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HomeMy WebLinkAbout9404210212Filed for Record at Request of: When Recorded Return to: KITS~P COUNTY Name Bremerton City Clerk CITY OF BRE~ERTON Address 239 Fourth StreetE Bremerton, WA. 98310 Ei -t: 94.04.2 ~. 02~ 2 0798 ER 244.2 STATUTORY W]LRP.~P~Y DE~D (For Use in the State of Washington Only) THE GRANTOR, STATE OF WASHINGTON, OLYMPIC COLLEGE (COMMUNITY COLLEGE DISTRICT 3), for and in consideration of good and valuable consideration, conveys and warrants to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: Lots 8 and 9, Block 2, Town of Bremerton, Volume 2 of Plats, Page 30, Records of Kitsap County, Washington; together with portion of vacated alley adjoining. SUBJECT TO: rights reserved in federal patents or state deeds, building or use restrictions, utility easements, reserved oil and/or mineral rights and the attached Exhibit "A" "General and Special Exceptions" which is incorporated herein by this reference. DATED this / 7 day of /f~~/ , 1994. STATE OF WASHINGTON - OLYMPIC COLLEGE CHAIR BOARD OF TRUSTEES ST: TRANSACTION EXG'~ TAX PAtO APR IS lgg4 STATUTORY WARRANTY DEED -1- AMOUNT SAL-ARHY.S~ - ReaL Estate- ,/9/94 C~ouNTY~,~~ER '' 7/ -/,- "/ BY_/"/ /~/-~'"~ ' - APPROVED AS TO FORM: STATE OF WASHINGTON ) · SS. COUNTY OF KITSAP ) On this day personally appeared before me Barbara A. Stephenson, to me known to be the Chair, Board of Trustees of OLYMPIC COLLEGE, on behalf of the State of Washington, State Board for Community College Education on behalf of Community College District 3, Olympic College, the agency described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument on behalf of said agency. GIVE~er~my hand and official seal this /~day of , 1994 . Notary Public in and fol~/t~e State of Washington, residing at ~~ . appointment expires: //-~cf- 7~ · A.F.I: 9 0 2 02 2 lIE]EL O"J B FR STATUTORY WARRANTY DEED -2- SAL-ARHY.SI40 - Rea[ Estate - 3/9/94 EXHIBIT GENEI~L EXCEPTIONS: A. Rights or claims of parties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments, which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage collection and disposal. G. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations; Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims, or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. SPECIAL EXCEPTIONS: A. Liens of real estate excise sales tax upon any sale of said premises if applicable. A.F.f: 9 ,0 ,2tD2S2 IIIEE-I- FR EXHIBIT "A" SAL-AEMY.SWO - Eea[ Estate - ~/9/94 Co[~V REAL ESTATE EXCHZ~SE AGREEMENT Salvation Army Site Bremerton, Washington for Warren Avenue & Broadway Sites , 1993 This Real Estate Exchange Agreement is made and entered into by and among: 1. The CITY OF BREMERTON, a Washington municipal'corporation (the "CitY"); 2. The STATE OF WASHINGTON, State Board for Community College Education on behalf of Community College District 3, OLYMPIC COLLEGE ("Olympic College"). A. Need for La~d. Olympic College has a need to acquire additional land adjacent to its campus at 16th and Chester in Bremerton, Washington for instructional programsnow separated from the main campus and other educational uses and has allocated Forty- eight Thousand Five Hundred Dollars ($48,500.00) in appropriated State of Washington funds to do so; B. City Properties Ad4acent. to Olvmmic Coileqe. The City owns certain real property adjacent to Olympic College, generally known at the Warren Avenue and Broadway Sites, the descriptions of which are attached hereto as Exhibit "A" and incorporated herein by 'this reference. C. Salvation Site for S~. It is anticipated and 'a contingency of this Exchange Agreement that the John Bremmer and Edward Bremmer Consolidated Trust shall donate, upon execution of this Agreement and prior to closing, the property in downtown Bremerton generally known as the Salvation Army' site the description of which is attached hereto as Exhibit "B" and -incorporated herein by reference. This Trust is a charitable trust whose sole beneficiary is Olympic College. The Salvation Army Site has no educational utility for Olympic College. D. Exchange of SalvatioD S~te for Warren Avenue and Broadway Sites. (1) Olympic College will convey the Salvation Army site to the City of Bremerton in consideration of the following: (a) Olympic College shall pay to the City of Bremerton the sum of Forty-eight Thousand Five Hundred Dollars ($48,500.00) cash at closing. REAL ESTATE EXCHANGE AGREEMENT --1-- SAL-ARHY.AGT - 4/26/93 (2) The City will, simultaneously at closing, transfer the Warren Avenue and Broadway sites to Olympic College in exchange for Olympic College's transfer at closing of the Salvation Army site to the City and addition consideration above. E. Appraisal of Sites. The parties have reviewed an appraisal of all three sites to be exchanged under this Agreement, conducted by Richards & Associates on December 2, 1993, and have agreed that the fair market value of the three sites is as follows: (1) Warren Avenue Site, Two Hundred Five Thousand Collars ($205,000.00); (2) Salvation Army Site, One Hundred Sixty-five Thousand Dollars ($165,000.00); and (3) Broadway Site, Eight Thousand Five Hundred Dollars' ($8,500.00). NOW, THEREFORE, it is agreed as follows: A~REEMENT 1. Exchange Agreement. 1.1 At closing, City of Bremerton hereby conveys and transfers the Warren Avenue and Broadway sites to Olympic College, Olympic College hereby conveys and transfers the Salvation Army Site to the City of Bremerton, all on the terms and conditions below. This Agreement is contingent upon a conveyance of title of the Salvation Army Site from the John Bremer and Edward Bremer Consolidated Trust to Olympic College prior to closing subject only to those reservations or encumbrances approved under paragraph 5. 1.2.1 Effective Date of Exchange Agreement. This Exchange Agreement shall become effective and biding on all parties immediately upon the acceptance by all parties as signified by the signature of the appropriate officer of each party being affixed hereto or to a true counterpart of this Exchange Agreement. The Escrow Holder is expressly authorized to attach counterpart signature pages to the original of this Exchange Agreement to comprise on signal agreement. 1.2.2 Closing Date. Closing of this Exchange Agreement shall occur at the offices of the Bremerton City Attorney, 239 Fourth Street, Bremerton, Washington 98310, at a date and time agreed between the parties; but not later that December 31, 1993. 1.3 Procedures to Close. REAL ESTATE EXCHANGE AGREEMENT -2- SAL-ARHY.AGT - /,/26/93 1.3.1 Olympic Colleae. Olympic College shall deposit in. escrow with Escrow Holder: (a) a Statutory Warranty Deed conveying' to the City of Bremerton the Salvation Army Site as more particularly described in Exhibit "B" attached hereto, with title qualified only as expressly provided herein; the Grantor shall be "The Cityof Bremerton, a Washington municipal corporation; (b) a preliminary commitment for title insurance with respect to the Salvation Army Site insuring title is providedparagraph 5 below in standard form, issued by Land Title Company of Kitsap County; (c) the sum of Forty-eight Thousand Five Hundred Dollars ($48,500.00) cash payable to the City of Bremerton; and (d) a sum suffic.ient to pay the premium for the insurance of the title policy covering the Salvation Army Site valued at One Hundred Sixty-five Thousand Dollars ($165,000.00). 1.3.2 The City of Bremer%QD. The City shall deposit in escrow with Escrow Holder: (a) a Statutory Warranty Deed conveying Warren Avenue and Broadway Sites to Olympic College, with title qualified only as expressly provided herein; the Grantee shall be "State of Washington, State Board for Community College Educgtion on Behalf of the Community College District No. 3, Olympic College"; (b) a preliminary commitment for title insurance in compliance with the provisions of this Agreement, covering Warren Avenue and Broadway Sites, in standard form issued by Land Title . Company; and (c) a sum sufficient to pay the premium for the issuance of the title policy covering the Warren Avenue and Broadway sites valued at Two Hundred Thirteen Thousand Five Hundred Dollars ($213,500.00). 1.3.3 Closina Costs. In addition to those items expressly enumerated above, Olympic College and the City shall each deposit a sum sufficient to pay recording fees for the respective deed under which such party is grantee. This Exchange Agreement shall not be recorded. 1.3.4 No Excise Tax. Under the provisions of RCW 82.45.010 and WAC 458-61-420, no real estate excise tax will be payable on the transfer of either the Salvation Army Site, or the Warren Avenue and Broadway Sites, inasmuch as the grantor or grantee on each transaction are qualifying government agencies entitled to exemption from real estate excise tax. 1.3.5 ~[D~. At closing, upon receipt of all required funds and documents, Escrow Holder shall proceed by delivering: (a) copies of this signed Exchange Agreement to the parties; (b) for immediate conveyance and recording, the respective Statutory Warranty Deeds required above; and (c) all other deeds or acts required to close. Ail acts required to be performed at closing shall be deemed to occur simultaneously. REAL ESTATE EXCHANGE AGREEMENT -3- SAL-Aa,*.AGT - 4/Z6/~ 2. Delivery of PossessiQ~. 