HomeMy WebLinkAbout3100084
JUL 02 '98 ITHU) II 54 LAND TITLE ESCROW
360 692 S669
PAGE, 1/8
". ., .......
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
, hll,eby r...,IIfV I"'"
lhis 18 8 TRUE 8 I
usCI Copy,
By:
D81e:
Heller Ehrman White & McAuliffe
6100 Columbia Center
701 Fifth Avenue
Seattle, Washington 98104
Attention: Leslie C. Nellennoe
.1.11'~Jl
3100084
p'., 1 of 8
871811199881: 1 iP
Kits. Co. IlA
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/:-"1/134.
STATUTORY WARRANTY DEED
Grantor:
Beem-Air Disposal,loe" an Oregon corporation
Grantee:
The City of Bremerton, a Washington municipal corporation
Legal Description (abbrev,): Quarter: GOV'T LT t, Section 13, Township 24 North, Range 1
EAST
Tax Account Nos.:
13240t-2-015-2ool, 132401-2-029-2005, 132401.2-02S-2006,
132401-2-022-2002, 3709.()05-00S.Q009, 3709-005 -009-0OOS.
Reference Nos. of Documents Released or A8&igned: ,N/A
The Grantor, Brem-Air Disposal, Inc., an Oregon corporation, fur and in consideration of
TEN DOLLARS ($10.00) and other valuable consideration in hand paid, conveys and warrants to
the City ofBremerton, a Washington municipal corporation, the real estate described on ~bit
A attached hereto, all subject to the exceptions described on Exhibit B attached hereto, ,situated in
the County of Kit sap, State ofWasbington:
Dated: June 1L 1998,
~ JUL'I1998
BREM-AlR DISPOSAL, INC.,
an Oregon corporation
AUOlTOA'8 NOT!
LIBIrV FOIlIll!COllOllG AND COP'tlNG
ON8A1l8F1lClORY IN A POIl1Ql Of ntI8
WSTRUMENT WHEN AECEIYED.
By:
Print Name:
Title:
(acknowledgment attached)
.'
1
JUL 02 '96 (THUl 11,55 LAND TITLE ESCROW
. .
STATE OF WASHINGTON )
) ss:
COUNTY OF KlTSAP )
360 692 8669
PAGE, 2/8
On this 29th day of June, 1998, before me pelaOnally appeared Robert Berres, to me
knowD to be the Vice President ofBrem-Air DiSP08a!, Ino., lIII Oregon corporation (Grantor), the
corporation that executed the within and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act alld deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument.
In witness whereofl have hereunder set my hand and affIXed my official seal the day and
year first above written.
.ITIIIII tllJ.J
3100084
Pill" 2 of 8
87181/198881'17P
KitSllll Co, III
2
Filed for Record at Request of:
When Recorded Return to:
Name Bremerton City Clerk
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DOcua8nt Title: Real Estate Option
Reference Humber of Document Assigned or Released:
Not Applicable
Grantor's Name: Envirofil, Inc., a Delaware corporation
Grantee's Name: City of Bremerton, a municipal corporation
Abbreviated Legal Description: S13, T24, RIE, WM.; and
BAYVIEW ADDN., B5, LTS. 8 & 9, EXC. E. 29 FT. THOF (Additional
legal on Exhibit "A" of document)
Assessor's property Tax parcel/Account Numbers: 132401-2-022-2002;
132401-2-029-2005; 3709-005-009-0008; 3709-005-008-0009; 132401-2-
015-2001; and 132401-2-028-2006.
REAL ESTATE OPTION AGREEMENT
THIS REAL ESTATE OPTION AGREEMENT ("Agreement") is made and
entered into as of November 26, 1996 by and between ENVIROFIL,
INC., a Delaware corporation ("Envirofil") and the CITY OF
BREMERTON, a municipal corporation ("the City") .
RECITALS
A. Envirofil is the owner of that certain real property
located in Bremerton, washington, legally described in Exhibit
"A" attached hereto and incorporated herein by this reference,
and identified and depicted on Exhibit "5" attached hereto and
incorporated herein by this reference, and appurtenances,
easements, licenses, applications, permits and governmental
approvals and consents relating to or serving such real property
(collectively the "Property").
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B. The property is contaminated with hazardous substances
at such levels that the Washington state Department of Ecology
("Ecology.) may require the Property to be remediated.
C. If acceptable, terms of remediation can be negotiated
and agreed upon between the City and Ecology, the City desires to
acquire and develop the Property for park and recreational
purposes in accordance with the City's comprehensive park plan.
D. To facilitate its further study of the Property and the
feasibility of its remediation and development for park and
recreational purposes, the city desires to acquire the exclusive
right and option to acquire Envirofil's title to the Property.
AGREEMENT
In consideration of the mutual covenants and promises
contained herein, the parties hereto hereby agree as follows:
1. Grant of option. Subject to the terms, covenants and
conditions set forth herein, Envirofil hereby grants to the city
the exclusive right and option (the "option") to acquire all
rights, title and interest of Envirofil in the Property.
2. Term of Option. The term of this Option shall commence
on the date hereof and shall continue until exercised or the term
of this Option expires on December 31, 1997.
3. Consideration for Option. The consideration for this
Option is ten dollars ($10.00) and other valuable consideration,
including the city's promise to undertake good faith efforts to
negotiate remediation of the Property with Ecology and to bear
the cost and expenses of all investigation and analysis it deems
necessary to undertake during the term of this option, as well as
the City's promise to deliver and make available to Envirofil the
results and reports of such investigations.
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l(a)
4. Consideration for Transfer of Title. If the City
exercises this Option, as full consideration for Envirofil's
transfer and conveyance of title in and to the Property to the
City, the City shall agree to assume all obligations relating to
or arising from the property and shall agree at closing, as
evidenced by its execution of a Hazardous Substances Remediation
and Indemnification Agreement in the form attached hereto as
Exhibit "CO, to indemnify and hold Envirofil harmless from and
against any and all (i) costs and expenses arising directly or
indirectly from the environmental condition of the Property or
remediation of the Property pursuant to a consent decree entered
into with Ecology or otherwise, and (ii) enforcement, cleanup,
removal, remedial or other government or regulatory actions,
agreements or orders threatened, instituted or completed relating
to the Property and (iii) other claims, obligations, liabilities,
demands, judgments, causes of action, costs and expenses
(including attorney's and consultant's fees and disbursements) of
any kind or nature, including, but not limited to, those for
personal injury or property damage, which arise out of or relate
in any way to any use, handling, production, transportation,
disposal, release, presence or storage of any hazardous materials
in, under, on, about or from the Property.
5. Condition of Title.
5.1 within twenty (20) days after execution of this
Agreement by both Envirofil and the City, Envirofil shall deliver
to the city a current title commitment (the "Title Commitment")
with copies of all exceptions or conditions referred to therein
which would appear in the Owner's Standard Coverage ALTA Policy
of Title Insurance to be issued at Closing as provided in
Paragraph 10.1(b).
5.2 The City shall have a period of twenty (20) days
after the date of receipt of the Title Commitment to review the
Title Commitment and to give notice to Envirofil of such
objections as the City may have to any defect or encumbrance set
forth in the Title Commitment. Any defect or encumbrance to
which the city does not object within such twenty (20) day period
shall be deemed to be accepted by the city and shall be a
Permitted Exception as provided in Paragraph 5.3. If the City
shall object to any defect or encumbrance, Envirofil shall advise
the City within twenty (20) days after the city's notice whether
Envirofil can remove such defect or encumbrance, If Envirofil
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; I, " IREI~Ek ON OPT $38 ,Jc:
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advises the City that Envirofil cannot remove any particular
defect or encumbrance, Envirofil may terminate this Agreement.
If Envirofil so advises the City but does not terminate this
Agreement, the City shall elect by written notice to Envirofil
within ten (10) days after the City receives such notice from
Envirofil (i) to waive such defect or encumbrance and proceed
with this Option, or (ii) to terminate this Agreement. Upon any
termination of this Agreement under this Paragraph 5.2, Envirofil
and the City shall have no further rights or obligations
hereunder, If the City does not select one of such options
within such ten (10) day period, the City shall be deemed to have
waived its objection to such defect or encumbrance and it shall
be a Permitted Exception as provided in Paragraph 5.3.
5.3 Envirofil shall convey and the City shall accept
good and marketable title to the Property by Statutory Warranty
Deed in fee simple, free and clear of all defects and
encumbrances, except for: (i) the rights and reservations
expressed in the U. S. Patent to the Property; (ii) the lien of
current real estate taxes not yet due and payable; (iii) usual
and ordinary public utility easements for gas, electric, water,
sewer and other utility lines to the Property; (iv)
governmental building, land use and zoning regulations, codes,
laws and ordinances; (v) consents by Envirofil or any former
owner of the Property for the erection of any structure or
structures on, under or above any street or streets on which the
Property may abut; (vi) rights of tenants existing as of Closing
and (vii) those accepted by the City in accordance with Paragraph
5.2 (collectively, the "Permitted Exceptions") .
6. Feasibilitv Studv/Grant of Easement.
6.1 The City shall have a period commencing with the
date of execution hereof and extending through the term of this
Option in which to study the feasibility of remediation and
development of the Property for park and recreational purposes.
6.2 Envirofil hereby grants the City a right of access
to the Property for purposes of conducting environmental
investigation and remediation upon the Property during the term
of this Option. The City or its agents shall be permitted to
enter the Property to conduct environmental investigation and
remediation of the Property, including without limitation,
drilling, testing, soil and groundwater sampling, excavation and
installation of monitoring wells or other remediation equipment
or structures thereon and upon any other property owned or
controlled by Envirofil to which any environmental contaminants
may have migrated from the Property.
6.3 Envirofil agrees to deliver to the City upon
execution of this Agreement all studies and tests in its
possession, of which Envirofil has knowledge, relating to the
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Property. All tests to be conducted by the City shall be
conducted at the City's expense.
6,4 The tests by the City shall be performed in a
workmanlike manner in compliance with all applicable federal,
state and local laws, ordinances, rules and regulations. The
City shall exercise reasonable care not to damage the Property or
unreasonably interfere with the security of the Property.
Envirofil will have the right to have a representative of
Envirofil accompany the City and its employees, representatives,
agents and contractors while they are on the Property. Any entry
by the City or its employees, representatives, agents or
contractors will not unreasonably interfere with Envirofil's use
of the Property or any part thereof.
6.5 Within thirty (30) days after the execution of
this Agreement, the City shall construct, at its expense, a fence
around the Property and take reasonable steps to restrict and
control access to the Property during the term of this Option.
The City shall maintain good order among its employees,
representatives, agents and contractors who come onto the
Property and shall confine such employees, representatives,
agents and contractors and their equipment, if any, to those
portions of the Property necessary to perform the tests by the
City.
6.6 If the City does not exercise its Option to
acquire the Property, the City shall restore the Property at its
sole cost and expense and properly abandon and remove, in
accordance with applicable federal, state and local laws,
ordinances, rules and regulations, all groundwater wells and
other facilities installed on the Property, including removing
any portions of the groundwater wells that are visible at or
above the surface of the Property. Until restoration is
complete, the City shall take all steps necessary to ensure that
any conditions on the Property created by the tests will not
interfere with the normal operation of the Property or create any
dangerous, unhealthy, unsightly, nuisance or noisy condition on
the Property.
6.7 The City shall keep Envirofil informed of the
progress of its testing and shall provide Envirofil with copies
of all preliminary test results, reports and other such
information received by the City in connection therewith. The
City shall not prepare and deliver any final reports without
first discussing the preliminary test results and reports with
Envirofil and considering, in good faith, the input of Envirofil
and the interests of the owner of the Property. The parties
agree that all information shall be kept confidential and shall
not be used for any purpose other than the evaluation of the
environmental condition of the Property as set forth herein. The
City agrees not to disclose the contents of any such report to
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any third party, except with Envirofil's prior consent, or except
as to such disclosure as may be reasonably required for the City
to communicate with consultants and/or negotiate with Ecology,
the United States Environmental Protection Agency ("EPA"), or
other agency having jurisdiction over the Property.
6.8 The City agrees to indemnify and hold harmless
Envirofil and its directors, officers, employees, agents and
affiliates from all damages, claims, liabilities, liens, and
expenses, including attorney's and consultant's fees, arising out
of the City's activities pursuant hereto.
7. Contact with Ecoloov and/or EPA. Envirofil agrees that
all contacts with Ecology, EPA and any other regulatory agency
with jurisdiction over the Property concerning contamination of
the Property shall be made by the City, or its representatives;
provided that the City shall advise Envirofil of all contacts in
advance and shall consider in good faith the input and comments
submitted by Envirofil. Envirofil agrees that it will not
directly communicate or attempt to communicate with any
regulatory agency with jurisdiction over the Property about
matters relating to the contamination of the Property, except
jointly with the City. In the event Envirofil is contacted in
any way by a regulatory agency concerning contamination of the
Property, Envirofil shall promptly notify the City of the
contact, forward all documents concerning or comprising the
contact to the City, and allow the City to reply to the agency,
with the participation of Envirofil if it desires, if a reply is
required. During the term of this Option, the City shall pay all
costs of dealing with Ecology, EPA and any other regulatory
agency with jurisdiction over the Property.
8. Exercise of Option. The City may exercise this Option
at any time during the option term by giving Envirofil written
notice of its intent to exercise this Option.
9. Cooperation. Envirofil shall, in good faith, cooperate
with the City, at the City's expense, in the City's efforts to
determine if the Property may be developed into a City park
including signing property plans, plats, a consent decree
approved for remediation of the Property and all documents
incidental to and in furtherance thereof, zoning documents, and
other similar documents, as long as such property plans, plats,
consent decree, zoning and other documents only become effective
if the City acquires title to the Property.
10. Closinq. The closing of this transaction (the
"Closing") shall take place at the offices of the City Attorney
(the "Escrow") on or before thirty (30) days after exercise of
this Option by the City or at such other date as Envirofil and
the City shall agree (the "Closing Date") .
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10.1 At or prior to the Closing, Envirofil shall
execute and deliver or cause to be delivered to Escrow the
following documents:
(a) Statutory Warranty Deed duly executed and
acknowledged, conveying to the City the Property in fee
simple, free and clear of any lien, encumbrance or exception
other than the Permitted Exceptions;
(b) An Owner's ALTA Standard Coverage Policy of
Title Insurance issued by the Title Company in such amount
as requested by the City conforming to the requirements of
Paragraph 5.3 (the "Title Policy"); and
(c) funds to pay all prorations to be paid by
Envirofil at Closing, if any.
10.2 At or prior to Closing, the City shall deliver to
Escrow the executed Hazardous Substances Remediation and
Indemnification Agreement and funds to pay all closing costs and
expenses to be paid by the City hereunder.
10.3 Real property taxes, utility charges constituting
a lien on the Property, and assessments shall be prorated as of
Closing. The City shall pay the premium for the Title Policy,
the State of Washington real estate excise tax on the conveyance,
if any, and the fee charged by the Escrow.
11. General ReDresentations and Warranties of Envirofil.
Envirofil represents and warrants to the City that, to the actual
knowledge of Envirofil, each of the following is true as of the
date hereof and shall be true as of the Closing Date:
11.1 Envirofil is the owner of the Property and has
the power and authority to sell the Property as provided in this
Agreement, and the granting of this Option and sale of the
Property pursuant to this Agreement has been duly authorized by
Envirofil,
11.2 There is no pending condemnation or similar
proceedings affecting the Property, except as otherwise disclosed
in the Title Commitment or otherwise disclosed to the City in
writing prior to Closing. If Envirofil notifies the City of any
such proceeding prior to Closing, the provisions of Paragraph 16
shall apply.
11.3 Envirofil has paid (except to the extent prorated
at Closing) all local, state and federal taxes (other than real
and personal property taxes and assessments not yet due)
attributable to the period prior to the Closing Date which, if
not paid, could constitute a lien on the Property, or for which
the City may be held liable after Closing.
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11.4 Envirofil will use all reasonable efforts to
fulfill all of the conditions of this Agreement which are within
its power to fulfill.
11.5 Envirofil makes no representations or warranties
express or implied regarding the Property other than those
specified in this Agreement, and specifically, without
limitation, makes no representation or warranty of any kind or
nature concerning the environmental condition of the Property,
12. ReDresentations. Warranties and Covenants of the Citv.
The City represents and warrants to Envirofil that each of the
following is true as of the date hereof and shall be true as of
the Closing Date, and acknowledges and covenants as follows:
12.1 The City has the power and authority to enter
into this Agreement and acquire the Property as provided in this
Agreement and the execution of this Agreement and acquisition of
the Property pursuant to this Agreement has been duly authorized
by the City.
