Olympic College between 13 and 15 Streets ... - City of Bremerton

I 

CITY COUNCIL 345 6th Street Suite 600 Bremerton WA 98337 Phone 360 4735280 

AMENDED 

APRIL 6 2011 

CITY COUNCIL MEETING AGENDA 

1 BRIEFING 5 00 5 30 P M in COUNCIL CONFERENCE ROOM 603 

A 

General Council Business 

2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS 

A 

B 

Pledge of Allegiance 

Invocation 

3 MAYOR S REPORT 

4 PUBLIC RECOGNITION 

5 CONSENT AGENDA 

A Claims Check Register 

B Minutes of Meeting March 16 2011 

C Minutes of Study Session March 23 2011 

D Minutes of Special Meeting March 30 2011 

E 

Purchase of one 1 2011 Ford Escape Hybrid for the Water Resource Division 

F Amendment No 1 to Interlocal Agreement with the Kitsap County Health District for Kitsap 

Regional Illicit Discharge Detection and Elimination IDDE Clean Runoff Project 

G 

H 

I 

Greens Superintendent Agreement with Ed Faulk Operations LLC for Gold Mountain Golf 

Complex 

Golf Management Agreement with Scott Alexander s Golf Shop Inc for Gold Mountain Golf 

Complex 

Lease Agreement with Scott Alexander s Golf Shop Inc for Gold Mountain Golf Complex 

J Goods Services Agreement with Will Robinson for Lions Park Whale Play Sculptures 

K 

Resolution No 3137 to establish May 18 2011 as a Hearing Date to vacate an Alley for 

Olympic College between 13 and 15 Streets West of Warren Avenue 

6 GENERAL BUSINESS 

A PFqert Design AgFeement with Puget Sound Ene m 125 SEE feirRWhed ule 74 LJnd8FgFG 

4ea4 meet Item postponed 

7 PUBLIC HEARING S 

A 

Public Hearing on Resolution No 3138 to declare Reservoir 14 located at the southwest 

corner of Ironsides Avenue East 17 Street City Water Utility Property Surplus 

8 COUNCIL MEMBER REPORTS 

9 EXECUTIVE SESSSION 15minutes to consider a Real Estate Acquisition per RCW 

42 30 110 1b Information only Action is not anticipated 

10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 

Amencans with Disabilities Act ADA accommodations provided upon request Those requ nng special accommodations should 

contact the City Clerk s Office at 360 4735323 by noon on the Monday preceding the Council meeting

I 

J 

BREMERTON CITY COUNCIL 

MEETING SPEAKERS LIST 

PLEASE PRINT YOUR NAME BELOW 

IF YOU WISH YOUR COMMENTS TO BE 

INCLUDED IN THE RECORD 

fe 

1419 S0 

td 

zg 

17 

REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK 

THANK YOU

DATE SUBMITTED 462011 

AGENDA BILL 

CITY OF BREMERTON 

CITY COUNCIL 

vvvvvvvaaavvavaaavvaaaaavava aavavvvavaavavvaaaaaavavavvavvvvvvvvavaavvvvvvaavavavvvavavvavi 

SUBJECT 

Committee Meeting Date 

COUNCIL MEETING Date April 6 2011 

Claims Check Register Department Financial Services 

SUMMARY 

Cathy Johnson 

Phone 4735296 

Presenter 

Consent Agenda item 

Approval of checks and electronic fund transfers 

ATTACHMENTS Check Register 

FISCAL IMPACTS Include Budgeted Amount 

APPROVALS 

DEPARTMENT DIRECTOR 

CITY ATTORNEY 

FINANCE DIRECTOR 

MAYOR 

COMMITTEE CHAIR 

COUNCIL PRESIDENT 

CONSENT AGENDA 

GENERAL BUSINESS 

PUBLIC HEARING 

RECOMMENDED MOTION 

1 Checks 342315 through 342588 and EFT s 10739 through 10783 in the amount of 

1467 185 99 

2 Regular Payroll for the pay period ending March 15 2011 in the amount of730 734 74 

3 Regular Payroll for the pay period ending March 31 2011 in the amount of765 614 93 

4 Retiree Payroll for the pay period ending March 31 2011 in the amount of82 633 18 

COUNCIL ACTION Approve Deny Table Continue No Action

DATE SUBMITTED 

AGENDA BILL 


CITY COUNCIL 

rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr 

SUBJECT City Council Meeting Minutes Committee Meeting Date NA 

for meeting of 

11 

COUNCIL MEETING Date 

Department City Council 

Presenter Will Maupin 

Council President 

Phone 360 473 5280 

SUMMARY Attached is a summary of the City Council Meeting held K Q ck 

ATTACHMENTS Meeting Minutes for m aumck 

1 Oil 

FISCAL IMPACTS Include Budgeted Amount NA 

APPROVALS 


CITY ATTORNEY 


MAYOR 


NA 

NA 

NA 


NA 





RECOMMENDED MOTION Move to approve the Consent Agenda as presented 


DIGITAL RECORDING 

CITY COUNCIL MEETING MINUTES 

Wednesday March 16 2011 

The weekly meeting of the City Council of the City of Bremerton was called to order 

Wednesday March 16 2011 at500 PM in Council Conference Room 603 of the NORM DICKS 

GOVERNMENT CENTER 345 6 Street Bremerton Washington with Council President Will 

Maupin presiding Council Members present were Nick Wofford Dianne Robinson Greg 

Wheeler Roy Runyon Adam Brockus Cecil McConnell and Jim McDonald Council Member 

Carol Arends was absent Also present were City Attorney Roger Lubovich City Clerk Carol 

Etgen and Legislative Assistant Lon Smith 

A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the 

Council Conference Room At530 PM the meeting moved to the Meeting Chambers 

The Pledge of Allegiance was led by Council Member Jim McDonald followed by the 

invocation provided by Reverend Ron Anderson of Manette Community Church 

MAYOR S REPORT Mayor Lent 

Presented a Mayor s Employee Appreciation Award to Parks Recreation employee 

Scott Evans Mr Evans thanked the Mayor Wyn Birkenthal and Jeff Elevado and all 

Parks Department staff He also discussed the very successful boy s basketball 

program in its 69 year that provides an opportunity for boys who don t make their 

school teams and is so successful he would like to add a fall league 

Brought forward Lynn Frei Troop 1510 Scout Leader who explained that he was here 

with the members of his troop so they could learn more about their city government in 

action 

Presented a City of Bremerton flag to a Russian delegation who were here on a visit 

Enjoyed attending the Annual St Patrick s Day Parade held downtown last Saturday 

Was pleased to attend the Washington CASH graduation ceremony and 

Discussed a letter written to Kure Japan to ask if there was anything the City of 

Bremerton could do to help and noted the State of Washington has been very generous 

in providing donations to Japan s relief efforts 

PUBLIC RECOGNITION 

Mike Walton Marketing Director of the Family YMCA listed the activities taking place at the 

Y for the month of April and presented a brochure titled Let s Make a Difference Togethe 

about the 2011 YMCA Strong Kids Campaign If anyone is interested in making a donation 

they may go to the website at www vmcagks orscstrongkids or call 253 537804 


A 

Check Numbers 342055 through 342314 and EFT10695 through EFT10738 in the 

amount of2809 817 94 and Regular Payroll for the pay period ending February 28 2011 

in the amount of654 290 86 

B Minutes of Meeting March 2 2011 

C Minutes of Study Session March 9 2011 

D 

Ordinance No 5143 to repeal Ordinance No 5050 Vacating a Portion of alley bounded by 

McKenzie Cogean Avenues and 12 Street Sheldon Boulevard 

j E Ordinance No 5144 to repeal Ordinance No 5061 Vacating a Portion of Carr Boulevard 

and reserving certain easements 

F 

Ordinance No 5145 to amend Chapter 9A 44 of the Bremerton Municipal Code relating to 

Public Urination 

I 

i

City Council Reg Mtg Minutes 


Page 2of3 

G Ordinance No 5146 to adopt by reference RCW 94A 835 amending the Bremerton 

Criminal Code by creating a new section Section 9A 32 130 entitled Sexual Motivation 

H Resolution No 3136 to adopt the Kitsap County Comprehensive Solid and Hazardous 

Waste Management Plan 

I 

J 

K 

L 

Real Estate Purchase and Sale Agreement with Crab Shack Investments LLC for the 

property at 1116 Charleston Beach Road 

Award Construction Contract to SERPANOK CONSTRUCTION for Demolition and Construction 

of a Pump House and Roof Pad for the Park Avenue Plaza Phase II Project 

Ordinance No 5147 relating to Title 9 of the Bremerton Municipal Code entitled Peace 

Safety and Morals and Title 6 entitled Health and Sanitation 

Ordinance No 5148 updating Chapter 104 of the Bremerton Municipal Code relating to 

Code Enforcement 

There were no comments from the public 

05 52 30 MSCU BrockusRunyon Move to approve the CONSENT AGENDA as presented and 

amended 

City Clerk Carol Etien announced that General Business Item 6B was pulled from the 

agenda 


6A 

APPROVE GRANT AGREEMENT WITH THE STATE DEPARTMENT OF ECOLOGY 

FOR THE STORMWATER RETROFIT AND LID DEVELOPMENT PROJECT Larry 

Public Works 

Utilities summarized that the City Council on November 3 2010 by Resolution 

No 3125 authorized the negotiation of a grant agreement with the Washington State 

Department of Ecology DOE to provide the City of Bremerton with1343 000 to construct 

various low impact development LID projects throughout central Bremerton 

has been finalized and is ready for approval and signature 

There were no comments from the public 

The agreement 

05 58 52 Motion to approve grant agreement was made by Robinson and seconded by 

Brockus Discussion was then opened to the Council for their questions and comments 

Mrs Robinson asked if there was a schedule yet prepared for the planned public outreach 

Mr Matel stated that they are currently working on a schedule 

Mr pointed out that the City of Bremerton is a leader when it comes to implementing 

LID techniques 

06 08 03 MSCU RobinsonBrockus Move to approve Grant Agreement G1100266 with the 

State of Washington Department of Ecology and authorize the Mayor to finalize and execute 

the agreement with substantially the same terms and conditions as presented 

Voted in favor of Motion McConnell Brockus Wheeler Robinson Wofford McDonald Maupin 

Abstained Runyon 

Motion carried 7Yes 1Abstention 

was pulled 

kRK 

Item

City Council Reg Mtg Minutes 


Page 3 of 3 

COUNCIL MEMBER REPORTS 

Nick Wofford was pleased to see Wofford College was part of March Madness this year facing 

BYU on Thursday night as the 14 seed in the Southeast region of the 2011 NCAA Men s 

Basketball Tournament 

Gregg Wheeler encouraged others to visit a new restaurant that opened at 2003 E 11 Street m 

Manette called ORION s and noted they have a new menu each month He reported on his 

attendance at a recent meeting of the Downtown Business Association and challenged citizens 

to think about 3 local businesses that would be missed if they were gone and then frequent 

those businesses He also provided a brief report on the Salvation Army homeless shelter 

which is now serving 8 families 

Roy Runyon announced the opening of the Kitsap Entrepreneurial Center KEC a new not 

forprofit business incubator located at 245 4th Street Suite 204 and may be reached at 360 

7826800 and encouraged people to contact Bremerton Foodiine at 360 4796188 or 

www bremertonfoodline ora and offer to volunteer He also thanked Mayor Lent for her service 

on the KEDA Board 

Adam Brockus reported on a Communitywide Meeting held yesterday regarding proposed 

changes in the railing on the new Manette Bridge and invited the public to attend his regular 

District 3 Meeting on Tuesday March 29 from 6 30 to 8 00 PM at the Senior Center with 

featured guest speakers Wayne Hamilton and Larry Matel of Public Works Utilities to lead a 

discussion on Streets and Sewers 

Jim McDonald provided a briefing on the recent KRCC Transportation Policy Board Meeting he 

attended with fellow Council Member and Board Member Carol Arends and announced the 

Parks Department was hosting Lions Park Community Planting Day to seek help with planting 

over 600 plants around the park on Saturday March 26 from 9 00 to 11 00 AM 

Will Mauoin as Chair of the Kitsap Transit Policy Board discussed in detail the issues 

discussed at the American Public Transit Association 

annual Legislative Conference he 

recently attended in Washington DC 

With no further business President Mauoin adjourned the Council Meeting at 6 25 PM 

Prepar d and Submitted by 

Attest 

LO NI SMITH 

Legislative Assistant 

CAROL ETGEN City Clerk 

WILL MAUPIN City Council President 

WM CE Is cg


AGENDA BILL 


CITY COUNCIL 

SUBJECT City Council Meeting Minutes Committee Meeting Date NA 

for meeting of COUNCIL MEETING Date 126 

13 L0 I 

Department City Council 

Presenter 

Will Maupin 


Phone 360 4735280 

SUMMARY Attached is a 

summary of the City Council Meeting held 

MOrkA a3 20r 

ATTACHMENTS Meeting Minutes for 

PA y 23 o 


APPROVALS 


CITY ATTORNEY 


MAYOR 


NA 

NA 

NA 


NA 







l 


CITY COUNCIL STUDY SESSION MINUTES 

March 23 2011 

A Study Session of the City Council of the City of Bremerton was called to order in the City Council 

Conference Room 603 of the NORM DICKS GOVERNMENT CENTER 345 6th Street Bremerton 

Washington Wednesday March 23 2011 at 5 00 PM with Council Vice President Adam Brockus 

presiding Council Members present were Nick Wofford Carol Arends Dianne Robinson Greg 

Wheeler Roy Runyon and Jim McDonald President Will Maupin and Council Member Cecil 

McConnell were absent Council Assistant Christine Grenier was present to provide staff support 

Vice President Brockus emphasized that the Study Session was open to the public however 

there would be no opportunities for input or participation that no action will be taken and the 

content of these items is subject to change 

A 

NO DISCUSSION PLANNED The following items are budgeted items or have been reviewed 

by the appropriate Council Committee and will be placed on the April 6 2011 Council Meeting 

Agenda 

B 

1 Purchase of one 1 2011 Ford Escape Hybrid for the Water Resource Division Jim 

Orton Facilities Manager and Jim McDonald Public Works Committee Chair Consent 

Agenda 

2 

Amendment No 1 to Interlocal Agreement with the Kitsap County Health District for Kitsap 

Regional Illicit Discharge Detection and Elimination IDDE Clean Runoff Project 

Kathleen Cahall Water Resources Manger and Jim McDonald Public Works Committee 

Chair Consent Agenda 

3 Greens Superintendent Agreement with Ed Faulk Operations LLC for Gold Mountain Golf 

Complex Wyn Birkenthal Parks Recreation Director and Jim McDonald Public Safety 

Parks Committee Chair Consent Agenda 

4 Golf Management Agreement with Scott Alexander s Golf Shop Inc for Gold Mountain 

Golf Complex Wyn Birkenthal Parks Recreation Director and Jim McDonald Public 

Safety Parks Committee Chair Consent Agenda 

5 

Lease Agreement with Scott Alexander s Golf Shop Inc for Gold Mountain Golf Complex 

Wyn Birkenthal Parks Recreation Director and Jim McDonald Public Safety Parks 

Committee Chair Consent Agenda 

6 Goods 

Services Agreement with Will Robinson for Lions Park Whale Play Sculptures 

Wyn Birkenthal Parks Recreation Director and Jim McDonald Public Safety Parks 

Committee Chair Consent Agenda 

FULL DISCUSSION ITEMS 

7 Project Design Agreement with Puget Sound 

Energ PSE for Schedule 74 Underground 

Conversion of Pacific Avenue Improvements from 6 to 11 Street Larry Matel Managing 

Engineer Transportation Stormwater Utility Public Works Utilities Department and 

Jim McDonald Public Works Committee Chair General Business 

8 

Proposed resolution to establish May 18 2011 as a Hearing Date to vacate an Alley for 

Olympic College between 13 and 15 Streets West of Warren Avenue Gunnar 

Fridriksson Civil Engineer Public Works Utilities Department and Jim McDonald Public 

Works Committee Chair Consent Agenda 

i 

I

City Council Study Session Minutes 



9 Proposed public hearing on a resolution to declare Reservoir No 14 located at the 

southwest comer of Ironsides Avenue 

East 17 Street City Water Utility Property 

Surplus Gunnar Fndnksson Civil Engineer Public Works Utilities Department and Jim 

McDonald Public Works Committee Chair Public Hearing 

The Council recessed from 6 00 to 6 10 PM 

C 

GENERAL COUNCIL BUSINESS 

a 

b 

Council Committee Chair reports were provided and 

General Council Business was discussed 

Vice President Brockus adjourned the Study Session at 7 00 PM 

Prepared and Submitted by 

CHRISTIN RENIER 

CouncilAuditor Assistant 

Attest 


ADAM BROCKUS City Council Vice President 

AB CE Is cg 

I 

I 

i


AGENDA BILL 


CITY COUNCIL 

eeeeeeeeeeeeeeeeeeeeeeoeeee 

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee 

SUBJECT City Council Meeting Minutes Committee Meeting 

Date NA 

for meeting of COUNCIL MEETING Date p 

maffl 30 

Department C ty Council 

Presenter Will Maupin 


Phone 360 473 5280 

SUMMARY Attached is a summary of the City Council Meeting held Kowch 30 Lo I 

ATTACHMENTS Meeting Minutes for 

I s rch 30 0 


APPROVALS 


CITY ATTORNEY 


MAYOR 


NA 

NA 

NA 


NA 








CITY COUNCIL SPECIAL MEETING MINUTES 

March 30 2011 

A Special Meeting of the City Council of the City of Bremerton was called to order in the City 

Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER 345 6 Street 

Bremerton Washington Wednesday March 30 2011 at 5 00 PM with Council Vice President 

Adam Brockus presiding Council Members present were Nick Wofford Carol Arends Dianne 

Robinson Greg Wheeler Roy Runyon Cecil McConnell and Jim McDonald President Will 

Maupin was absent Legislative Assistant Lon Smith was present to provide staff support 

Vice President Brockus emphasized that the Special Meeting was open to the public 

however there would be no opportunities for input or participation and that no action will be 

taken 

A 

STREET FUNDING OPTIONS 

VicePresident Brockus called a recess from 6 07 to 6 20 PM 

B 

GENERAL COUNCIL BUSINESS 

a 

b 

Council Committee Chair reports were provided and 

General Council Business was discussed 

Vice President Brockus adjourned the Study Session at 6 30 PM 

Council then reconvened for a 30minute Exempt Closed Session to discuss Labor 

Negotiations and Proceedings per RCW 42 30 140 4b 

Prepared and Submitted by 

Attest 

LORI SMITH 



ADAM BROCKUS City Council Vice President 

AB CE Is cg


AGENDA BILL 


CITY COUNCIL 

15E 

SUBJECT Purchase of one Ford Escape Committee Meeting Date March8201 l 

Hybnd 3L23 1 t 

COUNCIL MEETING Date 

A 1 v loll 

Department 

Presenter 

ERR 

Phone 5359 

Jim Orton 

SUMMARY The approved 2011 budget for ERR shows the replacement of one 2002 Chevrolet 

Blazer for the Water Resource Division The requested replacement is a 2011 Ford Escape Hybrid 

with all required options The purchase will be made using Washington State contract 05510 and the 

authorized dealer is Columbia Ford of Longview Washington Total purchase cost is33 535 51 

including Washington State sales tax I would like to request that the replaced vehicle be reassigned to 

the motor pool 

ATTACHMENTS Copy of Washington State Contract 05510 


bc 1 d i vtGu cR er be ti 

P La Ck el Ji C i d Ae L4 ft Irv 

APPROVALS 


CITY ATTORNEY 

Funding available thru the 510er P LT0 If 

C R 

w fC C rn A n Aj uipk a rnC nef 

Gz n 


L 

MAYOR 




fT 

CONSENT AGENDA LJ 



Move to authorize the purchase of one 2011 Ford Escape Hybnd in the amount of33 535 51 

including Washington State sales tax 


j 

Current Contract Information 

Contract No 05510 

Price Sheet Order Form 

Page 5 

TO ORDER COMPLETE PRICE SHEETS AND SUBMIT WITH STATE FORM A15A PURCHASE REQUISITION TO 

OFFICE OF STATE PROCUREMENT BEFORE MARCH 31 2011 ONLINE ORDERS MAY BE PLACED AT 

httns 11fortress waovQa inet vehrea vehmenu htm TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLY AS 

POSSIBLE 

HYBRID SMALL UTILITY VEHICLE 

VEHICLE TYPE UTILITY VEHICLE FRONT WHEEL DRIVE MAKE MODEL FORD ESCAPE HEV FWD 

EQUIPMENT INCLUDED IN NET PRICE 

4 door 5 passenger seating Dome LightwMap Lights and Rear Cargo Light 

Front bucket seats w adjustable seat backs split bench 

Tinted glass front privacy glass rear 

rear seat cloth material manufactured from 100 

Remote keyless entry w two key FOBS wIntegrated Keys 

recycled materials 

plus Two separate Keys 

2 5 liter 4 Cylinder HybridGas Electnc engine 

All Factory Standard Equipment including 

Airbags driver and front passenger side air cushions 

Power doorlocks windows 

w rollover sensor front second row side bags Power Driver s seat Height adjustable 

