HomeMy WebLinkAbout2000-01-01 1100 OYSTER BAY AVE - Permits �^`�'.+�
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ClTY OF BREMERTON
STAFF REPORT
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PREPARED BY: Tnc�a Y. 8ennon
SUMMARY
1. Applicant: Parr Auto Group
PO Box 399
Bremerton, �NA 98337
2. Location: Between Oyster Bay Road and SR3, North of°C° Street
3. Tax Assessor's Lat No.: !see attached)
4. Attachments:
• ?ax �ssessors Numbers
• Site P1an Review Application
• Special �xcaption Appiication
• Special Use Permit Appiication
• Zoning Yiap
• Site �!an 3� Vicinity Map
• Off-site �andscaping plan
+ Open Space Plan
5. Comprehensive �fan lAap: General & Highway Commercial (C-G)
6. Zoning: General susiness (G8)
�
FINDINGS
1. Property 8� Development:
The proposed development wiii encompass 11.4 acres (496,584 sqft) upon
which five (5) commercial building are proposed to be constructed in three
phases over approximately two years. Two buildings are proposed to be
constructed during the first phase, with the remaining three buildings to be
constructed during the second and third phases.
2. Surrounding Land Uses:
iRelation to I Current Zoning i Comprehensive Plan Designation
i Subject Property ; �
i North l General Business (G8) i General & Hiqhway Commercial �CGL
�
� South I General Business (GB) � General & Highway Commercial (CG)
_ East ; (Highway 303) ! (Highway 303) �
� West I Generai Business (GB) j General Business (GB)
3. Requested Special Exception
Open Space
8MC 21.02.750 requires that developments �nrhich have a total gross area
greater than one acre maintain 15°/a of the total gross area of the developmert
ce dedicated �r �rovided as common open space. The designated open space
areas shail not inc;ude:
(1) streets, alleys, and other rights-of-way �
(2) venic;.�lar driveways, paricing, loading ana storage areas
� (3) required ouffering and landscaping `or parking areas
(4) required yard setbacic areas
Through the speciai exc�ption process, the applicant is asking ihat an off-site
detention pond and landscaping provided in the state right of�Nay be included in
order �o meet the 'S% ;otal open space required for the projec:.
Signage
BMC 21.02.330 states that each individual free-standing sign may not exceed
100 square feet in size (excfusive of the poie). The applicant is asking for a
special exception for approval for placement of two (2) pole signs in excess of
this requirement. The sign faces will measure 156 square feet and 300 square
feet.
Setbacks
BMC 21.02.120 and Figure 120 require that property within the General
Business "GB" zoning designation provide a twenty (20) foot front yard building
2
The applicant is asking for special exception approval for a reduction of the
required twenty (20) foot building setback to approximately four (4) feet in order
to construct a retaining wall along the west property line and along a portion of
the property line to the south.
4. Requested Special Use
BMC 21.02.230 specifies that the maximum height of a fence or wall shall be six
(6) feet when adjacent to a public right-of-way. However, according to the
' Bremerton Municipal Code Chapter 21.02.230 (b)
jA Special Use Permit may be requested for higher fences or walls along
property lines that are designed and intended for enhanced security,
greater residential privacy or cther reasons that will 6e of benefit to all
affected properties."
The applicant is proposing to construct a retaining wall along the west and south
property !ines which will measure `rom zero (0) feet to thirty (30) feet in height. �
5. SEPA Determination .
Tnis projec: has been reviewed as to the environmental impacts this proposal
could 'nave to ihe site. A Determination of Non-Significanc� was issued on
Marct� �, 2000 in accordance ��rith WAC 197-11. A modified Determination of
Ncn-Significanc� was issued on April 14, 2000.
6. Site P�an Review Analysis
;he siie �s proposed to oe develcped in three phases over a projected period of
two years. The �pplicant �roposes �o begin immediate construction cf Phase 1
upon approval and acquisition of all necessary oermits.
Use
There are `ive (5) buildings proposed to be construc:ed at this site, with two
being c�nstruc;ed in the rirst phase. A description cf the proposed uses are as
`oilows (see attached site plan to reference location):
Building #1: This building will be used for automotive sales housing a
dispiay area, service department, general administrative offices, detail
shop and car wash.
Building #2: This building will be used for automotive sales.
3
Building #3: (constructed during a later phase) An automotive dealership
is proposed for this building.
Building #4: (constructed during a later phase) An automotive quicfc
service center is proposed ror this building.
Building #5: (constructed during a later phase) This site is projected to
house a bank with drive-thru facilities.
All uses proposed and projected are currently allowed within the General
Business °GB" zoning designation.
Setbacks
The General Business "GB" zoning designation requires a twenty (20) foot front
yard building setbacic. There are no side or rear setbacics as the property is
completely surrounded by commercially zoned properry. The site plan identifies
the minimum twenty (20) foot building setback from the dedicated public rights of .
�Nay (Oyster Bay Avenue r� "C" Street) wiih the exception of a retaining wall to be
ccnstructed along the west and south property lines.
The applicant is asking, through ;he Special �xception process, to construc: a
retaining wall along approximately �our (4) feet of the west and south property
�ines. This �Nall is necessary due :o the contour of :he site, �nrhich is situated at
a `ower ?levation �han the adjacent �ignt-�f-way (Gyster Bay Road).
;n addition :o ihe :wenty {20) r'oot buiicing setbac�c, a ;en (10) `cot average (with
a `ive (5) �oot ��ninimum) parking loi setbacl� must oe maintained �rom property
�ines �Nnic;� abut �aricing lot areas.
'+ he attac�ed site �lan demonstrates compiiance •�aith :he parking lot buffering
�equirements by providing an average ;en (10) foot ��✓egetative �uffer along the
�erimeter site. The ��vest and south property lines are provided with a four (4)
foot vegetative �uffer �nrith a 12" wide retaining wall and `ence `or a combined
�nri�th of ive (5) feet of buffering. The �2" vvide retaining wall is •lush ��vith Oyster
�ay Avenue and descends to a maximum �hirty (30) foot drop to the site
elevation.
Landscaping
The twenty (20) foot front yard setbacic area along Oyster Bay Avenue and "C"
Street are required to be landscaped per the provisions of BMC 21.02.700.
Where a parking lot directly abuts property lines, only the required parking lot
setback (ten foot average with a five foot minimum) is required to be landscaped.
the applicant has met this requirement as shown on the attached site plan.
4
Street trees are required along both Oyster Bay Avenue and °C° Street. A
minimum of fifty-eight (58) street trees are required along Oyster Bay Avenue (1
for each 25 feet of street frontage). Thirteen (13) street trees are required along
"C" Street. The trees should be spaced evenly apart and comply with the
provisions of BMC 21.02.710. The attached landscaping plan shows compliance
with these regulations.
Open space in the amount of 15% of the total lot area or 74,488 square feet is
required per BMC 21.02.750. Through the Special Exception process, the
applicant is asking that off-site landscaped areas be included in calculafing open
space provided. See the attached iandscape/open space sct�edule.
The applicant is providing almost half (7%) of the required open space
(excfuding required buffers and interior parking lot landscaping). The applicant
is asking that 212,100 square feet of landscaped area provided in the state right-
of-way be inciuded in the open space caiculations. By including this area, the
applicant ��vill far exceed any landscaping, buffering, or open space requirement
in the ccde in providing approximate�y 35% of the total area (site and off-site) as
open space. The applicant is agreeing to provide long-term maintenance of the
landscaping to be provided in the right-cf-way. A condition has been plac�d on
this ,oermit to address this issue.
Staff recognizes the unreasonable inconvenienc2 and difficulty in the
develcpment of �his property for operation of an autcmotive deaiership with the
app(ication of open space !andscaping �eGuiremenis :n addition to the setbacic
and iandscape buffering requirements.
Staif supperts ;he inc;usion �f �ff-site iandscaping areas into :he ;otal area
ac;,ounted �or open space requirements. This �nriil �rovide =or a total of 270,994
sGuare Teet (55°�0) of open space. The apolicant prcposed the following:
Proposed Open Space -
Area Square Footage i
' Open Spaca (on site) 37 181 �
Landscaping in �NSDOT ,40W � 212.100
Stcrm Detention Pond (off site) � 21,713
,
Totai Open Spac� Proposed ; 270,994 t55°Io)
Parking
Parking provided to accommodate each building and their respective uses are
provided as follows:
5
Buiidin #1
Use Area Parkin Ratio S aces Provided i
i Auto Service 24,038 I 1:200 12Q.2
� Service Ba s 32 1:1 32 i
� Sales/Office I 29,265 ; 1:300 97.6 �
I Warehouse 11,132 1:2,000 S.g ;
;_ Total j 64,435 I 255 4' �
'Rounded to 255
Gf the 255 required parking spaces, seven (7) must be barrier-free with one
delineated as van accessibie. The site pian shows compliance with the parking
requirements for building #1.
Buildin �2
Use Area I Parking Ratio Spaces Provided
; Auto Service I 3,850 � 1:200 I 19.2
" Service Ba s I 6 ; 1:1 ; 6
Sales/O�ce ' 4,200 i 1:300 14
� Total i 8,050 I 39.2'
'"fteunded to 39
Of the thirty-nine l39) required parking spac�s, two (2) must oe barrier-free with
one delineated as �ian acc�ssibie. The site plan shows compliance with }he
oarking requirements ;or building #2.
3uiiding #3
Use � Area � rarking Ratio ! Spac�s Provided
Auto Servic� 8,800 � 1:200 � 44
Servic� 8ays � 16 1:1 i 16
Sales/Offic� ; 8,986 ; 1:300 i 30
�Narehouse I 3.120 � 1:2,000 � 1.6
Total ; 20.906 91.6'
"Rounded to 92
Cf ;he ninety-two (92) required parlcing spaces, four (4) must be barrier-free with
one delineated as van accessible. The site plan shows compliance with the
parking requirements for building #3.
6
Buildin #4
Use A�ea I Parkin Ratio S aces Provided
� Auto Service 3,200 i 1:200 16 �
Service Ba s 5 i 1:1 5 '
Total 3,200 I, 21 I
The site plan shows compliance with the total number of required parking
spaces and provides the required one (1) barrier-free parking space.
Building #5
Use I Area i Parkin Ratio I S aces Provrded ;
; Bank 2,400 I 1:350 6.9 ;
;_ Total 2,400 I 6.g* �
"Rounded to 7
The site olan shows compliance with the total number of required parking
spaces and orovides the required one (1) barrier-�ree parking space. This bank �
is �roposing to have drive-thru `acilities. Stacking spaces per BMC 21.02.670
�gj must be provided. A minimum of �our (4) stacicing spaces shail be provided
Tor �ach service bay on the entrance side and one (1) space on the exit side.
T�ese spaces shall be designed to ac�ommodate vehicfes awaiting service and
prevent them frcro sxtending into a public right-of-way.
The stacicing spaces are not shown on the site plan. However, there is
acequate spacz to provi�e *or the recuired stac�cing spac�s. At the ;ime for
:.onstruction �er this �uilding, the site plan must show compliance with the
�ecuired stacicing spac�s. A condition nas �een olac�d on this �ermit to address
:his issue.
