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HomeMy WebLinkAbout4451 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4451 KITSAP TRANSIT/OPUS NW LLC Parking Garage - Conference Center Admin Svcs LEG 12-1 08/20/2004 03/25/2009 02/15/2011 01/01/2011 Superceded by #4815 Conference Center Parking Garage Agreement This Parking Garage Agreement (this "Agreement") is entered into this ~ day of F/~-~c~)' , 2003, between the City of Bremerton, a municipal corporation, Kitsap-Tran~it, a municipal corporation, and Opus Northwest, L.L.C., a Delaware limited liability company. The City of Bremerton, as lead agency, Kitsap Transit, as project partner, and Opus Northwest, L.L.C., as design~developer have entered into a design build contract dated the 15th day of November, 2002, to construct a Conference Center facility (the "Project") between First Street and Second Street, East of Washington Avenue to the water in Bremerton, Washington. The Project includes a parking garage, a conference center for 650 attendees, an approximately 110-room hotel, an approximately 4500 sq. ft. restaurant, 8000 sq. ft. of retail space and two floors (36,000 sq. ft.) of office space. The City of Bremerton and Kitsap Transit are the owners, respectively, of the seven properties that jointly combine the site for the Conference Center Project. Attachment A is the legal description for the Project. It is anticipated that prior to completion of the Project, the property land ownerships will be reconfigured. At such time the reconfigured legal descriptions shall be attached hereto as Attachment A. Pursuant to the Design Build Contract, the Hotel Pad sales agreement dated December 11, 2002, and the Restaurant Pad sales agreement dated December 16, 2002, the City of Bremerton and Kitsap Transit are selling to Opus Northwest, L.L.C. two pads and air space (the "Hotel Pad and Air-Space" and the "Restaurant Pad and Air-Space", respectively, and together called the "Pads") to construct the hotel and the restaurant. The parking garage (the "Garage") consists of three floors and 518 (±) parking spaces. Drawings of the Garage are attached hereto as Attachment B. The parking area covered by this Agreement excludes the Kitsap Transit HOV parking spaces as currently located and configured on the boardwalk passenger vehicle holding area level. The parking area covered by this Agreement includes the loading/unloading area for garbage and the freight elevator and the electrical transformer and cable room. In connection with the development, construction, ownership and operation of the Conference Center Project, the City of Bremerton and Kitsap Transit have agreed to make available, for the benefit of Opus Northwest L.L.C. and/or its assigns, as owner of the Pads, parking spaces in the Garage for the use of customers/guests of the hotel and restaurant and the use of the loading/unloading area for garbage, the freight elevator and ' the electrical transformer and cable room. The City of Bremerton, Kitsap Transit and Opus Northwest, L.L.C. desire to set forth herein their agreement with respect to parking rights and the terms and conditions for the use and enjoyment thereof. Now, therefore, the parties agree as follows: Page 1 of 19 I. Contract Duration - Parking rights, privileges and responsibilities shall commence upon the signing of this agreement and shall continue perpetually for so long as, and during any period in which the Garage, hotel and restaurant, respectively, are located on the Project property, and during any time while the Garage, hotel and/or restaurant are being repaired, restored or rebuilt. However, the right to physical use of the parking spaces shall not commence until the parking structure is completed and certificates of occupancy are issued, respectively, for the hotel and the restaurant. 