Automatic transmission electronically controlled 

Power Outlet 110V wfront console 

continuously variable 3 04 1 Rear Axle Ratio 

P235 70R 16 all season steel belted radial tires 

Washerwiper rear window 

Aluminum wheels SAE Class S CablesFront Only 

Tachometer 

Compact size spare tire wheel underbody mounted HD Rear Bumper 

Full length hardtop cloth headlmer Non Metallic 

Carpeted floor covering 

Compass Outside Temp 

Overhead Console 

Cruise control Tilt Steering Wheel 

Fog Lamps 

Air conditioning CFC free 

Height Adjustable Front Seat Belts 

Power brakes four wheel anti lock disc regenerative AM FMSingle disc CDwMP3 Capability 

braking 

3 yr36 000 mile warranty 8 yr100 000 on hybrid 

steering system battery pack 

Auxiliary power sources 

Rear lift gate door 

Dual power exterior mirrors black 

Engine Oil Cooler 

Electric rear window defroster 

Sync Communications System 

Intermittent wipers Carpeted Floor Mats front rear 

Electronic Stability Control 

Tire Pressure Monitoring System 

My Key Programmable Key System 

NHTSA Crash Test Ratings 2010 

Frontal DP 515 

SideFR 515 

Rollover 3 

SULEV lI CA EMISSION CERTIFICATION GAS MILEAGE 34 CITY 31 HWY MERCURY FREE VEHICLE 

LEAD FREE WHEEL WEIGHTS 

VEHICLE MEETS DEPARTMENT OF ECOLOGY SPECIFICATIONS FOR LOW EMISSION VEHICLES 

DEALER Columbia Ford W403 DEALER CONTACT Mane Telltnghiusen or Steve San 

700 T Ave PHONE 360 4234321 

Longview WA 98632 EMAIL manet@colford com 

DELIVERY 60120 days ARO FEDERAL TAX ID NO 910650166 

PAYMENT TERMS 

200 per vehicle discount for payment 

within 20 days of delivery Net 30 

NET PRICE 

Vehicle equipped as above delivered to any point within the State of Washington exclusive of Federal Excise and 

betore82 State Sales Tax 

COMMODITY CODE VEHICLE DESCRIPTION ORDER OTY PRICE EACH PRICE EXTENSION 

2311 962 001 Hybrid Small Utility Vehicle 2011 Ford 1 S27 86000 27 860 

Escape HEV FWD U4K 500A 

NO COST EXTERIOR COLORS INDICATE QUANTITY OF COLOR S SELECTED Oxford White 1 

Tuxedo Black UH Steel Blue Lime Squeeze SQ White Suede Ingot Silver 

Complimentary standard interior color will be selected by Dealer 

I Tire Chain Compatible 

11 A I 1 0 IAiITA I I I n IWrv6nr

Current Contract Information 

Contract No 05510 

Price Sheet Order Form 

Page 6 

COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE 

CODE QTY EXTENSION 

2311962010 Credit for pickup from selling dealer instead of vehicle 130 00 

being driven to customer Orders for Eastern WA Area 

Code 509 DLR Deduct 

2311962011 Credit for pickup from selling dealer instead of vehicle 3000 

being driven to customer Orders for Western WA Area 

Codes 206 253 360 425 DLR Deduct 

2311962012 Cargo Area Cover DLR 1 14000 140 00 

2311962013 Cargo Area Tray DLR 1 12900 129 00 

2311962014 Daytime Running Lights 942 1 3800 38 00 

2311962015 Heater Engine Block 41H 3000 

2311962016 Keys Set of 2 Instead of4Deduct DLR 20 00 

2311962017 Manuals Parts and Service CD DLR 1 22500 225 00 

2311962018 Mud Flaps Set of 4 DLR 1 8000 80 00 

2311 962019 Roof Rack Cross Bars Black 6IX 3800 

2311962020 Remote Keyless Entry Additional Transnutter 5900 

No Ke DLR 

2311962021 Remote keyless Entry Additional KeywIntegrated Key 1 11300 113 00 

FOB DLR 

2311 962 022 Spotlight 6 inch Clear Lens Pillar Mounted Left 33500 

DLR 

2311962023 Tires All Terrain LT225 75R16 Set 

DLR 1 75700 757 00 

2311962024 Four Wheel Drive Model instead of Front Wheel Drive 157200 

with all other contract required equipment 30 mpg city 1572 00 

and 27 Hwy Intelligent 4WD System U5K 500A 1 

2311962025 Undercoating DLR 14500 

2311 962 026 Warranty Delayed Start www fordwsd com DLR 000 

2311 962 027 Manufacturer to Dealer Order Acknowledgement 000 

Document Faxed to Customer DLR 

2311962028 Stock Vehicle Up Charge Dealer Stock Vehicle with All 25000 

Contract Required Equipment Delivery Within 7 Days 

When Available DLR 

2311962029 Fire Extinguisher 2 5 Dry Cherrucal ABC Rated w 3800 

Mounting Bracket Delivered w Vehicle 

Uninstalled DLR 

2311962030 Push Bumper Steel w Horizontal Rubber Push Pads 28800 

installed Setina PB400 DLR 

2311962031 Floor Mats HD Rubber Set4Also retains Std Carpeted 1 8000 80 00 

Mats DLR 

2311962032 Full size Spare DLR 25900 

2311 962033 Step Bars 187 29900 

2311 962 034 Flare Kit 3 Pc Triangle w storage box for roadside 3800 

emergency use Delivery wvehicle uninstalled DLR 

2311962035 Manuals Parts and Service Paper DLR 24500 

SUBTOTAL 30 994 00 

82 SST 2541 51 

TOTAL 33 53551

DATE SUBMITTED 332011 

AGENDA BILL 


CITY COUNCIL 

SUBJECT Committee Meeting Date March 8 and 23 2011 

Amendment 1 COUNCIL MEETING Date April6 

Interlocal Agreement between 

Department Public Works 8t Utilities 

Kitsap County Health District and Presenter K Cahall Wtr Res Mgr 

City of Bremerton for IDDE Grant Phone 4732315 

SUMMARY The Kitsap County Haft District KCHD was awarded a Department of Ecology Ecology 

Stonmwater Implementation Grant to fund the Kitsap Regional Illicit Discharge Detection and Elimination 

IDDE Clean Runoff Project to coordinate stormwater pollution prevention activities for several Kitsap 

County jurisdictions mcludmg Bremerton We have been working on this grant since early 2009 One of the 

scope items was for the City to inspect and assist businesses with proper stormwater best management practices 

which was completed in 2010 There is also a scope item to provide followup visits with locations with 

deficiencies Because of a lack ofpersonnel at the City to perform the followup visits the health district has 

agreed to conduct the followup visits for all the jurisdictions working under tins grant Thus ILA Amendment 

I is to allocate the funding to do this work to the health district 

ATTACHMENTS 

AmendmentI Interlocal Agreement between Kitsap County Health District and City of Bremerton for IDDE 

Grant 

FISCAL IWACTS Include Budgeted Amount 

The original amount for Bremerton in the grant for Task 3 Commercial Property Inspectnon Education was 

108 000 and this will be reduced by20 000 to88 000 

APPROVALS 


CITY ATTORNEY 


MAYOR 

COMMITTEECHAIRa f 



Mra Te Affeaver 


It is eaffliffe 



dw the AmendmentIto the mterlocal agreement beRppnd authorize the Mayor to 

finalize and execute the agreement with substantially the same terms and conditions as presented 


AMENDMENT NO1 

TO INTERLOCAL AGREEMENT 

Between 

KITSAP COUNTY HEALTH DISTRICT 

And 

THE CITY OF BREMERTON 

c4odgifw 

PURPOSE To amend the above referenced interlocal agreement between the City of 

Bremerton hereinafter referred to as City and Kitsap County Health District 

hereinafter referred to as District for the Kitsap Regional Illicit Discharge Detection 

and Elimination Clean Runoff Project This amendment is needed to ensure the efficient 

implementation and completion of the project 

Deficient stormwater systems and other sources of bacterial contamination will be 

corrected through a combination of education and enforcement of local solid waste 

regulation and City ordinances regarding stormwater maintenance The City has agreed 

to fund followup inspections of commercial properties identified as deficient 

IT IS MUTUALLY AGREED that the interlocal agreement is amended as follows 

Exhibit A Task 3 

Commercial Property Inspection and Education 

1 

City staff will participate in training workshops for performing commercial property inspections 

2 

The City will perform commercial property joint site visits within theirjurisdiction The City will notify the 

targeted commercial property of the water quality problem and upcoming inspection site visit This 

notification will include general information about the impacts of illicit discharges and how to report them 

3 

Site visits will determine if the stormwater system requires maintenance and if illicit discharges are present 

Following this site visit the City will notify the property owner of the satisfactory inspection result or of the 

deficiency needed to be corrected 

4 

Followup site visits for maintenance will be performed by the City Di strict The City may assist the District 

with investigations of illicit discharges 

6 

The District will provide pmrhes identified with dhcit discharges or severe 

lack of maintenance technical austance to correct these deficiencies These NoWrttes may requue 

additional focus and site visits by the District and qgNbly in nartnerslnp with the City to address 

stormwater system stnictiues best management practices and possible enforcement actions 

Illicit discharges from sewer infrastructure will be jointly investigated by the City and District and may use 

video inspection dye testing or pressure testing methods Sewer System Iribrastnichire Analysis and 

Rehabilitation EPA625691 030 October 1991

Interlocal Agreement Amendment NO1 

Kitsap Regional IDDE Project 


Exhibit B Project Budget Reimbursement Amount and Match Requirements 

The project budget is amended as follows 20 000 is subtracted from Task 3 and 

provided to the District to perform follow up site visits 

Kitsap Regional Illicit Discharge Detection 

Elimination Clean Runoff Project 

ELEMENTS 

TOTAL ELIGIBLE 

COST TEC 

Task 3 Commercial Property Inspections and 108 000 88 000 

Education 

FURTHER this amendment is effective on March 2 2011 

Except as expressly provided by this amendment all other terms and conditions of the 

original interlocal agreement and all amendments thereto remain in full force and effect 

IN WITNESS WHEREOF the parties have executed this amendment 


KITSAP COUNTY HEALTH DISTRICT 

Mayor City 

of Bremerton 

Chair 

Kitsap County Board of Health 

Date 

Date 

2

DATE SUBMITTED 315 2011 

AGENDA BILL 


CITY COUNCIL 

f 

eeeeseeeeeeeeeeeeeeeee 

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseee eeeeeee 

SUBJECT Gold Mountain Golf Course Committee Meeting Date March 23 2011 

Greens Superintendent Agreement with Ed COUNCIL MEETING Date April 6 2011 

Faulk Operations LLC 

Department 

Presenter Wyn Birkenthal 

Phone 473 5752 

Parks and Recreation 

SUMMARY The attached Agreement between the City of Bremerton and Ed Faulk Operations 

LLC provides the City with Greens Superintendent Services at Gold Mountain Golf Complex through 

December 31 2012 The Agreement continues the City s successful relationship with Ed Faulk to 

maintain the Olympic and Cascade courses in outstanding condition for the golfing public The 

agreement reflects the current economic conditions in the golf industry which call for a flat revenue 

outlook and the need to seek ever greater efficiency in the provision of golf services 

ATTACHMENTS 

Greens Superintendent Agreement 


Payment for Services included in the 2011 Gold Mountain Golf Complex Operating Budget 

APPROVALS 


CITY ATTORNEY 


MAYOR 


COUNCIL PRESIDENT e CONSENT AGENDA J 




Move to approve the Professional Services Agreement between the City of Bremerton and Ed Faulk 

Operations LLC and authorize the Mayor to finalize and execute the agreement with substantially the 

same terms and conditions as presented 


GREENS SUPERINTENDENT AGREEMENT 

THIS AGREEMENT is between the CITY OF BREMERTON a municipal corporation 

hereinafter referred to as City and ED FAULK OPERATIONS LLC a Washington 

limited liability corporation hereinafter referred to as Contractor 

WHEREAS the City is the owner of Gold Mountain Golf Club which ownership 

includes the land upon which said golf complex is located the buildings and other improvements 

which are a part thereof and 

WHEREAS the Gold Mountain Golf Club consists of two 18 hole golf courses the 

Olympic and the Cascade course Golf Courses or Courses a driving range the clubhouse 

and other related facilities and structures collectively also referred to herein as Golf Club 

WHEREAS the City previously entered into an agreement with Ed Faulk Contractor s 

principal Principal for greens maintenance and related services at the Golf Club and 

WHEREAS the current agreement between the City and Contractor for these services 

expires December 31 2010 and 

WHEREAS the City desires to enter into a new agreement with Contractor for greens 

maintenance and related services at the Golf Club 

NOW THEREFORE in consideration of the mutual covenants contained herein the 

parties agree as follows 

1 SCOPE OF WORK The City hereby agrees to retain the Contractor to maintain 

and improve the Golf Club as follows 

The Contractor shall maintain and improve the Golf Club grounds to 

a 

include clubhouse grounds and surrounding areas which will meet or exceed the standard in the 

industry for public courses in the Puget Sound region and as more thoroughly specified in 

Exhibit A 

b The Contractor shall devote its attention and energy on a full time basis to 

the performance of duties as Greens Superintendent for the City during the term of this 

agreement Contractor and its employees shall conduct themselves at all times and in all matters 

in accordance with the standards accepted for Greens Superintendents The Contractor s 

Principal is required to be a member of the Golf Superintendent s of America the Western 

Washington Golf Course Superintendent s Association and the Northwest Turf Grass 

Association 

i c The Contractor shall report directly to the Director of Parks and 

Recreation or assigned designee Director and work closely with the Golf Professionals who 

manage the golf operations of the Golf Club The Contractor and Golf Professionals shall 

1 

Greens Superintendent Agreement

mutually agree upon the open and start of play daily with the Director resolving any conflicts In 

all instances the start time will be set to maximize the Golf Club s availability to the public 

d The Contractor s Principal shall attend all meetings of the Gold Mountain 

Golf Complex Board of Directors The Contractor may recommend and submit changes in 

policies and procedures to the Golf Complex Board at any regular meeting 

e The Contractor shall maintain a good credit rating in all commercial 

transactions so as to not discredit the reputation or name of the City of Bremerton 

fl The Contractor shall supervise direct and train its staff to perform the 

duties and meet the requirements specified in Exhibit A 

g The Contractor s Principal agrees to be available to attend regular and 

special meetings of the Parks and Recreation Commission and City Council and shall be 

prepared to discuss issues and ideas of interest to the Contractor and City 

h The Contractor will comply with all auditing and accounting requirements 

set forth by the City The Contractor s books and records will be open to inspection at any time 

during normal business hours 

2 

TERM The term of this Agreement Lease shall be two 2 years commencing 

on 

January 1 2011 the Commencement Date and shall terminate on December 31 2012 

unless otherwise earlier terminated in accordance with Section 14 

3 PERFORMANCE The Contractor shall supervise and direct the work as 

provided for in this Agreement using its best skills and attention From the perspective of 

grounds safety and turf condition the Contractor shall have the sole authority to declare when 

the courses are open for golf play and when golf carts will be allowed on the courses Any 

maintenance practices or renovation projects that would disrupt play will be mutually agreed 

upon by the Contractor Golf Professionals and Director The Contractor shall be solely 

responsible for the means methods techniques sequences and procedures for coordinating all 

portions of the work contemplated by this Agreement 

4 

COMPENSATION The Contractor will be paid the annual sum of SEVEN 

HUNDRED SEVENTYEIGHT THOUSAND THREE HUNDRED TWELVE AND NO100 

DOLLARS 778 312 00 for the services described herein Annual compensation will be paid in 

24 equal installments twice monthly on a mutually agreed schedule The parties acknowledge 

and agree that except as otherwise provided for in this Agreement this compensation covers all 

the Contractor s costs of operations including 

a Labor costs including but not limited to medical coverage for 

Contractor s employees payroll insurance LI Board Expenses dues laundry and travel 

b Taxes andfees including but not limited to retail sales state and local 

BO federal income social security and unemployment and 

2 


c 

Agreement at the Golf Club 

Other costs and expenses related to Contractor s operations under this 

5 

AGREEMENT OPENER In the event of extraordinary circumstances such as 

mayor capital improvements to the facilities or a mayor tournament requiring the Contractor to 

perform significant additional work the parties may revisit the compensation set forth in Section 

4 above and negotiate additional compensation for the additional work pursuant to a separate 

agreement or as an amendment to this Agreement 

6 

PURCHASING All supplies capital and equipment expenditures used by 

Contractor in the maintenance of the facilities such as fertilizers small tools and parts for 

maintenance equipment will be the responsibility of the Department of Parks and Recreation 

The Contractor agrees to coordinate all purchasing requests for such items through the Director 

7 

FACILITIES AND EQUIPMENT The Contractor will have the use of the 

City s maintenance facilities at the Golf Club for the duration of this Agreement at no cost to the 

Contractor The Contractor agrees to keep the building in a clean and orderly condition 

throughout the term of this Agreement The Contractor agrees to make necessary minor repairs 

to the maintenance building In the event of mayor damage or destruction to the maintenance 

building that is not the responsibility of the Contractor the City agrees to repair or replace said 

building Contractor will promptly notify Department of Parks and Recreation of any building 

defects 

The Golf Club equipment including but not limited to the irrigation system drainage 

benches trash receptacles flag sticks ball washers and maintenance equipment shall be 

provided by the City and be maintained in good working condition by the Contractor and 

remains the property of the City The Contractor agrees to maintain the irrigation system in good 

working condition Repairs and maintenance of the pump station beyond the capabilities of the 

Contractor will be the responsibility of the City 

Unless specifically provided otherwise herein all equipment for maintaining the Golf 

Club as specified in this Agreement shall be provided by the City 

8 

RELATIONSHIP OF PARTIES Contractor is skilled in the matters addressed 

in the Scope of Work and is performing independent functions and responsibilities within its 

field of expertise Contractor and its employees are independent contractors and not employees 

of the City Contractor and its employees have no authority to bind the City or to control the 

City s employees and other contractors 

It is agreed and understood that the Contractor shall be solely responsible for the hiring 

and finng of its employees All employees retained by Contractor to perform services under this 

Agreement shall be employees of Contractor and not employees of the City Contractor shall be 

responsible for payroll payroll taxes FICA federal taxes workers compensation Labor 

Industry and medical insurance premiums and all other benefits associated with employment 

with Contractor 

3 


As an independent contractor Contractor is responsible for its own management The 

City s administration and enforcement of this Agreement shall not be deemed an exercise of 

managerial control over Contractor or its employees 

9 

INSURANCE Contractor agrees to purchase a policy of liability insurance 

which shall protect it and its employees from any loss caused by property damage or personal 

injury at the Golf Club Said insurance policy shall be in the amount of One Million Dollars 

1000 

00 for each occurrence The Contractor agrees that said insurance shall name the 

City of Bremerton as an additional insured A copy of the certificate shall be required to be kept 

on file with the City Risk Manager 

10 

SUPERVISION Contractor shall report directly to the Director and shall 

cooperate and work closely with the Golf Professionals In those situations where conflict of 

interest arises the situation will be brought immediately before the Director for resolution 

11 

LIENS AND INSOLVENCY The Contractor shall not allow any property of 

the City to become encumbered with liens of any sort by reason of its action or omission 

12 

INDEMNITY The Contractor agrees to defend indemnify and save harmless 

the City its appointed and elected officers and employees from and against any and all liability 

loss costs damage and expense including costs and attorney fees in defense thereof because of 

actions claims or lawsuits for damages resulting from personal or bodily injury including death 

at any time resulting therefrom sustained or alleged to have been sustained by any person or 

persons and on account of damage to property ansing or alleged to have arisen directly or 

indirectly out of or in consequence of the performance of Contractor under this Agreement 

whether such injuries to persons or damage to property is due to the act omission or negligence 

of Contractor its employees subcontractors agents successors or assigns This provision shall 

be inapplicable to the extent that the City is judicially found solely negligent for such damage or 

injury 

13 

NONDISCRIMINATION Contractor shall not discriminate in the employment 

or services to the public on the basis of race color national origin sex religion age marital 

status sexual orientation or disability except employment actions based on a bona fide 

occupational qualification 

14 

TERMINATION This Agreement will terminate upon the happening of any of 

the following events 

a 

b 

Upon its normal termination if not renewed 

Upon the death of the Superintendent s Principal 

c The physical disability of the Superintendent s Principal which 

substantially prevents the Principal from performing his duties for a continuous period of one 1 

month or for an aggregate of three 3 months during each calendar year 

d 

Principal s conviction of a gross misdemeanor or felony 

4 


i 

I 

I 

e Mayor damage or destruction of the Golf Club property structures or 

equipment that is the subject of this Agreement when the City decides not to rebuild and that 

damage or destruction will prevent Contractor from substantially performing its obligations 

under this Agreement 

f Continuing inattention or neglect of duties 

g 

h 

Suspension of Principal from those associations listed under Subsection 

1b for more than thirty 30 days 

Substantial breach of any provision of this Agreement 

In the event of termination of this Agreement by reason of Principal s death or disability 

the Contractor shall be paid its compensation to and including the month of death or in the event 

of disability the Contractor shall be paid to the last day of the month in which termination 

occurs 

15 BREACH AND CURE In the event that either party claims that the other party 

is in violation of subsection 14f g and or h of this Agreement the party claiming the 

violation may give the other party a written notice of breach The party in breach shall have 

thirty 30 days after notice within which to correct any activity or conduct claimed by the other 

to have constituted a breach of the Agreement Upon mutual agreement a conference may be 

called between the parties in which case every reasonable effort shall be made to reach an 

amicable solution At said conference either party shall be entitled to have representatives 

present 

In the event that either party shall within said thirty 30 day period fail to either correct 

the activity claimed to constitute a substantial breach of this Agreement or notify the other party 

in writing of their denial of said substantial breach of this Agreement then in such event this 

Agreement shall cease and terminate as of the expiration of the thirty 30 day period 

16 NOTICE Any notice required or permitted to be given under this Agreement 

shall be sufficient if in writing and personally served or sent by registered or certified mail In 

the case of the Contractor it may be mailed to PO Box 4130 Bremerton Washington 98312 

and in the case of the City Bremerton City Clerk 345 Sixth Street Suite 600 Bremerton 

Washington 98337 

17 OTHER 

a Applicable Law This Agreement shall be controlled by the laws of the 

State of Washington Contractor shall perform and comply with all applicable laws of the Untied 

States and the State of Washington the Charter Municipal Code and Ordinances of the City of 

Bremerton and rules regulations order and directives of their administrative agencies and the 

officers thereof 

5 


I 

b Severability The invalidity or unenforceability of any provision hereof 

shall in no way atTect the validity or enforceability of any other provision 

c Waiver Failure to insist upon strict compliance with any terms 

covenants or conditions of this Agreement shall not be deemed a waiver of such nor shall any 

waiver or relinquishment of such right or power at any time be taken to be a waiver of any other 

breach 

d Modification Any waiver alteration or modification of any of the 

provisions of this Agreement or cancellation or replacement of this Agreement shall not be valid 

unless in writing and signed by the parties 

e Entirety This Agreement including the exhibits attached hereto and 

forming a part hereof are all of the covenants promises agreements and conditions either oral 

or written between the parties 

f Remedies Rights under this Agreement are cumulative the failure to 

exercise on any occasion any right shall not operate to forfeit such right on another occasion 

The use of one remedy shall not be taken to exclude or waive the right to use another 

g Licenses and Fees Contractor shall secure and maintain in full force 

and effect during the term of this Agreement all required licenses permits and similar legal 

authorizations and comply with all requirements thereof Contractor is responsible for payment 

of all taxes and licensing fees necessary to perform its obligations under this Agreement These 

taxes and fees include but are not limited to State industrial insurance BO State professional 

licensing and City business licensing If any taxes or fees due the City have been declared 

delinquent the City may withhold the delinquent amount plus any additional charges ansmg 

from the delinquency from any payments due Contractor 

h Use of Facilities and Equipment The Contractor and its employees 

shall use the facilities herein described for those purposes and only for those purposes 

enumerated herein and other complex related maintenance items and for no personal uses 

i Fidelity Bond Contractor shall enter into an honesty and fidelity bond in 

the sum of Ten Thousand Dollars10 000 00 naming the City as the insured thereunder 

IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and 

year indicated 


ED FAULK OPERATIONS LLC 

PATTY LENT Mayor 

By ED FAULK 

Its 

DATE 

DATE 

6 

Greens Superintendent Agreement 

i

i 

ATTEST 


APPROVED AS TO FORM 

ROGER A LUBOVICH City Attorney 

R LEGALTilesTueent ActiveGreens Supenntendent Agreement 2011 doc 

7 


EXHIBIT A 

The City hereby agrees to retain the Contractor to maintain and improve the Gold 

Mountain Golf Complex courses to include clubhouse grounds and surrounding areas 

and through Contractor s efforts will strive to have the condition of the Gold Mountain 

Golf Complex in the best possible shape subject to budgetary and environmental 

limitations within which the Contractor must perform this work The Contractor does 

agree to conform to the generally accepted standards and practices of similar golf courses 

in the Western Washington region 

MAINTENANCE STANDARDS 

The following are the parameters of the maintenance practices and programs for the 