�ignage
The amcunt of signage ror �ree-standing signs, pursuant :o BMC Spction
21 .�J2.330, is based on the 'ineal street `rontage of 'he property. Therefore, the
amcunts of free standing signage along the resFec:ive streets are as follows:
Oyster Bay South 1�ia0 sGuare reet
"C" Street 320 square Teet
Highway 3 1440 square feet
This allows a total of 3,200 square feet of signage for the proposed
development. The actual amounts of signage preposed by the applicant are:
Oyster Bay South 531 square feet
"C" Street 60 square feet
Highway 3 747 square feet
7
The appiicant is proposing a total of 1,338 square feet of signage. This
represents only 42% of the signage allowed by code.
All proposed signs are within the thirty-fve (35) foot height limit. However, the
applicant has requested an allowance through the special exception process to
exceed the maximum individual sign size limit of 100 square feet. This request
is based on industry standards and a purchase and sales agreement dated
September 15, 1998 between the City and Linda � Rod Parr.
The signage design is based on the unique location of the site along SR3 and
will conform to industry standards typical of an automotive dealership.
Preliminary approval of the signage has been approved by the city in the
aforementioned purchase and sale agreement (see attachment to the special
exception).
7. Comment Survey: The application was routed to various City Departments for
review and comment.
Building Division:
1. ?ermits are required for any cnnstruction and/or grading work to be done.
Construction work must be done in accordance with the 1997 Uniform
Suilding, Mec�anical, and Plumbing Codes as adopted by the State of
'�Nashington and the City oT 9remerton.
�ngineering �epartment.
Utilities
1. Stormwater quantity mitigation shall be sized in accordance with the 1992
��ersion of the King County Surface Water Design Manual. The volume of
�he existing detention pond to be filled shall be incorporated into the new
�ond structure and flow contro(s shall be modified so as to have zero
;ncrease in flow for the 2, 10, and 100 year 24 hour design storms.
2. The downstream open channel conveyance system shall be stabilized as
required to prevent erosion.
3. Stormwater runoff treatment and erosion control BMP's shall be designed
and implemented in accordance with the current edition of the Department of
Ecology's Stormwater Management Manual for the Puget Sound Basin.
4. Stormwater conveyance piping that is to be relocated shall be designed and
constructed in accordance with the 1992 version of the King County Surface
Water Design Manual.
s
5. Water mains shall be constructed as required to provide adequate fireflow to
the buildings as required by the City of Bremerton Fire Department. Water
mains shall be Iooped and shall be constructed in accordance with the City of
Bremerton Utilities Development and Construction Standards.
6. Sewer service is available and shall be constructed in accordance with the
City of Bremerton Utilities Development and Construction Standards.
7. All required Utility Permits and approvals shall be obtained prior to
construction.
Tra�c Impacts and Road Improvemenfs
1. Road frontage improvements are required on C Street and Oyster Bay
Avenue. Improvements shall inclu�e curb and gutter, sidewalk, City owned
street lighting, guardrail, pavement widening and all necessary storm
drainage conveyance piping. Improvements shall be designed and
construc:ed in accordance with the current City of Bremerton Roadway
Standards and street Lighting Standards. The Commercial Industrial
Roadway sec:ion shal! be used as �he standard cross section required.
2. A modification to the Roadway Standards may be applicable to private
streets or as a result of :he topcgraphy of ;he site. The Owner must submit �
a Varianc� Request Application `o �he Department of Public Works and
Utilities for approval cf any moaifications.
3. The project shall �rovide siGewalk ;mprovements that will connec: to the
�Nest Hills Corridor �Nerner Road �rciect.
4. The Owner shall ?rovide �heir �air share contribution to the West Hills
Ccrridor �Nerner Road oroiec:. The amount snall �e 4% of �he actual
canstruc:ion �ost �f ;he `Nerner �ead/0yster Say ,4venue intersection and
si5nalization :mprovements ard snall �e paid �aithin 30 days of the City Bid
.�ward ror �he 'Nest Hills Corridcr 'Nerrer Road orojec;.
�. �ight-of-y/Vay :.rse Permiis snail �e obiained prior :o conducting any work
�nrithin t;�e C�ty Right-or'JVay.
o. The owner may utilize a �atec�mers agreement Tor ;he roadway to ebtain
reimbursement for other adjacert property �wners' share of the street
improvements.
Fire Gepartment: �
''. �ire apoaratus accass roads shail �e ?rovided and maintained in accordance
•nrith locally adepted street, road, and acc�ss standards (UFC 902.1)
2. �Nater supplies and fire hydrants are required �UFC 903).
3. Provide for fire safety throughout �he duration of this project. (UFC Article 87)
4. As more details come forward on this project, there may be additional
requirements.
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CRITERIA FOR APPROVAL
Bremerton Zonina Ordinance 21.02.915 SPECIAL EXCEPTIONS, (c)
Procedure: A Special Exception is processed in accordance with the
procedures outlined in Section 21.02.880 and the notice requirements of
section 21.02.905 and is approved administratively as a Type II decision.
1. Will the �roposai avoid co�flicts with the Citv's Comorehensive Plan?
YES. This area is designated General & Highway Commercial on the
Comprehensive Plan Map. As commercial construction is encouraged in
this 'C-G" zoning designation, a reducticn of the required open space
requirements, reduction of setback requirements, and an allowance for
increased signage, accommodate this development but will not
compromise the Plan policies or ideals.
2. Will the Saeciai Exc�ption benefit the surroundina neiqhborhood and/or
avoid siQnificant adverse impacts on other �roQerties and residents?
YES.
Open Space
�he subjec: s�ie is Iccated in a c�mmercially developed area, immediately
adjacant :o `he Ciiy's .sewer treatment �lant and another automotive
�ealership. i here are � �ew �esidential units located ;o the west of the
siie. A ccmmerc�ai develcpment at this location will benefit the
�urrounding area as disc�ssed ;n the anaiysis sec:ion of this report ana
�Niil �e consistent �aith adjacent :ommerc;al uses.
Signage
The applicant is requesiing to install 42°�0 of �he free standing sign area
as allowed per the Bremerton �Vlunicipal Code. By allowing the applicant
to ccnstruct �ewer larger signs rather than more individual signs, the site
wiil have :he oenefit of reducing 'he ciutter of multiple signs on the
property.
Setbacks
Location of a retaining wall within four (4) feet of the westerty and
southern property lines will not cause significant adverse impacts to other
properties or residents.
io
3. Will the Saecial Exception, alonQ with anv mitiQation measures or other
conditions of approval, avoid siQnificant adverse environmental
consevuencesl
� YES. The Special Exception would create no significant, adverse
environmental impacts and require no additional mitigation measures for
approval. This proposal has been issued a Determination of Non-
Significance (DNS) in accordance with WAC 197-11 on March 1, 2000
with a modified DNS issued on April 14, 2000. The increased impervious
surface resulting from the reduction of open space is mitigated by the
increased volume of the proposed detention pond.
4. Will the S eciai ExcE tion result in the enhanced use of the site for a
deveioQment, exnansion of an existinq structure, or other innovative
improvement that will be cleartv beneficial to the subiect propertv and
neiqhbofiood?
YES.
Gpen Space
Incfusion of the landscaping the applicani is oroviding in the right-of-way
�aiff benetit the surrounding neigf�borhood by providing additional
iandscaping wi�ich wiil be maintained �y the applicant. This landscaping
should create a pleasing visual benefit to the city and �eighbort�ood at
this main entrance to a cammerc;ally developed area.
Signage
The proposed increase ;n .rcad srgnage, �nrnile exceeding the size
;imitations as presented �n :he 3remerton Municiqal Code, is an
�nnovative approac� to recucsrg ;he overall �umber oT signs along the
public right-�f-way.
Setbacks
,� reduc:ion in the `ront �ard setbacic `or construction of a retaining wall
��nrill allow fer commerc;al develcpment of a site �aith �iarious topogra�hical
obstacles. This ��vill benefit �he neighbonc�od by stabilizing the slope an�
therefore protect the access road from potentiai damage from erosion.
5. Will the resultinQ improvements be compatible with the desian and
development characteristics of similar properties in the neiqhbofiood and
zone?
YES.
Open Space
The applicant is providing approximately 35% of the subject site and
other right-of-way areas as open space to be landscaped to BMC
�l
standards. Although off-site landscaping would not be allowed to be
considered as open space without the application of the Special
Exception, the areas will be developed in a manner consistent with the
design and development of this type of use as detailed in the Bremerton
Municipal Code. These improvements will be compatible with the design
and develop characteristics of similar properties.
Signage
The proposed signage, while exceeding the requirements of BMC
21.02.330 is similar to and compatible with existing signage of similar
businesses in the general area.
Setbacfcs
Due to topographical conditions in this area, other retaining walls of
similar design, height, and location present in the immediate vicinity. This
�nrall �Nill be compatible ��rith the design of the similar walls in the area.
6. Nave other soiutions, uses or desiqn options that miqht acf�ieve a similar
result without the need for a Saecial Exception been evaluated and
reiected?
YES. Other design options could �rovide the required open space and
meet the signage regulations, but �nrould �ot be typical for development of
� an automotive dealership and �Nouid prevent :his applicant from utilizing
:he site ;n a manner afforded ;o other similar uses and properties in the
area.
Starf nas c�nciuded �hat �he site pian and the !andscaping pian as
submittea is the best design option �or �his projec:.
7. )s the Special ExcEption needed to solve a desiqn probiem or to allow a
unique or innovative desian, and not to qrant reiief of a personal or
financiai nature? .
YES.
Open Space
Approval for the incfusion of off-site and right-of-way landscaping allows
for an innovative approach to meeting the open space requirements of
BMC 21.02.700 while still providing the required 15%. The applicant will
maintain the off-site and right-of-way landscaping which will benefit the
neighborhood as a whole by creating an aesthetically pleasing entrance
into this and the surrounding commercial development.
12
Signage
A portion of the signage proposed is for directional purposes, serving
other businesses in the area. The signage is also unique to the
automotive industry and represents an overall reduction in the signage
allowed. The proposal will also prevent the installation of several smaller
signs which would c�eate a cfuttered visual look to the site.
Setbacks
Placement of this retaining wall within the setback area, affords the
applicant the oppertunity to develop this property in accordance with the
requirements of the Bremerton Municipal Code. Topographical
constraints necessitate plac�ment of this wall within four (4) feet of the
property line and will solve this design problem.
CRIT���A ��R APPROVAL
Bremerton Zoninq Ordinance 2�.02.905 SPE�iAL USE PERMITS, [d]
"Criteria for Special Use Permits" states tfiat aQprova! of a Special Use
P�rmit may be granted only if ail of the following are true:
1. is the �roposal substantivelv consistent with #he Comprehensive Plan and
either desianated �`SUP" in the Zonino Ordinance or is beina processed as
an "Unlisted Use"? �
YES. i he retaining ��vall (measuring 30 reet at 'he nighest point) is being
�roc�ssed �n ac��rdance ��riih 3MC 2�.02.230 (b) �Nhic;� states: "A
Soecial Use P�rmii may �e reG�esred `cr ��igher ;enc�s or walls along
aroperty lines :hat are designed and intended for znhanced sec�rity,
greater �esidential �rivacy or other reasons �hat will be of benefit to all
affec:ed prcperties"
The proposed •Hatl r�as a ciear benefit to the surrounding area as the
subjec: pro�erty maintains a substantial elevation change irom the subject
site �o Cyster �ay ,4venue. Tne c�nstruc;ien of this retaining wall will help
provide stability ;o the slcpe and allow `or adequate development of the
?roperty.
