORT ORCHARD,WA 98366-0968 • (360)876-2297 ■ FAX(360)876-7885 April 5, 1996 Ms. Diane and Mr. Daniel Robinson Elandan Gardens Limited 3050 West State Hwy 16 Port Orchard, Washington 98366 Dear Diane and Daniel Robinson: Now that your loan has been submitted to the SBA, we need you to begin accumulating the remaining documents needed to close your loan. Furnished below is a list of those documents: O Memorandum of Lease executed by landlord; signature must be notorized. (see enclosed form) O Landlord Consent and Waiver executed by landlord. Signature must be notorized. (see enclosed form) o Business casualty insurance, Loss Payee Endorsement, for full replacement value. We know you are anxious to close your loan as soon as possible. In order to accomplish this, we need to review these documents to confirm that they meet SBA requirements. Since this review must be completed before we can schedule a loan closing, we urge you to provide these documents as soon as possible. Please call me if you have any questions regarding these documents or the SBA loan process. Sincerely, ---C*-1/ ' 7' L. Scott D. Harvey Vice President Enclosures cc: Donna Harty, Vice President& Manager, Belfair Branch • LANDLORD'S CONSENT l�rincipatao�tntt<te �Ifta#urs taan tatoit Cofiatera Accountffcer lndials::,`: �. 04.01-199fi:... .. rattiotiv�...u....,. .: .. References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Borrower: DANIEL M ROBINSON Lender: KITSAP BANK DIANE ROBINSON PO BOX 9 3050 W ST HWY 16 PORT ORCHARD,WA 98366 PORT ORCHARD,WA 98366-0000 THIS LANDLORD'S CONSENT Is entered Into among DANIEL M ROBINSON and DIANE ROBINSON("Borrower"),whose address Is 3050 W ST HWY 16,PORT ORCHARD,WA 98366-0000; KITSAP BANK ("Lender"),whose address Is PO BOX 9, PORT ORCHARD,WA 98366;and City of Bremerton ("Landlord"), whose address Is . Borrower and Lender have entered into, or are about to enter into, an agreement whereby Lender has acquired or will acquire a security interest or other interest in the Collateral. Some or all of the Collateral may be affixed or otherwise become located on the Premises. To induce Lender to extend the Loan to Borrower against such security interest in the Collateral and for other valuable consideration, Landlord hereby agrees with Lender and Borrower as follows. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States of America. Agreement. The word "Agreement"means this Landlord's Consent, as this Landlord's Consent may be amended or modified from time to time, together with all exhibits and schedules attached to this Landlord's Consent from time to time. Borrower. The word"Borrower"means DANIEL M ROBINSON and DIANE ROBINSON. Collateral. The word "Collateral"means certain of Borrower's personal property in which Lender has acquired or will acquire a security interest, including without limitation the following specific property: Landlord. The word"Landlord"means City of Bremerton. The term"Landlord"is used for convenience purposes only. Landlord's interest in the Premises may be that of a fee owner, lessor, sublessor or lienholder, or that of any other holder of an interest in the Premises which may be, or may become,prior to the Interest of Lender. Lease. The word"Lease"means that certain lease of the Premises,dated December 29, 1992,between Landlord and Borrower. Lender. The word"Lender"means KITSAP BANK,its successors and assigns. Loan. The word"Loan"means the loan, or any other financial accommodations,Lender has made or is making to Borrower. Premises. The word "Premises"means the real property located in Kitsap County, State of Washington,commonly known as 3050 State Hwy 16 West,Port Orchard,WA 98366,and legally described as: That portion of Section 33,Township 24 N, Range 1 East WM,described as follows: The tidelands fronting Government Lot 4,lying South of the boundary of Tract 1 vacated state oyster reserve. BORROWER'S ASSIGNMENT OF LEASE. Borrower hereby assigns to Lender all of Borrower's rights in the Lease, as partial security for the Loan. The parties intend that this assignment will be a present transfer to Lender of all of Borrower's rights under the Lease, subject to Borrower's rights to use the Premises and enjoy the benefits of the Lease while not in default on the Loan or Lease. Upon full performance by Borrower under the Loan, this assignment shall be ended, without the necessity of any further action by any of the parties. This assignment includes all renewals of and amendments to the Lease or the Loan,until the Loan is paid in full. No amendments may be made to the Lease without Lender's prior written consent, which shall not be unreasonably withheld or delayed. CONSENT OF LANDLORD. Landlord consents to the above assignment. If Borrower defaults under the Loan or the Lease, Lender may reassign the Lease, and Landlord agrees that Landlord's consent to any such reassignment will not be unreasonably withheld or delayed. So long as Lender has not entered the Premises for the purpose of operating a business, Lender will have no liability under the Lease, including without limitation liability for rent. Whether or not Lender enters into possession of the Premises for any purpose, Borrower will remain fully liable for all obligations of Borrower as lessee under the Lease. While Lender is in possession of the Premises, Lender will cause all payments due under the Lease and attributable to that period of time to be made to Landlord. If Lender later reassigns the Lease or vacates the Premises,Lender will have no further obligation to Landlord. LEASE DEFAULTS. Both Borrower and Landlord agree and represent to Lender that, to the best of their knowledge, there is no breach or offset existing under the Lease or under any other agreement between Borrower and Landlord. Landlord agrees not to terminate the Lease, despite any default by Borrower,without giving Lender written notice of the default and an opportunity to cure the default within a period of sixty(60)days from the receipt of the notice. If the default is one that cannot reasonably be cured by Lender (such as insolvency, bankruptcy, or other judicial proceedings against Borrower), then Landlord will not terminate the Lease so long as Landlord receives all sums due under the Lease for the period during which Lender is in possession of the Premises,or so long as Lender reassigns the Lease to a new lessee reasonably satisfactory to Landlord. DISCLAIMER OF INTEREST. Landlord hereby consents to Lender's security interest(or other interest)in the Collateral and disclaims all interests,liens and claims which Landlord now has or may hereafter acquire in the Collateral. Landlord agrees that any lien or claim it may now have or may hereafter have in the Collateral will be subject at all times to Lender's security interest (or other present or future interest) in the Collateral and will be subject to the rights granted by Landlord to Lender in this Agreement. ENTRY ONTO PREMISES. Landlord and Borrower grant to Lender the right to enter upon the Premises for the purpose of removing the Collateral from the Premises or conducting sales of the Collateral on the Premises. The rights granted to Lender in this Agreement will continue until a reasonable time after Lender receives notice in writing from Landlord that Borrower no longer is in lawful possession of the Premises. If Lender enters onto the Premises and removes the Collateral, Lender agrees with Landlord not to remove any Collateral in such a way that the Premises are damaged,without either repairing any such damage or reimbursing Landlord for the cost of repair. MISCELLANEOUS PROVISIONS. This Agreement shall extend to and bind the respective heirs, personal representatives, successors and assigns of the parties to this Agreement. The covenants of Borrower and Landlord respecting subordination of the claim or claims of Landlord in favor of Lender shall extend to, include, and be enforceable by any transferee or endorsee to whom Lender may transfer any claim or claims to which this Agreement shall apply. Lender need not accept this Agreement in writing or otherwise to make it effective. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If Landlord is other than 'n individual, any anent nr other person executing this Agreement on behalf of Landlord represents and warrants to Lender that he or she has full power and authority to execute this Agreement on Landlord's behalf. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Lender. Without notice to Landlord and without affecting the validity of this Consent, Lender may do or not do anything it deems appropriate or necessary with respect to the Loan, any obligors on the Loan, or any Collateral for the Loan; including without limitation extending, renewing, rearranging,or accelerating any of the Loan indebtedness. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not constitute a waiver of or prejudice Lender's right otherwise to demand strict compliance with that provision or any other provision. Whenever consent by Lender is required in this Agreement, the granting of such consent by Lender in any one instance shall not constitute continuing consent to subsequent instances where such consent is required. EACH BORROWER AND LANDLORD ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS LANDLORD'S CONSENT, AND EACH BORROWER AND LANDLORD AGREES TO ITS TERMS. THIS AGREEMENT IS DATED APRIL 1,1996. BORROWER: X ........ X.:> DANIEL M ROBINSON DIANE ROBINSON • 4110 I1AO'12ON1'6096104012•Ed lZ'Ed lZ•E3SIG-VMI'P9AJas9Js)q piIltl •001'9901AJ9SOJdLO9661(0)gOZ'E'AA'•))0'W'14')'d'S'fltoFJ'OHdkJ3Stll JI93IUO Pazuoglny aJlnpud'S a,pJo uvi :Ag $ iiii';3`�'';;;;;:;:>::=;:;;;;..;;=;,.;:::r;>;;..":'':"';::;:;:�::":"':":?�::.....:::::��:::::.-::;:.:::::�:.�:r..:•:•..::.::::-•:::•�:-, .::•::..:::•. NNV9 dYSJ IN uopawe g ao AII3 :E13aN31 :UHOIUNYI (panuquo3) oN ueol Z aced 1N3SNO3 S,Quo1aNH1 9661-10-170 STATE OF [ 4 'y ' ) • County of �,k _ t 1-f)4 J On this 11 day of Clprr , A. D. 19`f( , before me, the under- signed, a Notary Public in and for the State of 1�)Q , duly commissioned and sworn personally appeared 1-NnS H .40r4-D Irl ted. to me known to be the r Premed "Seeretos3r, respectively, of - �C i OC- QX'2i n o(\, +he- Yv\Ux' o GOrpc r0.k-i t5-n t that executed the foregoing instrument, and acknowledged the said instrument to be the free and volun- tary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that She authorized to execute the said instrument . .. - WITNESS my hand and official seal hereto affixed the day and year in this certit4&ite above writt en. • • ' I Nota Public is and for1heh tai o �if_ ' { 5- - 1 residing at� _ .�(�, C—L(LA- YY LOV\\or\;S S;(45(1` -e s: 1 O/c 9 E (Acknowledgment by Corporation. Pioneer National title Insurance Co Farm L 29) _..._.._ _.. _.-..__._..._--.-__,,.. .,�... _.--.._.xv+•x.vw<..tiNvF±.FVTiMI^.�.,.4:na.es.:e .-:..,.- i i Kitsap Bank • P.O. Box 968 Port Orchard, WA 98366 WHEN RECORDED MAIL TO THE ABOVE: Re: (for recorder's use) No: MEMORANDUM OF LEASE This Memorandum of Lease is made and entered into by and between City of Bremerton herein called "Lessor", and Daniel Robinson and Diane Robinson herein called "Lessee", to witness that: ]. Lessor hereby leases to Lessee for a term of ten years Commencing on 12/31 /92 , and expiring on 12/31 /02 with starting monthly payments of$ 3 0 0 .0 0 , on the terms and conditions set forth in that certain Lease by and between the parties hereto dated 12/29/92 . All the terms and conditions of said Lease are made a part hereof, as though fully set forth herein, with respect to all those certain premises in the County of Kitsap , commonly known as 3050 State Hwy 16 West , Port Orchard Washington ( 98366 ) and more Zip Code particularly described as follows: That portion of Section 33 , Township 24 N , Range 1 East WM, described as follows : The tidelands fronting Government Lot 4 , lying South of the boundary of Tract 1 vacated State Oyster Reserve , Dated:Q-Au..;-c.c.<_, /7, /9 96 Date: Cr-pl-,) „I. -44. Lessor City of Bremerton Lessee Daniel Robinson 0739 144 3050 State Hwy 16 West Address Address C�//`t 9'337 Port Orchard , WA 98366 By: By: Daniel Robinson By: By: diane Robinson (This document must be executed in the presence of a Notary Public) Theodore(Ted) Samlan,ri---- • development Review WIWashington State Department of Transportation Sid Morrison Washington Stats Department of Transportation �, District 3 Secretary of Transportation April 13, 1994 5720 Capitol Blvd.,Tumwater PO Box 47440 Olympia,WA 98504-7440 Elandan Gardens (206)357.2767 %.0 Fax(206)357-2601 „ 0 4394 Panther Lake Road West Bremerton, WA 98312 Attention: Dan Robinson Phone: (206) 373-8260 SR 16 C.S. 1806 Access Connection Permit M94-0027 Mile Post 28.321 Right E.C. File #91010 - K Dear Mr. and Mrs. Robinson: Attached is your executed original Access ConnectionPermit allowing you to perform the indicated work within the state highway right-of-way. The LEASE AGREEMENT between the city of Bremerton and the Robinsons, executed on August 26, 1991, is acceptable to the Department. A copy of this lease agreement is on file at District 3. It is the Grantee's responsibility to provide the Department with updates to this agreement as they occur. The bonding requirement of this permit is satisfied by a $2,000.00 "Assignment of Escrow" at the "First Interstate Bank of Washington" in Bremerton, WA., and shall be held until all work under this permit has been completed and approved by the Department. Before beginning work on this approach, please contact both the Area Maintenance Superintendent and the Utility Underground Locate Center to advise them of your planned work, starting date, and location. The Area Maintenance Superintendent's phone number is on front of the Special Provision page, and the Utility Underground Locate Center phone number is 1-800-424-5555. No work is authorized within the state highway right-of-way until this notice is given. Upon completion of work on this approach you will need to make a written request for inspection and release of escrow as provided under Special Provision No. 22 to the Area Maintenance Superintendent. It is your responsibility to provide any release of escrow forms required by "First Interstate Bank". Sincerely DAVID B. HTLDERBRANT, P.E. Assistant Transportation Planning Engineer DBH TLS cc: Kitsap County -City of Bremerton/239-4th Street/Bremerton, WA 98310 (Atten: Randy Witt) M. McGill . Washington State Access Snnection Permit Department of Trans ation CS 1806 SR 16 Permit No. M94-027 District No. 3 Name and Address of Applicant: Elandan Gardens do Dan Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Phone: (206) 373-8260 The Applicant, hereinafter referred to as the "Grantee," having applied for a permit to reconstruct, upgrade, use, and maintain, within the state right-of-way a gated Type "D" (WB 40) road approach to serve a Bonsai public touring garden, a retail gift and coffee shop, a pavilion, and parking area, at Mile Post 28.321, right side, located in the Northeast 1/4 of the Southwest 1/4 of Section 33, Township 24 North, Range 1 East, W.M., on a portion of State Route No. 16 in Kitsap County, Washington,the Washington State Department of Transportation or its designee, hereinafter referred to as the "Department," hereby orders that this permit be granted, subject to the terms and provisions stated upon the reverse hereof and Exhibits attached hereto and by this reference made a part hereof: Exhibit "A" — Special Provisions for Highway Encroachments, Pages 1, 2, & 3 Exhibit "B". Detailed site plans showing access location. Pages 1, 2 and 3 Exhibit "C". Traffic Control Plans. Pages 1 and 2 NOTE: No other access will be granted from the state route to this property. This access point will be signed for only right-in and right-out turning movements This permit shall be void unless the construction herein contemplated is started within 90 days of issuance and completed within 120 days of issuance, unless otherwise provided herein. Completion date March 31, 1995 This permit is accepted and approved by the Grantee subject to the terms and provisions as herein set forth. GRANTEE DEPARTMENT OF TRANSPORTATION By: ��� �.� By: Title: Title: Assistant Transportation Planning Engineer Date: Date of Issuance: DOT Form 224-005X Omni) 7192 S ettal Provisions for Washington State p Department of Transportation Highway Encroachments Permit No. M94-027 Applicable provisions are denoted by (X) A 1. No work provided for herein shall be performed until the Grantee is authorized by the following Department representative: Marvin (Casey) McGill Area Maintenance Superintendent 8293 Spring Creek Road, Port Orchard, Washington 98366-9613 Phone: (206) 895-4753 g 2. Prior to the beginning of construction,a preconstruction conference shall be held at which the Department and the Grantee and Grantee's engineer, contractor, and inspector shall be present. X 3. Should the Grantee choose to perform the work outlined herein with other than its own forces,a representative of the Grantee shall be present at all times unless otherwise agreed to by the District representative. All contact between the Department and the Grantee's contractor shall be through the representative of the Grantee.Where the Grantee chooses to perform the work with its own forces, it may elect to appoint one of its own employees engaged in the construction as its representative. Failure to comply with this provision shall be grounds for restricting any further work by the Grantee within the State right of way until said requirement is met.The Grantee, at its own expense, shall adequately police and supervise all work on the above described project by itself,its contractor,subcontractor,agent,and others,so as not to endanger or injure any person or property. X 4. A copy of the permit must be on the job site and protected from the elements at all times during any of the construction authorized by said permit. X 5. This permit does not give the Grantee or any agent or contractor of the Grantee any rights to cut, spray, retard, remove, destroy,damage,disfigure or in any way modify the physical condition of any vegetative material located on the highway right of way, except by written permission from the Department or for purposes as described by No. 6 if denoted below. All restoration shall be done to the satisfaction of the Department at the sole expense of the Grantee. 6. If necessary to increase sight distance, brush shall be removed from both sides of the access connection and stumps shall be removed. The indiscriminate cutting of merchantable timber or disfiguring of any feature of scenic value shall not be permitted. 7. The access connection(s)shall be constructed in accordance with the attached Sufficient length of -inch diameter culvert pipe shall be placed in ditch and laid to a true line and grade.The access connection(s)shall be surfaced to the limits as shown on the plan with a 6-inch minimum compacted depth of gravel base material and a 3-inch compacted depth of crushed surfacing top course.Asphalt paving will not be required. Finished grade of the access connection shall be in accordance with the profile control as shown on the attached plan. Directing of surface water from private property to Department right of way will not be permitted, unless otherwise approved by the Department. y 8. The access connection(s)shall be constructed in accordance with the attached TVrrppee "D" Plate 40 ' Sufficient length of NN//A -inch diameter culvert pipe shall be placed in ditch arrti`laid to a true line'and grade. The access connection(s)shfilfbe surfaced to the limits as shown on the plan with a 6-inch minimum compacted depth of gravel base material a 3-inch minimum compacted depth of crushed surfacing top course and paved with a 3-inch minimum compacted depth of Asphaltic Concrete Class B unless otherwise specified by the Department. Any existing oil mat on shoulder or roadway shall be removed and new pavement laid to a butt joint with existing pavement. Finished grade of new pavement shall be in accordance with the profile control as shown on attached plan. Directing of surface water from private property onto Department right of way will not be permitted, unless otherwise approved by the Department. 9. All buildings and appurtenances shall be so located at a distance from the right of way line of any State Highway that none of the right of way therefore is required for use of the patrons or customers of any such establishment.Grantee shall comply with local building codes. Set-back requirements for the location of buildings in relation to the right of way line are a function of local authorities, and they should be consulted regarding requirements that must be adhered to. DOT Form 224-713X Page 1 Exhibit "A" Revised 9792 M94-027 • • Page 3 of 3 Elandan Gardens Special Provisions (Continued) X 26. Any future development of this property, such as the "Phase II" construction of the Gallery, or if the average daily traffic (ADT) approaches 50 units, will require the Grantee to have a licensed traffic engineer develop plans for a right-turn lane and a possible acceleration lane to be reviewed and approved by WSDOT. The Grantee is responsible for the installation and funding of the approved right-turn and the acceleration lane. The Grantee will need to enter into an agreement with the Department in order to perform this work. X 27. This approach shall be reconstructed and upgraded to meet the current type "D" road approach standards (See attached Plate for WB 40). The down slope from the edge of pavement shall be constructed at a -0.05 feet/foot down and away from the highway with the driveway centerline perpendicular to the State Route. Any problems created by surface water runoff directed toward the state highway must be alleviated at the Grantee's expense. Please review the type "D" template for details. X 28. Special care should be taken during construction of this approach to insure that water from this approach will not flow onto SR 16. Any problems created by surface water runoff directed toward the state highway must be alleviated at the Grantee's expense. X 29. Asphalt paving of this access shall be extended from the shoulder line of SR 16 out to the right-of-way line at the Grantee's expense. All materials used within the state right-of-way shall be to WSDOT standards. X 30 The Grantee shall use the approved traffic control plans as provided in Exhibit "C". It is the Grantee's responsibility to provide adequate traffic control and protection to ensure the safety of the traveling public, all personnel, and equipment, working within the state right-of-way. If necessary, the Grantee shall provide certified flaggers for the purpose of protecting the traveling public. X 31. Any proposed landscaping or fencing within the Department's right-of-way must not infringe on the sight distance or the roadside clear zone. The disturbed area within the Department's right-of-way shall be contoured, graded, seeded, fertilized, and mulched at the Grantee's expense to reduce erosion and problems with surface drainage. X 32. The Grantee is responsible for all permits, coordination, work, and expenses associated with any utility relocation, or service connection fees. X 33. The Grantee is responsible for obtaining a construction permit and all other pertinent permits from Kitsap County or other agencies, if applicable, prior to beginning work. X 34. Bonding will be held on this approach until all work is completed to the Satisfaction of the Department. X 35. This access shall be fenced, gated, and locked, except when in use. X 36. 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O0 W > Eitripp r W. j•cic; , mu, 0 . 3 1- ;N a�116111111j1111 ( 4 :.'"c"a Ft N 'W 1111131/111 L ---\ o OIIfI��IllEll� O o c aui� �(�JadoJd o . . T 1111E���ti11���1 c„, 'Zi � �I �; 01 � I¢ > I E s/ ! 111111111!� )a cn o IZ J „dol-- --- m II !1! E1G; o W 011H1111 o E m W .� 'SQ` c a a o _� o -T ' II • o 7 W C BIgoJtsea O •� L O m NTMI.0£ �• Z ' a tin s_ a5C t c r ( o U E • o a r , cn m Ni�� o d r aUI1 XpadoJd 0-r-V� N c ' t t QO •o o . Uc c E E o u U > I aT. o E 4.1 rCA � W J C c r, T N a G X 3 w O O ~ Lo. rn y o 1 COMMERCIAL APPROACH - SINGLE APPROACH TYPE D Figure 920-2a 920-4 Design Manual June 1989 • • ASSIGNMENT OF ESCROW ACCOUNT This assignment is for the purpose of fulfilling the requirement of bonding collateral for Permit M94-027 . The undersigned does hereby assign, transfer, and set over unto the State of Washington all right, title and interest in and to $2.000.00 on 4/7/94 /Account in the FIRST INTERSTATE Bank, in the name of Dan Robinson full power and authority to demand, collect, and receive said deposit and to give receipt and acquittance therefor for the uses and purposes prescribed above. It is understood and agreed that BREMERTON Branch_ FIRST INTERSTATE OF WA Bank holds the Certificate covering said account in its possession and agrees to hold.. $2,000.00 until a release of this assignment from the State of Washington is received. The interest shall be payable to Dan Robinson Signed and dated at BREMERTON , Washington this 7TH day of APRIL 199 4 CDA#0111946876 , Account No. Signature— ye-/_.21-(-(-de)4 Signature /-A-ef 4/-41/ Address 2 er7•i Wet ?,SS�z ACCEPTANCE The undersigned hereby accepts the foregoing Assignment of Escrow Certificate, Voucher Number CDA#0111946876 , in the amount of $2.000.00 this 7TH day of APRIL , 199 4 FIRST INTERSTATE BANK OF WA, N.A. escrow Officer BANK (206)478-8655 2602 SIXTH STREET, BREMERTON, WA 98312 Phone No. of Bank Address of Bank RECEIVED APR 111994 TY OF BREMERT .N ADMINISTRATIVE SERVICES • KATHLEEN McCLUSKEY,DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard January 26, 1994 Mr. Bill Sibbett Trinity River Marine P. 0. Box 229 Indianola, WA 98342 Dear Mr. Sibbett: You recently requested approval to off-load timber from a barge at the Anderson Creek property owned by the city and leased by the Robinson's. I have reviewed your request with our Community Development Director and we determined that no permits are required by the City of Bremerton. Please make sure that you are in compliance with any applicable State or Federal requirements and that you obtain the approval of Mr. Robinson to transport over the property he leases from the City of Bremerton. Sincerely, Kathleen L. McCluskey, Dir ctor Administrative Services KLM:ch 239 4TH STREET ■ BREMERTON,WA 98310 ■ (206)478-5290 An Equal Opporlrnity Employer $11/ 1111 j4 OF BRA Z 40-4=r, • ••..... OFFICE OF THE CITY TREASURER 239 4th Street • Bremerton,WA 98337 • (360)478-5210 • FAX(360)478-5200 January 22, 1996 Mr. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 RE: Lease-Anderson Creek Staging Area Dear Mr. Robinson: Per the terms of your lease with the City your rent is to be adjusted annually on the anniversary of the lease by the change in the Consumer Price Index. Effective January 1, 1996 your monthly lease will increase to $324.58 (316.35 x 1.026). In addition the state leasehold tax will be $41.68 for a total monthly payment of$366.26. The change is reflected on the your January statement. Sincerely, — ) Cathe ne Jo 5.1 Assistant Treasurer • Celebrating 50 Years of Freedom • -TY OF BREMERT • ■ OFFICE OF THE CITY TREASURER ■ Gateway to the Olympics and Home of the Puget Sound Naval Shipyard January 19, 1995 Mr. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 RE: Lease - Anderson Creek Staging Area Dear Mr. Robinson: Per the terms of your lease with the City your rent is to be adjusted annually on the anniversary of the lease by the change in the Consumer Price Index. Effective January 1, 1995 your monthly lease will increase to $316. 35 (308. 10 x 1. 027) . In addition the state leasehold tax will be $40. 62 for a total monthly payment of $356. 97 . The change is reflected on the enclosed statement. Sincerely, Catherin6 I nson Assistant Treasurer 239 4TH STREET ■ BREMERTON,WA 98310 ■ (206)478-5210 ■ FAX(206)478-5200 An Fqua!Opporlunily Employer ( U t ■ OFFICE OF THE CITY TREASURER ■ Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City January 13 , 1994 Mr. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 RE: Lease - Anderson Creek Staging Area Dear Mr. Robinson: Per the terms of your lease with the City your rent is to be adjusted annually on the anniversary of the lease by the change in the Consumer Price Index. Effective January 1, 1994 your monthly lease will increase to $308. 10 ($300. 00 x 1. 027) . In addition the state leasehold tax will be $39.56 for a total monthly payment of $347. 