12.2 The execution and delivery of this Agreement by
the City, the performance by the City of its obligations
hereunder and the consummation of the transaction contemplated
hereby will not conflict with or result in any breach or
violation of any of the provisions of or constitute a default
under any indenture, mortgage, charter, instrument, bylaw, law,
regulation, judgment, injunction, order, writ or regulatory order
or any other agreement or instrument to which the City is a party
or by which it is bound nor will any consents or authorizations
be required other than necessary to fulfill the representations
and warranties herein.
12.3 The City is aware that the Property has been used
as industrial property and is contaminated with hazardous wastes
and is fully aware that environmental remediation of the Property
may be required.
12.4 Prior to exercise of this Option, the City shall
inspect and test the Property to the extent the City deems
necessary, shall become fully familiar with the physical
condition and repair thereof, including any
environmental/hazardous waste issues with the Property, shall
rely on its own pre-closing inspections and investigations and
shall accept the Property "AS IS, WHERE IS" and in its present
condition, including anything relating to the environmental
condition of the Property and hazardous substances on, in or
under the Property, subject to reasonable use, wear, tear and
natural deterioration between the date of this Agreement and the
Closing Date, without any change in the terms or conditions of
this Agreement.
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12.5 Prior to exercise of this Option, the City shall
make such other examinations of all other matters affecting or
relating to the Property and this transaction as the City deems
necessary. In entering into this Agreement and the Closing of
the purchase of the Property, the City has not and will not have
been induced by and has not relied and will not rely upon any
representations, warranties, documents or statements, whether
express or implied, made by Envirofil or any agent, employee or
other representative of Envirofil or by any broker or any other
person representing or purporting to represent Envirofil whether
or not any such representations, warranties or statements were
made in writing or orally, except for the representations and
warranties set forth in Paragraph 11 of this Agreement.
12.6 The City will use all reasonable efforts to
fulfill all of the conditions of this Agreement which are within
its power to fulfill.
13. Covenants of Envirofil.
13.1 Envirofil shall not do or cause to be done
anything that would cause any representation or warranty of
Envirofil hereunder to be untrue.
13,2 During the term of this Option, Envirofil shall
not sell, dispose of or encumber any portion of the Property,
except for encumbrances that are removed from the Property at or
prior to the Closing, and shall not accept any other offers or
enter into any other contracts for the sale, exchange or transfer
of the Property or any portion thereof.
14. Conditions Precedent to the Citv's Obliqations to
Close. The obligation of the City to consummate the transactions
contemplated by this Agreement is subject to fulfillment of the
following conditions at or prior to the Closing Date (unless
waived in writing by the City) :
14.1 The representations and warranties made by
Envirofil herein shall be true and correct in all material
respects at and as of Closing, and Envirofil shall have performed
and complied in all material respects with all agreements,
covenants and conditions contained in this Agreement required to
be performed or complied with by Envirofil prior to or at
Closing.
14.2 The Title Company has agreed to deliver at Closing
the Title Policy insuring title to the Property in the City
subject only to the Permitted Exceptions.
14.3 Envirofil shall have executed and delivered to
Escrow the Deed and any other documents and instruments necessary
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for Envirofil to perform all of its obligations under this
Agreement.
14.4 Envirofil shall have paid its share of the Closing
costs and prorations required hereunder.
If all of the above conditions are not satisfied at or prior to
Closing, the City may terminate this Agreement by notice to
Envirofil unless the City and Envirofil agree to extend the term
of this Option.
15. Conditions Precedent to Envirofil's Obliqations to
Close, The obligation of Envirofil to consummate the
transactions contemplated by this Agreement is subject to
fulfillment of the following conditions at or prior to the
Closing Date (unless waived in writing by the Envirofil) :
15.1 The City shall have executed and delivered to the
Escrow the Indemnity Agreement and its share of the Closing costs
and prorations required hereunder.
15.2 The City shall have performed its all of its
obligations hereunder.
If all of the above conditions are not satisfied at or prior to
Closing, Envirofil may terminate this Agreement by notice to the
City unless the City and Envirofil agree to extend the term of
this Option.
16. Condemnation. If prior to the Closing Date, all or any
part of the Property shall be taken by condemnation in any
proceeding by a governmental authority or other entity vested
with the power of eminent domain or shall be acquired for public
or quasi-public purposes or condemnation proceedings therefor
shall have been instituted, then the City or Envirofil may elect
to terminate this Agreement by giving the other party notice to
such effect within thirty (30) days after the City receives
notice of such occurrence and upon such termination Envirofil and
the City shall have no further rights or obligations hereunder,
If the City or Envirofil do not elect to so terminate, this
Agreement shall remain in full force and effect and Envirofil
shall, on the Closing Date, sell, transfer and assign to the City
the Property and Envirofil shall be entitled to any award paid or
payable for such taking.
17. Risk of Loss or Damaqe. Upon a significant loss of or
significant damage to the Property, or a material portion
thereof, by flood, earthquake or other calamity prior to the
Closing Date, the City may elect either to terminate this
Agreement, or to purchase the Property in the condition existing
on the Closing Date.
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18. Attornevs' Fees. If a suit or action is filed to
enforce, interpret or seek damages for the breach of this
Agreement, the prevailing party shall be reimbursed by the
nonprevailing party for all costs and expenses incurred in
connection with such suit or action, including, without
limitation, reasonable attorneys' fees and costs at trial and on
appeal.
19. Default. If either party shall be in default of any of
its obligations hereunder, the other party may, at that party's
option, (i) terminate this Agreement by written notice delivered
to the defaulting party at or prior to the Closing, (ii)
enforce specific performance of this Agreement against the
defaulting party and (iii) institute an action for all damages
against the defaulting party.
20. Charitable Transfer. Envirofil and the City
acknowledge and agree that if the City exercises this Option and
the fair market value of the Property is determined to be in
excess of the obligations assumed by the City hereunder,
Envirofil may treat the acquisition of the Property by the City
as a charitable contribution of the Property to the City by
Envirofil to the extent allowed by law.
21. Notices. All notices, requests, demands and other
communications in connection with this Agreement shall be in
writing and furnished to the other party at its address listed
below (or at such other address as may be specified from time to
time by notice) and shall be deemed to have been duly given if
delivered personally, sent via facsimile transmission or sent by
certified or registered mail, postage prepaid, to the following
respective addresses or at such other address as a party shall
have last designated by notice to the other:
If to Envirofil:
Robert J. Berres, Jr.
P.O. Box 990
Bremerton, Washington 98337
Fax No. (360) 479-1772
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If to the City:
Department of Public Works & Utilities
3027 Dlympus Drive
Bremerton, WA 98310
Att: W. Eugene Sampley, nirp.ctor
Fax No. (360) 478-5018
Notices, requests, demands and other communications sent by
certified or registered mail shall be deemed given when delivered
or, if earlier, three days after mailing.
22. Entire Aqreement. This Agreement sets forth the entire
agreement of the parties as to the subject matter hereof and
supersedes all prior discussions and understandings between them.
This Agreement may not be amended or rescinded in any manner
except by an instrument in writing signed by a duly authorized
officer or representative of each party hereto.
23. Survival, The representations, warranties, covenants
and agreements of Envirofil and the City contained in this
Agreement shall survive the Closing of the transaction
contemplated hereunder and delivery of the deed pursuant hereto.
24. Enforcement. The failure of either party to insist
upon or enforce strict performance by the other party of any
provision of this Agreement or to exercise any right under this
Agreement shall not be construed as a waiver or relinquishment to
any extent of such party's right to assert or rely upon any such
provision in any other instance.
25. Amendments. This Agreement may be amended or modified
only by a written instrument executed by Envirofil and the City.
26. Expenses. In addition to all costs of testing of the
Property and dealing with the agencies which the City shall pay
during the term of this Option, each party to this Agreement
shall pay its own expenses (including, without limitation, the
fees and expenses of its agents, representatives, counsel,
consultants and accountants) incidental to the preparation and
consummation of this Agreement and transaction.
27. Bindinq Effect. All rights and obligations arising out
of this Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective successors and
assigns; provided that no party shall have the right to assign
any of its rights or obligations hereunder without the prior
written consent of the other party.
28. Time. Time is of the essence in each and every
covenant and condition of this Agreement.
29. Captions. The
inserted for convenience
meaning of any section.
captions and section headings hereof are
only and do not limit or expand the
C I'D~EIL' ~- ,I).L '" J~Lt
11
3006782
Page' 12 of 32
&3/17/87 1&'&7A
Ki \sap Co, ~A
30. Severabilitv. If any of the provision of this
Agreement is found to be invalid, illegal or unenforceable by any
court of competent jurisdiction, such provision shall be stricken
and the remainder of this Agreement shall nonetheless remain in
full force and effect unless striking such provision shall
materially alter the intention of the parties.
31. Governina Law. This Agreement shall be
according to the laws of the State of Washington.
hereby consents to jurisdiction and venue for any
commenced to enforce this Agreement in the County
State of Washington.
construed
Each party
action
of Kitsap,
32, Counterparts. This Agreement may be executed in
several counterparts, each of which shall be an original and all
of which shall constitute one and the same instrument.
33, Facsimile Transmissions. Facsimile transmission of any
signed original document, and retransmission of any signed
facsimile transmission, shall be the same as delivery of an
original. At the request of either party, or the Escrow Agent,
the parties will confirm facsimile transmitted signatures by
signing an original document,
34. Eaual Participation in Draftina. The parties have
participated in and have had an equal opportunity to participate
in the drafting of this Agreement. No ambiguity shall be
construed against any party based on a claim that the party
drafted the ambiguous language.
IN WITNESS WHEREOF, the parties hereto have entered into
this Agreement.
Dated:
ENVIROFIL, INC.
By ~
Its t. r',t,<,r;tfeu'f
Dated: ~\\a..\q ~
THE CITY OF BREMERTON,
a municipal corporation
By ~.. ,d. 11-1.-
L NN S. HORTON
Its MAYOR
Utilities
W. EUGENE SA
Director of Public Works &
o FORM:
I'lllllllr-....nr
C TV 'OlSREMERTDM OPT ~9.J8
3006782
Page' 13 of 32
83117/97 18'87A
Kitsap Co, ~A
12
EXHIBIT A
Legal Description
C tll_IJ'1 'trI'I' n~I,lk'
3006782
Page' 14 of 32
Q3/17/87 lQ'Q7A
Ki\sap Co, ~A
LMCPHEE
10:23 AM
ATS/T0250
CURRENT SUMMARY FOR 132401-2-022-2002 #1138684
Tax Yr Land Bldg, etc,
1996 61000 9000
1997 61000) ( 9000) (
WA 983370106 S1tus
10/15/96
Total
70000
70000)
o
BREM AIR DISPOSAL INC
POBOX 438
BREMERTON
Stat/Lc: T/0010
Land use: 48000
Acres: ,47
Map #: R132-105K
Date Price
0383 75000
SECTION 13 TOWNSHIP 24 RANGE 01 (MORE DESCRIPTION ON FILE)
PAR(l) TH PTN GOVT LOT 1 SEC 13 OAF BAAP 893,3FT NAND
22-1/~FT E OF SW COR SO GOVT LOT 1 TH E 140FT S 60FT TH E TO
MEA LN TH SLY ON MEA LN TAP E OF PT 120FT S OF POB TH W TAP
Tp Ie Excise no Id Date Comments:
W SG 8301666 CM30 960814 REVAL
CMOO 910522 REVAL
MG01 870513 ANNUAL UPDATING
I' 1111.I.,lrl.l
l;IT ,', I~EMERTtN lPT
I I
3i. Ie
3006782
Page' 15 of 32
83/17/97 18'87A
Ki\sap Co, ~A
LMCPHEE
10:23 AM
LEGAL DESCRIPTION FOR 132401-2-022-2002
10/15/96
ATS/C2330
1
2
3
4
5
6
7
8
9
10
11
12
13
14
SECTION 13 TOWNSHIP 24 RANGE IE
PAR(l) 'l'H 1"1'N GOVT LOT 1 SEC 13 DAF' BAAP 893.3FT NAND
22-1/2FT E OF SW COR SD GOVT LOT 1 TH E 140FT S 60FT TH E TO
MEA tN TH SLY ON MEA LN TAP E OF PT 120FT S OF POB TH W TAP
120FT S OF POB TH N TO POB EXC TH PTN LY W OF E MGN SHELDON
BLVD PAR(2) TDLDS FRTG FOLG DESC UPLANDS TH PTN GOVT LOT 1
SEC 13 DAF BAAP 893.3 FT NAND 22-1/2FT E OF SW COR SD GOVT
LOT 1 TH E 140FT TH S 60FT TH E TO MEA LN TH SLY ON MEA LN
TAP E OF PT 120FT S OF POB TH W TAP 120FT S TO POB TH N TO
POB PAR(3) TH PTN GOVT LOT 1 SEe 13 DAF BAAP 933.3FT NAND
162,5FT E OF QTR SEC COR BTW SECS 13 AND 14 AND RUN TH S 100
FT TH E TO GOVT MEA LN TH NLY ALG SD MEA LN TAP E OF POB TH
W TO POB EXC THFR THE N 10FT THOF LY E OF SHELDON BLVD TGW
FIRST CLASS TDLDS ADJN EXTENDING TO LN OF MEAN LOW TIDE EXC
TH PTN LY WLY OF E MGN SHELDON BLVD
PRINT TO FILE
.
---
-I
'r'll1Ilf"]'lr"'--' --'r
C TV ,r BRE.lERTG,~ DPT $>" d8
3006782
Page' 16 of 32
83/17/97 18'87A
Ki \sap Co, ~A
LMCPHEE
10:22 AM
ATS/T0250
CURRENT SUMMARY FOR 132401-2-029-2005 #1138759
Tf~9gr 18~3Bg Bldg36~5go
1997 1860001 ( 364000) (
WA 983370106 Sltus
10/15/96
Total
550000
550000)
o
BREM AIR DISPOSAL INC
PO BOX 438
BREMERTON
StatiLe: T/0010 SECTION 13 TOWNSHIP 24 RANGE 01 (MORE DESCRIPTION ON FILE)
Land use: 48000 PAR (A) TH PTN LY N & W OF A LN THRU THE MIDDLE PT OF NELY
Acres: 1.42 BDRY THOF & THE MIDDLE PT OF A LN CONNECTING THE NW & SE
Map #: R132-105K CORS THOF OF FDP ALL TH PTN OF LOT 1 LY N & E OF SHELDON
Date Price Tp Ie Excise no Id Date Comments:
CM30 960814 REVAL
CMOO 910523 REVAL
CMOO 900625 ADDED W'FT CHARACTERISTICS
DE02 861009 LAND USE CODE CHANGE
11111111,,. III II
cm }' BREME,TDN (.T ~',J~
3006782
Page' 17 of 32
83/17/87 18'87A
Kitsap Co, ~A
ATS/C2330
RP LEGAL DESCRIPTION FOR 132401-2-029-2005
10/15/96
,
c
SECTION 13 TOWNSHIP 24 RANGE 1E
PAR (A) TH PTN LY N & W OF A LN THRU THE MIDDLE PT OF NELY
BDRY THOF & THE MIDDLE PT OF A LN CONNECTING THE NW & SE
CORS THOF OF FDP ALL TH PTN OF LOT 1 LY N & E OF SHELDON
BLVD BAAP 381.3FT N & 471FT E OF SW COR OF LOT 1 TH N 104 FT
TH W 106FT TH N 168FT TH E 129FT TO GOVT MEA LN TH ELY ALG
SD GOVT MEA LN 148.3FT TH S 151FT TAP E OF POB TH W 107FT TO
POB EXC THE FDT BAAP 562.16 FT E & 476.3FT N OF SW COR OF
LOT 1 TH W 50FT TH N TO GOVT MEA LN TH SELY ALG SD MEA LN
TAP DIR N OF POB TH S TO POB PAR(B) PT OF GOV L 1 ALL THAT
PT LYING S & E OF LN THRU MIDPOINT OF NELY BDRY & MIDPOINT
OF LN CONNECTING NW & SE COR OF THE FOLG DESC TR ALL THAT PT
OF THE FOLG DESC TR IN GOV L 1 LYING N & E OF SHELDON BLVD
BAAP 381.3FT N & 471FT E OF THE SW COR OF SD LOT 1 N 104FT W
106FT N 168FT E 129 FT TO THE GOV MIL SELY ALG SD MIL 148.3
FT S 151FT TO A PT E OF THE POB W 107FT TO THE POB EXC THE
FOLG DESC TR BEG AT A PT 562.16FT E & 476.3FT N OF THE SW
COR OF SD LOT 1 W 50FT N TO MIL SELY ALG MIL TO A PT
DIRECTLY N OF THE POB S TO THE POB ALSO PT OF GOV L 1 BAAP
562.16FT E & 476.3FT N OF THE SW COR OF SD GOV L 1 RUNG W
50FT N TO MIL TH IN A SELY DIR ALG SD MIL TO A PT DIRECTLY N
OF THE POB S TO THE POB EX PT S OF OF THE NLY LN OF SHELDON
BLVD PAR(C) TH PTN OF TR 3 BLK 6 BAYVIEW ADDN DAF BAT SW COR
OF GOVT LOT 1 TH NO*57'02E ALG THE W LN OF SD GOVT LOT 1 A
DIST OF 653.30FT TH S88*26'OOE 491.63FT TO BAL GOVT MEA LN
TH ALG SD MEA LN N33* 11'04W 58.88FT TO TPOB TH CONT N33*11'
04W 80.33FT TH ALG THE N LN OF SD TR 3 N41*44'56E 90.00FT TH
S88*11'04E 29.57 FT TH S41*44'56W 40.68FT TH S33*11'04E
64.14FT TH S57*29'08W 47.63FT TO TPOB PAR(D) LOT 1 BLK 2
PARK PLACE ADDN TO CITY OF BREMERTON PAR(E) TH PTN OF TR 3
BLK 6 BAYVIEW ADDN PT OF LOT 3 DAF COM AT THE U S MEA COR SD
COR BEING LOC ON SHELDON BLVD & ON THE W MGN OF WATER ST AS
SHOWN BY ALL HARBOR AREA MAPS N34*44'W 264.18FT FOL SD MEA
LN TH IN A NELY DIR ALG THE NELY LN OF LOT 3 BLK 6 OF MAP OF
BAYVIEW ADDN 300FT S TAP 50FT E OF THE POB TH W 50FT TO POB
EXC PT OCCUPIED BY SHELDON BLVD EXC TR PER VOL 604/300
')
:}
c,
"
~
10
11
12
"
.1- _.J
1 :
Ie
L
17
13
J '~,
~ '
.