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2. Will the proposal be consistent with all applicable development standards
and _reQuirements, includinq the availabilitv of all needed utilities and
services?
YES. Based on the information contained in the site plan review analysis
section of this report, the proposal meets zoning standards for commercial
development in the General Business (GB) zoning designation, with the
exceptions allowed by the Special Exception process.
3. Will the proposal, alona with anv mitiqation measures or other conditions
of aps�roval, avoid siqnificant adverse environmental consequences?
YES. As per the WAC 197.11, on March 1, 2000 a Determination of Non-
Significanc� {DNS} has been issued stating no significant adverse
environmental consequence will occur as a result of this proposed use.
On April 14, 2000 a modified DNS was issued stating no significant
adverse 2nvironmental consequences would oc�ur as a result of ;he
proposed use and �Nnict� listed mitigating conditions.
4. Wiil the oroposai be compatible with adiacent uses and surroundina
neiqhborhood?
YES. The subjec: site is located in a predominantly commercially
developed area. The commerciaf �ses proposed at this site wiil be
compatibie �Nith `he surrounding neighborf-�ood whicf� include the city
�ewer treatment plant. The proposed �nrall �Niil racilitate the development
of these uses �y creating a �uildable area. Tnerefore, the proposed wail
���vill �e c�mpatible �Nith ihe surrcundirg neighbcrhocd.
5. Does `he oro�osal camplv with ail other c�teria or desiqn quideiines that
are applicab�e to �he specific use or type of develooment?
Y�S. The proqosal ccmplies with all other �riteria or design guidelines
associated �nrith this type of use. �
CONCLUSIONS
Based on the above analysis, staff concludes that: �
1. The proposed uses are consistent with the comprehensive plan and current
zoning designations.
14
2. The proposed site plan, as conditioned, does meet the development
requirements of the Bremerton Municipal Code Section 21.02.930 and those
criteria for approval of a Site Plan Review.
3. The proposals for:
a. An increase in the size of three free-standing signs;
b. Inclusion of required buffering, setback, and right-of-way landscaping
to account for the required 15% open space; and
c. A reduction in the front yard setbacic along the west property line for
construction of a retaining wall
as conditioned, do meet the nec�ssary tests and criteria required for approval of
a Special Exception.
4. The proposal for construction of a retaining wall measuring thirty (30) feet in
height, as conditioned, does meet the necessary tests and criteria required for
approval of a Spec;al Use permit.
D@C�SIOt�:
Upon review of the indings, I, the duly appointed Land Use Officiai, therefore approve
�he above mentioned site plan, IandscaQing �lan, speciai use permit, and special
axceotion permit `or the proQerty between Oyster Bay Road and SR3 north of "C"
Street do meet the necessary tests and are APPROVE� as shown on the attached site
olan and landscaping nlan with the foilcwing conditions:
1. Additional barrier ,"ree ,�arking is required as �ollows (with van
ac��ssib/e parking clearly identified):
Building �1: �ve (5)
Building �2: one (�)
Building �.3: two (2)
2. At the �ime of building permit sudmittal, the required stacking spaces
for building #5 must be provided and c/ear/y idenfified per BMC
21.02.670 (g).
3. Signage must conform to exhioits °C" through °H" as attached to the
Special Exception app/ication and must provide for a landscaped area
at the base of each sign in accordance with BMC 21.02.700.
4. Permits are required for any construction and/or grading work fo be
done. Construction work must be done in accordance with the 1997
Unifo�m Building, Mechanical, and Plumbing Codes as adopted by fhe
State of Washingfon.
15
5. Fire apparatus access roads shall be provided and maintarned in
accordance wifh locally adopted street, road, and access standards
(UFC 902. 1).
6. Water supplies and frre hydrants are required (UFC 903).
7. Fire safety throughout the duration of the project must be provided per
UFC Article 87).
S. Sto�mwater quantity mitigation shall be sized in accordance with the
1992 version of fhe King County Surface Water Design Manual. The
vclume of the existing detention pond to be filled sha/l be incorporated
into the new pond structure and t7ow contro/s sha/l be modified so as
ro have zero increase in flow for�he 2, 10 and 100 year 24 hour design
storms.
9. The downstream open channel conveyance system sha/l be staailized
as required to ,orevent erosion.
10. Stormwater runoff treatment and erosion contro/ BMP's shal! be
designed and �mp/emented in accordance with �he current edition of
the Department of Ecology's Stormwater ,1Aanagement ,Ylanual for �he
Puget Sound Basin.
". Stormwater conveyance piping ihaf is �o be re/ocated shal! be �
designed and c�nstruc:ed in acc�rdance with the 1992 version of the
;�ing County Surrace 'Nater resign �Vlanuai.
�2. '�Vater mains snall be construc:ed as required to provide adequate
�irer7ow :o `he buildings as requ�red by �he City of Bremerton Fire
::eparrment. Water ,�nains shal! be ;ooped and shall �e constructed in
acc�rdanc� �Nith the City or ?remerton Utilities Deve%pment - and
Construction Standards.
�3. �ewer ser✓ice is available and shall �e construc:ed in ac�ordance with
�he �;t;� or 9remerton Utilities Ceve/opment and Construc:ion
StanCards.
��.rll ;eq,uired �'tility �srmlts and �pprova/s shall be obtained prior ;o
constructicn.
'S.:�oad ,-"rontage improvemenrs are required on �`C" Street and Oyster
Aay �1 venue. Improvements snall ;nclude �urb and gutter, sidewa/k,
C�ty owned street lighting, guardrail, pavement widening and a/l
necessary storm drainage c�nveyance piping. lmprevements shall oe
designed and construc:ed rn ac�ordance with the c�rrent City of
?remertcn ;?oadway Standards and Street L�ghting Standards. The
Commerc;al lndustrial Roadway section shall be used as the standards
cross section required.
16.A modification to the Roadway Standards may be applicable to private
streefs or as a resuJt of the topography of the site. The Owner must
submit a Varrance Request App/ication to the Department of Pub/ic
Works and Utilities for approval of any modifications.
17. The project shall provide sidewa/k improvements that will connect to
the West Hills Corridor Werner Road project.
16
18. The Owner sha/l provide their fair share contribution to the West Hills
Corridor Werner Road project. The amount shall be 4% of the actua!
construction cost of the Werner Road/Oyster Bay Avenue intersection
and signa/ization improvements and shall be paid within 30 days of the
City Bid Award for the West Hills Corridor Werner Road project.
19.Right-of-Way �Use Permifs shall be obtained prior to conducting any
work within the City Right-of-Way.
20. The owner may utilize a /atecomers agreement for the roadway to
obtain reimbursement for other adjacent property owners' share of the
street improvements.
21. The applicant sha/l be responsib/e for the /ong-term maintenance of
landscaping provided in the public right-of-way as shown on the
attached site and/andscaping plans.
` ' V
' T �Jt,.C.�(.�":
William M. Palmer Date
Interim Direc;or of Community Development
NOTE: This decision of ;he Land Use Official :s inal unless appealed to the Bremerton City
Council within fourteen (14) calendar days of the posting of this decision.
If an ,�dministrative Zoning Ordinance Special Use Permit, Site Plan Review, or Speciat
Exception is not acied upon by the applicant �aithin one i1) year of approval, it shall
expire.
4
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PURCHASE AND SALE AGREEMENT
TBQS AGREEMEN"�is made and entered into this�day of S 998 by
and between the City of Bremerton, a municipal corporation (the "Seller") d Rodney R Parr
and Linda J. Part,husband and wife (the "Purchaser").
I. RECIT i.�
A. Seller is the owner of the Land and Improvements (as defined below) located in Kitsap
County, Washi.ngton.
B. Seller desires to sell and Piu�chaser desires to purchase the Land and Improvements upon
the terms and conditions hereinafter set forth for the intended puipose of the sale of new and
used automobiles and related repair and se'rvicing.
,
II. AGREElV�NT
NOW, THEREFORE, based upon the mutual considerations set forth herein, Seller and �
Purchaser agree as follows:
1. Defmitions. For putposes of this Agreement: ,
"A�eement" means this Agreement and all Exhibits and Schedules thereto, and
incorporates herein by reference, as if fully set forth, the City's Request for Proposals to Purchase
Municipal Property at State Highway 3 and Oyster Bay Avenue, and Buyer's Response submitted
March 2, 1998, less financial information provided by Buyer. In the event of a conflict between
provisions in the Request For Proposat, Response, or this Agreement, the terms of this A�eement
shall control.
"Closing" and the "Closing Date" have the respective meanings assigned thereto in Section
6.1 hereof;
"Earnest Mone�'has the meaning assigned thereto in Secrion 5 hereof;
"Improvements" means all of the City's interest in improvements which the City has an
interes which are located on the Land;
"Land" means the land described in Exhibit"A"hereto;
"Permitted Exceptions" has the meaning assi�ed thereto in Section 7.3 hereof;
"Purchase Price" has the meaning assigned thereto in Secrion 3.1 hereof;
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F�00000.0999TAI269�01:69 OODOTAGREEMENTS\A4AHR007
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"Property" means the Land and all Improvements, Seller's interest in any offsite easements,
covenants and other rights appurtenant to the Land;
"Title Company" shall be Land Title of Kitsap County; and
"Title Policy" has the meaning ascribed thereto in Section 10.5 hereof.
2. Contract of Sale. On the Closing Date, Seller shall sell the Property to Purchaser and
Purchaser shall purchase the Property from Seller, at the price and upon the terms and conditions
set forth in this Agreement.
3. Purchase Price: Payment Terms.
3.1 Purchase Price. The purchase price (the "Purchase Price") to be paid for the
Property shall be One Million,Nine Hundred Ninety-Three Thousand, Three Hundred and Five and
60/100's Dollars ($1,993,305.60).
3.2 P�vment Terms. Purchaser shall pay the entire purchase price at closing. Purchaser
shall receive a credit against the purchase price as provided in paragraph 4.1 herein.
4. Post Closing Performance. As a material inducement to Purchaser's execution of this
Agreement, Seller agrees to perform the followi.ng post-closing obligations:
4.1 Relocation of Existing Utilitv Lines_ Vacarion of Ri�hts of Wav and Retention of
Easements. Seller shall, at Seller's sole expense, reroute from the right of way of"G" Street to the
former right of way for "H" street on the Property the sanitary sewer line. Upon rerouting the
above identified sanitary sewer line, Seller shall cap and abandon the exisring sanitary sewer line in
"G" Street in compliance with all applicable law, and vacate the "G" Street right-of-way and all
easements in favor of the Seller therein to Purchaser, retaining as necessary easement ri�hts for
existing utility li.nes and urility lines to be relocated by the Seller pursuant to this para.graph. Upon
application by Purchaser consistent with the terms of this Agreement, Seller shall further approve
and pernut Purchaser's relocation, at Purchaser's sole expense, of the existing 18 inch diameter
storm water line from the right of way of"E" Street on the Property to a new location under and
along existing Oyster Bay Avenue and tying into the existing storm water line within the right of
way of"C" Street, using comparable I8 inch pipe. This relocation shall be in accordance with City
design and construcrion standards prior to City approval. Purchaser shall receive at closing a
$55,000.00 credit against the purchase price for undertaking the relocation of this storm water line.
