HomeMy WebLinkAbout2.38 Original Contract
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1999
1023538
Clallam
County
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RETURN ADDRESS:
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
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DOCUMENT TITLE:
LEASE AGREEMENT
REFERENCE NUMBERS OF RELATED DOCUMENTS:
LESSOR (S) :
CITY OF PORT ANGELES
LESSEE (S) :
CLALLAM COUNTY RURAL LIBRARY DISTRICT
NORTH OLYMPIC LIBRARY SYSTEM
(NOLS)
STREET ADDRESS:
PEABODY STREET
ASSESSOR'S PROPERTY TAX PARCEL / ACCOUNT NUMBER
.. .
....
LEASE AGREEMENT
THIS LEASE is made this /q1A...day 0~1999, by and between the City of Port
Angeles, a municipal corporation of the State ofWas~after "City"), as Lessor, and the Clallam
County Rural Library District, commonly known as the North Olympic Library System, a municipal
corporation of the State of Washington (hereinafter "NOLS"), as Lessee.
Representations
1. Since at least 1980, the City has contributed a building within the City limits for the operation
of a public library by NOLS
2. When the existing Port Angeles Library building became inadequate, the City successfully
submitted a bond issue on September 20, 1994, to the Port Angeles voters for the construction of a new
library facility in Port Angeles. The bonds will be paid off November 1, 2015
3. The City constructed the new library on land owned by NOLS, and the parties agreed to
substantially modify and incorporate NOLS adjacent administrative building into the new library structure.
4 The Holy Trinity Lutheran Church has leased parking facilities to NOLS in order to satisfy the
parking requirements for the new Jibrary.
5. Now that the new library project is substantially complete and NOLS is occupying the premises,
the parties have agreed upon the terms of this lease. Under the terms of the bond election ordinance, the
facility must be leased by the City to NOLS at least until the bonds are paid off.
Agreements
For and in consideration of the mutual covenants and promises contained herein, the parties hereby agree
as follows.
1 Premises. The City hereby agrees to lease to NOLS, and NOLS hereby agrees to lease from
City, the following described real property (hereinafter "premises")'
The building and fixtures located on Lot A of short plat SHP 97-01, further described
as Lots 1 through 6 inclusive, Block 22, and Lots 1 and 2, Block 18, Puget Sound
Cooperative Colony's Second Addition, according to plat thereof recorded in Volume
1 of Plats, page 12, together with that portion of vacated alley adjacent to Lots 1 and
2 in said Block 18, located on the southwest corner of Peabody Street and Lauridsen
Boulevard in Port Angeles, Clallam County, State of Washington
2. Term. This lease shall commence on August 1, 1998, and shall terminate on December 31,
2015, unless terminated earlier in accordance with the provisions of this lease or by written agreement of
the parties NOLS shall have the option of either renewing the lease for an additional fifteen years subject
to negotiation of rent and other lease terms or requesting the City to deed the facility to NOLS, which
request the City will not unreasonably deny provided that NOLS has fully and faithfully honored and
complied with the facility maintenance sinking fund requirement as set forth in paragraph 9 of this lease
1
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3 Rent Rent for the premises shall consist of the performance by NOLS of the covenants and
promises contained in this lease.
4. Taxes and Assessments. NOLS shall pay any and all taxes and assessments levied and
assessed upon the property, of any kind whatsoever.
5 Utilities NOLS shall be responsible for and promptly pay for all utilities used on the
premises
6. Purposes and Operation. The premises shall be used for operation of a public library and
for purposes incidental thereto, and for no other purpose whatsoever without the written consent of the City
being obtained prior to commencement of the new use. NOLS shall operate the premises as a full service
library for the citizens of Port Angeles and the general public in accordance with all applicable legal
requirements and shall provide all management, supervision, personnel, materials, equipment and supplies
necessary to library operations and shall properly supervise and direct its employees and other parties
implementing the performance of its duties under this lease and shall be fully responsible for the
performance of such employees and other parties.
7 Alterations and Improvements. NOLS may, at NOLS's sole cost and expense, make such
changes, alterations or improvements as may be necessary to make the premises fit for use as a public
library Structural or mechanical alterations and improvements shall be the responsibility ofNOLS Prior
written consent of the City shall be obtained prior to making any improvements to the building requiring
structural changes, and the City shall provide design and construction management, to be reimbursed by
NOLS, for such changes. Any improvements made at NOLS' sole cost and expense, to the extent that they
may be removed at the termination of this lease, may remain the property of NOLS If they cannot be
removed without damage to the building, then such improvements shall become the property of the City
at the termination of this lease. Should NOLS fail to remove any removable fixtures or improvements at
the termination of this lease, they shall also become the property of the City. Improvements made at the
City's sole cost and expense shall become and remain the property of the City The provision of this section
shall not exclude NOLS and City from jointly making changes, alterations or improvements. Such
improvements shall become and remain property of the City
8. Repair and Maintenance. NOLS represents that it has inspected and examined the premises,
accepts them in their present condition, and agrees that the City shall be required to make only repairs that
are covered by construction warranties. NOLS agrees to make any and all other repairs, including major
structural repairs, at its sole cost and expense and agrees to keep the premises safe and in good order and
condition at all times during the term hereof. The premises shall be maintained by NOLS in a reasonably
prudent manner as necessary to promote the building's normal useful life, including all structures and
equipment necessary to keep the library facility fully operational for the purposes set forth in this lease
Upon expiration of this lease, or any sooner termination thereof, NOLS will quit and surrender possession,
quiet and peaceably and in as good order and condition as the same were at the commencement hereof
unless the City has deeded the facility to NOLS pursuant to paragraph 2
9. Facility Maintenance Sinking Fund NOLS shall establish and maintain a fund sufficient to
provide for maintenance and repair of the facility's major components as may be necessary at the conclusion
of the initial term of this lease, including asphalt paving, floor coverings, metal and membrane roofing, and
2
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HV AC system, NOLS shall appropriate at least $65,510 per year for the seventeen-year lease term into the
. . ' sinking fund, NOLS shall expend such funds only to maintain and/or replace such structural, mechanical,
paving, flooring or other listed elements of the facility and only after the initial term of this lease has
concluded, unless the City has otherwise agreed in writing,
10 Risk of Loss and Property Damage Insurance, NOLS shall remain responsible, during the
term of this lease, for the existence of the buildings constructed on the premises, Should the premises be
destroyed, NOLS shall, at its sole expense, reconstruct the buildings to the same condition as when received
To assure this purpose, NOLS shall obtain and retain in force a property insurance policy in an amount
sufficient to pay for the reconstruction of all or a portion of the premises should they be destroyed and shall
provide adequate proof of either this insurance or other sufficient means to assure payment for
reconstruction of the premises should they be destroyed, Such assurance shall continue to be provided
during the term of this lease,
11, Liability, NOLS shall indemnify and hold the City harmless from any loss or damage that
may arise out of or in any way be connected with this lease, the premises, or the use of the premises by
NOLS or its agents or employees, including personal injury or property damage and will defend the City
against any claim or cause of action brought against the City as a result of personal injury or property
damage arising out of, or in any way connected with, the premises, this lease, or NOLS' use of the premises
12, Liability Insurance, NOLS agrees to deliver to the City upon the execution of this lease
proof of liability insurance written on an occurrence basis and in a form satisfactory to City, insuring against
personal injury, bodily injury and property damage and insuring the indemnification and holding harmless
of the City against any and all claims for personal injury or property damage arising out of this lease, in an
amount of not less than $3,000,000 for injury to anyone person, and $500,000 for property damage NOLS
shall keep proof of this or a similar policy in force during the term of this lease and shall annually provide
proof thereof to City, including proof that the City continues to be a named insured The commercial
general liability policy shall be primary insurance as respect to the City and shall provide that the City shall
be given thirty days' prior written notice of any cancellation, suspension, or material change in coverage
13, Assignment or Mortgage, Neither the premises nor any portion thereof shall be sublet, nor
shall this lease, nor any interest therein be assigned or mortgaged by NOLS without the prior express written
consent of the City,
14, Default by NOLS, In the event that NOLS shall be in default of any of the terms of this
lease, the City may terminate and end this lease upon ninety days' notice, provided, that NOLS may cure
such defect during the period prior to the expiration of the 90-day notice, If such defect is cured, then this
lease shall continue, If such defect is not cured, this lease shall terminate, and NOLS shall surrender the
premises on the date stated in the notice,
15 Notices, Any notices required or permitted to be given under the terms of this lease, or by
law, shall be in writing and may be given by personal delivery or certified mail, directed to the parties at
the following addresses, or such other address as any party may designate in writing prior to the time of the
giving of such notice, or in any other manner authorized by law'
3
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NOLS: North Olympic Library System
c/o Director
2210 S. Peabody Street
Port Angeles, W A 98362
City: City of Port Angeles
c/o City Manager
P.O. Box 1150
Port Angeles, W A 98362
16. Waiver No waiver of any right arising out of a breach of any covenant, term or condition
of this lease shall be a waiver of any right arising out of any other or subsequent breach of the same or any
other covenant, term or condition or a waiver of the covenant, term or condition itself
17. Integration. This lease constitutes a final and complete statement of the agreement between
the parties and fully supersedes all prior agreements or negotiations, written or oral.
18 Dispute Resolution. Any party may demand submission of an alleged breach of the terms
and conditions of this lease to arbitration by written demand to the other party or parties. Each party shall
appoint a neutral and detached person as an arbitrator, and the arbitrators so selected shall agree upon one
additional neutral and detached person to also serve as arbitrator The arbitration shall be conducted under
the rules of the American Arbitration Association This lease shall be interpreted and construed under the
laws of the State of Washington and venue for action concerning this lease shall lie in Clallam County,
Washington The prevailing party in any lawsuit concerning this lease shall be awarded its costs and
attorney's fees.
19. Recording. This lease shall be recorded in the office of the Auditor of Clallam County,
Washington.
IN WITNESS WHEREOF, this lease has been executed the date and year first above written.
CITY OF PORT ANGELES
NORTH OLYMPIC LIBRARY SYSTEM
By ~~~:~y~ A.. .~~
BY~~
, Board President
By 60..~ LJ.cioA..
Becky 1. U n, ty ClerIl -
By /+~Disector
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. State of Washington
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County of Clallam
On this I qtL day of 1999, personally appeared before me Gary Braun and Becky 1.
Upton, to me known t e the yor and City Clerk, respectively, of the City of Port Angeles, the
municipal corporation that executed the within and foregoing Lease Agreement, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said municipal corporation.
"","\~Wi~SS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
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State of Washington )
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County of Clallam )
On this .2gtt... day of 1999, personally appeared before me
Gary L. McLaughlin Stratton, to me known to
be the Board President and Director , respectively, of the North Olympic
Library System, the municipal corporation that executed the within and foregoing Lease Agreement, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that
the seal affixed, if any, is the corporate seal of said municipal corporation,
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written
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A \LI~RY LSE'"
12/18198
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EVIDENCE OF COVERAGE
WASHINGTON GOVERNMENTAL ENTITY POOL
po. BOX 19330, Spokane, WA 99219
Tel. 800-462-8418 or 509/838-0910
Fax 509/747-3875
CERTIFICA TE HOLDER
City of Port Angeles
Post Office Box 1150
Port Angeles, Washington 98362
LlCY NO. 2008-00-070
INSURED / PARTICIPANT
North Olympic Library System
2210 S. Peabody
Port Angeles, Washmgton 98362
NOV 2 9 2007
This is to certIfy that the policies of insurance and memorandum of coverage listed below have been issued to the insured named above for the policy
period mdicated, notwithstanding any requirement, term or condItIOn of any contract or other document WIth respect to which this certificate may be
Issued or may pertain, the coverage afforded by the policIes and memorandum of coverage described herein is subject to all terms, exclusions and
conditIOns of such policies.
EFFECTIVE DATE:
September 1,2007
EXPIRA TION DATE:
August 31, 2008
COVERAGE
Comprehensive General Liability/Auto Liability
Washington Governmental Entity Pool
Company: Government Entities Mutual, Inc.
LIMIT
$
$
500,000
9,500,000
Self-Insured Retention
Per Occurrence
Member Deductible Applies
Property / Mobile Equipment
Washington Governmental Entity Pool
Company: PEPIP Program
Property on File with WGEP
Member DeductIble Applies
Certificate holder is to be shown as additional covered party in respects to the library building located at 2210 South Peabody in Port
Angeles, Washington.
The Evidence of Coverage does not constItute a contract between the issuing insurer(s), authOrized represent
holder, nor does It affirmatIvely or negatively amend, extend or alter the coverage afforded by the poliCIes I e
EOC-2008
AutliorIzed Repre entative
DATE' Tuesday, November 06, 2007
N \RISK MANAGEMENT\Evldence ofCoverage\2008 Yearly Renewals\North OlympiC Library System\North OlympiC Library System - City of Port Angeles-
Yearly doc
~.38
EVIDENCE OF COVERAGE
WASHINGTON GOVERNMENTAL ENTITY POOL
P.O. BOX 19330, Spokane, WA 99219
Tel. 800-462-8418 or 509/838-0910
Fax 509/747-3875
INSURED / PARTICIPANT
North Olympic Library System
2210 S. Peabody
Port Angeles, Washmgton 98362
POLICY NO. 2006-00-070
CERTlFICA TE HOLDER
City of Port Angeles
Post Office Box 1150
Port Angeles, Washington 98362
This IS to certify that the policies of insurance and memorandum of coverage listed below have been Issued to the insured named above for the policy
perIod indicated, notwithstandmg any requirement, term or condition of any contract or other document with respect to which this certificate may be
issued or may pertain, the coverage afforded by the policies and memorandum of coverage described herein is subject to all terms, exclusIOns and
conditions of such polIcies.
EFFECTIVE DATE:
September 1,2005
EXPIRATION DATE:
August 31, 2006
COVERAGE
Comprehensive General Liability/Auto Liability
Washmgton Governmental Entity Pool
Company Government Entities Mutual, Inc.
IllInois Umon Insurance Company
LIMIT
$
$
$
500,000
1,000,000
8,500,000
30,000,000
Self-Insured Retention
Per Occurrence
Per Occurrence
Aggregate Per MemberINo Aggregate on Auto Liability
Member DeductIble Applies
Property / Mobile Equipment
Washmgton Governmental Entity Pool
Company' PEPIP Program
Property on File with WGEP
Member Deductible Applies
Certificate holder is to be shown as additional named party in respects to the library building located at 2210 South Peabody in Port Angeles,
Washington.
The EVidence of Coverage does not constitute a contract between the issumg msurer(s), authorized representatIve or producer, and the certificate
holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the poliCIes ed there n
EOC-2006
N \WINWORD\Kathy\Evidence ofCoverage\2006 Yearly Renewal\North Olympic LIbrary System\Clty of Port Angeles-2005 doc
~.3g
EVIDENCE OF COVERAGE
WASHINGTON GOVERNMENTAL ENTITY POOL
po. BOX 19330, Spokane, WA 99219
Tel 800-462-8418 or 509/838-0910
Fax 509/747-3875
INSURED / PARTICIPANT
North Olympic LIbrary System
2210 S Peabody
Port Angeles, Washmgton 98362
POLICY NO. 2005-00-070
CERTIFICA TE HOLDER
City of Port Angeles
Post Office Box 1150
Port Angeles, Washington 98362
This IS to certify that the poliCIes of insurance and memorandum of coverage lIsted below have been Issued to the insured named above for the policy
perIod mdlcated, notwlthstandmg any requirement, term or condition of any contract or other document with respect to which this certIficate may be
Issued or may pertain, the coverage afforded by the policies and memorandum of coverage described herem IS subject to all terms, exclUSIOns and
condItIOns of such policies
EFFECTIVE DATE:
September 1,2004
EXPIRA TION DATE:
August 31, 2005
COVERAGE
Comprehensive General Liability/Auto Liability
Washmgton Governmental Entity Pool
Company Government Entities Mutual, Inc
AmerIcan International Group
LIMIT
$
$
$
500,000
1,000,000
8,500,000
None
Self-Insured RetentIOn
Per Occurrence
Per Occurrence
Aggregate
Member Deductible ApplIes
Property / Mobile Equipment
Washmgton Governmental EntIty Pool
Company PEPIP Program
Property on FIle with WGEP
Member Deductible ApplIes
Certificate holder is to be shown as additional named party in respects to the library building located at 2210 South Peabody in Port Angeles,
Washington.
The EVIdence of Coverage does not constItute a contract between the Issuing msurer(s), authorized representatIve or producer, and the certIficate
holder, nor does It affirmatIVely or negatIvely amend, extend or alter the coverage afforded by the polICIes ted thereon.
/-
EOC-2005
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N \ WINWORD\Kathy\Evldence of Coverage\2005 Yearly Renewal\North OlympiC LIbrary System\Clty of Port Angeles-2005 doc
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EVIDENCE OF COVERAGE
WASHINGTON GOVERNMENTAL ENTITY POOL
P.O. BOX 19330, Spokane, WA 99219
Tel 800-462-8418 or 509/838-0910
Fax 509/747-3875
INSURED 1 PARTICIPANT
North OlympIc LIbrary System
2210 South Peabody
Port Angeles, Washmgton 98362
POLICY NO. 2004-00-070
CERTIFICATE HOLDER
CIty of Port Angeles
Post Office Box 1150
Port Angeles, Washmgton 98362
ThIs IS to certIfy that the polIcIes of msurance and memorandum of coverage lIsted below have been Issued to the msured named above for the polIcy
perIod mdlcated, notwlthstandmg any reqUIrement, term or condItIOn of any contract or other document wIth respect to whIch thIS certificate may be
Issued or may pertam, the coverage afforded by the polIcIes and memorandum of coverage described herem IS subject to all terms, exclusIOns and
condItIOns of such polIcIes
EFFECTIVE DATE:
September 1, 200~
EXPIRA nON DATE:
August 31,2004
COVERAGE
Comprehensive General Liability/Auto Liability
Washmgton Governmental EntIty Pool
Company Government EntItIes Mutual, Inc
Endurance SpecIalty, Inc
LIMIT
$
$
$
500,000
1,000,000
8,500,000
None
Self-Insured RetentIOn
Per Occurrence
Per Occurrence
Aggregate
Member DeductIble ApplIes
Property 1 Mobile Equipment
Washmgton Governmental EntIty Pool
Company NPX Program
Property on FIle wIth WGEP
Member DeductIble ApplIes
Certificate holder is to be shown as additional named party in respects to the library building located at 2210 South Peabody in Port Angeles,
Washington.
The EVIdence of Coverage does not constItute a contract between the issumg msurer(s), authorIzed representatIve or producer, and the certificate
holder, nor does It affirmatIvely or negatIvely amend, extend or alter the coverage afforded by the polICIes lIsted thereon
EOC-2004
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Ul orlzeu Kepresentatlve0. ----
DATE Monday, July 7,2003
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N \ WINWORD\Kathy\Evldence of Coverage\2004 Yearly Renewal\North OlympIC LIbrary System\Clty of Port Angeles-2004-Check Yearly doc
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EVIDENCE OF COVERAGE
WASHINGTON GOVERNMENTAL ENTITY POOL
P.O BOX 19330, Spokane, WA 99219
Tel 800-462-8418 or 509/838-0910
Fax 509/747-3875
INSURED / PARTICIPANT
North OlympIc LIbrary System
2210 South Peabody
Port Angeles, Washmgton 98362
CERTIFICATE HOLDER
CIty of Port Angeles
Post Office Box 1150
Port Angeles, Washmgton 98362
ThIs IS to certIfy that the polIcIes of msurance and memorandum of coverage lIsted below have been Issued to the msured named above for the polIcy
penod mdlcated, notwlthstandmg any reqUIrement, term or condItIOn of any contract or other document wIth respect to whIch thIs certIficate may be
Issued or may pertam, the coverage afforded by the polIcIes and memorandum of coverage descnbed herem IS subject to all terms, exclusIOns and
condItions of such polIcIes
EFFECTIVE DATE:
September 1, 2002
EXPIRATION DATE:
August 31,2003
COVERAGE
Comprehensive General Liability/Auto Liability
Washmgton Governmental EntIty Pool
Company NPX Program
LIMIT
$
$
250,000
10,000,000
None
Self-Insured RetentIOn
Per Occurrence
Aggregate
Member Deductible ApplIes
Certificate holder is to be shown as additional named party in respects to the library building located at 2210 South Peabody in Port Angeles,
Washington.
The EVIdence of Coverage does not constItute a contract between the Issuing msurer(s), authonzed representatIve or producer, and the certIficate
holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the polIcIes lIsted thereon
EOC-2002
~-------
Authonzed RepresentatIve :::.