66. The additional amount for January will be reflected on your February statement. Sincerely, Cath-rine 'nso Assistant Treasurer 239 4TH STREET ■ BREMERTON,WA 98310 ■ (206)478-5210 An EqualOpportunity Employer • s c u c • ADMINISTRATIVE SERVICES ■ KATHLEEN McCLUSKEY,DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard January 21, 1997 Mr. Dan Robinson 4394 Panther Lake Road W Bremerton, Washington 98312 Dear Mr. Robinson: The first four year term of your lease expired on 12/31/96. It can be extended for two additional three year terms (six years total)upon receiving written notice from you requesting the extension. Please provide me with your letter for my records. Thanks. Sincerely, Kathleen L. McCluskey, Director Administrative Services KLM:ch 239 4TH STREET ■ BREMERTON,WA 98337 • (360)478-5290 ■ FAX(360)478-5200 An Equal Opporlunly Employer r lip • 1 G��� OF BR--4-- sekO 2 ..... ammo ,..iiiii..._ OFFICE OF THE CITY TREASURER 239 4th Street • Bremerton,WA 98337 • (360)478-5210 • FAX(360)478-5200 January 13, 1997 Mr. Daniel Robinson ' 4394 Panther Lake road West Bremerton, WA 98312 RE: Lease-Anderson Creek Staging Area Dear Mr. Robinson: Per the terms of your lease with the City your rent is to be adjusted annually on the anniversary of the lease by the change in the Consumer Price Index. Effective January 1, 1997 your monthly lease will increase to $335.29 (324.58 x 1.033). In addition the state leasehold tax will be $43.05 for a total monthly payment of$378.34. The change is reflected on your January statement. Sincerely, 4a '0) Cathy 'on Assistant Treasurer • Celebrating 50 Years of Freedom • elandan GARDENS Kathleen McClusky,Director Administrative Services City of Bremerton 239 4th Street Bremerton,Washington 98337 February 14, 1997 Dear Mrs.McClusky; This letter is to formally request an extension of our lease for two additional three year terms. Thank you for your consideration in this matter. Respectfully, diane Robinson Elandan Gardens y1 mow. 3050 West State HWY 16 Port Orchard,WA 98366 Phone& Fax 360.373.8260 • ,CITY OF BREMER1 • N ADMINISTRATIVE SERVICES ■ KATHLEEN McCLUSKEY,DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard December 31, 1992 Daniel and Diane Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Dear Dan and Diane: Enclosed is your fully executed copy of the amended lease agreement. Please make payment in the amount of $100 per month commencing January 1, 1993 directly to the City Treasurer's office. Sincerely, ,r Kathleen L. McCluskey Director of Administrative Services KLM:eh enclosure cc: Cathy Johnson CSS • 239 4TH STREET ■ BREMERTON,WA 98310 ■ (206)478-5290 An Equal Opportunity Employer • C u C ■ OFFICE OF THE CITY CLERK ■ Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City December 3 , 1992 Mr. and Mrs. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Dear Dan and Diane: Enclosed is a copy of the amended lease agreement for signature. Please return both copies to my attention after signing, a fully executed copy will be returned for your records. The feasibility period was extended to December 31 , 1992 . Rent of $100 per month will commence January 1, 1993 for a period of ten months. At the end of ten months the rent will increase to $300 per month. Please provide me with the insurance certificate as soon as possible. A Business and Occupations tax license is required. I trust that any outstanding permits or approvals required will be obtained prior to commencing operation. Sincerely, Kathleen L. McCluskey Director of Administrative Services KLM:nn Enclosures 239 4TH STREET ■ BREMERTON,WA 98310 ■ (206)478-5290 An Equal Opportunity Employer 1 III • AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: AMENDED LEASE FOR AGENDA OF: Dec. 2 , 1992 AGREEMENT ORIGINATING DEPT: Admin. Servicesv.lt . ANDERSON CREEK ORIGINATOR: K. McCluskey ROBINSON DATE SUBMITTED: Oct. 26, 1992 2 . CLEARANCES: (comment on back 3 . EXHIBITS: if necessary) CityAttorney F-- i) �_ / Utilit/yDi ENDORSEME INFO T O APPROVED BY COUNCIL PRESIDENT FOR SMITTAL: MAYOR I COUNCIL PRESIDENT ----, 4 . SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached lease of utility owned property at Anderson Creek was approved by Council July 17, 1991. The 90 day feasibility period has been exceeded due to the amount of time necessary to conduct surveys and obtain permits. The Robinsons are now prepared to proceed with the project. An amendment to the lease term is required. 8 . RECOMMENDATION: 9 . RESPONSIBLE OFFICIAL: Utility ENFORCEMENT OFFICIAL: Utility EXPIRATION DATE: 11/96 REVIEW DATE: 9/1/96 10. NOTICE ACTION PULLED TABLED pationv DISAPPROVED AMENDED V9PRInvr DEC 2 1992 COUNCIL DIRECTIVE: C c eil,\'O _ DATE: 11. AGENDA BILL NO: qa' ;1-'1 q 1 • • 2 . CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Loss of revenue: $100 per month - ten months $300 per month - thereafter subject to CPI 6. ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7 . RESEARCH SOURCES: AGENDA BILL 2 • . Elandan Gardens Dan Robinson 4394 Panther Lake Rd Bremerton, Wa 98312 November 16 , 1992 Kathleen McCluskey City of Bremerton 239 4th Street Bremerton, Washington 98310 Dear Kathleen: It is with real pleasure that after two years we are able to consumate our lease agreement. This letter is a formal notification of acceptance of the Gorst parcel of land adjacent to Highway 16 . Noting there is a personnel change, we are confident the city will be cooperative in assisting this project work through the many details needed to get this Garden off the ground. My wife and I will be out of town December 2 , the day the City Council votes on our amended lease. Assuming approval , we anticipate our first month rent will be paid January 1 , 1993 . We will provide a certificate of insurance at that time. We believe Elandan Gardens will be a source of pride for the community. Thank you for your assistance. S ' c-rely, ' / Cita/MA Dan Robinson ' Elandan Gardens • • Inter-Office Communication � ,.-- a 1 �� Date + �z/ /....-2-'..."'''-- City of Bremerton �� To /C�- 74 / z " From r,....1 Subject - l 0 s_ • (4 f f C-7//4-412--1----A---(7" )4- I '-vle---' C-7/,-- /--A /--/'?)41- e"- 11/--j°--4---- * .1,---2,1e, 2.7- <--,yam ,s -11 1"/LelyfeLe---. C/4?- at..-A---__ n W---- h I z - - ,,.....„...t.. . Please reply on reverse • I Cityof Bremerton VA' 239 FOURTH STREET m 4M e a r MW BREMERTON,WASHINGTON 98310 (206)478-5252 BMiriG MAYOR GENE LOBE ADMINISTRATIVE SERVICES ■ KATHLEEN McCLUSKEY,DIRECTOR e. Gateway to the Olympics and Home of the Puget Sound Naval Shipyard October 27, 1992 Mr. and Mrs. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Dear Mr. & Mrs. Robinson: Because the terms of section two of the agreement have been exceeded, it is necessary to execute an amended lease agreement. This will be presented to the City Council on Monday, November 9, 1992 . Please sign and return the original and one copy, also include your written notice prior to October 31, 1992 that the site is acceptable. Please give me a call if you have any questions. Sincerely, Kathleen L. McCluskey Director of Administrative Services KLM:eh enclosures 239 4TH STREET • BREMERTON,WA 98310 ■ (206)478-5290 An Equal Opportunity Employer ,ITY OF BREMER1 N Date: September 28, 1992 To: Kathleen McCluskey, Admin. Services Director From: Jack Allingham, Planning Divisio./� Subj : Anderson Creek Lease with Robinsons Our department has reviewed the Sept. 25, 1992 memo to Ian Sievers, City Attorney regarding the lease of the Anderson creek site to the Robinsons. A shoreline conditional use permit has been issued for the proposed garden development subject to several various conditions. Compliance with these conditions should not be a requirement of the lease, but will be reviewed prior to granting of final occupancy after site development. Our department has no objection to the city entering in the lease agreement. cc: Ian Sievers w/attachment giljr 14111111.rallINITTMM.91111 SSP 29. Dates," September 28, 1992 To: Kathleen McCluskey, Admin. Services Director From: Jack Allingham, Planning Divisio Subj : Anderson Creek Lease with Robinsons Our department has reviewed the Sept. 25, 1992 memo to Ian Sievers, City Attorney regarding the lease of the Anderson creek site to the Robinsons. A shoreline conditional use permit has been issued for the proposed garden development subject to several various conditions. Compliance with these conditions should not be a requirement of the lease, but will be reviewed prior to granting of final occupancy after site development. Our department has no objection to the city entering in the lease agreement. cc: Ian Sievers w/attachment • 111 CIT Y O F BR EM ERT C:0 INT ADM I N I S TRAT I VE S ERV ICES MEMORANDUM 17' Stp Stp 25 X99 BUaO/IVGEM`RTON BEPgRrMBNj P Date: September 25, 1992 To: Ian Sievers, City Attorney From: Kathleen McCluskey, Admin. Services Director \( — Re: Anderson Creek Lease with Robinsons - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is a copy of the lease agreement with Diane and Dan Robinson for the Anderson Creek property. Diane called yesterday and informed me that they have now received all necessary approvals from the Department of Transportation, DOE and our Planning Department. She would like to proceed to the next step which is rental of $100 for ten months while they develop the property. As all the timelines specified in the lease have been missed do we need an amendment? We should probably also get a certification from the Planning Department that all conditions have been met. If anything further is needed from the obinsons they can be reached at 275-6761. KM: eh attachment cc: Don Pratt w/attachment Allan( OF' BREMERAN ADMINISTRATIVE SERVICES MEMORANDUM LOG NO O 1 II Date: September 25, 1992 To: Ian Sievers, City Attorney From: Kathleen McCluskey, Admin. Services Director Vv‘..1%-- Re: Anderson Creek Lease with Robinsons - - - - - - - - - - - - - - - - - - Attached is a copy of the lease agreement with Diane and Dan Robinson for the Anderson Creek property. Diane called yesterday and informed me that they have now received all necessary approvals from the Department of Transportation, DOE and our Planning Department. She would like to proceed to the next step which is rental of $100 for ten months while they develop the property. As all the timelines specified in the lease have been missed do we need an amendment? We should probably also get a certification---- from the Planning Department that all conditions have been met. If anything further is needed from the Robinsons they can be reached at 275-6761. KM:eh attachment cc: Don Pratt w/attachment JOI TY OF BREMERQON ADMINISTRATIVE SERVICES MEMORANDUM Date: September 25, 1992 To: Ian Sievers, City Attorney From: Kathleen McCluskey, Admin. Services Director Vv161 -- Re: Anderson Creek Lease with Robinsons - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Attached is a copy of the lease agreement with Diane and Dan Robinson for the Anderson Creek property. Diane called yesterday and informed me that they have now received all necessary approvals from the Department of Transportation, DOE and our Planning Department. She would like to proceed to the next step which is rental of $100 for ten months while they develop the property. As all the timelines specified in the lease have been missed do we need an amendment? We should probably also get a certification from the Planning Department that all conditions have been met. If anything further is needed from the Robinsons they can be reached at 275-6761. KM:eh attachment cc: Don Pratt w/attachment 0111121.1TIMET1Minrrillti ADMINISTRATIVE SERVICES ■ KATHLEEN McCLUSKEY,DIRECTOR liil'ik ,rte :4y -r .-.x. r Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City August 26, 1991 Mr. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Dear Dan: Enclosed is your fully executed copy of the lease for the Anderson Creek Staging area. Monthly lease payments should be directed to the City Treasurer. Please provide the certificate of insurance as specified in Section 19 of the lease before commencing any work in the lease area. This sound like an exciting project. Good luck! Sincerely, A<c Kathleen L. McCluskey Director of Administrative Services KLM:eh enclosure cc: Bill Duffy w/attachment I Cathy Johnson w/attachment Peggy Lesser w/attachment 239 4TH STREET ■ BREMERTON,WA 98310 ■ (206)478-5290 An Equal Opportunity Employer • : c ADMINISTRATIVE SERVICES ■ KATHLEEN McCLUSKEY,DIRECTOR it: ,, A„,,,,,,.-,_ , .. N, ._ „„_,---, Gateway to the Olympics and Home of the,Puget Sound Naval Shipyard America's Most Liveable City July 22, 1991 Daniel and Diane Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Dear Mr. & Mrs. Robinson: Enclosed please find three (3) copies of the lease agreement of unimproved property (Anderson Creek Staging Area) as approved by City Council at their July 17, 1991 meeting. Please sign and return ' all copies to my attention. One fully executed copy will be returned for your records. Please comply with liability insurance requirements as specified in section 19 of the agreement. Sincerely, Kathleen L. McCluskey Director of Administrative Services /eh enclosures 239 4TH STREET ■ BREMERTON,WA 98310 ■ (206)478-5290 An Egwal OpponknitY Emptoyr. 1 111 1 Inter-Office Communication Date Y 7 6-7 City of Bremerton ,hb;, ax , , , , To e;‘' From �i.r Subject 14wL i�"i_ e � 1 AVA" /eL .6e4)4 ,.:,..,e.....)4N.‹.___...e..<_....4,0____. „._.,...,:_.) 4.e.......2 1 )1424..._e_.z.e.., , vIz ;tz_1 „,ez., , 4-4,,,,e, w., /I /..,-...,42,..„,__,,c2_e_i „ ,, „, /e.ift-,...,,f-9/4,.....„ I56--- ,a- . f., (i Gum , .` ; a Z't�' .ai 0 /(674.40, L-4_, 9104- ' e�a1 -" 'Xa i itlf7L- 04eAte-694 (-.-/7) (lcce PI ase reply on reverse • I CITY COUNCIL , AL COLVIN City'of Bremerton, District 1 47- 239 239 FOURTH STREET m... i MORRIE DAWKINS BREMERTON,WASHINGTON 98310 District 2 (206)478-5252 HANK WAIBEL , o District 3 9'MING� LON OVERSON District 4 SHIRLEY MARTY CRUTCHER MAYOR GENE LOBE District 5 LYNN HORTON District 6 C.R. "TINY" COLLINS District 7 SPENCER HORNING District 8 RUSS JOHNSON District 9 .0 Inter-Office Communication 4IL_-._ ,__,-- Date G '/ City of Bremerton Ay To A./ !!_, We_ / / j // / From elff ' Subject yrs. _� _ i1_fi'��.��i _i/L�%. i� ' ./ .. .,/ 1 --lee/4er-k /F. ..,, i_eq..c.. I c - ,6--xces.-2<j /3)- , w--e__, A)-01----e--'--'e--., -74 ,_ p,e,- 4_,,,-,- ,4-- ..,e4--e- c77-01-4-c,- d_litz-. / c--2---$44—.1 . Z. i , 1:7ezia......40..„„ Z a )144-'. 6- , .1 -. ."141-64 i /' r �Qi .�71-2---/ ,91/ 9A15/26-74,, 'itP Please reply on reverse t(jh� --A.-<:' •46 CITY COUNCIL • AL COLVIN 9Clty'of Bremerton, ♦�' District 1 239 FOURTH STREET P/4MeR' • MORRIE DAWKINS BREMERTON,WASHINGTON 98310 �i District 2 (206)478-5252 (."1*-_ HANK WAIBEL 1.:41 District 3 s � LON OVERSON District 4 MAYOR GENE LOBE SHIRLEY MARTY CRUTCHER District 5 LYNN HORTON District 6 C.R. "TINY" COLLINS District 7 SPENCER HORNING District 8 RUSS JOHNSON District 9 41101MWIIIFI ADMINISTRATIVE SERVICES ■ KATHLEEN McCLLSKEY,DIRECTOR le, Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City August 26, 1991 Mr. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Dear Dan: Enclosed is your fully executed copy of the lease for the Anderson Creek Staging area. Monthly lease payments should be directed to the City Treasurer. Please provide the certificate of insurance as specified in Section 19 of the lease before commencing any work in the lease area. This sound like an exciting project. Good luck! Sincerely, Kathleen L. McCluskey Director of Administrative Services KLM:eh enclosure cc: Bill Duffy w/attachment Cathy Johnson w/attachment Peggy Lesser w/attachment 239 4TH STREET ■ BREMERTON,WA 98310 ■ (206)478-5290 1 An Linn!Opportunity Employer su,A 10. Hazardous Substances - Indemnity. Except as limited by (b) below, Lessor • . indemnify and hold harm - - Lessee from and again any and all claims, demands, damages, losses, ens ' abilities, penalties, fines, lawsuits, and costs and ex. = es of w ' .ccrue to or are incurred by Lessee directly o ndirectly, from or out of, - discovery or cleanup of ha - dous substances on the property which pre-exist this lea - . (b) • .n discovery of any hazardous subs - ce on the premises, Lessee • . 11 promptly notify Le = . Lessor shall have the option to terminate • ' s le. - upon thirty (30) days written notice to Lessee, if cle. - •p o azardous substances from the site can be avoide. •y nonuse of the prem' - , or if cleanup would interfere w' • Lessee's use of the premises as to incur additi. - - 1 cost under subparagraph (a) . (6‘) Lessee shall indemnify and hold harmless the Lessor from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by Lessor which arise directly or indirectly from the discovery or cleanup of hazardous substances from the premises which are deposited on the property during the term of this lease. Hazardous substance, shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this lease. 11. Inspection. The City retains the right to enter onto the property at any reasonable time to inspect the property. 12 . Notices. All notices to be given by the parties hereto shall be in writing and may either be served personally or may be deposited in the United States Mail, postage prepaid, by either LEASE AGREEMENT -4- I411( party shall have and recover against the other party in addition to the cost allowed by law, such sum as the court may adjudge to be a reasonable attorney fee. 16. Heirs and Successors. Subject to the provisions hereof pertaining to assignment and subletting, the covenants and agreements of this Lease shall be binding upon the heirs, legal representatives, successors, and assigns of any or all of the parties hereto. 17 . Hold Harmless. Lessee shall indemnify and hold harmless Lessor against and from any and all claims arising from Lessee' s use of the premises or from the conduct of its business or from any activity, work, or other things done, permitted or suffered by the Lessee in or about the premises. Lessee upon notice from Lessor shall defend any such claim at Lessee' s expense by counsel reasonably satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in, upon or about the premises, from any cause other than Lessor's negligence, and Lessee hereby waives all claims in respect thereof against Lessor. `18. Subrogation. As long as their respective insurers so permit,` Lessor and Lessee hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, and-the property insurance policies existing for the benefit of the respective parties. Each party shall apply to their insurers to obtain said waivers. Each party shall obtain special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 19 . Liability Insurance. Lessee, shall, at Lessee' s expense, obtain and keep in force during the tern of this Lease a policy of comprehensive public liability insuranc, nsurA 4Ling Lessor and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto. Such insurance shall be in the amount of xieE 1406 an Fiv Hundred Thousand Dollars ($500, 000. 00) for , injury c r de tb1 f 471g in ftn one--accident or occur se The limit of any such insurance LEASE AGREEMENT -7- P • • shall not, however, limit the liability of the Lessee hereunder. Lessee inay provide-this-insurance under a--blanket policy, proves that—said insurance shall have a Lessor's protective liability e washed- thereto. Lessee shall deliver to Lessor, prior to right of entry, copies of policies of liability insurance required herein or certificates ev,idepyinq the, existence and c i'1.ii0tr' \: Y,, - `._ �\ t 7�1r\t\c Sc ,4 I0;is (l`_, t{,. 1' 'VW/ amounts of such insurance loss- payableIclaus_e satisfactory to Itiesssr. , No---pplicy_--shall be eancelab �tbjeet- - 50 etMartcQ- V i 64 o Ca. ve-(--tla: -c- c skok-l.\ La."-- J IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year below written. LESSEE: - -- DATED: 4 Cr'".vl /('� /9W B , i ��',�_ _w DANIEL ROBINSON ,166 z-�X -c/ . � _,e.:."2-7"7-1 DIANE ROBINSON LESSOR: CIT F BREMER ILI.17:57_, DATED: u-7-14m-n LO IS MENTOR, yor ATTEST: KATHLEEN McCLUSKEY, Cle 35PROVED TO FORM: IAN R. SIEVERS City Attorney LEASE AGREEMENT -8- 111 111 AGENDA BILL BREMERTON CITY COUNCIL 1 . SUBJECT: LEASE AGREEMENT/ FOR AGENDA OF : July 17 , 1991-)1 -, UNIMPROVED PROPERTY BETWEEN THE ORIGINATING DEPT: Utilities CITY OF BREMERTON AND ORIGINATOR: William Duffy DANIEL & DIANE ROBINSON DATE SUBMITTED: Juty 8, 1991 2 . CLEARANCES : (Comment on back 3. EXHIBITS: if ne,pessary) City Attorney Lease Agreement v ENDORSEMENT INFORMAT ON [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR , 4 ,� COUNCIL PRESIDENT Al. X- 14- 4 . SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Daniel and Diane Robinson have petitioned the Utilities for lease of an existing seven-acre parcel of property adjacent to SR$#16 at Anderson Creek for the purpose of operating a retail garden center. (Please see Page 2 for continuation) 5 . RECOMMENDATION: The City Council approve the attached lease agreement for lease of real property to Daniel and Diane Robinson subject to terms and conditions of the lease agreement and authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures. 9. RESPONSIBLE OFFICIAL: Utilities Director ENFORCEMENT OFFICIAL: Utilities Director EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] " • D DISAPPROVED [] AMENDED [] ' COUNCIL DIRECTIVE: . `y (M81.44e. �'` `�( L4k.r 11. AGENDA BILL NO. : 9/- ��s 411 41/ 2 . CLEARANCE COMMENTS: 4 . SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - CONTINUATION The term of the lease is for four (4) years commencing on the date of formalization of the lease agreement. Revenues generated from the lease will be retained in the Water Utility ' s Land Acquisition Fund. IMPACT ON NON-PASSAGE: None. C, . IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: N/A Budget: Revenue acquisition of $300 . 00 per month. Facilities: N/A Equipment: N/A RESEARCH SOURCES: Contract Number: 3333 Vendor: ROBINSON - DANIEL & DIANE Subject: Anderson Creek Staging Area - Elandan Gardens Department: PW Admin File Class: LEG 12-1 Begin Date: 08/16/1991 End Date: 04/30/2019 Review Date: 01/01/2019 Vault Date: Comments: (4) 5 yr options w/60 day written notice ACO'RD,4 CERTIFICATE OF LIABILITY INSURANCE DATE 1/08/2008 Y) PRODUCER 206-463-7411 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Trigg Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17425 Vashon Hwy SW , PO BOX 509 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Vashon,WA 98070 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: NORTH PACIFIC INSURANCE CO. ELANDAN GARDENS LIMITED - — - INSURER B: 4394 PANTHER LAKE RD.W. INSURER C: INSURER D: BREMERTON WA 98312 — INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OFINSURANCE-7POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY1 LIMITS A GENERAL LIABILITY CO2 16-40-33 07/19/07 07/19/08 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LAGGREGATELIMITAPPLIESPER: I PRODUCTS-COMP/OPAGG $ 2,000,000 PRO -_.., X 1 POLICY JECT r LOC A AUTlOMOBILE LIABILITY CO2 16-40-33 6-40-33 07/19/07 07/19/08 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) __-- PROPERTY DAMAGE $ (Per accident) GAR AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTOEA ACC $ OTHER THAN — AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR I- CLAIMS MADE AGGREGATE $ $ 7 DEDUCTIBLE $ 1 RETENTION $ $ A WORKERS COMPENSATION AND CO2 16-40-33 07/19/07 07/19/08TH- � TORY LIMITS _X ER EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED?NO E.L.DISEASE-EA EMPLOYEE, $ 1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A I OTHER CO2 16-40-33 07/19/07 07/19/08 BPPI: $72,800 I BPPI/SPECIAL DEDUCTIBLE: $250 FORM/REPLACEMENT COST COINSURANCE: 800/0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS ADDITIONAL INSURED: THE CITY OF BREMERTON CONTRACT #3333 - ANDERSON CREEK STAGING AREA CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION FINANCIAL SERVICES DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ATTENTION: CITY CLERK IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 345 SIXTH STREET, SUITE 600 REPRESENTATIVES. r\ BREMERTON, WA 98337-1873 AUTHORIZED REPRESENTATIV A.ACORD 25(2001/08) ©ACORD C RPORATION 1988 4 , 1 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) 0. m, ate// w's(6-_/,,c-, • CITY OF l�i.> — BREMERTON THE CITY Of PRIDE AND..OPPORTUNITY FINANCIAL SERVICES Administrative Assistant/Cherie Henry Cherie.Henry©d.breme rton.waus red 360-473-5290 Fax 360-473-5200 December 18, 2007 345 6th Street,Suite 600 Bremerton,WA 98337-1873`. Dan and dime Robinson 4394 Panther Lake Road Bremerton, Washington 98312 RE: Certificate of Insurance Contract#3333 -Anderson Creek Staging Area Dear Mr. & Mrs. Robinson: During a review of contract files it has come to my attention that the insurance certificate provided by your firm has expired. Evidence of insurance coverage is required throughout performance of this contract The City of Bremerton is to be named an additional insured for coverage other than professional liability. A copy of the policy endorsement naming the City an additional insured should be attached to the certificate of insurance. Please contact your insurer or broker as soon as possible and have a replacement certificate and endorsement sent to the attention of the City Clerk at the following address: Financial Services Attention: City Clerk 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 It is your responsibility to keep the certificate of insurance current. Please notify your insurer that a new certificate should automatically be sent to the City Clerk's office upon renewal. A copy of the last certificate of insurance on file is enclosed for reference. Sincerely, ettA.22.0 Cherie Henry Administrative Assistant ch/ enclosure „.__ BREMERTON nu CITY OF PRIDE AND OPPORTUNITY FINANCIAL SERVICES Administrative Assistant/Cherie Henry Cherie.Henry@a-bremerton.wa.us December 18, 2007 Dan and diane Robinson 4394 Panther Lake Road Bremerton, Washington 98312 RE: Certificate of Insurance Contract#3333 -Anderson Creek Staging Area Dear Mr. & Mrs. Robinson: During a review of contract files it has come to my attention that the insurance certificate provided by your firm has expired. Evidence of insurance coverage is required throughout performance of this contract. The City of Bremerton is to be named an additional insured for coverage other than professional liability. A copy of the policy endorsement naming the City an additional insured should be attached to the certificate of insurance. Please contact your insurer or broker as soon as possible and have a replacement certificate and endorsement sent to the attention of the City Clerk at the following address: Financial Services Attention: City Clerk 345 Sixth Street, Suite 600 Bremerton, WA 98337-1873 It is your responsibility to keep the certificate of insurance current. Please notify your insurer that a new certificate should automatically be sent to the City Clerk's office upon renewal. A copy of the last certificate of insurance on file is enclosed for reference. Sincerely, CiuLAA:0 il--"-A-r Cherie Henry Administrative Assistant ch/ enclosure I + + +Enter Search Criteria, Press Esc Key to Transmit +Press Del Key to Terminate Delete Mode + CHANGE Contract Transactions + Contract Number 3333 +Vendor Name ROBINSON, DANIEL & DIANE +Subject ANDERSON CREEK STAGING AREA - ELANDAN GARDENS Department ADMIN SVCS +Status Code LAN + Amount $81244 . 80 Begin Date 08/16/1991 Insurance End Date 04/30/2019 Type Amount Review Date 02/01/2019 GL $1000000.00 Insurance Total $1000000.00 Insurance Review Date 07/01/2006 1+ Comments CURRENT MO PAYMENT $451. 36 + + (4) 5 YR OPTIONS W/60 DAY WRITTEN NOTICE + + + + + 1 DATE(MM/DD/YY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 10/17/2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TRIGG INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 509 . ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VASHON, WA 98070 INSURERS AFFORDING COVERAGE 206-463-7411 INSURED DAN & DIANE ROBINSON INSURER A: NORTH PACIFIC INSURANCE COMPANY DBA ELANDAN GARDENS LTD INSURER B: 4394 PANTHER LAKE RD W INSURER C: BREMERTON, WA 98312 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE IMM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $1, 000. 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $100. 000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5. 000 A CO1 16-40-33 07/19/05 07/19/06 PERSONAL&ADV INJURY $1, 000. 000 GENERAL AGGREGATE $2. 000. 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2, 0 0 0.0 0 0 POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1, 000, 000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ B X HIRED AUTOS CO1 16-40-33 07/19/05 07/19/06 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO • OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ ( OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STATU- WORKERS COMPENSATION AND TORY LIMITS X OER EMPLOYERS'LIABILITY CO1 16-40-33 07/19/05 07/19/066 E.L.EACH ACCIDENT $1, 000. 000 A WA STOP GAP ONLY E.L.DISEASE-EA EMPLOYEE $1.000. 000 E.L.DISEASE-POLICY LIMIT $1, 000. 