2.1 Delivery of Possess$oD. Delivery of' possession of the properties exchanged pursuant to this Agreement shall take place upon closing. 2.3 Time is of the Essence. TI~E IS OF THE ESSENCE OF THIS AGREEMENT. Each party undertakes promptly to perform its duties hereunder and Escrow Holder undertakes promptly upon closing to deliver and cause to be recorded the respective deeds to the Salvation Army Site and Warren Avenue and Broadway Sites. 2.4 Indemnification Through Date for Possession. 2.4.1 As to Claims from Possession. Notwithstanding'the execution and closing of this Exchange Agreement, use and possession of the Salvation Army Site and Warren Avenue and Broadway Sites shall not transfer to the respective grantees until the date provided under paragraph 2.1 above, but not later than August 1, 1993. Until the transfer of possession, OlymPic College (as to the Salvation Army Site), and the City of Bremerton (as to the Warren Avenue and Broadway Sites), shall remain solely responsible for the use of and operation of the facilities at each respective site and each shall indemnify the other from and with respect to any claims, conditions, actions or omissions relating to or arising out of the state of facts in existence through the delivery of possession at the respective sites. Such indemnification shall include the defense of any such claims accruing prior to the transfer of possession to the respective grantees. 3. Default and Termination. Once this Exchange Agreement becomes effective as provided in paragraph 1.2.1 above, if thereafter any party shall fail to perform the acts required of it by this Exchange Agreement, the parties agree that the nondefaulting party or parties at its sole election may obtain in Kitsap County Superior Court; (a) a decree of specific performance of the terms of this Exchange Agreement; (b) relief for damages for nonperformance by the defaulting party, including that party's share of appraisal costs; or (c) recision and termination of this Exchange Agreement. 4. Insmecti0n of Property - AS IS. 4.1 Mutual. Independent Inspection. Each party represents and warrants to the other that-it has completed, prior to the effective date of this Agreement, to its complete satisfaction, all appropriate inspection of the respective real properties - Salvation Army Site and Warren Avenue and Broadway Sites - and accepts the same, AS IS, with all defects subject to the indemnity as to hazardous waste provided paragraph 4.3 below. REAL ESTATE EXCHANGE AGREEMENT -4- SAL-AR#¥.AGT - 4.2 No Warranties as to Suitability. No party makes any representation, covenant or warranty with respect to the condition of either Salvation Army Site and Warren Avenue and Broadway Sites, nor of any improvement to the premises of either site, nor as to the suitability for or conformity of the premises of either site to any past or desired present or future land use, or to any building code, zoning or other shoreline, environmental, health, safety or other regulatory concern relative to past use, present use or future and intended use by any party or others. 4.3 Indemnity for Hazardous Was~. 4.3.1 Olympic College, as to the Salvation Army Site, and the City, as to the Warren Avenue and Broadway Sites (respectively referred to hereafter as "Transferor"), shall indemnify and hold the Transferee thereof, from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements) which accrue to or are incurred by the Transferee on or after conveyance of the property which arise directly or indirectly from or out of: (a) any activities on the property prior to the transfer of possession thereof pursuant to this Agreement which have directly or indirectly resulted in the property becoming contaminated with hazardous substances; (b) the discovery of hazardous substances on the property; and (c) the cleanup of hazardous substances on the property. As used herein, "hazardous substances" means: Any substance, waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect, including, but not limited to, the statutes listed below: Federal Resource Conversation.and Recovery Act Of 1976, 42 U.S.C. S6901, e~ sea. FederalComprehensive Environmental.Response, Compensation, and Liability Act of 1980, 42 U.S.C. S9601, ~% sea. Federal Hazardous Materials Transportation Control Act, 49 U.S.C. ~1801, e~ ~.~. Federal Clean Air Act, 42 U.S.C. S7401, et Federal Water Pollution Control Act, Federal Clear Water Act of 1977, 33 U.S.C. S1251 et REAL ESTATE EXCHANGE AGREEMENT -5- SAL-AR#Y.AGT - &/26/~ Federal Insecticide, Fungicide, and Rodenticide Act, Federal Pesticide Act of 1978, 7 U.S.C. S136, et seq. Federal Toxic Substances Control Act, 15 U.S.C. S2601 e~ sea. Federal Safe Drinking Water Act, 42 U.S.C. ~300f e~ sea. Washington Water Pollution Control Act, R.C.W. Ch. 90.48. Washington Clean Air Act, R.C.W. Ch. 70.94. Washington Solid Waste Management-Recovery and Recycling Act, R.C.W. ch.70.95. Washington Hazardous Waste Management Act, R.C.W. Ch. 70.105. Washington Hazardous Waste Fees Act, R.C.W. Ch. 70.105(A). Washington Model Toxics Control Act, Initiative 97, 1989 Laws Ch. 2, R.C.W. Ch. ?0.10S (D). Washington Nuclear Energy and Radiation Act, R.C.W. Ch. 70.98. Washington Radioactive Waste Storage and Transportation Act, R.C.W. Ch. 70.99. 4.3.2 The~ respective Transferee shall transmit to its Transferor any statutory or common law claim or suit brought by private parties or state or federal regulatory agencies giving rise to indemnity under this subparagraph. Transferor shall have the right to negotiate a settlement or defend such' suit, claim or' government remedial order' or .directive. If remedial action is agreed, to by Transferor in settlement or ordered by a court or governmental agAncy, Transferor shall be granted reasonable access to the site to supervise remedial actions. Such actions shall be performed in a reasonable manner so as to minimize disruption of Transferee's uses of the site. Once the hazardous substances have been dealt with to the satisfaction of the complaining government agency, the site shall be restored to the Transferor to the condition immediately prior to undertaking remedial action; Provided, The Transferor may pay the fair market value of improvements in lieu of reconstruction. REAL ESTATE EXCHANGE AGREEMENT -6- SAL-AR#Y.AGT - 4/Z6/93 5. Title. Title to the respective parcels, Salvation Army Site and Warren Avenue and Broadway Sites, shall be subject only to such.rights, reservations, covenants, conditions, restrictions, liens.or encumbrances as expressly set forth in the Preliminary Commitments for Title Insurance referenced in Section i above approved by the respective grantee and subject to rights reserved in federal patents or state deeds,'building or use restrictions, utility easements, reserved oil and/or mineral rights, exceptions for easements and encumbrances of record. Exceptions shall be deemed approved if objection is not filed with Escrow Holder within fifteen (15) days following delivery of the Preliminary Commitment to grantee. 6. General. 6.1 T~tles. Titles to paragraphs in this Exchange Agreement are for the parties' convenience, but are not to be considered as part of the operative, binding language of this Exchange Agreement. 6.2 Notice. ~Notice required or authorized to be '~iven under the terms of this Exchange Agreement shall.be given to the parties sought to be notified at the address provided on the attached Schedule i or at such other address as provided by notice. Notice shall be deemed effective when delivered, in person, or on the third day after having been mailed, postage prepaid, certified, to the respective address. 6.3 Modifications. This Agreement is the complete understanding and agreement of the parties relative to the real estate exchange 'to be effected hereby. There are no other verbal or other agreements, understandings, or contracts which modify or affect this Real Estate Exchange Agreement. This Exchange Agreement may only be amended or modified by a writing signed by all parties. 6.4 Certification of Authority. Each person signing this Agreement ora counterpart hereof, certifies her or his respective authority duly granted by the appropriate constituency.' 6.5 Further Cooperation. The parties acknowledge that additional documents may be required fully to implement the intent and agreement of the parties in this Exchange Agreement and each covenants with the other fully to cooperate in providing such additional documents and taking such other reasonable measures as may be required fully, to execute and implement this Exchange Agreement. 6.6 Covenants Survive Closinq. All representations, covenants and warranties shall be deemed to survive closing of this transaction as fully as if repeated and reaffirmed immediately REAL ESTATE EXCHANGE AGREEMENT -7- SAL-AR#Y.AGT - thereafter. 