.' ;.-
2 ,
....r.lr~ I I'll" II
C. Ii JF BREM~~TDN OPT .3~, lb
3006782
Page' 18 of 32
83/17/97 18:87A
Kitsap Co, ~A
LMCPHEE
10:22 AM
ATS/T0250
CURRENT SUMMARY FOR 3709-005-009-0008
Tax Yr Land Bldg
1996 7000'
1997 7000l (
WA 983370106 s~tus
1208 COGEAN AVE
#1422997
BREM AIR DISPOSAL INC
P 0 BX 438
BREMERTON
etc,
o
0) (
10/15/96
Total
7000
7000)
o
Stat/Lc: T/0010 BAYVIEW ADDN
Land use: 11101 BLK 5 LOT 9 EXC E 29FT THOF
Acres: .05
Map #: R132-105K
Date
Price Tp Ie Excise no
Id
CM30
MG03
CMOO
CMOO
MG01
Date
960806
930607
930603
910523
870513
Comments:
REVAL
DP93-62CM FOR 92/93
DP93-62-CM
REVAL
ANNUAL UPDATING
TORN OWN
l~ll',lllll Ll
3006782
Page' 19 of 32
83/17/97 18'87A
Ki\sap Co, ~A
LMCPHEE
10:22 AM
ATS/T0250
CURRENT SUMMARY FOR 3709-005-008-0009
#1422971
BREM AIR DISPOSAL INC
P 0 BX 438
BREMERTON WA 983370106
BAYVIEW ADDN
BLK 005 LOT 8 EXC E 29FT
Stat/Lc: T/0010
Land use: 46000
Acres: .05
Map #: R132-105K
,
Date Price Tp Ic
0878 18000 W WO
Excise no
7806506
Tax Yr
1996
1997
515 SHELDON
Land Bldg,
7000
7000) (
s~tus
BLVD
etc.
2000
2000) (
10/15/96
Total
9000
9000)
o
Id Date Comments:
CM30 960806 REVAL
CMOO 910523 REVAL
111'lUI ~ 11111' I' I
CITY I' ! E1ElnO~ OPT I l" IS
,.
3006782
Page' 28 of 32
83/17/97 18'87A
Ki\sap Co, ~A
LMCPHEE
10:23 AM
ATS/T0250
CURRENT SUMMARY FOR 132401-2-015-2001
#1138627
10/15/96
Total
210000
210000)
o
BREM AIR DISPOSAL INC
POBOX 438
BREMERTON WA 983370106
Tax Yr
1996
1997
(
Land Bldg, etc,
127000 83000
127000l ( 83000) (
s~tus
607 14TH ST
statiLe: T/0010
Land use: 55000
Acres: 1.08
Map #: R132-105K
SECTION 13 TOWNSHIP 24 RANGE 01 (MORE DESCRIPTION ON FILE)
THAT PT OF FOLG LY E OF SHELDON BLVD PT OF GOVT LOT 1 &
TDLDS OF 2ND CLASS FRTG BAAP 923.3FT N OF THE 1/4 COR BTW
SECS 13 & 14 SD TWP & RGE N ALG THE W LN OF SD GOVT LOT 1 A
Date
0281
0277
1172
Price Tp Ie
250000 P
94000 R
2172 Q EX
Excise no
8100781
7701307
7291504
Id
CM30
CMOO
MG01
Date
960814
910522
870513
Comments:
REVAL
REVAL
ANNUAL UPDATING
. ~ lUll U J.
t; TV' Jr.,~EMERTOM DPT
'I
38, IS
3006782
Page' 21 of 32
83/17/97 18'87A
Kitsap Co, ~A
LMCPHEE
10:23 AM
ATS/C2330
LEGAL DESCRIPTION FOR 132401-2-015-2001
10/15/96
1
2
3
4
5
6
SECTION 13 TOWNSHIP 24 RANGE IE
THAT PT OF F'OLG LY E OF' SHELDON BLVD PT OF GOV'l' LOT 1 &
TDLDS OF 2ND CLASS FRTG BAAP 923.3FT N OF THE 1/4 COR BTW
SECS 13 & 14 SD TWP & RGE N ALG THE W LN OF SD GOVT LOT 1 A
DIST OF 180,44FT MIL TO THE S LN OF 14TH ST TH E ALG SD S LN
TO THE MEA LN SLY ALG THE MEA LN TO A PT E OF THE POB TH W
TO THE POB '3.47CH'
.
PRINT TO FILE
---.
I-Ill" n "'Illr ,ur "r
CI~~ C' BREMER I ON DPT ~9.JS
3006782
Page' 22 of 32
83/17/97 18'87A
Ki tsap Co, ~A
LMCPHEE
10:23 AM
ATS/T0250
CURRENT SUMMARY FOR 132401-2-028-2006 #1138742
Tax Yr Land Bldg, etc,
1996 22000 0
1997 220001 ( 0) (
WA 983370106 S1tus
10/15/96
Total
22000
22000)
o
BREM AIR DISPOSAL INC
POBOX 438
BREMERTON
Stat/Lc: T/0010
Land use: 63000
Acres: . 17
Map #: R132-105K
SECTION 13 TOWNSHIP 24 RANGE 01 (MORE DESCRIPTION ON FILE)
TH PTN OF FDP IN GOVT LOT 1 LY ELY OF MCKENZIE AVE BAAP
NO*57'02E 773.30FT & S88*26'OOE 142.50FT FR THE SW COR OF SD
GOVT LOT 1 TH Sl*57'02W 120FT TH 888* 26'OOE TO BAL GOVT MEA
Date
Price Tp Ie Excise no
Id
CM30
MG03
CMOO
CMOO
MG01
Date
960814
930607
930603
910523
870513
Comments:
REVAL
DP 93-61CM FOR 92/93 TORN DWN
DP93-61-CM
REVAL
ANNUAL UPDATING
1,1.1..1..1 J i III
l;, I,' .: BREMER' C ~ c 'T
I. I
$3&,8.
3006782
Page' 23 of 32
83/17/97 18'87A
Ki\sap Co, ~A
LMCPHEE
10:23 AM
ATS/C2330
LEGAL DESCRIPTION FOR 132401-2-028-2006
10/15/96
1
2
3
4
5
~~C~~~Nof\'6~W~~HaEv~4L~NrEL~EI>LY OF MCKI>NZH AVE BAAP
NO*57'02E 773,30FT & S88*26'OOE 142.50FT FR THE SW COR OF SO
GOVT LOT 1 TH S1*57'02W 120FT TH S88* 26'OOE TO BAL GOVT MEA
LN TH NWLY ALG SO MEA LN TAP S88*26'OOE FR POB TH N88*
26'OOW TO POB EXC SHELDON BLVD
PRINT TO FILE
-,
11'1 I II 'III II,.
(; I,' i' BREMERTO ~ OP', ,,9, 18
3006782
Page' 24 of 32
83/17/97 18'87A
Kitsap Co, ~A
EXHIBIT B
Depiction of Property
~III.lolIl,ITI"
I
j~, 'b
3006782
Page' 25 of 32
83/17/97 18'8?A
Ki \sap Co, ~A
'I' r .~- '-r -'''''T r' "'
l TY ), 1,;iMER,O,j ~?T "",18
3006782
Page, 26 of 32
S3/17/97 lS'S7A
Ki\sap Co, ~A
14th Street
/
.
,
PARCEL,
5
. It " R II
/./-
/
PARCEL ,~/
6 ~~.
~,'/
-If/
/
./
PARCEL
4
J
PARCEL
1
~
j
c::
J
PARCEL
2
PARCEL
3
D Exi8ting StruClUre
()
-N.
NOT TO SCALE
Woo......-.,.. .
Site Map
Brem-Alr and Associated Parcels
I:\LCN\lS166-1\96S0.DOC
EXHIBIT C
Hazardous Substances Remediation and
Indemnification Agreement
,UO'I'.II~I
3006782
Page' 27 of 32
83/17/97 18'87A
Ki\sap Co, ~A
J " ;ll,J I II, I
II
,39,J.
3006782
Page' 28 of 32
83/17/97 18:87A
Ki\sap Co, ~A
HAZARDOUS SUBSTANCES REMEDIATION AND
INDEMNIFICATION AGREEMENT
THIS AGREEMENT is made this 25 day of November ,1996
by THE CITY OF BREMERTON, a municipal corporation ("the City"),
and ENVIROFIL INC., a Delaware Corporation ("Envirofil").
RECITALS
A. Envirofil was the prior owner of the property located
in Bremerton, Washington and legally described as set forth on
Exhibit A attached hereto and incorporated herein by this
reference (the "Property").
B. The Property is contaminated with hazardous substances
at such levels that the Washington State Department of Ecology
("Ecology") may require the Property to be remediated.
C. The City has negotiated and agreed upon terms of a
Consent Decree (the "Consent Decree") with Ecology pursuant to
which the Property will be remediated to a condition which will
allow its development and use for park and recreational purposes.
D. Simultaneous with the parties' execution hereof, the
City has acquired the Property from Envirofil, to develop it for
park and recreational purposes in accordance with the City's
comprehensive park plan, in exchange for the City's agreement to
assume all obligations relating to or arising from the Property,
including those arising from the environmental condition of the
Property.
E. The parties wish to state their understanding
regarding their respective rights and responsibilities for future
testing and remediation, as well as potential claims, damages and
expenses relating to contamination on, in, under, about or from
the Property.
AGREEMENTS
For good and valuable consideration, the parties agree as
follows:
1. Definitions. The following terms have the
following meanings:
"Hazardous Materials" means any and all
(a) oil, petroleum products, flammable
substances, explosives, radioactive
materials, hazardous wastes or substances,
toxic wastes or substances or any other
wastes, materials or pollutants which
1
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"'......
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n'<,.,.z.~
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co _
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o h ......:t
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(i) pose a hazard to the Property or to
persons on, about or around the Property or
(ii) cause the Property to be in violation of
any Hazardous Materials Laws;
(b) asbestos in any form which is or could become
friable or which is deemed hazardous under
any applicable law, urea formaldehyde, foam
insulation, transformers or other equipment
which contain dielectric fluid containing
levels of polychlorinated biphenyls, or radon
gas;
(c) chemicals, materials and substances defined
as or included in the definition of
"hazardous substances," "hazardous wastes,"
"hazardous materials," "extremely hazardous
waste," "restricted hazardous waste,"
"dangerous waste" or "toxic substances" or
words of similar import under any applicable
local, state or federal law or under the
regulations adopted or publications
promulgated pursuant thereto, including, but
not limited to, the Comprehensive
Environmental Response, Compensation and
Liability Act of 1980, as amended, 42 U.S.C.
~ 1801, et seq.; the Federal Water Pollution
Control Act, as amended, 33 U.S,C. ~ 1251, et
seq.; and any substance designated as a
"hazardous substance" under RCW
Chapter 70.105D;
(d) any other chemical, material or substance,
exposure to which is prohibited, limited or
regulated by any governmental authority or
mayor could pose a hazard to the health and
safety of the occupants of the Property or
the owners or occupants of property adjacent
to or surrounding the Property, or any other
person coming upon the Property or adjacent
property; and
(e) any other chemical, material or substance
which mayor could pose a hazard to the
environment.
"Hazardous Materials Claims" means any and all (i)
costs and expenses arising directly or indirectly from
the environmental condition of the Property or
remediation of the Property pursuant to the Consent
Decree or otherwise, (ii) enforcement, cleanup,
removal, remedial or other governmental or regulatory
2
'"
","-
<")ozo
..'"
C\I~ ~::3:
co -
"'~ ....... 8'
<0 ~
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~
~
..
-.-
~
-is
III
IS~
<..>
actions, agreements, or orders threatened, instituted
or completed pursuant to any Hazardous Materials Laws
and (iii) claims, obligations, liabilities, demands,
judgments, causes of action, costs and expenses
(including attorney's and consultant's fees and
disbursements) of any kind or nature, including, but
not limited to those for personal injury or property
damage, which arise out of or relate in any way to any
use, handling, production, transportation, disposal,
discharge, release, presence or storage of any
Hazardous Materials in, under, on, about or from the
Property.
"Hazardous Materials Laws" means any federal, state or
local law, ordinance, regulation, order or policy
relating to: the environment, health or safety;
Hazardous Materials (including without limitation the
use, handling, production, transportation, disposal,
discharge, release, presence or storage of Hazardous
Materials); industrial hygiene; or the environmental
conditions in, under, on, about or from the Property,
including, without limitation, soil, ground water and
indoor and ambient air conditions.
2. Remediation Resoonsibility. The City will, at its sole
cost and expense, perform or cause to be performed, such
investigation, monitoring, cleanup and remediation measures as
are required by the Consent Decree, or as may be lawfully
required by any governmental agency with jurisdiction oyer the
Property, including, but not limited to, investigation,
monitoring, cleanup and remediation measures on properties to
which Hazardous Materials have migrated from the Property.
3. Indemnity. The City shall protect, defend, indemnify
and hold Envirofil and its directors, officers, owners,
employees, representatives and agents harmless from and against
any and all Hazardous Waste Claims.
4. Notice of Claim, Envirofil shall within the lesser of
(i) thirty (30) days after discovery of any Hazardous Waste Claim
or receipt of any notice or order from a regulatory agency or any
claim asserting the Property or any adjoining property requires
investigation, cleanup, or monitoring of Hazardous Materials, or
(ii) such shorter period of time as will allow to the City the
benefit of any defense to the claim or allow the City the
opportunity to respond to the claim in a timely fashion, provide
written notice to the City of the notice, order or claim and its
demand that the City honor the terms of this Agreement, along
with all correspondence, reports, and other documents or
information concerning the notice, order or claim within the
possession or control of Envirofil. The City shall have a period
of fifteen (15) days from its actual receipt of the notice and
3
information in which to evaluate the claim and information
provided and to accept or reject the tender by written notice to
Envirofil. The City's failure to respond within that period
shall be deemed acceptance of the claim.