Cascade and Olympic courses 

A 

Maximum Mowing Heights 

Cutting Height Settings Summer Winter 

Tees 12 12 

Fairways 12 12 

Roughs 14 14 

Collars 12 12 

Greens 125 150 

B 

Mowing Standards 

Frequency Per Week Summer Winter 

Tees 2 As Needed To 

Fairways 3 Maintain Maximum 

Roughs 2 

Collars 3 

Mowing Heights 

Greens 7 

C 

Bunkers Raked 

Frequency Per Week Summer Winter 

3 As Needed 

D 

Aeritication 

Greens And Aprons 

All greens aerification will be coordinated with the pro staff to mitigate 

impact to tournaments and special events and timed to maximize revenues 


I 

Spring 

Aenfication will be performed with a 

minimum 58 hollow tines 

Fall Ainfication will be performed with a 

minimum 58 hollow tines 

Tees Fairways And Greens Surrounds 

These areas will be aenfied a minimum of once per year with34 hollow tines 

E 

Capital Projects 

Capital projects that have been approved by the City that can be accomplished 

with the knowledge and skills of the Golf Complex maintenance staff but would require 

additional labor will be negotiated as a separate contract or an addendum to the current 

contract 

Construction of new tees on Cascade Course will continue as manpower and 

conditions allow 

Upgrading irrigation system on Cascade Course i e new satellites and sprinkler 

heads will continue as budget allows 

F 

Regular Maintenance Practices 

Light sand top dressing of the greens will be done monthly during the 

growing season 

Cup location and tee markers will be changed daily during the growing 

season 

Fairway divots will be filled with sand and seed monthly 

Divots on tees will be filled with sand and seed daily 

Divots on driving range tee will be filled with sand and seed a minimum 

of 4 days per week 

Both courses will be kept free of storm blowdown and branches 

Encroaching brush and Scotch Broom with be cut back yearly 

Cart paths and bunkers will be edged a minimum of once per year 

All restrooms will be cleaned and sanitized daily 

Clubhouse lawns and landscaping will be maintained regularly 


Parking lot and entry road will be kept clean and debris free 

G 

Equipment Maintenance 

Regularly scheduled maintenance will be performed on all equipment to 

minimize costly repairs and equipment down time 

All repairs and parts will be documented to help identify problem 

equipment and determine cost effectiveness of repair vs replacement 

All cutting unit blades will be sharpened regularly to ensure a precise 

clean cut in order to keep the turf healthy and the playing surface smooth 

H 

Irrigation 

The Contractor will maintain the irrigation system to the best of his abilities The 

City will contract with an outside agent for preventive maintenance of the irrigation 

pump stations on both the Olympic course and the Cascade Course The Contractor will 

work with the City s Water Resource Manager to coordinate water usage and water 

pressure concerns 

I 

Chemical Use 

The Contractor will work closely with the Water Resource Division of the City in 

the use of chemicals and their application at the Gold Mountain Golf Complex A list of 

all pesticides and other chemicals must be maintained by the Contractor including the 

MSDS information sheets dates and time applied the person who applied the chemical 

and other information that may be required by OSHA WISHA Department of Labor and 

Industry EPA and any other city county state or federal agency that would have 

enforcement authority 

J 

Fertilization 

The Contractor will set up a fertilization program for the Golf Complex and work 

closely with the Director of Parks and Recreation to determine a yearly budget for 

fertilizer 

K 

Tree Removal 

Hazardous trees will be removed by the Gold Mountain maintenance crew as 

required for safety The Contractor will work with the City Forestry Manager for 

removal of any trees that are not related to safety 



AGENDA BILL 


CITY COUNCIL 


Golf Management Agreement with Scott COUNCIL MEETING Date April6 2011 

Alexander s Golf Shop Inc Department Parks and Recreation 

Presenter 

Wyn BirkenthalUeff 

Elevado 

Phone 4735752 

SUMMARY The agreement with Scott Alexander s Golf Shop Inc for the Gold Mountain Golf 

facility provides the City with golf management course operation and marketing services through 

December 31 2012 The agreement continues a successful partnership with Scott Alexander to 

operate Gold Mountain as one of the premier municipal golf complexes in the Pacific Northwest and 

is reflective of current trends in the golf industry regarding static revenue outlook over the next 

several years 

ATTACHMENTS 

Agreement 


Compensation covered by 2011 budgeted course revenue 

APPROVALS 


CITY ATTORNEY 


MAYOR 







Move to approve the Professional Services Agreement between the City of Bremerton and Scott 

Alexander s Golf Shop Inc and authorize the Mayor to finalize and execute the agreement with 

substantially the same terms and conditions as presented 


GOLF MANAGEMENT AGREEMENT 

THIS AGREEMENT made and entered into on the date fully executed by and between 

the CITY OF BREMERTON a municipal corporation of the State of Washington hereinafter 

referred to as City and SCOTT ALEXANDER S GOLF SHOP INC a Washington 

Corporation hereinafter referred to as Contractor to provide professional golf management 

and services pursuant to this Agreement at the City of Bremerton Gold Mountain Golf Club 

WHEREAS the City is the owner of Gold Mountain Golf Club which ownership 

includes the land upon which said golf complex is located the buildings and other improvements 

which are a part thereof and 

WHEREAS the Gold Mountain Golf Club consists of one 18hole golf course known as 

Cascade Course one 18hole golf course known as the Olympic Course a driving range 

located adjacent to the Cascade Course Driving Range and the clubhouse containing a Pro 

Shop restaurant the Cascade room and the Olympic room Clubhouse and other related 

facilities and structures collectively also referred to herein as Golf Club 

WHEREAS the City desires to enter into a new Golf Management Agreement with 

Contractor for management of the Cascade and Olympic golf courses Clubhouse Driving Range 

and Pro Shop and for providing professional golf services and lessons to the facility said new 

agreement superseding the terms of all prior agreements and 

WHEREAS the parties hereto have also simultaneously executed a lease whereby 

Contractor leases the Clubhouse for operation of a Pro Shop restaurant which includes cart food 

and beverage services for the golf courses and golf cart service and further leases the Driving 

Range as well as a cart pad to operate Contractors private golf cart rental business Lease and 

WHEREAS it is the intent of this Agreement to have the Contractor provide 

management services to the Gold Mountain Golf Club in accordance with the terms and 

conditions of this Agreement 

NOW THEREFORE in consideration of the mutual covenants contained herein the 

parties agree as follows 

1 PURPOSE AND ADMINISTRATION 

a The purpose of this Agreement is to establish a management services agreement 

whereby contractor will provide certain management and related services at Cityowned golf 

facilities This Agreement is not a lease nor does it create a leasehold interest other than similar 

property interest in Contractor to the City s facilities 

b Contractor will be responsible for performing all work and or services described 

herein The Contractor s performance will be monitored and reviewed by the City of Bremerton 

Director of Parks and Recreation or his or her designee hereinafter Director Contractor 

shall report directly to the Director and work closely with the Greens Superintendent Reports 

Page 

1 of 16 

GolfManagement Agreement

and data required to be provided by the Contractor shall be delivered to the Director Questions 

of the Contractor regarding interpretation of the terms provisions and requirements of this 

Agreement shall be addressed to the Director for response 

2 PREMISES The facilities of the Golf Club to be managed by the Contractor pursuant to 

this agreement include the Cascade and Olympic Golf Courses and related facilities hereinafter 

Premises 

3 TERM The term of this Agreement shall be two 2 years commencing on January 1 

2011 the Commencement Date and shall terminate on December 31 2012 unless otherwise 

earlier terminated in accordance with Section 14 

4 SCOPE OF SERVICES 

a General Services The Contractor s responsibilities include promoting and 

managing the use of the Golf Courses the collection of fees staffing the courses including 

starter services and marshals and operation and management of the Clubhouse and areas of 

Contractor s responsibility at the Driving Range in accordance with the Lease between the City 

and Contractor except as otherwise agreed upon between the parties in writing 

b Specific Services In providing the general services described above Contractor 

shall provide not less than the following specific services 

1 Olympic and Cascade courses 

1 Contractor shall provide an adequate number of starters agreed 

upon by both parties deemed necessary for the courses to facilitate a good golf operation 

Contractor shall be responsible for all starting of golf play and for control of the first tee at all 

times Contractor must provide an adequate number of course marshals to ensure reasonable pace 

of play and appropnate course conduct 

Ii 

All counter staff at the courses shall be expenenced trained and 

knowledgeable of golf operations and course rules 

iii 

Contractor shall provide an adequate number as agreed upon by 

both parties of golf clubs bags and pullcarts for rent to users at the courses 

IV 

Contractor shall operate and maintain a service for the handling 

sales and leasing of golf equipment and for leasing of carts for operation of the Golf Club 

operations 

V 

In cooperation with the Director and Golf Complex Board of 

Directors established pursuant to Chapter 2 34 of the Bremerton Municipal Code the Golf 

Complex Board Contractor shall schedule all golf tournaments and shall initiate and promote 

golf activities at the Golf Club 

vi 

The Contractor and Greens Supenntendent shall mutually agree 

upon the open and start of play daily with the Director resolving any conflicts 

2 Driving Range and Pro Shop The Contractor agrees to maintain and 

operate the Driving Range and Pro Shop in conjunction with the services provided in this 

agreement The Dnving Range and Pro shop shall be maintained and operated in accordance 

with the Lease between the City and Contractor for the facilities 

Page 



3 Lessons 

i The Contractor may provide competent golf instruction to all 

groups and levels of public players including juniors Qualified P GA members or registered 

assistants must be available to conduct lessons All revenues received and costs incurred by 

Contractor for lessons shall be revenue and costs of the Contractor 

ii 

All lesson gross revenue shall be paid directly to the Contractor or 

subcontractor and shall not be included in the City s revenue receipts 

4 Gift Certificates Contractor will sell gift certificates for merchandise 

restaurant green fees and lessons Sale of these certificates will be in accordance with internal 

controls as approved by the City Contractor shall maintain a log showing all unredeemed 

outstanding certificates 

5 Advertising 

i 

The Contractor shall annually provide to the Director for approval 

an advertising and promotion plan for the Golf Club which approval shall not be unreasonably 

withheld 

ii Contractor shall obtain City approval for all advertisement for 

commercial vendors unrelated to concession operation on score cards benches entryways etc 

Contractor agrees to honor contracts with existing advertising vendors until said contracts expire 

6 

Attend Meetings Contractor agrees to be available to attend regular and 

special meetings of the Golf Complex Board Parks and Recreation Commission and City 

Council and shall be prepared to discuss issues and ideas of interest to the Contractor and City 

c Pricing of Golf Services 

1 Green fees are established by City Council following a review and 

recommendation of the Golf Complex Board The City reserves the right to establish fees for 

residents residential preferential programs and events sponsored by local businesses and 

organizations as well as non resident fees Fee adjustments must be approved by the City 

Council except that the Director may establish discount rates for promotional purposes 

Contractor as an exofficio member of the Golf Complex Board shall have input on pricing of 

golf services 

2 

All tournament fees will be set by the Contractor subject to review and 

final approval of the Director 

5 OTHER DUTIES AND RESPONSIBILITIES 

a Performance of Duties The Contractor shall devote their attention and energies 

to the performance of duties as golf Contractor for the City during the term of this Agreement 

They shall conduct themselves at all times and in all matters in accordance with the standards 

accepted for golf Contractor as established by the Professional Golfers Association hereinafter 

PGA 

The Contractor shall operate the facilities and programs under their direction and 

control so that they will meet or exceed the standard in the industry for public golf courses in the 

Puget Sound region 

Personnel The Contractor shall provide competent personnel necessary for such 

b 

operations and shall train and supervise them in their work and shall pay them for their services 

at the Contractor s sole cost and expense Contractor shall supervise direct and train staff to 

perform duties and meet requirements for sales rentals and services which are in the opinion of 



the City and Contractor necessary Contractor shall provide an ongoing staff training program 

with emphasis on customer training There will be a minimum of two PGA professionals on staff 

including the Principals of Contractor At least one of the PGA professionals must be on site 

daily during peak business hours of the Golf Club 

c Credit Rating Contractor shall maintain a good credit rating in all commercial 

transactions so as not to discredit the reputation or name of the City of Bremerton 

d Tournament Play The Contractor shall have the right and are expected to 

represent the City of Bremerton in various golf tournaments They shall submit their tournament 

schedule for information to the Director In the event they qualify they shall have the right to 

play in the U S Open Masters the PGA National Championship and the Club Contractor s 

Championship or any tour event held locally 

e Security The City has installed a monitored burglar alarm system at the 

Clubhouse and Pro Shop and the City will pay the monthly service charge for the system 

Contractor is responsible for setting the alarm insuring that it is properly operating and notifying 

the City if it is in need of repair 

t Inspections The Contractor will make a daily physical inspection of the complex 

and report any unusual or unsafe conditions observed during said inspection to the Director 

immediately Such reports shall be followed up in writing 

g Quarterly Review Contractor and City shall meet on a quarterly schedule or 

as otherwise as mutually agreed to evaluate operations at the Golf Club and the performance of 

the parties pursuant to this agreement and to make mutually agreeable changes 

6 OPERATING POLICIES AND PROCEDURES The Contractor will 

a 

City Council and the Director 

Operate the Golf Club pursuant to the rules and regulations established by the 

b Expel unruly persons or those under the influence of intoxicants from the 

Premises under Contractor s control 

c 

control 

Not foster nor permit any illegal activity on the Premises under Contractor s 

d Answer and handle all complaints and shall supervise a public relations program 

In dealing with the public Contractor will not speak toward City policies or decisions in a 

derogatory manner Contractor shall explain and support city policies to staff and the golfing 

public 

e Not use the Premises for ancillary revenue producing activities or social 

activities unless expressly authorized by the City The parties acknowledge that Contractor 

conducts certain private business operations pursuant to the Lease executed with the City for 



i 

operation of a Pro Shop Driving Range and Contractor s private cart rental business and further 

that Contractor subcontracts lessons at the Golf Club 

f Regulate the play and conduct of all persons on the golf course including keeping 

off trespassers and preventing injury to the golf course by players and others 

g Not allow any person to be afforded free use of the golf course unless approved 

by the Director 

Supervise all golf activities in connection with outside parties and shall provide 

h 

members of the golfing public with adequate services as may be required 

i Provide service to meet public demand and shall keep the Clubhouse open each 

day that the golf courses are open for play and at other reasonable hours as prescribed by the 

City except Thanksgiving and Christmas at Contractors option days the Greens Superintendent 

closes the course due to inclement weather and except as set forth in Section7D and E 

7 COMPENSATION 

a Contractor shall be compensated for services as follows 

1 Course and Facility Management Fee 

i Fixed Fee Contractor shall be paid the annual sum of THREE 

HUNDRED SIXTY THOUSAND AND NO100 DOLLARS 360 00000 This fixed fee 

compensation shall be paid in weekly installments of6923 07 or as otherwise agreed 

u 

Percentage Greens Fee In addition throughout the term of this 

contract Contractor shall be paid ten percent 10 of revenues received from greens fees net of 

sales tax in excess of2000 

but in no event shall this percentage fee exceed the fixed 

fee in any given year set forth in this section For purposes of this subsection greens fees 

include daily private cart fees and all other course activities not otherwise provided for in this 

section Section 7 for which revenue is received for use of the course whether golf related or 

not This percentage fee shall be paid after the end of each year 

2 Final reconciliation Final reconciliation and payment for each year will 

be made by January 3I of the following year 

b Billing and Payment Procedures The City shall pay the amounts due to 

Contractor as set forth in Section 7a Appropriate reconciliation payments for the costs and 

expenses incurred by the Cityi a credit card fees in the current month for which the Contractor 

is obligated to pay under the terms of the agreement shall be included in the reconciliation 

adjustments and will be deducted from the City s payment in the following month 

c Withholding of Payments to Contractor In the event the Contractor is 60 days 

or later in payment of lease payments associated with the Lease City may withhold and apply all 

monies due to Contractor from City under this Agreement to offset any such amounts due to City 

from Contractor under said Lease 

d Golf Course Closure For Conditions and Repair The golf course facilities 

shall remain open for play unless they are closed as a result of causes beyond the control fault 

GolfManagement Agreement 

Page 5ofl6

or negligence of the parties Such causes may include without limitation acts of God or public 

enemy acts of the federal state or local governments fires floods epidemics volcanic 

eruptions quarantine restrictions strikes freight embargoes court orders and unusually severe 

weather or other condition that causes all or a portion of the Golf Club facilities to be closed for 

extended periods of time Should either the City or the Contractor fail to perform because of a 

cause described in this subsection the City and the Contractor shall make a mutually acceptable 

revision in the SCOPE OF SERVICES and COMPENSATION provided for in this Agreement 

including termination of the Agreement if the Golf Club is deemed unusable by the City as a 

result of mayor damage or destruction and the City elects not to rebuild the same 

In the event that City determines that it is necessary to close all or a portion of the golf 

Club facilities due to regular maintenance repair capital improvements inclement weather or 

similar condition which results in a situation where the golf course is unsatisfactory for play or 

if damage to the course and facilities is likely if it remained open the City shall coordinate such 

closing with the Contractor prior to actual closing Contractor shall comply with the Director s 

decision to close all or part of the course and facilities at no cost to the City 

In the event of closure of all or a portion of the Golf Club facilities as set forth in this 

subsection Contractor shall not be entitled to any compensation pursuant to this section Section 

7 whether fixed fee or percentage fee however when feasible the City and Contractor shall 

revise the SCOPE OF SERVICES and COMPENSATION as noted above for partial closure of 

the Golf Club unless this agreement is terminated pursuant to Section 14f The City shall incur 

no liability to Contractor for lost revenue or other additional compensation as a result of any 

closure of all or a portion of the golf Club facilities as set forth in this subsection 

e Golf Course Closure For Events In the event circumstances require the 

closure of the course or portions thereof for events that may result in the loss of greens fees the 

Director may approve in advance of the closure and in writing an amount representing potential 

greens fees lost as a consequence of the course closure This amount shall be used to determine 

what amount if any shall be paid to the Contractor pursuant to this section Any amount 

pursuant to this section will be included in the Final reconciliation and payment as provided in 

this section 

8 CITY RESPONSIBILITIES 

a Golf Course grounds 

1 

The City shall maintain and repair all turf and landscaped areas adjacent to 

the tees greens fairways Driving Range parking lot and the Golf Course buildings 

2 

The City shall maintain and repair all building exteriors parking lots 

pathways and all of their fixed components including structural maintenance of buildings 

heating and cooling units doors and windows locks associated with City s area of responsibility 

and lighting systems 

3 

The services provided in 1 and 2 above shall be in the manner and to 

the extent previously provided and within defined annual budgets 

b Utilities All electric power water sewer gaspropane street utility garbage and 

telephone service related to this agreement shall be paid by the City If upon review the City 



j 

I 

j 

determines that action is needed to address excessive consumption Contractor will promptly 

respond and take appropriate action to remedy the excessive consumption Each party shall pay 

internet and web page costs and expenses related to their duties and responsibilities under this 

Agreement unless otherwise agreed 

9 CAPITAL IMPROVEMENTS AND FIXTURES Contractor shall not make any 

alterations additions or improvements in the Gold Mountain Golf Club including the 

Clubhouse without first obtaining the consent of City in writing which consent can be withheld 

at City s sole discretion All alterations additions and improvements shall be at the sole cost 

and expense of Contractor and shall remain in and be surrendered with the Clubhouse as a part 

thereof at the termination of this Agreement If Contractor performs work with the consent of 

City as provided above Contractor agrees to comply with all laws ordinances rules and 

regulations of the City and any other authorized public authority Contractor further agrees that 

workmanship will be of a reasonable commercial quality in color schemes in accordance with 

current building standards and free of mechanics liens Contractor further agrees to save City 

free and harmless from damage loss or expense arising out of such work 

10 COLLECTION OF FEES FINANCIAL REPORTING AUDITING AND TAXES 

Pursuant to the Golf Club Revenue Bond resolutions the City irrevocably pledged gross 

revenues from the Golf Club as security for bond repayment Therefore all gross revenues from 

any source shall first be deposited in the City s bank account and disbursed pursuant to this 

Agreement 

a Point of Sale System City and Contractor will enter into an agreement 

for the acquisition installation and operation and maintenance of a point of sale system and the 

parties shall share in the cost of the same based on a formula reflecting each parties use of the 

system 

b 

Receipting Contractor and or subcontractor shall collect for and on behalf of 

the City all gross revenue including but not limited to golf course greens fees Driving Range 

fees collected under the Lease golf club and cart rentals golf course tournament fees non 

sufficient fund check return fees and all other fees at the Golf Club in strict accordance with the 

schedule of fees established by the City unless other instructions are given in writing to the 

Contractor Netting of transactions is prohibited All revenue collected from transactions under 

this agreement with the exception of lessons must be processed through the Point of Sale 

System and deposited as provided in subsection 10c Contractor may process lesson revenue 

through the Point of Sale System in which case the revenue must be receipted and deposited as 

provided in subsection 10 c and thereafter reconciled and paid to Contractor as appropnate All 

course gross revenue must be recorded collected and deposited in a manner which will dispense 

a dated receipt to be given to each customer 

i 

c Deposits All deposits must be prepared in a timely manner defined as z hour 

ahead of scheduled pickup and composition of deposit shall remain intact and a clear audit trail 

j maintained The City will provide and pay for couner service Any delays causing additional 

premise charges will be paid by Contractor All deposits will be made into a single account 

established for the Golf Club Settlements and appropriate disbursements will be made from this 

account Contractor shall be responsible for any loss or theft of City funds while the same are in 

its possession or control Contractor shall provide City with a fidelity bond and a performance 

i 

Page 



ond as required in this Agreement Contractor and any subcontractor shall comply with 

accounting procedures as may be required by the City to comply with state laws regulations and 

audit review requirements 

d Reports Contractor shall provide to the City daily reports of golf activity and 

receipts in a format to be provided by the Director and Finance Officer and shall structure their 

accounting system in a method satisfactory and acceptable to the City The reports will be 

forwarded to the Director and must be received by the 2nd business day following the day of 

activity excluding Fridays Saturdays and Sundays which will be due on Tuesdays The reports 

must agree with the corresponding deposit for the day In addition the Contractor shall submit a 

copy of its previous year s operating statement by March 31 to demonstrate Contractor s 

financial ability to maintain operations under this Agreement 

e Audits All revenue and fees collected at the Golf Club are City revenues 

and subject to audit by the State Auditor City Internal Auditor or City hired Certified Public 

Accountants Contractor shall permit the City from time to time as the City deems necessary 

through its designated representatives to inspect and audit in Bremerton Washington at any 

reasonable time all pertinent books and records of Contractor and any other person or entity that 

has performed work in connection with or related to Contractor s services under this Agreement 

to verify the accuracy of accounting records and shall supply the City with or shall permit the 

City to make a copy of any books and records and any portion thereof upon the City s request 

Contractor shall ensure that such inspection audit and copying right of the City is a condition of 

any contract agreement or other arrangement under which any other person or entity is permitted 

to perform work in connection with or related to Contractor s services under this Agreement 