000 A OTHER BPPI/ BPPI: $72, 800 SPECIAL FORM/ CO1 16-40-33 07/19/05 07/19/06 DEDUCTIBLE: $250 REPLACEMENT COST COINSURANCE: 90% DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT #3333-LEASE-ANDERSON CREEK STAGING AREA ADDITIONAL INSURED: CITY OF BREMERTON CERTIFICATE HOLDER X ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF BREMERTON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4 5 DAYS WRITTEN 345 6TH ST, STE 600 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL BREMERTON WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY PO INSURER,ITS AGENTS OR REPRESENTATIVES. ATTN: CHERIE HENRY AUTHORIZED REPRESENTATIVE (VAX. 160-47R-5200 ACORD 25-S(7/97) 0 ACORD CORPORATION 1988 DATE(MM/DD/YY) ACORDIS, CERTIFICATE OF LIABILITY INSURANCE 3/15/2005 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TRIGG INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 509 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VASHON, WA 98070 INSURERS AFFORDING COVERAGE 7 —463-7411. INSURED INSURER A: AMiERTCAI_S_TATES_ INSURANCE CO ELANDAN GARDENS LTD INSURER B. MUTUAL OF ENUMC'L AW INSURANCE CO 4394 PANTHER LAKE RD W INSURER C: BREMERTON, WA 98312 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • INSRPOLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR TYPE OF INSURANCE _ POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $100, 000 CLAIMS MADE I X I OCCURMED EXP(Any one person) , $9 . 000 A 01—CG-589324-01 07/19/04 07/19/05 1 PERSONAL&ADV INJURY $1_,_49.0004__ GENERAL AGGREGATE $2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2, 000, 000 TIE POLICY PRO LOC JECT 'AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000, 000(Ea accident) 1,0 0 0, 0 0 0 ANY AUTO X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B . X' HIRED AUTOS CP70024025 07/19/04 07/19/05 BODILY INJURY $ NON-OWNED AUTOS I (Per accident) X I PROPERTY DAMAGE $ - (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT , $ ANY AUTOOTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR pi CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ ' $ WC STATU- OT - WORKERS COMPENSATION AND TORY LIMITS I X ER t EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 01—CG-589324-01 07/19/04 07/19/05 1, 000, 000 A WA STOP GAP ONLY E.L.DISEASE-EA EMPLOYEE $1, 000, 000 1 1 I E.L.DISEASE-POLICY LIMIT I $1, 000 , 000 A OTHER BPPI/ BPPI: $72, 800 SPECIAL FORM/ 101—CG-589324-01 07/19/04 07/19/05 DEDUCTIBLE: $250 REPLACEMENT COST COTNSUP NCE: 90% DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT #3333—LEASE—ANDERSON CREEK STAGING AREA ADDITIONAL INSURED: CITY OF BREMERTON CERTIFICATE HOLDER I X I ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF BREMERTON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL ';0 DAYS WRITTEN 345 6TH ST, STE 600 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE -T,BUT FAILURE TO DO SO SHALL BREMERTON WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF A ;r.UP'N THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ATTN: CHERIE HENRY ../ FAX• '1g O-4 7 8—5 2 O(1 ©ACORD CORPORATION 1988 ACORD 25-S(7197) i ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MM/DD/YY) 8/28/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TRIGG INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 509 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VASHON, WA 98070 INSURERS AFFORDING COVERAGE 206-463-7411 INSURED INSURER A: MUTUAL OF ENUMCLAW INSURANCE CO ELANDAN GARDENS LTD INSURER B: 4394 PANTHER LAKE RD W INSURER C: BREMERTON, WA 98312 INSURER D: I INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY • EACH OCCURRENCE $1, 000. 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $300. 000 CLAIMS MADE X OCCUR MED EXP(Any one person) $10. 000 A NC30738 07/19/03 07/19/04 PERSONAL&ADV INJURY $1, 000, 000 GENERAL AGGREGATE $2. 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2. 0 0 0, 0 0 0 —3-1C POLICY JE� LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT IANY AUTO (Ea accident) $1, 000, 000 X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS CP70024025 07/19/03 07/19/04 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ ______. __------------__ _—.-----__.-- WC STATU- OTH- WORKERS COMPENSATION AND TORY LIMITS X ER EMPLOYERS'LIABILITY NC30738 07/19/03 07/19/04 E.L.EACH ACCIDENT $1, 000. 000 A WA STOP GAP ONLY E.L.DISEASE-EA EMPLOYEE $1, 0 0 0. 0 0 0 E.L.DISEASE-POLICY LIMIT $1. 000. 000 A OTHER BPPI/ ; BPPI: $72, 800 SPECIAL FORM/ ' NC30738 07/19/03 07/19/04 DEDUCTIBLE: $250 REPLACEMENT COST COIITSIIRANCE: 90% DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT #3333-LEASE-ANDERSON CREEK STAGING AREA ADDITIONAL INSURED: CITY OF BREMERTON CERTIFICATE HOLDER X!ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF BREMERTON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 239 4TH STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL BREMERTON WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ATTN: CHERIE HENRY AUTHORIZED REPRESENT IV j FAX• SFO-47R-57(10 „ t.A4/yv. 0040 ACORD 25-S(7/97) ©ACORD RPOP(KMON 1988 ACORDM CERTIFICATEF LIABILITY INSURANt DATE(MM/DD/YY) 09/12/2002 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TRIGG INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 509 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VASHON, WA 98070 206-463-7411 INSURERS AFFORDING COVERAGE INSURED INSURER A: MUTUAL OF ENUMCLAW INSURANCE CO ELANDAN GARDENS LTD INSURER B: 4394 PANTHER LAKE RD W INSURER C: BREMERTON, WA 98312 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ' MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH II POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $50, 000 i AIMS,AA� --i �� � f�z 1��,�,R ,.�„e::P;A,,,:,..e person) .$ , 000 5 A X O&CP - PK81540 07/19/02 07/19/03 PERSONAL&ADV INJURY $1, 000, 000 X ENON GENERAL AGGREGATE $1, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1, 000, 000 ) POLICY PRO- 0LOC ECT I AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1, 000, 000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS CP70024025 07/19/02 07/19/03 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND ORSLATTS X OER- TRY LIMITS ER EMPLOYERS'u^slur PK81540 07/19/02 07/19/03 E.L.EACH ACCIDENT $1, 000, 000 A WA STOP GAP ONLY E.L.DISEASE-EA EMPLOYEE $1, 000, 000 E.L.DISEASE-POLICY LIMIT $1, 000, 000 A OTHER BPPI/ BPPI : $72, 800 SPECIAL FORM/ PK81540 07/19/02 07/19/03 DEDUCTIBLE: $250 REPLACEMENT COST COINSURANCE: 90% DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT #3333-LEASE-ANDERSON CREEK STAGING AREA ADDITIONAL INSURED: CITY OF BREMERTON CERTIFICATE HOLDER X ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF BREMERTON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN 239 4TH STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL BREMERTON WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESEN • VE- ATTN: CHERIE HENRY AUTHORIZE EENTATIVE 'FAX: 360-478-5200 ACORD 25-S(7/97) 0AC CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANL M/ DATE TM 09/25/2001 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TRIGG INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.0. BOX 509 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VASHON, WA 98070 206-463-7411 INSURERS AFFORDING COVERAGE INSURED INSURER A: MUTUAL OF ENUMCLAW INSURANCE CO ELANDAN GARDENS LTD INSURER B: 4394 PANTHER LAKE RD W INSURER C: BREMERTON, WA 98312 INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONMILIMITS LTR DATE(MDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $50, 000 CLAIMS MADE I X I OCCUR MED EXP(Any one person) ' $5, 000 A X O&CP PK81540 07/19/01 07/19/02 PERSONAL&ADV INJURY $1, 000, 000 X ENON GENERAL AGGREGATE $1, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1, 000, 000 X POLICY PRO- JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1, 000, 000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ A X HIRED AUTOS CP70024025 07/19/01 07/19/02 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND WC LIMITSTATTS X OER- TORY ER EMPLOYERS'LIABILITY P Ts C 1 r 0 07/19/01 07/i Q / 7 E.L. H nCC:DE T . 4'1 , 000, 000 A WA STOP GAP ONLY E.L.DISEASE-EA EMPLOYEE $1, 000, 000 E.L.DISEASE-POLICY LIMIT $1, 000, 000 A OTHER BPPI/ BPPI : $72, 800 SPECIAL FORM/ PK81540 07/19/01 07/19/02 DEDUCTIBLE: $250 REPLACEMENT COST COINSURANCE: 90% DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT #3333—LEASE—ANDERSON CREEK STAGING AREA ADDITIONAL INSURED: CITY OF BREMERTON CERTIFICATE HOLDER X ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF BREMERTON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 239 4TH STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE Tin)DO SO SHALL BREMERTON WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE IN URER,ITS AGENTS OR REPRESENTATIVES. ATTN: CHERIE HENRY AUTHORIZED REPRESENTATIVE 'FAX: 360-478-5200 — ACORD 25-S(7197) 0AC CORPORATION 1988 ACORD CERTIFICAT OF LIABILITY INSURANCE DATE(MM/DD/YY) 11/17/2000 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TRIGG INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.0. BOX 509 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VASHON, WA 98070 206-463-7411 INSURERS AFFORDING COVERAGE INSURED INSURER A: MUTUAL OF ENUMCLAW INSURANCE CO ELANDAN GARDENS LTD INSURER B: 4394 PANTHER LAKE RD W INSURER C: BREMERTON, WA 98312 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $50, 000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5, 000 A X O&CP PK81540 07/19/00 07/19/01 PERSONAL BADV INJURY S1, 000, 000 X ENON GENERAL AGGREGATE $1, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 1, 000, 000 X POLICY PRO- LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) 5 1, 000, 000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) A X HIRED AUTOS CP70024025 07/19/00 07/19/01 BODILY INJURY X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EA ACC S AUTO ONLY: AGG S EXCESS LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S S DEDUCTIBLE S RETENTION SWC _ S WORKERS COMPENSATION AND TORY TU-ALIMITS X OER EMPLOYERS'LIABILITY PK81540 07/19/00 07/19/01 E.L.EACH ACCIDENT $1, 000, 000 A WA STOP GAP ONLY E.L.DISEASE-EA EMPLOYEE $1, 000, 000 E.L.DISEASE-POLICY LIMIT S 1, 000, 000 A OTHER BPPI/ BPPI : $72, 800 SPECIAL FORM/ PK81540 07/19/00 07/19/01 DEDUCTIBLE: $250 REPLACEMENT COST COINSURANCE: 90% DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RE: CONTRACT #3333-LEASE-ANDERSON CREEK STAGING AREA ADDITIONAL INSURED: CITY OF BREMERTON CERTIFICATE HOLDER X ADDITIONAL INSURED; INSURER LETTER: A CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF BREMERTON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 239 4TH STREET NOTICE TO THE CERTIFICATE HOLDER NAME TO THE LEFT,BUT FAILURE TO DO SO SHALL BREMERTON WA 98337 IMPOSE NO OBLIGATION OR LIABIL Y KIND UPON THE INSURE ,I AGENTS R REPRESENTATIVES. ATTN: CHERIE HENRY AUTHORIZED REPRESENTATIVE 'FAX: 360-478-5200 ACORD 25-S(7/97) 0 ACORD CORPORATION 1988 ACORDTM CERTIFICAT•OF LIABILITY INSURAN DATE(MDD/YY) CM/ 10/13/1999 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TRIGG INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. BOX 509 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VASHON, WA 98070 INSURERS AFFORDING COVERAGE 206-463-7411 INSURED ELANDAN GARDENS LTD INSURER A: MUTUAL OF ENUMCLAW INSURANCE CO INSURER B: 3050 W STATE HWY 16 INSURER C: BREMERTON, WA 98366 INSURER D: J360-373-8260 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER M/ POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MDDM!) GENERAL LWBILITY EACH OCCURRENCE $1,000, 000_ X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $50,000 CLAIMS MADE X OCCUR MED EXP(Any one person) _ $5,000 A X O&CP PK81540 07/19/99 07/19/00 PERSONAL BADV INJURY $1,000, 000 X ENON GEI'ERAL AGGREGATE $1,000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $1,000, 000 I X POLICY JET LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1, 000, 000 X ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) A X HIRED AUTOS CP70024025 07/19/99 07/19/00 BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ I_ - a $ - WORKERS COMPENSATION AND TORY LIMITS X ER 0TH EMPLOYERS'LIABILITY PK81540 07/19/99 07/19/00 E.L.EACH ACCIDENT $1,000, 000 A WA STOP GAP ONLY E.L.DISEASE-EA EMPLOYEE $1,000, 000 E.L.DISEASE-POLICY LIMIT $1, 000, 0 0 0 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF BREMERTON DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAI 0 DAYS WRITTEN 239 4TH STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L ,B. FAILURE O DO SO SHALL BREMERTON, WA 98 337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND 'ON H INSURER,ITS AGENTS OR REPRESENTATIVES. ATTN: LYNN MANDEVILLE AUTHORIZEDREPRESENTATIVE '/ FAX: 360-478-5200 Kevin Hansen CIC ACORD 25-S(7/97) ©ACORD CORPORATION 1988 • 253-838-4637 TRIG- INS/NW MARINE 614 P02 SEP 17 '98 14: 17 • % f � 'o ` n,,.Ki rr�ii,i c Sny • rK, r> 'kvi ? DATE MWDD • /Y Y) Yftf.111Z11• l % • niris b 0. s3P ' an K< u , < I Xr ' • y kNSVMM1,.. e % . >ruf C-17 7a .e: :. ......: '.+ ,: *!,....:y:?S:,:�3ft';gn,1r. n •3.niI �ya... .eyy ,,, 1'sS en°: dxvo- „ .N> 1 PRonuCEM THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE TRIGG INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1010 S. 336th $E,, Suite #320 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Federal Nay, wA 90003 COMPANIES AFFORDING COVERAGE COMPANY A Mutual of Enumclaw INSURED COMPANY B Dan & Diane Robinson DBA: •---- Elandan Gardens Limited COMPANY C 3050- W State Hwy 16, Port Orchard, WA 98366 O MANY o,x i,.' : n:�'yY ,K:eg i�x s S> ,s n. �{• NNtN,r k, K��f , k, N.Lf: K •!?0,.. y• •i1.. .k.;K,e rn.'P, • +•, % s i!, >.it x°k;aixi�h:x'f>ti'sy�S?f'iiE;�i` ` � � �, �.<!.< .£I< �`'>�,;�,. :,. ���.,. � .>E'fS .-,<�x:�#£� y�: >a.s�u. :54e;Y-• u �K s �� 11S „'��` ��' ' ,...,, �,,; s.kSr <. u� :. .K� x�S .xA. Y,.<.x.�� x � .��: � h<� x' •>s ?fRaKkn �ny±l,�'. x3EN.K... Sk>ak���M�.sualt.,<•3.4.< c <x.k�.>S•r, S/'�......, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY IXPIRATN)N UNITS LTR DATE(MMMDNY) DATE(MMIDDM!) — GENERAL UABIUTY j GENERAL AGGREGATE $ 1,000,0R0770�� A X COMMERCIAL GENERAL LABILITY PRODUCTS-COMP/OP AGO $ 1,000,0Z5O CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 1,000,000 X OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 X Stop Gap PK81540 7-19-98 7-19-99 FIRE DAMAC•IEAny or*nn) $ 50,000 X Enon ;MED EXP(Arty one pereo J $ 5,000 AUTOMOBILE UABIUTY COMBINED SINRLE LIMIT $ 1,000,000 ANY AUTO * A X ALL OWNED AUTOS Sr }' 1 BODILY INJURY SCHEDULED AUTOS (Per���� $ X HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per IMnD PROPERTY DAMAGE I GARAGE UABIUTY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: ------ EACH ACCIDENT $ AGGRE ATE $ EXCESS UABILITY EACH OCCURRENCE $ _- UMBRELLA FORM AGGREGATE $ ______ _____ OTHER THAN UMBRELLA FORM $ _ WORKERS COMPENSATION AND STATUTORY UNITS .:.. EMPLOYERS'LIABILITY _EACH ACCIDENT I THE PROPRIETOR/ ; INCL DISEASE-POLICY UNIT S PARTNERS/FDCECUTIVE OFFICERS ARE, 1 EXCLT DISEASE•EACH EMPLOYEE $ OTHCR A Bldg: $92,700 Contents: $72,800 ! ' Loss of Earnings: 430,000 1 y DESCRIPTION OF OPERATIONS/LOCA71ONSMEHICLES/SPEC(AL ITEMS Property in the Open: $20,000 (Fire & EC Only) . Crime Coverage Limit: $2500 with a $250 deductible. oT„w=�:<+.<„ xre.:. �. -�>::.,;;' r ,.� ,... .���.� ..»rk4F�R,�g '•i� b �,t.R r`.� 7�'•0 '•c r. 3i�: %�S°�' Vii.. �,ix'g�£ > �s�yr�$< 3b3 #�.�. �''s��� #c�`� � � '%�� �i ... .. .. ...... ........ 3{�nL?fi6. ......lA%'Ilp.e.><a! E�3i, v+: '��.:��", ''k�, sF�'F3i�lE�� _.. .,,.��� �. k�. � �..r nv g , City of Bremerton as Additional Insured SHOULD ANY OF THE ABOVE OPSCRIBSO POUCIES BE CANCELLED BEFORE THE Attn: Peggy Lessor EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL EN:MAYON TO MAI. Fax: 360 478 5200 LL,DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDEN NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY ETNE COMPANY, ITS nQ£NTS OR REPRESENTATIVES • •RIS AEP fi?"3. :Y;"'!?:, -�- '..� .. ,• 9�of •y. 11446k . v':.,, "wRg : % K7„# :M.0� .. OSD . ,p �Y ' 4+K vre... � ri.•Lid,, ..f a+:b Aee.6.7"t,!... . 253-838-4637 TRIGG INS/NW MARINE 614 P01 SEP 17 '98 14: 17 • • Trigg Insurance Agency 1010 S. 336th St., Suite#320 Federal Way, WA 98003 Fax Transmittal To NAME: COMPANY: Clc FAX NUMBER: 3{aC7 '47 g 5-2-0 FROM NAME: "--17) 1Y\ 1Rt Ce C DATE: 9 - to -s) r TOTAL NUMBER OF PAGES, INCLUDING COVER PAGE: IF YOU DID NOT RECEIVE ALL PAGES, PLEASE CALL OUR OFFICE IMMEDIATELY. MEMO: -4A441-4-4.1--441-z 253-838-6756 253-952-4838 800-691-6756 253-838-4637 King County Pierce County Washington Only Fax mei-um/myY) i 07/16/97 PRODUCER THIS CERTIFICATE I SUED AS A MATTER OF INFORMATION HAYWARD INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 647 FOURTH STREET COMPANIES AFFORDING COVERAGE BREMERTON WA 98337 COMPANY A FARMINGTON CASUALTY COMPANY INSURED COMPANY ELANDAN GARDENS LIMITED B /r//Q' DAN & DIANE ROBINSON COMPANY 4394 PANTHER LAKE ROAD WEST // BREMERTON WA 98312 COMPANY / CO ERAG. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER �'�' POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTA DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY 81ACM2 6 0 4 0 712 7/19/97 7/19/98 GENERAL AGGREGATE s2, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OP AGG $2, 0 0 0, 0 0 0 I CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $1, 0 0 0, 0 0 0 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 0 0 0, 0 0 0 FIRE DAMAGE(Any one fire) $ 50, 000 MED EXP(Any one person) $ 5 , 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Son) $ --. HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) _ $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ........................................ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WC STATU- 0TH '> WORKERS COMPENSATION AND I TORY LIMITS, ,ER S.. .. EMPLOYERS'LIABILITY EL EACH ACCIDENT $ THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS THE CITY OF BREMERTON IS ADDED AS ADDITIONAL NAMED INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS INSUREDS LEASING LAND FROM THE CITY OF BREMERTON LEASE #3333 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF BREMERTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: MARGARET LESSOR 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 239 4TH ST BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY BREMERTON WA 98337 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE JAMES H SPENCER . Vo! : a::miNimmimmagmimim /Pa" (111:2 ::: :. OF':'' '' ''N.'%:;�.: :..':::::::: PRODUCER THIS CERTIFICA IS ISSUED AS A MATTER OFINFORMATION HAYWARD INSURANCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENDOR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. 647 FOURTH STREET COMPANIES AFFORDING COVERAGE BREMERTON WA 98337 COMPANY A FARMINGTON CA UALTY COMPANY INSURED COMPANY ELANDAN GARDENS LIMITED B ‘})e—i COMPANY 4394 PANTHER LAKE ROAD WEST V G I BREMERTON WA 98312 COMPANY � D ...........................................................................................................................................................................................................................................................................................Min ............. ........................................................................................................................................................................................................................................................................................................... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE 1 POLICY EXPIRATION LIMITS LTR I DATE(MM/DD/YY) I DATE(MM/DD/YY) A GENERAL LIABILITY BQ0024932451TWF : 07/19/96 07/19/97 GENERALAGGREGATE $2, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG $1, 000, 000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $1, 000, 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one fire) $ 50, 000 MED EXP(Any one person) $ 5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY __ _ EACH ACCIDENT _ $ THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS THE CITY OF BREMERTON IS ADDED AS ADDITIONAL NAMED INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS INSURED LEASING LAND FROM THE CITY OF BREMERTON LEASE #3333 ....................................................................................................................................................................................................................................................................................................... . ......... ...... OI•�:'�IFIGA`E�:>::����R:>::»>:»:<:»»»»::»»»»:»»::»:_::»::>::»»>:»:>::>::>::>::»>::>::>::>::»::>::»:<:>:;;<:>:>::<:::>:>::::OAi!��I3:A`£�'�:::»::>::>::::>::>::>::>::>::>::>::>::>::>::>::;::<:«:::>::>::>::>::>:;::;;:>::>:::>::>::>::>::>::>::>::>::>::>::>::>::>::>::>:>:::>:<::>:»;:<:>:«:::>:>::>::>: ............................................................................................................................................................................................................. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF BREMERTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO.IAIL ATTN: MARGARET LESSOR 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THEFT, 239 4TH STREET BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OILIABILITY BREMERTON WA 98337 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTA J. Qom.-�v-�a _ . ,I.L. HP A ' ''' 11••• •••••• •1,1••._ Aeons ,...:;;;;;;;;:e s , -CERTIFIC INSURANCE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R S HAYWARD INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. 647 FOURTH STREET COMPANIES AFFORDING COVERAGE BREMERTON WA 98337 COMPANY A FARMINGTON CASUALTY COMPANY INSURED COMPANY E LAN DAN GARDENS COMPANY 4394 PANTHER LAKE ROAD WEST BREMERTON WA 98312 COMPANY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSU D NAMED ABOVE FOR THE POUCY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 1 CO POL1C EFFECTIVE POLICY EXPIRA-RON TYPE OF INSURANCE POLICY NUMBER UNITS LTR DATE(MM/DDNY) DATE(MM/DDNY) A 1GENERAL UABIUTY BQ0024932451TWF 07/29/95 07/29/96 GENERAL AGGREGATE :2, 000, 000 IX COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $1, 000, 000 CLAIMS MADE IX OCCUR PERSONAL&ADV INJURY Si, 000, 000 OWNER'S&CONTRACTORS PROT EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one fire) $ 50, 000 MED EXP(Any one person) $ 5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE UABIUTY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE $ EXCESS LIABILITY IEACH OCCURRENCE $ UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT TFIE PROPRIETOR/ I DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE -- INCL OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS THE CITY OF BREMERTON IS ADDED AS ADDITIONAL NAMED INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS INSURED LEASING LAND FROM THE CITY OF BREMERTON LEASE #3333 .9gT1FIPM.giiMPPPYREEMITMEEMT.i!'iMieRgigi=a::EnnffligMPg*Aqtfalei!Egi!i!i::!!!!iMEMTEE!!!kagin!!!!!!!!!!!!!!!!!!igi!!;:giMi!igi!iE!!!!!! !!!!!!ii:i! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF BREMERTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: MARGARET LESSOR 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 239 4TH STREET BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY BREMERTON WA 98337 OF ANY KIND UPON THE COMPANY, RS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTAT1VE_, HP A '''''''''''''''-''' ''''''' ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' • ••••• •••• ••• 11111111,1111,: 013A4n/mOufi3135 PM9 5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE R S HAYWARD INSURANCE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. 647 FOURTH STREET COMPANIES AFFORDING COVERAGE BREMERTON WA 98337 COMPANY A FARMINGTON CASUALTY COMPANY INSURED COMPANY ELANDAN GARDENS B / COMPANY 4394 PANTHER LAKE ROAD WEST BREMERTON WA 98312 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1:0 POLICY EFFECTIVE POLICY EXPIRATION TYPE OF INSURANCE POLICY NUMBER LIMITS LTR DATE(M/A/DD/TY) DATE(LILVDD/TY) GENERAL LIABILITY BQ0024097146TWF 07/29/94 07/29/95 GENERALAGGREGATE $2, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS•COMP/OP AGG $2, 000, 000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $1, 000, 000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000 FIRE DAMAGE(Any one fire) $ 50, 000 MED EXP(Any on*person) $ 5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per occident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: • ••• • EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE OTHER THAN UMORELLA ror-16.s . WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE — OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS THE CITY OF BREMERTON IS ADDED AS ADDITIONAL NAMED INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS INSURED LEASING LAND FROM THE CITY OF BREMERTON LEASE #3333 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE nE CITY OF BREMERTON EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ATTN: MARGARET LESSOR 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 239 4TH STREET BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY BREMERTON WA 98337 OF ANY KIND UPON THE COMPANY, M3 AGENTS OR REPRESENTATIVES. AUTHORED REPRESENTATIVE sz_...•,a TV , c)QA/ •r HP A 3335 A1111t11. C E RTI F I Ct E OF INSURANCE ISSUE DATE (MM/DD/YY) 01/19/94 PRODUCER THIS CERTIFICATE IS ISSUE A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE R S HAYWARD INSURANCE POLICIES BELOW. 647 FOURTH STREET COMPANIES AFFORDING COVERAGE BREMERTON WA 98310 COMPANY A LETTER ^ AETNA CASUALTY & SURETY CO DG COMPANY B INSURED LETTER ELANDAN GARDENS COMPANY C LETTER 4394 PANTHER LAKE ROAD WEST COMPANY D REMERTON -WA 98312 LETTER / COMPANY E LETTER COVERAOES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY 81 GL 2 3 7 918 5 3 T CA 12/18/93 12/18/94 GENERAL AGGREGATE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. $1,000, 000 CLAIMS MADE X OCCUR. PERSONAL&ADV.INJURY $ 500, 000 OWNERS&CONTRACTORS PROT. EACH OCCURRENCE $ 500, 000 FIRE DAMAGE(Any One fire) $ 50, 000 MED.EXPENSE(Any One Person) $ 5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE _ ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM :AGGREGATE $ OTHER THAN UMBRELLA FORM •• WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT $ DISEASE—POLICY LIMIT $ EMPLOYERS'LIABILITY DISEASE—EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS THE CITY OF BREMERTON IS ADDED AS ADDITIONAL NAMED INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS INSURED LEASING LAND FROM THE CITY OF BREMERTON LEASE #3333 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF BREMERTON MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTENTION: MARGARET LESSOR LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 239 4TH STREET LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. BREMERTON WA 98310 AUTNORDEED REPRESENTATIVE O. li HP A ACORD 25-S (7/90) 9DA'> RD ORPORATION 1990 A4;OI:II„ CERTIFIC/•E OF INSURANCE ISSUE DATE (MM/DD/YY) 11/19/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE R S HAYWARD INSURANCE POLICIES BELOW. 647 FOURTH STREET COMPANIES AFFORDING COVERAGE BREMERTON WA 98310 COMPANY LETTER A AETNA CASUALTY & SURETY CO COMPANY B INSURED LETTER ELANDAN GARDENS COMPANY LETTER is 4394 PANTHER LAKE ROAD WEST COMPANY D BREMERTON WA 98312 LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED `:"MED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY 81GL23791853TCA 12/18/93 12/18/94 GENERAL AGGREGATE $1, 000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $1, 000, 000 CLAIMS MADE X OCCUR. PERSONAL&ADV.INJURY $ 500, 000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 500, 000 FIRE DAMAGE(Any one fire) $ 50, 000 MED.EXPENSE(Any one person) $ 5I000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE .$ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ AND DISEASE--POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE--EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS THE CITY OF BREMERTON IS ADDED AS ADDITIONAL NAMED INSURED AS THEIR INTEREST MAY APPEAR AS RESPECTS INSURED LEASING LAND FROM THE CITY OF BREMERTON CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF BREMERTON MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTENTION CITY CLERK LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 239 4TH STREET LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. BREMERTON WA 98310 AUTHORIZED REPRESENTATIVE .,..1�> 't`,_ . C'S� 13 HP A ACORD 25-S (7/90) ©ACORD CORPORATION 1990 MORD. CERTIFICf E OF INSURANCE • ISSUE DATE�18�92 12 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. R S HAYWARD INSURANCE COMPANIES AFFORDING COVERAGE 647 FOURTH STREET BREMERTON WA 98310 COMPANY A LETTER ^ AETNA CASUALTY & SURETY COMPANY B INSURED LETTER COMPANY ELANDAN GARDENS LETTER C' 4394 PANTHER LAKE ROAD WEST COMPANY D BREMERTON WA 98312 LETTER COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/YY) DATE(MM/DD/YY) UMITS A GENERALUABILITY 81GL22700567TCA 12/18/92 12/18/93 GENERAL AGGREGATE $1000, 000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG. $1000, 000 CLAIMS MADE X OCCUR. PERSONAL&ADV.INJURY $500, 000 OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $500, 000 FIRE DAMAGE(Any one fire) $50, 000 MED.EXPENSE(Any one person) $5, 000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT $ _. .._ _ DISEASE--POLICY LIMIT $ EMPLOYERS'LABILITY DISEASE--EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS CITY OF BREMERTON IS ADDED AS ADDITIONAL NAMED INSURED AS THEIR INTEREST MAY APPEAR CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF BREMERTON MAIL 30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ATTENTION CITY CLERK LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 239 4TH STREET LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. BREMERTON WA 98310 AUTHORIZED REPRESENTATIVE ,,,, BRIAN HUGHES ""� ACORD 25-S (7/90) © ORD-C6B.PORATION 1990 DEPARTMENT OF FINANCIAL SERVICES Tel 360-473-5290 Fax 360-473-5200 October 4,2005 345 6th Street,Suite 600 Bremerton,WA 98337-1873 Dan and diane Robinson Elandan Gardens Ltd. 4394 Panther Lake Road W Bremerton, Washington 98312 RE: Certificate of Insurance and Endorsement SECOND NOTICE Contract#3333 -Lease-Anderson Creek Staging Area Dear Mr. and Mrs. Robinson: During a review of contract files it has come to my attention that the insurance certificate provided by your firm has expired. The contract with you requires evidence of continuing coverage. The City of Bremerton is to be named an additional insured for coverage other than professional liability. A copy of the policy endorsement naming the City an additional insured should be attached to the certificate of insurance. Please contact your insurer or broker as soon as possible and have a replacement certificate and endorsement sent to my attention. City of Bremerton offices moved to the Norm Dicks Government Center in October, 2004. Please change your records to reflect the following address for contract correspondence and notices. In addition,please notify your insurer that certificates of insurance and endorsements should be sent to: Financial Services 345 Sixth Street,Suite 600 Bremerton, WA 98337-1873 A copy of the last insurance certificate and endorsement received in this office is enclosed for reference. Sincerely, Cherie Henry Administrative Assistant ch/ enclosure DEPARTMENT OF FINANCIAL SERVICES Tel 360-473-5290 Fax 360-473-5200 345 6th Street,Suite 600 August 9, 2005 Bremerton,WA 98337-1873 Dan and diane Robinson Elandan Gardens Ltd. 4394 Panther Lake Road W Bremerton, Washington 98312 RE: Certificate of Insurance Contract#3333 - Lease - Anderson Creek Staging Area Dear Mr. and Mrs. Robinson: During a review of contract files it has come to my attention that the insurance certificate provided by your firm has expired. The contract with you requires evidence of continuing coverage. The City of Bremerton is to be named an additional insured for coverage other than professional liability. A copy of the policy endorsement naming the City an additional insured should be attached to the certificate of insurance. Please contact your insurer or broker as soon as possible and have a replacement certificate and endorsement sent to my attention. City of Bremerton offices moved to the Norm Dicks Government Center in October,2004. Please change your records to reflect the following address for contract correspondence and notices. In addition, notify your insurer that certificates of insurance and endorsements should be sent to: Financial Services 345 Sixth Street,Suite 600 Bremerton, WA 98337-1873 A copy of the last insurance certificate received in this office is enclosed for reference. Sincerely, C�LCJ Cherie Henry Administrative Assistant ch/ enclosure . j .•yQ".+.�w I 1 V t A01171. , FINANCIAL SERVICES Tel 360-473-5290 Fax 360-473-5200 345 6th Street,Suite 600 Bremerton,WA 98337-1873 February 22, 2005 Dan and diane Robinson Elandan Gardens 4394 Panther Lake Road W Bremerton,Washington 98312 RE: Certificate of Insurance SECOND NOTICE Contract#3333 -Anderson Creek Staging Area-Elandan Gardens Dear Mr. and Mrs. Robinson: During a review of contract files it has come to my attention that the insurance certificate provided by your firm has expired. The contract with you requires evidence of continuing coverage. The City of Bremerton is to be named an additional insured for coverage other than professional liability. A copy of the policy endorsement naming the City an additional insured should be attached to the certificate of insurance. Please contact your insurer or broker as soon as possible and have a replacement certificate and endorsement sent to my attention at the following address: Financial Services 345 Sixth Street, Suite 600 Bremerton,WA 98337-1873 A copy of the last insurance certificate received in this office is enclosed for reference. Sincerely, Cherie Henry Administrative Assistant ch/ enclosure rt moi J � ��1 h t CITY OF r—'i� BREMERTON THE CITY OF PRIDE AND OPPORTUNITY FINANCIAL SERVICES Tel 360-473-5290 Fax 360-473-5200 239 4th Street Bremerton,WA 98337 September 14, 2004 Dan and diane Robinson Elandan Gardens 4394 Panther Lake Road W Bremerton, Washington 98312 RE: Certificate of Insurance Contract#3333 - Anderson Creek Staging Area- Elandan Gardens Dear Mr. and Mrs. Robinson: During a review of contract files it has come to my attention that the insurance certificate provided by your firm has expired. The contract with you requires evidence of continuing coverage. The City of Bremerton is to be named an additional insured for coverage other than professional liability. A copy of the policy endorsement naming the City an additional insured should be attached to the certificate of insurance. Please contact your insurer or broker and have a replacement certificate sent to my attention as soon as possible. A copy of the last insurance certificate received in this office is enclosed for reference. Sincerely, Cherie Henry Henry Office Assistant Sr. Specialist ch/ enclosure aka�r ItgliVi • �- - CITY OF BREMERTON THE CITY OF PRIDE AND OPPORTUNITY ADMINISTRATIVE SERVICES August 26, 2003 Dan and diane Robinson Elandan Gardens 4394 Panther Lake Road W Bremerton, Washington 98312 RE: Certificate of Insurance Contract#3333 - Lease - Anderson Creek Staging Area- Elandan Gardens Dear Mr. and Mrs. Robinson: During a review of contract files it has come to my attention that the insurance certificate provided by your firm has expired. Our contract with you requires evidence of continuing coverage. The City of Bremerton is to be named an additional insured for coverage other than professional liability. A copy of the policy endorsement naming the City an additional insured should be attached to the certificate of insurance. Please contact your insurer or broker and have a replacement certificate sent to my attention as soon as possible. Enclosed is a copy of the last insurance certificate received in this office. Sincerely, eljuic) Cherie Henry Office Assistant Sr. Specialist ch/ enclosure • • UM OF BREMERTON • 239 4th Street • Bremerton, WA 98337 PURCHASING DIVISION (360) 478-5293 FAX (360) 478-5200 July 2, 1998 Mr. & Mrs. D. Robinson Elandan Gardens 4394 Panther Lake Road West Bremerton, WA 98312 Re: Certificate of Insurance/Lease 3333 Dear Mr. & Mrs. Robinson: A review of our files indicates that the insurance certificate provided by your firm has or is about to expire. Please contact your insurer or broker and have a replacement certificate sent to me as soon as possible. Our contract with you requires evidence of continuing coverage of insurance. Enclosed is a copy of the current certificate on file with the City. Give me a call if you have any questions. Sincerely, 1 Gil Johnson Purchasing Manager AN EQl':\L.EMPLOYME.\'r OPPORTCN111 EMPLOYER • • • • 333 ; Alt. LW CITY OF BREMERTON • 239 4th Street • Bremerton, WA 98337 PURCHASING DIVISION (360) 478-5293 FAX (360)478-5200 July 1, 1997 Mr. Dan Robinson 4394 Panther Lake Rd W Bremerton, WA 98312 Re: Lease:: Certificate of Insurance Dear Sir: A review of our files indicates that the insurance certificate provided by your firm has or is about to expire. Please contact your insurer or broker and have a replacement certificate sent to me as soon as possible. Our contract with you requires evidence of continuing coverage of insurance coverage. Give me a call at ([360] 478-5293) if you have any questions. Sincerely, vas gar Gil Johnson Purchasing Manager AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER 1l t ADMINISTRATIVE SERVICES ■ KATHLEEN McCLUSKEY, DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard July 17, 1996 Daniel & diane Robinson 4394 Panther Lake Road W Bremerton, WA 98312 Re: Contract No. 3333 Dear Mr. and Mrs. Robinson: A review of our files indicates that the insurance certificates provided for your firm will expire in the near future. Please contact your insurer or broker and have a replacement certificate sent to me as soon as possible. Your contract requires continuous evidence of ongoing insurance protection. If you have any questions you may contact the City's Risk Manager, Peggy Lesser, at 478-5302. Thank you for your cooperation. Sincerely, Gilbert W. Johnson Deputy City Clerk GJ:ch 239 4TH STREET ■ BREh9ERTON,WA 98337 ■ (360)478-5290 ■ FAX(360)478-5200 An Equal Opporlunily Employer 01111111MIWIMITIMARITI ■ OFFICE OF THE CITY CLERK ■ Ali, Gateway to the Olympics and Home of the Puget Sound Naval Shipyard January 12 , 1994 Mr. and Mrs. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Dear Mr. and Mrs. Robinson: As you may recall, your lease of the Anderson Creek Staging Area requires that you obtain and keep in force at least $500, 000 of comprehensive public liability insurance insuring both you and the City. The lease further requires that you deliver a copy of this liability policy or a certificate of insurance evidencing its existence to the City prior to entering the property. My files indicate that this has not occurred even though you have apparently taken right of entry. Would you please comply with this contract requirement at your earliest convenience, but no later than January 24, 1994 . Thank you for your cooperation. Si ' eri- , / / % . Margait M. Lesser, ARM Risk Manager MML:ch cc: Lease File #3333 239 4TH STREET ■ BREMERTON,WA 983W ■ (206)478-5290 An Equal Oppvriuniiy Employer RE-,E, ENCKS. 11 RD. RED Section a-3 Township Z4 NoRT H _ Range ] F AST 2 / r , LOT j LOT 1 MI.° A / (25 A 5E LARC,E PEAT �'• ' ?PF` (8332) /, r D P I O- O' _ -------/.. HIGH TIDE Lit.): \\"- - -p- S-HOY.Lo-T 1 A5 • `per EST e S.C.131 5 Gam..'i _i o_ 4 , AI - - L\- SSC_-MbY Fz:32l _tet= ` =9Ac-_oY5TERLAN ' I-- n • • ,�..0 avtdo�v�. �-� ' l ctrdeits - •- '��� _�y� o�- FI<.L ,j -! �_-ppm/ • - . ,;,-,C) `` ' 1 j. i — I{I11I1 // P / LOT 3 34.7 A I r. N vy4 = LOT 4 ��sa���� i1 ------"---------l"- / _ LA R `PL AT 0 1- • 5EE a LARGE PLAT � w " oq /: ;r1 ii LO .R O.w. ti.. ' . 1, ~ N �! , MO iti 1, l--1 N a IIl I � .:111111 H v N 'I tl 1 ' I SE4SW 4 7 'i w4. Tax Description Tax Account No. Process No. Situs Address 332401-3-016-2004 1170430 33241E TDLDS FRTG GOVT LOT 4 LY S OF BDRY TRACT 1 VAC STATE OYSTER RESV ( BUILDING ONLY VALUE CARRIED UNDER ACCOUNT NO. 332401-3- 022-2006) ( E.X.V W b l+ A MEMORANDUM Department of Community Development 286 4th Street *Bremerton, WA 98337 CITY OF Phone: (360) 473-5275 BREMERTON Fax: (360) 473-5278 DATE: November 6, 2003 TO: Paula Johnston, Deputy City Clerk FROM: Robert J. Grumbach, AICP, Current Planner J L� SUBJECT: ELANDEN GARDENS PROPERTY A review of the City's Official Zoning map indicates that the above property located at 3050 W. State Highway 16 is designated with a Parks and Schools Zoning Classification. The purpose of this zone is to preserve lands for recreational and educational uses that benefit the community. According to BMC Section 21.02.120, Figure 120 (Zone Summary), this zoning designation allows passive and active parks, public and private schools, libraries and museums, non-profit recreational related activities, and Special Use Permit uses such as golf courses and buildings for non-profits. Please be aware that the zoning classification may change in the near future after the adoption of a new comprehensive plan. However, it is my understand at this time that specifics about the site's future comprehensive plan designation and zoning classification have not been formally discussed. innC (7Q - 55-7 //74J&U ' 14444lY K? 3- C76uP79 537 SUMMARY FROM PAZOOKI & MCMENAMIN ENGINEERING STUDY REPORT 6 ENGINEERING STUDY FOR THE CITY OF BRFMERTON'S LOG STAGING PROPERTY IN OORST, WASHINGTON SUMMARY INTRODUCTION: The City of Bremerton is in the process of evaluating several of its land holdings outside of the city limits. Part of the City's evaluation process involves analyzing the development potential of several of of its strategically located sites. The Log Staging site of Sinclair Inlet at the mouth of Anderson Creek is one such site. This study was commissioned to provide a preliminary assessment of several key aspects of site utilization, which might affect the development of the property. The areas of analysis include: site characteristics, soils, bank stabilization, water depth, site access, availability of utilities, and potential uses permitted on the site given zoning and other regulatory measures. The findings of the study are summarized as follows: SITE CHARACTERISTICS The site is legally described as including approximately 7 acres of area, however the portion above water is approximately 5.8 acres in size. Most of the site is gently sloping toward the water with the slope gradient of less than 5%. Vegetation on the site is mostly brush, scotchbroan and blackberry vines. The property is physically situated on the north side of S.R. 160, about 3/4 of a mile east of Gorst. SOILS Soils on the site are typically the same throughout its extent. The top one to five feet is a compact silty sand and gravel; below 1.5 feet to a depth of six to eight feet the fill is solid waste materials; between eight and ten feet the soil turns to a grayish-blackish silty sand and gravel; ground water was observed at the depth of approximately six to seven feet. Soils found on the site are not suitable for septic tank drainfields. These soils also do not possess suitable bearing properties to support a foundation. Consequently, if construction requiring stable soils is to take place on the site it will be necessary to install piles, or import suitable structural fill materials. 24 BANK STABILIZATION A site inspection revealed that there is evidence of bank erosion in several locations, but principally erosion is occurring on the northerly side of the property. On the northeast corner of the site there is rip-rap material which provides some protection from erosion. Installation of a 6 to 8 foot high bulkhead along the north and east boundary of the site would achieve two objectives: bank stabilization and a slight enlargement of the usable area of the site. WATER DEPTH According to U.S. Corps of Engineer's data, water elevations in the upper portions of Sinclair Inlet range between 0 at mean lower/low water and 11.7 feet at mean higher/high water. The site lies approximately 2,200 feet west from a point in the Inlet where the depth at mean lower/low water is approximately 12 feet. If the draft requirements for boats launched from the site exceeds 6 feet, it would not be feasable to launch from the site on a consistent basis without dredging the channel or installing a marine railway approximately 2,200 feet to the east. SITE ACCESS The site is immediately adjacent to S.R. 160. Since S.R. 160 is a state controlled highway ingress and egress is regulated by the State Department of Transportation. At present it is possible to negotiate both left and right turns into the site. The state has plans to install a median barrier -as part of its Gorst Vicinity improvements. That barrier will limit movements to right turn in and out only. AVAILABILITY OF UTILITIES WATER: Water is immediately available to the Site. At the west end of the site there is a 1" copper line and at the east end of the site there is a 6" cast iron line. Both lines are found immediately adjacent to the site. If necessary, it is possible to increase the line size of the easterly line, since it is installed in a 18" concrete culvert. The main transmission line which lies across S.R. 160 on the east side is a 22 1/2" steel pipe, which should have adequate line carrying capacity to support a larger service to the log staging property. 25 SANITARY SEWERS: 'Sanitary sewerebt"er6W6Vaildblert thdrsitA. The closest hook-up would regUiie' an'extension of approximately' 2.5 miles of pipe and at least one pump'Btation: The connection would be to the Port Orchard sewer system. On-site disposal is the only practical method to treat sewage. Because the soils on the site are not suitable for on-site disposal, a''succetsfully designed system would be dependent on importation of ' 'suitable ' fill ' material and the construction of a mound system."r STORM DRAINAGE: Storm water detention will not be required, but installation of catch basins and oil separators will minimize contaminants entering the bay. NATURAL GAS: There is no gas immediately available to the site. The closest point of hook-up is approximately 1,200 to 1,500 feet to the west at the Gorst Center Development. Cascade Natural Gas is willing to extend the line if profits justify the expense. If profits obtained in a three year period are not sufficient then it would be up to the site user to pay the installation costs up front. Cascade Natural Gas would then refund a portion of the installation costs at such time as other users are connected to the line. ELECTRICAL POWER: Puget Sound Power & Light Company provides three phase service in the immediate vicinity of the site. Although the site is not served at present, there are transmission lines located on the north side of S.R. 160, which could easily provide service to the site. POTENTIAL USES OF THE SITE The site is under the jurisdiction of Kitsap County; as such the County has zoned the property Business Trade. This zone is the most intense commercial zoning available in the County. It provides for a wide variety of retail/wholesale business uses. It also allows warehousing and limited amounts of "light clean manufacturing and assembly of products". Kitsap County by zoning the site Business Trade has indicated the types of uses which can be placed on the site. But none of the permitted uses can be physically implemented without first going through the County's site plan review process or the planned unit development (P.U.D.) approval process. The first is accomplished by administrative approval and the latter requires a public hearing and approval by the Kitsap County Board of Commissioners. If light manufacturing uses are to be implemented on the site a rezone would be required along with P.U.D. approval. 26 Because of the site conditions, and the County's Comprehensive Plan provisions, a light manufacturing rezone is a possibility. Manufacturing zoning might also be approved but such approval will also require a Comprehensive Plan amendment. Other permits required in addition 'Eo"rezone ;'and P.U.D.. approval include a Shoreline Management Substantial bevelopnent 'Permit. and U.S. Corps of Engineer's permits for dredging "and `bulkheading.^ Depending on the type of use ultimately placed on the site, and its requirements for bulkheading and dredging it is likely the County may require an Environmental Impact Statement (E.I.S.) . CONCLUSION: Given- the "foregoing areas " 1 fTexamination the most limiting feature of the site :are 'its -soils. For uses which require significant water depth; launching, barging, docking, etc. the site's waterfront proximity will have to be augmented by the construction of a marine railway or dredged channel to deeper water. 27 Kitsap County Planning Commission - Minutes & Notice of Decision August 31 , 1971 6TH ORDER OF NEW BUSINESS CITY OF BREMERTON - approved- PUBLIC HEARING was held on an application from the City of Bremerton requesting a zone reclassification from R-7500 M.H. to Commercial on property located at Gorst on the south side of Sinclair Inlet near the intersection of State Highway and the Port Orchard cut-off. THE PLANNING COMMISSION FINDS THAT : 1 . A previous application from the City of Bremerton for a zone re- classification from R•-7500 M.H . to Manufacturing on the same piece of property was denied. 2 . The site contains 6 . 5 acres is level topographically except in the water areas , is irregular in shape and currently is not in active use ; and 3 . Zoning of the property to the west is Manufacturing and the zoning on the other three sides is R-•7500 M. H. except across the highway to the east several hundred feet there is a Business-General (trailer equipment sales ) zone and to the west several hundred feet is the beginning of a commercial zone of Gorst . The land use on the nearest fill to the west of the subject property is for manufacturing and the property to the south is steep and not in use . The State Highway intersection .it' east of the subject property and then beyond that intersection , there are residential uses on the waterfront . 4 . The site is part of the Gorst Urban Center; and 5 . Access to the site is from Highway No . 16 ; and Mr. George Plescher, Planning Director, City of Bremerton, presented the application . There was no opposition presented at the hearing. After further discussion , motion was made and seconded to dismiss with the Ausual procedure and take action on the application as members of the Commission were acquainted with the property . MOTION PASSED. VOTE : Ayes 5 ; Nays 2 ; 1 Abstention ; 1 Absent . Based on the above findings of fact and reasons and after considering all information offered at the hearing, motion was made and seconded that the application for a zone reclassification from R--7500 M.H . to Commercial for the City of Bremerton on property located at Gorst be recommended for approval with an ;additional finding that : 1 . That granting of the rezone -would be necessary for the preservation and enjoyment of the substantial property right of the petitioner and would not be materially detrimental to the public welfare nor the property of other persons located in the vicinity thereof. MOTION PASSED. VOTE: Ayes 5 ; Nays 2 ; Absent 1 ; with Chairman not voting. DATED this 31st day of August , 1971 . KITSAP COUNTY PLANNING COMMISSION _C-x-E-� � t �_ , AL1 Joyce Merkel , Secretary Richard Rylander, Chairman 28 r\ I I J to I —v'-- I . i 1 'r GOVT. LOT 4 , SEC.33,T2_4N, RIE,W.M . 1 CITY OF BREMERTON, .5Tn-I-r-r_.. OF WN. I I u is f If ; v° , nO�' ,r . 1 nn• tom^ ` r / M ,� • 'o / Nva . . n o �\ e. / 3 h p- zvz 3 e 29 s �m ' Z io I d i i ti 71 ` O v 1' O IO MORTI-1 z .. :SCALE. , Io.—40 J I u } • ' S.W. CORNER GOV'T. LOT 4 SEC. '331T 2.4N,RI E,W.M. LEGEND •.a ZONED AREA C CO M M E R C I A 1._ • c APPROVED Ti-II _3I ST DAY of JnUUU JT 197! :.. / CI-1A1rzMAIv Y,..,'_(_:_.� ; I',-_ c t(.4el(- - "Y SECRETARY ,'rt ( J r _./, L-1- M ...... p O U. n I N 0l. W N :,� •r. "1 O to ,•',I W N uM Q M = " n s, W Q 4 4 CO W _ Q Q u ` O W CC W V � W • IC Z N ` CA O Z 0 0 Q m , W 1_, \ ..3 : 1E- .11 i i \ >- yC V o \\ç cn \ —I = �'0 03 r \\ a z W •, r o C) iii . Q fus. o f 1 \ w v t�� t.\ • Y CC ' �` , J d3 CC . ilk t. A •r m li:;.) 14\ ..>, s 1 ��, -. dS O ..., ,,,, \ , , fi, „„,, 1 0 ' co �: ill ik �;,� /RE m �.�. ,� �..• ' wai Q .k 4.. ''�... Y` oC i Ada.--klit ' III .7.:"Proala • _ . .iv. ,;‘,.‘ : .-- 1 \\,\\ NI, \\:,.. A ‘Niiikk‘I /) arc 30 AUG-28-2003 03:34PM FROM-TRIGG INSURANCE +206-463-7414 T-789 P.001/002 F-668 Trigg Insurance Agency 17425 Vashon Hwy. SW P.O. Box 509 Vashon, WA 98070 Fax Transmittal TO: Cherie Heniy/City of Bremerton/Administration Services PAX NO, 360-478-5200 FROM: Dane Hansen DATE; August 28, 2003 RE: Elandan Gardens Ltd/Certificate of Insurance TOTAL NUMBER OF PAGES,INCLUDING COVER PAGE: 2 IF YOU DID NOT RECEIVE ALL PAGES, PLEASE CALL OUR OFFICE IMMEDIATELY. MESSAGE:: Dear Ms Henry: Please see the following certificate of insurance. The original will follow in the mail. If you have any questions regarding this certificate, please do not hesitate to contact our office. Sincerely, itike X44(4t4' (206) 463-7411 (253) 952-4838 (800) 691-6756 (206) 463-7414 King County Pierce County Washington Only Fax (1) The City shall have power to own and operate any public utility and may purchase, construct, condemn or acquire any public utility provided by law, and may make any additions or betterments or extensions of any existing utility, and the provision therefor shall be by ordinance which shall specify and adopt the plan or system proposed and declare the estimated cost thereof. Any ordinance providing for a newly owned and operated utility shall be submitted for ratification or rejection to the qualified voters of the City at a general or special election called for that purpose. Provided, however, that an ordinance providing for the extension, enlargement or improvement of an existing utility shall conform to RCW 35.92.070 and need only be submitted to the voters as required thereby. (2) Nothing in this Charter shall be construed to permit the city of Bremerton to sell all or any portion of any of the real property now owned or hereafter acquired for water supply purposes generally known as watersheds, whether or not currently used for water supply purposes,unless a question of such proposed sale shall be approved by a majority plus one of the council membership or shall have been first submitted to the qualified electors of the city by a majority plus one of the council membership at a municipal general or special election and assented to by sixty percent of said electors voting on such question. (3) The City shall not sell, lease or dispose of any utility lands, systems or parts thereof essential to continued effective utility service,unless and until such disposal is approved by a majority plus one vote of Council. ARTICLE VI. Civil Service Section 30-Commission,Creation of: There is hereby established a Civil Service Commission of five members,who shall be appointed by the Mayor and approved by Council,and who shall be citizens of the United States,residents of the City for at least one year preceding such appointment. The term of office of such commissioners shall be for three years on staggered terms. Any vacancies in the commission shall be filled by the Mayor and approved by Council for the unexpired term. Any member of said commission may be removed from office for incompetency,incompatibility or dereliction of duty, malfeasance in office,or other good cause after charges in writing have been preferred,due notice given and a full hearing had in Superior Court unless such hearing is waived in writing. Section 31 -Commission,Rules and Powers: (1) The Commission shall make such rules and regulations for the conduct of its business and to enforce the purposes of this article as shall be necessary and proper. CHARTER REV-11/5/96 12 From: Paula Johnston To: diane Robinson Date: 9/23/03 9:32AM Subject: Re: Lease Agreement Hello diane, We are scheduled for Council Committees on Tuesday, October 7th at 5:15pm in the Council Conference Room on the second floor of City Hall. Then we will present at the Council Meeting on Oct 15th at 5:30pm. I recommend that you come to the Committees on the 7th to hear the discussion. I will email you the final draft of the agreement when I get it from the Attorney's office. Robert Grumbach is the planner who can help you with your shoreline and development questions. His number is 473-5379. Hope to see you on the 7th. Thanks! pj Paula Johnston, Deputy Clerk City of Bremerton 239 4th St, Bremerton WA 98337 (360)478-5311 (360)478-5200 fax pjohnston@ci.bremerton.wa.us >>> "diane Robinson" <dianerobinson@prodigy.net> 09/22/03 01:24PM >>> Hi Paula, yes I think we are ready to ask the Council. And the first term at ten years is really important to us. Also, I believe we will need to talk with someone in the building dept for some advice re: a change to our shoreline permit. Since we are so regularly robbed, we are wanting to build a substantive studio (more like a vault) to work in and to protect our equipment. At this point it is a comforting idea, but when we find out how difficult it is to go thru the process, I'm sure it won't be so comforting. Thank you for getting the detective to email us. I know the officers are working hard to try to find the culprit. thank you, diane Original Message From: "Paula Johnston" <pjohnston@ci.bremerton.wa.us> To: <dianerobinsonprodigy.net> Sent: Monday, September 22, 2003 8:37 AM Subject: Re: Lease Agreement > Hello diane, > I do believe we can offer ten years for the first term. Is there > anything else you would like to discuss or can I go forward and schedule > this agreement for Council action? Thanks. pj > Paula Johnston, Deputy Clerk > City of Bremerton > 239 4th St, Bremerton WA 98337 > (360)478-5311 > (360)478-5200 fax > pjohnston(a ci.bremerton.wa.us > >>> "diane Robinson" <dianerobinson@prodigy.net> 09/17/03 12:06PM >>> > Hi Paula, just returned from