2. Kitsan Transit Parking Spac~ - a. Kitsap Transit will purchase and own a total of 116.5± parking spaces in the Garage, all on Level 1. b. Forty four (44) ofKitsap Transit's seventy five (75) dedicated spaces shall be located on level one under the existing Transit Center deck as reflected on Attachment B. c. Kitsap Transit shall have seventy five (75) dedicated and designated parking spaces. d. The remaining forty-one and one-half(415) Kitsap Transit parking spaces shall not be dedicated or assigned and shall be incorporated in the Level 1 e. general public parking area and parking pool. Kitsap Transit shall be entitled monthly to receipt of(or pay) 8% of the net income or loss from the general public parking pool revenue, after payment of the monthly operating expenses as herein provided (excluding debt service), excepting as provided for in section 4(d). f. Additionally, Kitsap Transit shall pay the City a monthly fee for maintenance and operation of the 75 dedicated spaces. The monthly rate shall be agreed upon between both parties prior to the opening of the parking garage, and on or before January 1 of each succeeding year thereafter. In no event shall such maintenance and operation cost exceed 14% of the average total monthly maintenance and operating costs for the parking garage. 3. C. Ciit¥ of Bremerton Parking Spaces - a. The City of Bremerton shall own the remaining 401.5 (±) general public parking spaces, subject to the rights, terms, limitations and conditions described below b. The City of Bremerton shall be entitled to receipt of (or pay) 92% of the net income or loss from the general public parking pool revenue, after payment of the monthly operating expenses as herein provided, including debt service. 4. Level 1 Parking a. Level 1 parking includes the following: · 200 parking stalls ±. Page 2 of 19 '" · 83.5 ± City owned spaces. · 116.5 4- Kitsap Transit owned spaces including the 75 dedicated spaces. · Undedicated parking for the hotel and the restaurant as provided for herein. b. The 83.5 City owned parking spaces and 46:~ non-dedicated Kitsap Transit spaces will be pooled for hourly parking, subject to the hotel and restaurant use provisions and restrictions provided for herein. c. Kitsap Transit agrees that a total of 71.5 of it's spaces (dedicated and non- dedicated) will be available weekday nights from 5:30 pm to 6:00 am and all day Saturday and Sunday for hotel, restaurant and City of Bremerton/Kitsap Transit pool hourly parking usage. The additional Kitsap Transit parking spaces shall be the most northerly Kitsap dedicated spaces on Level 1, unless otherwise agreed upon between the City and Kitsap Transit. d. Net revenue and or loss for the pool parking spaces provided for in section 4(e) will be divided between the City and Kitsap Transit prorated based on the revenue received during the hours and days the respective parking spaces are available and within pool usage. 5. Parking Management- a. The City of Bremerton shall be responsible for overall management, operation, maintenance and control of the garage. b. The City of Bremerton, upon the written approval of Kitsap Transit, may enter into a third party subcontract for the management, operation and maintenance of the garage, which approval shall not be unreasonably withheld. c. The City may directly manage and operate the garage with an agreed management / operation fee of 20% of the gross revenues received from the general public parking spaces. Said percentage shall be reviewed ahnually effective the first day of each calendar year. d. The City shall be responsible for maintaining books and records for all revenue and expenditures, regarding the garage. Said records shall be available for review and inspection by Kitsap Transit during all normal business days and working hours (8 am to 5 pm). 6. Conference Center Parking - a. There shall be available within the general public parking area on Levels 2 and/or 3, one hundred fifty (150) parking spaces associated with the events held in the Conference Center. b. The parking spaces associated with the Conference Center will be in the general public parking areas on Levels 2 and 3 as shown on Attachment B and shall not be dedicated spaces. c. Conference event sponsorship shall have the right, through the parking management, to reserve up to a combined one hundred fifty (150) parking spaces for any single or multiple events running concurrently. Page 3 of 19 d. The City of Bremerton, in its sole discretion, may reserve additional parking spaces, exceeding the 150 associated spaces, for Conference Center events. e. Sponsors for events who reserve parking as herein provided shall be responsible for and shall pay for reserved parking at the general public parking established rates. f. At no time shall more than 300 parking spaces be reserved for Conference Center events without the express event and parking reservation approval from the hotel operator. 