5. Riqht to Control Remediation and Defense. Subject to
the terms of the Consent Decree, the City shall have the right to
conduct the remediation of the Property in the manner of its
choosing, in its sole discretion, at its expense. The City shall
have the right to appoint counsel, reasonably acceptable to
Envirofil, and control the defense of any litigation or other
proceeding to the extent this Indemnity applies thereto;
provided, however, that the City shall not have the authority to
confess judgment or admit liability on behalf of Envirofil, or
make any agreement which requires any action or payment of funds
by Envirofil without Envirofil's prior written consent.
6. Attornevs' Fees. If a suit or action is filed to
enforce, interpret or seek damages for the breach of this
Agreement, the prevailing party shall be reimbursed by the
nonprevailing party for all costs and expenses incurred in
connection with such suit or action, including, without
limitation, reasonable attorneys' fees and costs at trial and on
appeal.
7. Notices. All notices, requests, demands and other
communications in connection with this Agreement shall be in
writing and furnished to the other party at its address listed
below (or at such other address as may be specified from time to
time by notice) and shall be deemed to have been duly given if
delivered personally, sent via facsimile transmission or sent by
certified or registered mail, postage prepaid, to the following
respective addresses or at such other address as a party shall
have last designated by notice to the other:
If to Envirofil:
Robert J. Berres, Jr.
P.O. Box 990
Bremerton, Washington 98337
Fax No. (360) 479-1772
If to the City:
Department of Public Works & Utilities
3027 Olympus Drive
8remerton. WA 98310
Att: W. EUQene Sampley. Director
Fax No. (360) 478-5018
Notices, requests, demands and other communications sent by
certified or registered mail shall be deemed given when delivered
or, if earlier, three days after mailing.
8. Miscellaneous.
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3006782
Page' 31 of 32
83/17/97 lS'S7A
Ki\sap Co, ~A
a. Governinq Law.
by and construed in accordance
Washington.
This Agreement shall be governed
with the laws of the State of
b. Entire Aqreement, This Agreement constitutes the
entire agreement between the parties and cannot be changed or
modified other than by a written agreement executed by both
parties.
c. CounterDarts. This Agreement may be executed in
more than one counterpart, each of which shall be deemed an
original.
d. Authoritv. The parties each represent and warrant
that they have full power and actual authority to enter into this
Agreement and to carry out all actions required of them by this
Agreement, Any person executing this Agreement in a
representative capacity hereby represents and warrants that he or
she has full power and authority to bind his or her party.
e, Equal particiDation in Draftinq. The parties have
participated in and have had an equal opportunity to participate
in the drafting of this Agreement. No ambiguity shall be
construed against any party based on a claim that the party
drafted the ambiguous language.
f. Effective Date. The Effective Date of this
Agreement shall be the date when all parties have fully executed
this Agreement.
EXECUTED as of the day and year first above written.
ENVIROFIL,
~;:; , 1'1A"'de_ ,..
.
Date:
THE CITY OF BREMERTON,
a Municipal corporation
By:~4, dL
Its: ~_
DEPA
Public Works & Utilities
TD FORM:
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3006782
Page' 32 of 32
83/17/97 18'87A
Ki \sap Co, ~A
5
REAL ESTATE OPTION AGREEMENT
THIS REAL ESTATE OPTION AGREEMENT ("Agreement") is made and
entered into as of November 26 ,1996 by and between
ENVIROFIL, INC., a Delaware corporation ("Envirofil") and the
CITY OF BREMERTON, a municipal corporation ("the City).
RECITALS
A. Envirofil is the owner of that certain real property
located in Bremerton, Washington, legally described in Exhibit A
attached hereto and incorporated herein by this reference, and
identified and depicted on Exhibit B attached hereto and
incorporated herein by this reference, and appurtenances',
easements, licenses, applications, permits and governmental
approvals and consents relating to or serving such real property
(collectively the "Property").
B. The Property is contaminated with hazardous substances
at such levels that the Washington State Department of Ecology
("Ecology") may require the Property to be remediated.
C. If acceptable terms of remediation can be negotiated
and agreed upon between the City and Ecology, the City desires to
acquire and develop the Property for park and recreational
purposes in accordance with the City's comprehensive park plan.
D. To facilitate its further study of the Property and the
feasibility of its remediation and development for park and
recreational purposes, the City desires to acquire the exclusive
right and option to acquire Envirofil's title to the Property.
AGREEMENT
In consideration of the mutual covenants and promises
contained herein, the parties hereto hereby agree as follows:
1. Grant of Option. Subject to the terms, covenants and
conditions set forth herein, Envirofil hereby grants to the City
the exclusive right and option (the "Option") to acquire all
right, title and interest of Envirofil in the Property.
2. Term of Option. The term of this Option shall commence
on the date hereof and shall continue until exercised or the term
of this Option expires on December 31, 1997.
3. Consideration for Option. The consideration for this
Option is ten dollars ($10.00) and other valuable consideration,
1
including the City's promise to undertake good faith efforts to
negotiate remediation of the Property with Ecology and to bear
the cost and expense of all investigation and analysis it deems
necessary to undertake during the term of this Option, as well as
the City's promise to deliver and make available to Envirofil the
results and reports of such investigations.
4. Consideration for Transfer of Title. If the City
exercises this Option, as full consideration for Envirofil's
transfer and conveyance of title in and to the Property to the
City, the City shall agree to assume all obligations relating to
or arising from the Property and shall agree at Closing, as
evidenced by its execution of a Hazardous Substances Remediation
and Indemnification Agreement in the form attached hereto as
Exhibit C, to indemnify and hold Envirofil harmless from and
against any and all (i) costs and expenses arising directly or
indirectly from the environmental condition of the Property or
remediation of the Property pursuant to a consent decree entered
into with Ecology or otherwise, and (ii) enforcement, cleanup,
removal, remedial or other government or regulatory actions,
agreements or orders threatened, instituted or completed relating
to the Property and (iii) other claims, obligations, liabilities,
demands, judgments, causes of action, costs and expenses
(including attorney's and consultant's fees and disbursements) of
any kind or nature, including, but not limited to, those for
personal injury or property damage, which arise out of or relate
in any way to any use, handling, production, transportation,
disposal, release, presence or storage of any hazardous materials
in, under, on, about or from the Property.
5. Condition of Title.
5.1 Within twenty (20) days after execution of this
Agreement by both Envirofil and the City, Envirofil shall deliver
to the City a current title commitment (the "Title Commitment")
issued by Chicago Title Insurance Company (the "Title Company")
with copies of all exceptions or conditions referred to therein
which would appear in the Owner's Standard Coverage ALTA Policy
of Title Insurance to be issued at Closing as provided in
Paragraph 10.1(b).
5.2 The City shall have a period of twenty (20) days
after the date of receipt of the Title Commitment to review the
Title Commitment and to give notice to Envirofil of such
objections as the City may have to any defect or encumbrance set
forth in the Title Commitment. Any defect or encumbrance to
which the City does not object within such twenty (20) day period
shall be deemed to be accepted by the City and shall be a
Permitted Exception as provided in Paragraph 5,3. If the City
shall object to any defect or encumbrance, Envirofil shall advise
the City within twenty (20) days after the City's notice whether
Envirofil can remove such defect or encumbrance. If Envirofil
2
.
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AMERICAN LAND TITLE ASSOCIATION
OWNER'S POllCY
(10-17-92)
48 0025 106 00007039
CHICAGO
TITLE
INSURANCE
COMPANY
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L_-_,...__._-_.._,_._.__:~:.~!fJ
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE
CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE
INSURANCE COMPANY, a Missoufi corpofation, herein called the Company, insures, as of Date of Policy shown
in Schedule A, against loss or dronage, not exceeding the Amount of Insurance stated in Schedule A, sustained Of
incurred by the insured by reason of:
I, Title to the estate or intefest described in Schedule A being vested other than as stated thefein;
2, Any defect in Of lien Of encumbrance on the title;
3, Unmarketability of the title;
4, Lack of a right of access to and from the land,
The Company will also pay the costs, attorneys' fees and expenses incufred in defense of the title, as insured, but
only to the extent provided in the Conditions and Stipulations,
In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as
of Date of Policy shown in Schedule A, the policy to become valid when countefsigned by an authorized signatory,
Issued by:
LAND TITLE COMPANY OF KITSAP
COUNTY, INC.
9657 LEVIN ROAD N.W,
P.O, BOX 2737
SILVERDALE, WA 98383
(360) 692-2233
CHICAGO TITLE INSURANCE COMPANY
By:
9
ALTA Owner's Policy (10-17-92)
LAND TITLB COMPANY OP KITSAP COUNTY
ALTA Ol9NBR'S POLICY
STANDARD
SCHBDULB A
Office Pile No.: E-114136
Policy Number:
48 0025
106 00007039
Date of Policy:
July 1, 1998
at 1:17 p.m.
Amount of Insurance:
$868,000.00
Premium:
$2,115.00
1. Name of Insured:
THE CITY OF BREMERTON, a Washington municipal corporation
2, The estate or interest in the land which is covered by this policy is:
A FEE
3, Title to the estate or interest in the land is vested in:
THE NAMED INSURED
4. The land referred to in this policy is described as follows:
SEE LEGAL DESCRIPTION ATTACHED ON "EXHIBIT A" AND BY REFBRENCE MADB A PART HEREOF
SCHEDULE A
ALTA Owner's Policy 10-17-92
EXHIBIT 'A'
Office File No.: E-114136
DESCRIPTION:
PARCEL I:
THAT PORTION OF THE FOLLOWING DESCRIBED TRACT, LYING EASTERLY OF SHELDON
BOULEVARD, DESCRIBED AS FOLLOWS:
THAT PORTION OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 923.3 FEET NORTH OF QUARTER CORNER BETWEEN SECTIONS 13
AND 14, SAID TOWNSHIP AND RANGE; TEHNCE NORTH ALONG WEST LINE OF SAID
GOVERNMENT LOT 1, A DISTANCE OF 180.44 FEET, MORE OR LESS, TO THE SOUTH LINE
OF 14TH STREET; TEHNCE EAST ALONG SAID SOUTH LINE TO THE MEANDER LINE;
THENCE SOUTHERLY ALONG THE MEANDER LINE TO A POINT EAST OF POINT OF
BEGINNING; THENCE WEST TO POINT OF BEGINNING;
TOGETHER WITH TIDELANDS OF THE SECOND CLASS AS CONVEYED BY THE STATE OF
WASHINGTON, SITUATE IN FRONT OF, ADJACENT TO OR ABUTTING THEREON, EXTENDING
TO THE LINE OF MEAN LOW TIDE.
PARCEL II:
THAT PORTION LYING NORTH AND WEST OF A LINE THROUGH THE MIDPOINT OF THE
NORTHEASTERLY BOUNDARY AND THE MIDPOINT OF A LINE CONNECTING THE NORTHWEST
AND SOUTHEAST CORNER OF THE FOLLOWING DESCRIBED TRACT:
ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT IN GOVERNMENT LOT, SECTION
13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
LYING NORTH AND EAST OF SHELDON BOULEVARD:
BEGINNING AT A POINT 381.3 FEET NORTH AND 471 FEET EAST OF THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 1; TEHNCE NORTH 104 FEET; THENCE WEST 106
FEET; THENCE NORTH 168 FEET; THENCE EAST 129 FEET TO THE GOVERNMENT MEANDER
LINE; THENCE SOUTHEASTERLY ALONG SAID MEANDER LINE 148.3 FEET; THENCE SOUTH
151 FEET TO A POINT EAST OF THE POINT OF BEGINNING; THENCE WEST 107 FEET TO
THE POINT OF BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT A POINT 562.16 FEET EAST AND 476.3 FEET NORTH OF THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 1; THENCE WEST 50 FEET; THENCE NORTH TO THE
MEANDER LINE; THENCE SOUTHEASTERLY ALONG MEANDER LINE TO A POINT DIRECTLY
NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING.
PARCEL III:
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY IN GOVERNMENT LOT 1,
SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, LYING EASTERLY OF MCKENZIE AVENUE:
BEGINNING AT A POINT NORTH 0057'02" EAST 773.30 FEET AND SOUTH 88026'00"
EAST 142.50 FEET FROM THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 1; THENCE
SOUTH 0057'02" WEST 120 FEET; THENCE SOUTH 88026'00" EAST TO THE BALANCED
GOVERNMENT MEANDER LINE; THENCE NORTHWESTERLY ALONG SAID MEANDER LINE TO A
POINT SOUTH 88026'00" EAST FROM THE POINT OF BEGINNING; THENCE NORTH
88026'00" WEST TO THE POINT OF BEGINNING;
EXCEPT SHELDON BOULEVARD.
BXHIBIT A
File No,:E-114136
PARCEL IV:
THAT PORTION OF TRACT 3, BLOCK 6, BAYVIEW ADDITION TO THE TOWN OF
BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE(S) 58,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; THENCE NORTH
0057' 02" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, A DISTANCE OF
653.30 FEET; THENCE SOUTH 88026'00" EAST 491.63 FEET TO THE BALANCED
GOVERNMENT MEANDER LINE; THENCE ALONG SAID MEANDER LINE NORTH 33011'04"
WEST 58.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
33011' 04" WEST 80.33 FEET; THENCE ALONG THE NORTH LINE OF SAID TRACT 3,
NORTH 41"44'56" EAST 90.00 FEET; TEHNCE SOUTH 33011'04" EAST 29.57 FEET;
THENCE SOUTH 41044'56" WEST 40.68 FEET; THENCE SOUTH 33011'04" EAST 64.14
FEET; THENCE SOUTH 57029'08" WEST 47.63 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL V:
THAT PORTION OF LOT 3, BLOCK 6, MAP OF BAYVIEW ADDITION TO THE TOWN OF
BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF PLATS, PAGElS) 58,
RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE UNITED STATES MEANDER CORNER, SAID CORNER BEING LOCATED
ON SHELDON BOULEVARD AND ON THE WEST MARGIN OF WATER STREET (AS SHOWN BY
ALL HARBOR AREA MAPS); THENCE NORTH 34044' WEST 264.18 FEET, FOLLOWING SAID
MEANDER LINE; THENCE IN A NORTHEASTERLY DIRECTION ALONG THE NORTHEASTERLY
LINE OF SAID LOT 3, 300 FEET; THENCE SOUTH TO A POINT 50 FEET EAST OF THE
POINT OF BEGINNING; THENCE WEST 50 FEET TO THE POINT OF BEGINNING;
EXCEPT PORTION OCCUPIED BY SHELDON BOULEVARD;
AND EXCEPT THE FOLLOWING:
COMMENCING AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 1, SECTION 13,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; THENCE
NORTH 0057'02" EAST ALONG THE WEST LINE OF SAID GOVERNMENT LOT 1, A
DISTANCE OF 653.30 FEET; THENCE SOUTH 88026' 00" EAST 491.63 FEET TO THE
BALANCED GOVERNMENT MEANDER LINE; THENCE ALONG SAID MEANDER LINE NORTH
33011'04" WEST 58.88 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 33011'04" WEST 80.33 FEET; THENCE ALONG THE NORTH LINE OF SAID TRACT
NORTH 41044'56" EAST 90.00 FEET; THENCE SOUTH 33011'04" EAST 29.57 FEET;
THENCE SOUTH 41044'56" WEST 40.68 FEET; THENCE SOUTH 33011'04" EAST 64.14
FEET; THENCE SOUTH 57029'08" WEST 47.63 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL VI:
THAT PORTION OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 562.16 FEET EAST AND 476.3 FEET NORTH OF THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 1; THENCE RUNNING WEST 50 FEET; THENCE NORTH
BXHIBIT A
File No.:E-114136
TO MEANDER LINE; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID MEANDER
LINE TO A POINT DIRECTLY NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO
THE POINT OF BEGINNING;
EXCEPT THAT PART SOUTH OF THE NORTHERLY LINE OF SHELDON BOULEVARD.