The Contractor shall take immediate corrective action on all prior current or future internal 

control weaknesses as directed by the City 

f Taxes Pursuant to the City s bond resolutions on the Golf Club facilities the 

Contractor will remit to the City all gross revenues collected Sales tax from Contractor s 

activities remitted to the City will be held by the City and will be returned to the Contractor 

weekly or as otherwise agreed City shall retain and remit sales taxes on revenues from green 

fees sales As an independent contractor the Contractor acknowledges that it is responsible for 

payment of any local state including business and occupation tax or federal taxes or fees with 

respect to the Contractor s business including sales tax for its activities The Contractor shall 

pay any and all applicable taxes when due 

g Credit Card Costs and Fees Contractor shall be responsible for all credit card 

costs and related fees incurred for Contractor s business pursuant to this agreement le lessons 

and the City shall be responsible for credit card costs and related fees incurred for the City s 

business pursuant to this agreement ie greens fees 

11 MAINTENANCE OF RECORDS The Contractor shall keep and maintain on a 

current basis all books and records including the operating accounts to support its management 

and operations of the Premises under this Agreement The City or its authorized representative 

shall have the authority to inspect audit and copy upon reasonable notice and from time to 

time any records of the Contractor regarding its billings payments or work under this 

Agreement Contractor shall retain these records for inspection audit and copying for at least 


i 

i 

i 

Page 8 of 16

three 3 years from the date of completion or termination of this Agreement or as otherwise 

required by the Washington Secretary of State General Records Retention Schedule for all Local 

Government Agencies in Washington State Contractor shall at all times provide the City with 

all records for the prior three 3 years that relate to the financial matters of the Premises 

managed by Contractor under this Agreement 

12 AUDIT OF PAYMENTS The City either directly or through a designated 

representative may audit the records of the Contractor at any time during the three 3 year 

period established by Section 11 MAINTENANCE OF RECORDS If an audit discloses that 

payments to the Contractor under Section 7 COMPENSATION were in excess of the amount 

to which the Contractor was entitled or that the payments to the City were less than the amount 

to which the City was entitled then Contractor shall repay the amount of the excess or deficiency 

to the City If an audit discloses that payments to the City under Section 7 COMPENSATION 

were in excess of the amount to which the City was entitled or that payments to the Contractor 

were less than the amount to which the Contractor was entitled then the City shall repay the 

amount of the excess or deficiency to the Contractor 

13 ASSIGNMENT Contractor shall not either voluntarily or by operation of law assign 

transfer mortgage pledge hypothecate or encumber this contract or any interest therein and 

shall not subcontract the obligations under this Agreement or any part thereof or allow any 

person employees agents servants and invitees of Contractor excepted to use the Golf Club 

Facilities or any portion thereof without the prior written consent of the City Any such 

assignment subcontracting or use without compliance with the terms of this section shall be void 

and shall constitute a default under the terms of this Contract If Contractor is a corporation any 

transfer of this Contract from Contractor by merger consolidation or liquidation or any change 

in the ownership or power to vote in a majority of the outstanding voting stock of Contractor 

shall constitute an assignment for purposes of this section Any consent to one assignment 

subcontracting or use by any other person shall not be deemed to be a consent to any subsequent 

assignment subcontracting or use by another person Consent to any such assignment 

subcontracting or use shall in no way relieve Contractor of any liability under this Agreement 

Assignment by Contractor to a financial institution holding a security interest in this Agreement 

shall not be considered to be a violation of the consent requirements of this Agreement Consent 

for any subsequent assignments by said financial institution will not be unreasonably withheld 

however any assignee must have experience and be knowledgeable in golf facility management 

and operations 

14 

TERMINATION This Contract will terminate upon the happening of any of the 

following events 

a 

b 

c 

d 

Upon its normal termination if not renewed 

Upon termination of the Lease 

Upon the death of both of Contractor s Principals 

By mutual written agreement 


Page 

9 of 16

e 

Breach of this Agreement as set forth in Section 15 below 

f Mayor damage or destruction of the golf Club property structures or equipment 

that is the subject of this Agreement when the City decides not to rebuild and that damage or 

destruction will prevent Contractor from substantially performing their obligation under this 

Agreement 

15 BREACH 

In the event that either party claims that the other is in a substantial breach of any 

a 

of the provisions of this Contract notice of the breach shall be submitted to the party alleged to 

be in breach and the party in breach shall have thirty 30 days from receipt of the notice within 

which to correct any activity or conduct claimed by the other to have constituted a substantial 

breach of this Contract The notice shall identify the nature of the breach and the contract 

provisions violated 

b In the event that the party in breach shall fail to correct the activity claimed to 

constitute a substantial breach of this Contract within thirty days of receipt of the notice of 

breach the party claiming breach may 

1 Issue a notice of termination and or 

2 Seek judicial remedy or specific performance andor 

3 

Pursue any other remedy available at law or equity 

c The Contractor is subject to immediate termination upon written notice by City if 

1 

Contractor violates any fiduciary duty to the City by misappropriating or 

not properly accounting for or mishandling City funds as determined by the City or Washington 

State Auditor or 

2 Contractor vacates or abandons the Golf Club facilities under Contractor s 

responsibility 

3 

Termination or expiration of the Lease between the parties 

d Upon receipt of notice of termination by Contractor which is issued by the City 

the City shall have the right to 

1 

Enter and take possession of the facilities and or 

2 

Bring suit for and collect all fees and portions of gross revenue or any 

other monies required to be paid to the City which shall have accrued to the time of termination 

of the Contractor s rights 

e Upon written notice of termination by the City Contractor will have thirty 30 

days to vacate the Premises unless the City elects to take immediate possession as set forth in 

subsection d above Termination shall be affected by serving a Notice of Termination by 

certified mail return receipt requested or by personal delivery upon the Contractor setting forth 

the manner in which the Contractor is in default 

f Neither the City nor the Contractor shall have breached this Contract by reason of 

the closing of all or a portion of the golf course facilities as set forth in Section7d and e 



g Examples of a breach by the Contractor which warrants termination if not cured 

shall include but not be limited to 

t Misappropriation or mishandling of City funds 

2 Contractor makes any general assignment or general arrangement for the 

benefit of creditors or the filing by or against Contractor of a petition to have Contractor 

adjudicated as bankrupt or a petition for reorganization or arrangement under any law relating to 

bankruptcy unless in the case of a petition tiled against Contractor the same is dismissed 

within sixty 60 days or the appointment of a trustee or a receiver to take possession of 

substantially all of Contractor s assets located at the Premises or of Contractor s interest in this 

Agreement where possession is not restored to Contractor within thirty 30 days or the 

attachment execution or other judicial seizure of substantially all of Contractor s assets located 

at the Premises or of Contractor s interest in this Agreement where such seizure is not discharged 

within thirty 30 days 

3 Contractor assigns all or part of its interest in this Agreement without pnor 

written consent of the City pursuant to Section 13 

4 Nonpayment of outstanding current liabilities within ninety 90 days and 

failure to pay Federal State and local taxes and license fees when due 

5 Continuing inattention or neglect of duties 

6 Suspension from the PGA resulting in a situation where neither pnncipal 

is a member of the PGA for more than thirty 30 days 

7 Conviction of a felony or conviction of a non felony crime of dishonesty 

theft or deceit of either of the Pnncipals 

16 PURCHASE OF CONTRACTORS MERCHANDISE In the event the City takes 

over management of the Golf Club facilities after expiration of this Agreement or earlier 

termination by the City Contractor reserves the right if it so elects at its discretion to require 

City to purchase the Contractor s Pro Shop and Driving Range merchandise and moveable 

furnishings at Contractor s cost less depreciation as mutually agreed upon Said moveable 

furnishings are more specifically identified in Exhibit A attached hereto and incorporated herein 

by this reference If there is no agreement this amount shall be established by a mutually agreed 

upon independent appraiser The City shall make payment within 90 days of expiration or 

termination less any monies owing to the City under the terns of this Agreement or under the 

terms of the Lease Should Contractors simply abandon any items set forth above they shall 

immediately become the property of the City 

17 INDEPENDENT CONTRACTOR 

The Contractor is engaged as an independent contractor and will be responsible 

a 

for any federal state and local taxes and fees applicable to payments hereunder 

b The Contractor its subcontractors and their employees are not employees of the 

City and are not eligible for any benefits through the City including without limitation federal 

social security health benefits workers compensation unemployment compensation and 

retirement benefits 

c The parties agree and acknowledge that the Contractor is an independent 

contractor and not the agent or employee of the City of Bremerton and that no liability shall 

attach to the City as a result of the acts or omissions of the Contractor its agents or employees 

Page llof16 


d The Contractor shall be responsible for withholding and paying all payroll taxes 

for any person hired by them to perform the duties they are required to perform under the terms 

of this agreement They are also responsible for all taxes owed to any governmental agency as a 

result of the monies paid to them under the terms of this Agreement 

18 INDEMNIFICATION INSURANCE BOND 

a 

Indemnification 

1 Contractor agrees to defend indemnify and save harmless the City its 

appointed and elected officers employees and volunteers from and against any and all liability 

loss cost damage and expenses including costs and attorney fees in defense thereof because of 

actions claims or lawsuits for damages resulting from personal or bodily injury including death 

at any time resulting there from sustained or alleged to have been sustained by any person or 

persons and on account of damage to property ansing or alleged to have arisen directly or 

indirectly out of or in consequence of or the performance of this Agreement whether such 

injuries to persons or damage to property is due to the willful or negligent acts or omissions of 

Contractor their subcontractors or agents This provision shall be inapplicable to the extent the 

City is judicially found solely negligent for such damage or injury 

2 

Should a court of competent jurisdiction determine that this Agreement is 

subject to RCW424 115 then in the event of liability for damages ansing out of bodily injury 

to persons or damages to property caused by or resulting from the concurrent negligence of the 

Contractor and the City its officers officials employees and volunteers the Contractor s 

liability hereunder shall be only to the extent of the Contractor s negligence 

b Insurance Requirements 

1 The Contractor shall procure and maintain for the duration of this 

Agreement insurance against claims for injuries to persons or damage to property which may 

arse from or in connection with the performance of the work hereunder by the Contractor its 

agents representatives employees or subcontractors 

2 

The Contractor shall provide a Certificate ofInsurance evidencing 

a 

Automobile Liability Insurance with no less than1000 

combined single limit per accident for bodily injury and property damage and 

b Commercial General Liability Insurance written on an occurrence 

bases with limits no less than1000 

combined single limit per occurrence and2000 

aggregate for personal injury bodily injury and property damage Coverage shall include but 

not be limited to blanket contractual productscompleted operations broad form property 

damage liquor liability and employer s liability 

3 Any payment of deductible or self insured retention shall be the sole 

responsibility of the Contractor 

4 

The City including its officials employees and volunteers shall be 

named as an additional insured on the insurance policy with respect to work performed by or on 

behalf of the Contractor and a copy of the endorsement naming the City as additional insured 

approved by the City s Risk Manager shall be attached to the Certificate ofInsurance 

5 

The Contractor s insurance shall contain a clause stating that coverage 

shall apply separately to each insured against whom claim is made or suit is brought except with 

respect to the limits of the insurer 

liability 

Page 



6 

The Contractor s insurance shall be the primary and non contributing 

insurance with respect to the City s insurance and the City shall be given thirty 30 days prior 

written notice of any cancellation suspension or material change in coverage 

7 Acceptability of Insurers Insurance is to be placed with an insurer with 

a Bests rating of no less than A XIII or with an insurer acceptable to the City 

8 Subcontractors Contractor shall include all subcontractors as insureds 

under its policies or shall furnish separate certificates for each subcontractor All coverage for 

subcontractors shall be subject to all of the requirements stated herein 

9 

Workers Compensation Tenant shall provide evidence of worker s 

compensation insurance in the amount required by statute and employer s contingent liability 

stop gap insurance in the amount of at least1000 

per accident and at least 

1000 

for disease each employee 

c Bond The Contractor shall continuously maintain at its expense an employee 

dishonesty bond covering collection of fees on the Premises for the benefit of the City The bond 

shall be in an amount not less than SEVENTYFIVE THOUSAND AND NO 100 DOLLARS 

75 000 

The Contractor must additionally provide broad form money and securities 

coverage both inside and outside the Premises in an amount not less than FIVE THOUSAND 

AND NO100 DOLLARS5000 00 

d Proof of Insurance Proofof the above requirements must be provided to the 

City upon execution of this Agreement The policies required herein shall provide not less than 

thirty 30 days prior written notice to the City of any cancellation expiration modification or 

reduction in coverage or liability limits 

19 SUBCONTRACTING The Contractor shall not subcontract its work under this 

Agreement in whole or in part without the written approval of the City The City reserves the 

right to review and approve any subcontracts prior to execution to ensure compliance with the 

provisions of this Agreement The Contractor shall require any approved subcontractor to agree 

as to the portion subcontracted to comply with all terms and conditions as specified in this 

Agreement Notwithstanding City approval of a subcontractor the Contractor shall remain 

obligated for full performance hereunder and the City shall incur no obligation other than its 

obligations to the Contractor hereunder Any subcontracts approved by the City shall be 

subject to and shall not extend any rights granted beyond those set forth in this Agreement 

to Contractor Contractor agrees that if subcontractors are employed in the performance of this 

Agreement Contractor and its subcontractors are subject to the requirements of the State of 

Washington Workers Compensation Laws 

20 

CONDITION OF PREMISES The Contractor has inspected and examined the 

Premises and all facilities and fixtures thereon and accepts the same in its present condition 

Contractor shall not make any alterations changes or additions to the Clubhouse or to any 

fixtures or equipment owned by the City without the written consent of the Director The 

Contractor shall not commit permit or allow any nuisance waste or injury in upon or to the 

golf course or to permit the use of the golf course for any illegal or immoral purpose 

21 

NOTICE Any notice provided for under this Agreement shall be sufficient if in writing 

and delivered personally to the following addressee or deposited in the United States Mail 

The 

Page 

13 of 16 


postage prepaid certified mail return receipt requested addressed as follows or to such other 

address as the receiving party hereafter shall specify in writing 

City 

Contractor 

Director of Parks and Recreation 

City of Bremerton 

345 6th Street Suite 600 

Bremerton Washington 98337 

Scott Alexander 

Scott Alexander s Golf Shop Inc 

P O Box 197 

Bremerton WA 98312 

22 

PAYMENTS TO VENDORS AND SUBCONTRACTORS The Contractor shall pay 

timely all suppliers lessors and contractors providing services materials or equipment for 

carrying out its obligations under this Agreement The Contractor shall not take or fail to take 

any action in a manner that causes the City or any materials that the Contractor provides 

hereunder to be subject to any claim or lien of any person without the City s prior written 

consent 

23 

BUSINESS LICENSE Contractor shall obtain a City of Bremerton business license as 

required by Chapter 5 02 of the Bremerton City Code prior to beginning work under this 

Agreement 

24 

CONFIDENTIALITY OF RECORDS The City will to the extent allowed by law 

keep all of Contractor s and subcontractor 

financial cost information confidential unless 

required to disclose the information as a result of the Washington Public Records Disclosure law 

Ch 42 56 RCW or by court order 

25 OTHER 

a Costs and Attorney Fees 

If by reason of any default or breach on the part of 

either party in the performance of any of the provisions of this Agreement a legal action is 

instituted the losing party agrees to pay all reasonable costs and attorney fees in connection 

therewith It is agreed that the venue of any legal action brought under the terns of this 

Agreement shall be in Kitsap County 

b 

Construction This Agreement shall be construed in accordance with the laws of 

the State of Washington The provisions of this Agreement have been negotiated by the parties 

and when interpreting the provisions of this Agreement there shall be no presumption of 

draftsmanship for or against either party 

c Severability The invalidity or unenforceability of any provision hereof shall in 

no way affect the validity or enforceability of any other provision 

d Waiver 

Failure to insist upon strict compliance with any terms covenants 

or conditions of this Agreement shall not be deemed a waiver of such nor shall any waiver or 

relinquishment of such right or power at any time be taken to be a waiver of any other breach 



The City and the Contractor shall not be deemed to have waived any breach of this Agreement 

by the other party except by an express waiver in writing An express written waiver as to one 

breach shall not be deemed a waiver of any other breach not expressly identified even though 

the other breach is of the same nature as that waived 

e Amendment The City and the Contractor may amend this Agreement at any 

time only by written amendment executed by the City and the Contractor The City and the 

Contractor agree that this Agreement shall be amended at any time if in the opinion of bond 

counsel to the City such amendment is necessary to preserve the tax exempt status of interest on 

obligations of the City issued to finance the Golf Club 

f Entire Agreement This Agreement contains the entire agreement between the 

parties with regards to the subject matter set forth herein There are no other representations 

with regards to the subject matter either orally or in writing 

g Previous Agreements Superseded The terms and conditions of this Agreement 

supersede the terms obligations and conditions of any existing or prior agreement between the 

parties regarding the subject matter of this Agreement This Agreement replaces in its entirety 

any prior agreements including the prior Golf Management Agreement and any amendments 

and extensions thereto 

h Nondiscrimination Contractor shall not discriminate in employment or services 

to the public on the basis of race color national origin sex religion age marital status 

physical mental or sensory disability except in an employment action based on a bona fide 

occupational qualification 

i Liens The Contractor agrees that it shall pay or cause to be paid all costs and 

expenses for work done and materials delivered to the Premises and shall keep the Premises free 

and clear of all liens for work performed thereon 

0 Remedies 

Rights under this Agreement are cumulative the failure to exercise 

on any occasion any right shall not operate to forfeit such right on another occasion The use of 

one remedy shall not be taken to exclude or waive the right to use another 

k Washington law and Forum This Agreement shall be construed according to 

the law of the State of Washington Any litigation between the City and the Contractor ansing 

under this Agreement or out of work performed under this Agreement shall occur if in the state 

courts in the Kitsap County Court having jurisdiction thereof and if in the federal courts in the 

United States District Court for the Western District of Washington 


SCOTT ALEXANDER S GOLF SHOP INC 


By SCOTT ALEXANDER 

Its 

DATE 

DATE 


Page 

15 of 16

By DARYL MATHENY 

Its 

DATE 

ATTEST 




R LegalLegalFilesTurrent Active FilesGold MountamGolf Management Agreement 

Final doc 


Page 

16 of 16

EXHIBIT A 

Pro Shop and Dnving Range Moveable Furnishings 

Under Development


AGENDA BILL 


CITY COUNCIL 

rrrrrrrrrrrrrrrrrrrorrrrrrorrrrrrrroorrrrrrrrrrrrrrorrorrororrrrrrrroorrrr000rrroorrrr 


with Scott Alexander s COUNCIL MEETING Date April 6 2011 

Lease Agreement 

Golf Shop Inc Department Parks and Recreation 

Wyn Birkenthal 

Phone 4735752 

Presenter 

SUMMARY The Lease Agreement with Scott Alexander s Golf Shop Inc gives the Lessee the 

right to use the Gold Mountain Clubhouse Pro Shop Restaurant Meeting Rooms Cart Pad and 

Driving Range to provide golf related services at the Gold Mountain Golf Course The Lessee 

compensates the City through payment of a fixed fee for the Clubhouse and Cart Pad and a percentage 

of gross revenue on Cart Rentals and Driving Range proceeds Under this two 2 year agreement the 

City is will receive an additional6000 

in annual rent for use of the Clubhouse when compared 

to the previous lease 

ATTACHMENTS 

Lease Agreement 


Lease Revenues Budgeted in 2011 Gold Mountain Operating Budget 

APPROVALS 


CITY ATTORNEY 


MAYOR 

dZA 







Move to approve the lease with City of Bremerton and Scott Alexander s Golf Shop Inc and 

authorize the Mayor to finalize and execute the agreement with substantially the same terms and 

conditions as presented 


LEASE 

THIS LEASE is entered into on the date fully executed by and between THE CITY OF 

BREMERTON a municipal corporation hereinafter referred to as City and SCOTT 

ALEXANDER S GOLF SHOP INC a Washington corporation hereinafter referred to as 

Lessee 

WHEREAS the City is the owner of Gold Mountain Golf Club Golf Club which 

ownership includes the land upon which said golf complex is located the buildings and other 

improvements which are a part thereof and 

WHEREAS the Golf Club consists of one 18hole golf course known as Cascade 

Course one 18hole golf course known as the Olympic Course a driving range and snack 

shack the clubhouse containing a Pro Shop restaurant adjacent terrace and adjoining pavilion 

and other related facilities and structures collectively also referred to herein as Golf Club 

WHEREAS Lessee has served the City as its golf professional for many years It is the 

desire of the Lessee and City to continue this relationship The Lessee and the City are 

simultaneously with the execution of this Lease also entering into an agreement for golf 

management and services entitled Golf Management Agreement so that the Lessee will serve 

as the Golf Course Professional and provide management services golf cart service and food 

and beverage services for the Golf Club and 

WHEREAS As an inducement for Lessee to enter into the Golf Management 

Agreement and to assure that the customers receive all of the services that are customary for a 

golf course the City has agreed to lease the driving range and a portion of the clubhouse to the 

Lessee The portion of the clubhouse to be leased to the Lessee is for a Pro Shop and a 

restaurant which includes cart food and beverage services for the golf courses and 

WHEREAS Lessee has a private golf cart rental business and agrees to provide golf 

cart services to the customers of the Golf Club from this business Additionally Lessee desires 

to lease land from the City at the Golf Club for the storage of golf carts unrelated to the business 

at the Golf Club and 

WHEREAS The purpose of this Lease is to provide for the Lessee to operate the Pro 

Shop restaurant golf cart service and driving range as well as to operate its private golf cart 

rental business while serving as the City s Golf Professional under the terms of the Professional 

Service Agreement referenced above and 

NOW THEREFORE for valuable consideration and by mutual consent of the parties 

the prior Lease Agreement between the parties is hereby terminated in it entirety and replaced 

with a new lease as follows 

1 PREMISES City does hereby lease to the Lessee the clubhouse containing a Pro Shop 

restaurant the Cascade room and the Olympic room offices storage area adjacent terrace and 

adjoining pavilion Clubhouse as set forth in Exhibit A as well as portions of real property 

1 

Gold Mountain Lease

described as the driving range and snack shack located adjacent to the Cascade Course Driving 

Range and the cart pad consisting of approximately 15 000 square feet of land Cart Pad as 

set forth in Exhibit B collectively also referred to herein as Premises said exhibits attached 

hereto and incorporated by reference 

The Premises are located upon real property commonly known as the Gold Mountain 

Golf Club Golf Club legally described as Section 36 Township 24 N Range I West WM in 

Kitsap County Washington 

2 TERM The term of this Lease shall be two 2 years commencing on January 1 2011 

the Commencement Date and shall terminate on December 31 2012 unless otherwise earlier 

terminated in accordance with Section 17 

3 CONSIDERATION 

a 

Premises 

Rent Lessee shall be obligated to pay the following Lease Payment for the 

1 Fixed Fee Lessee shall pay a fixed fee as follows 

i 

Clubhouse Base Rent of THIRTYNINE THOUSAND AND 

NO100 DOLLARS39 000 00 per year payable5460 00 on January 114 040 00 on April 

114 040 00 on July 1 and5460 00 on October 1 of each year during the term of this lease 

u 

Cart Pad Base Rent of THREE THOUSAND FOUR HUNDRED 

FORTY FOUR AND NODOLLARS3444 00 per year payable in quarterly payments of 

86100 on January 1 April 1 July 1 and October 1 of each year during the term of this lease 