7. Time for Acceptance. An executed original or duplicate original deliYered to a party shall constitute an offer. Any offer shall expire within twenty-one (21) days if not accepted by all parties. CITY OF BREMERTON BYI,, LOUIS MENTOR, Mayor ATTEST: KATHLEEN L. McCLUSKEY, Clerk APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney STATE OF WASHINGTON - OLYMPIC COLLEGE BY: BETTY EAGER, Chair Board of Trustees ATTEST: APPROVED AS TO FORM: REAL ESTATE EXCHANGE AGREEMENT -8- SAL'ARM¥.AGT - 4/~6/93 STATE OF WASHINGTON ) : SS, COUNTY OF KITSAP ) On this day personally appeared before me Louis Mentor, Bremerton City Mayor, and Kathleen L. MCCluskey, Bremerton City Clerk, of the City of 'Bremerton, the municipal corporation described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of said corporation. GIVEN under my hand and official seal this day of , 1993. Notary Public in and for the State of Washington, residing at: , . My appointment expires: . STATE OF WASHINGTON ) : eS, COUNTY OF KITSAP ) On this day personally appeared before me BETTY EAGER, to me known to be the Chair, Board of Trustees of OLYMPIC COLLEGE, on behalf of the State of Washington, State Board for Community College Education on behalf of Community College District 3, Olympic College, the agency described in and that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said agency, for the and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of said agency. GIVEN under my hand and official seal this day of , 1993. Notary Public in and for the State of Washington, residing at: . My appointment expires~ . REAL ESTATE EXCHANGE AGREEMENT -9- SAL-ARMY.AGT - 4/:)6/93 SCHEDULE I 1. The City of Bremerton ¢/o Ian R. Sievers Bremerton City Attorney 239 - 4th Street Bremerton, Washington 98310 2. Olympic College Brenda J. Little Assistant Attorney General for the State of Washington Education Division 900 Fourth Avenue, #2000 Seattle, Washington 98164-1012 REAL ESTATE EXCHANGE AGREEMENT --12-- SAL-ARPIY.AGT - 4126/93 EXHIBIT WARREN AVENUE 6ZTE Lot 6, Tract 3, EXCEPT the South 4.5 feet of tho East one-half; and the West one-half of Lot 7, Tract 3, Warren Smith's Acre Tracts, Volume 2 of Plats, Page 51, records of Kitsap County, Washington, EXCEPT roads. BROADWAY SITE That portion of Lot 1, Tract 6, Plat of Warren Smith's Acre Tracts, according to plat recorded in Volume 2 of Plats, Page 51, in Kitsap County, Washington, described as follows: Buginning on the north line of Ralph Street (as shown on said plat) at a point which is 259.57 feet west of the southeast corner of said Lot l; thence north 20 feet parallel to the west line of said tract and the True' Point of Beginning; thence east parallel to the south line of said tract a distance of 7 feet; thence along the arc of a curve to the left said acre having a radius of 42 feet and a central angle of 90 degrees a distance of 65.97 feQt; thence north parallel to said line a distance of 65.08 feet; thence west parallel to said south line a distance of 49 feet; thence south parallel to said west line to the True Point of Beginning. REAL ESTATE EXCHANGE AGREEMENT --10-- SAL-ARMY.AGT ' &/26/93 EXHIBZT 'lB~' BALVATZONARMY B~TE Lotm 8 and 9, Ulook 2, Town of Uremerton, Volume 2 of ~latu, ~go 30, Rooordm of Kituap County, Wauhington; together with portion of vacated alley adjoining. REAL ESTATE EXCHANGE AGREEMENT --11-- SAL-AR#Y.AGT - &/26/93 OLYMPIC COLLEGE CLOSING STATEMENT ON PURCHASE OF WARREN AVENUE AND BROADWAY SITES AND SALE OF SALVATION ARMY SITE AMOUNTS DUE/PAID Total Purchase Price for Warren Avenue and Broadway Sites $213,500.00 Less Total Purchase Price for Salvation Army Site (165,000.00) Cash Payment Payable to City of Bremerton at Closing $48,500.00 ADD Olympic College's Closing Costs to Cash Payment Payable at Closing: Land Title Title Insurance Premium for Salvation Army Site $684.53 Recording Fee for Statutory Warranty Deed from College to City on Salvation Army Site (Kitsap County Auditor) 9.00 1% Excise Tax Affidavit processing fee (Kitsap County Treasurer) 2.00 Olympic College's Total Closing Costs $695.53 695.53 TOTAL CASH REQUIRED FROM OLYMPIC COLLEGE TO CLOSE $49,195.53 NOTE: It is understood and agreed by all parties hereto that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. ACCEPTED AND APPROVED this day of , 1994. STATE OF WASHINGTON - OLYMPIC COLLEGE BY: OLYMPIC COLLEGE CLOSING STATEMENT College. CS - REAL ESTATE - 3/9/94 CO~V OLYMPIC COLLEGE CLOSING STATEMENT ON PURCHASE OF WARREN AVENUE ~ND BROADWAY SITES · ,ND SALE OF SALVATION ~RMY SITE AMOUNTS DUE/PAID Total Purchase Price for Warren Avenue and Broadway Sites $213,500.00 Less Total Purchase Price for Salvation Army Site (165,000.00) Cash Payment Payable to City of Bremerton at Closing $48,500.00 ADD Olympic College's Closing Costs to Cash Payment Payable at Closing: Land Title Title Insurance Premium for Salvation Army Site $684.53 Recording Fee for Statutory Warranty Deed from College to city on Salvation Army Site (Kitsap County Auditor) 9.00 1% Excise Tax Affidavit processing fee (Kitsap County Treasurer) 2.00 Olympic College's Total Closing Costs $695.53 695.53 TOTAL CASH REQUIRED FROM OLYMPIC COLLEGE TO CLOSE $49,195.53 NOTE: It is understood and agreed by all parties hereto that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. ACCEPTED AND APPROVED this /7 day of /~/~/{C~/ , 1994. STATE OF WASHINGTON - OLYMPIC C/~? EGE OLYMPIC COLLEGE CLOSING STATEMENT Co~,lege.CS - REAL ESTATE - PLEASE TYPE OR!i PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped Form 'No. 84 000lA by cashier. CHAPTER 82.45 RCW - CHAPTER 458-61 WAC For Use at County Treasurer's Office (Use Form No. 84-0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL ITEMS ARE FULLY COMPLETED ...... ¢/o l~r. l~elmel Connolly Name City of Br~nmrCon "~ Street 1600 G-'h~e~.~~ ~ Street 239 ~OU"h ~{Cit{ ..... Brmrton State I,/A. Zi 98310 Zip } , y p_ ~ city nr,,,r~u state VA. 98310 [~l ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE ALL TAX PARCEL NUMBERS ~! LEGAL DESCRIPTION OF PROPERTY SITUATED IN [] UNINCORPORATED COUNTY [] OR IN CITY OF Street Address (if property is improved): 138 '~aehlJagton, Br~m~rton Lore 8 and 9, BXoek 2, 'lO~ea of Br~m~rr.o~, Volu~ 2 of Plate, Page 30, lt~orde of ir..iCaap Counl:y, Waahin$Iton: together wi. Ch portion of vacated alle~ ad]oin:[~8. Does this transfer of real property reflect the transfer or acquisition of thc controlling interest in an entity with an interest in real prope~y in this state? Yes[-] No~3 If yes, this transfer of controlling interest must also be reported to the Department of Revenue within five days of the sale on Form No. 84 000lB. OIs tl~is property currently: YES NO O Description of tangible personal property if included in sale (furniture, Classified or designated as forest land? [] ~ appliances, etc.) Chapter 84.33 RCW Classified as current use land (open space, farm [] and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax under nonprofit [] ~ If exemption claimed, put WAC number and title. organizations? Chapter 84.36 RCW I~IAC /~--6 Receiving special valuation as historic [] [] WAC Number ,,.,,property under?. Chapter 84.25 RCW ,,,..,.~,~ WAC Title OOV~t"llll~llt: 'l~alle~'ar~ to Property Type: [] land only [] l~n'~ with new building l{tatttutory *darrantS' l~d ~ land with previously [] land with mobile home Type of Document Date of Document / i } . ~ : .~[...~ O(1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Gross Sale Price ; $ 165~,000. O0 If the new owner(s) of land that is classified or designated as current use Personal Property (deduct) $ or forest land wish to continue the classification or designation of such land, Taxable Sale Price $ the new owner(s) must sign below. If the new owner(s) do not desire to continue such classification or designation, all compensating or additional Excise Tax State $ -O-- tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall Local $ be due and payable by the seller or transferor at the time of sale. The county Delinquent Interest: State $ ~0- assessor must determine if the land transferred qualifies to continue Local $ classification or designation and must so indicate below. Signatures do not -O- necessarily mean the land will remain in classification or designation. If Delinquent Penalt~~ State $ it no longer qualifies, it will be removed and the compensating taxes will Total Due $ be applied. All new owners must sign. THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE. This land [] does [] does not qualify for continuance. I~ AFFIDAVIT Date I certify under penalty of perjury under the laws of the state of DEPUTY ASSESSOR Washington that the foregoin~ is true and correct ..... (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Sign aturt,~d..., 2~; ~ L 2 If the new owner(s) of property with special valuation as historic property Granto/A[~ wish to continue this special valuation the new owner(s) must sign below, Dr.' 14~{ah~.