DATE Fnday, September 13,2002
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N IWINWORD\KathylEvldence ofCoverage\North OlympIc LIbrary SystemlClty of Port Angeles-2003 doc
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EVIDENCE OF COVERAGE
W ASHINGTON GOVERNMENTAL ENTITY POOL
POBOX 19330, Spokane, W A 99219
Tel 800-462-8418 or 509/838-0910
Fax 509/747-3875
: I V E D
) 2 9 2000
INSURED / PARTICIPANT
North Olympic Library System
2210 South Peabody
Port Angeles, Washmgton 98362
CERTIFICA TE HOLDER
City of Port Angeles
Post Office Box 1150
Port Angeles, Washmgton 98362
TIllS IS to certl1Y that the poliCies of msurance and memorandum of coverage listed below have been Issued to the msured named above for the
policy perIod mdlcated, notwlthstandmg any reqll1rement, term or condItIOn of any contract or other document wIth respect to which this certificate
may be Issued or may pertam, the coverage afforded by the poliCies and memorandum of coverage descrIbed herem IS subject to all terms,
exclusIOns and condItIOns of such poliCies
EFFECTIVE DATE:
September ],2000
EXPIRATION DATE: August 3],200]
LIMIT
$ 250,000 Self-Insured RetentIOn
$ 20,000,000 Per Occurrence
None Aggregate
Member Deductible Applies
$ 250,000 Self-Insured RetentIOn
$ 20.000,000 Per Occurrence
$ 20,250,000 Aggregate
Member Deductible Applies
$ 250,000 Self-Insured RetentIOn
$ 20,000,000 Per Occurrence
$ 20,250,000 Aggregate
Member Deductible Applies
Property on File With WGEP
Member DeductIble Applies
Per Schedule on File With WGEP
Limits on File WIth WGEP
Member DeductIble Applies
$ 100,000 Self-Insured RetentIOn
$ 900,000 Per Occurrence
None Member Deductible
COVERAGE
Comprehensive General Liability/Auto Liability
Washll1gton Governmental EntIty Pool
Company' NPX Program
Employment Practice Liability
Washll1gton Governmental EntIty Pool
Company NPX Program
Public Officials Liability
Washll1gton Governmental EntIty Pool
Company' NPX Program
Property / Mobile Equipment
Washll1gton Governmental Entity Pool
Company NPX Program
Automobile Physical Damage
Washll1gton Governmental Entity Pool
Boiler and Machinery
Washll1gton Governmental EntIty Pool
Company' NPX Program
Employee Dishonest Bond
Washll1gton Governmental Entity Pool
Company NPX program
Certificate holder is to be shown as additional named party in respects to the library building located at 22]0 South Peabody in Port
Angeles, Washington.
EOC-200 I
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AuthOrIzed sentatIve
DA TE Tuesday, September 26, 2000
F \ WINWORD\Kathy\Evldence ofCoverage\North OlympiC Library System\Clty of Port Angeles-200 I doc
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CERTIFICATE OF COVERAGE
W ASHINGTON GOVERNMENTAL ENTITY POOL
POBOX 19330, Spokane, W A 99219
Tel 800-462-8418 or 509/848-0920
Fax 509/747-3875
INSURED / P ARTICIP ANT
North Olympic Library System
2210 South Peabody
Port Angeles, Washington 98362
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DC EO
T 1 1 1999
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CERTIFICATE HOLDER
AttentIOn. Ron Johnson
City of Port Angeles
Post Office Box 1150
Port Angeles, Washmgton 98362
This IS to certIfy that the policIes of msurance and memorandum of coverage listed below have been Issued to the msured named above for the
policy penod mdlcated, notwIthstanding any reqUirement, term or condition of any contract or other document WIth respect to whIch this certIficate
may be Issued or may pertam, the coverage afforded by the polICies and memorandum of coverage descnbed herein IS subJect to all terms,
exclUSIOns and conditIOns of such polICies.
EFFECTIVE DATE:
September 1, 1999
EXPIRA TlON DATE: August 31, 2000
LIMIT
$ 250,000 Self-Insured RetentIOn
$ 10,000,000 Per Occurrence
None Aggregate
Member DeductIble Applies
$ 250,000 Self-Insured RetentIOn
$ 10,000,000 Per Occurrence
$ 10,250,000 Aggregate
Member DeductIble Applies
$ 250,000 Self-Insured Retention
$ 10,000,000 Per Occurrence
$ 10,250,000 Aggregate
Member DeductIble Applies
Property on File With WGEP
Member Deductible ApplIes
Per Schedule on File WIth WGEP
Limits on FIle With WGEP
Member Deductible Applies
$ 100,000 Self-Insured RetentIOn
$ 400,000 Per Occurrence
None Member Deductible
COVERAGE
Comprehensive General Liability/Auto Liability
Washmgton Governmental Entity Pool
Company' GenesIs
Employment Practice Liability
Washington Governmental EntIty Pool
Company: GenesIs
Public Officials Liability
Washington Governmental Entity Pool
Company' GenesIs
Property / Mobile Equipment
Washmgton Governmental Entity Pool
Company: NPX Program
Automobile Physical Damage
Washmgton Governmental EntIty Pool
Boiler and Machinery
Washmgton Governmental Entity Pool
Company. NPX Program
Commercial Blanket Bond
Washington Governmental Entity Pool
Company NPX program
Certificate holder is to be shown as additional named party in respects to the new library building located at 2210 South Peabody in Port
Angeles, Washington.
COI-2000
c:?~~
Auth Re esentatlve
DATE Thursday, October 07,1999
2016-1332741
Page 1 of 2 Quit Claim Deed
Port Angeles City Of
Clallam County Washington 03/28/2016 01:56:41 PM
®III RIF10 310.14 AJ 1l i61�JFAVIjj,�a��I��� ����� i II I
NO
CLALLAM COUNTY
AFTER RECORDING RETURN TO: TRANSACTION EXCISE TAX
Legal Department DATE
City of Port Angeles hAID MAR 2 8 2016
321 E 5th St
AMOUNT-
Port Angeles, WA 98362 COt1 T/r��Y TREA RER
DOCUMENT: QUIT CLAIM DEED
GRANTOR: City of Port Angeles
GRANTEE: Clallam County Rural Library District, commonly known as the North
Olympic Library System
LEGAL The building and fixtures located on Lot A of short plat, Volume 28,
DESCRIPTION: Page 57, further described as Lots 1 through 6 inclusive, Block 22, and
Lots 1 and 2, Block 18, Puget Sound Cooperative Colony's Second
Addition, according to plat thereof recorded in Volume 1 of Plats, page
ASSESSOR'S 12, together with that portion of vacated alley adjacent to Lots 1 and 2
PARCEL NO.: in said Block 18, located on the southwest corner of Peabody Street
and Lauridsen Boulevard in Port Angeles, Clallam County, State of
Washington.
Parcel No. 0630105091500000
QUIT CLAIM DEED
The GRANTOR, CITY OF PORT ANGELES, a municipal corporation, for adequate
consideration, receipt of which is acknowledged pursuant to the Lease Agreement signed by the
parties and adopted by Council on January 19, 1999,does convey and quit claim to the GRANTEE,
Clallam County Rural Library District,commonly known as the North Olympic Library System,the
following described real estate situated in the County of Clallam, State of Washington:
The building and fixtures located on Lot A of short plat,Volume 28,Page 57,
further described as Lots 1 through 6 inclusive, Block 22, and Lots 1 and 2,
Block 18,Puget Sound Cooperative Colony's Second Addition, according to
plat thereof recorded in Volume 1 of Plats,page 12,together with that portion
-1-
of vacated alley adjacent to Lots 1 and 2 in said Block 18, located on the
southwest corner of Peabody Street and Lauridsen Boulevard in Port Angeles,
Clallam County, State of Washington.
Grantor Reserves Easement
The Grantor reserves a permanent easement along the full length of the above-described
property right-of-way for maintenance, repair, and replacement of existing utilities and for
installation, maintenance, repair, and replacement of future utilities.
By accepting this deed,the Grantee agrees that,when Grantor,its heirs and assigns, does any
installation, maintenance,repair,or replacement of utilities,the Grantor's,its heirs and assigns, sole
obligation is to restore the premises to the conditions as they exist. The Grantor,its heir and assigns,
shall have no obligation to repair or restore any improvements made to the premises after the date
this document is executed.
Dated this 7day of February, 2016.
GRANTOR,.CITY OF—PORT ANGELES
By:
/Pat Downie, Mayor
By /' � () l�
Jennifer Veneklasen, City Clerk
STATE OF WASHINGTON )
) ss.
County of Clallam )
On this day of February,2016,before me,the undersigned,a Notary Public in and for the State
of Washington,duly commissioned and sworn,personally appeared PAT DOWNIE and JENNIFER
VENEKLASEN,to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES,
the municipal corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and
purposes therein mentioned, and on oath stated that they are authorized to execute the said
instrument.
C? �1Z4
•
Notary in and for the State of Washin on,
residing at Port Angeles.
My commission expires: 5-a T
-2-
Department of
Revenue
t,A/cshirigturi State
REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt
PLEASE TYPE OR PRINT CHAPTER 82.45 RCW-CHAPTER 458-61 A WAC when stamped by cashier.
'PHIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
(See back of last page for instructions)
El Check box if partial sale of ro crt If multi le owners list percentage of ownership next to name.
Name City of Port Angeles Name Clallam County Rural Library District,commonly known as the
x w North Olympic Library System
04 0
Mailing Address 321 East 5th Street Mailing Address 2210 South Peabody
City/State/Zip Port Angeles,WA 98362 City/State/Zip Port Angeles WA 98362
Phone No.(including area code) (360)417-4536 Phone No.(including area code)
Send all property tax correspondence to:❑✓ Same as Buyer/Grantee List all real and personal property tax parcel account List assessed value(s)
`` (nfu�mbers—check box if pe onalal property
0
Name Exempt (0 �`10�V—1 I )
Mailing Address n
City/State/Zip ❑
Phone No.(including area code) n
Street address of property: 2210 South Peabody
This property is located in Ciallam County
❑Check box if any of the listed parcels are being segregated from another parcel,are part of a boundary line adjustment or parcels being merged.
Legal description of property(if more space is needed,you may attach a separate sheet to each page of the affidavit)
The building and fixtures located on Lot A of short plat,Volume 28,Page 57,further described as Lots 1 through 6 inclusive,Block 22,
and Lots 1 and 2,Block 18,Puget Sound Cooperative Colony's Second Addition,according to plat thereof recorded in Volume 1 of Plats,
page 12,together with that portion of vacated alley adjacent to Lots 1 and 2 in said Block 18,located on the southwest corner of Peabody
Street and Lauridsen Boulevard in Port Angeles,Clallam County,State of Washington.
Parcel No.0630105091500000
Select Land Use Code(s): List all personal property(tangible and intangible)included in selling
Select Land Use Codes price.
enter any additional codes:
(See back of last page for instructions)
YES NO
Was the seller receiving a property tax exemption or deferral under [Z] E]
chapters 84.36,84.37,or 84.38 RCW(nonprofit organization,senior
citizen,or disabled person,homeowner with limited income)?
YES NO If claiming an exemption,list WAC number and reason for exemption:
Is this property designated as tot est land per chapter 84.33RCW? ❑ ❑� WAC No.(Section/Subsection) WAC 458-61A-205
is this property classified as current use(open space,farm and ❑ El
agricultural,or timber)land per chapter 84.34? Reason for exemption
Is this property receiving special valuation as historical property ❑ ❑ TRANSFER OF REAL PROPERTY FROM A GOVERNMENT ENTITY IS
per chapter 84.26 RCW? NOT r^TT^nr^ rcT^Tr rv^cr T*v
Ifany answers are yes,complete as instructed below. Type of Document Quit Claim Deed
(1)NOTICE OFCONTINUANCE(FOREST LAND OR CURRENT USE)
NEW OWNER(S):To continue the current designation as forest land or Date of Document 7/1/13
classification as current use(open space,f'ann and agriculture,or timber)land, Gross Selling Price S 0.00
you must sign on(3)below.The county assessor must then determine if die
land transferred continues to qualify and will indicate by signing below.If the *Personal Property(deduct) S
land no longer qualifies or you do not wish to continue the desilmation or Exemption Claimed(deduct) S
classification,it will be removed and the compensating or additional taxes will
be due and payable by die seller or transferor at the time ofsale.(RCW Taxable Selling Price S 0.00
84.33.140 of RCW 84.34.108).Prior to signing(3)below,you may contact Excise Tax:State $ 0.00
your local county assessor for more infonnation. 0.0050 Local $ 0.00
This land []does ❑does not qualify for continuance. *Delinquent Interest: State S
Local $ -------,_---
DEPUTY ASSESSOR DATE
*Delinquent Penalty $
(2)NOTICE OF COMPLIANCE(HISTORIC PROPERTY) Subtotal $ 0.00
NEW OWNER(S):To continue special valuation as historic property,
sign(3)below.if the new owner(s)does not wish to continue,all *State Technology Fee $ 5.00
additional tax calculated pursuant to chapter 84.26 RCW,shall be due and
payable by the seller or transferor at the time of sale. *Affidavit Processing Fee S 5.00
(3) OWNER(S)SIGNATURE Total Due $ 10.00
PRINT NAME A MINIMUM OF 510.00 IS DUE IN FEE(S)AND/OR TAX
SEE INSTRUCTIONS
I CERTIFY-{NDERPFNALTr19F PERJURY THAT THE FOREGOING IS TRUE AND COR ECT.
Signature of /. Signature of
Grantor or Grantor's Agent Grantee or Grantee's Agent
Name(print) Patrick Downig ayor
Name(print) t_
Date&city of signing: February 25,2016, Port Angeles,WA Date&city of signiruary 25,2016,Port Angeles
Perjury:Perjury is a class C felonry which is punishable by imptsomuent in the state correctional institution for a niaxiniurn temr of not more than live years,or by
a fine in an amount fixed by die court ofnot more than five thousand dollars($5,000.00),or by both imprisonment and fine(RCW 9A.20.020(IC)).
REV 84 0001a(2/24/14) THIS SPACE-TREASURER'S USE ONLY TAXPAYER
INSTRUCTIONS
Note:To report a transfer of a controlling interest in real property,please use the Real Estate Excise Tax Affidavit Controlling Interest Transfer Return,
Revenue Form No.84-000111. This form is available online at http:i/dor.wa.gov.
Section 1:
Enter the name(s)of seller/grantor.This is the person(s)conveying interest in the property.
Section 2:
Enter the name(s)of buyer/grantee.This is the person(s)receiving interest in the property.
Section 3:
•Enter the name and address where you would like all future property tax information sent.
•Enter the tax parcel number and current assessed value for real and personal property being conveyed.Check the box to indicate personal
property.
Section 4:
•Enter the street address of the property.
•Enter the county if in unincorporated area.Enter city name if located within a municipality.
•Enter the legal description of the property.
Section 5:
•Enter the appropriate land use code for the property.Please list all codes that apply on the lines provided in section 5.
See WAC 458-53-030(5)for a complete list.
• 09-Land with mobile home • 23-Apparel and other finished • 33-Primary metal industries • 71-Cultural activities/nature exhibitions
• 10-Land with new building products made from fabrics, • 34-Fabricated metal products • 74-Recreational activities(golf
• I I-Household,single family units leather,and similar materials 35-Professional scientific and controlling courses,etc.)
• 12-Multiple family residence(2-4 Units) 24--Lumber and wood products instruments;photographic and optical 75-Resorts and group camps
• 13-Multiple family residence(5+Units)• (except furniture) goods;watches/clocks manufacturing 80-Water or mineral right
• 14-Residential condominiums 25-Furniture and fixtures • 39-Miscellaneous manufacturing • 81-Agriculture(not in current use)
•
I S-Mobile home parks or courts b 26-Paper and allied products 50-Condominiums-other than residential . 83-Agriculture current use RCW 84.34
•
• 27-Printing and publishing • 53-Retail Trade-general merchandise • 86-Standing Timber(separate from
• l6-Hotels/motels g ( P
• 17-Institutional Lodging(convalescent • 28-Chemicals • 54-Retail Trade-food land)
homes,nursing homes,etc.) ' 29-Petroleum refining and related . 58-Retail trade-eating&drinking 88-Forest land designated RCW 84.33
Land ed l (land d
industries (restaurants,bars) • 91-Undeveloped d onl
• 18-All other residential not coded P ( Y)
• 19-Vacation and cabin ' 30-Rubber and miscellaneous • 59-Tenant occupied,commercial properties . 94-Open space land RCW 84.34
plastic products 64-Repair services
• P • 95-Timberland classified RCW 8434
21-Food and kindred products
31-Leather and leather products . 65-Professional services medical,dental,etc.
• ( ) 96-Improvements on leased land
22-Textile mill products
• 32-Stone,clay and glass products
Section 6:
Indicate whether the property is designated as forest land per chapter 84.33 RCW,classified as current use(open space,farm,agricultural,or
timber)per chapter 84.34 RCW,or receiving special valuation as historic property per chapter 8426 RCW.
Section 7:
• List personal property included in the selling price of the real property.For example,include tangible(furniture,equipment,etc)and
intangible(goodwill,agreement not to compete,etc).
• Use Tax is due on personal property purchased without payment of the sales tax.Use Tax may be reported on your Combined Excise Tax
Return or a Consumer Use Tax Return,both available at http://dor.wa.gov.
• Ifyou are claiming a tax exemption,cite the specific Washington Administrative Code(WAC)number,section and subsection and
provide a brief explanation.Most tax exemptions require specific documentation.Refer to the appropriate WAC to determine
documentation requirements.Chapter 458-61 A WAC is available online at hap:hdor_wa.gov.
• Enter the type of document(quit claim deed,statutory warranty deed,etc.),and date of document(MM/DD/YYYY)
• Enter the selling price of the property.
• Selling price:For tax purposes,the selling price is the true and fair value of the property conveyed.When property is conveyed in an arm's
length transaction between unrelated persons for valuable consideration,there is a presumption that the selling price is equal to the total
consideration paid or contracted to be paid,including any indebtedness.Refer to RCW 82.45.030 for more information about selling price.
• Deduct the amount of personal property included in the selling price.
• Deduct the amount of tax exemption claimed per chapter 458-61A WAC.
• Due Date,Interest and Penalties:Tax is due at the time of sale/transfer.If tax is not paid within one month of the date of sale/transfer,
interest and penalties will apply.The interest rate is variable and determined per RCW 82.32.050.Delinquent penalties are 5%one month
after the due date;10%two months after the due date;and 20%three months after the due date.(RCW 8145.100)
• State Technology Fee:A$5.00 Electronic Technology Fee that is due on all transactions.(82.45.180)
• Affidavit Processing Fee:A minimum of$5.00 shall be collected in the form of tax and processing fee.A processing fee is due on all
transactions where no tax is due and on all taxable transactions where the tax due is less than$5.00.(RCW 82.45.180)
Section 8:
Both grantor(seller)and grantee(buyer),or the agent of each,must sign this form,certifying that all the information provided is correct.Note:
Original signatures required on the"County Treasurer"copy.Signatures may be required on the"Assessors"copy.Check with your county.
Where to send completed forms:
Completed forms should be submitted to the County Treasurer's or Recorder's Office where the property is located.
Audit:
Information you provide on this form is subject to audit by the Department of Revenue.Underpayments of tax will result in the issuance of a tax
assessment with interest and penalties.Note:in the event of an audit,it is the taxpayers'responsibility to provide documentation to support the
selling price or any exemption claimed.This documentation must be maintained for a minimum of four years from date of sale.(RCW
82.45.100)
Ruling requests:
You may request a predetermination of your tax liability.The written opinion will be binding on both you and the Department based on the facts
presented(WAC 458-20-100(9)).Send your ruling request to:
Department of'Revenue
Taxpayer Information&Education
P.O.Box 47478
Olympia,WA 98504-7478
FAX(360)705-6655
For tax assistance,contact your local County Treasurer/Recorder or visit http:/Idor.wa.gov or call(360)570-3265.To request this document in an alternate formal,please call
1-800-647-7706.Teletype(TTY)users may use the Washington Relay Service by calling 711.
REV 84 0001a inst.(2/24/14)
1999
1023539
Clallam
County
~'I.:_U"li:i'll(hl' 'I' /"1 I
'-' ..,' n 11_ ~....IJ::';!
e!? d ~
1~
'0_ 1I_
RETURN ADDRESS:
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
h".((!fR'o"W+ I of tA
,1:.oJ ED IH~~OS/C(;\lLAI1 err
99FEf3-~ PF13:02
, . "2
, <, I \ 'I ...::::2
I\/:r, r Ii': ;'-Y;~"'UDITOR
CLi\~1f;:JI'~ IY. WASH.