PARCEL VII:
THAT PORTION LYING SOUTH AND EAST OF A LINE THROUGH THE MIDPOINT OF THE
NORTHEASTERLY BOUNDARY AND THE MIDPOINT OF A LINE CONNECTING THE NORTHWEST
AND SOUTHEAST CORNERS OF THE FOLLOWING DESCRIBED TRACT:
ALL THAT PORTION OF THE FOLLOWING DESCRIBED TRACT IN GOVERNMENT LOT 1,
SECTION 13, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY,
WASHINGTON, LYING NORTH AND EAST OF SHELDON BOULEVARD:
BEGINNING AT A POINT 381.3 FEET NORTH AND 471 FEET EAST OF THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH 104 FEET; THENCE WEST 106
FEET; THENCE NORTH 168 FEET; THENCE EAST 129 FEET TO THE GOVERNMENT MEANDER
LINE; THENCE SOUTHEASTERLY ALONG SAID MEANDER LINE 148.3 FEET; THENCE SOUTH
151 FEET TO A POINT EAST OF THE POINT OF BEGINNING;
THENCE WEST 107 FEET TO THE POINT OF BEGINNING;
EXCEPT THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT A POINT 562.16 FEET EAST AND 476.3 FEET NORTH OF THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 1; THENCE WEST 50 FEET; THENCE NORTH TO THE
MEANDER LINE; THENCE SOUTHEASTERLY ALONG MEANDER LINE TO A POINT DIRECTLY
NORTH OF THE POINT OF BEGINNING; THENCE SOUTH TO THE POINT OF BEGINNING.
PARCEL VIII:
THAT PORTION OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 893.3 FEET NORTH AND 22 1/2 FEET EAST OF THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 1; THENCE EAST 140 FEET; THENCE SOUTH 60
FEET; THENCE EAST TO MEANDER LINE; THENCE SOUTHERLY ON MEANDER LINE TO A
POINT EAST OF A POINT 120 FEET SOUTH OF THE POINT OF BEGINNING; THENCE WEST
TO A POINT 120 FEET SOUTH OF THE POINT OF BEGINNING; THENCE NORTH TO THE
POINT OF BEGINNING;
EXCEPT THAT PORTION LYING WEST OF THE EAST MARGIN OF SHELDON BOULEVARD.
PARCEL IX:
TIDELANDS FRONTING THE FOLLOWING DESCRIBED UPLANDS:
THAT PORTION OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 893.3 FEET NORTH AND 22 1/2 FEET EAST OF THE SOUTHWEST
CORNER OF SAID GOVERNMENT LOT 1; THENCE EAST 140 FEET; THENCE SOUTH 60
FEET; THENCE EAST TO MEANDER LINE; THENCE SOUTHERLY ON MEANDER LINE TO A
POINT EAST OF A POINT 120 FEET SOUTH OF THE POINT OF BEGINNING; THENCE WEST
TO A POINT 120 FEET SOUTH TO THE POINT OF BEGINNING; THENCE NORTH TO THE
POINT OF BEGINNING.
EXHIBIT A
File No,:E-114136
PARCEL X:
THAT PORTION OF GOVERNMENT LOT 1, SECTION 13, TOWNSHIP 24 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 933.3 FEET NORTH AND 162.5 FEET EAST OF THE QUARTER
SECTION CORNER BETWEEN SECTIONS 13 AND 14; SAID TOWNSHIP AND RANGE, AND
RUNNING THENCE SOUTH 100 FEET; THENCE EAST TO GOVERNMENT MEANDER LINE;
THENCE NORTHERLY ALONG SAID MEANDER LINE TO A POINT EAST OF THE POINT OF
BEGINNING; THENCE WEST TO THE POINT OF BEGINNING;
EXCEPT THEREFROM THE NORTH 10 FEET THEREOF LYING EAST OF SHELDON BOULEVARD;
TOGETHER WITH FIRST CLASS TIDELANDS ADJOINING, EXTENDING TO THE LINE OF
MEAN LOW TIDE;
EXCEPT THAT PORTION LYING WESTERLY OF THE EAST MARGIN OF SHELDON BOULEVARD.
PARCEL XI:
LOT(S) 8 AND 9, BLOCK 5, BAYVIEW ADDITION TO THE TOWN OF BREMERTON, 2,
ACCORDING TO THE PLAT RECORDED IN VOLUME 58 OF PLATS, PAGE(S) , RECORDS OF
KITSAP COUNTY, WASHINGTON;
EXCEPT THE EAST 29 FEET THEREOF.
PARCEL XII:
LOT(S) 1, BLOCK 2, PARK PLACE ADDITION TO THE CITY OF BREMERTON, ACCORDING
TO THE PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE(S) 30, RECORDS OF KITSAP
COUNTY, WASHINGTON.
SCHEDULE B
Office File No,: E-114136
Policy No: 48 0025 106 00007039
EXCEPTIONS PROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
GENERAL EXCEPTIONS:
A. Rights or claims disclosed only by possession, or claimed possession, of the.
premises
B. Encroachments, and questions of location, boundary and area disclosed only by
inspection of the premises or by survey.
C. Easements, prescriptive rights, rights-ai-way, streets, roads, alleys or
highways not disclosed 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 yet payable or which or not shown as
existing liens by the public records.
F. Any service, installation, connection, maintenance, tap, capacity or construction
charges for sewer, water, electricity natural gas or other utilities, or garbage
collection and disposal.
G. Reservations and exceptions in the 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. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including
easements or equitable servitudes.
I. Water rights, claims or title to water.
FOR SPECIAL EXCEPTIONS, SEE ATTACHED
Office Pile No.: E-114136
Policy No.: 48 0025 106 00007039
ALTA STANDARD OWNBRS POLICY
SCHEDULB B - cont'd
SPBCIAL BXCEPTIONS:
1. Right of way over a 60 foot strip along the East end to the tideland hereinabove,
described for the purposes of floating barge, scow and boats over said right of
way, as disclosed by instruments recorded under Auditor's File Nos. 54253, 46019,
54128, 87674, records of Kitsap County, Washington.
(Affects Parcel I, XIII, IX, X)
2. Reservations contained in deed from State of Washington to L.A. Bender dated July
25, 1899, filed January 10, 1901, bearing Auditor's File No. 18250, to whit:
"Article XV, Section 3, State Constitution: Municipal corporations shall have the
right to extend their streets over intervening tidelands to and across the area
reserved herein provided".
3.
Easement, including
instrument;
Recording No:
For:
Affects:
its terms, covenants and provisions as disclosed by
580412
storm sewer line
Parcel I, XIII, IX and X
4. Any prohibition or limitation on the use, occupancy or improvements of the land
resulting from the rights of the public or riparian owners to use any waters which
may cover the land or to use any portion of the land which is now or may formerly
have been covered by water, and the right of use, control or regulation by the
United States of America in exercise of power over navigation.
5. Any question that may arise as to the location of the lateral boundaries of the
tidelands or shore lands described herein.
6. Unrecorded leaseholds, if any; rights of vendors and chattel mortgagees of
personal property installed upon said property, and rights of tenants to remove
trade fixtures at the expiration of the term.
7.
Easement, including
instrument;
Recorded:
Recording No:
For:
Affects:
its terms, covenants and provisions as disclosed by
December 13, 1961
760583
oil pipeline
Parcels V, VI AND VII
8.
Agreement, including
Recorded:
Recording No. :
For:
its terms, covenants
December 13, 1961
760583
Oil Pipeline
and provisions;
(Affects Parcels II, III, V, VI and VII and other property)
Special Exceptions - Continued
File No.: E-114136
9.
Easement, including
instrument;
Recorded:
Recording No:
For:
Affects:
its terms, covenants and provisions as disclosed by
February 1, 1977
1157940
oil pipeline
Parcels III, IV and XII
SC{jt
END SCHEDULE B
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OWNER'S POLICY ENDORSEMENTS: NONE
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A. SIlTTLIlMEN"r STATIlMBN"r
8, TYPE OF LOAN
U,S, DBPARTMIlNT OF HOUSING
AND llRllAN DIlVI!LOPMIlNT
" 10. l502.026S
1.0 'IIA
II. a VA
1. lOWl ",*~1
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I".,...,' .....t .r. ""-'. It_ .... "/ (P'.".CI""'" ~1e1 ""tll. thl eIM1",; tllty .,.. ItKlN'l Mr.
or n'.....n_' IV'DNII _ .... not MUlde<f 1'1 t1,. totah.
P.IUIlIW:" ..tn 0' ICltlDoflt: I. IWt[ AND....... O' .llD:/TA.ll 1.1l.~ f. ... "Ill MID"-SS 0' \UI)O;
C, NOTE,
CITY OF BRBM&RTON
MARILYN FINLAY
BRSM-AIR DISPOSAL, INC.
CASH
ller In....
to
t.
t.
P. O. BOX 990
JRIMBRTON, WA '8)3 7
lI.qTTUJIlNl AGPT:
AVE 1.,oAN1) TITLoE BSCRON
PUCI Of IITTLE.IlTl
96S7 LEVIN ROAD N.W.. SUITB 110
SlLVBRPALE, NA 98383
K,
400,
411. COWl.... .al.. 'rlc.
411.,.... I r1'
'.826,66 , .
,...
4Ol,
l,II""''' fer tt_ .tel
'06. t\ It t....
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,
/'09,
no.
.".
4U.
'11.
414.
420,
1.$fTTlfMnrt ~Tt:
JOl7 OLrMPUS DR.
lIIlDlBRTON, WA '8310
Q.'lOP!llTl LOCATlONl
PROPERTY MCKENZIE/SHELDON
KITSAP COUNTY, WASHINOTOH
01/10/9i
100. CR:lSS JlIO.M' IXlB
101. ,..I ,dt
10Z. '.r...\ IK_rh
, . ..tU.....t cht,. .. to bon
,...
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Adi",'.". tor H... ld
'ot. t'tv/1'OII'l tall...
101 C 'P-
101. .,........,..
,..,
1\0.
In.
Ul.
"'.
114.
l20,
\I,. U,OO
868,000.00
"
..tt.r In lIeN
t
to
"
GR:lSS llMXm' roE
l1lCM
ZOO. IIQIf1S 'AID .., . II III1,lI,J Of
101. O...lt or ........t ......v
tal. priM'.' IIoIIlU'\t of NW tOIn(a)
~lD3. '.c,.tl,. 101"(') 1':"," U]Kt to
lO4.
lOS.
QROSS :AIoU.INT roE
872,826,66
868.000,00
S 1'I0IiI5 IIf 'IQM TO
1. III~'" U ,.. t t I
502. "'H..-nf t .n.,. (lh. "00)
SOJ. II'U I 1ft M eet to
04' .. f flrtt .rt l n
S ,. ,.f ncond IIOrt.... lotn
..
,""
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S01.
\C~
.. .fotl_ '. n.r for h_ ,. .U r
110 " t.... t. , .Cl 'WI tax.. t. fK-
Z11. COlftY 'PH 07 01 9& ,,07 10 '8 1\, . 07 01 98,0 , 10 '8 ~
I . . to Stz. la.. . ..
n:s. ...
lU. '"
It'). I.
l1'. ...
" ,n.
111. 51'.
". S19.
220, 520. 'IO.D\L RmX:TIal NOJNI'
306,44
J06.U
8 8.000,00
l06,"
867,693.'6
I f~th... :.~tl;'tlMt r=:'
CITY U~ 8R~KRTON
- I__.~_... -a.,
letf'OWt'" ..lI.... lJ"p-AIR DI5~t INC.
.... ........, 1att\~l.I\"~ .1"" I '-w ..,...,td h .. trut .. Keur... .ee..". of thl, tr"'~'(on. I hIw clUMd or ifill
e....' ."... to.... 4.._.._ in KCo"*,,,* "ll1'tl thh .,.t......
,-,tl..,t ""1' ....
~I~: n h . (:rl_ 1'0 ~',..l.,..... t.,.. Itr,~' to 1M ......,td "".. on '''1'' " ., .1.U..r tn:. p., <kR)
1&'f'~~on~,g~lgn~... tntliJdt.. f.. WId .. ....nt. 'er .t. . IN: T ,. au. . c-. '~~CIUI.\t\~~'O:o'~'.Z
.>
..----"
. '
L
SETTLEMENT CHARGES
~2~
-"
100, TOTAL SALES/BROKER'S COMMISSION PAID 'a'" 'AIO MOl
tined on Dl'IU I Itf.A nno no -L- .. .,..,...', .$fUlJt,
,u.s." fl.lD5A'
'lvi.ton of C_iul", (II.... nJO) .. "11",,,( $tULWNT 5lnL~un
701 . fO H.lI.
"" . 10 hI.Il.
1Q.1. c..U'''M'I Hid .1 '"UIMnI '"
YGf..
800. ITRM~ PAYABLE IN CO~ION WITII I'o~
It, L'1I\0\',.1,,'~ .
1Ol. lC*' DltcllU'l\ .
... MDl'".t"l '" ~o -
1M. erlCll1 lleort !O
lIS. t......, I,-,'or.,..
.. ."1.... I,.uraneo ArmllullCltt 'It! to -
"1. ,...~'10f'l~..
110II.
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816.
HQ... ITEMS RV
901 In'...... 'rea to
"" MMbMlIII. l"'ur~'rlllli~tor ~tll.to
901. ".Iud II'lIUrMU "1'_11.. for - .....n '0
... JlOCld Irwur...::. Pr_i~ tor - wan to
m...-. WITH
1000 RRSRRVIS DI!POSITIlD LENDER
l001.II-'lIl'dINl_. lIIllI\th. . _r~"
1001. Mot..... I~r_. IIlInlh.. Dlr IIDnth
1003. [Itv ar..rtv t... .....,.... ,-..
, -.... .. , -.
la. At'III.Irol .....dHIh IIllI\t.... . Dll'lIOf'ltfrl
ION. , lead f"'trant:~ Iltlft...... _I' -.,'L-
loa7. MI'Ith. . DIIr lMn'h
,.... -..... ~..
1100 TITLI CHARGIlS
""" _h ~. .", on 1,.no no
""" ...., .. ,......-... ..
llUl. lith .__I_h~ to
J.lRl...' ..
"... p- h
11~ ".""\1' t... t,
"07. i\t'torntV"ttM ..
<I~I"'" ,
1101 TiHe t"""Ml!. 10 LAnd 1"itlA ~~.I'l.V " ".
,tnr:'lIdh ....... H_NJIIle"l
tlOl' l...."., t'ftW"... J . Taw t
-
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"" , L.n" T" 1 , '"
nu. ,.,.. 1... OIrleI". 'aliN ," ',.n" T" 1 "
1U.l Sat_1M lllr"'dlr.. .alley '"
In.. WI"n"" Pili_ L.U>d Tit.1.
1H~ ~JtA.RQR!:;
1200 GOVlJRNMRNT RRCOROING :u.m TRANSPIlR
1m,. .Jeardll'll '.S. bHd , 2" no .Mort.... , :..l.... .. 10
UBI Cltv/ClIU'lh tl.ll .t.... DeedS tMDl't_'
UO. ItatltaUlt_1 I)'" l a....rt_t ,
'''' Inl.. '" TaJl. . 2 no
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AGBNDA BILL
BRBIIBRTOII CITY camrcIL
1.
SUBJECT: Exercise Option to
Purchase Envirofil Property at
Smith Cove
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
May 27, 1998
Admin. Services
K. Mccluskey~
May 21. 1998
2.
CT~~~~NCES: (comment on back
if necessary)
City Attorney
3.
EXHIBITS:
Option Letter
Real Estate Option Agreement
ENDORSEMENTX INFORMATION__
MAYOR ~ .,d. -d..- /..-
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT
Environfil, commonly known as BremAir, and the city entered into a real
estate option agreement dated November 26, 1996 whereby the City agreed
to option the Envirofil property adjacent to Evergreen Park. It is
recommended that the city exercise this option and assume the liability
of existing environmental conditions of the property that pose little
exposure according to the City's consultant, Failure Analysis.
8 . RECOMMENDATION:
Motion to authorize Mayor to exercise option to purchase real property
from Environfil as described in the option Agreement dated November 26,
1996.
9. RESPONSIBLE OFFICIAL: Executive
ENFORCEMENT OFFICIAL: Executive
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED
TABLED
APPROVED
DISAPPROVED
AMENDED _
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO:
OFFICE OF CITY ATIORNEY
239 4th Street. Bremerton, Washington 98337. (360) 478-5345. fAX (360) 478-516\ . E-mail: legal@ci.bremerton,wa,us
May 6, 1998
Robert J. Berres
Envirofil, Inc,
P.O. Box 990
Bremerton, Washington 98337
Re: Real Estate Option to Purchase
Option Agreement dated November 26, 1996
As Extended.
Dear Mr. Berres:
The City ofBremerton by this letter exercises its option to purchase the real property which is
subject to the City ofBremerton and Envirofil's Option to Purchase Agreement described above,
This exercise is subject to the condition of title, which is to be free of encumbrances and defects,
The City understands that a preliminary title report has been obtained by Envirofil, and that the
City has not yet been provided a copy, The City is willing to adjust the strict tenns of Paragraph
5, relating to Condition of Title, It is agreeable with the city that title be cleared to the
appropriate condition and that Envirofil then provide a copy of title commitment with a short
period of time for review by the City, Envirofil could then provide the City with an executed
statutory warranty deed.