4.2. Offsite Stormwater Detenrion Pond. Seller shall approve the relocation of the
existing stormwater detention pond (the"Northpond") at the North end of the Properry (Parce1007-
00) into an offsite, Purchaser built and maintained combined detention facility (the "Combined
Pond") on Seller's adjacent property with stormwater improvements located as shown in Exhibit
"B". The Combined Pond will be sized to accommodate stormwater from the Northpond and
stormwater generated from the Properiy, with addirional capacity to accommodate stormwater
generated by Seller from Seller's adjacent properiy,based upon the following:
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F.W0000-0'M99�01269�01269 OOOOMGREEMEMSMAHR007
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4.2.1. �aci�C. The Combined Pond will have an estimated capacity of 80,000
cubic feet of storage, subject to final design review.
4.2.2. Release Rates. The Combined Pond release rates are based on existing storm
water runoff for the previous residential development on the Property. Taldng into account thai
previous nmoff, the estimated storm event release rates shall apply:
Storm Event Release Rate
2 year,24 hour 4.3 cfs
10 year, 24 hour 6.9 cfs
100 year,24 hour 10.7 cfs
4.3 Sign A_a�,r� Upon _ ' g--by--P�chaser consi t�th the terms of this
Agreement, Seller shall approve.. �� �ermit onsite signage at the PropertX as described below and
in Exhibits C through G.... ..�- �`�,.
:''
� Descri�hon Exhibit �
.,
�"�� 2 Ford Brand Sign C
�� 2 Mazda Brand Sign D
;` 4 Stone Entrance Sign E
% 1 Electric Readerboard Sign F
3 Used Car Superstore Signs G
� adjacent tv southbound onramps
`; adjacent to State Route 3
;
�.
�
on application by Purchaser consistent wi terms of this Agreement, Seller shall
fiuther per�u d obtain all necessary ap ro or the following offsite sign described in Exhibit
"H"herein, located as s rt"I":
Quantitv DescriAtion E ' i
1 Auto Center Directional Sign at the H
NW comer of Auto Center Way
and Loxie-Eagan
Approval of the above described signs and locations is subject only to site plan approval
I relating solely to public safety issues relative to the physical location of signs. The City does not
i decisions.
r resent com liance with re uirements of other 'urisdictions,includin a eal of C ty
eP P q J g PP
4.4 Relocation of Earthen Motin�s/Gra�ing �nd M�nten�n_ce of Freeway Berm. Seller
shall use its best efforts to assist Purchaser, and Purchaser shall use its best efforts to obtain all
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F.�A0000-09999�U 1269�0I269.00OOTAGRF.FI�N"1'SIMAHR007
, _ . �.
required pernuts and approvals from the State of Washington and any other authority necessary to
allow grading and landscaping at Purchaser's expense of three existing earthen mounds, in
accordance with the Grading and Landscaping Plans attached in Exhibit "J." Seller shall further
use its best efforts to assist Purchaser, and Purchaser shall use its best efforts to obtain all required
permits and approvals from the State of Washington and any other authority to allow clearing,
grading and landscaping, with Purchaser's continuing maintenance of the berm located adjacent to
the Property in the right of way boundaries of State Route 3, in accordance with the Grading and
Landscaping Plan attached as Exhibit J.
4.5 Survival: Remedies: Iniuncrive Relief. The post-closing obligations imposed upon
Seller under this Section 4 shall survive closing. The parties agree that Seller's failure to use
absolutely all best efforts to complete Seller's post closing obligations could cause irreparable
damage to Purchaser. Consequently, Seller agrees that in the event of Seller's failure to use
absolutely all best efforts and devote all available resources to the completion of Seller's post
closing obligations under of this Agreement, Purchaser or Seller may, at its option, in addition to
any other remedies provided by law or otherwise, apply to any court of competent jurisdiction for
the entry of an immediate order to restrain or enjoin such failure or breach of said provisions and to
otherwise specifically enforce the provisions of this Agreement. Seller and Purchaser hereby �
expressly waive the claim or defense in any such action that Purchaser or Seller has an adequate
remedy at law or in damages. Notwithstanding the foregoing,Purchaser may, at Purchaser's option,
also sue to rescind the sale and recover damages, or exercise any other remedies available at law or
in equity.
4.6 Limitation of Offsite Improvement Costs. Purchaser and Seller aclrnowledge that
proposed traffic improvements exist for the intersecrion of Oyster Bay Avenue and Wemer Road
(the "Intersection Improvements'� identified in a Traffic Study dated March, 1997 (the "Traffic
Study"), prepared by Parametrix, Inc. Purchaser recognizes that development of the Property will
impact the intersection and that construction of the Intersection Improvements (generally including
street widening, r.un lanes, signalization, s�eet lighting, sidewalks and drainage) will benefit the
Property. Purchaser fiuther aclmowledges that the City is developing improvements to the Wemer
road corridor including the Intersection Improvements based upon certain "interim improvements"
identified in the Traffic Study. Seller agrees that Purchaser's future prorated share of the
Intersection Improvement's costs shall not exceed 4.0%. Purchaser agrees that payment of the
prorated Intersection Improvement costs shall be due upon either 1) approval of the first building
pernlit for development of the Property, or 2) within 30 days of awazd of a public works contract
for construction of the Intersection Improvements, whichever occurs first unless a mutually
agreeable alternative is agreed to in writing.
This secrion in no way limits or mod.ifies the Buyer's responsibilities for any other on-site
or off-site improvements costs associated with development of the Property pursuant to Ordinances
and Policies.
5. Earnest Monev. Upon joint execution of this Agreement by both Seller and
Purchaser, Purchaser shall deliver to Closer (as defined in paragaph 6) a check payable to the
4
F.W0000-09979W 1269�01'_69 000071AGREE.�NTSIMAHR007 '
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` order of Seller, in the amount of Ten Thousand and no/100's Dollars ($10,000) (the "Earnest
Money"). Such payment shall be credited against the Purchase Price at Closing.
6. Closing: Deliveries at ClosinQ.
6.1 Time and Place. The closing of the transactions contemplated by this Agreement
(the "Closing") shall occur no later than 30 days following joint execution of this Agreement (the
actual date of Closing being referred to herein as the "Closing Date"). Closing shall take place
through an escrow at the offices of Land Title of Kitsap County(the"Closei'').
6.2 Seller's Deliveries at ClosinQ. At Closing, Seller shall deliver to Purchaser the
following items:
(a) a statutory warranty deed complying with RCW 64.04.030, conveying the
Properiy free and clear except for the Permitted Exceptions;
(b) any necessary resolutions or authorizations of Seller authorizing the sale of
the Property to Purchaser and the execution and delivery of the deed and all other documents and
instruments to be executed by Seller pursuant to this Agreement; and
63 Purchaser's Deliveries at Closing. At Closing, Purchaser shall deliver to Seller the
Purchase Price, and any documents required by this Agreement to be delivered by Purchaser.
6.4 possession. Purchaser shall be entitled to full and complete possession of the
Property at Closing.
6.5 Prorarions. At Closing the following items shall be prorated between the Seller and
Purchaser as of 12:01 A.M. on the date of Closing, and the Purchase Price shall be adjusted
accordingly:
(a) real estate taxes; and
(b) charges for water, sewer, steam, gas, electricity and other utility services and
cable television services, if any, on the basis of the fiscal period for which assessed or charged,
except that if any of such utility services are metered, apportionment at Closing shall be based on
the last available reading, subject to adjustment after Closing when the next reading is available;
6.6 Closing Costs. Seller shall pay the real estate excise tax and sales tax applicable to
the sale of the Real Property and the Personal Properiy and the conveyance of title to Purchaser, the
premium for the Title Policy and one-half of the escrow fees. Purchaser shall pay one-half of the
escrow fees. Each party shall bear its own attomeys' fees.
6.7 Demolition. Prior to Closing, Seller shall demolish and clear all existing structures
and debris located on tax parcel no. 4502-028-011-0003, address 1203 Bayview Drive, Bremerton,
Washington 98312. Purchaser agrees to accept the Property at closing with the existing structure in
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F�W0000-09999W 1269101269 OOOOTAGREFa¢MS�MAHR007
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place at tax parcel number 4502-021-001-0000, address 904 Oyster Bay Avenue, Bremerton
Washington 98312, and accepts the structure located thereon in"AS IS"condition.
7. T'itle Examination.
7.1 Title R�ort. As soon as possible, and in any event within twenty-one (21) calendar
days a.fter this Agreement has been executed by both Seller and Purchaser, Seller shall obtain from
the Title Company a current preliminary commitrnent for an ALTA standard coverage owner's
policy of ritle insurance (the "Tide Report") covering the Property (showing Seller as the owner of
the Property) and a copy of all instruments referred to in said Title Report. The Title Report and
instruments shall be delivered to Purchaser by Seller immediately upon receipt.
7.2 Purchasei's Review. Purchaser sha11 have twenty (20) days (the "Review Period'�
after its receipt of the Tide Report to give notice to Seller of its approval of any exceptioas listed on
the Title Report. Exceptions specifically approved by Purchaser shall be deemed to be Permitted
Exceptions (as that term is defined in Section 7.3). All exceprions as to which Purchaser does not
give notice of approval within the Review Period shall be deemed to have been rejected by
Purchaser. If Seller does not, withi.n ten (10) days after the expiration of the Review Period, give
notice to Purchaser that Seller shall prior to closing remove all exceptions rejected by Purchaser
(exceptions evidencing or securing liquidated obligations to pay money wluch Purchaser is entitled
to remove at Closing pursuant to Section 7.3 hereo fl, then this Agreement sha11 automarically be
terminated and Seller or Closer, as the case may be, shall immediately retum the Earnest Money to
Purchaser.
7.3 Condition of Title at Closin�. Seller shall convey and Purchaser shall accept a good
and marketable title in fee simple, free and clear of all liens and encumbrances, easements,
restricrions, conditions, covenants, rights, rights-of-way, and other matters, subject only to the
following ("Pemutted Exceprions"): (a) the rights and reservations expressed in the U.S. Patent to
the Land; (b) the :ien of current real estate taxes not yet due and payable; (c) usual and ordinary
public utility easements for gas, electric, water, sewer, cable television and other utility li.nes,
except to the extent Purchaser in its reasonable judgment deternvnes such easements to be
inconsistent with the Purchaser's proposed use of the Property and except any such utility
easements or utility lines located with the identified rights of way of"E" Street and "G" Street; (d)
zoning regulations and ordinances general to the district i.n which the Property is located which are
not violated by the present use or Purchaser's proposed use of the Properry; (e) the disclosure,
waiver and release forni attached hereto as Exhibit "K", and (� such other title exceptio*.is as may
be approved by Purchaser in accordance with Section 7.2. In the event that Seller shall have failed
as of Closing to remove any title exceprion, other than a Permitted Exceprion, evidencing or
securing a liquidated obligation to pay money, Purchaser may elect to terminate this ageement
8. �eller's ReFresentadons and Warraaties. Seller represents and warrants to Purchaser as
follows:
6
F 100000-097�01269W 1269 OOOOTAGREEMEN7'SU1A}iR00'7
8.1 A1�14atX. Seller has the power to own all of its properties and assets and to carry
on its business as presently conducted. The execution, delivery and performance of this Agreement
has been duly and validly authorized by aIl necessary action of Seller and this Agreement is a valid
and binding obligation of Seller, enforceable against Seller in accordance with its terms.