BY - F--OEPUTY
DOCUMENT TITLE:
TERMINATION OF LEASE AGREEMENT
CARNEGIE LIBRARY
REFERENCE NUMBERS OF RELATED DOCUMENTS:
LESSOR (S) :
CITY OF PORT ANGELES
LESSEE (S) :
CLALLAM COUNTY RURAL LIBRARY DISTREICT
NORTH OLYMPIC LIBRARY SYSTEM
STREET ADDRESS:
LINCOLN STREET
ASSESSOR'S PROPERTY TAX PARCEL / ACCOUNT NUMBER
.. ~
-<"
TERMINATION OF LEASE
,AI-C . This termination of the Jlj9#JP, 1984 lease agreement for the former Carnegie Library IS made thIS
J~ay ofc-}'dA. , ~~)Jlnd between the City of Port Angeles, a municipal corporation of the
State of W a~ereafter "City"), as Lessor, and the Clallam County Rural Library District,
commonly known as the North Olympic Library System, a municipal corporation of the State of
Washington (hereafter "Library"), as Lessee
Now that the parties have cooperated in the financing and construction of a new library in Port
Angeles, the City and Library hereby agree that the lease of the old library building can and shall be
terminated effective August 31, 1998
IN WITNESS WHEREOF, this termination of lease has been executed the date and year first above written
CITY OF PORT ANGELES
NORTH OLYMPIC LIBRARY SYSTEM
By ~~n~~~
By
~I't~
G...,y t., /lfc~l.J,... , Board PresIdent
By At2~ l!:pt:or..
Becky J Up , Y Clerk
By
, Director
State of Washington )
) ss,
County of Clallam )
, ~ ./11~
On thIS Iqilv day of tt.11.U~ ' ~ personally appeared before me Gary Braun and Becky J
Upton, to me known be the ayor and City Clerk, respectively, of the City of Port Angeles, the
municipal corporation that executed the within and foregoing Termination of Lease, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that'they were authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said municipal corporation,
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first al?Q.ve written
\ \-"" 11',4 ,
,'-\ " ., , ,r. "
~~ ,........ '" ,," I _ " ;.' fJ / "_
, () ':' .,' , I" ''\"\ ".
: "'''~ I' ,)- I r .,- \ ""
; ;,:., ~,JI .J ',~::
-= .~:.;. (,J"..:_;'"ot ~ _h ~; ~ 1. -:
;.," ~ ...._~t< (j I : .:, -
.....' -:':';"':'~<' c ~'.i ! ~::,:.<.::,., ./
'. ',,', (' 0 . n" . .
'. .,"- \//,,' - ..._.. I, ,..'
'I":l:.';~,t,',\"" ~~I.~. "
1
" -
.
State of Washington )
) ss
County of Clallam )
On this ~g6t day of a~ ' 1998, personally appeared before me
(:;/~~~;5:ty,:~~d and ,respectively; ofilie~:~ ~~;P:~
Library System, the municipal corporation that executed the within and foregoing Termination of Lease
Agreement, and acknowledged said instrument to be the free and voluntary act and deed of said corporatIOn,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation
C \OFFICE\WPWIN\WPDOCSIHOLDING\TERMIN LSA
2
..-'
~. 5g 1'~
1023537
Clallam
County
/ ~J.-U.J r ,-,' I-...:t,i!hi; .)./ 111:" J,Llh.t.'jJ
1999
, ,
I' OF.. CLfA 6,f t4
r '"' ~ H -...
"', I.'" ~ j.!l ......... . __.L.....~
'-' J 'LiI_J Hi .EC~'r,D;,,/I,LALlAt'1 CO
RETURN ADDRESS:
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
99 FEB -3 Pl1 2: 59
\' ~ P\(~':" .3
~ h:~ I; r~~._<~ f r', i~:~A~;oTTOR-"-
~~~NT;~~~S:.
DOCUMENT TITLE:
TERMINATION OF LEASE AGREEMENT
PARKING FACILITY
REFERENCE NUMBERS OF RELATED DOCUMENTS:
LESSOR (S) :
CITY OF PORT ANGELES
LESSEE (S) :
CLALLAM COUNTY RURAL LIBRARY B~~~E~~;c-;r
NORTH OLYMPIC LIBRARY SYSTEM
STREET ADDRESS:
LINCOLN STREET
ASSESSOR'S PROPERTY TAX PARCEL / ACCOUNT NUMBER
<' .
....
TERMINATION OF LEASE AGREEMENT
This termination of the June 5, 1990 parking facility lef1.;~~reement associated with the former
Carnegie Library is made this ~ay of~ .J..9W, 'by ahd between the City of Port Angeles,
a municipal corporation of the State of W asill~on (hereafter "City"), as Lessor, and the Clallam County
Rural Library District, commonly known as the North Olympic Library System, a municipal corporation
of the State of Washington (hereafter "Library"), as Lessee.
Now that the parties have cooperated in the financing and construction of a new library in Port
Angeles, the City and Library hereby agree that the parking lease for the old library building can and shall
be terminated effective August 31, 1998
IN WITNESS WHEREOF, this termination of lease agreement has been executed the date and year first
above written
CITY OF PORT ANGELES
NORTH OLYMPIC LIBRARY SYSTEM
By ~~A~"__
By ~/'t~
(;.0(',/ ,-. "'''~~e.kt1l , Board President
By ~~1P,&: .J.)doA
Becky J Upt , Ci Clerk 1
By
, Director
State of Washington )
) ss
County of Clallam )
/79'/
On thIS Iffttu day of ~ t99S; personally appeared before me Gary Braun and Becky J
Upton, to me known be the M yor and City Clerk, respectively, of the City of Port Angeles, the
municipal corporation that executed the within and foregoing Termination of Lease Agreement, and
acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for
the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first aboye written.
\. \.JS 8"
, _J v............. ')f('l .
". 0i"i::lt~f(ltl ". ~.( .
_ .,,:,~.~~;\ftTti3 _,~ /j .f.
_: 0.. ~/ ~.>; ,..;~o ,. :'~ '-:.." r-' .
- . ,\, 1;: () ,. ~'::O ;
i ,< : :; ~",;" ___;";f.. ",~ i " . ~
_~l'(: f"'''
; ',. ,1'1: /. r \...,. i\t ~j.t./J
. : .... " '\ ,) 'l,. . ,.:;.I'~/ ::
-:. 't' . I' t~ o>~... ("....' :
,', ,> . '<-'0';':'0":' I, ,
",~.! ~'~."1f',,:, .:................ ~'J~. .....
f:_:1;.I1~,. ,\~jr""'" \\\\1",,'"
ri...::r:~~"J,f~, .. .;~ "e\;~';:';' ~~\~".
<.;.r;,j,l,../"Jln1fH,f't't
No
residing at
My commission expire
1
. .
.'
...
State of Washington )
) ss
County of Clallam )
On this dt' day of Y~J~-f-.- , 1998, personally appeared before me
~~~~6: ~t; and , to me known to
be th6 . ~ and , -i'€spectiv€lly; of the North Olympic
Library System, the municipal corporation that executed the within and foregoing Termination of Lease,
and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and
that the seal affixed, if any, is the corporate seal of said municipal corporation
No~a~ PUblim ~ ate of Washington
resldmg at .AJ~
My commi~sion expires ~ dY~Dm
2
. .
~~L ~ eft. ::,~
0( ~~-fl ~~ -
CITY OF PORT AN6E'LEf/"u XJ~
321 East Fifth Street. PO Box 1150
PUBLIC \YORKS Port Angeles. Washington 9::\362-1150
Phone (360) 417-4805
Fax (360) 417 -4609
TTY Phone (360) 417 -4645
e-mail papwdept@olympu<; net
August 19, 1998
Mr. George Stratton
NOLS
2210 South Peabody Street
Port Angeles, WA 98362
RE: Library Lease and Termination of Old Leases
Dear George:
Congratulations on a great library dedication on Sunday. The public appeared to be
happy with the new facility.
As I mentioned over the phone, we need to clean up the paperwork relative to the
termination of old leases and execute a lease for the new facility. The Real Estate
Committee of the City Council reviewed the enclosed lease for the new facilities and
the lease terminations for the old facility. These documents are forwarded for
consideration and approval by the NOLS Board at your meeting on August 27th.
In addition, we request that the $400,000, stipulated in the Interlocal Agreement for the
restoration of the old Carnegie Library, be forwarded to the City as soon as possible so
that we may pay for expenses related to the restoration of the old Carnegie LIbrary.
"\ "'
Very !tru,~%urs,
! 'J
-(J"~
f1ckY>lTtis, P.E.
, Director 'of Public Works
JNP IP
Attachment Termination of old library lease
Termination of old library parking lot lease
Lease Agreement for new library facilities at Peabody St and Blvd
Copies City Manager
Disk N \PROJECTS\94-19L1B\CORRESP\NOLS\LEASES 898
File' Library 94-19
LEASE AGREEMENT
THIS LEASE is made this day of , 1998, by and between the City of Port
Angeles, a mUOlcipal corporatIon of the State ofWashmgton (heremafter "City"), as Lessor, and the Clallam
County Rural Library DistrIct, commonly known as the North Olympic Library System, a mUnIcipal
corporatIOn of the State of Washington (hereinafter "NOLS"), as Lessee
RepresentatIOns
1 Smce at least 1980, the City has contributed a building within the City limits for the operation
of a public library by NOLS.
2 When the existing Port Angeles Library building became inadequate, the City successfully
submitted a bond issue on September 20, 1994, to the Port Angeles voters for the construction of a new
library facility in Port Angeles. The bonds will be paid off November 1, 2015.
3 The City constructed the new library on land owned by NOLS, and the parties agreed to
substantially modify and incorporate NOLS adjacent administrative building into the new library structure.
4. The Holy Trinity Lutheran Church has leased parking facilities to NOLS in order to satisfy the
parking requirements for the new library.
5. Now that the new library project is substantially complete and NOLS is occupying the premises,
the parties have agreed upon the terms of this lease.
Agreements
For and in consideration of the mutual covenants and promises contained herein, the parties hereby agree
as follows:
1 Premises. The City hereby agrees to lease to NOLS, and NOLS hereby agrees to lease from
City, the following described real property (hereinafter "premises"):
The building and fIxtures located on Lot A of short plat SHP 97-01, further described
as Lots 1 through 6 inclusive, Block 22, and Lots 1 and 2, Block 18, Puget Sound
Cooperative Colony's Second Addition, according to plat thereof recorded in Volume
1 of Plats, page 12, together with that portion of vacated alley adjacent to Lots 1 and
2 in said Block 18, located on the southwest comer of Peabody Street and Lauridsen
Boulevard in Port Angeles, Clallam County, State of Washington.
2 Term. This lease shall commence on August 1, 1998, and shall terminate on December 31,
2015, unless terminated earlier in accordance with the provisions of this lease or by written agreement of
the partIes, provided that NOLS shall have the option of renewing the lease for an additional fIfteen years
subject to negotiation of rent and other lease terms.
1
3 Rent. Rent for the premises shall consist of the performance by NOLS of the covenants and
promIses contained in this lease
4 Taxes and Assessments NOLS shall pay any and all taxes and assessments levied and
assessed upon the property, of any kind whatsoever
5 UtilIties NOLS shall be responsible for and promptly pay for all utilitIes used on the
premIses
6 Purposes and Operation The premIses shall be used for operatIOn of a public library and
for purposes incidental thereto, and for no other purpose whatsoever without the written consent of the City
being obtamed prior to commencement of the new use NOLS shall operate the premIses as a full service
library for the citIzens of Port Angeles and the general public in accordance with all applicable legal
requirements and shall provide all management, supervision, personnel, materials, equipment and supplies
necessary to library operations and shall properly supervise and direct its employees and other parties
Implementing the performance of its duties under this lease and shall be fully responsible for the
performance of such employees and other parties
7 Alterations and Improvements. NOLS may, at NOLS's sole cost and expense, make such
c,hanges, alterations or improvements as may be necessary to make the premises fit for use as a public
library Structural or mechanical alterations and improvements shall be the responsibility ofNOLS. Prior
written consent of the City shall be obtained prior to making any improvements to the building requiring
structural changes, and the City shall provide design and construction management, to be reimbursed by
NOLS, for such changes. Any improvements made at NOLS' sole cost and expense, to the extent that they
may be removed at the termination of this lease, may remain the property of NOLS If they cannot be
removed without damage to the building, then such improvements shall become the property of the City
at the termination of this lease. Should NOLS fail to remove any removable fixtures or improvements at
the termination of this lease, they shall also become the property of the City. Improvements made at the
City's sole cost and expense shall become and remain the property of the City The provision of this section
shall not exclude NOLS and City from jointly making changes, alterations or improvements. Such
improvements shall become and remain property of the City.
8. Repair and Maintenance. NOLS represents that it has inspected and examined the premises,
accepts them in their present condition, and agrees that the City shall be required to make only repairs that
are covered by construction warranties. NOLS agrees to make any and all other repairs, including major
structural repairs, at its sole cost and expense and agrees to keep the premises safe and in good order and
condition at all times during the term hereof The premises shall be maintained by NOLS in a reasonably
prudent manner as necessary to promote the building's normal useful life, including all structures and
eqUIpment necessary to keep the library facility fully operational for the purposes set forth in this lease.
Upon expIration of this lease, or any sooner termination thereof, NOLS will quit and surrender possession,
quiet and peaceably and in as good order and condition as the same were at the commencement hereof
NOLS shall establish and maintain a fund sufficient to provide for maintenance and repair of the facility
and its components, including but not limited to the roof and mechanical and electrical systems.
9 Risk of Loss and Property Damage Insurance. NOLS shall remain responsible, during the
term of thIS lease, for the existence of the buildings constructed on the premises. Should the premises be
destroyed, NOLS shall, at its sole expense, reconstruct the buildings to the same condition as when received. To assure this purpose, NOLS shall obtam and retain in force a property insurance policy in an amount
2
sutIicient to pay for the reconstruction of all or a portion of the premises should they be destroyed and shall
provide adequate proof of either this insurance or other sufficient means to assure payment for
reconstructIOn of the premises should they be destroyed. Such assurance shall continue to be proVIded
during the term of this lease.
10. LIability. NOLS shall indemnify and hold the City harmless from any loss or damage that
may anse out of or In any way be connected with this lease, the premIses, or the use of the premises by
NOLS or Its agents or employees, including personal injury or property damage and will defend the City
agaInst any claim or cause of action brought against the City as a result of personal injury or property
damage arising out of, or in any way connected with, the premises, this lease, or NOLS' use of the premises
11 Liability Insurance. NOLS agrees to deliver to the City upon the executIOn of this lease
proof of liability insurance written on an occurrence basis and in a form satisfactory to City, insuring against
personal InjUry, bodily injury and property damage and insuring the indemnIfication and holding harmless
of the CIty against any and all claims for personal injury or property damage arising out of this lease, in an
amount of not less than $3,000,000 for ifiJury to anyone person, and $500,000 for property damage. NOLS
shall keep proof of this or a similar policy In force during the term of this lease and shall annually proVIde
proof thereof to City, including proof that the City continues to be a named insured The commercIal
general liability policy shall be primary insurance as respect to the City and shall provide that the City shall
be given thirty days' prior written notice of any cancellation, suspension, or material change in coverage.
12 Assignment or Mortgage. Neither the premises nor any portion thereof shall be sublet, nor
shall this lease, nor any interest therein be assigned or mortgaged by NOLS without the prior express written
consent of the City.
13. Default by NOLS. In the event that NOLS shall be in default of any of the terms of this
lease, the City may terminate and end this lease upon ninety days' notice, provided, that NOLS may cure
such defect during the period prior to the expiration of the 90-day notice If such defect is cured, then this
lease shall continue. If such defect is not cured, this lease shall terminate, and NOLS shall surrender the
premIses on the date stated in the notice.
14. Notices Any notices required or permitted to be given under the terms of this lease, or by
law, shall be in writing and may be given by personal delivery or certified mail, directed to the parties at
the following addresses, or such other address as any party may deSIgnate in writing prior to the time of the
giving of such notice, or in any other manner authorized by law.
NOLS. North Olympic Library System
c/o Director
2210 S. Peabody Street
Port Angeles, W A 98362
City: City of Port Angeles
c/o City Manager
PO. Box 1150
Port Angeles, W A 98362
15 Waiver. No waiver of any right arising out of a breach of any covenant, term or conditIOn
of this lease shall be a waiver of any right arising out of any other or subsequent breach of the same or any
other covenant, term or condition or a waiver of the covenant, term or condition itself.
16 Integration. This lease constitutes a final and complete statement of the agreement between
the partIes and fully supersedes all prior agreements or negotiations, written or oral.
3
'.
17 Dispute Resolution. Any party may demand submission of an alleged breach of the terms
and conditions of this lease to arbitration by written demand to the other party or parties Each party shall
appoint a neutral and detached person as an arbitrator, and the arbitrators so selected shall agree upon one
additional neutral and detached person to also serve as arbitrator The arbitration shall be conducted under
the rules of the American ArbitratlOn Association This lease shall be interpreted and construed under the
laws of the State of Washington and venue for action concerning this lease shall lie in Clallam County,
Washmgton. The prevailing party in any lawsuit concernmg this lease shall be awarded its costs and
attorney's fees.
18 Recording. This lease and the exhibits thereto shall be recorded in the office of the Auditor
of Clallam County, Washington.
IN WITNESS WHEREOF, this lease has been executed the date and year first above written
CITY OF PORT ANGELES
NORTH OLYMPIC LIBRARY SYSTEM
By
By
Gary Braun, Mayor
, Board President
By
By
Becky J. Upton, City Clerk
, Director
State of Washington )
) S5.
County of Clallam )
On this day of , 1998, personally appeared before me Gary Braun and Becky 1.
Upton, to me known to be the Mayor and City Clerk, respectively, of the City of Port Angeles, the
municipal corporation that executed the within and foregoing Lease Agreement, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentIoned, and on oath stated that they were authorized to execute said instrument and that !the seal
affixed, if any, is the corporate seal of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary Public in and for the State of Washington
residing at
My commission expires:
4
"
TERMINATION OF LEASE AGREEMENT
This termmation of the June 5, 1990 parking facility lease agreement associated with the former
CarnegIe Library IS made this _ day of , 1998, by and between the City of Port Angeles,
a municipal corporation of the State of Washington (hereafter "City"), as Lessor, and the Clallarn County
Rural Library District, commonly known as the North Olympic Library System, a municipal corporation
of the State of Washington (hereafter "Library"), as Lessee,
Now that the parties have cooperated in the fmancing and construction of a new library m Port
Angeles, the City and Library hereby agree that the parking lease for the old library building can and shall
be terminated effective August 3 1, 1998.
IN WITNESS WHEREOF, this termination of lease agreement has been executed the date and year first
above written.
CITY OF PORT ANGELES
NORTH OLYMPIC LIBRARY SYSTEM
By
By
Gary Braun, Mayor
, Board President
By
By
Becky 1. Upton, City Clerk
, Director
State of Washington )
) ss.
County of Clallarn )
On this day of , 1998, personally appeared before me Gary Braun and Becky J
Upton, to me known to be the Mayor and City Clerk, respectively, of the City of Port Angeles, the
municipal corporation that executed the within and foregoing Termination of Lease Agreement, and
acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for
the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation '
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary Public in and for the State of Washington
residing at
My commission expires:
1
'.
State of Washington )
) ss,
County of Clallam )
On this day of , 1998, personally appeared before me
~ ,~~~~~
be the and , respectively, of the North Olympic
Library System, the municipal corporatIOn that executed the within and foregoing Termmation of Lease
Agreement, and ac~owledged said instrument to be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written
Notary Public in and for the State of Washington
residing at
My commission expires:
C:\OFFICE\WPWlN\WPDOCSIHOLDING\TERMIN.LSA
2
TERMINA nON OF LEASE
This termination of the June 20, 1984 lease agreement for the former Carnegie Library is made this
_ day of , 1998, by and between the City of Port Angeles, a mUnIcipal corporatIOn of the
State of Washington (hereafter "City"), as Lessor, and the Clallam County Rural Library District,
commonly known as the North Olympic Library System, a municipal corporation of the State of
Washington (hereafter "LIbrary"), as Lessee
Now that the parties have cooperated in the financing and constructIOn of a new lIbrary in Port
Angeles, the City and Library hereby agree that the lease of the old library building can and shall be
terminated effective August 31, 1998.
IN WITNESS WHEREOF, this termination of lease has been executed the date and year first above written
CITY OF PORT ANGELES
NORTH OLYMPIC LIBRARY SYSTEM
By
By
Gary Braun, Mayor
, Board President
By
By
Becky 1. Upton, City Clerk
, Director
State of Washington )
) ss.
County of Clallam )
On this day of , 1998, personally appeared before me Gary Braun and Becky 1.
Upton, to me known to be the Mayor and City Clerk, respectively, of the City of Port Angeles, the
municipal corporation that executed the within and foregoing Termination of Lease, and acknowledged said
instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal
affixed, if any, is the corporate seal of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary Public in and for the State of Washington
residing at
My commissi.on expires.
,~
State of Washington )
) ss.