vacation to learn that we had been robbed > again. This is a very big and damaging hit with theft of very > expensive > tools, bonsai and destruction of two gates...not to mention a one ton > truck > stolen. I am also dealing with a little physical problem that I am > taking > pain meds for, so I'm not able to be focused. > The lease looks fine, however I think the first span of time needs to > be ten > years, then five five year options. Do you think this is possible? > Do you have any pull on the police dept? I can't get them to return > calls. > diane > Original Message > From: "Paula Johnston" <piohnston@ci.bremerton.wa.us> > To: <dianerobinson(a�prodigv.net> > Cc: "Michael Wilson" <mwilson@ci.bremerton.wa.us> > Sent: Friday, September 12, 2003 9:00 AM > Subject: Re: Lease Agreement > > Hi diane, > > Hope you are doing well. Just checking to see if you had > > questions/concerns with the latest draft of the lease agreement. I > > would like to schedule for Council approval soon. Please give me a > > call. Thanks. pj > > > > Paula Johnston, Deputy Clerk > > City of Bremerton > > 239 4th St, Bremerton WA 98337 > > (360)478-5311 > > (360)478-5200 fax > > pjohnston(a�ci.bremerton.wa.us > > > > > > >>> "diane Robinson" <dianerobinson(cr�prodigy.net> 08/26/03 09:55AM > >>> > > Hi Paula, I have copied the lease proposal and will review it today. > > Thank > > you. diane > > Original Message > > From: "Paula Johnston" <pjohnston@ci.bremerton.wa.us> > > To: <dianerobinson a(�prodigy.net> > > Cc: "Michael Wilson" <mwilson@ci.bremerton.wa.us>; "Paul Lucas" > > <plucas@ci.bremerton.wa.us>; "Simon Stocker" > > <sstocker@ci.bremerton.wa.us> > > Sent: Monday, August 25, 2003 5:09 PM > > Subject: Lease Agreement > > > > > > > Hello diane, > > > Attached you will find an amended lease agreement. Please note > that > > > the term has been extended to five years plus four five-year > renewal > > > options. Also, several sections were reworked to accommodate some » of > > > your concerns. These include Sections: > > > 2.2 Restriction on Use > > > 3.3 Right to Terminate Early > > > 7.2 Construction > > > 7.3 Removal > > > 9.2 Event of Assignment was removed > > > 11.3 Subrogation > > > 13 Damage or Destruction > > > > > > Please give me a call or email after your review and I will be > happy » to > > > go over the changes after you have had a chance to read the lease. > > We > > > will need to schedule this item for City Council approval when you > > are > > > ready to go. Thanks. pj >> > > > > Paula Johnston, Deputy Clerk > > > City of Bremerton > > > 239 4th St, Bremerton WA 98337 > > > (360)478-5311 > > > (360)478-5200 fax > > > pjohnston(c�ci.bremerton.wa.us > > > > > > CC: Michael Wilson; Robert Grumbach From: Tim Lopez To: Paula Johnston Date: 9/19/03 11:59AM Subject: Fwd: Re: Lease Agreement We are in touch with Aladdin Garden! >>> Kevin Crane 09/19/03 09:55AM >>> It is Robbie's case, and he was at DT the day (Wed) I assigned it to him. Robbie was in touch with her on Thursday and conducted some follow up on it. The case is active with some leads at this time. Kevin >>> Tim Lopez 09/17/03 04:11 PM >>> Kevin below in this e-mail is the owner from Aladdin Gardens who says no one from the P.D. will call her about her burglary/. Please find out about the burglary and see if there is anything we can do to help with this! Let me know the result. Thanks Tim >>> Paula Johnston 09/17/03 01:47PM >>> Hi diane, I am sorry to hear about your vandalism and theft. Lt. Tim Lopez will make sure you are contacted by the Police Dept. I will let you know about the ten year term. I see no problem with it, but I need clearance from the Utility folks. Will let you know asap. Thanks. pj Paula Johnston, Deputy Clerk City of Bremerton 239 4th St, Bremerton WA 98337 (360)478-5311 (360)478-5200 fax pjohnston(a.ci.bremerton.wa.us >>> "diane Robinson" <dianerobinson@prodigy.net> 09/17/03 12:06PM >>> Hi Paula, just returned from vacation to learn that we had been robbed again. This is a very big and damaging hit with theft of very expensive tools, bonsai and destruction of two gates...not to mention a one ton truck stolen. I am also dealing with a little physical problem that I am taking pain meds for, so I'm not able to be focused. The lease looks fine, however I think the first span of time needs to be ten years, then five five year options. Do you think this is possible? Do you have any pull on the police dept? I can't get them to return calls. diane Original Message From: "Paula Johnston" <pjohnston@ci.bremerton.wa.us> To: <dianerobinson@prodigy.net> Cc: "Michael Wilson" <mwilson(cci.bremerton.wa.us> Sent: Friday, September 12, 2003 9:00 AM Subject: Re: Lease Agreement > Hi diane, > Hope you are doing well. Just checking to see if you had > questions/concerns with the latest draft of the lease agreement. I > would like to schedule for Council approval soon. Please give me a > call. Thanks. pj > Paula Johnston, Deputy Clerk > City of Bremerton > 239 4th St, Bremerton WA 98337 > (360)478-5311 > (360)478-5200 fax > pjohnston@ci.bremerton.wa.us > >>> "diane Robinson" <dianerobinson(a�prodigy.net> 08/26/03 09:55AM >>> > Hi Paula, I have copied the lease proposal and will review it today. > Thank > you. diane > Original Message > From: "Paula Johnston" <pjohnston(a�ci.bremerton.wa.us> > To: <dianerobinson(a�prodigv.net> > Cc: "Michael Wilson" <mwilson@ci.bremerton.wa.us>; "Paul Lucas" > <plucas@ci.bremerton.wa.us>; "Simon Stocker" > <sstocker@ci.bremerton.wa.us> > Sent: Monday, August 25, 2003 5:09 PM > Subject: Lease Agreement > > Hello diane, > > Attached you will find an amended lease agreement. Please note that > > the term has been extended to five years plus four five-year renewal > > options. Also, several sections were reworked to accommodate some > of > > your concerns. These include Sections: > > 2.2 Restriction on Use > > 3.3 Right to Terminate Early > > 7.2 Construction > > 7.3 Removal > > 9.2 Event of Assignment was removed > > 11.3 Subrogation > > 13 Damage or Destruction > > > > Please give me a call or email after your review and I will be happy > to > > go over the changes after you have had a chance to read the lease. > We > > will need to schedule this item for City Council approval when you > are > > ready to go. Thanks. pj > > > > Paula Johnston, Deputy Clerk > > City of Bremerton > > 239 4th St, Bremerton WA 98337 > > (360)478-5311 > > (360)478-5200 fax From: Paula Johnston To: dianerobinson@prodigy.net Date: 8/25/03 5:09PM Subject: Lease Agreement Hello diane, Attached you will find an amended lease agreement. Please note that the term has been extended to five years plus four five-year renewal options. Also, several sections were reworked to accommodate some of your concerns. These include Sections: 2.2 Restriction on Use 3.3 Right to Terminate Early 7.2 Construction 7.3 Removal 9.2 Event of Assignment was removed 11.3 Subrogation 13 Damage or Destruction Please give me a call or email after your review and I will be happy to go over the changes after you have had a chance to read the lease. We will need to schedule this item for City Council approval when you are ready to go. Thanks. pj Paula Johnston, Deputy Clerk City of Bremerton 239 4th St, Bremerton WA 98337 (360)478-5311 (360)478-5200 fax pjohnston@ci.bremerton.wa.us CC: Michael Wilson; Paul Lucas; Simon Stocker LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "Lease") is between the CITY of BREMERTON, a municipal corporation of the State of Washington, with offices located at 239 Fourth Street, Bremerton, Washington 98337 (hereinafter "City"), and Daniel Robinson and diane Robinson,husband and wife(hereinafter"Tenant"). RECITALS WHEREAS, the City now owns certain land which Tenant has been leasing since August 1991; and WHEREAS, it is the parties' desire to enter into a ten (10) year lease to allow Tenant to continue to carry on its business; and NOW, THEREFORE, the City and Tenant agree as follows: AGREEMENT 1. PROPERTY. 1.1 Property Defined. The City leases to Tenant and Tenant leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions set forth in this Lease (collectively the "Property" or"Leased Property"). 1.2 Survey, Maps, and Plans. Tenant is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 1.3 Inspection. The City makes no representation regarding the condition of the Property, or the improvements located on the Property. 2. USE. 2.1 Permitted Use. Tenant shall use the Property for a retail garden center and tourist attraction (the "Permitted Use") and for no other business or purpose, without the prior written consent of the City. The Property shall not be used for illegal purposes. It is agreed that this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. 2.2 Restrictions on Use. Tenant shall not cause or permit any damage to natural resources on or adjacent to the Property. Tenant shall also not cause or permit any filling activity to occur on the Property without required permits. This requirement may pertain to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or Lease Agreement - 1 (Between City of Bremerton and Daniel and diane Robinson) on the Property, except as is permitted herein and performed in the ordinary course of the business of Tenant's greenhouse business and except as otherwise approved in writing by the City. If Tenant fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 2.2, the City shall notify Tenant and provide Tenant a reasonable deadline to take all steps necessary to remedy the failure. If Tenant fails to do so in a timely manner, then the City may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon demand by the City, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. This section shall not in any way limit Tenant's liability under Section 8, below. The covenants contained in Section 2.2 shall survive expiration or termination of this Lease.. 2.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. 2.4 Liens and Encumbrances. Tenant shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 3. TERM. 3.1 Term Defined. The term of this Lease is five(5)years(the "Term"), beginning on the th day of , 2003 (the "Commencement Date"), and ending on the_th day of , 20 (the "Termination Date"), unless terminated sooner under the terms of this Lease. 3.2 Option to Extend. Tenant shall have the option of extending this lease for up to 4 additional 5 year terms upon delivering written notice to the City sixty(60)days prior to the expiration of the term. If this option is exercised, the Tenant and the City shall each gain the additional right to terminate the extended portion of the lease as provided for in Section 3.3 of this agreement. 3.3 Right to Terminate Early. If Tenant exercises its option to extend the lease under section 3.2, the parties shall have the following additional rights under this agreement. Tenant shall have the right to terminate the lease at any time during the lease option term upon giving the City one hundred eighty(180) days prior written notice of termination. If the City determines that the Property is once again needed for Utility purposes,the City may terminate the lease, without cost or penalties, at any time during the lease option term upon giving the Tenant one hundred eighty(180) days prior written notice of termination. 3.4 End of Term. Upon the expiration or termination of the Term, as applicable, Tenant shall surrender the Property to the City in the same or better condition as existed on August 1991,the date Tenant originally took possession of the property, reasonable wear and tear excepted. 3.5 Hold Over. If Tenant remains in possession of the Property after the Termination Date,the occupancy shall not constitute an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty(30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Lease Agreement- 2 (Between City of Bremerton and Daniel and diane Robinson) Termination Date and Tenant fails to do so within the time set forth in the notice,then Tenant shall be a trespasser and shall owe the City all amounts due under applicable law. 4. LEASE PAYMENT. 4.1 Monthly Payment. Tenant shall pay to the City a monthly payment of Four Hundred Dollars ($400.00), plus the leasehold tax of 12.84 percent as set forth in Section 5 for a total monthly payment of $451.36 ("Lease Payment"). The first installment shall be due and payable on or before the Commencement Date, and subsequent installments shall be due and payable on or before the same day of each month thereafter. 4.2 Payment Place. Payment is to be made to the City of Bremerton, Attn: Finance Director, 239 Fourth Street, Bremerton, Washington 98337. 4.3 CPI Adjustment. At the beginning of each successive year thereafter, the monthly lease payment shall automatically be adjusted based upon the Consumer Price Index for All Urban Consumers (CPI-U), U.S. City Average, as published by the Bureau of Labor Statistics for the year ending June 30 of the prior year. 5. OTHER EXPENSES. During the Term, Tenant shall pay the following additional expenses: 5.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, stormwater, water, gas, and telephone service. 5.2 Taxes and Assessments. Tenant shall pay all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever, applicable or attributable to the Property, Tenant's leasehold interest,the improvements, or Tenant's use and enjoyment of the Property. 5.3 Right to Contest. Tenant may, in good faith, contest through any established appeal process or similar procedure any tax or assessment at its sole cost and expense. At the request of the City, Tenant shall furnish reasonable protection in the form of a bond or other security, satisfactory to the City, against any loss or liability by reason of such contest. 5.4 Proof of Payment. Tenant shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 5.5 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost in accordance with the provisions of Section 6, unless Tenant has contested any amount due pursuant to Section 5.3 above. 6. LATE PAYMENTS AND OTHER CHARGES. 6.1 Late Charge. If any rental payment is not received by the City within ten (10) days of the date due, Tenant shall pay to the City a late charge equal to four percent ( %) of the amount of the payment or Dollars ($ ), whichever is greater, to defray the overhead expenses of the City incident to the delay. Lease Agreement- 3 (Between City of Bremerton and Daniel and diane Robinson) 6.2 Interest Penalty for Past Due Lease Payments and Other Sums Owed. If a Lease Payment is not paid within thirty (30) days of the date due, then Tenant shall, in addition to paying the late charges determined under Subsection 6.1, above, pay interest on the amount outstanding at the rate of one percent (1%)per month until paid. If the City pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Section 2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Tenant shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent(1%)per month from the date the City notifies Tenant of the payment or advance unless Tenant has contested any amount due pursuant to Section 5.3 above. 6.3 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Tenant pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. 7. IMPROVEMENTS. 7.1 Tenant-Owned Improvements. So long as this Lease remains in effect, Tenant shall retain ownership of all Existing Improvements and all authorized improvements and trade fixtures it may place on the Property (collectively "Tenant-Owned Improvements"). Tenant- Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined in Subsection 7.4 below. No Tenant-Owned Improvements shall be placed on the Property without the City's prior written consent. 7.2 Construction. Prior to Tenant commencing any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Tenant- Owned), Tenant shall submit to the City plans and specifications which describe the proposed activity. Construction shall not commence until the City has approved those plans and specifications in writing and Tenant has obtained a performance and payment bond in an amount equal to 100% of the estimated cost of construction. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. The City shall have thirty(30) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Tenant otherwise within the thirty (30) days. Upon completion of construction, Tenant shall promptly provide the City with as-built plans and specifications. The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. 7.3 Removal. Unless otherwise agreed by the City in writing, Tenant-Owned Improvements shall be removed by Tenant by the Termination Date. If the Tenant-Owned Lease Agreement-4 (Between City of Bremerton and Daniel and thane Robinson) Improvements remain on the Property after the Termination Date, they shall become the property of the City without payment by the City. 7.4 Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 7.2 or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Tenant to sever, remove, and dispose of them, charge Tenant rent for the use of them, or both. If Tenant fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Tenant for the cost of removal and disposal. 8. HAZARDOUS SUBSTANCES—INDEMNITY. 8.1 Except as limited by 8.2 below, City shall indemnify and hold harmless Tenant from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses of which accrue to or are incurred by Tenant directly or indirectly, from or out of, the discovery or cleanup of hazardous substances on the property which pre-exist this lease. 8.2 Upon discovery of any hazardous substance on the Property, Tenant shall promptly notify the City. 8.3 City shall have the option to terminate this lease upon thirty (30) days written notice to Tenant, if cleanup of a hazardous substance from the site can be avoided by nonuse of the Property, or if cleanup would interfere with Tenant's use of the Property so as to incur additional cost under subparagraph 8.1. 8.4 Tenant shall indemnify and hold harmless the City from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by the City which arise directly or indirectly from the discovery or cleanup of hazardous substances from the premises which are deposited on the Property during the term of this lease. 8.5 Hazardous substance shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this lease. 9. ASSIGNMENT AND SUBLETTING. 9.1 City Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City. In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant. 9.2 Rent Payments Following Assignment. The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. Lease Agreement- 5 (Between City of Bremerton and Daniel and thane Robinson) 10. INDEMNITY. 10.1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Tenant) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any act or omission by Tenant any officer, agent, employee, guest, invitee, or visitor of Tenant; and, during the full term hereof, Tenant agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property, in or on said building(s), or on any areas adjoining the same, which is under the control or use of Tenant pursuant to this lease and arising out of or in connection with Tenant's use and occupancy of said Property. City agrees and covenants to indemnify, defend, and hold harmless the Tenant, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement. 10.2 Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Tenant and the City, its officers, officials, employees, and volunteers, the Tenant's liability hereunder shall be only to the extent of the Tenant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE TENANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of Section 10 shall survive the expiration or termination of this Lease. 11. INSURANCE. 11.1 General Commercial Liability Insurance. Tenant agrees to procure and maintain in force during the term of this Lease and any extension thereof, at its expense, general commercial general liability insurance. This insurance shall be adequate to protect against liability for damage claims through public use of or from accidents or other liability arising out of Tenant's use or occupancy of the Property and buildings thereon. This insurance shall be in a minimum amount of$1,000,000 combined single limit per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage which may be covered under a blanket policy. Tenant agrees that, if such insurance policies are not kept in force during the term of this Lease and any extension thereof, the City may procure the necessary insurance, pay the premium therefor, and that such premium shall be repaid to the City on demand. The City shall be named as an additional insured as to liability arising out of the Property and buildings thereon and the insurance of Tenant shall be the primary insurance as to said liability. 11.2 Certificate of Insurance. Tenant shall provide to the City documentary evidence, certified by the insurer, of all insurance(s)required in this Lease. Lease Agreement- 6 (Between City of Bremerton and Daniel and thane Robinson) 11.3 Subrogation. The City shall not be liable to Tenant (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Tenant shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 12. MAINTENANCE AND REPAIR. 12.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. 12.2 Tenant's Repairs, Alteration, Maintenance and Replacement. (a) Tenant shall, at its sole cost and expense, keep and maintain the Property and all improvements (regardless of ownership) in good order and repair, in a clean, attractive, and safe condition. (b) Tenant shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority. (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. 13. DAMAGE OR DESTRUCTION. 13.1 In the event of any damage to or destruction of the Property or any improvements, Tenant shall promptly give written notice to the City. 13.2 Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property. 14. DEFAULT AND REMEDIES. 14.1 Acts Constituting Default. Tenant shall be in default of this Lease on the occurrence of any of the following: (a) Failure to pay Rent or other expenses when due; (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other provision of this Lease; (d) Failure to cure a default pursuant to Section 14.2 below; or (e) Proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property. 14.2 Failure to Cure. A default shall become an event of default ("Event of Default") if Tenant fails to cure the default within thirty (30) days after the City provides Tenant with written notice of default, which specifies the nature of the default Lease Agreement - 7 (Between Guy of Bremerton and Daniel and thane Robinson) 14.3 City's Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease and remove Tenant by summary proceedings or otherwise. The City may also, without terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate. If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Tenant to the City; (2) to the payment of any cost of such reletting; (3) to the payment of the cost of any alterations and repairs to the Property; and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease. Any balance shall be held by the City and applied to Tenant's future rent as it becomes due. Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Tenant or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default. 15. ENTRY BY THE CITY. The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon twenty-four (24) hours notice. The City and/or City's agents shall comply with all of Tenant's work safety rules and restrictions, including but not limited to following Tenant's warning instructions and, without prior approval of the Tenant, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property. 16. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City: Director of Public Works and Utilities City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Tenant: A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 17. MISCELLANEOUS. Lease Agreement - 8 (Between City of Bremerton and Daniel and thane Robinson) 17.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease, and that each and every person signing on behalf of Tenant is authorized to do so. 17.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties,their successors and assigns. 17.3 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. 17.4 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted. 17.5 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 17.6 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 17.7 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 17.8 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Anyreference to a statute shall mean that g statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. 17.9 Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 17.10 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 17.11 Quiet Enjoyment. The City covenants and agrees that Tenant, upon performing the terms and conditions of the Lease, may peacefullhold and enjoy the Property during said term without any interruption by the City, its successors or assigns. City will use its best efforts not to interfere with Tenant's business or right of access to and from the Property during the term of this Lease. 17.12 Recording of Short Form Lease. Neither the City nor Tenant may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this lease, setting forth a description of the Property, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded. Lease Agreement- 9 (Between City of Bremerton and Daniel and thane Robinson) 17.13. Duplicate Originals. This Lease Agreement may be executed in duplicate originals. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF BREMERTON Daniel Robinson By: Cary Bozeman Date: Its: Mayor Date: dianne Robinson Date: Lease Agreement - 10 (Between City of Bremerton and Daniel and diane Robinson) STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2003. NOTARY PUBLIC in and for the State of Washington,residing at My commission expires / / . STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Daniel Robinson is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2003. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / . Lease Agreement- 11 (Between City of Bremerton and Daniel and diane Robinson) STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that diane Robinson is the person who appeared before me, and acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2003. NOTARY PUBLIC in and for the State of Washington,residing at My commission expires / / . R:\LEGAL\Contracts\Elandan Gardens Lease-Final(2003).doe Lease Agreement- 12 (Between City of Bremerton and Daniel and diane Robinson) r- ,I1 -11 Pr17.3 YC 1 T Y 401 ADMINISTRATIVE SERVICES Deputy City Clerk I Paula Johnston Tel 360-473-5311 pjohnstontci.bremerton.wa.us Fax 360-473-5200 239 4th Street Bremerton,WA 98337 April 8, 2003 l ._ Dan and diane Robinson Elandan Gardens 3050 W State Highway 16 Bremerton, Washington 98312 Dear Mr. and Mrs. Robinson: Enclosed for your records is a fully executed copy of the Contract Modification Agreement for the Anderson Creek Staging Area. Sincerel /1///7,0° 'aula Johns'• Deputy Cid/ Clerk PJ:ch enclosure cc: Paul Lucas(w/encl) From: Paula Johnston To: Gene Sampley Date: 3/26/03 3:02PM Subject: Re: Lease Agreement Gene, Thanks for talking with her. Your interchange definitely helped. As planned, Paul, Simon and I will finish negotiating the lease in the middle of April. Thanks!! pj Paula Johnston, Deputy Clerk City of Bremerton 239 4th St, Bremerton WA 98337 (360)478-5311 (360)478-5200 fax pjohnston@ci.bremerton.wa.us >>> Gene Sampley 03/26/03 11:04AM >>> Paula, diane contacted me prior to your exchange below and said she thought the City was trying to get back at them with all kinds of restrictions and a more complicated lease because of the berm fill issue we had with them a few years ago. I told her I hadn't looked at the proposed lease in detail but that it was more detailed because we have new language in our lease agreements for everyone. I assurred her that it had nothing to do with anything in the past. She asked me to read the lease and compare it to the old one. I did and don't see anything in particular that she could be pointing at. It appears by your exchange she has calmed down somewhat and may have come to the same conclusion. I'm stepping out of the picture so that we don't get triangulated in these negotiations. It was not my intent to be involved in the first place. Thanks, Gene >>> Paula Johnston 3/25/03 >>> Hello diane, After checking with Paul Lucus of Public Works, it would be better to meet with you upon your return. I will check in with you after April 9th. In the meantime, please sign and return the extension agreement that I sent to you last week. Thanks. pj Paula Johnston, Deputy Clerk City of Bremerton 239 4th St, Bremerton WA 98337 (360)478-5311 (360)478-5200 fax pjohnston(a7ci.brem erton.wa.us >>> "diane Robinson" <dianerobinson(a..prodiay.net> 03/24/03 12:24PM >>> Hi Paula, I am ready to meet with the City regarding the lease. I only have a few questions; a couple areas I'm wondering if there is flexiblility. Is this week possible? If not, then I am not available again until after April 9. Looking forward to the meeting. diane Original Message From: Paula Johnston To: diane Robinson Date: 3/25/03 10:51AM Subject: Re: Lease Agreement Hello diane, After checking with Paul Lucus of Public Works, it would be better to meet with you upon your return. I will check in with you after April 9th. In the meantime, please sign and return the extension agreement that I sent to you last week. Thanks. pj Paula Johnston, Deputy Clerk City of Bremerton 239 4th St, Bremerton WA 98337 (360)478-5311 (360)478-5200 fax pjohnston@ci.bremerton.wa.us >>> "diane Robinson" <dianerobinson@prodigy.net> 03/24/03 12:24PM >>> Hi Paula, I am ready to meet with the City regarding the lease. I only have a few questions; a couple areas I'm wondering if there is flexiblility. Is this week possible? If not, then I am not available again until after April 9. Looking forward to the meeting. diane Original Message From: Paula Johnston <pjohnston(a�ci.bremerton.wa.us> To: <dianerobinson(a.prodigy.net> Sent: Tuesday, March 11, 2003 4:17 PM Subject: Re: Lease Agreement > Hi diane, > I had trouble with your email address but got assistance from Abdel. > Please review and call me. I will then schedule a meeting with our Asst > City Attorney, Simon Stocker and Paul Lucas of Public Works. Thanks. > pj > Paula Johnston, Deputy Clerk > City of Bremerton > 239 4th St, Bremerton WA 98337 > (360)478-5311 > (360)478-5200 fax > piohnston(aci.bremerton.wa.us > >>> "diane Robinson" <dianerobinson(a�prodigy.net> 03/11/03 04:21PM >>> > Hello > Abdel CC: Gene Sampley; Michael Wilson; Paul Lucas; Simon Stocker From: Paula Johnston <pjohnston a,,ci.bremerton.wa.us> To: <dianerobinson(a�prodigy.net> Sent: Tuesday, March 11, 2003 4:17 PM Subject: Re: Lease Agreement > Hi diane, > I had trouble with your email address but got assistance from Abdel. > Please review and call me. I will then schedule a meeting with our Asst > City Attorney, Simon Stocker and Paul Lucas of Public Works. Thanks. > pj > Paula Johnston, Deputy Clerk > City of Bremerton > 239 4th St, Bremerton WA 98337 > (360)478-5311 > (360)478-5200 fax > piohnstonna.ci.bremerton.wa.us > >>> "diane Robinson" <dianerobinson@prodigy.net> 03/11/03 04:21 PM >>> > Hello > Abdel CC: Michael Wilson; Paul Lucas; Simon Stocker CITY OF BREMERTON THE cit'QP .. ANP,oPPOJUIINIYY ADMINISTRATIVE SERVICES Deputy City Clerk!Paula Johnston pjohnstoneci.bremerton.wa.ue Tel 360-478-5311 Fax 380-478-5200 239 4th Street Bremerton,WA 98337 March 13,2003 Dan and dime Robinson Elandan Gardens 3050 W State Highway 16 Bremerton, Washington 98312 Dear Mr. and Mrs. Robinson: Enclosed is the Contract Modification Agreement for the Anderson Creek Staging Area. The Agreement should be signed, notarized and returned to my attention. A fully executed copy will be sent for your records. Sincerely, geLuliZ Paula Johnston Deputy City Clerk PJ:ch enclosure From: Kathy McCluskey To: Johnston, Paula; Sampley, Gene; Wilson, Michael Date: 1/16/03 4:49PM Subject: Fwd: Elandan Gardens I'm not sure whether Simon forwarded the attached draft to each of you for review. I have some comments: 1. Term. I am sure based upon the investment that the Robinson's have made at this site that they would want a long terms lease - 10 years at least. 2. Section 3.2 Right to terminate. The 90 day termination clause will probably cause them a great deal of concern again based upon their investment in the property. 3. Section 4 Lease payment. Their B&O tax returns and statements regarding revenue to the site would indicate that this is not a money maker. However it has been a tremendous enhancement to the property. We should attempt to keep the rent low at this time but have the ability to raise based upon not only CPI but periodic reviews. When the conference center goes in this may become a very attractive tourist site. 4. The environmental language will cause the Robinsons great concern. As long as they are assured that they are not responsible for any existing (baseline) level of contamination they might be reassured, however do we know what the baseline is? We do know that the property is contaminated. 5. Insurance. Not sure how much they have on file currently or if they carry this amount. I'm going to hand this off since it was started before I left City Hall but now needs a lead person assigned to follow through with the Robinsons. Also, Simon mentioned a resolution that was required each time we use Utility property for purposes other than Utility use. I don't think we have done that in the past and may want one all encompassing resolution for tower sites, leases etc. Kathleen L. McCluskey Administrative Services Director City of Bremerton 239 4th Street Bremerton, Wa. 98337 360-473-5234 kmccluskey@ci.bremerton.wa.us CC: Stocker, Simon From: Kathy McCluskey To: Sampley, Gene Subject: Robinson Lese Sinclair Inlet This lease expires at the end of this year. The Robinson's are current in their lease payments of$374.46 per month plus leasehold tax. They timely file their insurance certificates. As you know, they would like to purchase the property, however the environmental issues have stopped them from pursuing that course of action. At this time we have three options: 1) do not renew the lease; 2) sell the property if possible and get back on tax rolls or 3) enter into another long term lease and review the monthly rent. Whats your pleasure??? From: Simon Stocker To: McCluskey, Kathy Date: 1/3/03 10:38AM Subject: Elandan Gardens Kathy, Here is the new lease agreement. Take a look and give me a call if you have any questions. I can help write the resolution needed to "surplus" utility land as required under RCW 35.94.040 as well. Let me know what you think. Thank you, Simon Stocker Assistant City Attorney City of Bremerton 239 4th Street Bremerton, Washington 98337 (360) 478-2345 (360) 478-5161 -facsimile sstocker@ci.bremerton.wa.us This message is private or privileged. If you are not the person for whom this message is intended, please delete it and notify me immediately, and please do not copy or send this message to anyone else. Thank you. Need extension by letter of agreement Gene Sampley (Utility) owns the land. It is on an old dump site. B&O Tax returns don't indicate that they are making much money They have requested a long term lease based upon their investment at the site Should probably have re-openers for compensation or tie to% of revenue t. STATA.Op �a p y O �H't 1889 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 November 20, 2001 Gene Sampley, Director RECEIVED Department of Public Works & Utilities City of Bremerton N O V 2 6 2001 3027 Olympus Drive Bremerton, WA 98310-4799 DEPT OF PUBLIC I WORKS AND UTILITIES Subject: Site Hazard Assessment—Head of Bay Ecology Facility Site ID: 31393863 Dear Mr. Sampley: The Department of Ecology (Ecology) will conduct a site hazard assessment (SHA) of the Head of Bay site, 3050 W. State Route 16, Port Orchard, WA 98336, under the Model Toxics Control Act (MTCA), Chapter 173-340-320 WAC. his site has been on Ecology's Confirmed and Suspend Contaminated Sites List. awaiting assessment, since October 2, 1991. This assessment will be performed by John Kiess and Grant Holdcroft, Bremerton-Kitsap County Health District. They will contact you in the near future to arrange a suitable time for a site visit. The purpose of an SHA is to gather information on past/present waste management activities, along with other basic site-specific environmental data, in order to score the site following the Washington Ranking Method (WARM) Scoring Manual guidelines. Potential/actual threats to human health and the environment are evaluated for each applicable migration route, with a resultant "hazard ranking" for the site determined. Sites are ranked on a scale of one to five, with one representing the highest level of concern, and five the lowest, relative to all other assessed/ranked sites in the state. The level of relative concern may be such that a recommendation of"No Further Action" (NFA) is made, and your site will then be removed from Ecology's Site Information System (SIS) list. For your information,Ecology will publish a notice in an upcoming issue of the Site Register that an SHA is scheduled for this site. This notice may evoke media inquiries. Likewise, the outcome of the SHA, either as a ranked site or a determination as NFA, will be published in the Site Register. In addition to any required fieldwork, the following information will be considered in scoring this site: • Ecology Northwest Regional Office Site Files • Bremerton-Kitsap County Health District Site Files 0 Gene Sampley November 20, 2001 Page 2 You are requested to submit any additional environmental information regarding this site to: John Kiess Bremerton-Kitsap County Health District P.O. Box 1076 Poulsbo, WA 98370-0050 Additional data could include any environmental assessments or laboratory analyses which have been conducted regarding this site and which have not previously been submitted to Ecology. Every attempt will be made to obtain the most recent and accurate data for scoring your site. If you have better information or comments on the adequacy of the data we already have, please let us know as soon as possible. The final site rank and eventual site priority will be based primarily on the information used in the scoring. Your active participation in the assessment and scoring process is important to ensure that only the best data available is used. Fact sheets describing Site Hazard Assessments, the Washington Ranking Method and the Hazardous Sites List are enclosed for your information. If you have any questions please call me at (360) 407-7195 or John Kiess at (360) 692-3611. Sincerely, Michael J. Spencer Site Hazard Assessments Toxics Cleanup Program MJS:ms Enclosures:3 cc: John Kiess, Bremerton-Kitsap County Health District Judy Aitken, Ecology Toxics Cleanup Program, NWRO FQCUS WPMI WASHINGTON STATE DEPARTMENT OF ECOLOGY Site Hazard Assessment Under the Model Toxics Control Act, one of the first steps in the process for cleaning up a hazardous waste site is a Site Hazard Assessment. During a site hazard assessment,the Department of Ecology collects environmental data about a site to determine the type and extent of contamination.If further action is needed, Ecology ranks the site using the Washington Ranking Method(WARM)and places it on the Hazardous Sites List. Assessing the Potential Hazard A site hazard assessment provides preliminary data regarding the potential hazard of a site. The main purpose of a site hazard assessment is to provide sufficient sampling data and other information to: • Confirm or rule out contamination IN Identify the hazardous substance(s) • Identify environmental characteristics associated with the site • Evaluate the potential threats to human health and the environment In addition,the site hazard assessment provides enough information to allow Ecology to rank the site's potential hazard relative to other sites on the Hazardous Sites List. This helps Ecology determine which sites should be worked on first. It is important to note that a hazard assessment is not intended to be a detailed site study or assessment of the health risk posed by a site. Is a Site Hazard Assessment Always Necessary? Yes. A site hazard assessment is necessary even if environmental data are already available for the site. This helps ensure that all data elements are accounted for prior to evaluating and ranking a site. Ecology encourages site owners to submit any relevant environmental studies of their site to help make the site hazard assessment as accurate as possible. What Information Is Needed To Accurately Assess a Site? Although a site hazard assessment is not intended to be a detailed site characterization, it includes sampling results from various locations on and around the site, site observations, maps and historical information. Specifically,a site hazard assessment should include: 1. Evidence confirming a applicable,what products of 4.Consideration of surface release or threatened release of a decomposition,recombination water run-on or run-off and the hazardous substance. or chemical reaction are possibility of contaminants currently present at the site seeping through the surface and 2. identification of the contaminating ground water. hazardous substances and their 3.A description of the facilities • location, including what was or containing the substances and may be released and, if their condition. Ecology is an equal-opportunity employer Revised September 1999 Focus No.F-TC-91-1 l I IMP printed on recycled paper A Focus w ASMIIGTOM STATE OEFAATMEOI OF ECOLOGY Washington Ranking Method Every hazardous waste site in Washington is unique and poses a potentially different type and level of risk to human health and the environment.The Model Toxics Control Act requires these sites to be ranked relative to each other to guide Ecology's use of cleanup resources. Working with the Science Advisory Board,Ecology has developed a ranking system for hazardous sites known as the Washington Ranking Method. Ecology ranks a site after the agency gathers enough information to complete a site hazard assessment.Owners/operators and any other potentially liable personsiknown to the agency are notified when their site is ranked and placed on Ecology's Hazardous Sites List. Additions to the list are announced twice each year. What Does the Washington Ranking Method Do? A site's potential threat to human health and the environment is estimated using the data gathered during the site hazard assessment.The Washington Ranking Method categories sites on the basis of this information. Sites are ranked on a scale of one to five,with a score of one representing the highest relative level of concern and five the lowest. The Washington Ranking Method is designed to: • Provide a consistent,objective means of assessing sites • Establish a scientifically defensible method of evaluating sites ■ Maximize accuracy with minimum data ■ Provide adequate distinction between sites How Will the Rankings Be Used? It is important to keep in mind that hazardous site ranking is not the same as risk assessment. Rather, it is an estimation of the potential threat posed by a site relative to all other ranked • sites in the state.An actual assessment of a site's health risk is determined after analysis by the state Department of Health or by a county health department. The Washington Ranking Method provides a framework in which to organize and compare sites. However, it is not the only factor used to determine which sites receive priority for Ecology's resources.Other considerations include the availability of funds,the potential cost of cleanup,the level of cooperation shown by a responsible party, and public concern about a site, The Model Toxics Control Act was implemented in March, 1989, after voter approval of Initiative 97. Some of the sites being investigated and cleaned up under the Act were already receiving attention under previous laws. In the interest of efficiency,work will continue on most of these sites even if they rank lower than newly added sites. How Does the Washington Ranking Method Work? When ranking a site,Ecology considers the primary routes through which,humans or the environment could be exposed to hazardous substances found on that site. These routes Ecology is an equal-opportunity employer Revised Sept. 1999 F-TC-91-l07 0 printed on recycled paper Focus WASHINGTON STATE 0 EPAHi11EN1 OF ECOLOGY Hazardous Sites List What is the Hazardous Sites List? The Hazardous Sites List is a list of sites that have been assessed and ranked using the Washington Ranking Method. The list, which is a requirement of the Model Toxics Control Act Cleanup Regulation Chapter 173-340 WAC, helps Ecology target where to spend cleanup funds. It is updated twice a year. How Are Sites Ranked? Once Ecology receives a complaint about a piece of property or the practices of an owner or operator of a piece of property, an Ecology inspector will go to the site and conduct an initial investigation. This involves looking at the present conditions of the site for signs of possible spills or discharges and the use and storage of hazardous waste. If Ecology determines further work is required after the initialinvestigation, a site hazard assessment will be conducted. A site hazard assessment provides Ecology with basic information about a site. Once a site hazard assessment has been conducted, Ecology then uses the Washington Ranking Method to estimate the potential threat the site poses, if not cleaned up. Sites are ranked on a scale of one to five, with one representing the highest level of concern and five the lowest. When ranking a site, the primary exposure routes that could pose a risk to the public and the environment are taken into consideration. These are air, surface water and ground water. Hazard ranking is not an evaluation of the absolute risk a site poses to human health and the environment. Rather, a site's rank is relative to all other ranked sites in the state. Information gathered during the site hazard assessment is used to determine the pathway scores of all applicable routes of exposure at the site. How Does a Site Get on the List? Once a site goes through the ranking method and is ranked, it will appear on the Hazardous Sites List. The Hazardous Sites List will eventually contain ranking and status information on all sites needing further cleanup work. How Does Site Ranking Affect Cleanup? Ranking a site helps Ecology determine where to spend funds. However, public Ecology is an equal-opportunity employer Revised October 1999 Focus No.FTC-90-101 tO printed on recycled paper Kitsap County Scott W. Lindquist, MD, MPH, Director 109 Austin Drive Health District Bremerton, WA 98312 October 14, 2002 City of Bremerton Public Works c/o Gene Sampley 3027 Olympus Drive Bremerton, WA 98310 RE: LANDFILL PROPERTY TITLE NOTICE Dear Mr. Sampley: The Kitsap County Health District (Health District) is notifying all current owners of landfill properties in Kitsap County for the need to post the property title with notification of the presence of a landfill. Based on research with the Kitsap County Assessor's and Auditor's Offices, landfill property for which you are listed as the taxpayer of record has not been noted as such. The purpose of this title notice is to inform subsequent property purchasers, renters, or surrounding property owners about the presence of a landfill on the property. In addition, RCW 64.06.020 requires that the presence of a landfill on this property be disclosed to all subsequent buyers for residential purposes. The Bremerton-Kitsap County Board of Health Ordinance 2000- 6, Solid Waste Regulations, contains additional construction restrictions that may apply to your property and surrounding parcels. At this time, the Health District requests that a notice to title be completed, by you, the property owner. You may wish to consult an attorney before developing or selling this property. If you have any questions please feel free to call. I can be reached at (360) 337-5606. Sincerely, John Kiess Environmental Health Specialist Solid and Hazardous Waste Program OCT 18 2002 j fk/swwgbcd/shw/common/sha/sites/headofbay/landtillnotice POULSBO ANNEX Environmental Health Division 19540 Front Street Mailing Address: P.O. Box 1076 - Poulsbo, WA 98370-0050 (360)337-5245 FAX(360)337-5680 CITY OF BREMERTON CLERK'S OFFICE MEMORANDUM Date: October 10, 2002 To: Roger Lubovich, City Attorney From: Cherie Henry, Office Assistant Sr. Specialis Re: Lease Agreement-Elandan Gardens, Dan & diane Robinson Attached are copies of the existing lease and amendment for the above referenced property. The lease is due to expire on 12/31/02. Kathy would like to have a new long term lease drafted. Compensation can be left open. a.1•No_V Q1/ Advo & o u yJ e�-- From: "Ed Thorpe" <edthorpe@attbi.com> To: "Theresa Wagner" <Theresa.Wagner@ci.seattle.wa.us>, "Arnold Kay" <Akay@ci.lynnwood.wa.us>, "Arnold, Dale " <darnold@spokanecity.org>, "Dan Wrye" <dwrye@co.pierce.wa.us>, "Dick Lilly" <Dick.Lilly@Seattle.Gov>, "Fowler, Karla" <karlafowler@lottonline.org>, "Kibbey, Heather" <HKIBBEY©co.pierce.wa.us>, "Robert Waddle" <RWADDLE@ci.everett.wa.us>, "'Victor Ehrlich"' <vehrlich@ci.vancouver.wa.us>, "'Betsy Cooper" <Betsy.Cooper©METROKC.GOV>, "'Bill Eckel' <bill.eckel@metrokc.gov>, "'Brian Stacy' <bstacy@co.pierce.wa.us>, "'Brown, Roger M." <roger@waterdistrict.birch-bay.wa.us>, "'Bruce Rawls" <BRawls©spokanecounty.org>, "'Burke, Marta' <martha.burke@ci.seattle.wa.us>, "'Coachman, Luanne' <luanne.coachman@metrokc.gov>, "'Dan Lowell" <DLowell©ci.everett.wa.us>, "'Dave Monthie"' <Dave.Monthie©METROKC.GOV>, "'David Hufford" <DHUFFORD@ci.tacoma.wa.us>, "'Donald Perry' <DPerry©lakehaven.org>, "'Gene Sampley"' <gsampley@ci.bremerton.wa.us>, "'Gerry Shrope"' <Gerry.Shrope@cte-eng.com>, "'Hirsch, Bob "' <Bob.Hirsch©METROKC.GOV>, ""Jennie. Goldberg" <jennie.goldberg@ci.seattle.wa.us>, "'Jim Nichols' <ChehalisPW©localaccess.com>, "'Lorbeir, Judith" <jlorbeir©ci.tacoma.wa.us>, "'Robert Chandler" <robert.chandler©ci.seattle.wa.us>, "'Tom Thetford"' <TThetford@ci.everett.wa.us> Date: 10/1/02 1:39PM Subject: FW: Ecology News Release: State updates cleanup priority for contami nated sites Original Message From: Rossiter, Tony [mailto:TROS461 @ECY.WA.GOVI Sent: Tuesday, October 01, 2002 9:59 AM To: ECONEWS©listserv.wa.gov Subject: Ecology News Release: State updates cleanup priority for contami nated sites FOR IMMEDIATE RELEASE - Oct. 1, 2002 02-181 State updates cleanup priority for contaminated sites OLYMPIA -- Washington's Department of Ecology (Ecology) has added 32 properties to its list of contaminated sites that are targeted for cleanup and removed 12 that have been cleaned up and no longer pose a threat. The 32 newly identified sites are located in 13 counties: Benton, Chelan, Clallam, Clark, Franklin, Island, King, Kitsap, Snohomish, Spokane, Thurston, Walla Walla and Whatcom. The 12 sites removed from the list are located in Adams, Benton, Clark, Douglas, Jefferson, Kittitas, Pierce, Snohomish and Spokane counties. Of 9,069 sites identified over the past 13 years as potentially contaminated, more than half(4,861) have been cleaned up. Of the remaining 4,208 sites, 933 have been confirmed as contaminated and ranked for cleanup. About 3,088 contaminated sites currently have cleanups in progress. Some of them are on the state's ranked list, while the others are being cleaned up independently. "The good news is that our cleanup record continues to grow. The better news is that even in uncertain economic times we aren't seeing that environmental commitment slow down," said Jim Pendowski, the toxics-cleanup manager for Ecology. It is clear that people understand the long-term value to their communities and to their own businesses of cleaning up the soil and water, Pendowski said. Cleanup is required at sites where levels of toxic substances are above limits set in the state's Model Toxics Control Act (MTCA), a 1989 citizen initiative that established a broad-based program for cleaning up and preventing toxic contamination. The properties on Ecology's ranked, hazardous-sites list are graded on a scale of one to five, with a score of one representing the highest level of concern and five the lowest. The scores are based on analyses of the potential paths through which humans and sensitive environments could be exposed to hazardous substances. Thus, a site with a number one ranking may have less contamination or less-hazardous contaminants than lower-ranked sites, but the risk of exposure is higher and cleanup needs to happen quicker. MTCA specifies that those responsible for polluting a site must pay for its cleanup. The state pays for cleanup only when a liable person cannot be found or when identified liable parties lack the financial resources to pay for the work. Nearly every county in Washington has one or more properties on the hazardous-sites list. Most are in Western Washington, where historically there have been more industrial and manufacturing practices. The hazardous-sites list is updated twice a year, in February and August. The sites added at the end of August 2002 include: Benton County-Alexander Farms in Prosser, rank 2; and Kennewick U-Haul in Kennewick, rank 3. Chelan County- Chevron service station in Chelan, rank 3. Clallam County-A drug laboratory at 157 Lawrence Rd. in Port Angeles, rank 3. Clark County - Permalume Plastics Corporation in Vancouver, rank 2; and the Sprague & Fjermestad property in Ridgefield, rank 3. Franklin County- Tidewater Snake River Terminal Company in Pasco, rank 5. Island County- The Adamson Building on 1st Street in Langley, rank 5. King County - Joseph Simon & Sons, rank 1, and SeaTac Sweeping Services Noll Manufacturing, rank 5, both in Kent; Burlington Northern Railroad site in Auburn, rank 1; Sky Harbor Aviation at the Renton Municipal Airport, rank 5. Three Seattle sites: Discovery Park Old Maintenance Yard in the Magnolia neighborhood, rank 5; House of Kleen Inc. in West Seattle, rank 3; and the Spear Trusts Warehouse near the West Seattle Freeway, rank 5. Kitsap County - Port Orchard's Head of Bay Landfill and the Port Orchard Landfill, both rank 4; and the Vockrodt Dump site in Bremerton Heights, rank 4. Snohomish County - Allnight Air Sweep, rank 2, and Fleury Auto & Truck Parts, rank 4, both in Everett; and the Bryant Landfill on Grandview Rd., rank 5, and the Bryant Property on Meridian Avenue, rank 1, both in Arlington. Spokane County-Yellowstone Pipeline Company at the Fairchild Delivery Facility in Medical Lake, rank 3. Thurston County- A drug lab at 17936 Littlerock Rd. S.E. in Rochester, rank 4; and three Olympia sites: Briggs Nursery's debris field, rank 2; Evergreen Shores Grocery near Black Lake, rank 2; and Pho Olympia Restaurant utility-pole site, rank 5. Walla Walla County - PacifCorpDell Ave, substation, rank 5, and a former gas station on the Swant Property, rank 2, both in Walla Walla. Whatcom County-American Recycling & Manufacturing in Ferndale, rank 3; Olivine Corporation's former solid-waste incinerator property in Bellingham, rank 3; and the property between 565 Peace Portal Dr, and "G" Street in Blaine, rank 3. The sites taken off the list at the end of August 2002 are: Adams County-Adams Co. Maintenance Shop on State Road 26. Benton County- Sagetree Electric Inc. in Kennewick. Clark County - CoIf Landscaping and Walnut Grove Industrial Park, both in Vancouver. Douglas County- Inland Air Service and a Washington State University tract on Hwy 2, both in East Wenatchee. Jefferson County- Olympic Testing Laboratory in Quilcene. Kittitas County- County Hill's Quick Tune in Ellensburg. Pierce County- Buffalo Don Murphy Waller Road site. Snohomish County- Bear Creek Motors in Woodinville. Spokane County- Geiger SIA Fuel Farm and Inland Empire Plating, both in Spokane. ### Contact: Caitlin Cormier, public information officer, 360-407-6149; pager, 360-971-5536 For more information: Ecology's Toxics Cleanup Program - http://www.ecy.wa.gov/programs/tcp/cleanup.html Hazardous-Sites List - http://www.ecy.wa.gov/programs/tcp/mtca_gen/hazsites.html Ecology's Web site --http://www.ecy.wa.gov Broadcast version Washington's Department of Ecology has added 32 properties to its list of sites that have toxic contamination and removed 12 that have been cleaned up and no longer pose a threat. The changes bring the total number of sites targeted for cleanup across Washington to 933. Of 9,069 contaminated sites identified over the past 13 years, more than half have been cleaned up and removed from the state's hazardous-sites list. Slightly less than one-third have cleanups in progress. Officials say they are pleased with the progress. Office of Communication and Education Ecology's Home Page: http://www.ecy.wa.gov To unsubscribe to Econews, point your browser to http://listserv.wa.gov/cgi-bin/wa?SUBED1=econews&A=1 , or send a "SIGNOFF ECONEWS" command to LISTSERV@LISTSERV.WA.GOV From: Gene Sampley To: Kathy McCluskey Date: 10/2/02 12:00PM Subject: Fwd: FW: Ecology News Release: State updates cleanup priority for contami nated sites Note that Elanden Gardens property (Head of the Bay Landfill) is now a ranked site by Ecology. It's a 4 which is not too bad (1-5 with 1 the highest), and qualifies us for grant funds if we have to clean it up. At this point, Ecology doesn't pursue cleanup of sites with this ranking. From: Gene Sampley To: Kathy McCluskey Date: 6/18/02 7:44AM Subject: Re: Robinson Lese Sinclair Inlet I would love to sell it, but I don't think that is any more doable now than before. Ecology just rated it a class 4 site and would require cleanup for any change in use or sale. That would have a huge impact on their operation and both our pocketbooks. I think a lease renewal is the best course. >>> Kathy McCluskey 6/17/02 >>> This lease expires at the end of this year. The Robinson's are current in their lease payments of$374.46 per month plus leasehold tax. They timely file their insurance certificates. As you know, they would like to purchase the property, however the environmental issues have stopped them from pursuing that course of action. At this time we have three options: 1) do not renew the lease; 2) sell the property if possible and get back on tax rolls or 3) enter into another long term lease and review the monthly rent. Whats your pleasure??? Kathleen L. 