~'~ ~'~. If the new owner(s) do not desire to continue Such special valuation, all [Name (print) ,. additional tax calculated pursuant to Chapter 84.26 RCW, shall be due andI · · ~ \:~ ~ payable by the seller or transferor at the time of sale. IDat & Place of Slgtllngl~r~rk~0tl, ~''~l~lAo ! (3) OWNER(S) SIGNATURE I Signatur~,.~.~ ~:' G ..... lan R. ~ame Iprmt) ..... Date & Place of Signing g~.-,~<r.c.~, ~/A ~! PERJURY Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($$,000.00), or by both imprisonment and fine (RCW 9A.20.020 (lC)). DISTRIBUTION: Original - County Treasurer 1st Copy - Department of Revenue 2nd Copy - County Assessor 3rd Copy - Taxpayer FOR TREASURER'S USE ONLY FORM REV 84 000lA (6-93) (PD 6-10-93) AGENDA BILL BREMERTON CITY COUNCIL ORIGINATING DEFT: Executive ' Purchase of Salvation ORIGINATOR: Ian R. Siever~.z Army Site, 138 Washington City Attorney Avenue ~ ~l~~~,~ DATE SUBMITTED: December 14, 1993 2. CL~CES: (C~ nt on back if necessary) 3. EXHIBITS: -Real Estate Purchase CITY TREASURER Agreement between  the City and Olympic __ College DIRECTOR OF PARKS AND RECREATION -Appraisal on file with .~:~~.~.~~~ ~' the City Clerk FISCAL& BUDf~ET ~O.MMITTEE OPERATIONS COMMITTEE _ _COUNCIL PRESIDENT 4. SU~Y STATEMENT AND REOUIREMENT FOR COUNCIL ACTIONS The same appraisal in the recent sale approval of City properties at Warren Avenu( and 17th and 15th and Broadway appraised the Salvation Army site at $165,000.00. A letter of January 15, 1993, from the Washington Department of Genera[ Administration, acting for Olympic College, addressed an interest by the Breme~ Trust in offering the Salvation Army Building at 138 Washington Avenue for sal~ at this price. Staff has discussed purchase of the Salvation Army Building with the Park~ Commission in order to consolidate publicly owned parcels in the Downtowr Waterfront Urban Renewal Area controlled by the Parks and Recreation Department. The Parks Department will ultimately demolish the Salvation Army Building. This purchase will enlarge Park assets on the waterfront and especially wit~ frontage on Washington Avenue, will ~nhance the value of the total parcel fo~ resale to developers who can meet the City's redevelopment objectives. 8. RECOMMENDATION: Move to authorize the Mayor to enter into a Purchase Agreement with Olympic College to purchase the Salvation Army site as an asset of the Roosevelt Cagita[ Asset Fund and adopt resolution~~_-for interfund loan to Roosevelt Capital Assets Fund. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE 0F .CTION COUNCIL DIRECTIVE: , (OVER) 5. IMPACT OF NON-PASSAGe: Sale of the Salvation Army Building to a non-public entity would negatively impact redevelopment of the Downtown Waterfront Urban Renewal Area. Numerous private owners of small parcels within this area complicate and delay ultimate redevelopment. Delay in redevelopment has a direct negative impact on the Par~ and Recreation Department,s ability to generate funds to replace Roosevelt Field. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCEE~ Proposed funding is the Roosevelt Capital Assets Fund and the property would b~ managed as an asset of this fund along with other waterfront properties in th~ fund. The demolition is estimated at $35,000.00 7. RESEARCH 8OURCES= AGENDA BILL BRENRRTON CITY COUNCIL ~ . 1. SUBJECT: FOR AGENDA OF: May '26, 1993 - Property Exchange Agreement ORIGINATING DEFT: Community Development between the City of Bremerton ORIGINATOR: Development Manager and Olympic College with Budget DATE SUBMITTED: May 13, 1993 Adjustments 2. ~: 3. EXHIBITS: City Attorney: 'A. Resolution Authorizing Interfund Loan City Treasurer: to Roosevelt .Capital Assets Fund from Director of Parks & Rec. the Equipment Rental Reserve Fund' Director of Comm. Dev. B. Budget. Adjustment: Roosevelt Capital Development Mgr. Assets Fund '.. C. Budget Adjustment: Equipment Rental Reserve Fund D. Exchange Agreement between · ' the City and Olympic College ENDORSEMENT. ~( INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4.SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: In a letter dated Jm~um7 15, 1993, the State of WusMngmn De~'*ment of General Administration, acting for 01}topic College, stated its interest in t~o .~ity o~ed lmrcels at 1548 hrren Avenus (City S~) ~nd the ~orth~ust corner of 15th and Brusdeay. The letter also addressed an interest by the ~reaer Trust in ~ffering the Salvation Army Building at 138 #a~hin~on Avenue. Mchard md Associates of Bre~erton was selected by the City and 011topic Collnge to appraise the three properties. The two City mined ~rcels were appraised for a total of $213,500 and the appraised value of the Salution Amy Building in $16%000. The Breaer Trust will transfer title of the Salvation Ar~ 5uilding to 01~mpic College w~ich will in turn "exchange" the property plus $45,500 in tush for the Cit7 propert7 valued at $213,500. Ado~tien of the 1993 ~u~et anticipated sale of ttmse city owned parcels. Staff has discussed purc~mse of the Salvation Ar~ Building with the Perks :omission i~ order to consoli~to ~licl¥ o~ned ~arcels in the Do,tram ~aterfront ~rban ~enewal Area controlled by the ?~rks md Recreation Department. The 0eperlment will ultimately demolish the Salvation Amy Building. 9L~S sale is rsc~mmdad ~s a negotiated sale with waiver of competitive biddin~ procedures of Policy 1-6 due to unique benefits received from the e¥change. · e addition to the 01~mpic Collnge ca~us will allo~ a consolidation of educational prog~, at the Bremerton ~ain ca~pus. The enlargement of l~rk assets on the ~aterfrent, especially with frontage on #ashingten Avenue, will e~hance the value of the total parcel for resale to developers ~ho c~n meet the CitT's redevelopment objectives. 8. RECOMME,,"DATION: Move to adopt ResOlution authorizing an Interfund Loan to the Roosevelt Capital Assets Fund from the Equipment Rental Reserve Fund and to approve the Budget Adjustment Request(s) to implement said Resolution. Move to authorize the Mayor to enter into an Exchange Agreement with Olympic College and waive surplus property procedures, on sale relating to Planning Commission review and competitive bidding. 9. RESPONSIBLE OFFICIAL: ENFOR(;EMF-NT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION P~D TABLED APPROVED DISAPPROVED __ ANRNDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BI?.~, NO.: ~.~BOT.UTZON NC). A RESOLUTION authorizing an interfund loan to the Roosevelt Capital Assets Fund from the Equipment Rental Reserve Fund. WH~F,%S, the Roosevelt Capital Assets Fund has at this time a need for cash with which to purchase certain real property commonly known as the "Old Salvation Army Building"; and WH~P~S, the size and nature of this transaction does not lend itself to an external financing; and W~KP~S, surplus cash in an amount sufficient to accommodate this property purchase if presently on hand in the Equipment Rental Reserve Fund; NOW, TH~P~POP~, let it be resolved that the City Treasurer is hereby authorized and directed to make an interfund loan from .the Equipment Rental Reserve Fund to the Roosevelt Capital Assets Fund in an amount not to exceed $200,000. This loan shall bear interest at the rate of six (6) percent per annum and shall be payable in ten (10) equal annual installments of principle and interest commencing with the first anniversary of the making of the loan. ADOPTED by the City Council of the City of Bremerton this day of , 1993. EILEEN FITZ, Council President ATTEST: > KATHLEEN L. McCLUSKEY, Ci'ty Clerk CITY OF BREMERTON No. 93-?a BUDGET ADJUSTMENT REQUEE;T Requesting Department: R336~'v~T C~I'r_.~ ~ ~ SOURCE OF FUNDS: USE OF FUNDS: ~ ~:[tO_ULg J~ Amount Proceeds of Interfund Loan $200,000 Property Acquisition $165,000 Demolition 35,000 NARRATIVE: This adjustment will provide budgetary capacity necessary for acquisition of the "Salvation Army" property and the related Interfund Loan. Department Head Signature Date Director Signature Date Treasurer Comments: [----] Recommended ~] Not Recommended ~e Date~ Mayor Comments: ~ Recommended ~ Not Recommended ~-~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: ~ Recommended ~ Not Recommended ~-~ Approved [----] Denied Fiscal & Budget Committee Signature Date CITY OF BREMERTON No. 93-?b BUDGET ADJUSTMENT REQUEST Requesting Department: t~U]~ ~ Rl~ .... SOURCE OF FUNDS: USE OF FUNDS: Decrease Ending Cash $200,000 Disburse Interfund Loan $200,000 NARRATIVE: This adjustment will pro.vide budgetary cal)aei'ty necessary for acquisition of the "Salvation Arnly" property and the related Interfund Loan. .Department Head Signature Date Director Signature Date Treasurer Comments: [:.