8.2 �i�g. To the best of Seller's lmowledge, there are no liens, encumbrances, leases,
security interests, easements, rights-of-way, charges, adverse claims, management agreements,
continuing contracts or other exceptions to title affecting title to the Property other than those
itemized in paragraph 7.3 herein.
8.3 No Defaults in Other A�eements. Neither Seller nor (to the best of Seller's
lrnowledge) any other party is in default under any agreement affecting the Property, and no event
exists which, with the passage of time or the giving of nohce or both, will become a default
thereunder on the part of Seller or(to the best of Seller's�mowledge) any other pariy thereto.
8.4 Compliance with Laws. Seller has no notice or lrnowledge that the Property or its
operation or use has failed to comply with any law, ordinance,regulation or order.
8.5 Phy.�ical Condition. Seller has no lrnowledge of any structural defects in the
improvements comprising any portion of the Property.
8.6 Environmental Comp iance. To the best of Seller's lrnowledge after due and diligent
inquiry, no Hazazdous Materials (as hereafter defined) are located on or about the Property.
Further, to the best of Seller's l�owledge (i) the Property has not been previously used for the
storage, manufacture or disposal of Hazardous Materials; (ii) no complaint, order, citation or notice
with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any
other environmental health or safery matters affecting the Property, or any portion thereof, from any
person, governmental authority or other entity, has been issued to Seller or, to the best of Seller's
lrnowledge, after due and diligent inquiry, its predecessor-in-interest or any tenant on the Property
except for issues relating to the vletcalf and Eddy litigation; (iii) there are no underground storage
tanks located on the Properiy; (iv) Seller has complied with all federal, state and local
environmental laws and regularions affecting the Property; and (v) to the best of Seller's
lrnowledge, no tenant located on the Property uses, manufactures or stores Hazazdous Materials on
the Property in violation of law. "
"Hazardous Materials" means any item included in the definirion of hazardous or toxic
waste, materials or substances under any present local, state and federal Iaw relating to the
environment and environmental condirions.
8.7 Zonin�. The Properry is currently zoned and will remain after closing to be zoned
for Purchaser's intended use of the Properry for retail sales of new and used automobiles and
related services.
9. Seller's Covenants. From and after the date of this Agreement and continuing through
Closing, Seller agrees with Purchaser as follows:
7
F:\Wa00-09999�OI26TOI:b9 OOOOTAGREFMEMSIMA Wt007
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9.1 Risk of Loss. Seller shall retain the risk of loss to the Property by fire or other
casualty until the deed of conveyance is delivered to Purchaser. If a loss occurs, Purchaser may
elect to proceed with Closing, in which event Seller shall assign to Purchaser all of Selle�s rights to
insurance proceeds payable in respect of such loss, including the sole right to settle or approve the
settlement of any in�„�nce claim, and the Purchase Price shall be reduced by the amount of any
deductible and by the amount of any proceeds paid to Seller that are not used for repair and
restoration of the Property in a manner approved by Purchaser. Purchaser shall have twenty (20)
days after notice of the event to norify Seller as to whether Purchaser elects to proceed with
Closing. During such 20-day period, Seller shall cooperate and use its best efforts to provide
Purchaser with a11 information reasonably necessary to evaluate the loss.
9.2 F�nent Dom�n. If all or any part of ihe Property is condemned or if
condemnarion proceedi.ngs are instituted, Purchaser may elect to proceed with Closing without an
adjustment in price, in which event Seller shall assign to Purchaser all its rights to the
condemnation proceeds, including the sole right to settle or approve the settlement of any
condemnation award. Purchaser shall have twenty (20) days after notice of the institution of
condemnation proceedings to notify Seller as to whether Purchaser elects to proceed with Closing.
During such 20-day period, Seller shall cooperate and use its best efforts to provide Purchaser with
all information reasonably necessary to evaluate the scope of the condemnation proceedings.
9.3 R�resentations and Warranties at Closing. Seller shall use its best efforts to ensure
that the representations and warranties of Seller contained in this Agreement are true and correct as
of Closing. Seller shall promptly notify Purchaser if any of such representations and warranties
become untrue or incorrect prior to Closing.
10. Conditions to Purchaser's Obli�ation to Close. In addition to any contingencies listed in
Section 6 above, the obligarion of Purchaser to close hereunder shall be subject to the satisfaction of
the following conditions (all or any of which may be waived, in whole or in part by Purchaser in
writ;ng):
10.1 �presentations and Warranties True at ClosinQ. The representarions and
warranries made by Seller in this Agreement shall be true in all material respects as of Closing with
the same force and effect as though such representarions and warranties had been made or�ven on
and as of the date of Closing.
10.2 Com�liance with A�eement. Seller shall have performed and complied with all its
obligations under this Agreement which are to be performed or complied with by it prior to or at
Closing.
10.3 No Damage to Propertv. The physical condition of the Property shall be as required
by this Agreement.
10.4 i�g. Title to the Land and Improvements shall be good and marketable in fact and
of record, sub'ect onl to the Pernutted Exceprions.
J Y
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F W0000-09999�0126TOI269 000071AGREEMbM5�hlAtflt007
10.5 Title Policv. The Title Company shall be irrevocably comrnitted to issue to
Purchaser an ALTA standazd coverage owner's policy of tide �n�,,,�nce, with su�h rei*+cn*an�e as
Purchaser may reasonably request, in an amount not less than the Purchase Price, inc��ring
Purchase�s good, marketable and indefeasible title to the Real Properiy in fee simple absolute,
subject only to the Permitted Exceptions and standard printed exceptions contained in the ALTA
standard coverage owner`s policy form(the"Title Policy").
10.6 No Condemnation. There shall be no pending or threatened condemnation or talang
of any part of the Real Property or any means of ingress or egress thereto, other than a minor street
widening, or other immaterial taking, which, in Purchaser's judgment, does not adversely affect the
Real Property.
11. Conditions to Seller's Oblj�tion to Close. The obligation of Seller to close hereunder
shall be subject to satisfaction of the following conditions (all or any of which may be waived, in
whole or in part,by Seller in writing):
11.1 Renresentations and Warranties True at Closing. The representations and �
warranties made by Purchaser in this Agreement shall be true in all material respects as of Closing
with the same force and effect as though such representations and warranties had been made or
given on and as of the date of the closing.
11.2 Compliance with AQreement. Purchaser shall have performed and complied in all
material respects with all its obligations under this Agreement which are to be performed or
complied with by it prior to or at Ctosing.
12. Broker/Consultant. Seller represents to Purchaser that Seller has engaged Pollock &
Company as consultant in connection with this transaction, and that Seller is solely responsible for
all fees associated with the services of Pollock and Company as consultant. Seller and Purchaser
jointly represent to each other that neither has engaged the services of a real estate agent or broker
in this transaction to whom any real estate commission might be due.
13. �ailure of Seller or Purchaser to Perform.
13.1 Purchase�s Remedies. If Seller shall default in the performance of its obligation
under this Agreement to sell the Property to Purchaser, then Purchaser shall have the right to either
(i) institute an acrion for all damages suffered by Purchaser, including without limitation, the loss of
its bargain, or (ii) institute an action for specific performance to enforce Seller's obligarion under
this Agreement to convey title to the Property and for incidental damages.
13.2 Seller's Remedies. If Purchaser shall default in the performance of its obligation
under this Agreement to purchase the Property from Seller, then Seller shall have the right to retain
the Earnest Money as liquidated damages for all damages suffered by Seller, includino without
limitarion, the loss of its bargain,which shall be Selle�'s sole and exclusive remedy.
9
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14. '�ermination. This Agreement may be terminated only by the mutuat written consent of
the parties. In the event of such termi.nation, all obligations of the parties to each other shall
tenminate and the Earnest Money Note shall promptly be returned to Purchaser.
15. Indemnification. Seller and Purchaser agree to indemnify each other and hold each other
harmless against and in respect of any loss, damage, liability, deficiency, cost or expense (including
reasonable attorneys' fees), whether direct, contingent or consequential, which Purchaser or Seller
may sustain or incur as the result of aay misrepresentation,breach of warranty or non-fulfillment of
any covenant or agreement on the part of Seller or Purchaser under this Agreemen�
16. Miscellaneous Provisions.
16.1 Survival. The representations, warranties, �covenants, indemnities and other
obligations of Seller set forth in this Agreement shall survive Closing and the delivery of the deed
by Seller.
16.2 Counteroarts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
16.3 Time of the Essence. Time is of the essence of this Agreement.
16.4 Attorneys' Fees. In the event of a dispute arising out of the interpretation or
enforcement of this Agreement, the prevailing party shall be entitled to reasonable attomeys' fees.
16.5 Entire A�eement; Amendment. This Agreement sets forth the entire agreement of
the parties as to the subject matter hereof and supersedes all prior discussions and understandi.ngs
between them. This Agreement may not be amended or rescinded in any manner except by an
instrument in writing signed by a duly authorized officer or representative of each pariy hereto.
16.6 Severabilitv. Should any of the provisions of this Agreement be found to be invalid,
illegal or unenforceable by any court of competent jurisdiction, such provision shall be stricken and
the remainder of this Agreement shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intenrion of the parties.
16.7 Norices. All notices or requests required or pernutted under this A�eemeat shall be
in writing; sha11 be personally delivered or sent by certified mail, retum receipt requested, postage
prepaid; shall be deemed given when so delivered or mailed, irrespective of whether such notice or
request is actually received by the addressee, and shall be sent to the parties at the addresses set
forth adjacent to their signatures below. Either party may change the address to which notices shall
be sent by norice to the other party.
16.8 Successors and A���s. This Agreement shall be binding upon, and inure to the
� benefit of, the parties hereto and their respective successors and assigns. Purchaser shall have the
absolute right to assign its rights and responsibilities under this Agreement to any entity in which
10
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, � ' . ;
Purchaser is she majority owner. The term"Purchaser" as used in tlus Agreement shall be dcemed
to include the assignee under any such permitted assignment.
16.9 Go� Forum. This Agreement shall be governed by, and construed and
enforced in accordance with,the laws of the Staie of Washington. Jurisdiction and exclusive venue
shall be in Kitsap Counry Superior Court.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
first above written.
SELLER: PURCHASERS:
C'ITY OF BREMERTON
By: �.,
ts: `7x,c,�,,,` RODNEY R. P
, � - >°�
LINDA J. PARR ✓
Address: Address:
c/o Parr Ford, Inc.
PO Box 399
Bremerton,WA 98337-0082
� 11
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FXFII�iTS
A Legal Description
B Drawing and Specifications for Stormwater Detention Facility
C Ford Brand Sign
D Mazda Brand Sign
E Stone Entrance Sign
F Electric Readerboard Sign
G Offramp Signs
H Oyster Bay Avenue Sign '
I Sign Location Map
J Landscaping Design
K Disclosure and Waiver Notice
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EXHIBIT A
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(1).+ Blocks,��14 ;� � 20 ;": 21 ,� _24 � 25���and�28�`--,��� Plat_=:of•°Bremerton=;::.,'-:�;::
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� :,�:_��; : : Page'`41�, Reco=ds"of. Kitsap�.County;" Washington�. � � -�
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��'�"�'�(2) : �Lo�t 22 , Block 28 ;�_ Plat of`.Bremerton� Heights; as�~per �
;_'.::; .;.:�_ _ . �- . . - � - .