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State Highway 16 Bremerton, WA 98312 Dear Dan and Diane: I have reviewed your proposed grading project, and you have my permission to construct this improvement provided the project includes a 200 ft. buffer back from the shoreline so as not to trigger shoreline management issues. It is my understanding that a permit can be issued based on information provided by your contractor, Westway Construction which is the applicant for the project. Considering the previous reviews, it should be available soon. The Department of Public Works and Utilities has completed its review and has no further comments. Inspections by my staff will be required for final approval of the project. Hopefully, with this letter, a permit can be issued so you can complete this project. I wish you well and hope your improvement meets your expectations. Sincerely, W. Eugene Sampley, P.E. Director of Public Works and Utilities C: Chris Hugo Paul Wandling Jennifer Strehler Kathy McCluskey * Equal Opportunity Employer * os. OFB�y MINIM PUBLIC WORKS AND UTILITIES 3027 Olympus Drive• Bremerton,WA 98310-4799•(360)478-5318• FAX(360)478-5018 June 1, 2001 Dan and Diane Robinson Elandan Gardens 3050 W. State Highway 16 Bremerton, WA 98312 Dear Dan and Diane: I have reviewed your proposed grading project, and you have my permission to construct this improvement. As land owner, the City has made application for this work to clear up any question about this matter. The project includes a 200 ft. buffer back from the shoreline so as not to trigger shoreline management issues. It is my understanding that a permit can be issued when review of the new application is completed. Considering the previous reviews, it should be available soon. Inspections by my staff will be required for final approval of the project. Hopefully, with this letter, a permit can be issued soon so you can complete this project. I wish you well and hope this matter is cleared up soon so you can complete your project. Sincerely, W. Eugene Sampley, P.E. Director of Public Works and Utilities C: Chris Hugo Paul Wandling Jennifer Strehler Kathy McCluskey * Equal Opportunity Employer * s OF 44� c)()) �® z 11•M•IINE ADMINISTRATIVE SERVICES • Kath cCluskey, Director •ay , 20019 4th Street•Bremerton,WA 98337•(360)478-5290•FAX(360)478-5200 Mr. and Mrs. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA. 98312 RE: Lease with City of Bremerton Elandan Gardens Dear Mr. and Mrs. Robinson: In light of the recent deposits of dirt by State contractors on city owned property that you lease, I would like to remind you of the requirements of Section 14 of your lease with the city. The City Utilities Director must approve all alterations, additions and improvements to the premises in advance in writing. As Lessee you are not entitled to apply for permits for any purposes for the property that you lease. Also, Section 3 specifically states that the lease shall not be construed as the city's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. Further, the disposal of trash anywhere on the property is prohibited by Bremerton Municipal Code 6.04.050 and violations shall constitute a civil infraction subject to penalty. I would suggest that you contact the Utility Director, Gene Sampley, or City Engineer Jennifer Strehler, to determine the appropriate course of action to be taken at this time. Sincerely, Kathleen McCluskey Administrative Services Director cc Gene Sampley, Utilities Director Jennifer Strehler, City Engineer Chris Hugo, Director of Planning &Building * Equal Opportunity Employer * , 11 • OF E14, 'maim ADMINISTRATIVE SERVICES 239 4th Street•Bremerton,WA 98337•(360)478-5290•FAX(360)478-5200 November 2, 2000 Dan and diane Robinson Elandan Gardens LTD 3050 W State Highway 16 Bremerton, Washingotn 98312 RE: Certificate of Insurance - Contract #3333 -Lease- Anderson Creek Staging Area Dear Mr. and Mrs. Robinson: In my review of contract files it has come to my attention that the insurance certificate provided by your firm has expired. Please contact your insurer or broker and have a replacement certificate sent to my attention as soon as possible. Our contract with you requires evidence of continuing coverage, with the City of Bremerton named an additional insured for coverages other than professional liability. Enclosed is a copy of the last insurance certificate received in this office. Sincerely, Cherie Henry Office Assistant Sr. ch/ enclosure * Equal Opportunity Employer * CITY OF BREMERTON 239 4TH STREET • BREMERTON , WA 98337 PURCHASING DIVISION ( 360 ) 478 - 5293 FAX ( 360 ) 478 - 5200 July 6, 2000 Dan and diane Robinson Elandan Gardens LTD 3050 W State Hwy 16 Bremerton, Washington 98312 Re: Certificate of Insurance/Lease Agreement #3333 Dear Mr. and Mrs. Robinson: A review of our files indicates that the insurance certificate provided by your firm is about to expire. Please contact your insurer or broker and have a replacement certificate sent to me as soon as possible. Our contract with you requires evidence of continuing coverage of insurance. Enclosed is a copy of the certificate on file with the City. Sincerely, Lynn Mandeville Purchasing Assistant ,tsl OF BRA A® o • Ems ADMINISTRATIVE SERVICES • Kathleen McCluskey, Director 239 4th Street•Bremerton.WA 98337•(360)478-5290• FAX (360)478-5200 December 12, 2001 Dan and diane Robinson Elandan Gardens 3050 W State Highway 16 Bremerton;Washington 98312 Dear Mr. and Mrs. Robinson: Attached is a copy of a letter from DOE received by the Utilities Department. The state will coordinate this assessment through Mr. Sampley and his designated staff. They will keep you informed as we receive further information. Sincerely, Kathleen L. McCluskey Administrative Services Director KLM:ch attachment cc: Gene Sampley * Equal Opportunity Employer * • Elanden Gardens— Daniel and Diane Robinson October 6, 1999 The owners of Elanden Gardens have requested the opportunity to share the history and future plans for the gardens with the City Council. Request: Mr. and Mrs. Robinson are requesting a long-term lease which would enable them to make commitments for future capital improvements to the site. Purpose: Garden retail and public bonsai display. History: 8/16/91 — 12/31/92 Lease Agreement for feasibility period to determine if site was appropriate for use. Rental amount $100 per month during feasibility period. 1/1/93 — 12/31/96 Amended Lease Agreement for initial four year term. 1/1/97 — 12/31/99 First three year extension 1/1/00 — 12/31/02 Second three year extension Initial rent $300 per month tied to annual CPI increase. Current rent is $346.10 plus leasehold tax of $44.44 totaling $390.54. Recommendation: The Administration has no objection to a long-term lease. If there is general concurrence of the council, staff will present a long-term lease for council consideration at a future council meeting. , .L OF /3/?4, 0 • c\-' -=-�r.e, 1‘0 z --Vigilti ADMINISTRATIVE SERVICES • Kathleen McCluskey, Director 239 4th Street• Bremerton,WA 98337• (360)478-5290• FAX (360) 478-5200 September 21, 1999 diane Robinson 3050 W State Highway 16 Bremerton, Washington 98312 Dear diane: Attached is a copy of the schedule for the October 6th study session and the packet that I have provided to the city council. You should plan to be in the council chambers (2nd floor City Hall) before 7:00 in case they finish the preceding items earlier. When your item comes up on the agenda, the council president will announce the item and you will proceed to the podium to present your information. I will be on vacation that week so if you have any questions or concerns contact Lori Smith, council secretary at 478-5280. Sincerely, Kathleen L. McCluskey Administrative Services Director KLM:ch attachment * Equal Opportunity Employer * 11 0 o co La ppm N c ' g tb s N 2_ D 15 2 In N Q ..:'mac >.E t n y r c (o ff E �' aNi � m > • c a) • -0, 0 a J 2 -,0 po �2p p a) 0 N • 'C �p C O C 65 4. 2 o �C Ea 7 J-, w c•Q E L U 0 > - cu 0,3 >. 2E € 1O .2 �' F o S l] ;1) a) C •� N b C �� 2a) tE� o �y�agi a c� o c o ,c E� E 0. 0 c'- - 7 m S a>i a) Ear 8 0- O a) 2 o � N �� a)U v) c ' '5 c U c Q N C L Cj Oc L co O O a) a) a) o Q,oz > > d E U c3a cc _ c-m C N E N ( H Z p ca to V oho ° �' a al 4) Z °� o0) E5 o - atm O� c o d rn N d ill g -Z Y = N c '� �a@c� Eo) UN w � oo �o 2 � (a=c . nU ° � SL Q2 c E 8. o -'-c;"E .o c > c� 2I- 7Ca .0 05 2 . .s2 (73 aa� a 2m �v Eaa c vt aa, )a a)Jm `' E.a) XE2o2is R CL ai 3co a) ala N W, d (n c 0) v -t 2_ U c V a) l0 Y 7 ..L. (I) (V O 7 lij O .0 O E c) C O . 45 C - (0 O Q p(0 CD Cc0 d f/) ? 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Those items checked are appropriate coht act file enclosures petaining to Contract * ) 1 awarded tp _ C ,^(,it51\ �m \ (Q. � for C.,./Y(\50).)\ --4\ V�� \. IC. C..�f � Y <r �\ I��'9-J • I Document Enclosed Verified by Requisition Council Approved Call for Bid Bid Preparation Instruction Advertisement Vendor Mailing List Bid Package Tabulation � / Awarding Agenda Bill ' V 777— Vendor Notice of Award Vendor Notice of Non-Award Contract " _Tb g Copy of Bid Bond Copy of Performance Bond Certificate of Insurance Copy of Purchase Order Contract Ledger Form / Copy of Input Sheet v 'tel�� Other & Misc . Correspondence/Reports h • fa Os A J 4 • • CONTRACT INPUT SHEET Contract Number: 3 -' 3 Vendor: )2. 0 G^ Subject: A Department: -0•30 Contract Amount: zi /,,ri Begin Date: End Date: 1 �-� �V � 1013 )) 91 Review Date: j_04-r 'T of t a\ \ 9 INSURANCE AMOUNT Accident Liability General Liability — -naq 'gs Errors & Omissions Property Bonds Review Date: 2 ) 0;E: ,a)r Oft41 Comments: Kathy McCluskey- Re: Elanden Garde • Page 1 From: Gene Sampley To: Kathy McCluskey, Rich Hanna, The Mayor Date: Mon, Mar 22, 1999 9:50 AM Subject: Re: Elanden Gardens I would still like to sell it, but I doubt we could escape the liability issue. We will probably continue to lease it. We should still clean up the title. >>> Rich Hanna 03/19 4:06 PM >>> Kathy, I think an extention would be in the City's best interest. I don't think we want to sell the property because we loose control over how it is used. As you know, it is an old garbage fill, and I think keeping control over the property is probably fairly important. Rich >>> Kathy McCluskey 03/19 3:41 PM >>> I was contacted by diane Robinson this morning requesting approval of the final 3 year extension. It actually run from 1/1/2000 to 12/31/2002. At the end of this term they will have occupied the property for ten years. She would like to start exploring now the possibility of purchasing the property or an even longer term extension. Our charter still limits franchises to 10 years and we have used this as a guide for contracts as well. Are we interested in a sale? Do we want to grant a ten year extension now rather than wait for the end of the next three year extension. Your thoughts regarding the future of this property would be appreciated. 0 • a Kathy McCluskey- Re: Elanden Garde Page 1 From: Gene Sampley To: Kathy McCluskey, Rich Hanna, The Mayor Date: Mon, Mar 22, 1999 9:48 AM Subject: Re: Elanden Gardens I would like to sell this property with its attendant liabilities. The County has the records for the property goofed up. It shows the County owns it, or at least a portion of it. They had a heck of a time with this property for the Gorst sewer petition. Before we jump too far, we need to get the title cleaned up. >>> Kathy McCluskey 03/19 3:41 PM >>> I was contacted by diane Robinson this morning requesting approval of the final 3 year extension. It actually run from 1/1/2000 to 12/31/2002. At the end of this term they will have occupied the property for ten years. She would like to start exploring now the possibility of purchasing the property or an even longer term extension. Our charter still limits franchises to 10 years and we have used this as a guide for contracts as well. Are we interested in a sale? Do we want to grant a ten year extension now rather than wait for the end of the next three year extension. Your thoughts regarding the future of this property would be appreciated. ik Kathy McCluskey- Re: Elanden Garde Page 1 From: Rich Hanna To: Gene Sampley, Kathy McCluskey, The Mayor Date: Fri, Mar 19, 1999 4:06 PM Subject: Re: Elanden Gardens Kathy, I think an extention would be in the City's best interest. I don't think we want to sell the property because we loose control over how it is used. As you know, it is an old garbage fill, and I think keeping control over the property is probably fairly important. Rich >>> Kathy McCluskey 03/19 3:41 PM >>> I was contacted by diane Robinson this morning requesting approval of the final 3 year extension. It actually run from 1/1/2000 to 12/31/2002. At the end of this term they will have occupied the property for ten years. She would like to start exploring now the possibility of purchasing the property or an even longer term extension. Our charter still limits franchises to 10 years and we have used this as a guide for contracts as well. Are we interested in a sale? Do we want to grant a ten year extension now rather than wait for the end of the next three year extension. Your thoughts regarding the future of this property would be appreciated. • • eIandan GARDENS Diane Robinson Elandan Gardens,LTD 3050 W. State Hwy 16 Bremerton,Washington 98312 Kathleen McCluskey Administrative Services Director 139dt'Ctrect Bremerton,Washington 98312 RE: Lease Agreement Dear Kathleen: Thank you for confirming our lease option and for the information regarding the possible purchase of the land we currently lease. After checking with the family regarding the economic commitment,it was agreed that it is unlikely we could swing it financially. We have just completed our first five years in this business and despite heartening growth,we continue to feed the business to continue. It appears that it will be many years before we see a return on our investment,let alone the ability to purchase what I suspect will be a fairly expensive piece of land. I would like to begin the process of developing a long-term lease for the land we occupy with Elandan Gardens. Perhaps a continuation of the terms we have,only for a much longer period. A ten year lease term,with ten options could give Elandan the chance it needs. Butchart Gardens has been a public garden for over 80 years,and only the past 30 years have been productive financially. Hopefully Elandan Gardens will be as important to Bremerton as Butchart Gardens is to Victoria.BC. I greatly appreciate your consideration in this matter,and look forward to working with you on finding the ` right solution. Sincerely, Diane Robinson s a� 99 3050 West State HWY 16 Port Orchard,WA 98366 Phone& F tx 360.373.8260 Kathy McCluskey- Re: Fwd: Dan and [ e Robinson Page 1 From: Regina Raney To: Cathy Johnson, Kathy McCluskey Date: 5/7/99 10:41 AM Subject: Re: Fwd: Dan and Diane Robinson Dan & Diane Robinson, GBS#7639, has had CPI increases annually since 1994. The leasehold tax has increased accordingly. >>> Cathy Johnson 05/06 4:21 PM >>> Will you check on this for her? Thanks! ., OF BRA, ATIVIII G\- 0. ����� ADMINISTRATIVE SERVICES 239 4th Street•Bremerton,WA 98337•(360)478-5290•FAX(360)478-5200 May 7, 1999 Dan and diane Robinson 3050 W State Highway 16 Bremerton, Washington 98312 RE: Lease Agreement Dear Mr. and Mrs. Robinson: We are in receipt of your letter requesting extension of the three year lease option and also expressing interest in purchasing the property. The City will approve the three year extension as requested. My records indicate this would be for the period 1/1/2000 through 12/31/2002. However, we are also receptive to selling the property. If you are interested in moving forward, the City is required to obtain an appraisal of the property. By state law we cannot sell for less than appraised value. The City Attorney's office will handle the closing. Because of concerns regarding potential contaminants from a landfill previously operated at this site, the City would require certain restrictions related to the use and construction on the property. This will likely work to your advantage in the appraisal as well. Please let me know how you would like to proceed. i Sincerely, VN,c4._.\--k.—_Q-.-,........---- Kathleen L. McCluskey Administrative Services Director KLM:ch * Equal Opportunity Employer * • • Dan and diane Robinson 3050 W. State Hwy 16 Bremerton,Washington 98312 April 3, 1999 Kathy McClusky City of Bremerton 239 4th Ave. Bremerton,Washington 98312 Dear Ms.McCluskey; This letter follows our conversation regarding the extension of the final three years of our lease option. We are formally notifying you that we want to extend our lease per our agreement. We are also interested in opening the dialogue regarding either a long term lease or a contract to purchase the land. Elandan Gardens has become one of the top tourist attractions in the area,and for Bremerton and Kitsap County,a park-like property without municipal overhead. We think our development is a win-win for the Robinson family and the City of Bremerton. We hope you agree. We look forward to discussing the possibilities with you. "Sincerely, 014,t4,41.,-13. Lica) Dan and diane Robinson 44111INNION 410 ea•lled CITY OF BREMERTON • 239 4th Street • Bremerton, WA 98337 PURCHASING DIVISION (360) 478-5293 FAX (360) 478-5200 September 1, 1998 Mr. and Mrs. D. Robinson Elandan Gardens 4394 Panther Lake Road West Bremerton, WA 98312 Re: Certificate of Insurance Dear Mr. & Mrs. Robinson: A review of our files indicates that the insurance certificate provided by your firm has or is about to expire. Please contact your insurer or broker and have a replacement certificate sent to me as soon as possible. Our contract with you requires evidence of continuing coverage of insurance. Enclosed is a copy of the latest certificate on file with the City. Give me a call if you have any questions. Sincerely, • Gil Johnson Purchasing Manager AN EQUAL EMPLOYMIE`T OPPORTUNITY EMPLOYER • Mmemo Maim CITY OF BREMERTON • 239 4th Street • Bremerton, WA 98337 PURCHASING DIVISION (360) 478-5293 FAX (360) 478-5200 July 14, 1998 Mr. and Mrs. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 Dear Mr. & Mrs. Robinson: As of this date the lease with the City of Bremerton of the Anderson Creek Staging Area is 2 months past due in the amount of $769.54. The July lease payment in the amount of $384.77 is due not later than July 31. The total amount owing as of July 31, 1998 is $1,1154.31. To avoid further action by the City, the account must be brought current by July 31, 1998. Thank you for your early attention to this matter. Sincerely, 1 _ Gil Johnson Purchasing Manager/ Assistant City Clerk cc: City Treasurer encl; AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER C,1� O# B ___Af • 110 / �� O z 07/13/98 Y44,11"® CUSTOMER ACCOUNT NUMBER/REFERENCE ROBINSON, DANIEL AND DIANE 7639 4394 PANTHER LAKE ROAD WEST SINCLAIR INLET BREMERTON, WA 98312 Please Include Account Number on all Correspondence INV. DATE REFERENCE DUE DATE AMT. DUE AMT. PAID BALANCE LSM34 06/10/98 060198 06/30/98 384 . 77 . 00 384 . 77 LEASE - SINCLAIR INLET LSM34 07/10/98 070198 07/31/98 384 . 77 . 00 384 . 77 LEASE - SINCLAIR INLET LSM34 05/07/98 050198 05/29/98 384 . 77 . 00 384 . 77 LEASE - SINCLAIR INLET TOTAL DUE 1154 . 31 239 4th STREET • BREMERTON. WA 98337 • (360) 478-5210 0. .1 N • • cin MOONS OFFICE OF THE CITY TREASURER 239 4th Street • Bremerton,WA 98337 • (360)478-5210 • FAX(360)478-5200 January 20, 1998 Mr. Daniel Robinson 4394 Panther Lake Road West Bremerton, WA 98312 • RE: Lease - Anderson Creek Staging Area Dear Mr. Robinson: Per the terms of your lease with the City your rent is to be adjusted annually on the anniversary of the lease by the change in the Consumer Price Index. Effective January 1, 1998 your monthly lease will increase to $340.99 (335.29 x 1.017), In addition the state leasehold tax will be $43.78 for a total monthly payment of$384.77. The change is reflected on your January statement. Sincerely, fo-/froc, Cathy J•fgn Assistant Treasurer • ('alahratino S!1 Ynarc of Vrnarinm • Y elandang ardens 1 .,c,„ v.% _. • ILA 1 CoIIec±iov I I t ,4s ,' 't 1 ' .'''',.''.,) Aik l':)' .„-„tkv',":-.'', , ‘ • a .1:, fir '•,.. +_ s t h� y pa„,(.}µ" (-� _ _ j pfd " A „,;„;,.-1.4.,,.; ,. ..',',N *-Ak,4 This 245 year old Black Pine is 34” high. It is one of hundreds of Ancient Trees on display at Elandan Gardens, L el and an GARDENS • King Arthur, Charlemagne, William the Conqueror, all alive when some of the trees at Elandan Gardens took root. • See Bonsai trees over one thousand years old. •Walk the shores of Puget Sound amongst six acres of huge Rhododendrons, Japanese maples and soaring Bald Eagles. EXPERIENCE WORLD CLASS ART & SHOPPING Elandan Gardens Gallery is listed by "Country Living Magazine" as One of the Ten Best Stores in the Country! Admission Fees: Senior & General Admission —$5.00 Children under 12—$1.00 Special group rates available. Open Hours: From 10 a.m. till 5 p.m. Tuesday - Sunday. Closed Mondays and month of January. (360) 373-8260 Located in Gorst, on the waterfront. From Tacoma, drive just past mile marker 28 on Hwy. 16. From Bremerton, stay on Highway 16 take Tremont exit, go under freeway, rcfi Irn nn 1-Iinhuiw i L.` 4— cI....J...... ,J:...,.al.. ..0 at.... L.:...i,...._.. .11 1 Found in a Colorado canyon, a :, H' . r ,, 600-year-old Ponderosa pine �� �-:°� : + % , �,. (Pinus ponderosa)now grows atop ,•ir ro, ," ," n; a rock slab. 2. Dan Robinson uses #�<,r�d",,„ -4- .; ..ed'?' ...1 � , wire to train a 1,200-year-old pond cypress. 3.When this moun , ' .,+ • �_ s `-,' "•v '��� 7 lain hemlock (Tsuga mertensiana) ; >z� took root,the world was still offi- 1"`` `' ` ``` - • F j '' "",- . cially flat. In 750 years, the tree ,'' , t , .r ,. 9` has grown just seven feet. 4 A • , ,• , ;` ' '-'4,....!,' «; 4.f t � �t , '`, ' -cF n i,.r- k �. ry •"$zw, Ponderosa pine leans on a granite ,I _.- boulder. 5. Dating to 500 A.D.,this _ t • • ;;',,,, • *" i� Rocky Mountain juniper(Juniperus scopulorum) was found wedged r 2 ; ?„,4,,,,,,,t,, between rocks in Wyoming. '''' . 'if', t d ;} k ijaiC s , - F t. •-•• •.4., fl'. ' ''. ' - "" 2%; -"-"."'.-2' :" ' ' -'-i,--.„'''" ix. , w 4. > o r { 4 �`v•" )„. ♦. . ter v 's.r • .. r ''N - L ,� y � i• i a i� §pC". � .;� * �yY rx �!�I t^* dl Pp •f } - i' -: 's.; . ; ,.. -4,‘„, ifit,;.., 4,, ,„;,,::a •, 0.''''' ''‘, ..„.'t; ,.' ),,7..„./;','.r* 1" ,,,,,„,.,....,... . . „,.... ,..,.; ..„ „ 4,,.:. .7y a . .....4t:, . v ., ,. : , ..„..., .......,,„.,.. ,,. .„,„„. .,... ..., ... , , _... ,•:, ....e4 . ' ,'„,...x.-,....::‘... .. . { s�e�"3't+ a�a ' »�`.` ♦�' � � - ,R .. k a �1, � (p'..' � � ;t,.x.„ k',P� +`.�:'[l.'y ' a • 1 -..''. 3 "� ,'-� r d r �` ��'''Cy�1,tits .0 r �. '��...,_. "',..,t11..7-: 4 dy a. ` IlLiti'..,'‘.. � before you begin '*, a t Say it right. "Bone-sigh" is the correct pronunciation of bonsai, a Japanese word that means"tray planting." Forget the guilt.Trees have no central nervous system and thus feet no pain y 'hi when limbs are wired and pruned. , Re-create the conditions in which the tree grew in nature. Too ,,_ often, gardeners overfeed and cosset their bonsai, resulting in specimens that ' $, , . outgrow themselves.In the Robinson garden,a bonsai doesn't thrive.It survives. °*c r�, `" F' Remember that less is more. "About 95 percent of a tree's roots are redundant to survival,"says Dan Robinson."Getting rid of excess is what bonsai is all about." In addition to trimming back roots, he carves out the dead core ' from inside the trunk,highlighting the simple beauty of the tree's outer form. , • .. Read a good book.Craig Coussins'Totally Bonsai(Tuttle,2001)and Werner - ' . M.Busch's Bonsai(Lyons,2001)are two recent releases. fs took' HI Ill' A 4 s .0: '- f--i:-.:,",' ', .,,,. 4 ' . ...,r, .. ..-=- -10--:-.:,-;:;-;7-'i—ti‘,' „-.--.' rnT1a R � , %.t n , e. t ostun bred and traditional,I long consid , erect daffodils and tulips the dcl'inithe �` spring flowers. Bit(decades of Northern �� California;gardening 1r;rv&'modified PIT)'opiu - ion. Primroses now count among my favorites, as b- �,'" •they blo0nr for weeks under cloudy spring shies.I'm `' speaking r gu here primarily of the]hv riid primroses avail- ableiln rseries nationw ides. 'Hier(' are hundreds of �-' , `bt loveR prir :pia species I'd love to ru‘r. buf�l )s1 are ' ` = 1*• :-'1,.t-',',,,,,, ; '� nlaptcd to woodland ;Inmoist ❑rcailu��snot nay s' S --,,,,,,,,4.4 arid Northern t alrlor ni t garden..J hr Ih�brids, � Pr•lnurlrr Pruhonrcensrs groupnd P. vrrlQuJs, do `° :" ro well in tin climate with overlie waterint;and atter 4 •''''''l''''.*„,%,,,: '-„.,:* .- of , ' ''''',":);'/41111 110011 shade in the summer. In learning more about prinu-os s I w Is h Ipl to dis ote tlru i Irst of these `� �� 'r f , hnyhruls arc quite hardy,:Idaptt el as tar north as,USl);A Zone S. Thu two groups are similar in appearance— \rith rosettes of leaves and stems op to a tout tall `' " topped with e hst c of flowers Each flown has a ° ,"° tr yellow eye and the strains come in an array of colors '' ;, ,:),,,,„„i r including deep blues and nranc shades (if yellow,- red,orange,and pink. Nlv favorites:ue the old stand- �, , .‘ by Pacific Giant Ilybrids mix; Quantum mix for tall - - �, (as it requires little chilling to flower); the Gemini tr and Rumba Hybrids series for.their consistent bloom: r O: the Sweetheart series, with frilly flowers; and the , ones sold as dwarf primroses for small containers._I 4tl -- plant these primroses in shady beds in fro camellias and mass them under my pl .' . 1x nostly I grow them in containers and " around to wherever I taw(it art of color. Some years I also the fairy primroses -, (' ), or is o1 fir f lru _�-ric1 up your ,..4--;..„.--- - w ink la neer and of flowcrstell7c (itrm 'r_ florist's, primrose(P. obconica,bought in full I from the nursery)is festively covered with umbels of ,77 these vibrate r } larger pastel flowers.It's ideal for cony'1er s or w hen (' , c' , 'just want a few to brighten up the kite ' /rr',.',,-j",.'-',„:„ -�_ r 1.'° PI�'' 1 J Caution:`:• �)not confusethese primrose- ___ TEXT AND PHOTOGRAPHY BY ROSALIND CREASY edible Engl�;k ,o 'slid. -;hula veils). Th. roses ment i',..-:::;;',-', amu t.'..-7.4',, . ; of edible; P. or',;(,,: as ' causes minor it - ensitive skin.-)- t 58 GARDENER MARCH/APRIL 2002 • °"' r ' ', XX 1 ` U•I'''-;• 4'Cd: 11;1 ' `,,'Vii+lire``\; ....;•,-;-"'„!:1///:. --,. __ ''' ,,.�. r�'.I 741 Irl .. 'F'''/:,--''''' tt4• . )� q:'!t to, a i s t 1 /j 1 ig t� t n \\ ;>a r :.,�,� /.' lie 4,- • n4'1 k Yes 4 1'„ �W —"4$0,-. { ' t "+ \ y s /;/f, M ° , �4, r_' \" '"' i �. „„.., . , rS ; - r' ' ° t n .J yV. iiit '4 ��. .1ki t-•• .. ^'"s" {"*a�' 104.,..k `"`_ f•:•,,- _ ,S' fi .,„ ,,,,:',.,,j2." �ry 4 i,."z G,,r.a,- 'fit X, e.` ': ' s T3' M. Ott ,h .x -yam ;' .t , 4. u .r \e C ��P�,+Y� .p} � .,,,,\,, ! ' '� W r - +'Vii'. , k.df tp, ri „- < r t� As it is practiced around the globe, the art of bonsai junipers, and mountain hemlocks that have survived glorifies the natural world in miniature.Traditions reach- centuries—millennia, even—of hardship. Ferocious ing back to the 12th century dictate how specimens are winds, blizzards, and hungry animals challenge the cultivated, displayed, and classified. Dan's fresh trees, and yet they cling to life. approach to this ancient art has its roots in the 1950s Now open to the public, Dan Robinson's bonsai when, on a hike in Washington's Olympic Mountains, collection numbers more than 300 specimens (two of he spotted and collected (with a permit, of course) his his Ponderosa pines are permanently on view at the first naturally stunted tree, an Oregon vine maple (Acer National Arboretum in Washington, D.C.). But this Zone circinatum). Deer had repeatedly browsed the tree, 7 garden is no museum of plants. Mellow driftwood and pruning it much as a bonsai artist would. "It called to statuesque snags(standing dead trees)left by forest fires me and changed my life," he remembers. "Since that evoke the ages, while stone sculpture by Dan and first brilliant moment of discovery, I have been on an Diane's son, Will, explores still more organic shapes. It's endless hunt for more." In the rugged American West, a place shaped by one man's deep respect for nature, he has encountered Ponderosa pines, Rocky Mountain and a celebration of the will to live. 56 GARDENER MARCH/APRIL 2002 +,a, ,' • . u. A' '. , s a rt :.