2 Percentage Fee In addition the Lessee shall pay additional Rent as 

follows 

Club golf cart rental and 

i Cart Rental Six percent 6 of the gross revenue from the Golf 

it Driving Range Eight percent 8 of the gross revenues from 

Driving Range fees These amounts shall be paid quarterly for the preceding quarter payable on 

April 15 July 15 October 15 and January 15 Lessee shall provide a quarterly accounting to the 

City of all gross revenues at the same time it makes the quarterly payment The City reserves 

the right to inspect the financial statements and records of the Lessee at any reasonable time and 

may require accounting to be performed in accordance with City audit standards 

b Additional Consideration As additional consideration for this Lease Lessee 

agrees to provide Golf management services operate a Restaurant and provide golf cart services 

to customers of the Golf Club The City and Lessee contemporaneously with the execution of 

this Lease have entered into the Golf Management Agreement in which the Lessee agrees to 

perform the services of the Golf Professional for the Golf Club A breach of the Golf 

Management Agreement shall be deemed a breach of this Lease In addition the failure to 

operate the Restaurant or failure to provide golf cart services to the customers of the Golf Club 

as provided in this Lease shall be deemed a breach of this Lease The faithful performance of the 

terms of said agreement and the operation of a Restaurant and provision of golf cart services are 

part of the consideration for entering into this Lease 

2 

Gold Mountain Lease

c Overdue Rent Unpaid installments of the Monthly Rent or other sums due 

hereunder shall if not timely paid be subject to a later charge of Fifty and No 100 Dollars 

50 00 to cover the excess costs of administration and shall bear interest from the date due of 

12 percent 12 until all rent and interest has been paid in full Lessee hereby further agrees to 

pay any attorneys fees and expenses incurred by City by reason of Lessee 

failure to pay 

Monthly Rent or other charges when due hereunder 

d Holding Over If Lessee remains in possession of the Premises or any part 

thereof after the expiration of the term of this Lease without the express written consent ofCity 

such occupancy shall be a tenancy from monthtomonth at a rental in the amount of 120 of the 

last Monthly Rent plus all other charges and Additional Rent payable hereunder and upon all 

the terms hereof applicable to a monthtomonth tenancy 

e Receipting and Depositing All revenue collected from transactions generated 

from the Driving Range and Pro Shop must be processed through the Point of Sale System and 

deposited as provided in Section 10 of the Golf Management Agreement 

f Credit Card Costs and Fees Lessee shall be responsible for all credit card costs 

and related fees incurred for Lessee 

business pursuant to this Lease 

4 LEASEHOLD EXCISE TAX OTHER TAXES AND ASSESSMENTS In addition to 

the Lease Payment Lessee shall pay a leasehold excise tax pursuant to RCW 82 29A 030 on all 

Lease Payment amounts paid to the City currently in the amount of 12 84 percent of the base 

Lease Payment and as may be adjusted pursuant to Ch 82 29A RCW Lessee shall pay the 

Leasehold tax with the applicable rent payment Lessee shall also pay all taxes assessments and 

all other governmental charges of any kind whatsoever applicable or attributable to the 

Premises Lessee 

leasehold interest the improvements or Lessee 

use and enjoyment of the 

Premises Lessee shall pay these taxes and assessments when due or as otherwise requested by 

the City 

5 USE OF PREMISES 

Pro Shop The Golf Pro Shop may be used for all activities normally related to 

a 

the retail activities of a golf course including but not limited to retail sales of golf related 

merchandise equipment rental and golf related professional services The Lessee shall maintain 

an adequate stock of golf related merchandise to serve the playing public The Lessee shall have 

the exclusive right to salvage golf balls from all water hazards at Gold Mountain 

b Driving Range The Driving Range may be used for all activities normally 

related to operating a Driving Range including but not limited to providing lessons and rental 

of balls and equipment The Lessee has the exclusive right to rent practice balls on the Driving 

Range The Lessee shall provide and maintain ball dispensing machines ball retrieval and 

washing equipment The Lessee shall be responsible for retrieving 

the balls Lessee shall 

maintain the counterkiosk area at the Driving Range The City shall be responsible for grass 

related maintenance of the Driving Range 

c 

Cart Pad The Lessee shall have the right to use the Cart Pad for the storage 

3 

Gold Mountain Lease

maintenance and operation of his pnvate golf cart rental business 

Golf Carts Lessee will provide all necessary golf cart services to the customers 

d 

of the Golf Club from Lessees golf cart business 

e Restaurant Lessee will operate a Restaurant and provide all necessary related 

services including cart food and beverage services on the golf courses to the customers of the 

Golf Club collectively Restaurant In providing the general services descnbed above Lessee 

shall provide not less than the following specific services 

z 

1 The Lessee will be responsible and assume all costs and expenses for the 

operation management and supervision of all food and beverage service operations on the 

Premises as proposed by Lessee and approved by City including but not limited to restaurant 

vending machines and providing catering for special events at the Golf Club Lessee shall be 

responsible for the furnishing of adequate stock of food and beverage supplies at its cost and 

expense 

2 The Lessee shall be responsible for hiring training and managing 

sufficient employees to adequately staff the restaurant and lounge Lessee shall provide high 

caliber quality staff properly certified and permitted to provide food and alcohol service as 

required by state law 

3 The Lessee shall apply and prepare the application and shall assume 

responsibility for all costs and expenses of the application for an applicable liquor license The 

Lessee shall abide by state requirements regarding use of alcohol at the Golf Club The City 

shall execute any reasonable appropnate documents as owner of the Golf Club that may be 

required in conjunction with such application 

4 The Lessee shall be responsible for obtaining all necessary licenses and 

permits for the operation of a restaurant and lounge 

5 Lessee shall provide adequate notice and signage at all points of entry to 

the restaurant as well as the front entrance to the Clubhouse designating that the restaurant is 

open or closed for business 

f City s Use of Clubhouse By mutual agreement of the Director of Parks and 

Recreation or his or her designee and Lessee portions of the Clubhouse including the Cascade 

room and the Olympic room and related facilities may be used by City for use on a non 

interference basis with no room charges assessed when conducting City s business Room setup 

is the responsibility of the City 

g Compliance with Laws Lessee shall not use the Premises or any part thereof for 

any illegal purpose Lessee shall not engage in any activity with respect to or on the Premises 

other than the express uses and purposed stipulated therein without obtaining pnor written 

consent from the City which consent can be withheld for any reason Lessee agrees to conform 

to municipal county and state codes statutes ordinances and regulations concerning the use 

and occupation of the Premises 

6 UTILITIES The City agrees to provide and pay all charges for electncity water sewer 

gaspropane garbage telephone and for all other public utilities used in the Premises The City 

shall not be responsible for failure of provision of these services unless said failure is due to 

4 

Gold Mountain Lease

for services Each party shall pay Internet and web page costs and expenses related 

to their duties and responsibilities under this Agreement unless otherwise agreed 

nonpayment 

7 ALTERATIONS AND ADDITIONS Lessee shall not make or allow to be made any 

alterations Improvements or changes to or of the Premises or any party thereof without the prior 

written consent of City and all improvements alterations or changes so made shall become a 

part ofthe lease Premises and shall belong to City upon expiration or sooner termination ofthis 

Lease With respect to such alterations Improvements or changes to the Premises requested by 

Lessee City s consent shall not be unreasonably withheld In the event City consents to the 

making of any alterations additions or Improvements to the Premises by Lessee the same shall 

be made by Lessee at Lessee 

sole cost and expense the Premises and Lessee 

leasehold 

Interest therein shall remain free from any lien of any kind whatsoever and construction of such 

alterations additions or Improvements shall be done in compliance with all laws and 

governmental requirements 

8 MAINTENANCE AND REPAIRS 

a 

Clubhouse Maintenance 

1 Lessee shall maintain the facilities in a clean neat and hygienic condition 

Lessee shall provide basic janitorial services Including supplies necessary to provide adequate 

janitorial services These services shall Include but not be limited to 

i 

Cleaning all carpets annually 

u Vacuuming floors at least daily during peak season 

III Cleaning restrooms and all common areas at least daily 

Iv Providing periodic spot checks of restrooms to replenish supplies 

and paper products and attend to problems as needed and 

V Clean windows and clean patios sidewalks and other common 

areas as needed 

2 The Lessee shall maintain the Clubhouse and exterior patios Including 

garbage containers around Clubhouse buildings and entryways in a clean well kept orderly 

manner to the satisfaction of the City Lessee shall conduct minor maintenance and repairs to 

Interior facilities and fixtures Including lights plumbing and locks associated with Lessee 

area of responsibility 

3 Lessee shall be responsible for the costs of supplies for operations at its 

cost and expense 

b Furniture Fixtures and Equipment 

1 By taking possession of the Premises Lessee shall be deemed to have 

accepted the Premises as being clean and in good order condition and repair Lessee will at all 

times keep the Premises neat clean and in a sanitary condition Lessee shall at Lessee 

expense keep the Premises and every part thereof in good condition and repair except as 

hereinafter provided with respect to City s obligations set forth below Damage caused by 

Lessee 

use of the Premises shall be repaired at the sole cost and expense of Lessee Lessee shall 

be responsible for repair of any damage resulting from the negligence of Lessee 

2 The Lessee shall provide maintenance and repair services for all furniture 

fixtures and equipment FFE including kitchen appliances and fixtures restaurant furniture 

all FFE within the restaurant Lessee owned tools and equipment all Lessee leased equipment 

5 

Gold Mountain Lease

and City owned FFE listed in Exhibit C provided however if the repair cost for City owned 

FFE listed in Exhibit C is anticipated to exceed1000 00 Lessee shall notify City and Lessee 

and City shall discuss whether the item needing repair should be replaced rather than repaired 

based on the remaining useful life of the item Replacement of City owned equipment shall be in 

the sole discretion of the City and the City shall arrange for equipment replacement in 

accordance with available funding 

3 Lessee shall upon the expiration or sooner termination of this Lease 

surrender the Premises to City in good condition clean excepting only ordinary wear and tear 

and destruction or damage by such conditions over which Lessee has no control or such damage 

as may be due to the failure of City to comply with any covenant herein contained to be 

performed by City 

c Building Structure City shall at City s expense repair and maintain the 

structural portions of the Building except those specifically allocated to Lessee at Sections 8a 

and 8b above including the roof foundation bearing and exterior beams and supports 

flooring and subflooring plumbing HVAC windows doors pipes electrical wiring and 

conduits within and serving the premises There shall be no abatement of Rent and no liability of 

City by reason of any injury to or interference with Lessee 

business arising from the making of 

any repairs alterations or improvements in or to any portion of the Building or the Premises or 

in or to fixtures appurtenances and equipment if City shall have taken every reasonable measure 

to avoid any such injury and interference City shall provide landscaping services for the Driving 

Range field City shall not be required to redecorate the Premises at any time 

9 

LIENS Lessee shall keep the Premises Lessee 

leasehold interest therein and the 

Building and Land on which the Premises are situated free from any liens arising out of any 

work performed materials furnished or obligations incurred by Lessee 

10 

INDEMNIFICATION Lessee shall indemnify defend and hold City harmless from all 

loss damage liability or expense resulting from any injury to any person or any loss of or 

damage to any property caused by or resulting from any act or omission of Lessee or any officer 

agent employee guest invitee or visitor of Lessee in or about the Premises or the Building but 

the foregoing provision shall not be construed to make Lessee responsible for injuries to third 

parties caused by the negligence of City or any officer agent employee guest invitee or visitor 

of City City shall not be liable for any loss or damage to person or property sustained by 

Lessee or other persons which may be caused by theft or any act of neglect of any Lessee or 

occupant of the building or of any other person or by any other cause unless caused by the sole 

negligence of City or its officers licensees agents employees guests invitees or visitors 

11 LIABILITY INSURANCE HAZARD INSURANCE 

a Liability Insurance Lessee at its own expense shall provide and keep in force 

with companies acceptable to City comprehensive general liability insurance in the amount of 

not less than One Million Dollars1000 

00 per occurrence for bodily injury and property 

damage Lessee shall furnish City with a certificate of such policy within thirty 30 days of the 

Commencement Date of this Lease and whenever required shall satisfy City that such policy is in 

full force and effect Such policy shall name City as an additional insured and shall be primary 

and noncontributing with any insurance carried by City The policy shall further provide that it 

6 

Gold Mountain Lease

shall not be canceled or altered without twenty 20 days prior written notice to City Lessee 

further agrees to procure at no expense to the City industrial insurance for all employees of 

Lessee 

b Hazard Insurance Throughout the term of this Lease City shall procure and 

maintain tire hazard and extended coverage insurance on the Premises Should the property 

become uninhabitable due to loss or become uninhabitable for any other reason the City shall 

have the option of terminating this lease 

12 DAMAGE OR DESTRUCTION In the event the Premises other than the Clubhouse 

are damaged to such an extent as to render the same unusable in whole or in substantial part or 

are destroyed Lessee shall give City or City s agent immediate written notice thereof and it 

shall be optional with City to repair or rebuild the same City shall have not more than ninety 

90 days after date of such notification to notify Lessee in writing ofCity s intention to repair or 

rebuild the Premises or the part so damaged and if City elects to repair or rebuild Premises City 

shall prosecute the work of such repairing or rebuilding without unnecessary delay and during 

such period the rent of the Premises shall be abated in the same ratio that that portion of the 

Premises rendered for the time being unfit for occupancy shall bear to the whole of the Premises 

If City shall fail to give the notice aforesaid Lessee shall have the right to declare this Lease 

terminated by written notice served upon City or City s agent In the event that there is not 

sufficient insurance to pay for the repair or rebuilding of any damaged structure then the City in 

its sole discretion may terminate this Lease Provided however prior to terminating the Lease 

for this reason the City shall discuss with the Lessee other ways to provide for the funding 

shortfall but such will not prohibit the City from terminating the lease 

In the event the Clubhouse is damaged even though the Premises shall not be damaged 

thereby to such an extent that in the reasonable opinion of City it shall not be practicable to 

repair or rebuild or its destroyed then it shall be optional with City to terminate this Lease by 

written notice served on Lessee within thirty 30 days after such damage or destruction 


PERSONAL PROPERTY Where furnished by or at the expense of Lessee all 

movable property furniture furnishings and trade fixtures other than those affixed to the 

Premises so that they cannot be removed without material damage shall remain the property of 

and be removable by Lessee and in case of damage by reason of such removal Lessee shall 

restore the Premises Building or common areas to good order and condition Lessee shall pay or 

cause to be paid before delinquency any and all taxes levied or assessed and which become 

payable during the term hereof upon all Lessee 

improvements equipment furniture fixtures 

and other personal property located in the Premises 

14 

ENTRY BY CITY At any and all reasonable times during regular business hours upon 

one 1 day s prior notice to Lessee City reserves and shall have the right to enter the Premises to 

inspect the same a reasonable number of times to submit the Premises to prospective purchasers 

or Lessees to repair the Premises and any portion of the Building that City may deem necessary 

or desirable without abatement of Rent and may for the purpose erect scaffolding and other 

necessary structures where reasonably required by the character of the work to be performed 

always providing that the entrance to the Premises shall not be blocked thereby and further 

providing that the business of Lessee shall not be interfered with unreasonably Lessee hereby 

waives any claim for damages or for any injury or inconvenience to or interference with Lessee 

7 

Gold Mountain Lease

usiness or any loss of occupancy or quiet enjoyment of the Premises and any other loss 

occasioned thereby if City shall have taken every reasonable measure to avoid any such injury 

inconvenience or interference City shall have the right to use any and all means which City may 

deem proper to open any doors or otherwise obtain access to the Premises in an emergency 

without liability to Lessee except for any failure to exercise due care for Lessee 

property and 

any entry to the Premises obtained by City by any of said means or otherwise shall not under any 

circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the 

Premises or an eviction of Lessee from the Premises or any portion thereof 

15 ASSIGNMENT AND SUBLETTING Lessee shall not either voluntarily or by 

operation of law assign transfer mortgage pledge hypothecate or encumber this Lease or any 

interest therein and shall not sublet the Premises or any part thereof or any right or privilege 

appurLessee thereto or allow any person the employees agents servants and invitees of Lessee 

excepted to occupy or use the Premises or any portion thereof without the prior written consent 

of City which consent by City shall not be unreasonably withheld Any such assignment or 

subletting without compliance with the terms of this paragraph shall be void and shall at the 

option of City constitute a default under the terms of this Lease If Lessee is a corporation any 

transfer of this Lease from Lessee by merger consolidation or liquidation or any change in the 

ownership or power to vote in the majority of the outstanding voting stock of Lessee shall 

constitute an assignment for purposes of this paragraph Consent to one assignment subletting 

occupation or use by any other person shall not be deemed to be a consent to any subsequent 

assignment subletting occupation or use by another person Consent to any such assignment or 

subletting shall in no way relieve Lessee of any liability under this Lease City may assign the 

Rent herein provided to any person partnership corporation or bank and Lessee agrees when 

notified in writing by the assignee of such assignment to make the Rent payments to assignee 

under the terms of said assignment 

16 LESSEE 

DEFAULT In case of violation of this Lease by Lessee the City shall 

notify Lessee in writing of such violation The Lessee shall cure any default that imposes an 

immediate threat to the public health safety or welfare within 24 hours Any default in the 

payment of monies due under any provision of this Lease shall be cured within 10 days All 

other violations shall be cured within thirty 30 days following the delivery of said notice 

provided however that if the nature of Lessee 

default is such that more than thirty 30 days 

are reasonably required for such cure then Lessee shall not be deemed to be in default if Lessee 

commences such cure within said thirty 30 days and thereafter diligently prosecutes such cure 

to completion In the event of the failure of the Lessee to remedy any default or violation of the 

covenants agreements or conditions herein contained within the period of time specified in the 

notice this Lease and all rights of Lessee hereunder shall be terminated and the City shall have 

the right to enter upon the Premises and retake possession thereof Continued violations for 

same or similar reasons may be grounds for immediate termination if a subsequent violation 

occurs after the City gives notice that it intends to terminate upon the further occurrence of 

similar violations 

17 REMEDIES ON DEFAULT 

a Termination and Reentry This Lease can be terminated for good cause Good 

cause shall mean any of the following 

8 

Gold Mountain Lease

1 failure to timely cure a default of this Lease after notice as provided in 

Section 16 above 

2 termination or expiration of the Golf Management Agreement 

3 

failure to operate a restaurant or provide golf cart services as provided in 

this Lease 

4 

lack of sufficient insurance proceeds to rebuild or repair the facility after 

damage or destruction 

5 insolvency of the Lessee or the appointment of a receiver to administer 

its financial affairs or 

6 any reason specified elsewhere to this Lease or the attachments hereto 

that is designated as grounds for termination 

Upon the termination of the Lease the Lessee shall vacate the Premises and the City 

may immediately reenter and take possession of the Premises without the necessity of a court 

order to do so 

b Costs of Recovery Lessee agrees to pay City the cost of recovering possession 

of the Premises the expense of reletting and any other costs or damages ansing out of Lessee 

default including without limitation the costs of removing persons and property from the 

Premises the costs of repairing or altering the Premises for reletting brokers commissions and 

legal expenses and fees Notwithstanding any termination reentry or reletting the liability of 

Lessee for the Rent and Additional Rent for the balance of the tern of this Lease shall not be 

extinguished and Lessee shall pay and City may recover from Lessee at the time of termination 

reentry or reletting the excess if any of the amount of the Rent reserved in this Lease for the 

balance of the term hereof over the then reasonable rental value of the Premises for the same 

period Reasonable rental value shall mean the amount of rental which City does or could 

reasonably be expected to obtain as rent for the remaining balance of the Lease term 

c Removal of Personal Property In the event of a retaking of possession of the 

Premises by City Lessee shall remove all personal property located thereon and upon failure to 

do so upon demand of City City may remove and store the same in any place selected by City 

including but not limited to a public warehouse at the expense and risk of Lessee If Lessee 

shall fail to pay the cost of storing any such property after it has been stored for a period of thirty 

30 days or more City may sell any or all of such property at a public or private sale and shall 

apply the proceeds of such sale first to the cost of such sale secondly to the payment of the 

charges for storage if any and thirdly to the payment of any other sums of money which may be 

due from Lessee to City under the terms of this Lease and the balance if any to Lessee Lessee 

hereby waives all claims for damages that may be caused by City s lawfully reentering and 

taking possession of the Premises or lawfully removing and storing the property of Lessee as 

herein provided and will save City harmless from loss or damages occasioned by City thereby 

whether such lawful reentry shall be considered or construed to be a forcible entry 

d 

Remedies Cumulative The remedies hereinafter described shall be cumulative 

and City shall be entitled to pursue any other remedy now or hereafter available to City under the 

law orjudicial decisions of the State of Washington 

18 

EMINENT DOMAIN If the whole of the Premises or the whole or part of the 

Building or improvements shall be acquired or condemned by eminent domain for any public or 

9 

Gold Mountain Leave

quasi public use or if a part of the Premises is so taken so that the Premises are rendered 

unsuitable for the business of Lessee then the term of this Lease shall terminate as of the date 

title or possession shall be transferred in such proceeding whichever shall occur first In the 

event of a partial taking or condemnation which is not extensive enough to render the Premises 

unsuitable for the business of Lessee then City shall restore the Premises to a condition 

comparable to its condition immediately prior to such taking less the portion lost in the taking 

and this Lease shall continue in full force and effect provided however that the monthly Lease 

Payment shall abate in the same ratio that the portion of the Premises so taken bears to the whole 

of the Premises City shall have the right to receive the compensation of damages awarded upon 

either such total or partial taking and Lessee shall have no claim thereto provided that Lessee 

may independently pursue an award or compensation to Lessee for the taking of Lessee 

personal property or fixtures or for the interruption of or damage to Lessee 

business and for any 

other interest of Lessee 

19 HAZARDOUS SUBSTANCES Lessee shall not generate release spill store deposit 

transport or dispose of collectively Release any hazardous substances sewage petroleum 

products hydrocarbons radioactive substances medicinal bacteriological or disease producing 

substances hazardous materials toxic substances or any pollutants or substances defined as 

hazardous or toxic in accordance with applicable federal state and local laws and regulations 

Hazardous Substances in on or about the Premises Lessee shall indemnify defend and hold 

City harmless from any and all claims liabilities losses damages cleanup costs response costs 

and expenses including reasonable attorneys fees ansing out of or in any way related to the 

Release by Lessee or any of its agents representatives or employees or the presence of such 