7. Hotel Parking - a. There shall be seventy five (75) parking spaces available nightly for overnight parking for hotel guests. b. The parking spaces shall be located on Parking Level 1 as shown on Attachment B, The spaces shall not be dedicated spaces. c. The daily cost for rental of each parking space, up to a maximum daily 75 spaces, shall be based upon the hotel average nightly rate for occupied rooms. For the first year from the date of issuance of the hotel operations occupancy permit, parking shall be free. Thereafter, in the second year, the hotel owner shall pay .5% of the hotel average nightly rate for occupied rooms, 1% in the third year and 1.5% for all succeeding years. 8. Restaurant Parking - a. The restaurant operator shall be entitled to the use of up to 80 parking spaces at any one time, for customers. Any use of parking spaces in excess of 80 parking spaces at any one time shall be paid for at the general public parking rate. b. Restaurant parking spaces shall be on Parking Level 1 as reflected on Attachment B. Said parking spaces shall not be designated or assigned. 9. Executive Parking Spaces - Subject to the rights of the owners/operators of the hotel and restaurant as set forth above, any party may lease spaces in the garage which is located in a designated area within the garage available to such user specifically set aside for said Executive Parking Stall user on a reserved, designated basis and which will be available to such user on a 24 hour basis. Said parking spaces shall be leased at a monthly rental basis as established by the City of Bremerton. 10. Use of Loading/Unloading Area - The owner(s) of the Pads shall have the right to use the garbage loading/unloading areas, the freight elevator and the electrical transformer and cable room as shown on Attachment B. 11. Maintenance of Garage - The City of Bremerton agrees to continuously maintain and operate the garage in a first class manner and state of repair. The City of Bremerton may from, time to time, temporarily close portions of the garage for Page 4 of 19 maintenance and repair purposes, but the City of Bremerton will use all reasonable efforts to conduct routine repairs and maintenance so as to not disrupt the full use of the garage. In the event of major damage or casualty to the garage which prohibits the use of the parking spaces as provided herein, the City of Bremerton will use all reasonable efforts to promptly repair such damage or casualty and restore the garage improvements to substantially the same condition (including appearance, configuration, layout and structural aspects) as existed immediately prior to such damage or destruction. 12. Default - In the event the restaurant owner and/or hotel owner, respectively, fails to make payments when due hereunder or to perform any other obligation hereunder and such failure continues for a period of thirty (30) days after written notice of such failure from the City of Bremerton (which, with respect to non- monetary failures, shall also specify the steps required to cure the failure), restaurant owner and/or hotel owner shall be in default hereunder, provided that if any non-monetary default requires more than thirty (30) days to cure, the restaurant owner and/or hotel owner, respectively, shall not be deemed to be in default if it commences the cure within such period and diligently pursues such cure to completion. Upon such default, the City of Bremerton may seek any and all remedies available by law or in equity, including an action for damages to collect any unpaid amounts plus interest thereon. Notwithstanding the foregoing, the City of Bremerton shall not have the right to terminate this Agreement due to any default. In the event the City of Bremerton fails to perform any obligation hereunder and such failure continues for a period of thirty (30) days after written notice of such failure from the hotel owner, the restaurant owner and/or Kitsap Transit (which notice shall specify the steps required to cure such failure), The City of Bremerton shall be in default hereunder, provided that if any non-monetary default requires more than thirty (30) days to cure, the City of Bremerton shall not be deemed to be in default if it commences the cure within such period and diligently pursues such cure to completion. Upon such default, the party giving notice of default shall be entitled to any and all remedies available in law or in equity, including an injunction or specific performance in order to obtain the benefit of the parking rights set forth in or arising out of this Agreement. 