County of Clallam )
On this day of , 1998, personally appeared before me
and , to me known to
be the and , respectively, of the North Olympic
Library System, the municipal corporation that executed the within and foregoing Termination of Lease,
and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and
that the seal affixed, if any, is the corporate seal of said municipal corporation.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year
first above written
Notary Public in and for the State of Washington
residing at
My commission expires:
C \OFFICE\WPWIN\WPDOCS\HOLDING\TERMIN LSE
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W A 5 H I N G TON, U, 5, A.
CITY MANAGER'S OFFICE
February 16, 1999
Mr. George Stratton
Executive Director
North Olympic Library System
2210 So. Peabody Street
Port Angeles, W A 98362
Re: Recorded Lease / Termination of Lease Agreements
Dear George:
Attached for your files are copies of the following recorded documents:
~
Termination of Lease Agreement - Carnegie Library
~ Termination of Lease Agreement - Parking Facility
~ Lease Agreement between City of Port Angeles & North Olympic Library System
If! can be of any further assistance, please feel free to contact me. I can be reached at
417-4634.
Sincerely your,s,
~~
Becky J. Upton, CMC
City Clerk/Management Assistant
Enclosures
321 EAST FI FTH STREET · P. 0 BOX 1 150 · PORT ANGELES, WA 98362-0217
PHON E. 360-417-4500. FAX, 360-417-4509. TTY: 360-417c4645
E-MAIL: CITYMGR@CI.PORT-ANGELES.WA.US
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~ORTANGELES
WAS H I N G TON, U. S. A.
City Clerk's Office
November 1, 2007
Paula Simpson Barnes
Library DIrector
North Olympic Library System
2210 S. Peabody Street
Port Angeles, W A 98362
Re: EVIdence of Insurance Coverage
Dear Paula,
May I take this opportumty to welcome you to the Port Angeles community. I'm sure
you'll love living in this beautiful area!
The purpose of my letter relates to the Lease Agreement between the City of Port Angeles
and the North Olympic Library System, dated January 19, 1999. Within the language of
the lease agreement, there is a requirement that the NOLS must deliver annual proof of
liability insurance at specified levels and must name the City as an additional insured. I
note that the City has not received a current CertIficate of Insurance. . As a matter of fact,
the last certIficate was for coverage effectIve as of September 1, 2005, with an expiration
date of August 31, 2006.
Please contact your insurance carrier and ask that the City of Port Angeles be provided
with proof of insurance on an annual basis. Thank you very much for your assistance!
Sincerely yours,
~~
City Clerk
Phone' 360-417-4634 / Fax. 360-417-4609
Website: www.cltyofpa.us / Email cltyclerk@cltyofpa us
321 East Fifth Street ~ PO. Box 1150/ Port Angeles, WA 98362-0217
cX.:3g
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Memorandum
June 8, 1992
TO: Yvonne Ziomkowski, Accounting Manager
FROM: Becky J. Upton, City Clerk~
SUBJECT: Lease of Library Parking Lot
The City presently has a lease agreement with North Olympic Library Systems whereby the City
leases the parking lot due north of the Library to the NOLS. According to the terms of the
agreement, the City was to complete the construction of the lot and then serve notice of
completion upon the Library.
Once that notice has been served, the Library is to commence making annual payments to the
City in the amount of $5,000 per year. The City served such notice on the Library as of May
7, 1992, and payment was received today in the amount of $5,000. The annual payment will
be due on May 7 of each year for a period of ten (10) years, unless other contractual
arrangements are made. Please arrange for Accounting to invoice the North Olympic Library
System as set forth above.
The invoices can be sent to:
George Stratton
North Olympic Library System
2210 South Peabody
Port Angeles, W A 98362
Thank you for your assistance!
--
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U-1...
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-
CITY OF PORT ANGELES
~~i= .-i.i:~;"-~~~
321 E FIFTH · PO BOX 1150
PHONE (206) 457-0411
PORT ANGELES, WASHING10N 98362
FAX (206) 452-0353
May 7, 1992
George stratton
North Olympic Library System
2210 S. Peabody
Port Angeles, WA 98362
RE: Library Parking Lot
Dear George:
On Tuesday, May 5, 1992, the City Council accepted the work as
completed for the Library Parking Lot.
During our telephone conversation in April, you expressed some
concerns about the use of the lot (it is already filled with cars
that park all day), and if there were certain things the City could
assist with:
1. Striping: This was done as part of the contract.
2. Signage.
3. Maintenance, i.e., litter pick up, etc.
4. Patrol for unauthorized parking.
Unlike city owned and controlled downtown public parking lots, the
City has no authorization to patrol or control parking in lots such
as the library's parking lot. We have made an estimate of cost for
signage and proposed placement to make the general public aware
that the lot is for library patrons. This estimate is enclosed for
your information and use.
In accordance with the lease agreement of June 3, 1990, the Library
is responsible for the repair and maintenance of the lot as well as
the signage and restrictions on usage.
If we can be of further assistance, please contact me.
Sincerely,
N.
orks
enc.: Lease Agreement
Sign Estimate
NOLS.KDR
WASHINGTON GOVERNMENTAL ENTITY POOL
P. O. BOX 2150
SPOKANE, WASHINGTON 99210
c:<. !)~
INSURED/PARTICIPANT
NORTH OLYMPIC LIBRARY SYSTEM
2210 SOUTH PEABODY
PORT ANGELES, WA 98362
CERTIFICATE OF INSURANCE
THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NO AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
CERTIFICATE HOLDER
--...., CITY OF PORT ANGELES
C/O CITY CLERKS OFFICE
321 EAST FIFTH
PORT ANGELES, WA 98362
WGEP 070
D @i:@[gO\Y7[g n
SEP I I 1991 U
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE BELOW HAVE BEEN ISSUED TO THE INSURED N
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
POLICY OATH: 09/01/91
~Y: 09/01/92
T .'J1IrIIR
-L
Comprehensive General Liability/Auto Liability
Company:
Company:
Washington Governmental Entity Pool
united National Insurance Co.
Policy No. XTP 34276
$ 250,000 Per Occurrence
2,000,000 Per Occurrence
Public Officials Liability
Company:
Company:
Washington Governmental Entity Pool
united National Insurance Co.
Policy No. XTP 34276
$ 250,000 Per Occurrence
2,000,000 Per Occurrence
Property
Company:
Company:
Washington Governmental Entity Pool
Royal Insurance Company
Policy No. TBD
Replacement Cost Property on File with company
less $1,000 Deductible
Boiler and Machinery
Company:
Company:
Washington Governmental Entity Pool
Kemper Insurance Company
Policy No.3X025361-00
Limits on File with WGEP
Less Policy Deductible Per Occurrence
Automobile Physical Damaqe
Company: Washington Governmental Entity Pool
Per Schedule on File with WGEP
less Deductible
Crime
Company: Washington Governmental Entity Pool
$ 100,000 Employee Dishonesty (commercial Blanket)
$ 100,000 Loss Inside the Premises
$ 100,000 Loss outside the Premises
CERTIFICATE HOLDER ADDED AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO PARKING AREA LOCATED AT LOTS 11 AND 12, BLOCK 30, NORMAN
R. SMITH'S SUBDIVISION OF THE TOWNSITE OF PORT ANGELES, VOLUME K OF DEEDS, PAGE 1.
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
M.o~.n'~. c.~, Atu-
DATE: 9/ 6/91
cert.1 (5/91)
O~ "ORT 41\'Q
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CITY OF PORT ANGELES
321 EAST FIFTH ST POBOX 1150 PORT ANGELES WASHIl\,GTON 9H'W.'
PHONE (206) 457-0411
June 8, 1990
Jacklyn LaRue
President, Board of Trustees
North Olympic Library System
2210 S. Peabody
Port Angeles, WA 98362
Dear Ms. LaRue:
Enclosed is a fully executed copy of the lease agreement
between the City of Port Angeles and NOLS as authorized by the City
Council at their regular meeting of June 5, 1990.
I am requesting that, per section 12 of said agreement, proof
of public liability and property damage insurance policy, in an
amount of not less than Five Hundred Thousand Dollars ($500,000)
for injury to one person and One Hundred Thousand Dollars
($100,000) for property damage, be provided as soon as possible.
If you have any questions or concerns regarding this matter,
feel free to contact me at 457-0411 ext. 118.
(~cerely , ~ J '/
/J1 "~l-C<<;;j~2Jr~L
Michelle Maike -
----
Enclosure
cc: C. Knutson, City Attorney
~
LEASE AGREEMENT
THIS LEASE is made this ~~ day of ~~ , 1990, by and
between the City of Port Angeles, a munic~pal corporation of the State
of Washington (hereinafter "City"), as t~ssor, and the Clallam County
Rural Library District, commonly known as the North Olympic Library
System, a municipal corporation of the State of Washington (herein-
after "Library"), as Lessee.
REPRESENTATIONS
1. Library is in need of additional parking for its Port Angeles
branch, the premises of which are leased by the Library from the
City.
2. ci ty is in the process of acquJ.rJ.ng property adj acent to the
Library's Port Angeles branch premises and developing the
property for the purpose of leasing it to the Library as a
parking lot.
3. Library is willing to reimburse the City for the improvements
necessary to develop the property into a parking lot, as such
reimbursement is set forth in the following lease provisions.
AGREEMENTS
FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES
HEREIN, IT IS AGREED BY THE PARTIES AS FOLLOWS:
1. PREMISES. City hereby agrees to lease to Library, and Library
hereby agrees to lease from City, the following described real
property (hereinafter "premises"):
Lots 11 and 12, Block 30, Norman R. smith's subdivision of
the Townsite of Port Angeles, Volume K of Deeds, page 1.
2. TERM. The term of this lease shall be for a period of ten (10)
years commencing upon completion by the City of the parking lot
improvements that are necessary for Library's use of the premises
as a public parking lot, and ending ten years thereafter, unless
terminated earlier in accordance with the provisions of this
Lease. The precise date of commencement of the term of this
Lease shall be the date that the City serves Library with a
notice of completion of the work.
3. PAYMENTS. Library shall pay City Five Thousand Dollars ($5,000)
per year for the duration of the ten-year term of the Lease. The
first annual $5,000 payment shall be due wi thin 30 days of
service of the notice of completion by the City of the parking
lot improvements. Each subsequent payment shall be made annually
within 30 days of the anniversary of the service of said notice
at City Hall, 321 East 5th Street, Port Angeles, Washington, or
to such other party or at such other place as the City may
hereafter designate.
4. PURPOSES. Premises shall be used for operation of a public
parking lot and for purposes incidental to the operation of a
public library and for no other purpose whatsoever, without the
written consent of the City being obtained prior to commencement
of the new use. Library may restrict the use of the parking lot
for library patrons during library hours and may restrict the use
of the parking lot during non-business hours with prior approval
of the City. Library may place signage on the premises with
prior approval of the city and as consistent with applicable
laws.
5. REPAIRS AND MAINTENANCE. Library agrees that City shall be
required to make only repairs that are caused by initial design
or construction deficiencies. Library agrees to make any and all
- 1 -
other repairs at its sole cost and expense, and agrees to keep
the premises safe and in good order and condition at all times
during the term thereof; provided that Library shall not be
responsible for the lateral and subjacent support of the parking
lot and that the city shall maintain the landscaping of the
premises in the condition deemed appropriate by the city. Upon
expiration of this Lease, or at any sooner termination thereof,
Library will quit and surrender possession of said premises
quietly and peaceably, in as good order and condition as the same
were at the commencement hereof, reasonable wear, tear and damage
by the elements excepted.
6. COMPLIANCE WITH LEGAL REOUIREMENTS. Library agrees to perform
its obligations herein in compliance with all applicable
statutes, ordinances, laws and other legal requirements.
7. TAXES. Library shall pay any and all taxes levied and assessed
on the property of any kind whatsoever.
8. SUBLETTING OR ASSIGNMENT. Library shall not sublet the whole or
any part of the premises, nor assign this Lease without prior
written approval of the City.
9. ACCESS. City shall have the right to enter upon the premises at
all times.
10. DAMAGE OR DESTRUCTION. In the event the premises are rendered
unfit for the Lease purposes by the elements or other casualty or
cause of any kind whatsoever that is not attributable to City's
negligence, City may elect, at its option, not to restore or
reconstruct the premises and shall so notify Library, in which
event Library shall vacate the premises and this Lease shall be
terminated; or, in the alternative, City shall notify Library,
within thirty (30) days after such cause, that City will under-
take to restore or reconstruct the premises, and that such work
can be completed within one hundred twenty (120) days from date
of such notice of intent. If city is unable to restore or
reconstruct the premises within the said one hundred twenty (120)
days, then the Lease may be terminated at Library's option by ten
(10)-days' written notice to City. During the period of unusable
condition, payments under this Lease shall continue.
11. LIABILITY. City shall not be liable for any injury or damage to
persons or property sustained by Library or others, on and about
the premises. Library agrees to defend and hold City, its
officials, employees and agents harmless from any claim, action
or judgment for damages to property or injury to persons suffered
or alleged to be suffered on the premises by any person, firm or
corporation, unless caused by city's negligence.
12. INSURANCE. Library agrees to deliver to City upon the execution
of this Lease proof of a public liability and property damage
insurance policy, in a form satisfactory to City, assuring the
indemnification and holding harmless of the City against any and
all claims for personal injury or property damages arising out of
this Lease, in an amount of not less than Five Hundred Thousand
Dollars ($500,000) for injury to anyone person and One Hundred
Thousand Dollars ($100,000) for property damage. Library shall
keep proof of this or similar policy, or adequate proof of self-
insurance, in force during the term of this Lease, and shall
provide, annually, proof thereof to City.
13. UTILITIES. Library shall be responsible for and promptly pay for
all utilities used on the premises, which shall include all
lighting for the parking lot that may be necessary in addition to
the adjacent street lighting provided by the City.
14. TERMINATION. Either party may terminate this Lease at any time,
should it be determined by such party that public necessity and
convenience require it to do so, by serving upon the other party
in the manner hereafter provided, a written notice of its
election so to terminate, which said notice shall be served at
- 2 -
<.
least one year prior to the date in said notice named for such
termination.
15. DEFAULT. In the event that Library shall be in default of any of
the terms of this Lease, City may terminate and end this Lease
upon thirty (30) days' notice, provided that Library may cure
such defect during the period prior to the expiration of the 30-
day notice. If such defect is cured, then this Lease shall
continue. If such defect is not cured, this Lease shall
terminate, and Library shall surrender the premises on the date
stated in the notice.
16. OPTION TO RENEW AND RIGHT OF FIRST REFUSAL. Library shall have
the option to renew this Lease for a period of ten years under
the same terms, except that the parties shall renegotiate the
amount of payments and insurance coverage and there shall be no
right of further renewal, by serving the City with written notice
of its intent to renew at least 180 days prior to the end of this
Lease, and in the event that City should decide to sell the
premises, Library shall have the right of first refusal for a
period of 30 days after the City delivers to the Library a copy
of a third-party purchase offer or bid; provided, however, that
said option to renew and right of first refusal are conditioned
upon Library not being in default hereunder and upon this Lease
not having been terminated as provided herein.
17. NOTICES. Any notices which are required hereunder, or which
either City or Library may desire to serve upon the other, shall
be in writing, and shall be deemed served when delivered
personally, or when deposited in the United States mail, postage
prepaid, return receipt requested, addressed to Library at
Business Manager, North Olympic Library System, 2210 South
Peabody, Port Angeles, WA 98362, or addressed to City at P. o.
Box 1150, 321 East 5th Street, Port Angeles, WA 98362.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands
and seals.
CITY OP PORT ANGELES
. B~:o~~~
.~Y~:7M
Ml(,HEJ.:.,LE. H ~ M:KIKE, City Clerk
NORTH OLYMPIC LIBRARY SYSTEM
~tle~~d1 (~.:hM
STATE OF WASHINGTON )
COUNTY OF CLALLAM )
On this ~ day of ~, 1990, before me, a Notary Public
for the State of Washingt , duly commissioned and sworn, personally
appeared JOAN SARGENT, to me known to be the MAYOR of the CITY OF PORT
ANGELES, the municipal corporation that executed the wi thin and
foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that she was authorized
to execute said instrument, and that the seal affixed is the seal of
said corporation.
) SSe
Given under my hand and official
this certificate above written.
day and year first in
M 7 O--r''7"- J · lO...-
and for the State of
residing at
r *
.
.
~. -
My commission expires:cX'd7'- 92
STATE OF WASHINGTON
) SSe
COUNTY OF CLALLAM
On this ~ day of ~~ ' 1990, before me, a Notary Public
for the State of Wash'ngton, du y commissioned and swornf personally
appeared , to me known to be the .;;zxJ ~ 'V:) -hi J)
of the N TH OL MPIC LIBRARY SYSTEM, the municipal corporation that
executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath
stated that~was authorized to execute said instrument, and that
the seal affixed is the seal of said corporation.
Given under my hand and official seal the day and year first in
this certificate above written.
A'~hL k 1~>pn.J"'-'
, -, Notary Public in and for the State of
/) ~ Washington, residing at
I'&::::t 7 0 ~~
My commission expires: ~r:AJ/- 9:L
NOLS.LSE
- 4 -
.- .
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e
e
. ~
MEMO~~
TO:
FROM:
SUBJECT:
July 25, 1989
CONFIDENTIAL
Mayor and City Council
Jim Haguewood, President, Port Angeles Downtown
Association
Proposal to North Olympic Library System to
Locate Branch in Downtown Port Angeles
The Port Angeles Downtown Association is interested in attracting
a major pedestrian traffic generator into the Central Business
District, preferably in an "anchor" location to maximize circula-
tion around the CBD.
Specifically, we are interested in locating
Branch of the library downtown at the corner
We believe this would be benef icial to all
as outlined in the attached proposal.
the Port Angeles
of Oak and Front.
parties involved,
This proposal has the unanimous support of the PADA Board. We
are submitting it to you to keep you abreast of intentions and
activities.
We foresee this as a general invitation to the library to locate
Downtown with the specifics to let them know the benefits.
Your comments are welcome.
457-0424.
JH/jg
Attachment
Please feel free to contact me at
e
PROPOSAL TO THE NORTH OLYMPIC LIBRARY SYSTEM
FROM:
The Port Angeles Downtown Association Development
Committee
RE:
Location of Library Branch in Downtown Port Angeles
Whereas, the Library is in need of a new location to better serve
the public efficiently and the Downtown is in need of a bolster-
ing anchor, the Downtown Association proposes to provide ade-
quate location in Downtown Port Angeles at an attractive price to
the Library System so as to benefit both parties.
By helping the Library find an affordable site Downtown, we hope
to mutually benefit the citizens of Port Angeles, the Library
System, the Downtown, and the City.
The citizens would benefit by more cost-effective, expedient
service, greater and easier access to more books, better parking,
enhanced pedestrian safety, and handicapped access.
The Library would benefit by being able to unite the main branch
and service center in a suitable location at a reduced cost.
e
The Downtown would benefit by having a clean, family-oriented
service that would generate considerable pedestrian traffic; thus
enhancing the economic viability of the Central Business
District.
The city would benefit by being able to make use of the present
library location and by the enhanced location status (and hence
marketability) of the old City Hall that would result from a
major traffic generator across the street.
LIBRARY REQUIREMENTS
1 . SQUARE FOOTAGE:
The Library requires 25,000 to 37,000 square feet with a
minimum of 25,000 square feet for public service.
2. PARKING:
The Building Code would require one parking space for every
200 square feet. This need can be met through the creation
of new spaces or membership in the Downtown Association.
e
.or' .
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3 .
CONSOLIDATED LOCATION:
The main branch and service center should be united in one
location to facilitate and expedite transactions and
communications.
4. STRUCTURAL INTEGRITY:
The building must be capable of supporting 125 pounds per
square foot to support the weight of books in stack rooms.
5. PUBLIC ACCESS:
The site must be easily accessible to all ages and meet
handicapped access standards.
6. PUBLIC VISIBILITY:
The site should have high visibility so people are more
likely to take advantage of its services.
7 . SAFETY:
Public access must be safe and the building secure.
8. BOND ISSUE:
A bond issue of $2.5 to $5.75 million would need to be voter
approved County-wide to pay for the new facility. A commu-
ni ty fundraiser for Port Angeles and some improvements to
the Forks and Sequim branches may also be needed.
9. COST:
The facility must be as economical as possible in order to
get voter approval.
PROPOSAL
The Downtown Association is prepared to assist the Library in the
construction of a new facility. Specifically, the Downtown
Association is prepared to assist with locating a facility at the
southwest corner of Front and Oak Streets, presently occupied by
the old Police station and a parking lot. The parking lot is
owned by the City and operated by the Downtown Association. The
Police Station is owned by Clallam Transit and is for sale. (CTS
paid $100,000 for it in 1988 and it has been vacant ever since.)
This proposal is contingent upon the sale of the old Police
station for the Library project. If the Station lot is sold
directly to NOLS, the price can be included in the bond issue.