Hazardous Substances in on or about the Premises occurring at any time after the 

Commencement Date and arising out of the activities of Lessee or any of its agents 

representatives or employees The provisions of this paragraph shall survive termination or 

expiration of this Lease 

20 GENERAL PROVISIONS City and Lessee agree to the following general provisions 

a Costs and Attorney Fees If by reason of any default or breach on the part of 

either party in the performance of any of the provisions of this Lease a legal action is instituted 

the losing party agrees to pay all reasonable costs and attorney fees in connection therewith It is 

agreed that the venue of any legal action brought under the terns of shall be in Kitsap County 

b Insolvency In the event that the Lessee shall become insolvent or go into 

bankruptcy this Lease may be canceled at the option of the City without notice and the City 

may take immediate possession of the Premises and the whole thereof and the same shall not 

become an asset in bankruptcy 

c Nondiscrimination Lessee shall not discriminate in employment or services to 

the public on the basis of sex race color creed national origin age marital status physical 

mental or sensory handicap except an employment action based o a bona fide occupational 

qualification 

d Waiver Failure to insist upon strict compliance with any terms covenants or 

conditions of this agreement shall not be deemed a waiver of such nor shall any waiver or 

relinquishment of such right or power at any time be taken to be a waiver of any other breach 

10 

Gold Mountain Lease

e Binding Effect This Lease shall be binding upon the heirs successors assigns 

and all other parties legally empowered with signatory rights of any or all of the parties hereto 

f Paragraph Headings The paragraph or section headings of this Lease are not a 

part of this Lease and shall have no effect upon the construction or interpretation of any part 

hereof 

g Severability Any provisions of this Lease which shall prove to be invalid void 

or illegal shall in no way affect impair or invalidate any other provision hereof and such other 

provision shall remain in full force and effect 

h Previous Agreements Superseded The terms and conditions of this Lease 

supersede the terms obligations and conditions of any existing or prior agreement between the 

parties regarding the subject matter of this Lease This lease replaces in its entirety any prior 

agreements including the prior Food and Beverage Agreement prior leases and any amendments 

and extensions thereto 

i Entire Agreement This Lease including the exhibits and statutes referenced 

herein contain the entire agreement between the Parties and are the embodiment of all written or 

oral representations between the parties hereto 

a Amendments This Lease may be amended at any time only by written 

agreement signed by the parties 

k Time Time is of the essence of this Lease and each and all of its provisions in 

which performance is a factor 

1 Recordation Neither City nor Lessee shall record this Lease but a short form 

memorandum hereof may be recorded at the request of City 

m Quiet Possession Upon Lessee paying the Rent reserved hereunder and 

performing all of the covenants conditions and provisions on Lessee 

part to be observed and 

performed hereunder Lessee shall have quiet possession of the Premises for the entire term 

hereof subject to all the provisions of this Lease The Premises are leased subject to any and all 

existing encumbrances conditions rights covenants easements restrictions rightsofway and 

any matters of record applicable zoning and building laws and such matters as may be disclosed 

by inspection or survey 

Execution This Lease may be executed in several counterparts each of which 

n 

shall be deemed an original instrument 

o Notices All notices to be given hereunder shall be in writing and shall be 

personally delivered and receipt acknowledged sent by United States certified mail return 

receipt requested sent by facsimile with original delivered within three 3 days or sent by 

overnight delivery through public or private service delivery charge prepaid and addressed to 

the party at the respective mailing address as herein set forth 

11 

Gold Mountain Lease

To City 

To Lessee 

Director of Parks and Recreation 


3456 1h Street Suite 60 


Scott Alexander 

Scott Alexander s Golf Shop Inc 

P O Box 197 


It is understood that each party may change the address to which notice may be sent by giving a 

written notice of such change to the other party hereto in the manner herein provided 

p Lessee 

Corporate Authority Lessee is a Washington corporation and each 

individual executing this Lease on behalf of said corporation represents and warrants that he or 

she is duly authorized to execute and deliver this Lease on behalf of said corporation in 

accordance with a duly adopted resolution of the board of directors of said corporation or in 

accordance with the bylaws of said corporation and that this Lease is binding upon said 

corporation 

in accordance with its terms 

Lessee further represents and warrants that it is fully 

registered and qualified to do business in the State of Washington 

IN WITNESS WHEREOF the parties hereto have executed this Lease the day and year 

first above written 


SCOTT ALEXANDER S GOLF SHOP INC 


By SCOTT ALEXANDER 

Its 

DATE 

DATE 

ATTEST 


By DARYL MATHENY 

Its 

DATE 



R LegalLegaVFiks Cumnt ALUVLFil Gold Mountain Lease Agreelmnt 

Final da 

12 

Gold Mountain Lease

i 

STATE OF WASHINGTON 

COUNTY OF KITSAP 

ss 

I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared 

before me and said person acknowledged that heshe signed this instrument on oath stated that 

he was authorized to execute the instrument and acknowledged it as the Mayor of the City of 

Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in 

the instrument 

DATED 

NOTARY PUBLIC in and for the State of 

Washington residing at 

My commission expires 



ss 

I certify that I know or have satisfactory evidence that Scott Alexander is the person 

who appeared before me and said person acknowledged that heshe signed this instrument on 

oath stated that heshe was authorized to execute the instrument and acknowledged it as the 

of Scott Alexander s Golf Shop Inc to be the free and voluntary act of such Corporation for the 

uses and purposes mentioned in the instrument 

DATED 



ss 




I certify that I know or have satisfactory evidence that Daryl Matheny is the person who 

appeared before me and said person acknowledged that heshe signed this instrument on oath 

stated that heshe was authorized to execute the instrument and acknowledged it as the 

of Scott Alexander s Golf Shop Inc to be the free and voluntary act of such Corporation for the 

uses and purposes mentioned in the instrument 

DATED 




I 


Gold Mountain Lease

EXHIBIT A 

a 

a 

f f VIEW DECK 

Bar 8 

PAVIUON 

TERRACE 

O 

CLUBHOUS 

pitc 

CART STAGING 

s 

IT FIR 

IT FI

Gold Mountain 

r 

y 

t 4 

ey 

i334 tFt 1 

NZI 

v 

i 

t 

zag 5 

SNACK 

SHACK 

k 

DRIVING 

RANGE 

d 

TO 

o 3 

f 

513 

r 

Y 

OA 

IRw 

s 

9s F 

f

EXHIBIT C 

City Owned Furniture Fixtures and Equipment FFE 

Under Development

DATE SUBMITTED March 2 2011 

AGENDA BILL 


CITY COUNCIL 

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeeeeeeeeeeeeeeeeeeeee 

SUBJECT Agreement with Will Robinson Committee Meeting Date March 23 2011 

For Lions Park Whale Play Sculptures COUNCIL MEETING Date April 6 2011 

Department Parks 

Presenter Wyn Birkenthal 

Phone 4735752 

SUMMARY 

The Lions Park master plan includes a play area incorporating plants rocks landfonms and sculptures 

reminiscent of the Parks surrounding natural environment The attached agreement will provide Orca 

Whale play sculptures to serve as a central feature of the nature based playground area The 

Bremerton Central Lions Club s donation of50 000 supports the funding of the sculptures and the 

other nature based play elements at Lions Park 

ATTACHMENTS 

Agreement 

Vendor Price Quotes 

Playground Layout 


45 615 

APPROVALS 


CITY ATTORNEY 


MAYOR 

COMMITTEE CHAIR y yl or 






I move to approve the goods and services agreement with Will Robinson to create play sculptures for 

Lions Park and authorize the mayor to finalize and execute the agreement with substantially the same 

terms and conditions 

COUNCIL ACTION 

Approve Deny Table Continue No Acton

GOODS AND SERVICES AGREEMENT 

THIS AGREEMENT is entered into between the City of Bremerton a Washington Municipal Corporation 

Robinson Vendor whose mailing address is 3050 W State Highway 16 Bremerton WA 98312 

City and Will 

The parties agree as follows 

1 VENDOR SERVICES The Vendor shall provide the following goods and materials and or perform the following services for the 

City Fabrication and installation of 4 Orca playground sculptures for Lions Park 

See Exhibit A 

2 TIME OF COMPLETION Vendor shall complete the work and provide all goods materials and services within 90 calendar 

days from the date all parties have signed this Agreement 

3 COMPENSATION The City shall pay the Vendor the total amount not to exceed45 615 including applicable Washington 

State Sales Tax for the goods materials and services contemplated in this Agreement The City shall pay the Vendor the following amounts 

according to the following schedule 

within 30 days of receipt of invoice 

UP deposit 13 after sculpture is complete Final UP upon completion ofwork The City shall pay 

A Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor for any defective or 

unauthorized goods materials or services 

If Vendor is unable for any reason to complete any part ofthis Agreement 

the City may obtain the goods materials or services by Agreement or otherwise and Vendor shall be liable to the City 

for any additional costs incurred by the City Additional costs shall mean all reasonable costs including legal costs and 

attorney fees incurred by the City beyond the maximum Agreement price specified above The City further reserves its 

right to deduct the cost to complete this Agreement including any Additional Costs from any and all amounts due or to 

become due the Vendor 

4 

INDEPENDENT CONTRACTOR Contractor is and shall be at all times acting as an independent contractor and not as an 

employee of the City 

The Contractor shall secure at its expense and shall be responsible for all payments of income tax social security 

state disability insurance compensation unemployment compensation and all other payroll deductions for the Contractor officer agents 

employees and sub contractors 

The Contractor shall also secure all applicable business licenses ifrequired in connection with the contract 

services including all required licenses for Contractor s officers agents employees and sub contractors 

5 

TERMINATION The City may terminate this Agreement for good cause Good cause shall include without limitation any 

one or more of the following events 

A 

B 

C 

D 

E 

The Vendor s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for 

completion of this Agreement 

The Vendor s failure to complete this Agreement within the time specified in this Agreement 

The Vendor s failure to make full and prompt payment to subcontractors or for material or labor 

The Vendor s failure to complete with federal state or local laws rules or regulations 

The Vendor s filing for bankruptcy or becoming adjudged bankrupt 

Ifthe City terminates this Agreement for good cause the Vendor shall not receive any further monies due under this Agreement

I 

until the goods materials and services required by this Agreement are completed and fully performed 

6 CHANGES The City may issue a written change order for any change in the goods materials or services to be provided during 

the performance of this Agreement 

If the Vendor determines for any reason that a change order is necessary Vendor must submit a 

written change order request to an authorized agent ofthe City within fourteen 14 calendar days ofthe date Vendor knew or should have 

known ofthe facts and events giving rise to the requested change 

costs or time for performance the City will make an equitable adjustment 

Vendor on all equitable adjustments 

deems appropriate 

Ifthe City determines that the change increases or decreases the Vendor s 

The City will attempt in good faith to reach agreement with the 

However if the parties are unable to agree the City will determine the equitable adjustment as it 

The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an 

oral order from the City before actually receiving the written change order 

If the Vendor fails to require a change order within the time 

allowed the Vendor waives its right to make any claim or submit subsequent change order requests for that portion ofthe contract work If 

the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work however the Vendor may elect to 

protest the adjustment as provided below 

A Procedure and Protest by the Vendor Ifthe Vendor disagrees with anything required by a change order another written 

order or an oral order from the City including any direction instruction interpretation or determination by the City the 

Vendor shall 

1 Immediately give a signed written notice of protest to the City 

2 Supplement the written protest within fourteen 14 calendar days with a written statement that provides the 

following information 

a 

The date of the Vendor s protest 

b 

c 

d 

e 

The nature and circumstances that caused the protest 

The provisions in this Agreement that support the protest 

The estimated dollar cost if any of the protested work and how that estimate was determined 

An analysis of the progress schedule showing the schedule change or disruption if the Vendor is 

asserting a schedule change or disruption 

3 The Vendor shall keep complete records of extra costs and time incurred as a result ofthe protested work The 

City shall have access to any of the Vendor s records needed for evaluating the protest 

The City will evaluate all protests provided the procedures in this section are followed 

protest is valid the City will adjust payment for work or time by an equitable adjustment 

for an invalid protest 

If the City determines that a 

No adjustment will be made 

B 

Vendor s Duty to Complete Protested Work 

goods materials and services required by the City under this Agreement 

In spite of any protest the Vendor shall proceed promptly to provide the 

C 

Vendor s Acceptance of Changes The Vendor accepts all requirements of a change order by 1 endorsing it 2 

writing a separate acceptance or 3 not protesting in the way this section provides 

A change order that is accepted by 

Vendor as provided in this section shall constitute full payment and final settlement ofall claims for contract time and for 

direct indirect and consequential costs including costs of delays related to any work either covered or affected by the 

change 

D 

Failure to Protest Constitutes Waiver By not protesting as this section provides the Vendor also waives any additional 

entitlement and accepts from the City any written or oral order including directions instructions interpretations and

determination 

E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section the Vendor 

completely waives any claims for protested work and accepts from the City any written or oral order including 

directions instructions interpretations and determination 

7 CLAIMS The Vendor shall give wntten notice to the City of all claims other than change orders within fourteen 14 calendar 

days of the occurrence of the events giving rise to the claims 

Any claim for damages additional payment for any reason or extension of 

time whether under this Agreement or otherwise shall be conclusively deemed to have been waived by the Vendor unless a timely written 

claim is made in strict accordance with the applicable provisions of this Agreement or if and only if no such provision is applicable 

unless that claim is set forth in detail in writing and received by the City within seven 7 calendar days from the date Vendor knew or 

should have known of the facts giving rise to the claim 

regarding protests in Section7A2ae 

At a minimum a Vendor s written claim must include the information set forth 

FAILURE TO PROVIDE A COMPLETE WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL 

BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT 

CLAIM OR CAUSED BY THAT DELAY 

Vendor must in any event file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days 

from the date the contract work is complete 

8 WARRANTY The Vendor shall correct all defects in workmanship and materials within one year from the date of the City s 

acceptance of the Contract work 

When defects are corrected the warranty for that portion ofthe work shall extend for one year from the 

date such correction is completed and accepted by the City The Vendor shall begin to correct any defects within seven 7 calendar days of 

its receipt of notice from the City of the defect 

If the Vendor does not accomplish the corrections within a reasonable tune the City may 

complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction 

9 INDEMNIFICATION Vendor shall defend indemnify and hold the City its officer officials employees agents and volunteers 

harmless from any and all claims injuries damages losses or suits including all legal costs and attorney fees arising out of or in 

connection with the performance of this Agreement 

the City s sole negligence 

Vendor s obligation to indemnify shall not extend to that portion ofdamages caused by 

The City s inspection or acceptance ofany ofVendor s work when completed shall not be grounds to avoid any ofthese covenants 

of indemnification 

Should a court ofcompetentjurisdiction determine that this Agreement is subject to RCW 4 24 115 then in the event ofliability 

for damages ansing out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the 

Vendor and the City its officers officials employees agents and volunteers the Vendor s liability hereunder shall be only to the extent of 

the Vendor s negligence 

IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES 

THE CONSULTANT 

WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 

RCW SOLELY FOR THE 

PURPOSES OF THIS INDEMNIFICATION 

THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED

THIS WAIVER 

The provisions of this section shall survive the expiration or termination of this Agreement 

10 INSURANCE The Vendor shall procure and maintain for the duration ofthis Agreement insurance against clauns for injuries to 

persons or damage to property that may arise from or in connection with the performance ofthe Contract work by the Vendor its agents 

representatives employees or subcontractors 

Before beginning work on the project described in this Agreement the Vendor shall provide a Certificate ofInsurance evidencing 

1 Automobile Liability insurance with limits no less than1000 

combined single limit per accident for bodily injury 

and property damage and 

2 Commercial General Liability insurance written on an occurrence bans with limits no less than1000 

combined 

single limit per occurrence and2000 

aggregate for personal injury bodily injury and property damage Coverage 

shall include but not be lunited to blanket contractual productscompleted operations broad form property damage and 

employer s liability 

Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor 

All required policies shall be provided on an occurrence basis except professional liability insurance ifrequired which shall be 

provided on a claimsmade bans 

The City shall be named as an additional insured on the Commercial General Liability insurance policy as respects work 

performed by or on behalfofthe Vendor and a copy ofthe endorsement nammg the City as additional insured shall be attached to 

the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies 

The Vendor s Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each 

insured against whom claim is made or suit is brought except with respects to the limits of the insurer 

liability 

The Vendor s insurance shall be primary insurance as respects the City and the City shall be given thuty 30 days prior written 

notice by certified mail return receipt requested of any cancellation suspension or material change in coverage 

The City also reserves its unqualified right to require at any time and for any reason proof of coverage in the form of a duplicate 

of the insurance policy with all endorsements as evidence of coverage 

11 MISCELLANEOUS 

A 

Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to 

fulfill Vendor s obligations under this contract 

BO taxes shall be paid when due and Vendor by this agreement 

assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared 

delinquent 

B 

Conflict and Precedence In the event of a conflict between the contract documents the document which rates higher on 

the following list shall take precedence 

1 Addenda if any 

2 Contract

i 

3 Specifications 

4 Terms and Conditions 

5 Contractor s proposal 

C Documents Incorporated by Reference The following documents are incorporated by reference to include but not be 

limited to 

1 Terns and Conditions 

2 Specifications 

3 Proposal and 

4 Non Collusion Affidavit 

D Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor its 

subcontractors or any person acting on behalf of Vendor shall not by reason of race religion color sex sexual 

orientation national origin or the presence ofany sensory mental or physical disability discriminate against any person 

who is qualified and available to perform the work to which the employment relates 

E Compliance with Laws Vendor shall comply with all federal state and local laws rules and regulations throughout 

every aspect in the performance of this Agreement 

F 

Work Performed at Vendor s Risk 

Vendor shall take all precautions necessary and shall be responsible for the safety of 

its employees agents and subcontractors in the performance ofthis Agreement All work shall be done at Vendor s own 

risk and Vendor shall be responsible for any loss of or damage to materials tools or other articles used or held for use in 

connection with the work 

G Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of 

Washington Ifany dispute arises between the City and Vendor under any ofthe provisions ofthis Agreement resolution 

ofthat dispute shall be available exclusively under thejunsdiction venue and rules ofthe Kitsap County Superior Court 

Kitsap County Washington 

H 

Attorney s Fees 

In any claim or lawsuit for damages arising from the parties performance of this Agreement each party 

shall be responsible for payment of its own legal costs and attorney s fees incurred in defending or bringing such claim or 

lawsuit however nothing in this subsection shall limit the City s right to mdemmfication under Section 9 of this 

Agreement 

I Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below 

unless otherwise notified Any written notice shall become effective upon delivery but in any event three 3 calendar 

days after the date of mailing by registered or certified mail and shall be deemed sufficiently given if sent to the 

addressee at the address stated in this Agreement 

Notices to be sent to 

Notices to be sent to 

VENDOR 

CITY 

Attn Will Robinson 

City of Bremerton Parks Dept 

3050 W State Hwy 16 680 Lebo Blvd 

Bremerton WA 98312 Bremerton WA 98310

J 

Assignment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void 

K 

Modification No waiver alteration or modification ofany ofthe provisions ofthis Agreement shall be binding unless in 

writing and signed by a duly authorized representative of the City and Vendor 

L 

Severabilgy If anyone or more sections sub sections or sentences of this Agreement are held to be unconstitutional or 

invalid that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall 

remain in full force and effect 

M 

Entire Agreement The written provisions and terms of this Agreement together with any attached Exhibits supersede 

all prior verbal statements by any representative ofthe City and those statements shall not be construed as forming a part 

of or altering in any manner this Agreement This Agreement and any attached Exhibits contain the entire Agreement 

between the parties Should any language in any Exhibit to this Agreement conflict with any language contained in this 

Agreement the terms of this Agreement shall prevail 

IN WITNESS WHEREOF the parties below have executed this Agreement 

VENDOR 

CITY 


By 

Print Name 

Its 

Date 

By 

Print Name 

Its 

Date 


By 

Bremerton City Attorney 

ATTEST 

By 

City Clerk

i 

7 

7 

A 

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i 

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U4 

vv

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s 

t 

tc 

VVV 

T04 

F 

h 

o

t 

ook 

1 

rv 

It 

f

lZ 

iYYlY1 

T 

A 

1 

V2 J 

1 

r1 

r 

1AA 

9y 

a 

t

t 

I 

Lions Park Marine themed Play Area 

Orca Sculpture Cost Estimates 3 

Manufacturer Jolly Miller Ballard subsidiary of Cemrock 

Item 1 Orca from existing mold Concrete 16 long 6 tall 35 widest point 

Cost 35k Includes freight and installation 

Per email 11308 

Manufacturer Universal Precast Concrete Santa Clara CA 

Item 4 Concrete Orcas Custom forms various sizes 

Cost 55k 45k plus freight Ft installation 

Per estimate from Dan Christensen emailed 12 10 t phone conversations 

Manufacturer Elandan Gardens Bremerton 

Item 4 Stone Orcas various sizes 

Cost 45k Includes freight installation Et sales tax 

Per estimate from Will Robinson 12810 

i

Colette Berna 

From 

Sent 

To 

Subject 

Wyn Birkenthal 

Monday November 03 2008 1108 AM 

Colette Berna 

FW Orca Whale 

Attachments Oreo1 Mpg Oreo3 Mpg Oreo 1pg 

Colette 

Jolly Miller a Ballard subsidiary of Cemrock which does a lot of theme park sculpture work provided the 

attached photos of an Orca play toy 

It is one way of setting the tone for the new Lions playscape there comeptitors in the field that can 

sharpen the amount of detailing on the sculpture and keep the pricing under control 

From cypress madto scott@jollymdler com 

Sent Friday October 31 2008302 PM 

To Wyn Birkenthal 

Subject Orca Whale 

Hello 

Here are some pics of an Orca that we produced and the dimensions 

Oreo was about 16 feet long about 6 feet to the tip of the dorsal fin about 36 around at 

the widest point 

Cost for this guy would be around 35 000 installed not knowing all the conditions 

This price could go up or more likely we could get it down 

Thanks 

Scott Strozyk 

Cemrock

Lions Park Price Estimates 

Low 

High if applicable Notes 

Small Water Feature 6500 part only 

Rocks Ropes 68 000 Mammoth Rock is nearly half of cost 

Orca Pod 

Orca Rising 14 000 18 000 depending on size 

Orca Diving 9000 12 000 depending on size 

Orca Swimming 1 7000 uses Orca Rising mold 

Orca Swimming 2 7000 

Tail Sign 500 

uses Orca Rising mold 

Sea Lion Full 4000 

Sea Lion Swimming 2000 

Sailboat 8000 12 000 

Kayak 5000 

Sandbar 7000 10 000

1 

0t 

xx 

s 

oz 

1 

X


AGENDA BILL 


CITY COUNCIL 

SUBJECT Resolution No 3137 to Committee Meeting Date March 23 2011 

Establish May 18 2011 as a Hearing Date to COUNCIL MEETING Date April 6 2011 

vacate an Alley for Olympic College Department PWU 

between 13 and 15 Streets West of Presenter Gunnar Fridnksson 

Warren Avenue Phone 4732354 

SUMMARY Olympic College has petitioned the City of Bremerton to vacate the alley between 13 

and 15 Streets West of Warren Avenue The College is completing campus improvements including 

replacement of parking lots to new building construction The new parking lot will encompass the 

entire block between 13 and 15 Streets and Broadway and Warren Avenues rendering the alley 

useless for access Deferred compensation and fees for this vacation is requested until the right of 

way dedication along 13 Street and Warren Avenue is completed 

ATTACHMENTS 1 Resolution No 313 7 2 Exhibit Drawing and 3 Staff Report 

FISCAL IMPACTS Include Budgeted Amount The compensation for this vacation is estimate at 