13. Protection of Lenders - The notices required to be given to the hotel owner and/or the restaurant owner pursuant to Section 12 above shall not be deemed to be effective unless such notice is also given to any lender who has a security interest in the Project and who has given the City of Bremerton written notice of its right to receive such notices and the address to which such notices should be sent. Any lender who has a security interest in the Project and who has provided such notice to the City of Bremerton shall also be authorized to cure any nonpayment or other default within the applicable cure period, and the City of Bremerton agrees to accept such payment or other cure directly from such lender. Notices required to be given to the City of Bremerton by any other lender may be sent to the address for notices set forth in Section 19 hereof. Page 5 of 19 14. Binding Effect - The terms set forth in this Agreement shall be continuing covenants running with the land. Such covenants shall be binding upon, and inure for the benefit of the parties hereto and their respective successors and assigns. Notwithstanding the foregoing, the hotel owner and/or restaurant owner shall not have personal liability hereunder except with respect to the obligations which have accrued during such time as such owner owns the restaurant and hotel. 15. Term - Unless this Agreement is earlier terminated by written agreement of the parties, the term of this Agreement shall continue until the Project is voluntarily demolished or is substantially damaged or destroyed under circumstances in which the then respective owners of the Project do not commence to repair or rebuild such buildings within two (2) years of such damage or destruction. Nonuse of the full parking rights granted hereunder by the restaurant owner and/or hotel owner shall not constitute a termination or abandonment of this Agreement or the rights of the owners hereunder. The two (2) year period referred to above shall be subject to and extended by any period of delay due to Force Majeure. Force Majeure shall mean, strikes, riots, acts of God, delay caused by the failure of a governmental agency to issue a building or occupancy permit despite diligent pursuit thereof, shortages of labor or materials because of priority or similar regulations or order of any governmental or regulatory body, war, governmental laws, regulations or restrictions or any other causes of any kind whatsoever which are beyond the reasonable control of said party; provided, however, lack of funds or inability to obtain financing shall not be an event of Force Majeure. 16. Estoppel Certificate - Either party shall, within fifteen (15) days of a request from the other party, execute, acknowledge and deliver to the requesting party or its designee a written statement confirming the status of matters under this Agreement, including the number of parking stalls then currently designated as provided above, whether all payments are current, whether any party is in default under this Agreement, and such other matters as the requesting party may reasonably request. It is intended that any such statement may be relied upon by lenders providing financing with respect to any of the properties benefited or burdened by this Agreement. 17. Recording - At the request of either party, this Agreement shall be recorded in the real property records of Kitsap County, Washington. 18. Meetings with Operator - The City of Bremerton shall cause any management or its designated operator of the garage to meet with Kitsap Transit, the restaurant and/or hotel owner upon reasonable request during normal business hours. 