;, . �� � : _ :� plat recorded in Volume�� 3� �� of Plats , Page �41 ,
� Records of Ki.tsap County, Washington;
. .,
Except that portion conveyed to the State of
Washington under Auditor' s File No. 991125 .
(3) Lots 12 and 23 , Block 25 , Plat of Bremerton
Heights , except that portion conveyed to the State
of Washington for highway purposes under Auditor' s
File No . 1000761 ; and except the north 10 feet of
said Lot 12 , as per plat recorded in Volume 3 of
Plats , Page 41 , Records of Kitsap County,
Washington. .
(4) Bremerton Heights (1203 Bayview) :
Lots 11 and 12 , Block 28 , Bremerton Heights ,
according to the Plat recorded in Volume 3 , Page
41;
Except that portion of above property taken for
State highway. `
Lot 23 , Block 28 , Bremerton Heights , according to
Plat recorded in Volume 3 , Page 41 , Records of
Kitsap County, Washington;
Except that portion of above property taken for
State highway.
Lot 24 , Block 28 , Bremerton Aeights , according to
Plat recorded in Volume 3 , Page 41 , Records of
� Kitsap County, Washington;
Except that portion of above property taken for
State highway.
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Apri128, 1998 �
PROPOSED SIGN �.00ATIONS
(A) 3- USED CAR SIGNS •
(B) 2- FORD BR.AND SIGNS
(C) 2- MAZDA BRAND SIGNS
(D) 1- ELECTRIC READERBOARD SIGN
(E) 4- DRNEWAY ENTRAIVCE SIGNS
(F) AUTOCENTER DIRECTIONAL SIGN
--=--- _�_._-- -- --_� _zou __-_----. - _--- " 1 I ''t \ _ / � ; '•. � � � :_::�) O Q•-
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PURCHASE AND SALE AGREEMENT
TffiS AGREEMENT is made and entered into this�day of S 998,by
and between the City of Bremerton, a municipal corporation (the "Seller") d Rodney R Parr
and Linda J. Parr,husband and wife (the "Purchaser").
L RECITAI.S
A. Seller is the owner of the Land and Improvements (as defined below) located in Kitsap
County, Washington.
B. Seller desires to sell and Purchaser desires to purchase the Land and Improvements upon
the terms and conditions hereinafter set forth for the intended purpose of the sale of new and
used automobiles and related repair and servicing.
II. AGREEiVIENT ,
NOW, THEREFORE, based upon the mutual considerarions set forth herein, Seller and
Purchaser agree as follows:
1. Definitions. For purposes of this Agreement: �
"Agreement" means this Agreement and all Exhibits and Schedules thereto, and
incorporates herein by reference, as if fully set forth, the City's Request for Proposals to Purchase
Municipal Property at State Highway 3 and Oyster Bay Avenue, and Buyer's Response submitted
March 2, 1998, less financial information provided by Buyer. In the event of a conflict between
provisions in the Request For Proposal, Response, or this Agreement, the terms of this A�eement
shall control.
"Closing" and the "Closing Date" have the respecrive meanings assi�ed thereto in Section
6.1 hereo f;
"Eamest Mone�'has the meaning assi�ed thereto in Section 5 hereof;
"Improvements" means all of the City'.s interest in improvements which the City has an
interes which are located on the Land;
"Land" means the land described in Exhibit"A"hereto;
"Permitted Exceptions" has the meaning assigned thereto in Section 7.3 hereof;
, "Purchase Price" has the meaning assigned thereto in Secrion 3.1 hereof;
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F�00000.09999'A 1269�01'.69 OOOOTAGREF11�,4TSl.NA Wt007
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"Property" means the Land and all Improvements, Seller's interest in any offsite easements,
covenants and other rights appurtenant to the Land;
"Title Company" shall be Land Title of Kitsap County; and
"Title Policy" has the meaning ascribed thereto in Secrion 10.5 hereof.
2. Contract of Sale. On the Closing Date, Seller shall sell the Property to Purchaser and
Purchaser shall purchase the Property from Seller, at the price and upon the terms and conditions
set forth in this Agreement.
3. Purchase Price: Pavment Terms.
3.1 Purchase Price. The purchase price (the "Purchase Price") to be paid for the
Property shall be One Million,Nine Hundred Ninety-Three Thousand,Three Hundred and Five and
60/100's Dollars ($1,993,305.60).
3.2 Pa,yment Terms. Purchaser shall pay the entire purchase price at closing. Purchaser
shall receive a credit against the purchase price as provided in paragraph 4.1 herein. �
4. Post Closing Performance. As a material inducement to Purchaser's execution of this
Agreement, Seller agees to perform the following post-closing obligarions:
4.1 Relocation of Existing tilitv L�nPc Vacation of ights of Way and Retenrion of
Easements. Seller shall, at Seller's sole expense, reroute from the right of way of"G" Street to the
former right of way for "H" street on the Property the sanitary sewer line. Upon rerouting the
� above identified sanitary sewer line, Seller shall cap and abandon the exisring sanitary sewer line in
"G" Street in compliance with all applicable law, and vacate the "G" Street right-of-way and all
easements in favor of the Seller therein to Purchaser, retaining as necessary easement rights for
� existing utility lines and utility lines to be relocated by the Seller pursuant to this paragraph. Upon
applicarion by Purchaser consistent with the terms of this A�eement, Seller shall further approve
and pernut Purchaser's relocarion, at Purchaser's sole expense, of the existing 1 S inch diameter
storm water line from the right of way of"E" Street on the Property to a new locarion under and
along existing Oyster Bay Avenue and tying into the existing storm water line witivn the right of
way of"C" Street, using comparable 18 inch pipe. This relocation shall be in accordance with City
design and construcrion standards prior to Ciry approval. Purchaser shall receive at closing a
$55,000.00 credit against the purchase price for undertaking the relocation of this storm water line.
4.2. �ffsite Stormwater Detenrion Pond. Seller shall approve the relocation of the
existing stormwater detenrion pond (the"Northpond") at the�1orth end of the Property (Parce1007-
00) into an offsite, Purchaser built and maintained combined detenrion facility (the "Combined
Pond") on Seller's adjacent property with stormwater improvements located as shown in Exhibit
"B". The Combined Pond will be sized to accommodate stormwater from the Northpond and
stormwater generated from the Property, with additional capacity to accommodate stormwater
generated by Seller from Seller's adjacent properiy,based upon the following:
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F.W0006-09999\01269�01269 OOOOTAGREEMEMSIMAHR007
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required permits and approvals from the State of Washington and any other authority necessary to
allow grading and landscaping at Purchaser's expense of three existing earthen mounds, in
accordance with the Grading and Landsca}�ing Plans attached in Exhibit "J." Seller shall further
use its best efforts to assist Purchaser, and Purchaser shall use its best efforts to obtain all required
pernuts and approvals from the State of Washington and any other authority to allow clearing,
grading and landscaping, with Purchaser's continuing maintenance of the berm located adjacent to
the Property in the right of way boundaries of State Route 3, in accordance with the Grading and
Landscaping Plan attached as Exhibit J.
4.5 SLnrival: Remedies;,�,�nctive Relief. The post-closing obligations imposed upon
Seller under this Section 4 shall survive closing. The parties agree that Seller's failure to use
absolutely all best efforts to complete Seller's post closing obligations could cause irreparable
damage to Purchaser. Consequently, Seller agrees that in Che event of Seller's failure to use
absolutely all best efforts and devote all available resources to the complerion of Seller's post
closing obligations under of this Agreement, Purchaser or Seller may, at its option, in addition to
any other remedies provided by law or otherwise, apply to any court of competent jurisdiction for
the entry of an immediate order to restrain or enjoin such failure or breach of said provisions and to
otherwise specifically enforce the provisions of this Agreement. Seller and Purchaser hereby _
expressly waive the claim or defense in any such action that Purchaser or Seller has an adequate
remedy at law or in damages. Notwithstanding the foregoing, Purchaser may, at Purchaser's option,
also sue to rescind the sale and recover damages, or exercise any other remedies available at law or
in equity.
4.6 Limitarion of Offsite Improvement Costs. Purchaser and Seller aclrnowledge that
proposed traffic improvements exist for the intersecrion of Oyster Bay Avenue and Werner Road
(the "Intersection Improvements'� identified in a Traffic Study dated March, 1997 (the "Tr�aFfic
Study"), prepared by Parametri.r, Inc. Purchaser recognizes that development of the Property will
impact the intersection and that construction of the Intersection Improvements (generally including
street widening, tum lanes, signalization, street lighting, sidewalks and drainage) will benefit the
Property. Purchaser further aclrnowledges that the City is developing improvements to the Wemer
road corridor including the Intersection Improvements based upon certain "interim improvements"
identified in the Traffic Study. Seller agrees that Purchaser's future prorated share of the
Intersection Improvement's costs shall not exceed 4.0%. Purchaser agrees that payment of the
prorated Intersection Improvement costs shall be due upon either 1) approval of the first building
pemut for development of the Property, or 2) within 30 days of award of a public works contract
for construction of the Intersection Improvements, whichever occurs first unless a mutually
agreeable altemative is agreed to in writin�.
This section in no way limits or modifies the Buyer's responsibilities for any other on-site
or off-site improvements costs associated with development of the Property pursuant to Ordinances
and Policies.
5. Earnest Monev. Upon joint execurion of this Agreement by both Seller and
Purchaser, Purchaser shall deliver to Closer (as defined in paragraph 6) a check payable to the
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F�D0000-09999�01269101_69 OOOOTAGREE.�NTS1MAFflt007 .
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order of Seller, in the amount of Ten Thousand and no/100's Dollars ($10,000) (the "Earnest
Money"). Such payment shall be credited against the Purchase Price at Closing.
6. loc' g; DeLiveries at Closing.
6.1 Time and Place. The closing of the transactions contemplated by this Agreement
(the "Closing") shall occur no later than 30 days following joint execution of this Agreement (the
actual date of Closing being referred to herein as the "Closing Date"). Closing shall take place
through an escrow at the offices of Land Title of Kitsap County(the"Close�').
6.2 Seller's Deliveries at Closine. At Closing, Seller shall deliver to Purchaser the
following items:
(a) a statutory warranty deed complying with RCW 64.04.030, conveying the
Property free and cleaz except for the Permitted Exceptions;
(b) any necessary resolutions or authorizations of Seller authorizing the sale of
the Property to Purchaser and the execution and delivery of the deed and all other documents and
instruments to be executed by Seller pursuant to this Agreement; and
6.3 Purchaser's Deliveries at ClosinQ. At Closing, Purchaser shall deliver to Seller the
Purchase Price, and any documents required by this Agreement to be delivered by Purchaser.