~ Recommended ~ Not Recommended -'~ .......... ~~, 4(,'~ Treasurer's Signature Date Mayor Comments: ~ Recommended ~ Not Recommended ~ Approved ~ Denied Mayor's Signature Date Fiscal & Budget Committee Comments: ~ Recommended ~ Not Recommended ~-~ Approved [----} Denied Fiscal & Budget Committee Signature Date o LEGAL DEPARTMENT ' x ,~ t Loila Mills ~os~ut~g A~orney Gateway to the O~mpics and Home o[ the POa~al ~yar~ 9 9 4 T. David A~da~ Dean ot Business Services 1600 Chester Bre~erton, WashingLon 983~0 Re: City/College Property Sa~es Dear Nike: Enclosed ts the original Real Estate Purchase Agree~en~ for ghe Salvation Army Site approved by ~he City Council ghts week. X confirmed our intent to proceed with i~edia~e demolition of ~he building on this site with Eddy Chu, Director of Public Wor~s and Utilities. Rich NcDonald ~ay continue to re~ove asbestos wiLh abandon. Nt. Chu a~so wilt d~aw up a short suggesged plan ot action for the underground fue~ ~an~ removal for your consideration. He s~aged ghag since the sidewalR will be los~ in any event, ig may be advantageous ~o ~emove ~he ~an~ before closing go begLe~ assess any residual worR needed. Rich NcDona~d or yourself may congac~ Nt. Chu directly at 478-5315. ~r. Chu believes gha~ progress ag Zhe Public ~ot~s Complex will allow the City to close on the origfnal closing date, bu~ we will keep you informed it things do nog progress as p~anned. Finally, X have instructed our Legal Assistant ~o request extended policy coverage for title insurance in regard to the ~arren Avenue Site, with the additional cost assu~ed by the Co~ege aL closing. Please forwarded executed originals of bo~h Purchase Agreements for our closing file. Than~ you. Sincerely, IRS:jrd Enclosures: as cited / cc: Eddy Chu, Director of Public Works & Utilities/ Kathleen ~%~¥,~ ~~,~e~S9~¥~9~ Director · ENGINEERING DIVISION · Gateway to the Olympics and Home of the Puget Sound Naval Shipyard MEMORANDUM To: Eddy Chu From: Randy W± tt~[~l~ Subj: Salvation Army Building (E4.208) Demolition and Paving for a Temporary Parking Lot Date: February 14, 1994 The Engineering Division has been requested to develop a parking lot plan for the existing Salvation Army Building site and cost estimates for demolition of the existing building and construction of the parking area. This memo summarizes our evaluation of the project. EXISTING SITE CONDITIONS The site is currently occupied by the old Salvation Army Building, owned by the Bremer Trust~ The site is bordered by Washington Avenue, Second Street, Terminal Way (a vacated street) and by the Bremerton Historical Museum (see attached location map). The building is approximately 20 feet tall, on a built up foundation wall approximately level with Washington Avenue. There is a small basement in the center of the building which contains the furnace and small storage/access area. The remainder of the foundation appears to be filled with dirt below the wood floor of the building. Attached is a drawing showing the existing site plan and cross section. Issues associated with the existing site which affects its demolition: . There is a heating oil storage tank under the side walk on Second Street which serves the building. This needs to be removed, certified clean and the sidewalk repaired. This should be done prior to start of demolition or purchase. · It appears that there may be a tank of some kind under the building on the Washington Avenue side. What this may be can not be determined until the building is removed and the area investigated. This will need to be coordinated with the Bremer Trust during excavation. 286 4TH STREET · BREMERTON, WA 98310 · (206) 478-5270 An Equal Opportunity Emp~enj~r · The building had asbestos in it. Rich McDonald of the Bremer Trust indicated that the asbestos has been removed· Certification of complete asbestos removal by the state needs to be received prior to start of building demolition or purchase. · The building is immediately adjacent to the Bremerton Maritime Museum Building. It appears that there is a physical separation between the buildings· This will need to be closely monitored to prevent damage to the adjoining building· The street sides of the building have overhead power and telephone lines adjacent to the building· The existing pole at Second Street and Terminal Way is in poor condition and will be replaced by Puget Power in conjunction with the demolition project· The demolition will need to be planned and coordinated so as not to damage the power and telephone lines. PARKING LOT LAYOUTS Two parking lot layout conceptual plans have been developed· A variation on each plan to provide a handicap space, if desired, is included. This section first discusses the specifics of the two alternatives, followed by a discussion of issues common to both alternatives. Attached is a drawing showing each alternative. Alternative 1 - Access from Washington Avenue This alternative has the following features: · Remove the existing building and basement area. · Grade within the wall footing such that the wall provides a railing on the Second Street and Terminal Way sides. · Construct driveway opening on Washington Avenue and the necessary paving, drainage, landscape, lighting and other improvements· Estimated demolition cost= $43,970 Estimated parking improvement costs= $23,270 · Estimated total improvement cost = $67,240 Estimated annual revenue (21 spaces) = $10,280 Issues associated with the alternative are: · The driveway entrance is close to the intersection of Washington Avenue and Second Street· However, the amount of traffic entering and leaving the lot on daily basis is small and should not pose a problem. · The foundation wall will remain. It will need to be removed when a future development of the site occurs. In the meantime, it should be painted. Alternative 2 - Access from Terminal Way This alternative has the following features: · Remove the existing building, basement and foundation wall. · Grade to follow the slope of Second Street. Construct a driveway opening.on Terminal Way and the necessary paving, drainage, landscape, lighting and other improvements. Estimated demolition costs= $58,100 · Estimated parking lot improvement costs $18,600 · Estimated total costs = $76,700 · Estimated annual revenue (18 spaces) = $ 8,810 Issues associated with this alternative are: Terminal Way is the preferred access for traffic circulation and safety. · Three existing parking spaces on Terminal Way are lost to create driveway. Issues cQmmon to alternatives 1 and 2. · A zoning ordinance site plan review is required. A design review per the downtown waterfront urban renewal plan is required. A shoreline conditional use permit is required. A HPA evaluation by the State Department of Fisheries is required. · A SEPA checklist is required. The estimated time to prepare and process the permits is 8 to 10 weeks, if no appeals or agency changes are received. A handicapped space is not required, but could be incorporated as shown on each plan. · The use permit will expire, unless renewed, in 5 years. Attached is a memo from the Planning Department discussing issues on the lot development. Alternative 3 - No Parking Lot. Demolish Building This alternative involves removing the existing building or the existing building and foundation wall, grading the site and leaving it unimproved. This would require periodic mowing of the site. It was not considered an acceptable alternative because of the litter, weed abatement and aesthetic issues. Additionally, none of the funds expended would be recouped during the period the site was vacant. Alternative 4 - Do Nothing. This alternative involves purchasing the site and leaving the building as is. This alternative was not considered acceptable because of liability, safety aesthetic and future marketability considerations. Recommendation I recommend Alternative 1 Without handicap parking be selected. The justification for this is the available funding to construct the lot. The Mayor and Council need to affirm this alternative or select one of the other alternatives presented and allocate funding. The City Attorney needs to complete the purchase of the site. This issue will be taken before the Operations Committee and the Fiscal and Budget Committee, then presented to the Council as part of the Mayor's presentation. When the alternative is selected and site purchased, it will take approximately 3-1/2 months to complete plans, obtain permits and begin construction. It is anticipated that construction will take 5 weeks. If you have any questions about this project, please call me at X5348. 94062 Attachments ~: Lynn Horton, Mayor Don Pratt Ian Sievers Vicki Vanneman  [~ ST. PU %  7TH ST. SI SI SI 2ND SI. 23 ~24 PROJECT LOCATION ,," scAu: I CITY OF BREMERTONi SALVATION ARMY SITE IMPROVEMENTS HORIZ. ! :400 DEPARTMENT OF PUBMC WOFIK8 & UllUllE8 SITE MAP PLOT ,,PS 1:1 E#C~INEENINQ DIVISION DRAWING NO. DRAWN BY: R~E / DESIGN BY:.,. CHECKED BY: SHEET DATE 2-9-94 DATE ~ DATE 1 OF = 100'± ~ Z 0 >- z ~ SALVATION ARMY BUILDING ~- _j 20' ~ < ~: ~- j___l.6, ~o ,~ : : ~ - SMALL BASEMENT AREA ~ND S~RE~ SIDE VIEW 1"=20' /-"~7"~"~"~ SALVATION ARMY BLDG FOOTPRINT POSSIBLE ,~__~ TANK UNDER BUILDING PLAN VIEW x,,,~,,?.¢ ; 1"=30' ' SCALE CITY' OF BREMERTON HORIZ. ASNOTED DEPARTMENAT ~ PU~UC WO.Km SALVATION ARMY BUILDING UTIUTII8 PLOT PS 1:1 EN~#I~E,=ImQ DlVlmION EXISTING CONDITIONS DRAWING NO. DRAWN BY: RBE I DESIGN By:_RW I CHECKED aY: SHEET SALVATIO DATE 2-10-94 DATE 2-14-94 DATE 1 OF 1 / REMOVE BUILDING ~: SALVATION ARMY BUILDING ' . REMAIN 2.ND S'f REE'I' SIDE VIEW =20 P AR KIN G LO T ~~ ,OT, ~.,c~, PLAN VIEW =,..50' ~ BREMERTON [ SALVATION ARMY BUILDING & U~UTIEI ~,~A~ .,~,.,o. I ~.