19. Non-Exclusive Rights - In addition, the rights granted to the hotel and restaurant owners hereunder shall not limit the rights of hotel and/or restaurant owner or their tenants, employees, invitees, and agents from parking in the garage on the Page 6 of 19 same terms and conditions as parking is made available to the public generally (including hourly or daily parking) as then managed by the City of Bremerton or its designated operator. 20. Costs and Attorneys' Fees - In the event it becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of this Agreement, it is understood and agreed that the prevailing party in such litigation shall be entitled to he reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney's fees (including paralegals' and consultants' fees and fees for appeals or any bankruptcy proceeding) and court costs. 21. Notices - Any and all notices or other communications required to permitted by this Agreement or by law to be delivered to, served on or given to either party to this Agreement by the other party to this Agreement, shall be in writing and shall be deemed properly delivered, given or served when personally delivered to such party, or in lieu of personal services, when telecopied or when mailed by United States mail, express, certified or registered, postage prepaid, or by a nationally recognized overnight delivery service, charges prepaid, addresses as follows: If to City of Bremerton: Gary Sexton Director of Economic Development 239 Fourth Street Bremerton, WA 98337 If to Kitsap Transit: Dick Haynes Executive Director Kitsap Transit 200 Charleston Boulevard Bremerton, WA 98312 If to Opus Northwest, L.L.C.: Opus Northwest, L.L.C. Suite 300 915-118th Avenue S.E. Bellevue, WA 98005 Attn: Vice President Page 7 of 19 Fax: (425) 519-6810 If to the Hotel Owner: If to the Restaurant Owner: All notices so teleeopied shall be deemed delivered upon transmission thereof (so long as the sending telecopier machine provides written confirmation of receipt) and all notices so mailed shall be deemed received on the date which is 24 hours after delivery to the overnight delivery service by the sender, or if placed in the United States mails, on the date of the return receipt or, if delivery of such United States mail is refused, upon such refusal. Either party may change its address for the purpose of this Section by giving ten (10) days advance written notice of such change to the other party or in the manner provided in this Section. 22. Amendment - This Agreement may not be modified, amended or terminated without the prior written approval of all parties hereto, provided that additional terms may be contained in an Addendum to this Agreement which has been approved by all parties hereto. Additionally, the terms of this agreement providing that there shall be 150 non-dedicated parking spaces associated with the Conference Center shall not be modified or reduced without the approval of the Kitsap County Public Facilities District Board (KCPFD). Copies of any other modifications ot this agreement shall be delivered to the KCPFD within 30 days of any such modification. 23. Waiver - No waiver or any of the provisions of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instances to which it relates and shall not be deemed to be a continuing or future waiver. 24. Construction - The captions and section headings contained in this Agreement are for convenience and reverence only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identification of the person or persons may require. "Person" shall mean any individual, firm, association, corporation, limited liability company, trust or any other form of business or legal entity. Whenever the adverbs "herein," hereunder," "hereto," "hereby," "hereinafter," etc., are used in this Agreement, they shall mean and refer to this Agreement in its entirety and not to any specific section or paragraph hereof. Whenever the word "including" is used in this Agreement, it shall mean "including, but not limited to." Page 8 of 19 25. Governing Law - This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Venue will be in Kitsap County, Washington. 