6.4 Possession. Purchaser shall be enritled to full and complete possession of the
Property at Closing. ,
6.5 prorations. At Closing the following items shall be prorated between the Seller and
Purchaser as of 12:01 A.M. on the date of Closing, and the Purchase Price shall be adjusted i
accordingly:
(a) real estate taxes; and
(b) charges for water, sewer, steam, �as, electricity and other urility services and
cable television services, if any, on the basis of the fiscal period for which assessed or chazged,
except that if any of such utility services are metered, apportionment at Closing shall be based on
the last available reading, subject to adjustment after Closing when the next reading is available;
6.6 Closing Costs. Seller shall pay the real estate excise tax and sales tax applicable to
the sale of the Real Property and the Personal Property and the conveyance of title to Purchaser, the
premium for the Title Policy and one-half of the escrow fees. Purchaser shall pay one-half of the
escrow fees. Each party shall bear its own attomeys' fees.
6.7 Demolition. Prior to Closing, Seller shall demolish and clear all existing structures
and debris located on tax parcel no. 4502-028-011-0003, address 1203 Bayview Drive, Bremerton,
Washington 98312. Purchaser agrees to accept the Property at closing with the existing structure in
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place at tax parcel number 45Q2-021-001-0000, address 904 Oyster Bay Avenue, Bremerton
Washington 98312, and accepts the structure located thereon in"AS IS"conditioa
7. Title Examinadon.
7.1 Title Reoort. As soon as possible, and in any event within twenty-one (21) calendar
da.ys after this Agreement has been executed by both Seller and Purchaser, Seller shall obtain from
the Title Company a current preliminary commitment for an ALTA standard coverage owner's
policy of title insurance(the "Title Regort") covering the Property (showing Seller as the owner of
the Properly) and a copy of all instcuments referred to in said Title Report. The Title Report and
instruments shall be delivered to Purchaser by Seller immediately upon receipt.
7.2 Pu�hase�'s Review. Purchaser shall have twenty (20) days (the "Review Period'�
after its receipt of the Title Report to give notice to Seller of its approval of any exceptions listed on
the Title Report. Exceptions specifically a�proved by Purchaser shall be deemed to be Pernutted
Exceptions (as that term is defined in Section 7.3). All exceptions as to which Purchaser does not
give notice of approval within the Review Period shall be deemed to have been rejected by
Purchaser. If Seller does not, within ten (10) days after the expiration of the Review Period, gi.ve
notice to Purchaser that Seller shall prior to closing remove all exceptions rejected by Purchaser
(exceptions evidencing or securing liquidated obligations to pay money which Purchaser is entitled
to remove at Closing pursuant to Section 7.3 hereo�, then this Agreement shall automarically be
terminated and Seller or Closer, as the case may be, shall immediately retum the Eamest Money to
Purchaser.
7.3 Condirion of Title at Ctosina. Seller shall convey and Purchaser shall accept a good
and marketable ritle in fee simple, free and clear of all liens and encumbrances, easements,
restrictions, conditions, covenants, rights, rights-of-way, and other matters, subject only to the
following ("Pernutted Exceptions"): (a) the rights and reservations expressed in the U.S. Patent to
the Land; (b) the Iien of current real estate taxes not yet due and payable; (c) usual and ordinary
public urility easements for gas, electric, water, sewer, cable television and other utility lines,
except to the extent Purchaser in its reasonable judgment determines such easements to be
inconsistent with the Purchaser's proposed use of the Property and except any sucn utility
easements or utility Iines Iocated with the identified rights of way of"E" Street and "G" Street; (d)
zoning regularions and ordinances general to the district in which the Property is located which aze
not violated by the present use or Purchaser's proposed use of the Property; (e) the disclosure,
waiver and release form attached hereto as Exhibit "K", and (� such other title esceptions as may
be approved by Purchaser in accordance with Secrion 7.2. In the event ttiat Seller shall have failed
as of Closing to remove any ritle exception, other than a Pernutted Exceprion, evidencing or
securing a liquidated obiigation to pay money, Purchaser may elect to terminate this agreement
8. Seller's Representations and Warranties. Seller represents and warrants to Purchaser as
follows:
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F\00000-09�J99�01269�01269 OOOOTAGREEMEIJ7SIMAFUt007
8.1 �. Seller has the power to own all of its properties and assets and to carry
on its business as presently conducted. The execution, delivery and performance of this Agreement
has been duly and validly authorized by all necessary action of Seller and this Agreement is a valid
and binding obligation of Seller, enforceable against Seller in accordance with its tenns.
8.2 �. To the best of Sellei's lrnowledge, there aze no liens, encumbrances, leases,
security interests, easements, rights-of-way, chazges, adverse claims, management agreements,
continuing contracts or other exceptions to title affecting title to the Property other than those
itemized in paragraph 7.3 herein.
8.3 L�Io Defaults in Other Ageements. Neither Seller nor (to the best of Selle�s
lrnowledge) any other party is in default under any agreement affecting the Property, and no event
exists which, with the passage of time or the giving of nohce or both, will become a default
thereunder on the part of Seller or(to the best of Selle�'s lrnowledge) any other party thereto.
8.4 Compliance with Laws. Seller has no notice or knowledge that the Property or its
operarion or use has failed to comply with any law, ordinance, regulation or order.
8.5 Physical Condition. Seller has no lrnowledge of any structural defects in the
improvements comprising any portion of the Property.
8.6 Environmental Comnliance. To the best of Seller's lrnowledge after due and diligent
inquiry, no Hazazdous Materials (as hereafter defined) are located on or about the Property.
Further, to the best of Seller's l�owledge (i) the Property has not been previously used for the
storage, manufacture or disposal of Hazardous Materials; (ii) no complaint, order, citation or notice
with regard to air emissions, water discharges, noise emissions or Hazardous Materials, or any
other environmental health or safety matters affecting the Propert}r, or any portion thereof, &om any
person, govemmental authority or other enrity, has been issued to Seller or, to the best of Seller's
knowledge, after due and diligent inquiry, its predecessor-in-interest or any tenant on the Property
except for issues relating to the Metcalf and Eddy litigation; (iii) there are no underground storage
tanks located on the Property; (iv) Seller has complied with all federal, state and local
environmental laws and regulations affecting the Property; and (v) to the best of Selle�s '
knowledge, no tenant located on the Property uses, manufactures or stores Hazardous Materials on
the Property in violation of law.
"Hazardous Materials" means any item included in the definition of hazazdous or toxic
waste, materials or substances under any present local, state and federal law relating to the
environment and environmental condirions.
8.7 Zon�. The Property is currently zoned and will remain after closing to be zoned
for Purchaser's intended use of the Property for retail sales of new and used automobiles and
related services.
9. �eller's Covenants. From and after the date of this Agreement and continuing through
Closing, Seller agrees with Purchaser as follows:
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F�\00000-09999�OI'.6T01?b9 000071AGREEMENTSIMAHR007
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9.1 Risk of Loss. Seller shall retain the risk of loss to the Properiy by fire or other
casualty unril the deed of conveyance is delivered to Purchaser. If a loss occurs, Purchaser may
elect to proceed with Closing, in which event Seller shall assign to Purchaser all of Seller's rights to
insurance proceeds payable in respect of such loss, including the sole right to settle or approve the
settlement of any insurance claim, and the Purchase Price shall be reduced by the amount of any
deductible and by the amount of any proceeds paid to Seller that are not used for repair and
restorarion of the Property in a manner approved by Purchaser. Purchaser shall have twenty (20)
days after notice of the event to notify Seller as to whether Purchaser elects to proceed with
Closing. During such 20-day period, Seller shall cooperate and use its best efforts to provide
Purchaser with all information reasonably necessary to evaluate the loss.
9.2 E inent Dom in. If all or any part of the Property is condemned or if
condemnarion proceedings are instituted, Purchaser may elect to proceed with Closing without an
adjustrnent in price, in which event Seller shall assign to Purchaser all its rights to the
condemnarion proceeds, including the sole right to settle or approve the settlement of any
condemnation award. Purchaser shall have twenty (20) days after notice of the institution of
condemnation proceedings to notify Seller as to whether Purchaser elects to proceed with Closing.
During such 20-day period, Seller shall cooperate and use its best efforts to provide Purchaser with
all information reasonably necessary to evaivate the scope of the condemnahon proceedings.
93 R�resentations and Warranties at Closin�. Seller sha11 use its best efforts to ensure
that the representations and warranties of Seller contained in this Agreement are true and correct as
of Closing. Seller shall promptly notify Purchaser if any of such representations and warranries
become untrue or incorrect prior to Closing.
10. Conditions to Purchaser's Obligation to Close. In addirion to any contingencies listed in
Section 6 above, the obligation of Purchaser to close hereunder shall be subject to the sarisfaction of
the following condirions (all or any of which may be waived, in whole or in part by Purchaser in
writing): �
10.1 R�presentarions and Warranties True at Closing. The representations and
warranties made by Seller in this Agreement shall be true in all material respects as of Closing with
the same force and effect as though such representations and warranties had been made or�iven on
and as of the date of Closing.
10.2 Com�liance with A�eement. Seller shall have performed and complied with all its
obligarions under this Agreement which are to be performed or complied with by it prior to or at
Closing.
10.3 No Damage to Prope�tX. The physical condirion of the Property shall be as required
by this Agreement.
10.4 �.lg. Title to the Land and Improvements shall be good and marketable in fact and
of record, subject only to the Pernutted Exceprions.
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F 100000.09999\0126T01269 OOOOTAGREEMEIJTSIlNAtflt007
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10.5 Titl� The Title Company shall be irrevocably committed to issue to
Purchaser an ALTA standard coverage owne�s policy of title in�,rance, with sucfi reinsurance as
Purchaser may reasonably request, in an amount not less than the Purchase Price, insuring
Purchase�s good, marketable and indefeasible tide to the Real Property in fee simple absolute,
subject only to the Perm.itted Exceptions and standard printed exceprions contained in the ALTA
standard coverage owne�s policy form(the"Title Policy").
10.6 No Condemnation. There shall be no pending or threatened condemnation or taldng
of any part of the Real Property or any means of ingress or egress thereto, other than a m.inor street
widening, or other immaterial taldng, which, in Purchaser's judgment, does not adversely affect the
Real Property.
11. Conditions to Seller's Obligadon to Close. The obligation of Seller to close hereunder
shall be subject to sarisfaction of the following conditions (all or any of which may be waived, in
whole or in part,by Seller in writing):
11.1 Rgpresentations and Warranties True at Closing. The representations and .
warranties made by Purchaser in this Agreement shall be true in all material respects as of Closing
with the same force and effect as though such representations and warranties had been made or
given on and as of the date of the closing.
11.2 Compliance with Aareement. Purchaser shall have performed and complied in all
material respects with all its obligations under this Agreement which are to be performed or
complied with by it prior to or at Closing.
12. Broker/Consultant. Seller represents to Purchaser that Seller has engaged Pollock &
Company as consultant in connection with this transacrion, and that Seller is solely responsible for
all fees associated with the services of Pollock and Company as consultant. Seller and Purchaser
jointly represent to each other that neither has enga�ed the services of a real estate agent or broker
in this transaction to whom any real estate commission might be due.
13. Failure of Seller or Purchaser to Perform.
13.1 Purchaser's Remedies. If Seller shall default in the performance of its obligarion
under this Agreement to sell the Property to Purchaser, then Purchaser shall have the right to either
(i) institute an acrion for all damages suffered by Purchaser, including without limitarion, the loss of
its bargain, or (ii) institute an action for specific performance to enforce Seller's obligation under
this Agreement to convey ritle to the Property and for incidental damages.