--; . ,�y ,,;. , .f,",:'., .01",:.4.,,,,.' lh+ s IN �"- � yy �� :` f '''':.;:;Z:4'.. f '.9 q , ..,ty�J,,r ,{wr dYa, �+"d -'�" t� �i tib. �. �. - ,bs .. • -S � pJfi Y atR. r�- P„{. j+41 �'m ^=`( '� f .N t 1w �. �, l{ .^�'4 ,a f r f 1 1 df S' r' •,ti:.t :i t,. ..i.,, t t, , • , - ..,•-' 2..,..2.p.„..,,,,,e,...i: .-:} ' r g� ln' '9a 1'S1�`, ..,i.,,..1 , . .,_ ,..,•,,,,,.. .,... ., . , .':„3,-,...--:'.:„.'3 ',, 9 _ ."� . . 1 h d r ii. i. .t.. r 7 '',;‘1''' ;'y `Ij i' .", ,'ikil '1 q a4 E v. 4 f ,01,4,F.,,,,..' $ , t��1 R `tl �.. Y _ - -4-t:', � .e�.�• s X kyr 7� YI ,,ib"tv .y pp c ;:4t __1„,„,- ,bkrt3,,,, rte” ^' „.7,,,,,,:„---4---,„'.-3 ; •' ,�'''''„•• ,- ti•. 3” ,Sri Z"S a( �''} A''''''' [, •F r. y r .I + T'A a r Ir. > �' w. . v,� • ri spit «k.2' 1z.. .-"M1 ;: G^tty r»- #@.s1 elk° .f-,f,,,,, .trQv" '- 74 �,,'*'k, ,f." y -:,-;:t,......„,,,,,.„:„---i y I,_•,••• a q}fp • }r, d ,1 i ( '^. ..- • Rte+•. .,a �. � `I w4 ` �.k}�"' �•iF y �'. • .. t 4n -" -ti< s ' ^ y. -.- /,'1•7,i'',gif. �, '�' • 'mta ';asR ��. 7'+y dF�+ 4 '» 4•.-1,40:,..,,,,t. b" d. + 1� x`7.1 t f KL' d ''" KAY d �� t ° • ° ek` 3 i;*�t"a -?4it 'W` � •s3i.1: Y, w 7 �� i " �r+».,,,i Esc• : c `t ;: �,f' 1W t# d + ` fix re^s y . ✓' � � -4'-','`�'•yf,�,�,Q 1. W 7Sr' - 01, \ R d ,. - j' 7m •� .'.1,.."‘.01„;'',, S 411y �Fl .. ... Fes' �•.,1 �1. z Y 1 [' it t __ '`' 7 k d a fk • i...4.:.t,,..,,,Itl.r:: :,L t''' :.C:-":'-':^ri' '. ','' I •.',../.,'•', r''''''' '''; .,' . ',• .j-7,4'II',:-/,0,''.,,,,r,)t;...!,,,f.,! .1„,•,;,:.;`4,21''.,:',"‘f -. •-• . ,Ni‘Y'r..';',V4,..ric-'...t....,'''''11'.•-,'.-1'`: /c,!',r- .-- :=,1 ,,' .— : .;,-,- -. ,,-.,..' . .. ,,,.d. ./.,�r1 ;�Y r ( n ',•,:,,,„,,,!5"-i,--.f:'"�.f',> 'q ) • 'k M1r� �� a :',..1'.1*.!':.,, +R �' �xA IX ,,w „,e..','1/•'..-„,„,..r4#,-.t',..0,'� } 1 ; ,•.r•,4•r l�@ d��� 1 'tt, k t o � ` 1 W.:',S;',':-';,„,,I,_ '� � � d E';- � : � ���Ft I � q�'t,;,,,,,,,;f,+a� ;�, t 7 �, a .�,�. Z'-'-..11!''')M..,,1”: N d `i '!,,'.,00., f��, i L'",...,-,..-‘ � 'fC 1 # 3 d C f 1 R;�l ,,y{ ' & L�► R' �"" r". 14 Yi A (d } M '' s""„1 rw'1, 1`� 7•h .i,,1 s `A., Ai r~ 4 �„1,''..1.,r-°1;.`;,,,,,,,e.-_, , I P F f C71 1 te 44.'i',. a � 8...1.4"," y. ta C -�' +4� � am4 ty --•;-.43 +.`y: .. • AS , S 4 > „ T}(',3 t. a.-"' aN j. , - 4'e tri T V .. 4 -i3�Y T�£ r �' p'!+A4 r meq,.; , `- $ .; a Y ` kItt µ z^� F ,` P 4 ! ry"�`y35y b u�q s .c u1k �a . Y' y R vti' e ? • �ge f k _ -.," i !.=',,,'.. a ,� 'req'''''''', of • Ik us " 'k T 4, � --,,,•••••*--, te '� F".'� '' A r + 1 P '�` 4'" c 'fro fi *A y §:� a 3 4E 3 an Robinson's highly personal bonsai display near Washington t State's Bremerton Ship Yard is a garden with a twist—and not t just one. Gnarled branches, contorted trunks, and curvaceous ' boulders inhabit a world with few right angles. A bonsai artist lif tit and retired fireman, Dan has spent nine years creating, in hisvit words, "a garden that looks as if it's always been here. It's a contemplative place marked by a quiet balance of order and ---'9'-'-1 ' n c' f ' chaos." That this six-acre oasis, known as Elandan, exists at all is nothing short of a miracle. In the w Above: Karumi azaleas and other bonsaid 1940s, Bremerton dumped its trash specimens line the path to Elandan here; by 1952, when the site had Gardens.Midway down the walk is an 85- outlived its usefulness, fresh fill was year-old Japanese red pine (Pinus densi- laid atop the mounds of bottles, flora),acquired in Korea in 1960.It stands cans, and rubbish, and the property just 16 inches tall. Right: Moss blankets was abandoned. When Dan and his wife, Diane, arrived in 1993, the base of a 65-year-old Japanese larch only brambles and naturalized Scotch broom decorated the waste- (Larix kaempferi).Opposite: Nearly naked land. The couple cleared the scrub and imported 300 truckloads of in April, a 450-year-old pond cypress sandy soil and thousands of tons of granite boulders. Gradually, the (Taxodium ascendans) will leaf out as the property became the ideal showcase for Dan's remarkable collection season progresses. of mostly freestyle bonsai specimens. -o- SEE RESOURCES 54 GARDENER MARCH/APRIL 2002 x. dr % r • A, /1046 .. r ` � �.+ •"11" ;,fit ;» a *� �" A`'t�' . z. ".14''' ' ::----,,,::::-:*-1':..,..1. p a - gy? I ea&`R - l e j., A3 . .` S 4r \` I ` t M' 'r"F tklY , i 1 ' 4:. i 'A ,)1'r'A N',••,,A.:P4rAlw ' 4,--., 4 "7: .0""477',6c-it‘.,, ' a ra +t.r�- 7i \'. '. �!‘1.."-''---. ✓ , ' { { Yi� ^ ++ , art t Mfr x•^w. .. '� �Y{se a � '°� [' � f '�^• 'yam, t<. 11 ' (''''' -!'"/.7- 'If it(74' ,*••• '''''' ''''' ' -.-:,-,- ---- /'`",,--, -' `^ ;. w"` tj ,����� �' � � , f.�"' `" .. ® ` * f 3Y . -,S i--!:'—1' - „, r 'c!".. "N -"N\-".7,`%.,7 ,. : --,. ..i.7\,,,:, An American takes a fresh approach to an ancient art ..„,„...N ,....,,.... .s.„ „.....„,,,,........_ ,,,,, en onsa ,.\ \. 1: - , .... .. ._ ....„ y PHOTOGRAPHY BY CHARLES MANN .....„„.„ :, 4-. . Y a.;?4*/a -r, , ii...„ ,,,.. , .\ "-• "\iii: w `� :.-ter pf , o _ \ t ' r 7 : •. w11; �. t44 ,'ii �� �' oft ",,, �' -4 '- t + . 4,. '..,1,-;*".44---,t.,;-: ',..r.. ,_,...,.-4.-,,1 7:14,..„6 Th,--**.**:!,,, 4 I ‘1‘1,.'0.,sle .,-.::;1,„..,,-7,„„:„'"\\N‘N.1,),,,,',:j_ 2, ., • r ,..1,14,tztt4 ,11.. .--t,-_----,—.7. .—„,,,,,., ;,..,.. ... . �' � • In.Bremerton, Wash., a Rocky Mountain juniper (/uniperusscopulorum)that lived from around 1498 B.C. until about 1650 An. links visitors with the distant past. Dan Robinson found the ancient"snag"(standing i'' 1 r dead tree) at a ranch near Casper, Wyo., and dated it '. with an electron microscope. jiikl,G ypR .!,.. Y •" ,1�Le- i` �\ ,.,#...., .. - '4+ .4-- - A*; iYI � of 4 ? rs *j „ µm '� y'il ss # tsr ` ' kir. iy # "te fin ^+.`.d `."y a s I1*:'< '�' V.r .w,� .' y -# . 'e -,__w ♦ sa,V +n /y, J „'ter._ PI,1 ,{ J. Ys • . t tt}{{ L k. .., ,t....,,y,.., , ,.1,,,.,„,,i..... t,,,. ,, .„.e,,,,.- ., . i .. ,-- .,- „Apti -\ .„. . r ; . + . , ...-,-,w1 , „,,,,...zz: _ ?., ^t +�i `i1 ' ' °�f � : ,....//::,„;,, te" , 14..;',,. -" ,:i'"i '44: � \,.\ a f � l',,„ _'_ s is '*� � '`�¥ � . ,# -�- -__,.aa+~ti.-,�., r r .. a w z �i ' f sem.F;t . s�e. Y, -* "` c^ r. _ * s �-,. ,>'-: .< _ .� --44-4— r sr *--.:2.-"----''� '3: ,. o rY�.. tt. bt ,e;' '''' ,>. ,,i).""1.'„00,.., ,-7 '.'''.. ..-1,, ' 1."'",.., '".., '''...'*%,. . -' ^ 4,,.:""v A„- t ttif !¼\ .a °r 1. +tar' �.� o§, t; � "°:d. =1. � ... `^•:r�'✓�-'*^=� ° '';� •e,�. �. t�. '�alt fr�r v"i,.� 1. �.rv,gro ,, 1 i L: a ,�--:.i.,,,-.4‘, ' '''','.1,'" -A 4t art. ri''+ys' e �v.y . `^ `� � o ) �� r r��-.r i� '?"'• �`� r ;• If " �`j.- � � e ,�� �<� a F m [ ...:,----,I, + ;\ `M. •A" +:sx: .'a�i�^` ><5"" :^ ::,4-45,,,,''''''✓ t _ ,n ,: _ ''4'..,Flit ik 11' til � M.,,� r - ..,4‘..„...,,.,..„,.....„.3 ,:,.. .,.x � y • Y a �V" � 4.4‘,41,r y. .�va� `"t p4 •tz t... - f !"• .� e ,'':',„,,,,,,a. .° °y , • •' ,,y „„.a, -'v', s 'e'♦ t, -.....4 -.V"?'-''."4"" u' r� .+: s_,. .FF`> +ii xt-,-k., ` '' ++ wfV. ;,-.- + r +F .i, 'Fa..i' ,P^S." -.a. 4 rra5 4 w ., , . � i Fri' + �, , "� 52 GARDENER MARCH/APRIL 2002 4', :a s y 7 ♦� A A 4 it ;: , , d. `./ � a , bulb basics, ,- i ` II ' I Be adventurous!Experiment with one or more ;*" of these methods for raising spring-blooming I' bulbs in containers: ,,,::::, - ]: dj ' Asn r/..I� ,. f outdoors, and wait for spring. This ,/ works only if the container won't freeze and - < . t t N. � crack (in cold climates, terra-cotta is a poor y f `' 'Y., // choice).Good drainage is critical,or bulbs wilt \. ' ,4+,:::', — „,„..„41 freeze and rot. This is nota good method in ' tit ,, �` very cold regions where the whole pot will % •y �►';, ;� freeze solid. =� Plant bulbs in a plastic pot,then sink _„` k-;4Lo _�. Wi `' the pot outdoors in the ground.When foliage emerges in spring, dig up the pot and -.:. ~” place it inside a more decorative container to _ ' �' bloom outdoors. d' AP" {`di• Try forcing bulbs indoors. Follow these ��r:�.4t-�+"� � a i�.__.,--"'"--:-------------_-------------_-- AP, ..�-�'" � easy steps to success: ; '� • =• J,+� 1.Put potting soil in the bottom third of a pot -., .ref r " , •i',i ' with drainage holes. �j4`°. ', 141 2.On top of the soil, place as many bulbs as t ,' �' ,� r„ i. 7 , ' ( �F will fit in a single layer without touching, x T-,, ,„=" / 0,4. then cover with more soil so that the tops are a I & , ,, 'Af j Ir ‘.. •" barely showing. " ',.. 3.Water;wait two days,then water again. c„' ' w 4. Put the pots in an unheated cellar or spot where the temperature will remain between O j 32°F and 48°F, or place in the refrigerator's crisper drawer. (Don't store fruit in the fridge a»~ I. during this time;as it ripens,it gives off a gas -:,-,,,,,-„_,:_;.-1::-' that will harm the bulbs.)Allow them to root for 10 to 15 weeks,watering when dry. - ' 5. Bring the pot into a room with indirect tight. After about 10 days, move them to a sunny windowsill. The blooms will last longer if the room is cool,especially at night. special offer 1. Carex oshimensis 'Evergold' TulipWorld.com,which sells high-quality bulbs from brings out the luminescent tones Holland, is giving Country Living Gardener readers an / of fiery heirloom 'General de Wet' exclusive discount on its patriotic bulb package, r ' ` tulips. 2. Orange wallflowers "Angel Tears."This great combination of 115 bulbs is tt /i /-/- (Erysimum cheiri) mingle with heir- being offered at the special price of$39.95 (plus $10 loom'Prinses Irene'(a.k.a.'Princess p&h). You'll receive 40 Tulipa 'Red Georgette', 25 1' // i i Irene') tulips, which are excellent white Narcissus 'Jenny', and 50 blue Muscari armeni- - .' / / �!- for forcing. 3. A crocus display oacum'Saffier',to create a marvelous suitable for an apartment balcony patriotic theme in your garden or in pots.The bulbs are suitable for Zones Z features 'Blue Pearl' (in checked 4 to 8,and will bloom late March/early April.They will be shipped to you pots)and'Flower Record'crocus. o at the end of October, in time for fall planting.To order or for more -7. information,visit www.TulipWorld.com.Offer ends April 23,2002. ".-NA... s' GARDENER MARCH/APRIL 2002 51 art k _ , Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 3333 ROBINSON - DANIEL & DIANE Anderson Creek Staging Area - Elandan Gardens PW Admin LEG 12-1 08/16/1991 04/30/2019 01/01/2019 (4) 5 yr options w/60 day written notice LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "Lease") is between the CITY of BREMERTON, a municipal corporation of the State of Washington, with offices located at 239 Fourth Street, Bremerton, Washington 98337 (hereinafter "City"), and Daniel Robinson and diane Robinson, husband and wife (hereinafter "Lessee"). RECITALS WHEREAS, the City now owns certain land which Lessee has been leasing since August 1991; and WHEREAS, it is the parties' desire to enter into a fifteen (15) year lease to allow Lessee to continue to carry on its business; and NOW, THEREFORE, the City and Lessee agree as follows: AGREEMENT 1. PROPERTY. 1.1 Property Defined. The City leases to Lessee and Lessee leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions set forth in this Lease (collectively the "Property" or "Leased Property"). 1.2 Survey, Maps, and Plans. Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 1.3 Inspection. The City makes no representation regarding the condition of the Property, or the improvements located on the Property. 2. USE. 2.1 Permitted Use. Lessee shall use the Property for a retail garden center and tourist attraction (the "Permitted Use") and for no other business or purpose, without the prior written consent of the City. The Property shall not be used for illegal purposes. It is agreed that this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. 2.2 Restrictions on Use. Lessee shall not cause or permit any damage to natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling activity to occur on the Property without required permits. This requirement may pertain to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property, except as is permitted herein and performed in the ordinary course of the business of Lessee's greenhouse business and except as otherwise approved in writing by the Lease Agreement - 1 (Between CiO, of Bremerton and Daniel and diane Robinson) City. If Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 2.2, the City shall notify Lessee and provide Lessee a reasonable deadline to take all steps necessary to remedy the failure. If Lessee fails to do so in a timely manner, then the City may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon demand by the City, Lessee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. This section shall not in any way limit Lessee's liability under Section 8, below. The covenants contained in Section 2.2 shall survive expiration or termination of this Lease.. 2.3 Conformance with Laws. Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government roles and regulations regarding its use or occupancy of the Property. 2.4 Liens and Encumbrances. Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 3. TERM. 3.1 Term Defined. The term of this Lease is fifteen (15) years (the "Term"), beginning on the 1 st day of May, 2004 (the "Commencement Date"), and ending on the 30th day of April, 2019 (the "Termination Date"), unless terminated sooner under the terms of this Lease. 3.2 Option to Extend. Lessee shall have the option of extending this lease for up to 4 additional 5 year terms upon delivering written notice to the City sixty (60) days prior to the expiration of the term subject to the City and Lessee mutually agreeing upon a new lease payment for each option. If this option is exercised, the Lessee and the City shall each gain the additional right to terminate the extended portion of the lease as provided for in Section 3.3(a) of this agreement. 3.3 Right to Terminate Early. (a) If Lessee exercises its option to extend the lease under section 3.2, the parties shall have the following additional rights under this agreement. Lessee shall have the right to terminate the lease at any time during the lease option term upon giving the City one year prior written notice of termination. If the City determines that the Property is once again needed for Utility or other City purposes, the City may terminate the lease, without cost or penalties, at any time during the lease option term upon giving the Lessee one year prior written notice of termination. (b) If, however, during the initial fifteen (15) year term or any lease option term of this lease, the City is required to perform remediation on the Property by any state or federal agency, then the City may terminate this lease upon giving the Lessee one year prior written notice of termination. In the event the city needs to obtain access to the Property during the notice period to perform remediation, the Lessee will cooperate with the City to allow access that does not unreasonably interfere with Lessee's use of the Property. 3.4 End of Term. Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City in the same or better condition as existed on August 1991, the date Lessee originally took possession of the property, reasonable wear and tear excepted. 3.5 Hold Over. If Lessee remains in possession of the Property after the Termination Date, the occupancy shall not constitute an extension or renewal of the Term. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be Lease Agreement - 2 (Between City of Bremerton and Daniel and diane Robinson) terminated by either party on thirty (30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law. 4. LEASE PAYMENT. 4.1 Monthly Payment. During the initial fifteen (15) year term of this lease, Lessee shall pay to the City a monthly payment of Four Hundred Dollars ($400.00), plus the leasehold tax of 12.84 percent as set forth in Section 5 for a total monthly payment of $451.36 ("Lease Payment"). The first installment shall be due and payable on or before the Commencement Date, and subsequent installments shall be due and payable on or before the same day of each month thereafter. 4.2 Payment Place. Payment is to be made to the City of Bremerton, Attn: Finance Director, 239 Fourth Street, Bremerton, Washington 98337. 5. OTHER EXPENSES. During the Term, Lessee shall pay the following additional expenses: 5.1 Utilities. Lessee shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, stormwater, water, gas, and telephone service. 5.2 Taxes and Assessments. Lessee shall pay all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever, applicable or attributable to the Property, Lessee's leasehold interest, the improvements, or Lessee's use and enjoyment of the Property. 5.3 Right to Contest. Lessee may, in good faith, contest through any established appeal process or similar procedure any tax or assessment at its sole cost and expense. At the request of the City, Lessee shall furnish reasonable protection in the form of a bond or other security, satisfactory to the City, against any loss or liability by reason of such contest. 5.4 Proof of Payment. Lessee shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 5.5 Failure to Pay. If Lessee fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost in accordance with the provisions of Section 6, unless Lessee has contested any arnount due pursuant to Section 5.3 above. 6. LATE PAYMENTS AND OTHER CHARGES. 6.1 Late Charge. If any rental payment is not received by the City within ten (10) days of the date due, Lessee shall pay to the City a late charge equal to four percent (4%) of the amount of the lease to defray the overhead expenses of the City incident to the delay. 6.2 Interest Penalty for Past Due Lease Payments and Other Sums Owed. If a Lease Payment is not paid within thirty (30) days of the date due, then Lessee shall, in addition to paying the late charges determined under Subsection 6.1, above, pay interest on the amount Lease Agreement - 3 (Between CiO' of Bremerton and Daniel and diane Robinson) outstanding at the rate of one percent (1%) per month until paid. If the City pays or advances any amounts for or on behalf of Lessee, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Section 2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Lessee shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Lessee of the payment or advance unless Lessee has contested any amount due pursuant to Section 5.3 above. 6.3 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Lessee pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. 7. IMPROVEMENTS. 7.1 Lessee-Owned Improvements. So long as this Lease remains in effect, Lessee shall retain ownership of all Existing Improvements and all authorized improvements and trade fixtures it may place on the Property (collectively "Lessee-Owned Improvements"). Lessee- Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined in Subsection 7.4 below. No Lessee-Owned Improvements shall be placed on the Property without the City's prior written consent. 7.2 Construction. Prior to Lessee commencing any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Lessee- Owned), Lessee shall submit to the City plans and specifications which describe the proposed activity. Construction shall not commence until the City has approved those plans and specifications in writing and Lessee has obtained a performance and payment bond in an amount equal to 100% of the estimated cost of construction. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. The City shall have thirty (30) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days. Upon completion of construction, Lessee shall promptly provide the City with as-built plans and specifications. The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. 7.3 Removal. Unless otherwise agreed by the City in writing, Lessee-Owned Improvements shall be removed by Lessee by the Termination Date. If the Lessee-Owned Improvements remain on the Property after the Termination Date, they shall become the property of the City without payment by the City. 7.4 Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 7.2 or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately Lease Agreement - 4 (Between City of Bremerton and Daniel and diane Robinson) become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal. 8. HAZARDOUS SUBSTANCES - INDEMNITY. 8.1 Except as limited by 8.2 below, City shall indemnify and hold harmless Lessee from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses of which accrue to or are incurred by Lessee directly or indirectly, from or out of, the discovery or cleanup of hazardous substances on the property which pre-exist this lease. 8.2 Upon discovery of any hazardous substance on the Property, Lessee shall promptly notify the City. 8.3 City shall have the option to terminate this lease upon thirty (30) days written notice to Lessee, if cleanup of a hazardous substance from the site can be avoided by nonuse of the Property, or if cleanup would interfere with Lessee's use of the Property so as to incur additional cost under subparagraph 8.1. 8.4 Lessee shall indemnify and hold harmless the City from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by the City which arise directly or indirectly from the discovery or cleanup of hazardous substances from the premises which are deposited on the Property during the term of this lease. 8.5 Hazardous substance shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this lease. 9. ASSIGNMENT AND SUBLETTING. 9.1 City Consent Required. Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City. In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Lessee. 9.2 Rent Payments Following Assignment. The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. 10. INDEMNITY. 10.1 The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any act or omission by Lessee any officer, agent, employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or Lease Agreement - 5 (Between City of Bremerton and Daniel and diane Robinson) agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property, in or on said building(s), or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of or in connection with Lessee's use and occupancy of said Property. City agrees and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement. 10.2 Should a court of competent jurisdiction determine that this Lease is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER iNDUSTRIAL INSURANCE, TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of Section 10 shall survive the expiration or termination of this Lease. 11. INSURANCE. 11.1 General Commercial Liability Insurance. Lessee agrees to procure and maintain in force during the term of this Lease and any extension thereof, at its expense, general commercial general liability insurance. This insurance shall be adequate to protect against liability for damage claims through public use of or from accidents or other liability arising out of Lessee's use or occupancy of the Property and buildings thereon. This insurance shall be in a minimum amount of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage which may be covered under a blanket policy. Lessee agrees that, if such insurance policies are not kept in force during the term of this Lease and any extension thereof, the City may procure the necessary insurance, pay the premium therefor, and that such premium shall be repaid to the City on demand. The City shall be named as an additional insured as to liability arising out of the Property and buildings thereon and the insurance of Lessee shall be the primary insurance as to said liability. 11.2 Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance(s) required in this Lease. 11.3 Subrogation. The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 12. MAINTENANCE ANl) REPAIR. Lease Agreement - 6 (Bet~veen City of Bremerton and Daniel and diane Robinson) 12.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. 12.2 Lessee's Repairs, Alteration, Maintenance and Replacement. (a) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements (regardless of ownership) in good order and repair, in a clean, attractive, and safe condition. (b) Lessee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority. (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. 13. DAMAGE OR DESTRUCTION. 13.1 In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City. 13.2 Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property. 14. DEFAULT AN1) REMEDIES. 14.1 Acts Constituting Default. Lessee shall be in default of this Lease on the occurrence of any of the following: (a) Failure to pay Rent or other expenses when due; (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other provision of this Lease; (d) Failure to cure a default pursuant to Section 14.2 below; or (e) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property. 14.2 Failure to Cure. A default shall become an event of default ("Event of Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default. 14.3 City's Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease and remove Lessee by summary proceedings or otherwise. The City may also, without terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate. If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Lessee to the City; (2) to the payment of any cost of such reletting; (3) to the payment of the cost of any alterations and repairs to the Property; and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease. Any balance shall be held by the City and applied to Lessee's future rent as it becomes due. Lessee shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the Lease Agreement - 7 (Between City of Bremerton and Danial and diane Robinson) City gives a written notice of termination to Lessee or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default. 15. ENTRY BY THE CITY. The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon twenty-four (24) hours notice. The City and/or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property. 16. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City: Director of Public Works and Utilities City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Lessee:Daniel and diane Robinson Elandan Gardens 3050 W. State Highway 16 Bremerton, WA 98312 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 17. MISCELLANEOUS. 17.1 Authority. Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. 17.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 17.3 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. 17.4 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of Lease Agreement - 8 (Between CiO' of Brernerton and Daniel and diane Robinson) any preceding or existing breach other than the failure to pay the particular rental payment that was accepted. 17.5 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 17.6 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 17.7 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 17.8 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. 17.9 Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 17.10 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 17.11 Quiet Enioyment. The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns. City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease. 17.12 Recording of Short Form Lease. Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this lease, setting forth a description of the Property, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded. 17.13. Duplicate Originals. This Lease Agreement may be executed in duplicate originals. THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY Daniel Robinson ~ ~- "~ x : Date: '~' ~ ~-,,L/ Its: Mayor t/ Date: Z/- c~ o° - (./~/ diane Robinson Date: ~-~ ~O ~,/ Lease Agreement - 9 (Bet*[een City of Bremerton and Daniel and diane Robinson) APPROVED AS TO FORM: STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this,.~faf:~ day of/~.~ ,2004. ~"'-OTAR~0 PUBI~,IC 'in and fo~' ~ae State of Washington, residing My commission expires O"/ STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Daniel Robinson is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this ~ day of ~ ,2004. NOTAR~ P-'-UB-LI~C in~a~d for~he ~rtate of Washington, residing at ~.~, My commission expires/.~Z,~. Lease Agreement - 10 (Bet*veen City of Bremerton and Daniel and diane Robinson) STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that diane Robinson is the person who appeared before me, and acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this ~day of ~'{7~t.c~ ,2004. ~~ ~ v'L~,C' i ~ ND'T~-RYffPUBLIC~in ~nd forthe S~ate of t~w~....%~ .~.~f Washington, residing q~*/'~. ...... ?,[x~x>~ My commission expires Lease Agreement - 11 (Bei*veen CiO, of Bremerton and Daniel and diane Robinson) ~ection ?,~ Tow~shlp_2 4 I . ~e~ Tax Description T~ Accost No. ~o~ss No. Si~s Ad.ess ~32401-3-016-2004 J~170430 33241E TDLDS ~TG GOVT LOT 4 LY S OF BDRY T~CT 1 VAC STATE OYSTER ~sv < ~a o~v v~ CA~ ~ ACCO~ ~O. ~40~-~- oz~-2oo~ Ex~i bi+ ~