26. Indemnification - For so long as this Agreement continues in effect to the extent permitted by applicable law, the City of Bremerton covenants to defend, indemnify and hold the other parties to this Agreement, their agents, property managers, employees, tenants, and mortgagees harmless from and against all claims, costs, expenses, losses, fines, penalties, and other liabilities arising from or a result of (i) the occupancy or use of the garage by the City of Bremerton, any of its sublessees or licensees or any agent, contractor or employee of any of them; (ii) any accident, injury, loss or damage whatsoever caused to any person or property alleged to have occurred on or about the garage; or (iii) any negligence or willful misconduct of the City of Bremerton or any sublessee, licensee or agent, contractor or employee of any of them that is alleged or proven to have occurred on or about the garage; provided however, that with respect to damage caused by or resulting from the concurrent negligence of the indemnified person, its agents or employees, the foregoing indemnity shall apply only to the extent of the negligence of the City of Bremerton, its agents or employees. 27. Parties Interested Herein. To the extent that this Agreement confers upon or gives or grants to the Kitsap County Public Facilities District, the Hotel Owner and the Restaurant Owner any right, remedy or claim under or by reason of this Agreement, the Kitsap County Public Facilities District, the Hotel Owner and the Restaurant Owner are each explicitly recognized as being a third-party beneficiary hereunder and may enforce any such right, remedy or claim conferred, given or granted hereunder. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon, or give or grant to, any person or entity, other than. the City of Bremerton, Kitsap Transit, OPUS Northwest, LLC, the Kitsap Public Facilities District, the Hotel Owner and the Restaurant Owner, any right, remedy or claim under or by reason of this Agreement or any covenant, condition or stipulation hereof. 28. The City agrees to finance the costs of construction and equipping Level 1 of the Garage with funds derived entirely from sources other than the proceeds of any tax-exempt obligations, and to finance the costs of constructing and equipping Level 2 and 3 of the Garage with the proceeds of tax-exempt obligations to be issued by the City. IN WITNESS WHEREOF, this Parking Agreement is executed by the parties, intended to be legally bound, as of the date first written above. City of Bremerton a Washington municipal corporation Page 9 of 19 Title: Mayor est, L.L.C./~ Title: Vice President Kitsap Transit a Washington municipal corporation ~ila~e~:~)xiecckut~vaeye~irectOr d Page I0 of 19 STATE OF WASHINGTON ) COUNTY OF ) THIS-IS TO CERTIFY that on this e20 day of ~/~ , 200_, before me, the undersigned, a notary public in and for the state'of Washington, duly commissioned and sworn, personally appeared Cary Bozeman, to me known to be the Mayor of the City of Bremerton, a Washington municipal corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Bremerton, for the uses and purposes therein mentioned, and on oath stated that said individual was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed this ~ day of (Signature of Not.y) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: ~,..~ 3 ~ Page 11 of 19 STATE OF WASHINGTON ) ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence that.Thomas B. Parsons is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Vice President of Opus Northwest, L.L,C, to be the free and voluntary act and deed of said limited liability corporation, for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed this ~ day of  (Signature of N20tary). fk¢' ...rl0tt. ~ ~' (Print or stamp name of Notary) 'o~ ~,u' '.'~ ';,:,a. NOTARY PUBLIC in and for the State of o ,.,..e~ Washington, residing at '-~e[(~ X. , .. ~.~,~.,- ~ My Appointment Expires: ~/! Page 12 of 19 STATE OF WASHINGTON ) COUNTY OF ) I certify that I know or have satisfactory evidence that Dick Hay//es is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Executive Director of Kitsap Transit, a municipal corporation to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes mentioned in the instrument. WITNESS my hand and official seal hereto affixed this ~ day of ~.~.~ffe..~' , (Signature/~~4~'~'%ff (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at ~_..