Very truly yours,
Lynn Horton
Mayor
* Equal Opportunity Employer *
VUN\
WAm MANAGEMENT
BREM-AIR DISPOSAL, INC.
P.O. BOX 990
BREMERTON, WA 98337
PHONE <360\ 674-31116
FAX (36O) 61'4-3&16
September 23, 1998
Ms, Kathleen L. McCluskey
Director, Administrative Services
City of Bremerton
239 4th Street
Bremerton, Washington 98337
Dear Ms, McCluskey:
Enclosed is a copy of the attachment to the Real Estate Option Agreement entered into by the
City of Bremerton and Brem-Air in November 1996. It appears to be a printout from the
assessor's office and lists various parcels and the taxes associated with them. If you add the
totals together the SlUll is $868,000. From what I understand, Land Title looked at this
attachment to the Real Estate Option Agreement and utilized the SlUll of the tax amounts as a
method of calculating the fee to be paid to Land Title in the sale of this property.
I hope this satisfies your inquiry into how the value of the Bremerton property was determined.
If you do have any further questions please feel free to call me at 415-2761.
SEP-18-98 09:48 FrOl;H E W M SEATTLE
12084470849
N49 P,Q21ll Job-070
LMCPHEE 10:23 AM
ATS/T0250
CURREN'1'
SUMMARY FOR 132401-2-022-2002 11138684
Tax Yr Lan~ B1d9, e~o.
1996 61000 9000
1"7 61000lC 9000) (
s tus
10/1S/96
Tot.a1
70000
70000)
o
BRIM AIR CISPOSAL INC
POBOX 438
BREMERTON WA 983370106
-
StatILe: T/0010 SECTION 1) TOWNSHIP 24 RANCE 01 IMORt OESeR!?!: ; : ~~ FIL!)
Land use: 48000 PARll) 1H PTH GOVT LOT 1 SEe 13 OAF SAAP 893.3FTN_ANg
Acres: .47 22-1 2 E OF SW COR SO GOVT LOT 1 TH E 140FT S 60FT Tft E TO
Map #: lU32-1051< MEA N~H SLY ON MEA t.N TAP E Of' PT 120F'I' S OF POB TB W TAP
Cate Prlce !p Ie exei.. no ' Id oaie C~~nt.s:
Q383 75000 W SG 8301666 CK30 960 14 REVAL
CHOO 910522 REVAL
MGQ1 870513 ANNUM. UPDATING
SEP-18-98 09:48 Fr..:H E W W SEATTLE
12084470849
T-'4; I Jab-070
LMCPHEE 10:23 AM
ATS;C2330
~L DESCRIPTION FOR 132401-2-022-2002
10/1S/1J'
1
Z
3
~
6
7
8
9
10
11
lZ
13
t4
22- 12FT t OF SW COR SO GOVT LOT 1 TH E 140rT S 60n TH E TO
MIA LN '1'H SLY ON MEA LN TAP E or P't 1201"1' s or POB TH W TAr
120F'1' S OF POB TB N TO POB EXC TH P'l'N LY W OF E MGN SHELDON
BLVD rAlH2) 't't)t.DS FM'C FOLG DESe t1P~S TH PTN GOVT LOT 1
SEC 13 DAF BUP 893.3 F'1' N AND 22-1:2 E or SW COR SO (l0V'!'
LOT 1 TH E 140FT 'l'H S 60FT TH E '1'0 LN TH SLY ON MEA LN
TAP I or P'1' 12bF'l' S OF POB TH W '1'A!' 1.201"1' S '1'0 POB '1'K N TO
POB PAR ( 3) TH PTN GOV't' LOT 1 SEe 13 OAF BMP 933. 3 F'l' N AND
162 . sP'r E OF QTI\ nc COR BTW SEes 13 AND 14 AND RUN TH S 100
n TH E TO GOVT MEA LN 'l'H NLY ALG SO MEA LN TAP E OP POB TH
W TO fOB EXC THFR. THE N 101'1' THor LY E OF SHEt.DON BLVD TGW
FIRST CLASS TDLDS AOJN EX'l'ENDING TO LN or MEAN LOW TIDE EXC
TH PTN LY WLY OF E MGN SH!t.DON BLVD
PRINT TO FILE
-
SEP-IS-U 09:41 Fr..:H E W W SEATTLE
12014470149
T-24! P,04llt Jab-Ora
LKCPHEE 10:22 AM
A~S/T0250 CURRENT SUMMARY FOR lJ2401-a-02,-200S #11381S.
BREM AIR DISPOS~ INC T!J9~r 18~Bg aldqj6:~go
~~EAil~~a8 WA 983370106 1997 ( 18600gl~u. 364000)(
10/15/96
Total
'50000
!l50000)
o
-
~~~a/~:~:T(~g5g U~U?N",},3p:m,,!'HIPi2~ W'iE~1-1lf~D~gmriiNoiNNRr)
Ai~.'; liH-lo5x ~g~ ~~g~ ~;tr~pMm~PT~Fo~ fg;C~~'~l!OEorg, ~gfi
oata Price Tp Ic Excise no Id Oat. EO ents: ,
ClC30 960814 ' ,
ClCOO 910523 AL
CHaO 900625 ADDED W'lT CHARACTERISTICS
OE02 861009 LAND USE CODE cHANGE
ATS!C:2330
SEP-11-98 09:49
Fro.:H E W M SEATTlE
12014470849 7-249 P,OI/ll Job-070
RP LEGAL DE5CRXPTXON FOR 132401-2-029-200~ ~O/~5/9'
,
.
SBCTION 13 TOWNSHIP 24 RANGE 1E
PAR (A) TH P'l'tl' 1.1' N , W OF A LN TnO TO MIDDLE P'l' OF N1:LY
BDRY '1'1IOF . THJ: MIDDLE PT OF A, LN CONNECTING THE NW & SE
COU THOF ot FOP ALL TH PTJf 07 LO'1' 1 LY N ~ E' OF 5HEUlON
JI.vn SUP 3B:1..3lT N & 411n I OF SW COR OF LOT 1 TH N 104 rr
'1'Il W 106" TB N 168" TH Z 12'"' TO GOV'l' H!A LN 'l'B n,y AI.C
SD GOV'l' MEA LN U8.3" TH S 1nFT TAl' Ii: OF PCB TR iii 107"' TO
POll EXC 'rHE FDT BMP 562.16 FT E .. 476. 3FT N 07 " COR OlP
:tD'1' 1 1'B W SOF'I' TH N TO GOV'! MZA t.N 'I'H Sn,Y AtG SO lOA LN
TAP DIR N ot POB TH 5 TO POB PUt!) PT OF GOV 1. 1 Au. THAT
P'l' LY%NG S & E OF LN THRU MIDPOINT or NILY BDRY , MIDPOINT
OF LN CONNECTING NW . 5E COIl 01 THE row else T1l ALL 'l'HAT P'!!
of 'I'HE FOLG DISC 'I'R IN GOV L 1 LYING N " E OF SHELDON BLVD
BAAP 381.3FT N , 471FT E OF THI SW COR OF SD LOT 1 N 104"' W
106FT N 16err E 129 FT TO THE GOV HIL alLY ALG SD MIL 148.3
F'l' 5 1S1FT TO A P'1' E OF THE POB iii 107"' '1'0 THE POB EXC THI:,
FOW DlESC TR 5li:G AT A P'l' 562.16FT E " 476.3FT N OF ::~.:. -'
COIl OF so LOT 1 W 50FT N TO 1'1.11. SELY ALG 1'1./1. TO A PT
DJ:UCTLY N OF 'rttE 1'05 S TO TO: POB ALSO P'1' OF GOV L 1 BAAP
562.16FT E " 476.3FT N OF THE SIiI COR OF SO GOV L 1 RUNG iii
50rT N TO MIL TH IN A SELY OIR ALG SO MIL TO It. PT DIREC'l'LY N
OF 'l'BE POB 5 TO THE PCB EX PT S OF OF THE NLY LN of SBLDON
BLVD PAR(C) TN PTN OF T1l 3 BU; 6 BA\lVtEW AOON OAF BAT SW COR
OF GOVT LOT 1 TH NO*S7'02E ALG THE W LN OF SO GOVT LOT 1 A
DIST OF 653.301''1' TH sae.26'OOE 4'~.63FT ~o BAL GOVT ME1 LN
TH ALG SO MEA LN N33* 11'04~ 58.88FT TO TPOB 'l'H CONT N33*11'
04W 80.33FT TH ALG THE N I.N OF SO TR 3, Noll.""!>6! 90:00FT TB
588*11'04E 29.S7 FT TH S41*44'561i1 40.68FT 'l'H S33*11'04E
64.14FT TH S57*29'08W 41.63FT TO TPOB PAR(O) LOT 1 BLK 2
PAIlX PLACE ADON TO CITY OF BREMERTON PARCE) TH PTN OF 'l'R 3
BLIt 6 BA\lV1:!I:W ADON P'1' OF LOT 3 OAF COM AT THE t1 S MEA COR SO
COR BUNG LOC ON SHELDON BLVD " ON THE W MGN OF WATER sot AS
SHOWN BY ALL HARBOR AREA MAPS N34*44'W 264.18FT FO~ so MEA
LN '1'H l:N A. NELY OUt ALG TH1i: NELY LN OF LOT 3 BLK 6 OF MAP of
BAYVIEW ADDN 300FT S TAP 50FT E OF TllE POB TH iii 50n TO ~01S
EXC PT OCCUPIEO BY SHELDON BLVD EXC TR PER VOt. 604/300
:;
.
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-
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SEP-18-98 09:49 Fr..:H E W Y SEATTLE
120844T0849
T-249 P,OI/11 Jab-OTO
LMCPHEE 10:22 AM
AtS/T02S0
CURREN'r
SUMMARY FOR 3709-005-009-0008 11.22~07
1
~8 B14q, etc::o
( 700~1!u. OJf
COGEAN AVE
Tax Yr
1996
1997
1208
10/15/96
Total
7000
7000)
o
8REM AIR DISPOSAL IHe
P 0 ax 438
BREHERTON WA 983370106
-
St.t/Lc: T{0010 aAYVIEW ADDN
tancl I.IS.: 1.101 BU 5 LOT 9 EXC
A;~.'; A~J2-1oeK
E 29" nor
Data
Priee Tp Ie Excise no
Iel
013 0
G03
ClCOO
ClCOO
Ma01
Date
,eosolS
930607
930603
910523
870513
COllllllants:
RBVAL
DP93-62CM FOR 92/93
DP93-lS2-CK
ff'~ UPDATING
TORN OWN
SEP-f8-98 09:49 Fr..:H E . W SEATTlE
f 20844T0849
T-249 P,DT/ff Job-OTO
!.MCPHEE :LO: 22 AM
ATS/T0250 CURRENT SUMMARY FOR 3709-oo~-ooe-0009 #14aap?l
Tax 'ir Land Bld.q I 82tc;0'
BREM AIR OISPOS^L INe 1996 7000 00
&RiMIIT6~8 WA 9S3370106 1997 ( 7oogi~U8 20001 (
515 SHELDON BLVD
10/15/96
Total
'000
gOOD)
o
stat/~c: T{D010 BAYVIIW ADDN
Land use: ~6000 ILK 005 LOT 8 EXC E 29rt
Ai~Q'; Rf!2-10'K
819: ria8! QP is ~i6g!ogo
Id Data m10 ~,nts:
c:K30 "0806 ....
CMOO 910523 R AL
.
-, .
SEP-II-91 09:49 Fraa:H E W W SEATTLE
12064470149
T-249 P,OI/ll Job-070
LMCPHE! 10:23 AM
ATS/T0250 C~ENT SUMMARV FOR 132401-2-015-aOOl 1113SG27
Tax y~ Land Bldq etc.
aRE!! AIR DISPOSAL IHe 1996 127000 ' 8300(' I
POBOX 438 1997 ( 1270001 ( 83000) (
BREMERTON WA 983370106 situs
607 14TH ST
10/1I/U
Igtal
2 000
210000)
o
Stat./Le: T/0010 S~:ION 13 TOWNSHIP 24 RANGE 01 (MORE DESCRIPTION ON FILE)
Land usa: 55000 ~T P'1' OF FOU; LV ! ot SHELDON BLVO 1>'1' OF GO\'1' LOT :I. ,
~~p.,; kig!-105~ ~~~Sl~F&2~ ;~Ff~G~P~3Ti~wNLgFofK~Dl~~vgO~~ A
Date P~io. IP Ic Excise no Id Date Commants:
0281 250000 P 8100781 CM30 960814 ~EVAL
0277 94000 R 7701307 CHOO 910522 RIVAL
1172 2172 Q EX 7291504 MGOl 870513 ANNUAL UPDATING
SEP-18-98 09:50 Fro.:H E W W SEATTLE
12054470849
T-249 P,09/11 Job-OTO
LMCPHEE 10:23 AM
ATS/C2330
LEGAL DESCRIPTION FOR 132401-2-01~-200~
,
~O/lS/g6
1
2
3
4
5
6
os '2ND CLASS FR'1'G BAAl' 923. UT N OF THE 1/4 COR B'rW
S 13 , 14 SO 'rWP . RGE N ALG TIll W LN OF SO GOVT LOT 1 A
o ST OF 180.44" MIL TO THE S LN 01' 14TH S'1' TH E AI..G SO S LN
T THTHE M~ LN3 SI.YH).LG THE MEA LN TO A PT E OF THE P08 TH W
o E POg , .47C '
PRINT TO F!!,'" I
-.
SEP-18-98 09:50 F,..:K E W W SEATTLE
120844r0849
T-249 P,10/11 Jab-OrO
LMCPHEE 10:23 AM
ATS/T02S0
C1J1UtENT
SUMMARY FOR 132401-2-028-200& 111'!~'r
TalC Yr L&nci ald9, etc.
1996 22000 0
1997 (22000)( 0)(
Sltua
10/1'/'6
'ft58a
22000)
o
BUM AIR DISPOSAl. INC
P 0 eox 43.
BRlMERTON WA 983370106
s~a~/~Ol 'r/QQ1Q SECTION 13 TOWNSHIP 24 RANGE 01 (MORt DESCRIPTION ON FI~)
Land \.Ise: nooo '1'K P'rN OF FOP IN GOV'l' LO'r 1 t.Y !I.t OF MaENZII AVE DAM'
Acra,: .11 NO*S7'02E 773.JOFT , 58..26'001 142.'OFT Fa T E SW COR OF SO
Map I R132-10'X QOVT LOT 1 TH Sl*57'02W 120FT TH SSS. 26'001 TO ~ GOVT MEA
Date Price Tp Ic Excis. no 14 Date Camments:
C1130 910114 1U:VM.
M003 930607 DP 93-61CM FOR 92/93 TORN OWN
CMOO 930603 DP93-61-cM
CHOO 910523 RIVAL
MGOl 870513 ANNUAL OPOATING
SEP-18-58 09:50 Fr..:H E W W SEATTLE
120844T0849
T-245 P,II/11 Job-OTO
LMCPH!! 10:23 AM
ATS/C2330
LEGAL DE3~PTIOK Foa 132401-2-028-2006
10/16/96
1
2
3
~
WS
NO*5 '021 773.30FT , 881*26'0 I 142.50rr FR THE SW COR OF SO
GOVT LOT 1 TH Sl*S7'02W 120FT TH 588* 26'001 TO BAL GOVT MIA
LN TH KWLY ALG so MEA LN TAP 588*26'001 FR POB TH N18.
26'OOW TO POB !XC SHELDON BLVD
PRINT TO FILE
.....
OCT 15 . 98 1,H'Jl 1238 :'AND T],LE ESCROW
3606928669
PACE 2/3
....... TYl'S OR ...... r RJ:.\L. ESl'ATI EXCISE TAX Am~vl'r 'i1llt '"'" i.)WI'...... """'-.od
...---- ' by-,
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.,..... ____ PI. J 1. ..-
II_ r.o. ...'!190
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TAXP"Y8~
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OCT 15 . 98 tTHU) 12 39
LAND TITLE ESCROW
LAND TITLE OCReM'
9657 LEVIN ROAD N.W.. SUITS 110
SILVlkDALB. WA "383
Buyer I
SeUer:
Property
Addreas:
360 692 8669
CITY or IJRDIBR'rOlf
FI\IAL
BUi'1IlS SITTLIIMBlrT STATIIlIIIT
MMILD' !'IIlLAY
BalM~AIk DISPOSAL. IHe.