92 498 As Olympic college develops new rights of way to be dedicated to the City the value of 

these rights of way will be applied against the92 498 Olympic College has three years from the 

date of execution of this vacation to develop these rights ofways After the three years any 

remaining balance will be paid to the City If the value of the rights of way are greater than the 

compensation for the vacation the City is not obligated to make any payment to Olympic College 

APPROVALS 


CITY ATTORNEY 


J 

MAYOR 


COUNCIL PRESIDENT ave e CONSENT AGENDA 



RECOMMENDED MOTION Move to pass Resolution No 313 7 to Establish May 18 2011 as a 

Hearing Date to vacate an Alley between 13 and 15 Streets West of Warren Avenue 


RESOLUTION NO 

A RESOLUTION of the City Council of the City of 

Bremerton Washington establishing a hearing date for the 

proposed vacation of an alley between 13 and 15 Streets West 

of Warren Avenue and a request to defer compensation and fees 

associated with said vacation 

WHEREAS Olympic College has initiated the vacation to be able to construct a 

new parking lot 

THE CITY COUNCIL OF THE CITY OF BREMERTON WASHINGTON 

DOES HEREBY RESOLVE AS FOLLOWS 

SECTION A public hearing will be held on May 18 2011 at530pm or later 

in the City Council Chambers at the Norm Dicks Government Center First Floor 345 Sixth Street 

Bremerton Washington to take public comment or consider written objections to the vacation 

SECTIONZ Severability If any one or more sections subsections or 

sentences of this Resolution are held to be unconstitutional or invalid such decision shall not affect 

the validity of the remaining portion of this Resolution and the same shall remain in full force and 

effect 

SECTION 3 Effective Date This Resolution shall take effect and be in force 

immediately upon its passage 

PASSED by the City Council of the City of Bremerton Washington this 

of 2011 

day 

WILL MAUPIN Council President 


ATTEST 

i ROGER A LUBOVICH City Attorney CAROL ETGEN City Clerk 

1 

Olympic College Parking Lot 13 and15h Streets Resolution 

I

RESOLUTION NO 


Bremerton Washington establishing a hearing date for the 

proposed vacation of an alley between 13 and 15 Streets West 

of Warren Avenue and a request to defer compensation and fees 

associated with said vacation 

WHEREAS Olympic College has initiated the vacation to be able to construct a 

new parking lot 



SECTION 1 A public hearing will be held on May 18 2011 at 5 30 p in or later 

in the City Council Chambers at the Norm Dicks Government Center First Floor 345 Sixth Street 

Bremerton Washington to take public comment or consider written objections to the vacation 

SECTION 2 Severabdity If any one or more sections subsections or 

sentences of this Resolution are held to be unconstitutional or invalid such decision shall not affect 

the validity of the remaining portion of this Resolution and the same shall remain in full force and 

effect 




of 2011 

day 



ATTEST 



1 

Olympic College Parking Lot 13 and 1P Streets 

Resolution

NW CORNER LOT S 

15th Street 

L19 

f 1 

t 

S88 24 16 E 156 48 

6 

2s 

u 

L21 

Area to be 

Vacated 

v 

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Area to be L 

Vacated 

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L17 15 

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1 

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EXIUBIT 

S 96i 49 33238 

13th Street 

i Portions ofthe SE 14 ofthe NE 14 

Section 14 T 24 N R 1 EWM 

City of Bremerton Kitsap County Washington 

J 

1 

I 

M

STREET VACATION REQUEST FOR ALLEY BOUNDED BY 13 AND 15 

STREETS BROADWAY AND WARREN AVENUES 

ENGINEERING STAFF REPORT 

CITY COUNCIL HEARING DATE May 18 2011 

PREPARED BY 

Gunnar Fndriksson 

SUMMARY 

Applicant 

Location 

Olympic College 

co David C Mitchell 

1600 Chester Avenue 


Alley bounded by 13 and 15 Streets and Broadway and Warren 

Avenues lying in the east half of Tract 7 of the Plat of Warren Smith s 

Acre Tracts as recorded in Volume 2 of the book of plats Page 51 

records of Kitsap County Washington 

BACKGROUND 

Olympic College is currently completing campus improvements including replacement of 

parking lots to new building construction The new parking lot will encompass the entire 

block between the above mentioned streets rendering the alley useless for access 

While there is an existing alley in place between 13 and 15 Streets it is not within 

continuous right of way between the two streets There are three separate parcels 

shown as right of way divided by private property 

The majority of the central portion of the alley was conveyed by Warranty deed in 

January 1920 from E J and Minnie McCall Kitsap County Auditor File 104413 to the 

City of Bremerton and is Class I right of way The remaining central northerly and 

southerly portions of the alley were created by deed exceptions from the adjacent 

private properties As such these portions of the alley are Class II right of way Usage 

of the private property for the alley would be by prescriptive use and would be classified 

as Class III right of way 

RIGHT OF WAY CONDITIONS 

Functional Classification 

Local Access 

Existing ROW Width Varies 0 to 14 feet 

Proposed ROW Width 

NA 

Pavement Width 

Surface Type 

Curb and Gutter 

February 2011 

Alley bounded by 13 15 Streets and WarrenBroadway Avenues 


10 foot 

Asphalt mostly portion 

gravel 

No

Sidewalks 

No 

HEARING CONSIDERATIONS 

BMC 1120120 sets forth issues that the City Council needs to determine at the 

conclusion of the Vacation Hearing These issues and the staff position are 

1 Whether the street alley or portion thereof is no longer required for public 

use and vacation of the described portion will better serve the public good 

Staff Position 

Alley is no longer needed as surrounding properties will become part of campus 

parking lot The two remaining residences will be served by an easement 

through the new parking lot 

2 Whether the vacation is consistent with the City Comprehensive Plan 


The proposed vacation does not conflict with the Comprehensive Plan 

3 Whether continued use of the proposed vacation as a public way is not of 

such public benefit as to justify the costs of maintenance 


The improvements will reduce the City s maintenance responsibility in this area 

4 Whether substitution of a new and different thoroughfare would be more 

useful to the public 


No other thoroughfare would improve circulation in this area 

5 Whether conditions may so change in the future as to provide a greater 

public use or need than presently exists 


No 

property will remain vested with the College 

6 Whether objections to the proposed vacation are made by owners of 

private property abutting the same 


No objections have been received by staff There remain two residential 

properties in the block and Olympic College is retaining an easement for them 

across the new parking lot for access 

SHORELINE ACCESS 

This portion of rightofway does not provide shoreline access 

February 2011 

Alley bounded by 1315 Streets and WarrenBroadway Avenues 


I

UTILITIES 

All private utility companies 

for servicing the two remaining residences 

were contacted 

Comcast and PSE will retain an easement 

No City utilities are currently existing in the 

alley so no easement is required for the City of Bremerton Easements may be 

released upon arrangements made for utility relocations 

SUFFICIENCY OF SIGNATURES 

Olympic college owns 94 of the adjacent properties 

COMPENSATION 

This vacation a mixture of Class I Class II and prescriptive use or Class III rightofway 

as defined in City of Bremerton Ordinance 4664 The Class I right of way is3556 

square feet and the Class II right of way is 450 square feet No compensation is 

owing for Class III right of way Total compensation using 2011 Kitsap County value 

assessments from the adjacent parcels will be 

Class I Right of Way 3556 sq ft x 16sq ft 56 898 

Class II Right of Way 450 sq ft x 0 5 x 16sq ft 35 600 

TOTAL 92 498 

Olympic College has requested the City to defer compensation and fees for this 

vacation in accordance with BMC 1120 140 D for right of way to be dedicated along 

13 Street and Warren Avenue Staff supports this request and compensation should 

be deferred until the dedication is completed with a time limit of three 3 years from 

passage of this vacation ordinance Should dedications not be completed in this time 

the full amount owing will become due 

STAFF RECOMMENDATION 

City Attorney Police Fire Engineering and Community Development staff notes no 

objections to the proposal 

Staff recommends that this Street Vacation be approved as requested 

February 2011 

Alley bounded by 13 


Streets and WarrenBroadway Avenues

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Street up alley 

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Looking southerly from 15 

Street down alley 

February 2011 

Alley bounded by 1315 Streets and WarrenBroadway Avenues 

Page 4 of 4


AGENDA BILL 


CITY COUNCIL 

7A 

SUBJECT Public Hearing on Resolution Committee Meeting Date March 23 2011 

No Declaring Certain Public Utility COUNCIL MEETING Date April 6 2011 

Property Surplus Department PWU 

Presenter 

Phone 473 2354 

Gunnar Fridriksson 

SUMMARY Reservoir 14 is located at the southwest corner of Ironsides Avenue and East 17 

Street The Reservoir was in service until 1991 when it was retired due to small size elevation issues 

with supply system and service area and persistent leaking problems The City Water Utility and 

Engineering staff recommends surplusing the property 

ATTACHMENTS 1 Council Summary 2 Resolution No 3138 3 Aerial 

FISCAL IMPACTS Include Budgeted Amount Minimal impact site is currently maintained by 

the utility to a minimum standard 

APPROVALS 


CITY ATTORNEY 


MAYOR 



L 

Gr C z 




RECOMMENDED MOTION Move to pass Resolution No 

land surplus 

rt he C 4 

declaring City Water Utility 

no ati n h v se ororl eXcSe isPos 

0 fie flrD Pert flYe f 1j a Z 


COUNCIL SUMMARY 

DISPOSAL OF RESERVOIR 14 

Summary 

Reservoir 14 is located at the southwest corner of Ironsides Avenue and East 17 

Street The reservoir was constructed in 1958 and was in service until 1991 when it was 

retired due to the relative small size elevation issues with the supply system and area 

being served and persistent leaking problems In November of 2006 the City of 

Bremerton identified this as one of four 4 properties which were surplus to City needs 

Because this reservoir was originally purchased through the utility State law requires a 

public hearing prior to surplusing the property 

Fiscal Summary 

Minimal impact 

The Utility current maintains the site to a minimal standard 

Ca ofBi emei ton 

Mm ch 3 2011 

I

RESOLUTION NO 


Bremerton Washington declaring certain public utility property 

known as Reservoir No 14 surplus to the City s needs in 

accordance with the provisions of BMC278 010 b 

WHEREAS the City Council has determined that the public utility property 

known as Reservoir No 14 is surplus to the City s needs and is not required for providing 

continued public utility service and 

WHEREAS pursuant to BMC 2 78 040 and RCW 35 94 040 a public hearing 

was held on April 6 2011 relating to the proposed surplusing of the property NOW 

THEREFORE 



SECTION 1 The public utility property known as Reservoir No 14 and legally 

described in ExhibitA is hereby declared surplus to the City s needs and is not required for 

providing continued public utility service 

SECTION 2 

property before 

A firi1 

30 2012 

The City shall take no action to sell or otherwise dispose of the 

i in order to allow time to consider options for the property 

SECTIONS Severability If any one or more sections subsections or 

sentences of this Resolution are held to be unconstitutional or invalid such decision shall not 

affect the validity of the remaining portion of this Resolution and the same shall remain in full 

force and effect 




day of 2011 



ATTEST 



RLEGAL 

Resoluttons Pubhc WorksSurplus Reservoir No 14 doc 

1 

Surplus ofPublic Utility 

Property Reservoir No 14

EXHIBIT A 

LEGAL DESCRIPTION FOR 

RESERVOIR 14 

That portion of the northeast 14 of the northeast 14 of Section 13 Township 24 North 

Range 1 EastWM Kitsap County Washington more particularly described as follows 

Beginning on the west side of Ironsides Avenue at the intersection with the south line of 

east 17 Street thence west 200 feet thence south 135 17 feet thence east 200 feet to the 

west side of said Ironsides Avenue thence north to the beginning 

Together with the north 20 feet of Lot 1 Block 1 of the plat 

Decatur 

of Brewster 

2d Addition to 

2 

Surplus ofPublic Utility 

Property Reservoir No 14

l 

I 

t 

EAST 

L 

17TH STREL 

c 

I 

RE ERVUIR 14 

T0 BE SURPLUSED f couNcm EXHBT 

z 

SURPLUS OF RESERVOIR 

t 

PORTION 

OF 

SEC13 T24N R 1EW M 


KITSAP CO WA 

03 

11 G F S J

From 

Sent 

To 

Cc 

mikemcwilliams@comcast net 

Thursday March 31 2011 8 42 AM 

Patty Lent City Council 

Craig Rogers 

Subject Fwd 2300 Block East 17th Steet DogHeart Attack Incident 

Dear Mayor and City Council Members 

Please pardon me for my persistence regarding my concerns for the future of Manette Ive spent 

some time reflecting upon the concept of Sense of Community and the remarkable possibilities 

that can occur when the City and the citizens work together for a common cause 

Please allow me to share with you thisemail thread between myself and the Bremerton Police 

Department The subject of this thread is with regard to a tragedy that occurred in Manette last 

summer when a citizen died of a heart attack If you care to review this thread you ll read about 

the remarkable services provided by Officer Mayfield and the Bremerton Police Department 

However I only briefly alluded to some of the actions of citizens who took action before Officer 

Mayfield arrived and the assistance they provided in attempting to help the Officer in reviving 

the citizen before other police officers arrived Although the results were tragic I believe this is 

a wonderful example of the City and citizens working together 

Neighborhoods with a Sense of Community can create coalitions networks and voluntary 

watch groups which provide a measure of information safety and peace potentially easing a 

tremendous burden on our law enforcement Perhaps there may be some disagreement on this 

point but at the very least this thread attests to the professionalism of the Bremerton Police 

Department 

Condally 

Mike McWilliams 

Forwarded Message 

From Billy Renfro Billy Renfro@ci bremerton wa us 

To mikemcwilliams @comcast net 

Sent Wednesday September 1 2010 3 03 07 PM 

Subject FW 2300 Block East 17th Steet DogHeart Attack Incident 

Mr McWilliams 

I appreciate your email regarding Ofc Mayfiield s actions on this night 

and I agree that he acted in a manner above and beyond I will place a 

copy of your email in Ofc Mayfiield s personnel file and provide him 

with a copy 

Sincerely 

31 2011

Sgt Billy Renfro 415 

Original Message 

From Peter Fisher 

Sent Wednesday September 01 2010 8 15 AM 

To Richard Cronk Billy Renfro 

Subject FW 2300 Block East 17th Steet DogHeart Attack Incident 

Drop file please 


From Craig Rogers 

Sent Monday August 30 2010 5 35 PM 

To James Burchett Tom Wolfe Peter Fisher 

Subject Fw 2300 Block East 17th Steet DogHeart Attack Incident 


From mikemcwilliams@comcast net mikemcwdliams @comcast net 

To Craig Rogers 

Sent Mon Aug 30 15 40 19 2010 

Subject 2300 Block East 17th Steet DogHeart Attack Incident 

Dear Sir 

The purpose of this correspondence is to express appreciation for the 

Police Officer name unknown and his performance during the incident 

which occurred on the 2300 Block of East 17th Street approximately two 

weeks ago You may recall this incident where a woman apparently 

suffered a heart attack and died it appeared and reported in the 

Kitsap Sun as though her dog a pitbull was acting in a protective 

manner toward bystanders as this incident occurred 

I was a witness to this incident I awoke approximately 10 20PM to a 

dog barking the barking didn t seem unusual until I heard yelling 

voices shouting Get back and Get awayl The sun had already set at 

this point and it was rather dark out When I stepped out on my deck I 

noted some people standing on an embankment of my neighbors yard and a 

dog in the middle of the street 

At this point it was too dark to see the woman s body lying across the 

31 2011

I 

i 

street but the dog was acting ferociously Although the dog may have 

been acting in the defense of its prostate owner it was vicious Some 

bystanders attempted to steer the dog away with their car when a 

Bremerton Police unit arrived 

I was very impressed with the way the responding Police Officer handled 

the situation The Police Officer showed what I believe was a great 

amount of courage and restraint as he attempted to usher the dog into 

the back of his car Upon noting the woman s body lying on the sidewalk 

the Police Officer pointed his taser at the dog and I believe I heard 

him sayIm sorry boy I really don t want to do this before 

tasering the dog and then attempting to revive the woman 

I was somewhat disturbed to read the public s comments on the Kitsap 

Sun s Web Site regarding this incident The Kitsap Sun story appeared 

to turn into a public debate about aggressive dog breeds and speculation 

of what occurred Given the fact that a previous incident occurred 

where a Bremerton Police Officer had to use lethal force against an 

attacking dog I believe lethal force may have been warranted in this 

incident as well 

However the responding Police Officer appeared to 

display professionalism restraint and compassion as he handled a 

tragic situation which may have resulted in far worse public opinion 

if lethal force had been used 

In summary I believe the responding Police Officer and others who 

followed despite the tragic death of the woman performed in a highly 

professional and admirable manner 

I believe any citizen who would 

witness such a performance under these circumstances would be proud of 

their Police Department 

With gratitude and deep appreciation 


Citizen 

Bremerton 

i 

I 

i 

I 

31 2011


From 

Sent 

To 

mikemcwilliams @comcast net 

Wednesday March 30 2011 3 53 PM 

Jim McDonald 

Cc 

City Council 

Subject Re Citizen Letter Design of Reservoir at 17th Street Ironsides into a Park Mike McWilliams 

Dear Mr McDonald 

Thank you for your response and clarification I apologize if my correspondence reflected 

anything beyond confusion on my own part However given mitigating circumstances I 

honestly must plea my case that a mere matter of approximately half a year might not be 

enough time to once again galvanize the support of the community 

The mitigating circumstances I allude to were mentioned in my letter 

clarify briefly with the following 

please allow me to 

1 The current economic climate I think more people are worried more about the three 

months than they are the next thirty years I can state for myself that I don t know if I 

am going to be employed three months from now These are terrible times we live in 

for the City of Bremerton State of Washington and America 

2 The good will in the city Reviewing comments in online blogs and listening statements 

at meetings the Port of Bremerton s tax to build a new marina has caused a sense of 

great consternation among Bremerton s citizens 

Upon addressing Manette s future 

plans to the City Council some time ago even I referred to it as The marina paid for 

by the many but used only by the few even though I also recognized its importance in 

both Bremerton s revitalization and economic growth 

I will also freely admit that I do not have full comprehension of the processes and protocols that 

our local government and its various subsidiary organizations Be that as it may I am hoping 

that any decision regarding this park will not be rushed As a citizen I can only vote for officials 

and maintain faith in their wisdom and leadership 

As you noted severe budget cuts have precluded the Parks Department from considering the 

purchase of the property However in a previous letter to the City Council I stated the 

following 

Thus the question may arise What does the sale of what some may refer to as a slab of 

concrete have to with the sense of community in Manette The answer may be as simple as 

the premise of the land itself it is a park a place of communal enjoyment Utilizing Bachman 

Park as an example not every citizen in Manette can live on the waterfront or share equally in 

the attributes that constitute such a living space However such disparities are compensated 

by the use of shared parks and recreation areas Manette s Bachman Park allows all citizens 

to enjoy the waterfront It is this compensation for disparity by any measure that allows a 

community to thrive This is why parks and recreation areas are so important for a community 

to survive 

I hope this statement was communicated to Wyn Birkenthal As our population 

grows I truly believe this park will become even more important and I would go further to 

assert that the very sense of communitythat exists in Manette will depend upon it for its 

30 2011


survival 

Once again sir please allow me to express my thanks for your response and clarification in closingIm 

dust a citizen who cares about his community I thinkIve reached a point in my life where I wish I could 

find some way to give back to a community that has given so much to me 

Perhaps my efforts are 

misdirected but I have lived in cities where there was no sense of community and they weren t very 

pleasant places to live in one particular instance a quite hostile place to live what some refer to as 

the Mean Streets Bremerton may have its problems ranging from public indifference to criminal 

activity but it doesn t have Mean Streets at least not yet Working together citizens and the City 

can prevent this and ensure a positive future for the next generations of citizens I believe we owe it to 

them 

Cordially 


30 2011


From 

Jim McDonald Dimmcdonalddistl @hotmail com 

Sent Wednesday March 30 2011 1 53 PM 

To 

Cc 

mikemcwdliams @comcast net 


Subject FW Citizen Letter Design of Reservoir at 17th Street Ironsides into a Park Mike McWilliams 

Attachments CityBremLtrMcWdliams3 doc 

Mr McWilliams 

Thank you for your letter I wanted to clarify a couple of important points regarding the subject 

property 

The Council action next week is to surplus the property from the Public Works water utility not sell it 

The water utility is considered an Enterprise fund Enterprise funds are required to be self sufficient 

The ratepayers pay for all costs associated with the utility and all assets of the utility belong to the utility 

fund So this enterprise utility cannot give the property to the Parks Department the neighbors or 

anyone And the property cannot be sold to anyone without first going through the proposed surplus 

action 

Due to the recent and severe budget cuts the Parks Department has indicated that it is not interested in 

purchasing this property The Council has proposed the November date in order to give the community 

ample time to act 

R 

Jim McDonald 

Bremerton City Council 

District 1 

Public Works Committee Chair 

30 2011


From 

Sent 

To 

Subject 

mikemcwilliams @comcast net 

Wednesday March 30 2011 1103 AM 

Patty Lent City Council 

District 3 Meeting03 29 2011 Topic Design of Reservoir at 17th Street Ironsides into a Park 

Attachments Cityl3remLtrMcWilliams3 doc 

From 

Michael T McWilliams 

2336 East 17 Street 


To 

Mayor Patty Lent 

City Council Members 

Greg Wheeler Jim McDonald Roy Runyon Carol Arends Will Maupm Adam Brockus 

Dianne Robinson Nick Wofford Cecil McConnell 

Subject 

District 3 Meeting03 29 

into a Park 

2011 Topic Design of Reservoir at 17th Street Ironsides 


Please allow me to express my sincere gratitude to Mayor Lent City Employees and to the City 

Council members from other districts Runyon Wheeler for taking the time to meet with 

citizens at the District 3 Meeting03 29 2011 It is with great certainty that I feel I can express 

appreciation on behalf of the citizens for your time and efforts On my own behalf you have 

my sincere gratitude 

During this meeting I reserved my personal comments I have corresponded with the City of 

Bremerton numerous times regarding my concerns for the community of Manette It was my 

intention to attend this meeting with an open mind and with the purpose to listen and learn from 

both citizens and officials Although this meeting was positive in many respects my concerns 

for my community continue to grow After this meeting I began asking myself a lot of questions 

One of my principle concerns is the November 18 milestone Although it would appear that the 

City will allow the Manette Neighborhood Coalition MNC a period of time to engage the 

community regarding a potential framework such as Limited Liability Corporation to preserve 

the park the immediate question arises 

Question Is this really enough time 

Five years ago the MNC collected over 150 signatures from households in a matter of days 

30 2011


stating they wanted their park to be preserved 

Question 

Is the desire of the citizens going to be ignored 

Thus the following question 

I believe the first question is legitimate and the second would appear rhetorical 

intentions of our leadership are honest and noble 

should be examined regarding the failed Proposition 1 

Source Kitsap Sun 

I have no doubt that the 

However perhaps the words of Councilperson Maupin 

Parks and Sidewalks initiative where he stated 

1 thought that when wefirst put that the parks levy on the ballot that we had built up enough good will 

in the city that citizens were willing to invest some oftheir money in the Bremerton redevelopment I think 

the port tax was an issue that didn t die he said 1 heard that over and over again as I was door belling 

and 1 think that s what doomed our parks levy 

http Hwww krtsapsun com news2007nov06 proplvoters rejecttaxfor parksand sidewalksixzzl IGHVHOit 