~,.~ .o~ ~OUT - A.T~...~,V~ DRAWING ~ ~ ACCESS FROM WASHINGTON ~[ DATE 2-10-94 [ DATE 2-14-94 ~:' ~ J DATE ~ REMOVE BUILDING SALVATION ARMY BUILDING aG, , SIDE VIEW 1"=20' PARKING PLAN .¢~ .o,,,~c~, .,, PLAN VIEW =30 sC~_E CITY OF BREMERTON SALVATION ARMY BUILDING HORIZ. AS NOTE: DEPARTMENT OF PUBLIC WORK8 & UllUllE~ PARKING LOT LAYOUT - ALTERNATIVE 1-HC PLOT PS 1:1 ENGINEERIN~ DIVISION ACCESS FROM WASHINGTON DRAWING NO' DRAWN BY: RBE I DESigN By:. RW I CHECKED BY: IsHEeT SALVATIO -OP2 DATE 2-10-94 DATE 2-14-94 DATE 1 OF 1 REMOVE BUILDING AND FOUNDATION I_ I - 100'± -- I .~: SALVATION ARMY BUILDING ;-: ~o' bJ 6' TO 11' ~ ~t ~-'""- "~'--'}- ~ BUILDING FOUNDATION 2NO S~REE~ SIDE VIEW 1"=20' PARKING PLAN LOST STREL="r SP.,~CES 3 P~N VIEW =30 sc~ CITY OF BREMERTON SALVATION ARMY BUILDING HO.IZ. AS NOTE[ D~*R~T ~ ~IUC A U~U~ PARKING LOT ~YOUT ALTERNATIVE 2 PLOT PS 1:1 EN~NE~ DIVISION ACCESS FROM TERMINAL WAY DRAWING NO' DRA~ BY: R~ I DESI~N By: RW I CHECKED BY: I shE~ SALVATIO -OP1 DATE 2-10-94 DATE 2-14-94 DATE 1 OF 1 REMOVE BUILDING AND FOUNDATION I_ I - J 100'+ - ~ -{ ~ SALVATION ARMY BUILDING -Ho' 61 TO 11' I BUILDING FOUNDATION 2ND s~REE~ SIDE VIEW 1"=20' PARKING PLAN LOST STREA'T SPACES PLAN VIEW .~r .~, 1"=30' /,,,~'~ SC~_~' CITY OF BREMERTON SALVATION ARMY BUILDING HORIZ. AS NOTE DEPARTMENT OF PUBUC WORK8 & Ul~U~IEs PARKING LOT LAYOUT ALTERNATIVE 2-HC PLOT PS 1:1 EN~I#EERINQ DIVISION ACCESS FROM TERMINAL WAY DRAWING NO. DRAWN BY: RBE DESIGN BY:.RW I CHECKED BY: SHEET SALVATIO -OP~3 DATE 2-10-94 DATE 2-14-94 I DATE 1 OF PRELIMINARY COST ESTIMATE SALVATION ARMY BUILDING DEMOLITION PARKING LOT ALTERNATIVE 1 Price Per Item Ouan Unit Unit Total 1. Demo Building 1 LS $18,000 $18,000 2. Landfill Tip Fees 2,550 CY 5.68 14,484 3. Driveway 22 SY 18 400 4. Curb & Gutter 26 LF 10 260 5. AC Pavement (2") 69 Ton 30 2,070 6. Base (4") 133 Ton 12 1,600 7. Catchbasin 1 EA 850 850 8. Manhole 1 EA 2,000 2,000 9. 8" Pipe 50 LF 15 800 10. 4" Perf Pipe (Wall found) 270 LF 10 2,700 11. Striping 1 LS 1,000 1,000 12. Parking Lot Pay Box 1 EA 500 500 13. Landscaping 190 SY 16 3,040 14. Benches 2 EA 600 1,200 15. Parking Bumpers 21 EA 40 840 Subtotal $49,744 Contingency (15%) 7,462 WWST (8.1%) 4,030 Design & Inspection (8%) 3,980 Permit & Development (4%) 1,990 Total Estimated Cost $67.206 Note: The street light cost is .approximately $20 per month to operate. (Deducted from monthly revenue). Demo Portion: 43970 (65% +-) Lot Portion: 23270 (35% +-) 94062 SALVATION ARMY BUILDING DEMOLITION PARKING LOT ALTERNATIVE 2 Price Per Item Ouan Unit Unit Total 1. Demo Building 1 LS $18,000 $18,000 2. Demo Foundation Wall 1 LS 10,000 10,000 3. Landfill Tip Fees 2,650 CY 5.68 15,052 4. AC Pavement (2") 69 Ton 30 2,070 5. Base (4") 133 Ton 12 1,600 6. Catchbasin 1 EA 850 850 7. Manhole 1 EA 2,000 2,000 8. 8" Pipe 50 LF 15 800 9. Striping 1 LS 1,000 1,000 10. Parking Lot Pay Box 1 EA 500 500 11. Landscaping 190 SY 16 3,040 12. Benches 2 EA 600 1,200 13. Parking Bumpers 18 EA 40 720 Subtotal $56,832 Contingency (15%) 8,525 WWST (8.1%) 4,604 Design & Inspection (8%) 4,457 Permit & Development (1%) $.274 Total Estimated Cost $76,692 Note: The street light cost is approximately $20 per month to operate. Demo Portion: 58100 (76% +-) Lot Portion: 18600 (24% +-) 94062 Date: February. 15, 1994 To: Randy Witt, City Engineer Fro.~ JackAL11ingham, P1~nningDiv~sion~~ Subj: Salvation Army Parking Lot ~ The Salvation Army site is located within the DOwntown Waterfront Urban Renewal overlay zoning district which designates the area as a Commercial/Residential/Tourist (CRT) district. Parking is an allowed use within this district subject to the Shoreline Master Program (SMP) regulations. Because the site is outside the 200~ shoreline area, it is exempt from obtaining a shoreline conditional use permit, but will require Zoning Ordinance Site Plan Review and Design Review per the Downtown Waterfront Urban Renewal Plan. Also, it must comply with the following criteria: I. SMP: Permitted Subject to Conditional Use Permit: Commercial parking lots, consistent with the following criteria: 1) The parking lot is designed and managed for use by visitors and patrons of uses within the downtown waterfront, and not available for employee parking. (This can be met using ~ combination daily/weekly fee schedule designed to discourage long term employee parking) 2) Parking stalls and drives are set back at least 25 feet from the OHWM. (Proposals comply) 3) The site plan features significant amenities and access to the shoreline. (Shoreline access is non-issue, concepts utilizing a raised planter along Washington Ave that could provide pedestrian seating and buffering would meet this criteria.) 4) The permit shall expire unless renewed every five (5) years. (Zoning Ordinance Site Plan Review/DWURP Design Review would be conditioned to limit use for no longer than 5 years subject to renewal.) Other considerations: SEPA: Environmental review required for demolition of building and creation of parking lot with parking of more than 20 automobiles. Landscaping: No landscaping credit available from upper lot for additional parking spaces on the lower lot. RESOLUTION NO. A RESOLUTION authorizing an interfund loan to the Roosevelt Capital Assets Fund from the Equipment Rental Reserve Fund. WNI~REA$, the Roosevelt Capital Assets Fund has at this time a need for cash with which to purchase certain real property commonly known as the HOld Salvation Army Building; and W~REAS, the size and nature of this transaction does not lend itself to an external WI~REAS, surplus cash in an amount sufficient to accommodate this property purchase is presently on hand in the Equipment Rental Reserve Fund; NOW, TIIEREFORE, let it be resolved that the City Treasurer is hereby authorized and directed to make an interfund loan from the Equipment Rental Reserve Fund to the Roosevdt Capital Assets Fund in an amount not to exceed $150,000. This loan shall bear interest at the rate of five and three quarters (5 3/4) percent per annum and shall be payable in ten (10) equal annual installments of principle and interest on December 31 each year commencing December 31, 1994. ADOPTED by the City Council of the City of Bremerton this ~c:~-I'~- day of ~ 199~. (,/- -] ' ATTEST: KATttt,EEN L. McCLUSKEY, ~CC~erk OFFICE OF THE CITY ATTORNEY · IAN R. SIEVERS, CITY ATYORNEY November 25, 1991 Dr. Michael D. Connolly Dean of Business Services Olympic College 16th and Chester Bremerton, Washington 98310-1699 Re: Transfer of property tO east of Olympic College Steam Plant Dear Dr. Connolly: The matter of the transfer of property to the east of the Olympic College steam plant has been referred to me. It is my understanding that the College would like to acquire that property to expand the parking lot between 15th and 16th on Broadway. Although there has been some correspondence requesting a transfer without consideration, I do not think that that is likely, despite the fact that the City acquired the Property with State funds. Paragraph 4 of the January 16, 1980 Letter of Understanding Re: . Site Exchange and Access Road Construction provides: 4. Upon completion of the improvement, the parties shall negotiate the conveyance by the City to the State of that property obtained by the City directly east of the heat plant that is. not needed as right-of-way for the new access road. Said negotiation shall include negotiation of the compensation to be paid by the State therefore. Gerry Thornburgh of the City Engineer's Office has assigned a value of $12,446.00 to the property in question. This is based on a value of $2.00 per square foot for the 6,223 square feet of property. 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5345 An F. qual Opportunity Dr. Michael D. Connolly November 25, 1991 Page 2 If you are in agreement on this price, please contact me and I will take the necessary steps to prepare the sale of this property to the College for presentation to the City Council. Very truly yours, ~A~sistant City Attorney JJM:jrd cc: Kathleen McCluskey, Administrative Services Director May 10, 1991 Dr. Michael D. Connolly Dean of Business Services Olympic College 16th and Chester Bremerton, Washington 98310 Dear Mike: Just wanted to let you know I have not forgotten your request to acquire property east of your heating plant on the corner of Broadway and 15th. I have routed your letter to several departments for comment regarding surplus of the right of way. Our right of way surplus process requires a hearing in front of the planning commission. Their recommendation is then taken to council. As the property was acquired with State funds, I've asked the City Attorney to research the statutes to determine if the State requires reimbursement. I will let you know the status of your request as we progress. Sincerely, Kathleen L. McCluskey Administrative Services Director CITY OF BREN~RTON ADMINISTRATIVE SERVICES DEPARTMENT MEMORANDUM To: Ian Sievers, City Attorney From: Kathleen L. McCluskey, Administrative Services Director Date: May 10, 