PROPIaTT IIC....~IB/~ AVB
<ITSI'P COUIlTY, IIASIIIIl<lTOII
PACE 3/3
Order Number: 114136 B8crow ~~rl ~~10.97~CA Settlement Date I 07/01/98
Settlement Agentl Cathie AMea LPO NumbeT:
Bxpenses
Title lnauranct to Land Title Company...........
I_crow Fee ~o Land ~1tle c~~................
Sales Tax s.crow Pee to Land.Title C~ny
Sale8 Tax Owner. Policy Fee to Land Title Company
Work Vae to Land Tit:le COfIPeny
RecQrdlng of Deed............. .". . . . ... . . . . . . . . . . .
BXCISB to MIlClAII MtlIll-~IIMBtJltSBllIIIIT
Deposit to Sserow
Sub-totah
................................................
.hlam:e due from Buyer
Total.
~~'l"'>
C.thle ~e ~
Settlement Agent
LPO .
,-13-"IB
Date
2,115.00
1.ne.OO
In,50
].71.32
891.83
15.00
2.00
4.IIU.6s
..814.65
Credits
4.5:ilO.:ill
4.520.21
294.44
4.814.65
TITLE
OFFICE
D Silverdele
9657 Levin Road N.W.
Suite 100
P.O. Box 2737
Silverdale, Wa 98383
(360) 692-2233
FAX: (3601 692-2244
ESCROW
OFFICES
D Port Orchard
2501 S.E. Mile Hill Drive
Suite 101
P.O. Box 1489
Port Orchard. WA 98366
(360) 876-0450
FAX: (360) 876-0574
D Silverdale
9657 Levin Road N.W.
Suite 110
P.O. Box 2737
Silverdale, WA 98383
(360) 692-4033
FAX: (360) 692-8669
D Poul.bo
1040 NE Holrtmark St.
Suite 100
Poulsbo, WA 98370
(360) 779-7172
FAX (360) 779-1004
.~
.
LAND TITLE COMPANY
r'"
: " I
i i "
:,. .
:( I"~ I',
if., !'1 iL,
I.,)
n flit i ~
"i b' I.S
-_._-~--
July 30, ~~98 Jt 3 , I99B
CITY OF B I~RTON '
4TH STREE r
BRBMERTON---
ATTN. JACKIE
I
I
.._...1
f
Enclosed please find your final policy of title insurance in
regards to the following transaction:
Seller Name:
Buyer Name:
Our File No.:
PINLAY/BRBM-AIR
CITY OF BRBMERTON
E-1l4l36
Property Address:
PROPERTY MCKBNZIE/SHELDON AVB
KITSAP COUNTY, WASHINGTON
~..:!I
,j
.~it.QiII
,cj .l......
Please call us if you have any questions regarding this policy.
For your convenience please use our "800" number. (800) 950-4321.
Thank you for allowing Land Title Company to serve you,
We appreciate your business!
Sincerely,
~/
Land Title Company of Kitsap County
Silverdale Title Office
EXponenf
Failure Analysis Associates
Exponent
149 Commonwealth Drive
Menlo Park, CA 94025
telephone 650-326-9400
facsimile 650-]26-8072
www.exponenLcom
May 21, 1998
Eugene W, Sampley, P,E,
Director
Department of Public Works & Utilities
City ofBremerton
3027 Olympia Drive
Bremerton, Washington 98310-4799
Subject: Current Status of Evergreen Park Expansion Project
Contract 8600A5Q,OOl 0301
Dear Gene:
This letter is an update on the proposed Evergreen Park Expansion project, The project
represents a unique opportunity for the City ofBremerton to participate in a model
brownfield redevelopment project that returns the property along Smith Cove to a beneficial
public use, Throughout this process, the Washington State Department of Ecology has been
working closely with the City to ensure that rapid and appropriate solutions to cleanup will
provide a safe, multifaceted park.
Based on the investigations conducted to date, the information known at this time, and
discussions with Ecology, we believe the City's long-term liability relating to cleanup and
redevelopment is minimal, particularly for the Brem-Air Disposal property that surrounds
Smith Cove,
We appreciate this opportunity to be of service to the City ofBremerton, If you have any
questions, please do not hesitate to contact me at (360) 830-2211,
;;~
Roger B, Horne, Ir,
Principal Engineer
Exponent Failure Analysis Associates, Inc,
RECEIVED
MAY 261998
uapt. ..". .u..,..... I.VII";:) ana
Utilities
City of Bremerton
<COPY
LYNN S. HORTON, Mayor
2394th Street. Bremerton, Washington 98337 . (360) 478-5266 . FAX (360) 478-5883
May 28, 1998
Robert J. Berres
Envirofil, Inc.
P.O. Box 990
Bremerton, W A 98337
SUBJECT: Real Estate Option to Purchase
Option Agreement dated November 26, 1996
As Extended
Dear Mr. Berres:
Pursuant to City COWlcil authorization, the City of Bremerton by this letter exercises its option to
purchase the real property which is subject to the City of Bremerton and Envirofil's Option to
Purchase Agreement described above. This exercise is subject to the conditions of title, which is
to be free of encumbrances and defects.
The City understands that a preliminary title report has been obtained by Envirofil, and that the
City has not yet been provided a copy. The City is willing to adjust the strict terms of Paragraph
5, relating to Condition of Title. It is agreeable with the City that title be cleared to the
appropriate condition and that Envirofil then provide a copy of title commitment with a short
period of time for review by the City. Envirofil could then provide the City with an executed
statutory warranty deed.
Sincerely,
~J~L
Lynn S. Horton
Mayor
LH:ev
cc: Leslie Nellermoe, Attorney
* Equal Opportunity Employer *
.
CITY OF BRBKBRTON
239 4TH STRBBT
BREMBRTON WASHINGTON 98337
FAX NUMBER (360) 478-5161
(360) 478-5345
FACSIMILB COVBR SHEET
TO
c'
TRANSMISSION VERIFICATION REPORT
TIME OS/29/1998 14:54
NAME BREMERTON LEGAL DEPT
FAX 3604785161
TEL 3604785345
DATE,TIME
FAX NO. /NAME
DURATION
PAGE(S)
RESULT
MODE
OS/29 14:53
94791772
00:00:52
02
OK
STANDARD
ECM
"
CITY OP BRBKBRTON
239 .TJI STRBBT
BRBKEll.TON WASBl:NGTON 98337
FAX NUMBER (360) .78-5161
(360) U8-53U
FACSIMILB COVER SHBBT
DAT' ..... ~,:;tJ, r::jq fj
TO~O &--LL "UU Qu f'YVX-
INDIVIDUAL
FAX NUMBER aocP -4+7 - OEA4
TIME a: ,,,~~p, ""'- .
tiU~ 7t~\~
, , '\ FIRM-yvy,. (l ujJ:.JLL
Lu~a- r-- - 'I -
NUMBER OF
,
JCY)
TRANSMISSION VERIFICATION REPORT
TIME OS/29/1998 14:56
NAME BREMERTON LEGAL DEPT
FAX 3604785161
TEL 3604785345
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
OS/29 14:55
912064470849
00:01:04
02
OK
STANDARD
ECM
Page 1 I
I Paula Johnston - Re: Brem Air Transfer of Property
From:
To:
Dafe:
SUbject:
Glenna Malanca
Paula Johnston
FrLMay8.19981:21PM
Re: Brem Air Transfer of Property
Yes, I was not sure if Council had, or had not. approved the acceptance, I have tried to attach
documents to e-mails, to no avail. So I'll interoffice the draft to you,
>>> Paula Johnston 05/08 11 :52 AM >>>
Do you want me to get the letter on Council agenda for 5/277
>>> Glenna Malanca 05/0810:16 AM >>>
Please update Kathy on my activities, i am talking to Nellermo, Brem Air's attorney, They are
working on the condition of title, trying to clear it of a couple of specks, Our letter of exercising
our option is drafted, Nellermo is asking that we wait to deiiver the letter until she works a bit
more on title, All we have to do is deliver the letter I have already drafted before June 1, We
can go ahead and have the council approve the letter and Brem air will provide the deed,
>>> Paula Johnston 05/08 9:54 AM >>>
Kathy asked me to remind you that she sent up information on Brem-Air transfer of property
adjacent to Evergreen Park, There is a deadline of June 1, 1998 to get the deed prepared and
approved by City Council. The agenda bill and deed must go to Council Committees no later
than May 19 and 20 and to City Council on May 27, 1998,
Please advise of status and if I can be of assistance with the Council process,
thanks!
_._._,~.
._..._...........m......"'..... ....,.._._........._.""'__, .."_.......,......._."..,,...,_"""'..._,............._.........."m.m..."..........m......._......"..,."""u...,.."._.._.____._._.mm~..."._. ......_........_m.m
.--.----+-.--.--.----.- ----.-.-.-.-'-.-------------,-.-..-.-.-.-.-.-.---.-.-.--.----.-.....---.- "'--""",'--"'~'
INTEROFFICE MEMO
I~I\Y - 6 /ClClR
DATE:
TO:
FROM,
RE:
05/05/98
GLENNA MALANCA, CITY ATTORNEY \ ) ../
KA1HLEEN MCCLUSKEY, ADMINISTRATIVE SERVICES DIRECTOR ~......
BREM-AIR/ENVIROFlL, 1Ne.
Attached is the property acquisition file for the Envirofil property, Please note the extension of
the option is in force until June 1, 1998, Please prepare the necessary Deed for acquisition of the
property, This will need to go to City Council no later than their 5/27/98 agenda to meet this
time1ine, I am out of town from 5/7 through 5/15, I would he happy to take through committees
on the 19'" and 20'" if you want me to,
FAX
I Date
04/02/98
I Number of po?;es inc/udin?; cover sheet
TO:
Leslie Nellermoe
FROM:
Kathleen McCluskey,
Administrative Services
Director \) ^ ./
City of Bremerton J~-
239 Fourth Street
Bremerton, Wa.98337
Phone
Fax Phone
206 447 0849
I CC:
Phone
Fax Phone
360-478-5290
360-478-5200
REMARKS: 0 Urgent 0 For your review
Attached is a fully executed copy of the extension agreement.
o Reply ASAP
o Please Comment
MAR-31-98 15:15 From:H E W U SEATTLE
12064470849
T-021 P,03!04 Job-040
......, ...... -~-- ...~ - -
ADMINISTRATIVE SEIlVlCES . Kathleen McCluske;y, Director
239 4th $tr..I' Br.,"orlon_ YOA 98337' (360) 47I1-j290' FAX (3liO) 478-S20n
March 24,1998
Ms, L..u. C_ Neil_OIl
Attorney . Law
Heller Ehnnan White " MoA\I1i1fe
6100 Columbia Center
701 Fifth Avezwe
Seattle, Wubington 98104-7098
RE: Exteuion of Real Eltate Option Agrwmem f'br Envirofll Property
Dear Ms. NeIlermOe:
On Febtuary 12, 1997. the City oIBremertOl1 executed a RaaI Eltate Option Agreement ("the
Ageemenl'') under which the City is entitJed to purcbue certain property in the c:ity held by
Eftviroti111\d deseribed in Exhibit A oCtile AJreemenl By itl terms. the Agreement would have
expired on December 31, 1997.
On DeceJllber 24th the City signed a 1etter of IIfeemenl extending ~ option to MarQ131~99
J ..)u~ l J \ '\.cti'
The City olBremerton wishes to extend the term of tile Agr~. described in section 2, page
ofthc Agreement by an additional four momhl to 1..11 :)1, tn.,leavilla all other tentll and
QOIlditiolll of the Agreement intaot IlId 1IIIChanpd. Under the Ajreement. the City'. Option she1I
remain in force until , the option is exercised. or the panie& agree to an additional
extension of its tenn, This letter is tended to deJCribe and memo~ the panies' agreement to
mend the City's Option under' th.. A
Jv\I\L.\J l.,,4(,5.~
Please siSnifY Envirofil's acceptance oftbe extension of the Opti~ent on these tentll by
signing below and returninJ thi. lcuer to my attention.
~~
Kathleen L. McCIUskey~i<;:~oJ
Administrative Servi~
.. t;qval OpporlUllity Employer *
~R-31-98 15:15 From:H E W ~ SEATTLE
12084470849
T-021 P,04/04 Job-040
.
~, Lalie C, NcUc:nnoe
Pap Two
March 24, 1998
\s-t'
Accepted on bchalt'ofthc City ot'Bremenon this.5 - day of March, 1998,
~J.d
Lyan S, Hortoll, Mtyor
Accepted on behalf ofEnvirofil this ...11.- clay ofMlrch, 1998.
City Attorney
~~~
.,.. ~~ (,v~""Yof;'1
cc; Raben Berres, Environl
TRANSMISSION VERIFICATION REPORT
TIME 04/02/1998 09:24
NAME ADMIN SERVICES
FAX 3604785200
TEL 3604785290
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESLLT
MODE
04/02 09:23
912064470849
00:00:50
03
OK
STANDARD
ECM
FAX
I Date
03/31/98
I Number of pOKes includinK cover sheet
TO:
Leslie Nellermoe
Heller Ehrman White &
McAuliffe
FROM:
Kathleen McCluskey,
Administrative Services
Director
City of Bremerton
239 Fourth Street
Bremerton, Wa.98337
Phone
Fax Phone
206 447 0849
Phone
Fax Phone
360-478-5290
360-478-5200
I CC:
REMARKS: 0 Urgent 0 For your review 0 Reply ASAP 0 Please Comment
Enclosed is a letter requesting an extension of the real estate option agreement for the Envirofil (Brem-Air)
property, This has been signed by Mayor Horton, An original will be mailed, I recognize that there may
be further discussion regarding this document, however I wanted to have the request in your hands today
due to the expiration of the previous extension,
~R-31-98 15:14 From:H E W ~ SEATTLE
12064470849
T-021 P,02/04 Job-040
HELLER EHRMAN WHITE & MCAULIFFE
ATTOIl.NI':VS
It. PARTNIiIt.SHIP OF PRUfESSION,,!- CORPO.."rIONS
6100 COLUMII" l;1il'fTU
701 FlnH AVINUI
SEATTU:
W."""""'.91104-109I
rlEUPHDNI; (206) 441-0900
F""'M'I.E: no.) ~._
&:'4TTI.III
Poan..uID
TM;~4
Alft;:ttQIt.w&
March31,1998
\.uoJI C, K.......-
(]06) 389.0130
~....
k-~.......E
SA~ FUi'H:1SCO
Los ANOELES
Pua ALTO
W"$HII'i'GTON. D.C.
HOMO KQJliG
ISlg~Mf
Via FacsiMil,
Kalhleen L. McCluskoy, Director
Adminisuative Services
City of BranertOll
239 - 4th Street
B~mcrton, WA 98337
Re: City Request for Extea.ioll ofRnllatate OpU8ll Alreement for Ellvlrofll Property
Dear Ms. McCluskey:
As we discusscd this momina. Enviroft! is willing to extend the date by which the City of
Bremorton i. required to exerci.. ita option 10 acquire Envirofil property:u part of the City's E"...areen
Park redevelopmenl project. I undersrand that the City has made subatalltial progress toWard resolving
both the technical U1d lepl issues presented by this project and that the City still desires to exercise the
option. I am authoriad to approve U1lll1tC11Sion oftbe option agnKllIItIIt until June I, 1998. I have
interlineated thai change in two places in the third parasraph of your leu<< arn1 signed on behalf of the
company. A facsimile eopy is anachecl.
llook forward to dillC;uI.iDg this projeel with Ms. Malane&. the City Attorney, in hopes that we
can facilitate completion of the City's negotiations with Ecology and transfer the property before the
option period expires.
Attachment
ec: Robert J. Berres, Jr. (w/enc.)
Duane C. Woods (w/enc.)