If the station lot is bought by the City, the land could be
leased to the Library for a nominal fee of $1 per year, similar
to the present agreement for the Carnegie building.
.~,
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The Downtown Association can:
1. Reduce the amount of the bond issue
reducing the cost of providing parking.
by
substantially
The Downtown Association can provide 100 spaces at a cost of
$60,000. This fee goes solely toward the creation of
additional parking we determine is needed.
The cost of developing a parking lot outside the CBD, plus
buying the land at approximately $6jsq.ft. averages out to
be $1.822 per space. At $600 per space through the Downtown
Association, savings are considerable ($275,000).
2. Contribute $2,000 and a committee of volunteers to work
toward the passing of a County-wide bond issue.
3. Vacate the parking lot now occupying half the site by
agreememt amending the PADA' s present agreement with the
City. This lot could then be leased to the Library.
4. Develop other parking in the area to facilitate the
Library's needs.
5. Support a variance to lower the amount of parking required
for a Library in the CBD.
BENEFITS OF THE PROPOSAL
1. The site provides adequate square footage. It is 100' by
150'. A two-story building would afford 30,000 square feet,
plus 3,024 square feet of basement of the Police building,
for a total of 33,024 square feet.
2. The site provides adequate parking. There are presently 88
spaces adjacent. The Downtown Association can develop
additional parking spaces for $60,000. More parking could
be made available across the street on Port property, or at
Pete Capos' lot previously used by city Hall, as an example.
3. The increased floor load requirements of a Library can be
met by an expanded foot foundation or pilings, at a nominal
cost.
4. Public access is maximized at the site due to handicapped
accessible curbing, traffic lights for traffic control and
safe pedestrian crossing, adjacent parking, the Bus transfer
center on the next block, high pedestrian and vehicular
traffic, and being close to some of our most popular attrac-
tions - the Waterfront, restaurants, and shops Downtown.
'I ~/'
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5.
The site is on an arterial, affording maximum public
exposure. Many locals and people from allover the County
come to conduct business, shop, eat, and enjoy the Water-
front all year long in the Central Business District,
increasing visibility.
6. It is a safer location than the present. Traffic control
lights increase pedestrian safety, as does adjacent parking
so the public doesn't have to cross the street to access the
building. The site is secure and quiet at night, with
regular pOlice patrols in the Central Business District.
7. The financial support of the Downtown Association through:
(a) lowering the cost of a facility by providing substantial
savings for parking and land; and (b) providing funds toward
a bond passage will make the final construction of a new
facility for the Library more likely to occur.
CONCLUSION
The Library could build a new facility in Downtown Port Angeles
that would meet its needs at a reduced cost. This would benefit
the citizens by providing a necessary service in a more expedient
manner than is presently possible at the current sites.
It would benefit the Downtown by adding to the traffic already
attracted to the Central Business District, increasing economic
viability.
It would benefit the City by providing city residents with
improved Library services, plus free the Library's current site
for other uses. It would also improve the marketability of the
old City Hall.
The cost savings, free parking, and bond issue support would make
the Library more likely to succeed in seeing the construction of
a new facility come to fruition.
Thank you for your consideration.
CITY OF PORT ANGELES
321 EAST FIFTH ST., P.O. BOX 1150 PORT ANGELES, WASHINGTON 98362
PHONE (206) 457-0411
March 31, 1988
Mr. Mark Baker
Administrative Services Manager
North Olympic Library System
2210 South Peabody
Port Angeles, WA 98362
Dear Mark:
I am responding to your letter of March 21, 1988, requesting the City's
participation in repair to the roof at the Port Angeles Branch of the
North Olympic Library System.
Section 6 of the lease between the City and the library system directs
that the City "shall be required to make only major and structural
mechanical repairs in or upon the premises or any part thereof." I
have forwarded your proposal to our building official to determine if
the repairs you have indicated constitute major structural repairs or
as amaintenance item. According to our building official, new roof-
ing is neither structural nor mechanical, it is maintenance. He has
further indicated that a Class A or B fire rating is required for the
reroofing and that a building permit would be required.
Based on the building official's report, we must regretfully inform
you that the City will not participate in your reroofing project. If
you have any further questions, please do not hesitate to call.
Yours truly,
R.Duane Wolfe, Director
Administrative Services
RDW:lw
Attachment
Phone EX--
10"2---
REQUEST FOR SERVICE
ANGELES * PUBLIC WOR~S DEPARTMEN~~__
~\t\.'\~) 5';<0\1) E("~Received by: ~ phone
Date: -3 ke; /U person
f '
PRIORITY: Urgent l::i. Schedule ASAP ~ Time: 9. 3cJ mail
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o
CITY OF PORT
Person Calling --::[)u ~ ~-
Address
Director
o
City Engineer
o
FORWARD TO FOR ACTION BY:
Street Building Engineering
o . 0
Water
o
Sewer
o
Solid Waste
o
Contact person making request (before action) Yes ~No l::.. (after action) Yes ~ No ~
ACTION TAKEN l2iSRoo~I/\Jc.. fee" Nbt-:t.lf.lt.~ C:;;7/LJ/C-7uIlALO/L Hb-C-.J-JI'>.A/ICAt-,. f-r Is H"'/AJ7d.1A/./cr
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TJ.4.~ E'J(/ '51/ ~G 12.'00(::".1 1. \V'L.L H OU 7HJl.N L I ClL.LY HAvc-7 c c.OI'1~U FP
A CL.AS, ':A" ()It- '13" f(.ArINc,!..QCQUf!vb7) \-41J... Ilo,:--foor::.
r ~'J 'iJ-)~~~)0
* * * RETURN TO SECRETARY FOR FILING * * * '5j'30/Yf'"'
Jrnpnsul
Page No.
Pages
SANDPIPER ROOFING
1361 John Jacobs Road
PORT ANGELES. WA 98362
(206) 452.7542
PROPOSAL SUBMITTED TO
North 01 m ic Librar S stem
STREET
PHONE
DATE
457-4464
JOB NAME
3/1/88
207 S Lincoln
CITY, STATE AND ZIP CODE
Port An e1es Wa 98362
ARCHITECT
DATE OF PLANS
JOB PHONE
10 year manufacturers material guarantee
We hereby submit specifications and estimates for:
Modified Bitumen roof, materials as follows:
ARC Torchdown modified bitumen membrane
[::1 Alternate Hot Tar Roof Bid, materials as follows: (initial box to accept bid)
1 layer combination base sheet
2 1ayers,fiberg1ass ply sheet
3 layers asphalt, type 3
aluminum coating
price for hot tar roof..........$4630.00
* If the city requires a tear off of existing roof, add 750.00 to price of the
roof. (Applies to hot tar and ARC roof)
** Roof tear off can, cause debris to filter down inside of building. While roofing is being
done, cover all valuables. Sandpiper Roofing will not be responsible for debris.
5 ear roofers uarantee issued u on
Bit 1IrupUSt hereby to furnIsh material and labor - complete In accordance With above specifications, for the sum of:
(for ARC roof) five thousand one hundred thirty + tax 5130.00 + tax
dollars ($
Payment to be made as follows.
All material IS guaranteed to be a~ specIfied All work to be completed In a workmanlike
manner accordmg to standard practices Any alteration or deViation from above speclflca
tlons Involving extra costs wIll be executed only upon written orders, and WIll become an
extra charge over and above the estImate All agreements contingent upon strikes, accIdents
or delays beyond our control. Owner to carry fire, tornado and other necessary Insurance
Our workers are fully covered by Workmen's CompensatIon Insurance
A..ho"," ~ -::_____
Signature '<!If
I' Not . T "",,"", m., b
Withdrawn by us If not accepted Within 30
't
days.
Signature
Atttptaltrt of Jroposal- The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authOrized
to do the work as specified. Payment Will be made as outlined above.
Signature
Date of Acceptance.
serving all of clallam county
Ma rch 21, 1988
Duane Wolfe, Administrative Services Director
City of Port Angeles
PO Box 1150
Port Angeles, WA 98362
Dear Duane:
I am enclosing a quote of $5,530-6,339 from Sandpiper Roofing to repair
the leaking roof at the Port Angeles Branch of NOLS.
We are concerned about not only damage to property but also wet floors
in our public areas.
As you are aware, the building is owned by the city and we understand
the city to have assumed responsibility for major repairs.
Thank you.
Sincerely,
/!.?~~
~~~inistrative Services
Manager
LIBRARY SERVICE CENTER, 2210 S. PeabodY, Port Angeles, WA 98362 - (206)457-4464jPORT ANGELES BRANCH LIBRARY, 2075 Lincoln,
Port Angeles, WA 98362 - (206)452-9253jSEQUIM BRANCH LIBRARY, 800 N. Sequlm Ave., Sequlm, WA 98382- (206)683-1161jFORKS BRANCH
LIBRARY, 224 Forks Ave. S. Forks, WA 98331 - (206)374-6402jCLALLAM BAY BRANCH LIBRARY, Clallam Bay, WA 98326 - (206)374-6499
serving all of c1allam county
February 17, 1988
Duane Wolfe, Administrative Services
City of Port Angeles
P .0. Box 1150
Port Angeles, Wa. 98362
Dear Duane,
The purpose of this letter is to remind you of the leaking roof at the
Port Angeles Branch Library; a facility owned by the City of Port Angeles.
At this time we have leaks near the biographies, the fiction and the new
book area. We have been mopping up the leaks when we find them and
marking the areas to warn patrons. Please let me know if you have any
other measures to suggest we might take until such a time as the leaks
may be repaired.
Thank you,
Sincerely,
1dB~
Administrative Services Manager
MBjmw
cc: Jean Iverson, PA Branch
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7
~)"Y1C3J <5
~~ ~
~~~~~
1J -.. 't?~
LIB , SERVICE CENTER, 2210 S. PeabodY, Port An es, WA 98362 06)457-4464/~ORT ANG~BRA Y, 2075 L1:coln,
Port geles, WA 98362 - (206)452-9253/SEQUIM B RANCH LIBRARY, 800 N. Sequlm Ave., Sequ,m. WA 98382 - (206)683-11 I/F RKS BRANCH
LIBRARY, 224 Forks Ave. S. Forks, WA 98331 - (206)374-6402/CLALLAM BAY BRANCH LIBRARY, Clallam Bay, WA 983 6 (206)374-6499
~~
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~
CITY OF PORT ANGELES
321 EAST FIFTH ST.. POBOX 1150 PORT ANGELES, WASHINGTON 98362
PHONE (206) 457-0411
March 16, 1989
Mark Baker
North Olympic Library System
2210 S. Peabody
Port Angeles, WA 98362
Dear Mr. Baker:
Enclosed is a copy of the lease agreement between the City and North
Olympic Library System.
If you should need anything further, please do not hesitate to contact
me at 457-0411, ext. 118.
Sincerely, ;?;t.~
~Maike
City Clerk
MMM:CH
Attachment
't .. r r
. ,I.
LEASE
THIS LEASE is made this
20th
day of
June
1984, by and between the City of Port Angeles, a Municipal Corporation of the State
of Washington (hereafter "City"), as Lessor, and the Clallam County Rural Library
District, commonly known as the North Olympic Library System, a Municipal Corpora-
tion of the State of Washington (hereafter "Library") as Lessee.
FOR AND IN CONSIDERATION of the mutual covenants and promises herein, it is
agreed by the parties as follows:
Section 1. City hereby leases to Library, and Library hereby leases from
City the following described real property, including the building located thereon
(hereafter "premises"):
The North Three Hundred-seventy feet of the East Two Hundred-twenty
feet of Suburban Lot number Twenty-six of the Townsite of Port
Angeles, heretofore granted to Clallam County, for County purposes by
patent of the United States, dated March 21st, 1903.,.
Section 2. Rent. Rent for the premises shall consist of the performance
by the Library of the covenants contained in this Lease.
Section 3. Term. This Lease shall commence at 12:01 a.m. on January 1, 1982
and shall terminate at 12 Midnight on December 31, 2002, unless terminated earlier
in accordance with the terms of this Lease.
Section 4. Purposes. Premises shall be used for operation of a public
library, and for purposes incidental to such operation, and for no other purpose
whatsoever, without the written consent of Lessor being obtained prior to
commencement of the new use.
Section 5. Alterations and Improvements. Lessee may, at Lessee's sole
cost and expense, make such changes, alterations or improvements as may be
necessary to make such premises fit for use as a public library. Structural
or mechanical alterations and improvements shall be the responsibility of the
Lessor. Prior written consent of the Lessor shall be obtained prior to making
" ,. '1 "
any improvements to the building requiring structural changes. Such improvements
made at Lessee's sole cost and expense, to the extent that they may be removed at
the termination of this Lease, may remain the property of the Lessee. If they
cannot be removed, without damage to the building, then such improvements shall
become the property of the Lessor at the termination of this Lease. Should Lessee
fail to remove any removable fixtures or improvements, at the termination of this
Lease, they shall also become the property of the Lessor. Improvements made at
the Lessor's sole cost and expense shall become and remain the property of the
Lessor. The provision of this section shall not exclude the Lessee and Lessor
from jointly making changes, alterations or improvements. Such improvements
shall become and remain property of the Lessor.
Section 6. Repairs and Maintenance. Lessee represents that Lessee has
inspected and examined the premises, accepts them in their present condition, and
agrees that Lessor shall be required to make only major structural or mechanical
repairs in or upon the premises or any part thereof. Lessee agrees to make any
and all repairs excepting major structural or mechanical repairs at Lessee's sole
costs and expense, and agrees to keep said premises safe and in good order and
condition at all times during the term thereof. Upon expiration of this Lease,
or at any sooner termination thereof, Lessee will quit and surrender possession
of said premises quiet and peaceably, and in as good order and condition as the
same were at the commencement hereof, reasonable wear, tear and damage by the
elements excepted.
Section 7. Taxes. Lessee shall pay any and all taxes levied and assessed
upon the property, of any kind whatsoever.
Section 8. Utilities. Lessee shall be responsible for and promptly pay
for all utilities used on the premises.
Section 9. Assignment or Mortgage. Neither the premises nor any portion
thereof shall be sublet, nor shall this Lease, nor any interest therein be assigned
. '
. ..
. L ~
or mortgaged by Lessee, without the prior express written consent of the Lessor.
Section 10. Liability. Lessee shall save Lessor harmless from any loss or
damage that may arise out of or in any way be connected with this Lease, the premises,
or the use of the premises by Lessee or its agents or employees, including personal
injury or property damage and will defend Lessor against any claim or cause of
action brought against Lessor as a result of personal injury or property damage
arising out of, or in any way connected with, the premises, this Lease, or the
Lessee's use of the premises.
Section 11. Insurance. Lessee agrees to deliver to Lessor upon the execution
of this Lease proof of a public liability and property damage insurance policy,
or proof of adequate self-insurance, in a form satisfactory to Lessor, assuring the
indemnification and holding harmless of the Lessor against any and all claims for
personal injury or property damages arising out of this Lease, in an amount of not
less than $500,000 for injury to anyone person, and $100,000 for property damage.
Lessee shall keep proof of this or a similar policy, or adequate proof of self-
insurance, in force during the term of this Lease, and shall provide, annually,
proof thereof to Lessor.
Section 12. Inspection. Lessor reserves the right to inspect the premises
to insure compliance with the terms of this Lease, at reasonable times, and upon
reasonable notice to the Lessee.
Section 13. Termination by Lessor. Lessor may terminate this Lease at any time,
should it be determined by its City Council that public necessity and convenience
require it to do so, by serving upon Lessee in the manner hereafter provided, a
written notice of its election so to terminate, which said notice shall be served
at least one year prior to the date in said notice named for such termination.
Section 14. Termination by Lessee. Lessee may terminate this Lease at any
time it should be determined by its Board of Trustees, that public necessity and
convenience require it to do so, by serving upon Lessor, in the manner hereinafter
provided, a written notice of its election so to terminate, which said notice
'\ I- 1.
, ~" ,
Shall be served at least one year prior to the date in said notice named for such
termination.
Section 15. Default by Lessee. In the event that Lessee shall be in default
of any of the terms of this Lease, Lessor may terminate and end this Lease upon
thirty days' notice, provided, that Lessee may cure such defect during the period
prior to the expiration of the 30-day notice. If such defect is cured, then this
Lease shall continue. If such defect is not cured, this Lease shall terminate,
and Lessee shall surrender the premises on the date stated in the notice.
Section 16. Notices. Any notices which are required hereunder, or which
either Lessor or Lessee may desire to serve upon the other, shall be in writing,
and shall be deemed served when delivered personally, or when deposited in the
United States Mail, postage prepaid, return receipt requested, addressed to
Lessee at Business Manager, North Olympic Library System, '2210 South Peabody,
Port Angeles, WA 98362, addressed to Lessor at P.O. Box 1150, 140 W. Front,
Port Angeles, WA 98362.
Section 17. Risk of Loss and Property Damage Insurance. The Lessor shall
remain responsible, during the term of this Lease, for the existence of the
buildings constructed on the premises. Should the premises be destroyed, Lessor
shall, at its_sole expense, reconstruct the buildings to the same condition as
when received. To assure this purpose, Lessor shall obtain and retain in force,
a property insurance policy in an amount sufficient to pay for the reconstruction
of all or a portion of the premises should they be destroyed, and shall provide
adequate proof of either this insurance, or other sufficient means, to assure
!
payment for reconstruction of the premise;s should they be destroyed. Such
assurance shall continue to be provided during the term of this Lease by Lessor
to Lessee.
Section 18. Option to Extend. Lessee shall have the option to extend this
Lease for a period of twenty years from December 31, 2002, to December 31, 2022.
Lessee shall servce notice of its intent to exercise this option, by serving written
notice of its election so to extend upon Lessor at least 180 days prior to
December 31, 2002. During such extension, all of the provisions of this Lease
shall be effective.
.- .. ~'..~'.';.
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ATTEST:
Jv; Ph j, ,- a t}1/J1 ,1/11; < r----
City lerk
ARRPOVED AS TO FORM:
CITY OF PORT ANGELES
By:c114 ~
Mayor
NORTH OLYMPIC LIBRARY SYSTEM
By:~d/
..
:}.3~
r1EMORANDUM
May 29, 1984
TO: Dave Flodstrom, City Manager
FROM: Craig Knutson, City Attorney
SUBJECT: Lease with North Olympic Library System
Attached please find a copy of a proposed lease agreement be-
tween the City and the North Olympic Library System for the
building currently being occupied by the library on Lincoln
Street. As you may recall, there has been no written agree-
ment between the parties covering this building since December
31, 1981. Last year Craig Miller drafted a proposed lease,
which was then revised by Mark Baker, Business Manager for the
North Olympic Library System. ~ir. Baker's changes had to do
with the City being responsible for mechanical and structural
changes and for fire insurance on the building. After review-
ing the previous agreement and discussing the fire insurance
matter with Vince Clay, Risk Manager, I feel that the changes
proposed by Mr. Baker are appropriate. If you concur that the
lease is ready fo:, approval by the Council, it could be placed
on the agenda at any time.
,-
tson, City Attorney
CDK:ps
Attachment
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M E M 0 RAN DUM
ct:o' ~
~h't ~ G
~~
~
May 29, 1984
A.S?)
TO: Dave Flodstrom, City Manager
FROM: Craig Knutson, City Attorney
SUBJECT: Lease with North Olympic Library System
Attached please find a copy of a proposed lease agreement be-
tween the City and the North Olympic Library System for the
building currently being occupied by the library on Lincoln
Street. As you may recall, there has been no written agree-
ment between the parties covering this building since Decelnber
31, 1981. Last year Craig Miller drafted a proposed lease,
which was then revised by Mark Baker, Business Manager for the
North Olympic Library System. Mr. Baker's changes had to do
with the City being responsible for mechanical and structural
changes and for fire insurance on the building. After review-
ing the previous agreement and discussing the fire insurance
matter with Vince Clay, Risk Manager, I feel that the changes
proposed by Mr. Baker are appropriate. If you concur that the
lease is ready for approval by the Council, it could be placed
on the agenda at any time.
/
/
I
"--~/
Craig D. ~utson, City Attorney
,
"
CDK:ps
Attachment
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State of Washington
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SIGNATUR~ /1" '
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ORIGINATOR SEND WHITE AND YELLOW COPIES TO RECIPIENT
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ORIGINATOR S FOLLOW UP COpy
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2210 South Peabody
Port Angeles, WA 98362
September 15, 1983
Robert E. Orton
Director of Finance and Administrative Services
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
Dear Mr. Orton:
The library system is currently looking at its proposed budget for 1984. One of
the problems to be addressed is the degradation of the lighting in the Port
Angeles building. This is occurring as ballasts fail through age. We believe
that the best approach in consideration of the city's and our needs is to
replace all the old ballasts with a mQre energy efficient system (claimed
savings of 10-20% on various systems).
Our initial research indicates a cost of $8,000 to $10,000 if our maintenance
personnel assist. I would appreciate being informed if the City has any
objections to the library considering this action and to what extent we may
plan on the City assisting in this major repair item.