~z~ .,~-~ My Appointment Expires: 9r~,e :2~t>? Page 13 of 19 Attachment A Legal Description of the Project LEGAL DESCRIPTION ORDER NO. 890744-C3 PARCEL I: THAT PORTION OF GOVERNMENT LOT 3, SECTION 13, AND THAT PORTION OF GOVEPdqMENT LOT I, SECTION 24, AND TIDELANDS ADJOINiNG ALL IN TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COM/v[ENCING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 2 OF TOWN OF BtLEMERTON, ACCORDING TO PLAT KECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, iN KITSAP COUNTY, WASHINGTON; THENCE SOUTH 45020'30" EAST ALONG THE NORTI-IEASTERLY MARGIN OF FIRST STREET (FRONT STREET) iN SAID PLAT A DISTANCE OF 14.18 FEET TO THE MOST SOUTHERLY CORNER OF AN ALLEY DELINEATED ON BLOCK 2 OF SAID PLAT; THENCE NORTH 35037' 10" EAST ON 60.00 FEET ALONG SAID DELINEATED ALLEY TO THE TRUE POINT OF BEGINNING, WHICH IS ALSO CALLED POINT "A" FOR REFERENCE PURPOSES; THENCE SOUTH 45 v20'30" EAST PARALLEL TO TI--IE NORTHEASTERLY MARGiN OF FIRST STREET CFRONT STREE'P) TO AN INTERSECTION-WITH THE INNER HARBOKLINE DELINEATED ON 1958 SUPPLEMENTAL MAP OF BREIv[ERTON TIDELANDS, ON FILE iN TIlE OFF1CE OF TH~ COMMISSIONER OF PUBLIC LANDS, OLYMPIA, WASHINGTON; THENCE NORTHEASTERLY ALONG SAID INNER HARBOR LINE TO TIlE SOUTIdWq~STERLY MARGIN OF SECOND STiLEET AS DELINEATED ON SAI]D SUPPLEMENTAL MAP. THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT ON THE MOST EASTERLY CORNER OF TIlE ALLEY DELINEATED ON BLOCK 2 IN PLAT OF TOVv-lq OF BREIvl]ERTON; THENCE SOUTH 35 °37'10" WEST ALONG SAID ALLEY 247.21.FEET TO Tt-IE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COIvl]viENCiNG AT POEWT "A" HERETOFORE DESCRIBED; THENCE SOUTH 45 o20'30" EAST PARALLEL TO THE NORTHEASTERLY MARGIN OF FIRST STREET 34.02 FEET TO TIKE TRUE POiNT OF BEGINNING OF THIS EXCEPTION; THENCE NORTH 45 °29' 10" EAST 14.17 FEET; THENCE NORTH 35 °36'30" EAST 5.90 FEET TO THE SOUTHWEST CORNER OF AN EXISTING BRICK BUILDING; THENCE SOUTH 45 °20'30" EAST ALONG TIlE SOUTI-IEASTERLY WALL TI-I~REOF 129 FEET; THENCE SOUTH 41 °53'20" WEST 20 FEET, MOP,.E OR LESS, TO TH~ SOUTHWEST BOUNDARY OF THE MAIN TRACT HERETOFORE DESCRIBED; THENCE NORTH 45020'30" WEST 129.41 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL 11: COMIvlLeNCING AT A POINT ON THE NORTHEASTERLY LINE OF FRONT STREET, ALSO KNOWN AS FIRST STREET, BREiViERTON, WASHINGTON, WHICH IS SOUTH 45020'30" EAST A DISTANCE OF 14.18 FEET FROM THE SOUTI-IEAST CORNER OF LOT 1 IN BLOCK 2 OF ORIGiNAL PLAT OF THE TOIVN OF BREIv[ERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY, WASHINGTON; tHENCE NORTH 35 °37'10" EAST FOR A DISTANCE OF 60 FEET; Page 14 of 15 Attachment A (continued) THENCE SOUTH 45 020'30" EAST FOR A DISTANCE OF 163.43 FEET TO TH]E TRUE POINT OF BEGINNING; THENCE SOUTH 45 °20'30'' EAST 45 FEET; THENCE SOUTH 4I°53'20" WEST 59.39 FEET, MORE OR LESS, TO THE NORTH]~ASTERLY LINE OF SAID FRONT STREET (FIRST STREET); THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF FRONT STREET (FLRST STREET) 45 FEET; THENCE NORTH 41 °53'20" EAST 59.39 FEET, MORE OR LESS, TO THE ADJOINING OR ABUTTING THEREON, WHICH UPON VACATION, ATTACI-IED TO SAID PREMISES BY OPERATION OF LAW. PARCEL III: THAT PORTION OF GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., AND THE TIDELANDS ADJOINING, IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMIvlENCING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO ~ PLAT RECORDED IN VOLUM~ 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY, WASHINGTON; THENCE SOUTH 45 O20'30" EAST ALONG THE NORTHEASTERLY LINE OF FIRST STREET (FRONT STREET) 14.18 FEET TO THE TRUE POINT OF BEGINNING; TI-~NCE NORTH 35 °37'10" EAST 60 FEET; THENCE SOUTH 45 °20'30" EAST 34.02 FEET; THENCE SOUTHWESTERL-Y TO-APOINT ON THE NORTH]EASTERLY LINE OF FIRST STREET WHICH IS SOUTH 45o20'30', EAST 23.69 FEET FROM THE TRUE PO/~qT OF BEGINNING; THENCE NORTH 45020'30" WEST 23.69 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED FRONT (FIRST) STREET ADJOINING OR ABUTTING THEREON, WHICH UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW. PARCEL IV. LOTS 8 AND 9 IN BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUM~ 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY, WASI-IINGTON; TOGETHER WiTH THAT PORTION OF VACATED ALLEY ADJOINING OR ABUTTING THEREON, WI-~ICH UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW. Page 15 of 19 - Attachment A (continued) LEGAL DESCRIPTION ORDER NO. 890745-C3 PARCEL A: LOTS 1 AND 2 IN BLOCK 2 OF TOWN OF BKEMERTON, ACCORDING TO PLAT RECORDED