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
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