Also, on a more trivial note, we are no longer using the electric range and
oven provided with the Port Angeles facility. It is currently taking up
storage space. May we dispose of it? Would the City like it back?
Thank you for all your assistance to date. I may be reached at 457-4464
if I can be of further assistance.
Sincerely,
~ak~
Business Manager
f.~.S'.'S
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City of Port Angeles
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140 WEST FRONT STREET
P,ORT ANGELES, WASHINGTON 98362
.
June 22, J 981
Ms. Terry White, Director
North Olympic Library System
207 South Lincoln Street
Port Angeles, Washington 98362
Dear Terry:
The contract which was negotiated last year between the City of Port
Angeles and the North Olympic Library System calls for notification of
intent to renegotiate the contract, no later than 180 days prior to
December 1 of this year. l~hile it is my hope, and I'm sure your hope,
that the voters of our community 't/ill eliminate the need for further
negotiation of contracts, t still felt it was appropriate that I drop
you a line before July 1 and indicate that if the September vote for
annexation of the City to the Rural Library System is not successful,
that we will, vel~ early in September, be in a position of negotiating
a contract for 1982.
Please consider this letter notification of the City's intent to
renegotiate the contract pending the outco~e of the primary election
regarding annexation.
lid also like to use this as an opportunity to thank you for your
presence at the last two Council meetings and for your assistance in
considering, reveiwing and approving the intent to annex to the North
Olympic Library System. I hope that through your efforts and the
efforts of the Friends of the Lab and with the support of the City,
that it will be a successful campaign to bring about annexation.
Please contact me if there is something that I can do as I am very
eager to participate and assist in a successful election campaign.
5i ncere ly,
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Dave Flodstrom
City Manager
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BOARD OF COUNTY COMMISSIONERS
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Clallam County
State of Wash i ngton
PORT ANGELES 98362
Phone 452-7831
April 9, 1980
Ms. Marian C. Parrish
City Clerk
City of Port Angeles
]40 West Front Street
Port Angeles, Washington 98362
Dear Ms. Parrish:
Enclosed please find copy of the Agreement between the
City, County and the Library District. As only one copy was
inadvertently signed by the Commissioners, I have substituted
a zeroz copy of the signature page (along with their initialed
signatures) to the Agreement.
Should this arrangement not be satisfactory, please let
us know, and we shall attempt to rectify the matter.
Sincerely,
~~~~r~L{~
Admin Support I I
SLC
Enclosure
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AGREEMENT
THIS AGREEMENT is made this
day of
, 1980,
by and between the CITY OF PORT ANGELES, a municipal corporation of
the State of Washington (hereafter "City"), CLALLAM COUNTY, a
political subdivision of the State of Washington (hereafter "County"),
and the CLALLAM COUNTY RURAL LIBRARY DISTRICT, a municipal corpora-
tion of the State of Washington (hereafter "District").
WHEREAS, by an agreement dated December 19, 1972, City, County
and District agreed to combine their library facilities, equipment,
materials, and personnel into one regional library, in accordance
with RCW 27.12.080, with the regional library being denominated the
"North Olympic Library System" (hereafter "System"); and
WHEREAS, all parties to this agreement desire to retain the
System as the most effective method of providing library services
to I the residents in their jurisdictions; and
WHEREAS, the Agreement of December 19, 1972 must be revised,
due to its reference to a system of taxation which is no longer in
,
effect in the State of Washington; and
WHEREAS, certain additional provisions should be made in regard
to the operation of the system; now therefore,
In consideration of the mutual covenants and promises contained
herein, IT IS HEREBY AGREED as follows between the parties to this
agreement:
Section 1. Regional Library Created. Pursuant to RCW 27.12.025,
and RCW 27.12.080, the North Olympic Library System, as created by
the agreement of December 19, 1972 shall continue to exist as a
regional library for unincorporated Clallam County and the City of
Port Angeles.
Section 2. Board of Trustees. The regional library shall be
governed by a board of trustees, who shall number seven (7). These
trustees shall be appointed by joint action of the legislative
authorities of the three governmental units who are parties to this
"
. '
agre~ment, in accordance with the procedures of this section of
"
this contract. Three of the trustees shall be residents of the
City of Port Angeles and three of the trustees shall be residents
of the unincorporated portions of Clallam County. The seventh
trustee may be a resident either of Port Angeles or the unincor-
porated portions of Clallam County. The City of Port Angeles shall
nominate those members of the board who are residents of the City
of Port Angeles, subject to confirmation by County and District.
County and District shall jointly nominate those members of the
board of trustees who are residents of the unincorporated portions
of Clallam County, subject to confirmation by City. The seventh
member shall be nominated alternately by City or County and
District, and confirmed by the non-nominating parties.
Section 3. Existing Trustees and Terms Recognized. The
existing Board of Trustees of the System, the expiration dates of
the terms which they are presently serving, and the authority which
shall nominate their replacement, including the authority' which
shall nominate the replacement for the at large position, are as
follows:
Name
Appointing
Authority
Expiration
of Term
Robert G. Hause
C. Fred Imhof"
Eugene Rimov
Mrs. Jodene G00<1<
Chet Walrath
City
County & District
(at large)
City
County & District
County & District
County & District
City
12/31/86
Laurence Helch
Mrs. :Evelyn- J.. Whatton
12/31/81
12/31/80
12/31/82
12/31/83
12/31/84
12/31/85
Section 4. Removal of Trustees. A trustee of the System may
be removed by joint action of the Board of Trustees of Rural
Library District. in the manner provided in RCW 27.12.190 for removal
of trustee of county libraries or rural library districts.
-2-
'. .
Section 5. Powers and Duties of Trustees.
A. The trustees shall have those powers conveyed upon a board
of library trustees by RCW 27.12.210.
B. In accordance with RCW 27.12.210(4) the board of trustees
shall annually submit their detailed estimate of the amount of money
necessary to operate the System for the ensuing year to the City
Council and the Rural Library District Board of Trustees. This shall
be done so that the City Council and the Rural Library District Board
may be aware of these estimates at the time of preparing their annual
budget. Based upon these estimates, the Board of Trustees of the
,
Rural Library District shall prepare a budget, and certify the same to
the Board of County Commissioners for that Board to make a tax levy
for the purpose of the District.
C. The System Board of Trustees shall comply with RCW 27.12.260,
and submit an annual report to the legislative body of all three
governmental units which are parties to this agreement.
Section 6. Treasurer. The treasurer of the System shall be the
Clallam County Treasurer.
Section 7. Financial Contributions to Operation of the System.
A. The City shall contribute to the treasurer of the library
System, in monthly installments during 1980 the sum of Two Hundred
Twenty-eight Thousand ($228,000) Dollars, and during 1981 the sum of
Two Hundred Fifteen Thousand ($215,000) Dollars. In addition, if the
board of trustees desires to seek an additional contribution to the
operation of the System, it may request such additional contribution.
The City Council shall consider this request for an additional contri-
bution during the preparation and adoption of the final budget of the
City of Port Angeles. Should the Council decide to make an additional
contribution, it shall be done through the adoption of the City's budget
ordinance.
B. The District shall contribute, in quarterly installments, as
required by RCW 27.12.080, an amount equal to the proceeds of a tax
levy established at Fifty ($.50) Cents . per One Thousand ($1,000)
Dollars at one hundred (100%) percent of true and fair market value
-3-
. . 1. '..
of all taxable property within the unincorporated portions of
Clallam County, as established by the Clallam County Assessor,
subject to all limitations on the amounts of property tax levies
established by law.
C. County shall contribute all funds received by it that have
been designated for library purposes by state statue or county ord-
inance, immediately upon receipt.
Section 8. Additional Appropriations. In the event that any
party to this agreement received additional funds or property,
either by grant, operation of statute, gift, or from some other
source, which are designated for library purposes, shall be trans-
ferred to the System or to the treasurer of the System, as appro-
priate. Transfer of payment of such funds or property to the System
by the particular governmental unit involved shall not be used to
offset or otherwise reduce contributions required of that govern-
mental unit by Section 7.
Section 9. Modification of Tax System. In the event that the
legislature or people of the State of Washington alter the taxation
system of the state, such that the provisions of this agreement are
no longer applicable or usable to determine the amount of financial
contributions required from any party to this agreement, then
Section 7 of this agreement is null and void, and no longer in
effect. The parties to this agreement shall meet within thirty (30)
days of the effective date of such legislation, to negotiate a new
agreeement providing for contributions. Negotiations shall be
completed no later than one hundred eighty (180) days from the
effective date of the legislation.
Section 10. Capital Assets. It is recognized that City and
District have each contributed a building for the operation of library
facilities. Title to these facilities and any improvements thereto
shall remain in City and District. In lieu of rent, all o~erating
@~pep~~s qf tbe~e_buildtn9~~ including maintenance and_utilities shall
-4-
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.be the responsibility of the System. The System shall make all
necessary repairs, interior and exterior, in and about the demised
premises at its own expense, provided that the System shall not be
required to make any major structural or mechanical repairs or
alterations. Major structural or mechanical repairs or alterations
to the buildings shall be the responsibility of City and District.
The System shall have the right, at its own expense, from time to
time during the terms of this agreement, to improve or alter the
buildings of City and District.
Section 11. Dissolution of System. This agreement may be
cancelled by the withdrawal of any party to this agreement, by the
giving of one hundred eighty (180) days notice of intent to terminate.
Upon termination, the assets of the System shall be divided among the
parties in accordance with the provisions vf RCW 27.12.080.
Section 12. Duration of Agreement. This agreement shall be
effective from January 1, 1980 to December 31, 1981.
Section 13. Renegotiation. The parties to this agreement agree
that they shall commence renegotiation of this agreement not less than
one hundred eighty (180) days prior to December 31, 1981.
DATED the year and date first above written.
CITY OF PORT ANGELES
~'( IrA J(.hf"e6J<?)'(
,.;- - May r L:
J?ld-t~ e. 4z.y~.A
(C erk)
CLALLAN COUNTY RURAL LIBRARY DISTRICT
B- a' t4rfo!/~
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,be the responsibility of the System. The System shall make all
necessary repairs, interior and exterior, in and about the demised
premises at its own expense, provided that the System shall not be
required to make any major structural or mechanical repairs or
alterations. Major structural or mechanical repairs or alterations
to the buildings shall be the responsibility of City and District.
The System shall have the right, at its own expense, from time to
time during the terms of this agreement, to improve or alter the
buildings of City and District.
Section 11. Dissolution of System. This agreement may be
cancelled by the withdrawal of any party to this agreement, by the
giving of one hundred eighty (180) days notice of intent to terminate.
Upon termination, the assets of the System shall be divided among the
parties in accordance with the provisions vf RCW 27.12.080.
Section 12. Duration of Agreement. This agreement shall be
effective from January I, 1980 to December 31, 1981.
Section 13. Renegotiation. The parties to this agreement agree
that they shall commence renegotiation of this agreement not less than
one hundred eighty (180) days prior to December 31, 1981.
DATED the year and date first above written.
CITY OF PORT ANGELES
CLALLAH COUNTY RURAL LIBRARY DISTRICT
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City of Port Angeles
140 WEST FRONT STREET
PORT ANGELES, WASHINGTON 98362
September 29, 1983
Mark Baker, Business Manager
North Olympic Library System
2210 South Peabody street
Port Angeles, WA 98362
Re: Your letter of September 15th
Dear Mark:
Thank you for your letter of September 15, 1983.
In response to your question about improvements to the lighting system
at the Lincoln Street Branch, I presume that the City would have no
objections to the project, but suggest that you may wish to determine
whether or not the project might qualify under City Light's Institu-
tional Buildings Program. This Program involves an energy audit by a
City Light Conservation Specialist which would address not only light-
ing, but all energy-related facilities within the structure. It is
possible that the building could qualify for grant funding to finance
energy-efficient improvements.
We just completed such a routine for the William Shore Pool, identifying
some $106,000 in energy improvements, $86,000 of which will be paid by
a grant.
I have referred your request to Tamasin Sterner, Conservation Manager
for the City Light Department and have asked her to respond to your
suggestion.
As to the City's financial participation in such an improvement, I
would again have to call for an interpretation of Section 10 of our
now-defunct agreement (albeit our only reference point). This section
provides that "major structural or mechanical repairs or alterations to
the building shall be the responsibility of City and District. II
Whether or not this project qualifies for that definition is subject to
other interpretation. I will say, however, that the timing of your
request is such that the City has no budgeted funds to assist in this
project. A request of this nature should ideally be coordinated with
our annual budget. We are in process of preparing the 1984 preliminary
budget but any expenditure of funds approved for such a project
would have to come after January, 1984. Your letter does not
indicate timing for implementation of the project.
We have a public auction scheduled for surplus City equipment towards
the end of October. We would be pleased to take the electric range
back and dispose of it at that auction. Normally, surplus items are
stored in the City Light Department warehouse and I would ask that you
contact Mr. Lew Cosens, Director of City Light, to make arrangements
for its delivery, if this is the way you wish to proceed.
Thank you.
Very truly yours,
RObe~1(ton ,
Finance & Admin.
Director
Services
REO:LF
cc: Lew Cosens
Tamasin Sterner
Sheila Hardy
Craig Knutson
Dave Flodstrom
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City of Port Angeles
140 WEST FRONT ST. . P.O. BOX 1150 0 PORT ANGELES, WASHINGTON 98362
December 3, 1981
Mr. Mark Baker
Business Manager
North Olympic Library System
Service Center
2210 S. Peabody
Port Angeles, Wa. 98362
Dear Mark:
I am writing in response to your telephone inquiry concerning some
needed repairs at the Library. I believe you indicated that you had
received an estimate' of about $1,000 to repair a relay switch which
was damaged recently.
I have reviewed Section 10 of the agreement between the City, County,
and the Library District, and do not believe that this expense qualifies
as a "major structural or mechanical repair or alteration", as specified
in the agreement. The section requires that the Library System make all
necessary repairs both interior and exterior, at its own expense save
for those major structural or mechanical repairs or alterations.
In my judgement, the failure of an existing relay switch is clearly a
maintenance item , albiet an expensive one. The best interpretation
which can be derived from Section 10 is that the City and the District
miqht share the expense if it is considered a major structural or
mechanical repair. However, as I have indicated above, I do not
believe that the failure of a relay switch would be considered major
by anyone's reasonable definition.
I regret that the City cannot assist you in this matter, and hope
that this is a satisfactory response to your inquiry.
Thank you.
Ve~rU1Y yours,
Robe lli Orton
Dire tor of Finance and
Administrative Services
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1 2210 South Peabody
Port Angeles, WA 98362
Janua ry 7, 1982
...J
fJA~" 1: 1 1982
Mr. Robert E. Orton
Director of Finance and Administrative Services
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
Dear Mr. Orton:
Thank you for your letter of December 3, 1981, concerning the repair of a relay
switch. Your assessment of a relay switch repair as a minor repair item does
not please me but does seem one valid approach.
I am writing concerning another problem with the Port Angeles Branch. Our
maintenance supervisor, Dan Addington, has discovered a leak in the main water
supply I ine between the meter and the input in the men's room to the building
distribution system. He has traced the line from the meter to where it goes
under the slab foundation without finding the leak. At this point, he is
aware of no way to solve the problem without the necessity for major structural
and mechanical repair,s. NOLS would appreciate the City lending its expert
assistance in finding a suitable solution to our mutual problem.
I must disagree with your interpretation of section 10 of the agreement con-
cerning sharing costs for the repair of the PA Branch building. In context
with the first line of section 10, lilt is recognized that City and District
have each contributed a building for the operation of library facilities",
I feel confident that the later reference to the "responsibility of City and
District" refers to respective buildings. I am hoping that through our mutual
cooperation and the expert assistance of City staff, we can find a mutually
satisfactory solution to our problem that is less drastic than any our staff
has proposed.
Mr. Addington may be contacted before 11:00 a.m. at 452-9253.
I am personally grateful for your assistance to date as is the North Olympic
Library System. Thank you.
Sincerely,
Y!)~ &-
Mark Baker
B1us i ness Manager
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REQUEST FOR SERVICE
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2210 South peal:.xx1y, Port Angeles, WA 98362
June 3, 1981
David T. Flodstrom, City Manager
City of Port Angeles
140 West Front Street
Port Angeles, WA 98362
Dear Dave:
When the North Olympic Library System was created on December 19,
1972, it was created as a Regional Library System with contractual
agreements among the governing units concerned as outlined in RCW
27.12.080. The governmental units involved were the Clallam County
Commissioners, the council of the City of Port Angeles, and the
Rural County Library Board of Trustees.
The Rural County Library District did not cease to exist nor did /
the Rural County Library Board of Trustees cease to function. A new
Board of Trustees to govern the Regional System came into being.
It is that board, the North Olympic Library System Board of Trustees,
to which the City of Port Angeles appoints three members with the
ratification of the Clallam County Commissioners, and in alternate
turns with the County Commissioners, appoints an at-large trustee.
The Board of Trustees of the North Olymplc Library System has nO
statutory authority to levy taxes. Therefore, the operating budget
that they approve is submitted to the Rural County Library Board
which then sets the rate of the tax levy @n real and personal
property in the unincorporated areas of the County.
It is very convenient that four of the five members of the Rural
County Library Board also serve on the North Olympic Library System
Board. It is possible that at least three people (those trustees
appointed by the County Commissioners) may always serve in joint
capacity so long as the necessity for two Boards remains.
It seems to me that nothing in Substitute Senate Bill 3150 alters
the governance of the library system. I believe the sole effect
of this legislation allows the property tax levy to be applied within
the city limits of Port Angeles should a majorlty of the voters
approve the ballot issue proposing annexation of the Clty to the
Library District.
'I
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David T. Flodstrom, City Manager
City of Port Angeles
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June 3, 1981
Page 2
There are a number of librarians across the State who are unhappy
with the passage of this piece of legislation. I am not one of
those. I sincerely believe that the best interests of the entire
community will be served if the Library District gains greater
assurance of stable financial support as it would with the passage
of an annexation proposition.
2 t~u~s.
'I1he2 J. Whi te
Library Director
NORTH OLYMPIC LIBRARY SYSTEM
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cc: Board of Trustees, North Olympic Library System
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FROM THE DESK OF:
MARIAN PARRISH
CITY CLERK
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June 9, 1981
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City of Port Angeles
TOURIST MECCA OF THE NORTHWEST
140 WEST FRONT STREET PORT ANGELES, WASHINGTON 98362
Miss Theresa White, Director
North Olympic Library System
207 South Lincoln
Port Angeles, WA 98362
RE: Bond Financing for the Library District
Dear Terry:
As you asked, I am providing some information with respect to
the Library District selling general obligation bonds for construction
financing.
On the attachment, I have summarized the three scenarios you asked
me to evaluate. Namely, -bond _issues in the respective sizes of
$600,000, $750,000, and $1,200~000. _
I have assumed somewhat general terms for the general obligation
bond issue. The term of the bonds is twenty years, and I used a net
interest cost of 11\%, against a credit rating of "A", as established
by Moody's Investor Service.
I do not know whether the-Library District has ever issued general
obligation debt, but believe that if it did, it could "ride" on the
good credit rating of Clallam County. The "A" rating of the County
and the City is quite high and connotes very good security to prospective
investors.
Bonds in the twenty year-"A" rating,have been selling in the range
of 9.5% to 11.25% over the last year. As the library issue would most
likely be a part of your general indebtedness, I believe that the bonds
could be sold at a full point less than I have quoted on the attachment~
consequently, for today's market, the attached scenarios should be
considered worst case.
As to the annual assessed cost of any three of the above issues, I have
e
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June 9, 1981
Theresa White
Bond Financing/Library
2
shown the affect of an excess levy on a $60,000 home under two
conditions. First, as if the bond issues were spread over the present
assessed valuation of the rural district, and second, under the
presumption that the City would annex to the rural district in 1982.
The second of these two conditions effectively diffuses the annual
debt service of the bond issues over a greater tax base.
I hope this information is of some assistance to you, if I may help
you further, please do not hesitate to call me.
Very ffuly yours,
/1tJ\/
ROber~ E. Orton
Director of Finance and
Administrative Services
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GENERAL OBLIGATION FINANCING FOR
LIBRARY DISTRICT
Alternative Alternative Alternative
A B C
Amount of Bond Issue: $600,000 $750,000 $1,200,000
Annual Debt Service ( 1) $76,580 $95,725 $153,160
Cost per $1,000 of Assessed(2)
Value (District Only) : 11<:: 14<:: 22<::
Taxes for a $60,000 Home
(Per Year) $6.60 $8.40 $13.20
Cost per $1,000 of Assessed(3) 6<:: 8<:: 12<::
Value (City & District)
Taxes for a $60,000 Home
(Per Year) $3.60 $4.80 $7.20
(1) Assumes sale of a 20 year, voted, limited tax General
Obligation Bond, "A" rated, at 11.25%
(2) Assessed valuation base is $685,304,000, 1980 A.V. for
Library District: Cost per $1,000 will decrease as base
increases.