1991 Subject: ROW vacation request - Olympic College Attached is a copy of Dr. Connolly's request for vacation of the property east of their heating plant on the corner of Broadway and 15th. Also enclosed is a copy of Gerry Thornburghs response to my questions regarding value of the property and how it was obtained. Should this be handled through our normal right of way vacation procedures? Because this was purchased with state funds and at no cost to the city, would we vacate at no cost to the College? ME~O 30 APRIL 1991 TO: )~qTHLEEN MCJ].US~EY, CITY CLER~ FRO~: GERRY THORNBURG~, OFFICE ENGINEER ~i)JECT: YOUR MEMO OF ~9 APRIL 1991 ANI) DR CONNOLLY'S L_FTTER REGARDING EX.SS PROPERTY NEAR THE COLLEGE HEATING PLiqNT. Back in 1900 the City ~as granted some mone~ to built what we call the "0 C ~pass". The money came fr~ the State School funds at 100 percent to the City. This required no monL~/ fro~ the City budget including Gas lax With that money, I purchased 4 houses that were in the way and had to be removed fo~ construction. Next to the College heating plant there is an excess parcel of approximately 6~3 sq ft at a value of approximately ~.00 per sq ft for a total value of $12,446.00, which ~as not needed fo~ right-of-way. If the City is going to surplus the property, we will provide a description for the deed. Would someone olease tel1 me why m~ printer is printing s~mall? cxTrl' OF BR.BMBRTOH ADM/II/STRATI*VE 8BRV/CE8 xBxoR&HDUX Date: April 29, 1991 To: ~err~ Thornburgh, Engineering Dept. From: Kathleen McCluskey, Director of Administrative Services Attached is a copy of a letter from Dr. Connolly regarding a parcel of property east of their heating plant on the corner of Broadway and 15th St. The surplus procedures differs dependent upon whether this property is considered right of way or simply a real property. Please let me know how this was acquired, any restrictions, size, value and status (ROW or not). Thanks KM:eh attachment O LYM PI C CO LLEG E 16th and Chester, Bremerton, Washington 98310-1699 Serving Kitsap and Mason Counties Apri 1 11, 1991 Ms. Kathy McCluskey City Clerk 239 Fourth Street Bremerton, Washington 98310 Dear Kathy: Welcome back. Hope you enjoyed your vacation. I have spoken to Don Pratt and Gerry Thornburgh concerning the piece of property affectionately called Sexton Memorial Triangle. You might more readily refer to it as the property due east of our heating plant on the corner of Broadway and 15th. Mr. Thornburgh's opinion, simply put, is the city acquired the property with funds provided by the state to construct the Broadway Bypass and that this leftover piece could or should have been deeded over to the college when that project was completed. The college would like to acquire the property to expand the parking lot between 15th and 16th on Broadway. We would certainly be willing and grateful if the City would simply deed it over to us as surplus but we would also be willing to purchase it from the City if the price were reasonable. Gerry and Don both tell me you are the person to get the ball rolling. Please give me a call and let me know what I can do in furtherance of this end. Best wishes, MDC/dlh CITY OF BRENRRTON ADMINISTRATIVE SERVICES DEPARTNR~NT MEMORANDUM To: Don Pratt, Department of Community Development From: Kathleen L. McCluskey, Administrative Services Director Date: May 10, 1991 Subject: ROW Vacation Request - Olympic College Attached is a copy of the request for right of way vacation from Dr. Connolly and Gerry Thornburgh's response to my memo of 4/11/91. Sale of this parcel would be subject to our right of way vacation procedures, however I am not sure if we can charge for the vacation as the property was obtained with State funds. I've asked the city attorney to respond to that question. Our right of way vacation procedures are set out in BMC 11.20. I've attached other pertinent information regarding vacations as well. Of particular interest is Resolution #1936 setting out fees for vacations and other planning activities. Have we been charging this? Are the fees cited in this resolution still used by your department? I'll let you know when the attorney responds to the sale price issue. ADMINISTRATIVE SERVICES · KATHLEEN MeCLUSKEY, DIRECTOR Gateway to the Olympics and Home of the Puget Sound Naval Shipyard America's Most Liveable City March 5, 1993 Mr. Mike Connolly Dean of Business Services Olympic College 13th and Chester Bremerton, WA 98310 Dear Mike: Enclosed is the invoice from Richards and Associates for appraisal of the Salvation Army, Water Shop, and First and Broadway properties. The City has paid one-half the appraisal cost. It is my understanding that the College agreed to pay one-half as well. Please make payment directly to Richards and Associates. Sincerely, Director of Administrative Services KLM:eh enclosure 239 4TH STREET · BREMERTON, WA 98310 · (206) 478-5290 A,~ Om on~,,,,a~ ~.~.~ 908 BERTHA AVENUE BREMERTON, WASHINGTON 98312 (206) 479-2332 Date: March 2, 1993 Account No.: 92-352 Orig. Billed: December 4, 1992 Louis Mentor, Mayor City of Bremerton 239 4th Street Bremerton, WA 98310 STATEMENT OF' ACCOUNT Subject: Appraisal of Three City Parcels in West Bremerton APPRAISAL SERVICE FEE ................... $8,000.00 payment Received 2/26/93 4,000,00 BALANCE DUE $4,000.00 Terms: Net Upon Receipt In.rest at the highest rate allowed by law after 10 days past due. REAL ESTATE PURCHASE AGREEMENT __ TI-IlS AGREEMENT is by and between the STATE OF WASHINGTON, State Board for Community College Education on behalf of Community College District 3, OLYMPIC COLLEGE, (hereinafter referred to as "Seller") and CITY OF BREMERTON, a Washington municipal corporation, (hereinafter referred to as "Purchaser"). 1. DESCRIPTION OF PARCELS: Purchaser agrees to purchase and Seller agrees to sell and convey, upon the terms and conditions contained herein, that real property located at 138 Washington, Bremerton, situated in Kitsap County, State of Washington, legally described as: Lots 8 and 9, Block 2, Town of Bremerton, Volume 2 of Plats, Page 30, Records of Kitsap County, Washington; together with portion of vacated alley adjoining. (hereinafter referred to as "Salvation Army Site"). 2. SALVATIONARMYSITE FOR SALE: It is anticipated and a contingency of this Real Estate Purchase Agreement that the John Bremer and Edward Bremer Consolidated Trust shall donate, upon execution of this Agreement and prior to closing, the property in downtown Bremerton generally known as the Salvation Army Site. This Trust is a charitable trust whose sole beneficiary is Olympic College. The Salvation Army Site has no educational utility for Olympic College. 3. PAYMENT: The parties have reviewed an appraisal of the site to be purchased under this Agreement, conducted by Richards & Associates on December 2, 1992, and have agreed that the fair market value of the site is One Hundred Sixty-five Thousand Dollars ($165,000.00) and said sum is agreed to be the purchase price for the above property. REAL ESTATE PURCHASE AGREEMENT -1- SaI-Army.Agt - RealEste - 12/I 5/93 4. CONTINGENCY OF APPROVAL OF TITLE ENCUMBRANCES: The status of thc Seller's title will be shown in a preliminary commitment for an owner's standard coverage ALTA form title insurance policy issued by Land Title Company of Kitsap County, which commitment will be obtained by the Seller at the Seller's expense, and delivered to thc Purchaser within fifteen (15) days of the Purchaser's signature on this Real Estate Purchase Agreement. Said preliminary commitment shall have attached thereto photocopies of all documents shown as encumbrances to the title of the Seller. Purchaser must, within fifteen (15) days of delivery of said preliminary commitment by the Seller, approve in writing the title and encumbrances or defects thereto or give notice of unacceptable encumbrances. If the Purchaser docs not give said written approval or if, within ten (10) days of the Seller's receipt of Purchaser's list of unacceptable encumbrances, Seller does not agree in writing to remove those encumbrances objected to by the Purchaser at or prior to closing, this Real Estate Purchase Agreement shall, at the Purchaser's option, become null and void and all rights of the parties hereunder shall terminate. 5. CONVEYANCE BY STATUTORY WARRANTY DEED: At closing, fee title to the Salvation Army Site shall be conveyed to the Purchaser by Statutory Warranty Deed, subject only to those defects and encumbrances approved by the Purchaser pursuant to Paragraph 4 above. 6. TITLE INSURANCE: At closing, the Seller agrees to provide, at its expense, an owner's standard ALTA form policy of title insurance issued by Land Title Company of Kitsap County, said policy containing, in addition to the normal printed exceptions, only those defects and encumbrances approved by the Purchaser pursuant to Paragraph 4 above. REAL ESTATE PURCHASE AGREEMENT -2- SaI-Army.Agt - RealEst¢ - 12/15/93 7. POSSESSION: Purchaser shall be entitled to possession of the tract it purchases upon the closing of this transaction. 