Question What about the good will in the City 

Is this still a consideration 

Like Councilperson Maupm I too was door belling as I collected a lot of signatures myself and it 

granted me a truly unique and wonderful opportunity to learn more about my community Manette is a 

diverse community spammng the vast socialeconomic ranges of young citizens struggling to start their 

lives to senior citizens struggling to survive on fixed incomes Many of these citizens signed a petition 

despite these challenges because they cared 

However that was half a decade ago and many things have changed in our community Sadly some of 

these citizens may have moved and with greater sadness some have died As a community we also 

suffer along with our nation as we find ourselves in greatest economic disaster since the Great 

Depression Perhaps I am stating the obvious but a lot of people are scared right now There is an 

overarching fear in our communities 

regarding the future 

a level of which surpasses anything I have 

witnessed in my lifetime It is this fear of the events of today that can obscure our thoughts regarding 

tomorrow 

Thus the following question would anse 

Question Is now the time to take any drastic action regarding the future of Manette 

During the meeting there was some rather indepth discussion of what the citizens could do to save their 

park HoweverIm not certain there was enough volition on the part of the City to assist the citizens 

beyond granting a limited amount of time for independent action Thus I pose the following question 

Question 

Shouldn t this challenge and opportunity present itself as an endeavor for the City and citizens 

to work together in good will 

There are so many more questions I would like to ask 

Some questions I would like to ask for the 

purpose of learning Other questions I would like to ask in the spirit of idea generation and thought 

provocation However there was one question that was asked during the District 3 meeting that appeared 

no one wanted to answer 

Question Why do the citizens of Manette have to pay for a property they have already paid for through 

their taxes 

There is no dispute that the property belongs to the City and thus the City can utilize or dispose of it as 

desired However for decades the City has provided amenities and the citizens of Manette have adopted 

30 2011


this land as a park Many citizens including myself have volunteered to take care of it This is truly an 

example of the possibilities when citizens and the City work together for the common good 

Councilperson Runyon alluded to the fact that the sale of this land could provide funds to alleviate other 

areas of distress in the City The City as a whole should be considered but then the question anses 

Question What about the future of Manette 

Mayor Lent was kind enough to speak with me regarding the future of both the City of Bremerton and 

Manette in terns of revitalization I have addressed the City Council in person and have stated without 

equivocation that progress is imminent and that We cannot avoid history 

With regard to Manette s future and planning I also asked the City Council 

Do you care A real simple question do you care 

Do any members of the City Council recall that question I debated asking that question for days 

because I thought it posed itself as a challenge Given the City Council vote regarding citizen 

involvement in planning the Council proved it did indeed care Im hoping this sense of compassion 

will continue 

In closing I share with you the fact that this correspondence comes with some difficulty 

although I do my best to be a good neighbor and provide any assistance to my community 

As a citizen 

I am in fact 

a rather pnvate person Sharing my thoughts with you I can only hope that you will accept them as 

constructive input from a citizen who cares deeply for his community 

An invitation was extended to citizens to address the City Council at the upcoming meeting on Apnl 6th 

I hope to attend this meeting In the past I have asked the City Council for leadership and I have asked 

for compassion Im hoping I can find the courage to ask another question perhaps we can all engage in 

some serious soul searching regarding our responsibilities to the future 

Cordially 


30 2011

From 


2336 East 17 Street 


To 

Mayor Patty Lent 

City Council Members 

Greg Wheeler Jim McDonald Roy Runyon Carol Arends Will Maupin Adam Brockus 

Dianne Robinson Nick Wofford Cecil McConnell 

Subject 

Proposed Sale of East 17 Street Reservoir Park 


It is with deep concern as I attempt to share with you my thoughts regarding the potential sale of 

the East 17 Street Reservoir that so many citizens of Manette have cherished as a park for many 

decades It is my sincerest hope that you will consider my words with an open heart as well as 

with an analytical mind The future of the community of Manette will forever be changed by 

your decision 

Upon some brief reflection it may appear to be a somewhat obvious conclusion that the sale of 

this park is warranted The park infrastructure is no longer a functioning reservoir and has 

shown some signs of deterioration This situation of itself is a sad state of affair and in need of 

an effective resolution 

The potential sale of this park could provide the City of Bremerton with some financial gain 

which may serve to alleviate some of the short term economic challenges faced by our city The 

long term benefit would appear yet to be determined by future utilization 

This simple fact 

alone could provide some impetus to sell However a decision of this magnitude should be 

considered with many other factors that go beyond simple economics and with due consideration 

for the impact on the community 

Beyond the quantitative measure of economics used in the calculation of decisions there are the 

qualitative factors that will affect the Manette community well into the future in this instance 

forever As citizens of Manette and the City of Bremerton we look to you our elected officials 

i

to execute the fundamentals of leadership and wisdom that will guide us into the future It is this 

future that must be considered 

the quality of life for many generations will depend upon it 

By reasoned estimation the concept of quality of life is 

unique 

to each individual a 

reflection 

based upon personal values tastes and experience However transcending above individual 

definitions to encompass the concerns of the community as a whole you may find vast 

agreement with regard to what the citizens of Manette consider quality of life This is how the 

foundation of a 

community 

is created 

citizens find consensus through shared values that go 

beyond mere individual considerations 

The citizens of the Manette have established a strong foundation of community that has survived 

for decades The people of Manette love their community we live amongst ourselves in peace 

and harmony Manette is still a place where neighbors know each other and children can play 

freely without fear Manette serves as an example of the very principles that transcend sole 

propriety and allow all to flourish a 

Thus the question may anse 

sense of community 

What does the sale of what some may refer to as a slab of 

concrete have to with the sense of community in Manette The answer may be as simple as the 

premise of the land itself it is a park a place of communal enjoyment Utilizing Bachman 

Park as an example not every citizen in Manette can live on the waterfront or share equally in 

the attributes that constitute such a living space However such disparities are compensated by 

the use of shared parks and recreation areas 

Manette s Bachman Park allows all citizens to 

enjoy the waterfront It is this compensation for disparity by any measure that allows a 

community to thrive 

survive 

This is why parks and recreation areas are so important for a community to 

Five years ago the citizens of Manette displayed their highest sense of community when in a 

matter of days over one hundredfifty households signed petitions stating their desire for the 

East 17 Street Reservoir to remain a park Although this may not reflect the desires of each 

individual in the community it must serve as evidence of the desire of the community as a 

whole Despite the many changes that have occurred over the past five years such evidence of 

community desire must be considered regarding the future of the park 

In closing the most important consideration I would ask you to consider is 

the future itself 

As a citizen of the community of Manette and the City of Bremerton I have witnessed great 

progress over the past decade I can deeply appreciate the efforts by so many to make our city 

communities and homes a better place to live However I am deeply concerned that many 

decisions are being made with regard to short term priorities and constraints at the neglect of 

greater responsibilities for future generations 

Far beyond the short term both citizens and elected officials have an indisputable responsibility 

to future generations who will inherit what we the current generation have created for them

through our actions and decisions As citizens we cannot avoid history and progress is 

imminent As parts of our community become more densely populated and progress continues 

the foundation of the Manette community will continue to be challenged The need for parks and 

recreation areas will become even 

greater in the future 

the 

need for East 17 Street Reservoir 

Park must be considered as the need is sure to escalate as progress continues 

As elected officials you have the ability to shape this future into one upon which the next 

generation of citizens can be thankful for The potential for the East 17 Street Reservoir Park is 

immense Perhaps more time and more options should be explored There is no need for haste 

in a decision of this magnitude I would urge you as leaders to please reflect upon this decision 

with the same level of care as the citizens of Manette care about their community 

It is my 

sincerest hope that any decision regarding the park will take into consideration the future 

community of Manette and serve as an example of what our responsibility is to the future 

Thank you for allowing me to share my thoughts and concerns with you 

Cordially 

Michael T McWilliams


From 

Joanna Hess Dojohess79@yahoo com 

Sent Wednesday April 06 2011 1 32 PM 

To 


Subject Ironsides Space 

Hello Council Members 

I understand tonight will be a meeting that includes discussion of the lid on Ironsides I live 

across from that space and enjoy having my four yearold ride his bike and play as well as meet 

up with other neighbors When I think there might be housing development there I can t help but 

think of it as a tragedy Manette has been a destination for people from all over and the Senior 

Center is not an adequate play area for kids It s satisfactory but not great by any means As a 

mom of two boys the need for open space for them to play and run around is a high priority and 

with the lack of business in downtown Bremerton I find myself driving to Silverdale Poulsbo 

or Gig Harbor just to shop and take my kids somewhere to play That breaks my heart as I 

would ve thought moving here 5 years ago that being close to the downtown would be 

advantageous The fountain park is the best thing we ve seen happen down there because we 

actually have somewhere to go What Bremerton needs and specfically Manette is another 

gathering place for people kids dogs whomever It is an excellent location and would bring 

more people to the area and hopefully to the businesses in Manette and Bremerton itself 

I understand you all are charged with governing the needs of the city andIm sure you face very 

difficult fiscal circumstances right now and are trying to save and find money wherever you can 

I desire the city to be the best it can be and by selling this piece of land to a developer would just 

further my frustration of unrealized potential of the city Imagine what a blessing a park could be 

to the residents of not just Manette but Bremerton in general In tough times finding joy and 

peace outdoors is what a lot of people do and providing another space to do that would only 

bring good to the people here 

Thank you for reading this and for your service to this area 

Sincerely 

Joanna Hess 

Manette Resident 

462011

Paul Drnjevic pauldrn @comcast net 

Wednesday April 06 2011 12 19 AM 

To City Council 7A 

Subject Water Tank Park 17th Ironsides 

From 

Sent 

Worthy City Councilors 

Unfortunately I am not able to attend the City Council Meeting tonight 

I 

understand the subject abandoned water tank may be discussed to be surplused at your 6 Apr 11 Wednesday meeting 

I strongly suggest that this property be made available to the Manette Neighborhood Coalition if they wish to obtain it 

I definitely want to see as much open space as possible be held open for the residents of Bremerton and I think this 

piece of property fits that criteria very nicely Unfortunately once an open space is gone it no longer is available to the 

public and that is a shame 

So PLEASE DO give due consideration to the Manette Neighborhood Coalition 

Paul DRNJEVIC 

1

i 

Pagel of 5 

r 

From Lori Smith on behalf of City Council fill 

Sent Tuesday April 05 2011 9 50 AM 

To 

kisslerstrauss @yahoo com angiekissme @yahoo com 

Subject FW Citizen Letter Ironsides Park Water Reservoir14 John Strauss 

Attachments Agenda pdf 

Mr Strauss 

Thank you for your letter which I have provided to the Council Members for their review and 

consideration As you may know this issue is on the Council s agenda for discussion Item 7A at their 

meeting tomorrow night I have attached an agenda for your convenience 

Lori Smith 

Iow 54am 


Bremerton City Council 

360 4735280 

From Angela Kissler Straussmailto 

kisslerstrauss@yahoo com 

Sent Tuesday April 05 2011 546 AM 

To City Council 

Cc Patty Lent 

Subject Fw Ironsides Park Water Reservoir 14 

From Angela KisslerStrauss kisslerstrauss @yahoo com 

Subject Ironsides Park Water Reservoir 14 

To angiekissme @yahoo com 

Cc kisslerstrauss@yahoo com 

Date Tuesday April 5 2011 5 32 AM 

I would like to first introduce myself My name is John Strauss Im 41 years old I live at 2317 

E 17th St in Manette I am marned to the most wonderful and beautiful woman in the universe 

Angie Kissler We plan to have children very soon and raise them here in Bremerton where I 

grew up I have a mathematics degree from WWU but also attended OC starting in 8th grade 

and UW I won awards for citizenship at Olympic Elementary School where I was part of the 

Challenge Program for gifted kids and served in student government I received an award at 

Liberty Middle School on Perry Ave for scoring 2nd place on a state wide mathematics exam in 

8th grade I would have had a better score if I hadn t used calculus that my teacher Dr Radden 

taught me in 7th grade to solve a slope problem Before living at our current home where we ve 

been for almost four years now we lived at 1321 Elizabeth Avenue in the Evergreen Park 

Neighborhood We liked this house too and plan to live there again 1025 years from now for 

two of the five years before we sell it and reinvest or retire We currently rent this house out to a 

lovely couple who moved here from Seattle and their housemate who moved back here from 

Japan We never hear from our property manager which if you have ever owned an occupied 

rental is a very good thing Our renters take very good care of our rental property I must admit 

it looks better than when we lived there We also refurbished and own an occupied rental in 

Manette Before the economic downturn our goal was to buy a rental or flip property in 

Bremerton every year Our plan has been stalled but not derailed As you can see I have 

interests in both east and west Bremerton and in both the Evergreen Park and the Manette 

452011


neighborhoods both as investor and resident 

I have a proposal that might be a solution to a variety of problems the City of Bremerton 

currently faces 

Problem 1 The city needs money 

Problem 2 Ironsides Park is misclassified 

Problem 3 Lower Roto Park is a scourge to the Evergreen Park neighborhood 

Ironsides Park was created concurrently with Water Res 14 in 1957 At this time the City of 

Bremerton was governed by 3 commissioners instead of a mayor Parks and Water were under 

the same jurisdiction of government Public Works When Bremerton s government was changed 

to a mayor plus council form of government Parks and Water were separated from each other 

Ownership of Ironsides Park was not split up Im guessing it wasn t split because the park is on 

top of the reservoir and a method for such a split of ownership wasn t conceived or deemed 

necessary Water systems continued to pay for the lights tennis courts and maintenance of the 

park out of the kindness of their hearts for many years The lights and tennis court nets have 

since been removed 

The property known as Ironsides Park Water Reservoir 14 identified by the address 2329 E 

17th St and tax I D 1324011034 2000 1138007 was a water reservoir for 34 years until it 

was decommissioned in 1991 This same property has been used as a park by the citizens of 

Manette and beyond for 54 years continuing to the present day The property is 62 acres in size 

being approx 200 by 137 It has a current tax assessment value of78 820 00 

The citizens of Manette want to keep the park and do not want the City of Bremerton to surplus 

it and sell it to private investment developers Mayor Patty Lent suggested to the Manette 

Neighborhood Coalition MNC that the citizens get together purchase the property and form a 

governance body to oversee it I don t think its fair to make the citizens purchase something 

they ve already paid for through their water bills and property taxes The MNC a governance 

body was created to fight the inappropriate zoning changes that were attempted in Manette and 

to keep the city from selling their park to private investors It s my personal opinion that if the 

government of the City of Bremerton had listened to the citizens of Manette in the first place that 

the MNC may never have been conceeved The idea that the citizens of Manette need to create 

yet another governing body and buy something they ve already paid for is ridiculous People who 

live in Manette are more active in their neighborhood than the people of any other neighborhood 

in Bremerton I think the city is underestimating the loss of votes their elected officials will 

suffer if they go against public sentiment in Manette The Manette neighborhood is composed of 

a successful mature longterm populace who own businesses and are involved in associations 

boards and other community groups across Bremerton and Kitsap countyIm sure no one wants 

to hear or tell stories about how our current leaders messed up Please realize that Manette 

wants Ironsides Park and will never surrender in the fight to keep it 

Mayor Patty Lent said there might be a liability issue at Ironsides Park I would like to remind 

the city that Reservoir 14 was designed to hold2000 

gallons of water At eight pounds per 

gallon of water that s the equivalent of16000 

pounds Or 8000 tons Or 200 fully loaded 

tractor trailers at 80000 pounds each I recall reading somewhere in my research I believe it was 

an article in the Bremerton sun circa 1957 that said 550 cement truck loads where used to create 

the reservoir and park Another interesting fact exemplified by a plaque that used to be and may 

still be on the alley side wall of the reservoir itself which designated the reservoir as the 

emergency bomb shelter for the Manette neighborhood from the late fifties through the sixties 

and into the late seventies until the outer fence was added and the alley was gated for security 

reasons I guess terrorism from the middle east won out over the fear of being bombed by the 

communists The above sentences describe a structure that should have no problem with people 

i 

i 452011 

I


walkingbikingskatmg suntannmg playmg on it 

Lower Roto Park is located at the north deadend of Elizabeth Avenue in the Evergreen Park 

neighborhood It does not have an address but can be identified by tax I D 3804 004 0040000 

1465194 It is 74 acres in size being approx 135 by 235 give or take It has a current tax 

assessment value of236 660 00 Note that this value is slightly more than three times that of 

Ironsides Park 

Lower Roto Park is in bad shape There s evidence of illegal dumping Most of the park s 

foliage consists of blackberries and other brambles It has litter problems including a wide 

variety of alcoholic beverage containers random garbage and lots of broken glass At my last 

visit when I took some photos with my cel phone I discovered something on the stairs that 

looked like a plastic shell casing AsIm not a gun guy I don t know if a plastic shell casing 

would work or exists but that s what It looked like Most flat pamtable surfaces have been 

graffitied It has obvious evidence of Marihuana use including cigarette lighters sandwich 

baggies cigar tips and cellophane wrappers from cheap cigars used to make marihuana and 

candied flavor tobacco cigarettes known as a blunts Evidence exists for huffing or the 

inhalation of noxious gasses to produce a high in the form of a plastic bag with frayed rope in it 

I didn t know what this was either until a fnend of mine with a nephew in rehab explained it to 

me The drug abuser takes a piece of frayed rope and sticks it in someone 

gas tank soaking it 

with gasoline then the drug abuser puts it in the bag and huffs or inhales the gas fumes 

Please all of you with older vehicles get locking gas capslIve found syringes at this park 

before and little baggies too small to hold Manjuana which are commonly used to hold more 

potent drugs like cocaine heroin methamphetamme and acid There s no sign saying its a park 

which doesn t help in attracting responsible people to the park to use it properly There s no 

parking it needs at least a few It has impossible mobility impaired access and no mobility 

impaired parking not to mention the uneven and eroding stairs There are many liability issues 

including sharp rusty edges on the remaining BBQ post and exposed rusty ends on two thick 

cables creating an injury and disease liability The BBQ has been broken off and is missingIm 

guessing a diver could find it in the water if it hasn t completely rusted away Other liabilities 

include a lack of lighting and an unsafe shoreline Many parks are not lit well at night and 

normally I would not consider this to be a liability but with the obvious evidence of illegal 

activity and privacy and no lighting I think it is The water is essentially inaccessible at the 

shoreline The beach is comprised of old moss covered concrete slag pours consisting of round 

aggregate river rock and cement which has been eroded exposing the round rocks and making it 

very slippery I had trouble taking the pictures I wanted Also the concrete slopes steeper as it 

nears the water and ends in an overhang Pets and children could fall in and not be able to get out 

without assistance There s far too much privacy at Lower Roto Park None of the surrounding 

residences have a clear line of site to it resulting in a public space where anyone can go and 

break the law without fear of being caught This is unacceptable 

My proposal is for the city to surplus all or part of the unwanted unacceptable Lower Roto Park 

instead of the highly wanted and greatly cared for Ironsides Park Water Reservoir 14 For the 

purpose of discussion allow me to use the tax appraised values mentioned above Surplussing 

Lower Roto Park could produce 236 660 00 of revenue for the parks department 78 820 00 

could and should be used to reimburse the Water Department for its ownership share in 

Ironsides Park Water Reservoir 14 transferring complete ownership to the Parks Department 

The resulting 157 840 00 could be used by the Parks Department to rehire laid off employees 

andor start a buildrepair project helping to stimulate the economy through job growth 

Who loses 

452011


The litterers at Lower Roto Park 

The drug abusers at Lower Roto Park 

The vandalizers and graffiti artists at Lower Roto Park 

Who wins 

The City of Bremerton General Fund 

Surplussmg the Lower Roto Park property and selling it to a private investor with the intent of 

building private single family waterfront view residences would create a stream of property tax 

revenue at the highest residential rateIm guessing l0k to 15k or more in gross yearly tax 

revenue could be created 

Parks Department 

Surplussing the Lower Roto Park property could net the Parks Department 157 840 00 and 

transfer complete ownership of Ironsides Park Water Reservoir 14 to the Parks Department 

getting nd of an unwanted park with many liabilities and gaining a wanted park with great 

neighborhood support 

Water Department 

Surplussmg the Lower Roto Park property and purchasing the remaining interest in the 

Ironsides Park property would net the Water Department78 820 00 filling their coffers for re 

hires or ending furlows or improvements to our water system or a reduction in our fees or save 

it for a rainy day they are the water department after all 

Evergreen Park Neighborhood 

Losing Lower Roto Park is a gain to the neighborhood It is one of the last remaining 

properties from the era when this neighborhood had a problem with drugs Huge strides have 

been made in recent years with the revitalization of this neighborhood The drugs have been 

almost entirely eradicated With the improvements of Evergreen Park better zoning four year 

degrees at OC two large and stable employment centers in PSNS and Harrison and the 

announcement of the extension of the boardwalk this neighborhood is solidly enjoying a bull 

marketlike revival and attracting investors and residents from around the puget sound region 

myself included mercer island and my renters south seattle he works at UW she works for a 

non profit their housemate works at the shipyard Aplus rentersl Surplussmg Lower Roto Park 

and developing waterfront view homes would create a great bookend for the further 

revitalization and gentrification of the deadend street portion of Elizabeth Avenue and beyond 

Manette Neighborhood 

Correctly classifying Ironsides Park would please the residents of Manette greatly It would let 

us know that the city has been listening and understands our vision for our neighborhood We ve 

been fighting with our own time and money for a long time now and have been blmdsided by a 

very serious and unfair health condition to our most inspirational leader We won t give up but 

we sure could use a little bit of good news 

Real Estate Developers and Related Industries 

Even in our economic downturn private waterfront view homes are highly desiredIm sure 

many investors builders laborers agents and buyers would be interested in a surplussed 

waterfront view property What s that it sounds like fob creation around here 

The Bremerton City Council 

First I would like to say Thank You Very MuchI for taking on the challenges of city 

452011


government in these times of great financial turmoilIm sure if you figured out how much time 

you really spend governing our city you d find you make less than minimum wage Thank You 

For Your Sacrifice and Your Example of What True Service IsI 

The council wins by addressing the needs of the citizens of this great and resilient city with a 

progressive approach leading to a winwin result It is a rare event to be able to please residents 

developers commerce park users and bean counters with the same action I believe this 

proposal presents that kind of opportunity for the council In times of budget crisis a sitting 

government doing the right thing often results in a loss of votes leading to a loss of office I 

believe this is the opposite of that situation You all have the chance to do the right thing and 

gain votes and retain office through pleasing two neighborhoods while raising revenues for three 

separate budgets and creating jobs You are the deciders Please decide thoughtfully with a clear 

conscience The council could come out heroes with the correct decision 

Thank you very much for reading my email If I had more time to write it I could have made it 

shorter Ill email the photos I took of Lower Roto Park when I can figure out how to get them 

out of my cel phone 

I love this city 

John Strauss 

452011

Olympic College between 13 and 15 Streets ... - City of Bremerton

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