(3) $685,304,000 + $548,147,000 = $1,233,451,000
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MEMO:
June 12, 1981
TO:
Dave Flodstrom, Mayor Haguewood ~counCilmembers
Robert Orton, Director of Finance d Administrative
Annexation of the City to the Rura Library District
Services
FROM:
RE:
I was asked to evaluate the financial ramifications were the City
to annex to the Rural Library District.
The new law provides that the library levy is subtracted from the
city's statutory limit ($3.60 per $1,000 of assessed valuation).
However, the Department of Revenue!s interpretation of the statute
indicates that the District levy is calculated independently of
the 106% rule applied to the city's tax limit.
Thus, as long as the library levy rate remains at 509 per $1,000,
the maximum city levy will be $3.10 (i.e. $3.60 minus $ .50).
The question now becomes one of estimating when or if the city's
effective tax rate will grow to $3.10 per $1,000 of valuation.
The Council will recall that two years ago, the city's net effective tax
rate exceeded the statutory limit of $3.60. This is because the
assessed valuation did not grow 6% in that year. However, the assessed
valuation between 1979 and 1980 increased a staggering 94%. ~his was
due, of course, to the revaluations which the assessor put on the
books this year. The city's effective rate is now $2.07 per $1,000
of assessed valuation.
Because of the huge increase in the valuation between 1979 and 1980,
I consider it highly unlikely that the city's effective tax rate will
ever approach $3.10.
Part of my conclusion is supported by the attached analysis. On
attachment I, I have prepared a forecast of the city's future assessed
valuation and growth in the regular property tax rate. In order
to present a "worst case" picture, I assumed that the assessed valuation
would increase at a rate less that 6%, that the City would levy its
full 106% levy in each year, and in addition, that taxes would be
increased by new_ construction valuation of 10.1 million dollars in each
of,the years considered. (10.1 million dollars is the average new
construction valuation for the City since 1974.)
Under these conditions, the city's net effective tax rate would reach
$3.10 in ab9ut twenty years. The forecast is even more favorable
because it does not take into consideration future annexations to
the City, nor periodic revaluations statutorily required of the
assessor. These two factors will obviously increase the valuation
~
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June 12, 1981
Annexation/Library District
2
base of the City and will tend to keep the net effective tax rate
of the City down.
I also looked at the prospective growth rate in the assessed valuation
under the presumption that the City and Rural District would be
combined. Attachment II shows a comparison between growth rates
in the City and Rural District over the last six years. A combined
growth rate is also presented. As one can see, over the last six
years the combined growth rate in the Rural District and City
valuation has been about 19% a year.
I was initially cautious about the interpretation of RCW 27.12.390,
which provides for subtracting the District levy from the city's
regular property tax limit. However, the Washington State Department
of Revenue Property Tax Bulletin #80-4 confirms how the calculation
is to take place. Under the assumption that the Department of
Revenue interpretation is correct, I have no reservations about
recommending the City place this issue on the general election ballot
this fall.
If I may answer any additional questions I would be happy to do
so.
ml
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LESTER J LANCASTER
Clallom County Assessor
PORT ANGELES, WASHINGTON 98362
Novemb~ 19, 1980
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CITY ANNEXATION TO LIBRARY DISTRICT
1. Enabling legislation: RCW 27.12.360
2. Result: City initiates a process which allows the library district to
levy taxes inside the boundaries of an incorporated city with a popula-
tion of 8500 or less at the same rate and on the same basis that the
library tax is levied in the surrounding unincorporated county.
3. Impact on City Taxes
a. LegfSlation allows the maximum levy for the city to be increased
from $3.375 to 3.60 less the levy rate for the library district.
In Pierce County, a's long as the library's levy rate remains at
fifty cents (.50) per thousand dollars ($1000), the maximum levy
for the town would be $3.10 ($3.60-.50 = $3.10)
b. The impact of the 106% limitation law must be taken into account.
For example, a city whose levy has been reduced to $2.50 because
of the lid law, would continue to levy the $2.50. The .50 for
librar service would be levied separately, and the town would
.be relieved of having to pay tel rary fee out 0 ltS, general
~fund and could use the amount for other municipal services.
4. Procedure
a. City Council adopts ordinance stating intent to join library district
through annexation.
b. Library District board of trustees concurs in the annexation.
c. Proposal is reviewed by Boundary Review Board.
d. County commissioners set special election for ~ity residents in
accordance with dates provided for in RCW 29.13.010, but not less
than 45 days from the declaration of such finding.
e. A simple majority of the persons voting on the proposition will
determine the outcome of the election.
f. Election results must be certified to the County Auditor's Office
before March 1st for the annexation to take effect in the following
calendar year. (December 19 is the filing deadline for the February
3, 1981 election. Any annexation election held after February 1981
would not take effect until 1983).
5. Withdrawal of Annexed City
The an1exation may be reversed by a council initiated special election
anytime three years or more after the annexation.
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MEMO:
September
FROM:
Rob Orton, Director of Finance and Administrative Services
~
TO:
Dave Flodstrom, Mayor Haguewood and Councilmembers
RE:
Certification of Property Tax Levy for 1981
Attached is a letter and computations for the certification of property taxes for
budget year 1980.
Regular property tax revenue for 1981 is estimated at $1,135,944 compared to $1,018,609
calculated for 1980.
This is an increase of $117,335 or 11~%.
The increment over the 106% limitation is due to the increase in new construction
valuation determined for 1980. The City is entitled to levy the full $3.60 per
$1000 of valuation on new construction and improvements.
In 1980, new construction is valued at $15,616,000 compared to $6,611,000 in 1979,
and $9,217,000 in 1978.
The City's entire assessed valuation increased over 60% or to $451,000,000from
$282,00U,000.
The sharp rise is due, of course, to the Assessor's concerted effort to update property
assessments (a commendable effort, in my opinion).
I should noce that the regular taxes will not totally accrue to the General Fund.
A portion will be diverted to the Firemen's Pension Fund in an allocation I will
recommend at a later date.
Also, the tax revenue represents 100% of our entitlement. The actual collections
will be somewiLat less.
I mention this because the amount of uncollected City taxes at the end of 1979
was well over $30,000 - the highest delinquent margin for the County in recent
memory.
This may be a product of recession or indicative of the fact that people tend to
"borrow" against property tax payments as the delinquent tax interest rate has been
far more competitive than prime cornnlercial lending rates.
Although somewhat offset in 1981, City property taxes in the current year are
being adversely impacted by the following factors:
1. In 1980, the City's full "106%" levy could not be implemented because the
assessed valuation did not increase 6% between 1978 and 1979.
As I've illustrated previously, the valuation must increase at least 6%
annually, in order for the City to levy its full entitlement and remain at or
below the statutory levy limit ($3.60 per $1000).
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MEMO
Page Two
September 18, 1980
2. The increased amount of uncollectible taxes mentioned above.
These two issues could produce an estimated $28,000 negative impact on 1980
revenues.
The Council should entertain a motion authorizing the Mayor and City Clerk to
sign the certification.
Thank you.
REO/ls
cc: H. Parrish
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City of Port Angeles
TOURIST JIECCA OF 'fill: N(JI~-rllU'EST
140 WEST FRONT STREET
PORT ANGELES, WASHINGTON 98362
5eptembe~
Mr. Ben Stone, Administrative Coordinator
Clallam County Board of Commissioners
County Courthouse
223 East 4th Street
Port Angeles, WA 98362
RE: Certification of Ad Valorem Taxes, Budget Year 1981
Dear Ben:
In accordance with RCW 84.52.020, The City of Port Angeles herewith certifi.es
that the amounts of Ad Valorem Taxes necessary for the City budget for the year
1981 are as follows:
Regular Property Taxes
Excess Levy, 1961 General
Obligation Bonds
Excess Levy, 1978 General Obligation
Bonds
$1.,1)5, 944 ~ /. /Y:'.
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23,863..-
TOTAL
171 ,750 ./
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Thz calculation for regular property taxes is based upon the "106% limitation" rule
specified in RCW 84.55, details of which are attached for your review.
I point out that new construction assessed value estimate is preliminary. At this
writing, the County assessor has not provided the City with official notification
of the 1980 valuations for taxes due in 1981. Revised figures will affect our
estimate.
Thank you.
~~
Samuel Haguewoo Hayor
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Marian Parrish, City Clerk
REO/Is
cc: City Clerk
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CITY OF PORT M~GELES
106% REGULAR LEVY LIMIT CALCULATION
Property Tax Entitlements 1980:
(1)
$1,213,110
Less:
(a) Excess Levy, 1961.G.O. Bonds
(b) Excess Levy, 1978 G.O. Bonds
Regular Property Taxes, 1980
Regular Property Taxes, Multiplied by 1.06%
/ :1 C ill...... ,\. :: ~, f\. 'f , ,~., /- /
Add: Allowance for New Construction and
Improvements (i.e. Assessed Value of New
Construction multiplied by the City maximum
levy rate)
15,616,243(2)x $3.60 ; 1000 =
(23,688)
(170,813)
$1,013,609
$1,079,726
,; ::.-~""
+ 56,218
Total Regular Property Tax Limit for Taxes
Due in 1981:
C-l-'135 944-
-y, ,
r:
r 1 ./_' .~; ~.
Add: .-
.- -
(a) Excess Levy, 1961 G. o. Bonds
(1981 Debt Service)
(b) Excess Levy, 1978 G. O. Bonds
(1981 Debt Service)
Total Estimated Ad Valorem Taxes 1981:
+
23,863
171,750
+
, ~J ~ ::, I of) I i
$1, -331; 55-7-.
(1) Source: County Treasurer's Collection Report
(2) Source: Telephone Communication, County Assessors Office
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WASH1NGTe STATE DEPARTMENT OF _VENUE
property Tax Bulletin "
d?Y
PTB 80-4
~;September 15, 1980
CITY ANNEXED BY FIRE AND/OR LIBRARY DISTRICTS:
. ...
Under Ra~'s 27.12.390 and 52.04.190, a city or town may levy up to $3.60 per
$1,000 of assessed value when annexed to a fire protection and/or library district,
provided that the 106% limit of RCW 84.55 shall still apply. The levy computations
for the districts are outlined as follows:
1) Compute the fire protection district levy using the city assessed
value as the district's annexation assessed value. The Department's
106% computation sheet provides the format for this calculation.
2) Subtract the fire district's levy rate. arrived at in the above
calculation. from the city statutory rate of $3.60. This $3.60.
less the fire district's rate, is noW the city's maximum levy
rate allowed by statute without regard to the 106% limit.
"'-'"
Page five PTB 80-4
../
3) Calculate the 106% limit for the city independent of the above
calculations.
4) The levy rate for the city will be the lesser of the two rates
calculated in C2 and U3 above. The fire district levy may be
placed between the $3.60 and city's levy rate under the 106%
limit without further reducing the city levy if" the difference
between these two levy rates is large enough.
In future levy calculations for the city. the maximum levy allowed by statute
will be computed the same as in 02 above. That is, as long as the city remains an-
nexed by the fire district. the fire district'S levy must be subtracted from the
$3.60 rate. Each year this reduced levy must be compared to the maximum levy allowed
under the 106% limit and the lower of the two rates adopted.
The calculations for library districts annexing cities are the same as above.
If both fire and library districts annex a city, then both of the districts' rates
must be subtracted from the city's $3.60 to determine the maximum city rate allow-
able under statute. Similarly, the city rate under the 106% limit is compared to
this and the lower of the two is adopted.
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MEMO:
MAY 29, 1981
TO:
MAYOR AND CITY COUNCIL
FROH:
DAVE FLODSTROM
~
\ I~, .
"-~ ...I>-~._---
SUBJECT:
FUNDING OF NORTH OLYMPIC LIBRARY SYSTEM
Prior to the 1981 legislative session, cities of population less than
8,500 ~ere allowed to annex into rural library districts. This annexation
then allowed the rural library district the opportunity to levy their annual
tax levy authorized by RCW 27.12.50 throughout the library district, includ-
ing any city annexed thereto.
During the 1981 legislative session, the population limit was raised to
100,000 population. As a result of this change, the City of Port Angeles is
now eligible for annexation to the North Olympic Rural Library District. I
have discussed this recent legislative change with Terry White, Library Director,
ano she in turn has discussed it with the Library Board. It is the Board's
feeling and I think that of Director's l?ihite's that this funding mechanism
has some advantages over the present method the City uses to fund the City's
share of library service costs.
I have asked 1~. White if she will attend the June 2nd Council meeting
and assist us in discussing the annexation question. I have also attached
a copy of the present regulating Ra~ 27.12-360. Copies of SB 3150 (recent
legislation passed by 1981 legislator) have been requested but not yet received.
If the City Council and Library Board were to wish to proceed with this
issue, a vote of the citizens of Port Angeles ,would be required (probably in
the fall of this year).
Hopefully, additional fnformation will be available and can be provided
to the Council on Tuesday.
DF / jh
Attachment
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~ 27.],2.340 Title ,27 RC. Libraries, Museums, and Historical Acti.
pamphlet. manuscript. or ?ther property belonging !n or 27.12..380 .~?ne~ation. of city or town .into ru~al
to an,. public library, readmg room, or other educatIonal county library Glstnct or mtercounty rural library dl5-
institution, for thirty days after notice in writing to re- triet-Withdrawal of annexed city or town. The legis-
turn the same, given after the expiration of the: time that lative body of such a city or town which has annelted to
by the: rules of such institution such article or other such a Jibrary district, may, by resolution. present to the
property may be k~pt, shall be guilty of a misdemeanor. voters of such city or town a proposition to withdraw
[1935 c 1 19 ~ )7; RRS ~ 8226-17. Prior: 1909 c 116 S from said rural county library district or intercounty ru-
12' 1901 c 166 S 12 J ral library district at any general election held at least
' three years following the annexation to the library dis-
trict. [] 977 ex.s. c 353 ~ 3.]
27.12.350 [xef:t!tory conditional sales contracts for
purchase of property-Limit on indebtedness-
Election, when. 5c,; [{CW 39.30.010.
27.12.360 Amw:<ation of city or town into rural
county library dbtrict or intercounty rural .library dis-
trict--Initiation procedure. Any city or town with a
p...Qp-ulatiOlu!LeighLlhous~m.Lfive hundr<;.d or less at th.e
LimL.OLanne.~-'!.tiQ..n may becom_e a part of any rural
cQlInty-liJmliL.9istrict or in~~Qun.ty rural ]ibrar.Y....!ii~-
trict lying contiguous thereto by annexation in the fol-
lowing manner: The inclusion of such a city or town may
be initiated by the adoption of an ordinance by the leg-
islative authority thereof stating its intent to join the li-
brary district and finding that the public interest will be
served thereby. If the board of trustees of the rural li-
brary district or intercounty rural library district concurs
in the annexation. notification thereof shall be transmit-
ted to the Iegi:.l.1tive authority or authorities of the
counties in which the city or town is situated. [1977 ex.s.
c 353 9 I.)
27.12.370 Annexation of city or town into rural li-
brary district or intercounty rural library district-
Spl'cial election procedure. The county legislative au-
thority or authorities shall by resolution call a special
election to be held in such city or town at the next date
provided in RCW 29.13.0 I 0 but not less than forty-five
days from the date of the declaration of such finding.
and shall cause notice of such election to he given as
provided for in RCW 29.27.080.
The election on the annexation of the city or town into
the library district shall be conducted by the auditor of
the county or counties in which the city or town is lo-
cated in accordance with the general election laws of the
state and the results thereof shall be canvassed by the
canvassing board of the county or counties. No person
sl1:1I1 be entitled to vote at such election unless ,he 'or she
is regIstered to vore in said city or town for at least
thirty d3}~ prececltng the date of the election. The ballot
propo.,ition shall be in substantially the following form:
'Shall the city or town of _______________ be an-
nexed to and be 3 part of _. __ _ _ _ _ __ __ _ _ _ library
district?
yES......... .........................0
1'() ......... ......................... O.
If a majority of the persons voting on the proposition
shall vote in favor thaeof, the city or town shall there-
upon be annexed and shall be a part of such intercounty
rurallibr.tr)' di)lrict or rural library dislrict. [1977 ex.s
c J5J ~ 2.)
n ,llr 27 ROV (1979 I:.d.}-p JO)
~~~*~..~~~:';':O~~:H::..4f.:!W,..;l~w~"" ,..r;~"QJUo,~j4'~.,.w.~.~7;"'(.:p....4p:;'?'Q~1_______ _..._.. ~~~_,
;l7.J2.390 Annexation of city or tOWD in~:) rural li-
brary district or intercounty rural library distriet-
Tax levies. The annual tax levy authorized by RCW 27-
.12.050 and 27.12.150 shall be imposed throughout the
library district, including any city or town annexed
thereto. Any city or town annexed to a rural library dis-
trict or intercounty rural library district shall be entitled
to levy up to three dollars and sixty cents per thousand
dollars of assessed valuation less any re;;u]ar levy made
by such library district in the incorporated area. not-
withstanding any other provision of law: Provided. That
the limitations upon regular property taxes imposed by
chapter 84.55 RCW shall apply. [1977 ex.s. c 353 S 4.]
Chapter ::'7.14
LIBRARY DISTRICT LOCAL I;\-IPROVEi\lENT
DISTRICTS
S>-..ctions
27.14.010
27.14.015
Definitions.
'Owner'. 'reputc:rl owner"-Sufficie:1cy of
signa tu ra.
Petition or resc!ution method authorizeC-Procc-
durc-Assnsments.
Resolution of hlcrnien.--PublicatlOn--N.Jtice to
property 0\\ ne~
Heanng-Boundaries-Protcs!s-Dlvc:stment
of jurisdiction-Powers and dutia pursuant 10
findmg for formation.
Subsequent proceedings to be in accord::ncc with
sewer district law.
Chapter may be used in conjunction WIth rcgiorul
agreements.
Chapter not to 3ppty to c::rt.Ji.., materials printed in Iibrllry dIstrict:
RCW 8204.600 .
27. J 4.020
27.14.030
27.14.035
27.14.040
27.14.050
27.14.010 Definitions. As used in this chapter:
. Library district. means a rural county library dis-
trict. or intercounty rural libr:> ry district. [1961 c ] 62 ~
I.]
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27.14.015 "Owner", "reputed owner"-..sufficicncy
of signatures. Whenever the terms .owner" or . reputed
owner" of property are used in this chapter. such terms
shall include the following:
(]) The signature of a record owner, as determined by
the records of the county auditor. shall be sufficient
without the signature of his or her spouse.
(2) In the case of mortgaged property. the signature
of the mortgagor shall be sufficient.
(3) ]n the case of property purchased on contracl, the
signature of the conlract purchaser. as shown by the re-
cords of the county auditor. shall be deemed suffIcient.
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New Construction Valuation
City of Port Angeles
1976-1980
Year
1976
1977
1978
1979
1980
Valuation
$ 9,710,220
9,559,810
9,217,420
6,611,000
15,616,000
Annual Average:
$ 10,100,000
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Comparison of Growth Rates
In Assessed Valuation Between
City and Rural Library District
Assessed Assessed Combined
Value in Percent Value in Percent Percent
Year City(OOO's). Change District(OOO's) Change Change
1974 $ 168,407 $246,382
1975 180,119 - + 7.0 335,988 + 36.4 + 24.4
1976 213,174 +18.4 354,215 + 5.4 + 9.9
1977 235,535 +10.5 406,818 + 14.9 + 13.2
1978 252,699 + 7.3 467,346 + 1'4.9 + 12.1
1979 282,911 +12.0 578,883 + 2'3.9 + 19.7
1980 548,147 +93.8 685,304 + 18.4 + 43.1
Averages:
+24.8
+ 19.0
+ 20.40
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Estimate of City's
Net Effective Tax Rate
(OOO's) (1) (2 )
City City Effective
Assessed Regular Tax Rate
Valuation Property Taxes Col 2 7- Col 1
1981 $ 548,147 $ 1,136,599 $ 2.0735
1982 578,295 1,241,154 2.1460
1983 610,101 1,351,983 2.2200
1984 643,657 1,469,462 2.2800
1985 679,058 1,593,990 2.3470
1986 716,406 1,725,989 2.4090
1987 755,508 1,865,908 2.4690
1988 797,377 2,014,222 2.5261
1989 841,233 2,171,435 2.5811
1990 887,502 2,338,081 2.6345
1991 936,315 2,514,726 2.6858
1992 987,812 2,701,970 2.7353
1993 1,042,142 2,900,448 2.7830
1994 1,099,460 3,110,835 2.8290
1995 1,159,930 3,333,845 2.8740
1996 1,223,726 3,570,236 2.9180
1997 1,291,030 3,820,810 2.9600
1998 1,362,037 4,086,419 3.0000
1999 1,436,950 4,367,964 3.0400
2000 1,515,982 4,666,402 3.0800
(1) AV assumed to increase @ 5~% per year
(2) Assumes $10.1 million in annual new construction-
$10,100,000 : $1,000 x 3.60 = $36,360 per annum.