8. ESCROW CLOSING AGENT: This transaction shall be closed by the Bremerton City Attorney, located at 239 Fourth Street, Bremerton, Washington. 9. CLOSING COSTS AND PRORATIONS: The Seller agrees to pay for the costs of clearing the Seller's title to the Salvation Army Site, including any delinquent property taxes and any real estate excise tax related to the Salvation Army Site. Real estate taxes for the year of closing and utilities constituting liens against the property shall be pro-rated as of closing. Any assessments shall be paid by the Seller. This Real Estate Purchase Agreement shall not be recorded. 10. CLOSING DATE - TERMINATION DATE: This agreement shall terminate at 5:00 p.m. on the closing date. This transaction shall be closed simultaneously with the closing of the Purchase Agreement for the Warren Avenue/Broadway sites by the College from the City if said Purchase Agreement is in effect on the effective date of this agreement. If not, the transaction shall be closed 60 days after the date on which the Purchaser signed this Agreement. 11. INSPECTION OF PROPERTY- AS IS: (a) Mutual. Independent Inspection. Purchaser represents and warrants to Seller that it has completed, prior to the effective date of this Agreement, to its complete satisfaction, all appropriate inspection of the respective Salvation Army Site and accepts the same, AS IS, with all defects, except a) the Seller shall be responsible for removing building asbestos, and develop a plan for removing the underground fuel tanks accessory to the site REAL ESTATE PURCHASE AGREEMENT -3- SaI-Army.Agt - RcalEste - 12/15/93 in the adjacent vacated alley, as well as associated contaminated soil which is acceptable to Purchaser prior to closing, and b) subject to the indemnity as to hazardous waste provided under paragraph 1 l(~l) below. (b) No Warranties as to Suitability. Seller makes no representation, covenant or warranty with respect to the condition of the Salvation Army Site, nor of any improvement to the premises of the site, nor as to the suitability for or conformity of the premises of the site to any past or desired present or future land use, or to any building code, zoning or other shoreline, environmental, health, safety or other regulatory concern relative to past use, present use or future and intended use by any party or others. The Seller hereby notifies and informs the Purchaser that its knows of no release of any significant quantity of any hazardous substance which may have occurred at the site. (c) Indemnity for Hazardous waste. i. Seller shall indemnify and hold the Purchaser harmless from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits and other proceedings and costs and expenses (including attorney's fees and disbursements) which accrue to or are incurred by the Purchaser on or after conveyance of the property which arise directly or indirectly from or out of: (a) any activities on the property prior to the possession thereof pursuant to this Agreement which have directly or indirectly resulted in the property becoming contaminated with hazardous substances; (b) the discovery of hazardous substances on the property; and (c) the cleanup of hazardous substances on the property. As used herein, "hazardous substances" means: Any substance, waste or material defined or designated as REAL ESTATE PURCHASE AGREEMENT -4- SaI-Army. Agt - RcalEste - 12/15/93 hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect, including, but not limited to, the statutes listed below: Federal Resource Conversation and Recovery Act of 1976, 42 U.S.C. §6901, et sea_. Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. §9601, et s~_. Federal Hazardous Materials Transportation Control Act, 49 U.S.C. §1801, et seq. Federal Clean Air Act, 42 U.S.C. §7401, et sea_. Federal Water Pollution Control Act, Federal Clear Water Act of 1977, 33 U.S.C. §1251 et seo_. Federal Insecticide, Fungicide, and Rodenticide Act, Federal Pesticide Act of 1978, 7 U.S.C. §136, et seq. Federal Toxic Substances Control Act, 15 U.S.C. §2601 et sea_. Federal Safe Drinking Water Act, 42 U.S.C. §300f et seq. Washington Water Pollution Control Act, R.C.W. Ch. 90.48. Washington Clean Air Act, R.C.W. Ch. 70.94. Washington Solid Waste Management-Recovery and Recycling Act, R.C.W. ch.70.95. Washington Hazardous Waste Management Act, R.C.W. Ch. 70.105. Washington Hazardous Waste Fees Act, R.C.W. Ch. 70.105(A). Washington Model Toxics Control Act, Initiative 97, 1989 Laws Ch. 2, R.C.W. Ch. 70.105(D). Washington Nuclear Energy and Radiation Act, R.C.W. Ch. REAL ESTATE PURCHASE AGREEMENT -5- Sal-Army.Agt - RcalEste - 12/15/93 70.98. Washington Radioactive Waste Storage and Transportation Act, R.C.W. Ch. 70.99. ii. The Purchaser shall transmit to Seller any statutory or common law claim or suit brought by private parties or state or federal regulatory agencies giving rise to indemnity under this subparagraph. Seller shall have the right to negotiate a settlement or defend such suit, claim or government remedial order or directive. If remedial action is agreed to by Seller in settlement or ordered by a court or governmental agency, Seller shall be granted reasonable access to the site to supervise remedial actions. Such actions shall be performed in a reasonable manner so as to minimize disruption of Purchaser's uses of the site. Once the hazardous substances have been dealt with to the satisfaction of the complaining government agency, the site shall be restored to the Seller to the condition immediately prior to undertaking remedial action; Provided, The Seller may pay the fair market value of improvements in lieu of reconstruction. 12. ATTORNEY'S FEES: In the event that the Seller or the Purchaser shall institute a lawsuit to enforce any rights pursuant to this Agreement, the successful party shall be entitled to, in addition to those costs and disbursements provided by statute, a reasonable sum as attorney's fees and costs incurred in any appeal thereof. 13. NOTICES: All notices sent to the Seller or the Purchaser pursuant to this Real Estate Purchase Agreement shall be sent by certified mail, return receipt requested, to the following addresses unless either party notifies the other in writing of a change of address: For the Seller: Dr. Michael Connolly Dean of Business Services REAL ESTATE PURCHASE AGREEMENT -6- SaI-Army.Agt - RcalEate - 12/15/93 Olympic College 1600 Chester Bremerton, Washington 98310 For the Purchaser: Kathleen L. McCluskey Bremerton City Clerk 239 Fourth Street Bremerton, Washington 98310 14. TIME OF ESSENCE: Time is of the essence of this Real Estate Purchase Agreement. 15. GOVERNING LAW AND VENUE: This Agreement shall be governed by and interpreted in accordance with Washington law. Any litigation arising out of or in connection with this Agreement shall be conducted in Kitsap County, Washington. 16. RISK OF LOSS: The Seller shall deliver the premises and any personal property thereon to the Purchaser at closing in the same condition existing as of the date hereof. Risk of loss or damage to the premises or the personal property shall be borne by the Seller until the date of closing. Thereafter, the Purchaser shall bear the risk of loss. 17. ASSIGNMENT: Neither the Seller's nor the Purchaser's rights under this Agreement may be assigned without prior written consent of the other party. In the event of an assignment, this Real Estate Purchase Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns, heirs, and legal representatives. 18. HEADINGS: The headings of the paragraphs of this Agreement are inserted solely for the convenience of the parties and are not a part of nor intended to govern, limit, or aide in the construction of any term or provision hereof. REAL ESTATE PURCHASE AGREEMENT -7- Sal-Army.Agt - R~alEste - 12/15/93 19. ENTIRE AGREEMENT: There are no verbal or other agreements which modify or affect this Agreement and the Seller and the Purchaser agree that this Real Estate Purchase Agreement constitutes the full and complete understanding between the Seller and the Purchaser. 20. CERTIFICATION OF AUTHORITY: Each person signing this Agreement or a counterpart hereof, certifies her or his respective authority duly granted by the appropriate constituency. 21. SURVIVAL: The Seller and the Purchaser agree that all representations, warranties, and agreements made herein shall not merge in, but shall survive, the closing of this transaction and the delivery of any deeds hereunder. 22. TIME FOR ACCEPTANCE: An executed original or duplicate original delivered to a party shall constitute an offer. Any offer shall expire within twenty-one (21) days if not accepted by all parties. STATE OF WASHINGTON OLYMPIC COLLEGE BY: Date , Chair Board of Trustees SELLER ATTEST: APPROVED AS TO FORM: REAL ESTATE PURCHASE AGREEMENT -8- SaI-Army.Agt - RoalEst,' - 12/15/93 CITY OF BREMERTON BY: Date LOUIS MENTOR, Mayor PURCHASER ATTEST: KATHLEEN L. McCLUSKEY, Clerk APPROVED AS TO FORM: lAN R. SIEVERS, City Attorney REAL ESTATE PURCHASE AGREEMENT -9- Sal-Army.Agt - RcalEste - 12/15~93 ,, .. / "  ,:' oo~-Oo ..' ,~, '"%. ;. ~ u . o~t~o