13.2 Selle�'s Remedies. If Purchaser shall default in the performance of its obligation
under this Agreement to purchase the Property from Seller, then Seller shall have the right to retain
the Earnest Money as liquidated damages for all damages suffered by Seller, including without
limitarion, the loss of its bargain,which shall be Seller's sole and exclusive remedy.
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14. Terminallon. This Agreement may be ternunated only by the mutual written consent of
the parties. In the event of such termination, all obligations of the parties to each other shall
terminate and the Eamest�Money Note shall promptly be returned to Purchaser.
15. Indemnification. Seller and Purchaser agree to indemnify each other and hold each other
harmless against and in respect of any loss,damage, liability, deficiency, cost or expense(including '
reasonable attorneys' fees), whether direct, contingent or consequential, which Purchaser or Seller
may sustain or incur as the result of any misrepresentation,breach of warranty or non-fulfillment of
any covenant or agreement on the part of Seller or Purchaser under this Agreement.
16. Miscellaneous Provisions.
16.1 Survival. The representarions, wairanties, �covenants, indemnities and other
obligations of Seller set_forth in ttus Agreemeat shall survive Closing and the delivery of the deed
by Seller.
16.2 S'o�unteroarts. This Agreement may be executed in two or more counterparts, each
of which shall be deemed an original, but all of which together shall consritute one and the same
instrument.
16.3 Time of the Essence. Time is of the essence of this Agreement.
16.4 Attomeys' Fees. In the event of a dispute arising out of the interpretarion or
enforcement of this Agreement,the prevailing party shall be enritled to reasonable attorneys' fees.
16.5 Entire AQreement; Amendment. This Agreement sets forth the entire agreement of
the parties as to the subject matter hereof and supersedes all prior discussions and understandings
between them. This Agreement may not be amended or rescinded in any manner except by an
instrument in writing signed by a duly authorized officer or representarive of each pariy hereto.
16.6 Severabilitv. Should any of the provisions of this Agreement be found to be invalid,
illegal or unenforceable by any court of competent jurisdicrion, such provision shall be stricken and
the remainder of this Agreement shall nonetheless remain in full force and effect unless striking
such provision shall materially alter the intention of the parties.
16.7 Norices. All norices or requests required or permitted under this A�eement shall be
in writing; shall be personally delivered or sent by certified mail, retum receipt requested, postage
prepaid; shall be deemed given when so delivered or mailed, irrespecrive of whether such notice or
request is actually received by the addressee, and shall be sent to the parties at the addresses set
forth adjacent to their signatures below. Either party may change the address to which notices shall
be sent by notice to the other party.
16.8 Successors and Assi�. This Ageement shall be binding upon, and inure to the
benefit of, the parties hereto and ttieir respective successors and assigns. Purchaser shall have the
absolute right to assign its rights and responsibilities under this Agreement to any entiry in which
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F��OOOOQ09999�OI26910 1 2 6 9 OOOOTAGREENFNTSIMA Wt007
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Purchaser is the majority owner. The term "Punchaser" as used in this Agreement shall be deemed
to include the assignee under any such permitted assignment.
16.9 Governing Fonzm. This Agreement shall be governed by, aad construed and
enforced in accordance with,the laws of the State of Washington. Jurisdiction and exclusive venue
shall be in Kitsap County Superior Court.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date
first above written.
SELLER: PURCHASERS:
CTTY OF BREMERTON
By: �,.,
ts: `7x-+c.� � RODNEY R. P
- �G�
LINDA J. PARR
Address: Address:
c/o Parr Ford, Inc.
PO Box 399
Bremerton, WA 98337-0082
11
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LI�T OF E��3ITS�Ni� 4 .D Ti F4
FX�IT� �
A Legal Description
B Drawing and Specifications for Stormwater Detention Facility
C Ford Brand Sign
D Mazda Brand Sign
E Stone Entrance Sign
F Electric Readerboard Sign .
G Offramp Signs
H Oyster Bay Avenue Sign '
I Sign Location Map
. J Landscaping Design
K Disclosure and Waiver Notice
12
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(1)�Blocks���14 ;�:r20 ;�= 21;� _24�, � 25.. and��28=� Plat'�:of�Bremerton;,�=-V���
^ 4"•'•?f'-r:y:1,_:-. ,.,�..v� a�f•.. _. . . , �.•�• 'i;:;:-., <�t'• q:— �r.:..::•.
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�,�� ��:_ g ,� p p_ d�>>in�,�yolume �3 . of. Plats,. - .',�
� i�,,.: ;�; .. ;.,�„ - -��--� �:r A,�
;i r�'"�3 .r :. .�._,;� _ ,�.:. ,:� ..� . ... • _ _ . .: . :..... ,.. -• �i�. ,.. . . •"•.�� - _ .._ - .: -
,- ';-: Paqe'`41�, : Records' of, Kitsap".County, " Washington. � �
-�,y}�ti::. .'G,.i�: ._ -a: . _ „�. •,f :. _ ,,, . , •
':',���",�.z;; Y-:c . . ' . ' • ' • - ��. .'- . • • �I•�_ . ' - . .
�•;�,� _ .�:.�s� .. ' •.., �,..� .`� ; .. . . . . _,'. ,,:= ��'- .. r, _:,:•' _' . "- '`' . _ .-,Y . ,
��'����� (2)��. �Lot 22, Block 28 ;� Plat of��Breinerton Heights ,' as� per �
:;'•:: ..,:,.. . . . . . ., _. .
;, .� � � , _ :• plat recorded in Volume 3� `- of Plats , Page �41 ,
� � Records of Kitsap County, Washington;
� :,
Except that portion conveyed to the State of
Washington under Auditor' s File No . 991125 .
(3) Lots 12 and 23 , Block 25 , Plat of Bremerton
Heights , except that portion conveyed to the State
of Washington for highway purposes under Auditor' s
File No. 1000761 ; and except the north 10 feet of
said Lot 12 , as per plat recorded in Volume 3 of
Plats , Page 41 , Records of Kitsap County,
Washington. �
(4) Bremerton Heights (1203 Bayview) :
Lots 11 and 12 , Block 28 , Bremerton Heights ,
according to the Plat recorded in Volume 3 , Page
41;
Except that portion of above property taken for
State highway. '
Lot 23 , Block 28 , Bremerton Heights , according to
Plat recorded in Volume 3 , Page 41 , Records of
Kitsap County, Washington;
Except that portion of above property taken for
State highway.
Lot 24 , Block 28 , Bremerton Heights , according to
Plat recorded in Volume 3 , Page 41 , Records of
Kitsap County, Washington;
Except that portion of above property taken for
State highway.
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MAR 38 '9A 10�4E,AM FWr50N SIGN CO INC � P.4
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�'q fHf hGNOl�6N q�!�ROfl4i�Oi HAIAON�6NtMC.�10 NOI i01!0l�RODIIClD N A�T WArM11THOVf rENMW�ON O�IR/VIs1l��1 SK!
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EXHIBIT ^I»
, .__ ' . .
4.2.1. �acip�. The Combined Pond will have an estimated capacity of 80,000
cubic feet of storage, subject to final design review.
4.2.2. Release Rates. The Combined Pond release rates are based on existing storm
water runoff for the previous residential developmeat on the Property. Taking into account that
previous runoff, the estimated storm event release rates shall apply:
Storm Event Release Rate
2 year, 24 hour 4.3 cfs
10 year, 24 hour 6.9 cfs
100 year, 24 hour 10.7 cfs
4.3 �g�e��val. Upon a _ n--by--Purchaser consis with the terms of this
Agreemen� Seller shall approve- � ermit onsite signage at the Property as�escribed below and
in Exhibits C through G..:��'�
�'� �
� �!�s�l� Exhibit
,= '�
�� 2 Ford Brand Sign C
%� 2 Mazda Brand Sign D �
% 4 Stone Entrance Sign E
� 1 Electric Readerboard Sign F
',,
� 3 Used Car Superstore Signs G
' ' �adjacent to southbound onrarnps
`; adjacent to State Route 3
;�
��
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on application by Purchaser consistent wi terms of this Agreement, Seller shall
further pernu obtain all necessary ap ro or the following offsite sign described in Exhibit
"H"herein, located as s it"P':
iantiri Descriprion Exhibit
1 Auto Center Directional Sign at the H
NW comer of Auto Center Way
and Loxie-Eagan
Approval of the above described signs and locations is subject only to site plan approval
relating solely to public safety issues relative to the physical location of signs. The City does not
represent compliance with requirements of other jurisdictions, including appeal of City decisions
4.4 Relocation of Earthen Mounds/Grading and Maintenance of Freeway Berm. Seller
shall use its best efforts to assist Purchaser, and Purchaser shall use its best efforts to obtain all
3
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EXHIBIT "J" i
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� EXHIBIT K
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" 07/14/1Q99 17:16 :•6C�4785161 PREMERTON �EGAL DEFT Pc;�;E t�-�
•� .
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DYSCLOSUR�, WA►Ii�R AND RELEASE
Buyer takra th� Prop�ttys �
�obj�ct ta�the CEty of Br�merton's op��sttion of the Wa�te WAter Tre�tment Piant
(WW'Y'p) toc�ted In the vi�inity of th� Property, Buy�r i� owAre, and
Rc�owted�a, th�t the p��t op�ration� ottf�e V�VWTP reaulted �n lnwsu�ts f�ad by
n�i�hbont llvla� oo properties on or near the �tib�ect property. Buyer, itR
/uC�lsO!"� ��d �/s�l1f, hereby watvei sad reIe�+res tho Ctty, tts employea, AQ�nts
•nd coatrtctors or othtra� actlnQ !n tbe lawful oper�tioo�of tbe WWTP, Collection
�y�t�m �nd Utlllty� from 4ny cialtati dt�ms�es or it�bi[ity of �tny nature arlaing
l�om �tid oper4tions, wh�ther�4id claims are for actdon� �n the piut or occurrinQ
in tb� fi�ture. �
�
EXHIBIT A
Tax Assessor's Parcel Numbers
Tex Accouc�C No �502•O11•00�-0009.
Tax Account No ,C502-01<-010-OOOo.
Tax ACCounC No. �50�-019•010-O30J,
Tax Accoun[ No �$02•014-010-0202,
Tax Account No �502•O1�•011-000),
Tax ACCount No �502•01��O1Z•000�
Tax ACCount No �502-OI•1-012-0307
Tax Account No. ��502-020-001-OOOZ
Tax Account No. :�502•020•00]-0000
Tax Account No :1502-020•007•0006
� Tax accoune No •e507-070-009-OOOC
Tax Aecoun� No :�502•020-029•0001
� Tax Accounc No. .�50]•020-030-0106
Tax Account No. :�502-020•032-0005
'Cex Account No :�502-020-035-000�
Tax nccount No. •asoz-o21•00l-0000
Tex Acr_ounC No •9502-021-003•0009
Tnx Acco��n[ No •{502-021•005-00;5
Tax Account No :4502-021-006•0005
'fax Account No •1502-021•009-0003
Tax Account No :�SOZ•021-028-0009
Tex Accounc No •�502-021•031-0001
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