C3...2S.'?::::
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IF=Q 13 " 1998
02-S?J.K '
~pt .j'
EVERGREEN PARK MEET NG
MARCH 19.1998
Utilities
"it C
ATTENDEES: Sherrill Doran, c;l1i1 Colburn, AdmiJolll Roger Horne, Shawn
,
Severn, Ching Pi Willig, David Livelimore, Judith Aitkf n, Tom .Morrm (by phone)
Ecology aI1d Exponent met in Expone~t's Bellevue office (n Thursday morning, March
19111 at 10:CO am to discuss changes in ~he letter sent to Brenerton and Exponent outlining
Ecology's I;OlllmIJnts for the Feasibility Studies (FS) and C eanup Action Plan (CAP),
Bremerton (Gene Sampley, Bremerton:Public Works, and tilenna Malanca, the City's
Attorney) were unable to attend, Once' changes and techni( al comments have been
resolved, a revised FFSfCAP will be is~ued that will includ : a revised groundwater
monitoring figure, In addition, monitoring stations may be changed after soil samples
from the excavations have been analYZ\ld, and tidal data ha' 'e been evaluated,
E\;ulogy needs to determine whether Susan Lee or Mariann l Deppman would be Toxic's
Public Information Officer for this site,. Bremerton wants tl" get started figuring what
they need to do to help the public understand the program ai ld assist in writing the first
draft of the public hearing bulletins, It Is going to be a very high profile program and
already the local Rotary Club has pledged $100,000 to help expand the park and its
facilities,
A discussio:ll was held about the best approach for addressi~ g the site, Should we use a
Pre-purchase Agreement. Agreed Order, Consent Decree or a Voluntary CI~,anup
Program (Vep)? The vep was eliminated because Ecolog~' funding canno.; be part of
the program. Bremerton has questions about substantive co ltributions, future liability,
and pre-pun;hase agreements and how these affect the conse nt decree or agreed order,
Which is most efficient and can be most flexible? Is the Cit ( bringing suflkient funding
(over 50%)7 Will it qualify for Pre.pur~hase? Need to lalO'v what is happening on the
teclmical side,
Tom Monill. Assistant Attornev Gener~1 ioined us by teJecc Ilferencing fi'om Lacev,
Technical agreement is close and Tom needs to see the techl ical before he can approve
the project. However, in a general sense, the City can opt fo' either a pre-purchase
Agreement or a Consent Decree without losing Ecology func !ing, As the remedial design
work plan is developed (it will be part of the legal agreemen), either route will take
about the same amount of time to compl~te, The City can 1" oceed with technical
approach while Ecology and the AG's office can proceed wi h the administrative pOltion
of the program, '
Pre-purchase appears to be more attractive than a straight Censent Decree, We will reach
an agreement on how the studies of soils, sediment and grou\ldwater will be I;onducted,
Cost a.nalysis will also be included, although this estimate wtn't necessarily be binding
C3_,2~,_----'~:3
17:23
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004
I
!
EVERG~EN PARK l\iJEETb
M~RCH 13.1998
ATTENDEES: Ching Pi Willig, Shawn Sevel'n, David tivermore, Admh'al Rogel'
HOnlc, Call Colbunl, She1'l'i11 Donut, Judith Aitken I
I
I
Ecology, PTI, and Failure Analysis met Friday morning, M;arch 13th in Ecology's
Conference Room to conduct the first, of what we hope wj(: be many, working group
sessions. The purpose of the meeting: to discuss the comm mts that Ecology returned to
PTI regarding the focused Feasibility Study and Cleanup P an submitted December 1997,
PTl and Failure Analysis who are siste~ organizations in thJ Failure Group have changed
their name to Exponent. Both will be referred to as Exponent in this and larer
comnlUnications, ' i
The purpose of the meeting was I
. :to disVllss Ecology's response to the feasibility study I
. to decide which infonnation should! be covered by a tec~nical Jetter
. to decide what information needs t~ be included as part :>fthe revised text, and
. To clarify minor questions in the meeting, so that the su )jeet need not be addressed
any further,
A technical letter prepared by Exponent will respond to the tollowing items
. Use ofCPAHs with respect to the I~terim Policy
. An explanation for an elevated arsenic detection
. Discussions of the need for 20 sampling points for data .lathering
. Diehloromethene detections and the, need for fate and tn nsport modeling
. Calculations tor the soils under the Interim Policy
. Sediment justification for surtace w,ter
. Benzene/TPH standards in groundwlIter I
I
There is not enough ground water infor~ation for the site to determine final monitoring
where to place the monitoring wells, When we have sumci nt data we will be able to
determine where the long term monitorillg wells should be paced,
We will havl: an intbrmal work session 6n Thursday, March i19, to work out last minute
information, This is scheduled for 10:00 am at PTI (Exponej1t), Ching Pi Wang, Sherrill
Doran and David Livermore will meet at 9:00 am to talk abc\1t groundwater monitoring
points or sites, Ecology and Exponent will agree on a sampl ng plan that is technically
sound,
I
Need to chec,k on documentation that needs to be signed in order tor Ecology to be paid,
Adjourneu I
fudy~ I
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I
EYERGR~EN PARK MUTb
lWUARY 18. 1998
ATTENDEES: Sherrill Doran, Martha Turvey, Gail Colburn, Jim Spencer, c;ene
Sampley, Admiral Roger Horne, c;lllnna Malanca. SlIa'l11 Severn, Chillg Pi Wang,
Judith Aitlleu IInd Tom Morrill (tele~onferellcing from Lacey)
The City of Bremen on, PT!, Failure Malysis and the Depa,rtment of Ecology met at
10:00 11m on February ISu. 1998 to discuss the technical colnmel~ts on the FFS and the
procedures that we will follow in order to provide an exped ent cleanup, T,echnical
comments will be provided in written thrm before the next neeting, It is expected that
the Pre-purchase Agreement will be for the soil portions of the site, not the groundwater.
This reflects the agreement on performing a phased approa(h to cleanup,
Bremenon is concemed about long-range liability for the (ity, palticularly for ofl'site
groundwater migration and offshore sediments in Smith Co Ie, They are also concerned
about the high visibility that the site is going to have and WI nt to make sure that the
selected cleanup remedy will be technically defensible and tcceptable to tlm public,
Sediments !Il"e probably most bothersome in determining ho N to deal with them,
There ha~ been no digging on the site; rather the soil and gr1lUndwater samples were
obtained by Geopunch and Geoprobe, Piezometers were us,d in ground water data
collecting, The interference ofLNAPL with groundwater", as discussed and we
discussed the integrity of a cap for the site,
Martha Tu,"ey said that the sediments ill Smith' s Cove wer" not a serious problem at this
time atte! the,y appeared to be relatively clean. (please refer t) the letter Ecology sent in
response to the Feasibility Study and Cleanup Action Plan)
Bren~erton said the budgeted RIfFS cost: was about $240,00[, This amount was discussed
in conjunction with the grant process and prepayment optior, g,
The pre-payment request by Ecology call be done in parallel with the technkal review
and comments, Need to get the pre-payment paperwork to (rene Sampley as soon as is
possible, This will not be pa.t of the public review for the si'e but the Conse:nt Decree
will have public information session and they (the public) wi II have an oppmtunity to
comment on it,
Called Tom :\1orrill to discuss options for an agreement (i.e" Pre-payment versus
Consent Decree or Agreed Order but decided that it was a lit Ie premature, so postponed
it until our n,~xt meeting, (March 13, 1998)
Adjourned
Judv ~,A
::: _',L..i_,..;' 1'...11''':_
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WHA T' S NEXT?
We need tc> submit information to Tom Morrill, but this in. iudes intormatioJ1 that needs
,
to be also seen by the City's Attorney,' We need to reissue;he FS and then develop a
remedial design work pllln for the site,' The work plan rou~ h draft was exp,ected to be
available in ahout three (3) weeks,
The prepaid agreement between Ecology and the City shOll d be submitted to Mike
Gallagher, Section Manager, NWRO Ecology,
There was 11 discussion about the Chevron site and its cont~mination plume, Admiral
Home has discussed the potential ofth~ir plume affecting lJ1e park sites, He assures us
that Chevron wants to be a good neighbor and will be keeping track of the project and our
concerns, Tom Morrill confl/'lned that :under the Lake Unit n precedent, the City might
be held liable for offsite groundwater nllgration onto the pa 'k property,
All state permits are exempted from the process including t: Ie Shol'eland pe:rmit. The
Federal permits for ReRA Dangerous Waste is not.
Exponent will get the okay from the City to proceed and wi I get draft responses to
Ecology's comments to Ecology next week.
Adjourned
Judy ~~
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ADMINISTRATIVE SERVICES' Kathleen McCluskey, Director
2394th Street. Bremerton, WA 98337 . (360) 478-5290' FAX (360) 478-5200
March 24, 1998
Ms, Leslie C. Nellermoe
Attorney at Law
Heller Ehrman White & McAuliffe
6100 Columbia Center
701 Fifth Avenue
Seattle, Washington 98104-7098
RE: Extension of Real Estate Option Agreement for Envirofil Property
Dear Ms, Nellermoe:
On February 12, 1997, the City ofBremerton executed a Real Estate Option Agreement ("the
Agreement") under which the City is entitled to purchase certain property in the city held by
Envirofil and described in Exhibit A of the Agreement. By its terms, the Agreement would have
expired on December 31, 1997,
On December 24th the City signed a letter of agreement extending the option to March 31, 1998.
The City ofBremerton wishes to extend the term ofthe Agreement, described in section 2, page 1
of the Agreement by an additional four months to July 31, 1998, leaving all other terms and
conditions of the Agreement intact and unchanged, Under the Agreement, the City's Option shall
remain in force until July 31, 1998, the option is exercised, or the parties agree to an additional
extension of its term, This letter is intended to describe and memorialize the parties' agreement to
extend the City's Option under the Agreement,
Please signifY Envirofil's acceptance of the extension of the Option Agreement on these terms by
signing below and returning this letter to my attention,
~o\k
Kathleen L. MCCIUSkey~
Administrative Services
* Equal Opportunity Employer *
.
-e.
o
. 2
-
Ms. Leslje C. Nellermoe
Page Two
March 24, 1998
so\-
Accepted on behalf ofthe City ofBremerton this .s \ - day of March, 1998.
~4,d
Lynn S, Horton, Mayor
Glenna Malanca, City Attorney
Accepted on behalf of Envirofil this
day of March, 1998,
By:
cc: Robert Berres, Envirofil
IAN R. SIEVERS, City Attorney
239 4th Street. Bremerton, WA 98337' (360) 478-5345' FAX (360) 478-5161
December 31, 1997
Ms, Leslie C, Nellermoe
Heller Ehrman White & McAuliffe
Attorneys at Law
6100 Columbia Center
701 Fifth Avenue
Seattle, Washington 98104-0900
Re: Extension of Real Estate Option Agreement for Envirofil Property
Dear Ms, Nellermoe:
e~}~1f
Please find enclosed the above-mentioned 8igned document executed by the City ofBremerton to
except the Option Agreement,
Should you have any questions, please feel free to contact our office,
Sincerely,
~~/nw~
Nina Neimoyer
Office Assistant to IAN R. SIEVERS
Enclosure:
as cited
C:
~yor Horton
lIKathleen McCluskey, City Clerk
* Equal Opportunity Employer *
HELLER EHRMAN WHITE & McAULIFFE
ATTORNEYS
A PARTNERSHIP OF' PROFESSIONAL ('OIlPORA'lIONS
6100 COLllM81A Cl:NTEk
701 FIfTH AVl'NlIE
SEAT1U
WASHINGTON 98104-7098
l'EU:PHONE: (106) 447-0900
FACSIMILE: (206) 447-0849
1B2L/
SlAl1n
PORTLANll
TAC().\/A
ANCHORAGI:
December 22, 1997
SAN FRANCISCO
Los ANGtu;s
PALO ALTO
LESLIE C. NELLERMOE
(206) 389-6130
Inellennoe@hewm.com
WASHINVTON. D_C
HONG K(jNG
SIN(;APOH
15166-1001
Via Facsimile
Mr. Ian R. Sievers
City Attorney
City of Bremerton
239 4th Street
Bremerton, W A 98337
Re: Extension of Real Estate Option Agreement for Envirofil Property
Dear Mr. Sievers:
On February 12, 1997, the City ofBremerton executed a Real Estate Option
Agreement ("the Agreement") under which the City is entitled to purchase certain
property in the City held by Envirofil and described in Exhibit A of the Agreement. By
its terms, the Agreement expires on December 31, 1997.
The parties have agreed to extend the term ofthe Agreement, described in section
2, page I of the Agreement, by three months, to March 31, 1998, leaving all other terms
and conditions of the Agreement intact and unchanged. Under the Agreement, the City's
Option shall remain in force until March 31, 1998, the option is exercised, or the parties
agree to a second extension of its term. This letter is intended to describe and
memorialize the parties' agreement to extend the City's Option under the Agreement.
Please signify the City's acceptance of the extension of the Option Agreement on
these terms by signing below and returning this letter to me.
Yours very truly,
L~rm~
Attorney for Envirofil
Mr, Ian R, Sievers
December 22, 1997
Page 2
HELLER EHRMAN WHITE & McAuLIFFE
ATTOIl.NEYS
By
, ., ...
;,
on bdJ1tCitY of Bremerton this)J/ day of December, 1997,
.C~"L-.,
~.
Ian Sievers, City Attorney
~ yJ 1I-l
Ly n S. Horton, Mayor
cc: Robert J. Berres, Jr.
Duane C. Woods
36343,01.SE (SIJ01!.DOC)
12/22/97 3 :29 PM
PUBLIC WORKS AND UTILITIES
3027 01ympus Drive' Bremerlon, WA 98310-4799 . (360) 478-5318 . FAX (360) 478-5018
December 19, 1997
TO:
FROM:
SUBJECT:
Kathleen L. McC1nskey, DASlCity Clerk
Jim Spencer, Interim DirectorlParks and Recreation
Ian Sievers, City Attorney 'i
_rGene Sampley, Director of~~.Jrolllitfi I:r.-
, Evergreen Park Remediation Project
Attached is a copy of the Focused Feasibility Study and Cleanup Action Plan for the Evergreen Park. for
your information and/or perusal.
Iy;i
Please give me a call if you have any questions,
c: File
Attachment
* Equal Opportunity Employer *
-
ADMINISTRATIVE SERVICES . KATHLEEN McCLUSKEY, DIRECfOR
Cal.....y 10 the Olympics tmI Hom. of the Pwg<l Sound N.... Shipyrml
February 13, 1997
Bob Berras
Brem-Air Disposal Inc.
P. O. Box 990
Bremerton, Washington 98337
RE: Real Estate Option Agreement
Dear Mr. Berras:
Enclosed, at last, is a copy of the Real Estate Option Agreement, signed by the City. The original
has been sent to the County Auditor for recording and will be held in our files when returned. I
apologize for the delay.
Sincerely,
~"y "-~ -. ~~~
Kat~ L. McCluskey, Director I
Administrative Services
KLM:ch
enclosure
cc: Gene Sampley
Ian Sievers
239 4TH STREET . BREl.IERTON. WA 98337 . (360) 478-5290 . FAX (360) 478-5200
A" (quill Oppo,"",ily f.mp~'
TRANSMISSION VERIFICATION REPORT
TIME 03/31/1998 11:42
NAME ADMIN SERVICES
FAX 3604785200
TEL 3604785290
DATE,TIME
FAX NO./NAME
DURATION
PAGE(S)
RESUlT
MODE
03/31 11: 41
912064470849
00:00:58
03
OK
STANDARD
ECM
Ms, Leslie C, Nellennoe
Attorney At Law
Heller Ehrman White & McAuliffe
6100 Columbia Center
701 Fifth Ave"
Seattle, Wa, 98104 7098
RE: Extension of Real Estate Option Agreement for Envirofil Property
Dear Ms, Nellennoe:
On February 12, 1997, the City ofBremerton executed a Real Estate Option Agreement
("the Agreement") under which the City is entitled to purchase certain property in the city
held by Envirofil and described in Exhibit A of the Agreement. By its tenns, the
Agreement would have expired on December 31, 1997,
On December 24th the City signed a letter of agreement extending the option to March 31,
1998,
The City ofBremerton wishes to extend the tenn of the Agreement, described in section
2, page 1 of the Agreement by an additional four months to July 31,1998, leaving all
other tenns and conditions of the Agreement intact and unchanged, Under the
Agreement, the City's Option shall remain in force until July 31,1998, the option is
exercised, or the parties agree to an additional extension of its term, This letter is intended
to describe and memorialize the parties' agreement to extend the City's Option under the
Agreement.
Please signify Envirofil's acceptance of the extension of the Option Agreement on these
tenns by signing below and returning this letter to my attention,
Sincerely,
Kathleen McCluskey
Administrative Services Director
Accepted on behalf of the City ofBremerton this _ day of March, 1998,
Mayor Horton Glenna, Malanca, City Attorney
Accepted on behalf of Envirofil this _ day of March, 1998,
By