IN VOLUM~ 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOIN'lNG OR ABUTTING ON THE EAST LYING BETWEEN THE PROJECTIONS EASTERLY OF THE NORTH AND SOUTH LINES OF SAID LOTS, WHICH UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW: ALSO TOGETHER. WITH THOSE PORTIONS OF VACATED FRONT (FIRST) STREET AND WASHINGTON AVENUE ADJOINING OR ABUTTING THEREON, Vvq~IICH UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW. PARCEL B: LOT 3 IN BLOCK 2 OF TOWN OF BREMERTON, AccORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGES(S) 30, IN KITSAP COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING OR ABUTTING ON THE EAST LYING BETWEEN THE PROJECTION OF TH~ NORTHERLY AND SOUTHERLY LINES OF SA:ID LOT 3i WHICH UPON-VACATION,.A~ACHED TO SAJD.P-REiVffSES BY OP-ERATION OF LAW, PURSUANT TO KITSAP COUNTY SUPERIOR COURT CAUSE NO. 66664. PARCEL C: LOTS 4, 5, 6 AND 7 IN BLOCK 2 OF TOWN OF BKEMERTON, ACCORDING TO PLAT RECORDED IN VOLUM~ 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY, WASH]2qGTON; TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING OR ABUTTING ON THE EAST LYING BETWEEN THE SOUTHERLY LINE OF LOT 4 AND THE NORTHERLY LINE OF LOT 7 PROJECTED EAST, WHICH UPON VACATION, ATTACHED TO SAID PREM/SES BY OPERATION OF LAW. PARCEL D: THE SOUTHEASTERLY 30 FEET OF THE FOLLOWI31G DESCRIBED PROPERTY: THAT PORTION OF GOVERNMENT LOT 1, SECTION 34, TOWNSHI? 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON ~ NORTHEASTERLY LINE ON FRONT (NOW FIRST) STREET, B1LEMERTON, WASHBqGTON, 14 FEET SOUTHEASTERLY FROM THE SOUTH]~AST CORNER OF LOT 1 IN BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUM~ 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY, WASI-I]NGTON; THENCE NORTHEASTERLY PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID BLOCK 2 A DISTANCE OF 60 FEET; THENCE SOUTHEASTERLY PARALLEL WITH THE NORTHEASTERLY LINE OF FRONT STREET 234 FEET, MOP, X; OR LESS, TO INNER HARBOR LINE; THENCE SOUTHWESTERLY PARALLEL WITH THE SOUTHEASTERLY LINE OF SAIX) BLOCK 2 A DISTANCE OF 60 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE OF FRONT STREET; THENCE ALONG SA_ID LINE NORTHWESTERLY TO THE PLACE OF BEGIN?,riNG; Page 16 of 19 Attachment A (continued) TOGETHER WITH THAT PORTION OF VACATED FRONT (FIRST) STREET ADJOINING OR ABUTTiNG THEREON, WI-riCH UPON VACATION, ATTACI-IED TO SAID PREMISES BY OPERATION OF LAW; EXCEPT FROM ALL OF THE ABOVE PORTION THEREOF LYING EASTERLY OF TIlE iNNER HARBOR LINE. PARCEL E: THAT PORTION OF THE GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., iN KITSAP COUNTY, WASHINGTON AND THE TIDE LANDS ADJOINING, DESCRIBED AS FOLLOWS: COMMENCING ATTHE MOST SOUTHERLY CORNER OF BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30; THENCE SOUTH 45~20'30'' EAST ALONG TIlE NORTHEAST LINE OF FIRST STREET 14.18 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 35°37' 10" EAST 60 FEET; THENCE SOUTH 45020'30" EAST 34.02 FEET; THENCE NORTH 45°29' 10" EAST 14.17 FEET; THENCE NORTH 35036'30" EAST 5.90 FEET TO THE SOUTI-rWESTERJ~Y COR2qER OF EXISTING BR/CK BUILDING; THENCE ALONG THE SOUTH]EASTERLY WALL OF SAID BUILDING AND THE LiNE OF SAID WALL PRODUCED, SOUTH 45 020 '30" EAST 129.00 FEET; THENCE SOUTH 41 °53'20" 79.39 FEET, MORE OR LESS, TO A POINT ON TIIE NORTHEASTERLY LINE OF FIRST STILE, ET; THENCE NORTH 45 °20'30" W~ST ALONG SAID LINE TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF VACATED FRONT (FIRST) STREET ADJOINING OR ABUTTING ON THE SOUTH, WHICH UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW. EXCEPT THE FOLLOWING DESCRIBED TRACT: COMM]ENCING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 2; THENCE SOUTH 45 °20'30" EAST ALONG THE NORTHEASTERLY LINE OF FIRST STREET 14.18 FEET TO THE TRUE POINT OF BEGINNING; Tt-IENCE NORTH 35 °37' 10" EAST 60 FEET; THENCE SOUTH 45 °20'30" EAST 34.02 FEET; THENCE SOUTHWIESTERLY TO A POINT ON TIlE NORTHEASTERLY LINE OF FIRST STREET WIIlCH IS SOUTH 45 °20'30" EAST 23.69 FEET FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 45 °20'30" WEST 23.69 FEET TO ~ TRUE POINT OF BEGI]qN1]qG; INCLUDING WITH SAID EXCEPTED TRACT, THAT PORTION OF VACATED FRONT (FIRST) STREET ADJOINING OR ABUTTING SAID EXCEPTED TRACT ON TIlE SOUTH, WHICH UPON VACATION, ATTACHED TO SAID PRElvIISES BY OPERATION OF LAW. Page 17 of 19 Attachment B Parking Garage Drawing