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Revaluation of Property
real or personal property (including any permit, conces-
sion agreement or other type of agreement essentially
comparable to a lease) may agree to a modification of
the provisions of such lease in order to allow, in whole or
in part, the absorption by the public lessor of any prop-
erty tax imposed upon the leasehold interest, if the lessee
agrees to'a suitable modification of the provisions of
such lease with respect to the duration or other terms of
such lease for the benefit of the public lessor; and for the
purpose of allowing such modifications with respect to
the duration of the lease a public lessor is authorized, if
it finds it to be beneficial to itself, to extend the term of
such lease for a period not to exceed five years beyond
any otherwise applicable statutory limitation. [1971 ex.s.
c 43 ~ 5.]
84.40A.900 Severability-1971 ex.s. c 43. See
note following RCW 84.40.030.
Chapter 84.41
REV ALVA nON OF PROPERTY
Sections
84.41.010
84.41.020
84.41.030
Declaration of policy.
Scope of chapter.
Revaluation program to be on continuous basis-
Revaluation schedule.
Physical inspection and valuation of taxable property
every four years-Adjustments during intervals
based on statistical data.
Budget, levy, to provide funds.
Assistance by department of revenue at request of
assessor.
Finding of unsatisfactory progress-Notice-
Duty of county commissioners.
Contracts for special assistance.
Valuation standards-Department of revenue rules,
regulations, publications.
Assessor may appoint deputies and engage expert
appraisers.
Appraisers to act in advisory capacity.
Assessor to keep records-orders of department of
revenue, compliance enjoined, remedies.
Assessor's annual reports.
Department of revenue's report to legislature.
84.41.041
84.41.050
84.41.060
84.41.070
84.41.080
84.41.090
84.41.100
84.41.110
84.41.120
84.41.130
84.41.140
84.41.010 Declaration of policy. Recent comprehen-
sive studies by the legislative council have disclosed gross
inequality and non uniformity in valuation of real prop-
erty for tax purposes throughout the state. Serious non-
uniformity in valuations exists both between similar
property within the various taxing districts and between
general levels of valuation of the various counties. Such
non uniformity results in inequality in taxation contrary
to standards of fairness and uniformity required and es-
tablished by the Constitution and is of such flagrant and
widespread occurrence as to constitute a grave emer-
gency adversely affecting state and local government
and the welfare of all the people.
Traditional public policy of the state has vested large
measure of control in matters of property valuation in
county government, and the state hereby declares its
purpose to continue such policy. However, present stat-
utes and practices thereunder have failed to achieve the
measure of uniformity required by the Constitution; the
resultant widespread inequality and nonuniformity in
i:.:
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84.41.050
valuation of property can and should no longer be toler-
ated. It thus becomes necessary to require general reval-
uation of property throughout the state. [1961 c 15 ~
84.41.010. Prior: 1955 c 251 ~ I.]
84.41.020 Scope of chapter. This chapter does not,
and is not intended to affect procedures whereby taxes
are imposed either for local or state purposes. This
chapter concerns solely the administrative procedures by
which the true and fair value in money of property is
determined. The process of valuation, which is distinct
and separate from the process of levying and imposing a
tax, does not result either in the imposition of a tax or
the determination of the amount of a tax. This chapter is
intended to, and applies only to procedures and methods
whereby the value of property is ascertained. [1961 c 15
~ 84.41.020. Prior: 1955 c 251 ~ 2.]
-*-
84.41.030 Revaluation program to be on continuous
basis-Revaluation schedule. Each county assessor
shall maintain an active and systematic program of re-
valuation on.a continuous basis, and shall establish a re-
valuation schedule which will result in revaluation of all
taxable real property within the county at least once
each four years. [1971 ex.s. c 288 ~ 6; 1961 c 15 ~ 84-
.41.030. Prior: 1955 c 251 ~ 3.]
. Savings---Severability-1971 ex.s. - C 288: See notes following
RCW 84.40.030.
84.41.041 Physical inspection and valuation of tax-
able property every four years-Adjustments during
intervals based on statistical data. Each county assessor
shall cause taxable real property to be physically in-
spected and valued at least once every four years in ac-
cordance with RCW 84.41.030, and in accordance with
a plan filed with and approved by the department of
revenue. Such revaluation plan shall provide that a rea-
sonable portion of all taxable real property within a
county shall be revalued and these newly-determined
values placed on the assessment rolls each year. During
the intervals between each physical inspection of real
property, the valuation of such property may be adjusted
to its current true and fair value, such adjustments to be
based upon appropriate statistical data.
The assessor may require property owners to submit
pertinent data respecting taxable property in their con-
trol including data respecting any sale or purchase of
said property within the past five years, the cost and
characteristics of any improvement on the property and
other facts necessary for appraisal of the property. [1979
1st ex.s. c 214 ~ 9; 1974 ex.s. c 13l ~ 2.]
84.41.050 Budget, levy, to provide funds. Each
county assessor in budgets hereafter submitted, shall
make adequate provision to effect county-wide revalua-
tions as herein directed. The several boards of county
commissioners in passing upon budgets submitted by the
several assessors, shall authorize and levy amounts which
in the judgment of the board will suffice to carry out the
directions of this chapter. [1961 c 15 ~ 84.41.050. Prior:
1955 c 251 ~ 5.]
rritle 84 RCW (1979 EAi.)-p 731
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ORDINANCE NO.
AN ORDlNA~CE initiating the process which will result in a special election
to detennine whether the City of
shall be annexed into t.l),e
future increases in the library levy rate,
join
-brary District by declaring the required intent to
t and by finding that such annexation is in the public
an important and essential service to ~~e
to assist them in meeting their needs
for infonnation,
f-education, and
been provided by the City through a
Rural Library District, and WHEREAS, present
limitations of revenue
the City to maintain the p
District, and
WHEREAS, Chapter 27.12.010,
the Revised Code of lvashington prOVl e
City into the rural library district,
WHEREAS, such annexation would allow city taxpa
BE IT ORDAINED BY TIIB CITY OF
Section 1. That the City does hereby initiate
annexation of the City into the Pierce COlmty Rural Library District by .
I
stating its intent to join the Library District and by finding that the
public interest l:ill be served by dojng so,
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Section 2. That the City Clerk be directed to transmit this ordinance to the
Pierce COillity Library Board of Trustees and if the Library Board concurs to
take the further steps outlined in the R.C.W. cited above to place this ques-
tion before the voters at the earliest possible election,
Section 3. This ordinance shall ta\e effect irrnnediately upon final passage.
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fINANCING PUBlIC LIBRARY SERVICE FOR SM.~LL CITIES: AN ALTERNATIVE
The effect of the 106% limitation I rapidly rising property assessments I and the
Fort Vancouver Regional Library's recent success in restoring its levy rate to 1972
levels have combined to present difficulties for some small cities in maintaining
th21r present contracts for library service.
The at~ached material outlines one possibility for alternative funding of public
libra:y service. For your ll1formation please find;
1) B3ckground information about the present situation
2) An explanation of the annexation option
3) R. C. W. cItatIOns defining the process
4) Excerpts from Property Tax Bulletin 80-4 issued by
the State Department of Revenue explaining the cal-
culation of levies resulting from such annexation
5) A sample ordinance to initiate the process
The Library recognizes tha t the usefulnes s of this option may vary from city to
city and circums tance to circumstance. The Library is committed to working with
contracting cities to find ways of maintaining library service in an equitable and
cost-effective manner.
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BACKGROUND
Incorporated citleS in vVashington State have provided public library service
through two basic models. Some cities have chosen to establish library serv1ce
as a department of city government. Others have chosen to contract for service
with rural county or intercounty rural library districts. Still others provide no
l1brary service at all.
Cities which contract for l1brary service have paid a fee for service equivalent
to the propel ty tax levy collected within the libra ry district. In addition I where
library buildings eX1st in contracting cities I current contracts provide for city
support of those buildings.
Library service 1S a general fund expenditure for contracting cities.
RC1pldly rising property assessments coupled with the effect of the 106% lid have
combmed to make the present a rrangement for contracted service less practical.
The 106% limitation has the effect of reducing city and library levy rates each
year.
However I because a portion of the library district is reassessed each year while
each city 1S reassessed only once every four years I the rates decline at different
speeds. In the year a city is reassess2d I its library costs jump substantially
fa ster than Its revenues.
To further complicate matters I the Fort Vancouver Regional Library District gained
voter approval ll1 the library taxing distnct to restore the library levy rate to 50<::
. "
Background Cont.
pa ge 2
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for 1981 only. This results in an 1l~9 increase in the rate for contracting cities
but does not effect city revenue. For cIties reassessed in the same year, this
has the effect of compounding the difficulties in budgeting for library service in
1981.
Recognizing these Clfcumstances, the Library Board adopted a policy in August
1980 expressing its willingness to work with any city wishing to explore alterna-
tives for maintaining service.
One of these alternatives is annexation of the city into the library taxing district.
4~NNEXATION
\,t\TB..A T:
---
A City-initiated process which allows the intercounty rural library district to levy
taxes inside the boundaries of an incorporated city with a population of 8,500 or
less at the same rate and on the same basis that the library tax is levied in the
surrounding unincorpora tcd county.
H 0\1'1 :
1) The City Council adopts an ordinance stating its intent to join the library
district a nd finding that the] . blic interest will be served thereby.
2) The Board of Trustees of the libr~ry district concurs in the annexation.
. ,
Annexation Cont.
Page 3
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3) The proposal is reviewed by the Boundary Review Board.
4) Notification of approval is transmitted to the Board of County Commissioners
who call for a special election to be h(~ld by the city at the next election
date provided for in R.C.W. 29.13.010 but not less than forty-five days from
the declara tion of such finding.
5) The ballot proposition must substantially follow this form:
"Shall the city or town of
be annexed. to and be a part of
Fort Va ncouver Regional Intercounty Rural Library District?"
YES. . ... .....
NO . . . . . . . . . .
6) A simple majority of the persons voting on the proposition will determine the
outcome of the election.
7) Election results must be certified to the County Auditor' s Office before
March 1st for the annexation to take effect in the following calendar year.
Thus I :!Jecember 19 is the filing dei3dline for the February 1981 election.
Any annexation election held after Februury 1981 would not take effect until
1983.
IMPACT ON CITY TAX RATES
Annexation does not increa se the cost of library service to residents of a city.
.~ ~ -Impact on CIty Tax Rateaont.
Page 4
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However it does increase the city's maximum levy authority from a limit of $3. 37t
per thousand dollars to $3.60 per thousand dollars. The library levy is subtracted
from the $3.60 before the city lev i is calculated under the 106% lid.
The library levy may be placed between the $3.60 and the city's levy rate under
the 106% lid wIthout further reducll1g the city levy if the difference between the
tNO levy ra tes is large enough. This proces s removes the library from the city
g<::- neral fund and thus a llows some or the city's levy to be used for other municipal
purposes.
It \vG'uld also 3110w u CIty voter to vote on any future increase in library tax
wtes.
The annexation may be reversed by a Councll-il1ltiated special election anytime
three years or more after the annexation.
t l'/?:.:'
FROM THE DESK OF:
MARIAN PARRISH
CITY CLERK
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A~ses~d in 1900 - Collectible in 1981
CLALLAH COUNTY TAX LEVIES
LESTER J. LANCASTER, Clallam Co un ty Assessor
Cities Roads Schools Port State County Fire Dists. Librar Hospitals I Park TOTAL Dist
General I BO:ld Special Bond General Bond u General Bond EHS u General Bond I Rec.
" :r
2.07353 ! .36861 .21088 .15950 3.86426 1.18868 .14316 2 .12508 '.08714 8.22084 010
2.07353 I .15950 3.86426 1.18868 .12508 7.41105 AGB
2.07353 I .36861 .21088 .15950 3.86426 1.18868 .14316 2 .12508 .08714 8.22084 011
2.07353 I .15950 3.86426 1.18868 .12508 7.41105 AGB
2.07353 I .32238 I .21088 .15950 3.86426 1.18868 .14316 2 .12508 .08714 I 8.17461 012
2 n7"?<;"? I I 7 <;0 c;n ~1.<>r....,r 7.18868 .12508 7.41105 AGB
? "?C;I';?? I C;??R 7 7C;0c;n J. <>r ....,~ 7 7RRI';R 74176 2 .12508 .08714 .26823 8.71508 020
? "?C;I';?? 7C;0c;n I, nr....,r 7 7 RRt:;R 72t;08 7.69374 AGB
c;nnn 7 ')I:QR 7 4941><; 7 <;q c;n ."? Rl>d?1> 7 7 RRI';R 74"? 71'; 1 .52784 .35100 11.24890 050
7c;oc;n ') .- 7 7 RRt:;R t;?7R4 R ,,,,..,....,, JlGR
7 AOA-:<: 7 <:Ol:;n ') n_ 'n_ 7 700~O 7// "?7h 1 .52784 .35100 9.87909 051
"? 7 c; nnn ! 7 <;9')n , - .- 7 7 RRriR .52784 8.89028 ~'<;R
! - , 7 ~"7 "JO I . 21088 .15950 3.86426 I 1.18868 .14316 .42415 2 .12508 .08714 , 7.81023 7 n 7
: I 1.60738 i .1595013.86426 1.18868 .42415 .12508 I 7.36905 A,<;R
t 7 --- i ?7"OC . 7 ')950 "?86426 I 1.18868 .14316 2 .43914 .27448 .42415 2 .12508 .08714 I 8.52385 7n,
j I 7 r:.n7"?R I 7')9')n 1.8r;4,r; 7 7881>8 .43914 .42415 12508 7.80819 ll.cR
I I 7 hf/7'(R I ?'7nRR I 7l:;0l:;" "? O~A"1:: 7 7 RRr:.R 7d"? 71'; 4241'5 2 7 ?<;n,q ,08714 7 R7n?"? 7n"?
i ; 7 I';n7')R 7l:;0l:;" "? o~"'''r 7 7RRI';R I LI?LI7l:; 7 ? l:;n R 7 71';OnC; lll:R
I I 7 1::,.,..,., 0 I ?7"OO 7C;qC;n 3.8642r; 7. 788r;8 .1437r; 2 .43914 .27448 .42415 21 .12508 .08714 8.52385 704
I i1 I';n7"?R I 7 <; q c;n "? Rfi4?fi 7 7 RRhR .43914 .42415 .12508 7.80819 r..cR
I ! 7 h./17 7 R I ? ? <:h 7 7 7 Rd 777 7 <;q<;n "? o~//.,e. I 7 7 RRt:.R 7417" 4'47') , 7,C;OR 08774 77 69"C;q 1 <; 7
I
I , 7 h"770 I 7C;Q<;n 7 Rhd?t:; ! 7 7RRI';R 4?47<; 7?t;nR - 1-1.... J690 ') ~ ~;
I I. ,,"77D I? ?<:t::77 7 Rd 7 7 7 75950 1.86426 I 1.18868 .14316 2 .43914 .27448 .42415 2 .12508 .08714
I i 7 r;n7"?R ! 7C;Q<:n , RhA?t:; I 7 7 RRr-;R .17Q7// .42415 .12508 -=-t 12.41021 (
I I 7 t:;"77D ,? ?C;fi77 7 R.177? 7 <;qC;n "? or....,&. I 7 7 RRfiR 74,7r;' d "?7?n <; t; <;47 7 42415 2 12508 .08714 t 7.80819 ~J:R
I 7 h"770 ! 7 <:OC;" , 7 RfiLI?r:. j 7 7 R Rr;R 77?nC; d/.175 1250R / .- 1,2.622751 753
7.74710 :"&8
I . 7 h"770 I 7c;q<;nl"? RfiLI?fi I I 4247<;1,
I C;??07 7 7 RRhR 7417fi 1/<;Ofl 08774 1.2f,R2 R 390,9 171
,
i 7 J.0738 I .7595013.86426 I 1.18868 .42415 .12508 I 7.36905 A&8
i 7 r,n71R ! t;??R7 .7595013.86426 I 1.188681 .14316 3 1.00000 .2500Q .42415 2 .12508 .08714 1.2682 9.64039 172
I I 7 r:;n7"?R I I 7';Q<;nI3.86426 I 1.18868 I I 1.00000 .250GO .42415 .12508 I 8.61905 A&B
I / 1 fin7 <R I ? 7 nR 0 7c;Qr,nl? 864?fi I 7.788(,8 I .14316 .42415 2 .12508 .08714 I 7.81023 77 J
I I 7 I 7';Qt;nIJ ",.....,,. ! 77RRriRI I' .42415 .12508 I 7.36905 .0;;:>
i ! 2.60718 ! .21088 .1595013.86426 I 1.18868 I .14316 2 .43914 I .27448 .42415 I 2 .12508 .08714 ! 8.52385 I 774
I : 1.60738 I .1595013.86426 , 1:18868 I I .43914 ! .42415 1 I .12508 I 7.80819! ;'.;-::?
I
J .!..6()7<R! 77nRRI.15950/3.86426 ! 1.188681 .14316 I I .42415 j 2 . 12508 .08714 I 7.81023 I 17<;
I .
I I 7 t:.n7?R I I 7';QC;Oi3.86426 I 1.188681 I I .42415 I .1250R I 7.36905 I r..:-r>
I i 7 hn7?0 I I ?7nDOI 7<;q<;nl ?86426 ! 1. 7R868 I .74316 1 7 ~~~~n I .25000 I .42415 12 .12'508 08714 I I 9.06023 I 1.76
i I 7 fin??R i I 1.1<;95013.86426 I 1.18868i .25000 I .42415 I I I I 8.61905 I A&3
I I 1.00000 .12508
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Assessed in 1980 - Collectible in 1981
CLALLAM COUNTY TAX LEVIES
LESTER J. LANCASTER, Clallam County Assessor
Cities Roads Schools Port . Sta te County Fire Dists. Library Hospitals Park TOTAL Dist
Ceneral Bond Special Bond General Bond # General Bond EMS " Genez"a1 Bond Rec.
"
1.60738 .52281 .15950 3.86426 1.18868 .14316 .42415 2 .12508 .08714 .2682-, 8.]9039 2()7
1.607]8 . 15950 3.86426 1.18868 .42415 .12508 I I 7.]6905 ll.c~
I
1.607]8 .52281 .15950 3.86426 1.18868 .14]16 3 1.00000 .25000 .42415 I 2 .12508 ..08714 1.2682.J 9.64039 20'
I 1.60738 .15950 3.86426 1.18868 1.000001 .25000 .42415 8.61905
I .12508 ll..c:~
1.60738 .93454 .84171 .15950 3.86426 1.18868 .14316 .42415 1 .52784 .35100 I 10.04222 11'1 7
I 1.60738 .15950 3.86426 1.18868 .42415 .52784 I 7.77181 .lI.C ~
I 1.60738 .93454 .84171 .15950 ].86426 1.18868 .14316 5 .39728 .42415 1 .52784 .]5100 . _. 10.4]9'10 302
1.60738 .15950 1.8{;42{; 1 1R8Fo8 .19728 4241'1 .52784 R 7F,Q()Q 'A.l:R
-
7 494;<:;S:; rS9e;n '? O~A"~ 7 188{;R 7A'?7{; A?A71:; 7 7?s:;nR nR774 R "'''.I'''' '1 n 7
7 . Fon7'?R I 7 s:;q ,>n , O~A"~ 7 7 RRl':.o A 74 7 s:; 7?1:;l'Io 7 '?I':.ons:; ;a.l:~
! 7 ~1'I7':1R ! AOA~1:; 7 <: q s:;n , O~A"~ 7 7 R 01':. Q 7/1'71':. 4?4 7 s:; 1 152784 .S:;7nn 8 7F;nFo 7 502
. 7 ~1'I7 ':IR 1 .1'5950 1.8642Fo 1 7 RRFoR .4247'1 .'i?7RA 7 777R7 A&B
i 17 <""....,,, I .4946S I. 7e;qe;n · '? RI;4?;<:; I 7 78RF,R 74':1 7F, 7 7?ROI'I 7 '?9 <;7 A?47S:; I 7 S'7R4 '? '1 7 fir) i Q 0"01')0 50]
I I , - ~ I I 7<;qe;n '? Q~/1"~ I 7 7 Rol':.O I A?A7t; t;?7RA R 7()()77
! A&B
I I 7 F,n7'?R I 49Ar:.s:; I 7e;q<;n ., O~/1"~ I 7 7 RRr:.o 74<7" It::. A?A71:; 7 1:;?70A ..,1:; ](7r1 o 1:;?OO? 506
I I 7 ~1')7':10 I I 7'>0'>1'1 1. O~A"L" I 1 l88nR I A'47 s:; S:;?7R4 I I R S:;47 7 7 A.l:R
.
TOTAL VA.WA.TION
$1,]33,111,459
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