HomeMy WebLinkAboutAgenda Packet 10/23/2007
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~ORTANGELES
WAS H I N G TON, U. S. A.
AGENDA
CITY COUNCIL MEETING
321 East 5th Street
October 23, 2007
SPECIAL MEETING
6 :00 pm
AGENDA ITEM First ACTION REQUESTE:Q
Page
A. CALL TO ORDER - Special Meeting (6:00 p.m.)
B. ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC CEREMONIES/PRESENTATIONS
1. Recognition of Gary Stempin / Retiring Street B-1 1. Present Proclamation
Superintendent
C. PUBLIC HEARINGS - OTHER
1. Street Vacation - City of Port Angeles - 1. Conduct Public Hearing; Waive 2nd
Peninsula Daily News - STV07-01 Reading; Adopt Ordinance
D. FINANCE
1. Purchase and Sale Agreement of City Property 1. Approve Agreement
2. Waste Connections Washington Incorporated 2. Approve Agreement
Settlement Agreement
E. ADJOURNMENT
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PUBLIC HEARINGS
Public hearings are set by the City Council in order to meet legal requirements pertaining to matters such as land use permit
applications, proposed amendments to City land use regulations, zoning changes, and annexations. In addition, the City Council
may set a public hearing in order to receive public input prior to making decisions which impact the citizens. Certain matters may
be controversial, and the City Council may choose to seek public opinion through the public hearing process.
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NOTE: HEARING DEVICES AVAILABLE FOR THOSE NEEDING ASSISTANCE
MAYOR TO DETERMINE TIME OF BREAK
October 23, 2007 Port Angeles City Council Meeting Page - 1
~ORTANGELES
WAS H I N G TON, U. S. A.
I.
CITY COUNCIL SPECIAL MEETING
CALL TO ORDER - SPECIAL MEETING:
II. ROLL CALL:
Members Present:
Mayor Rogers
Deputy Mayor Williams
Councilmember Braun
Councilmember Headrick
Councilmember Munro
Councilmember Petersen
Councilmember Wharton
Staff Present:
Manager Madsen
Attorney Bloor
Clerk Upton
G. Cutler
T. Gallagher
D. McKeen
y. Ziomkowski
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October 23, 2007
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III. PLEDGE OF ALLEGIANCE:
Led by: ~Q'10l'Y'\,fi~.h~ ~^^O
· FORTANGELES
WAS H J N G TON, U. S. A.
CITY COUNCIL SPECIAL MEETING
Attendance Roster
DATE OF MEETING: October 23.2007
LOCATION: City Council Chambers
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City of Port Angeles
FORTPfGELES
Ordinance/Resolution Distribution List
WAS H I N G TON, U. S. A.
City Council Meeting of October 23. 2007
Ordinance / ~.d~~
Resolution No. ~~~
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City Manager
City Atty. (1) 1 V"
Planning J V
City Clerk (1) J/
Codifier (1) ,/
Personnel
Cust. Svcs.
Finance
Dir./Mgr.
Police Dept.
Fire Dept.
Light Dept.
Parks & Rec.
Pub. Works I V
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WAS H I N G TON, U. S. A.
CITY COUNCIL MEMO
DATE:
OCTOBER 23, 2007
To:
CITY COUNCIL
SUE ROBERDS, PLANNING MA~
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STREET V ACATlON PETITiON - STY 07-01
CITY OF PORT ANGELES/PENINSULA DAILY NEWS
FROM:
SUBJECT:
Summanr: . Consideration of vacation of a portion of the Cherry Street right-of-way between the
Front/First Street Alley and Front Street.
Recommendation: . Council should waive the second reading of the ordinance and concur
with the Planning Commission recommendation to vacate the subject right of way by
adoption of the attached ordinance, citing 2 conditions, 11 findings and 3 conclusions attached
to the ordinance in support of the action.
Backl!:round: Per RCW 58.17, the City's Planning Commission conducted a public
hearing in consideration of the submittal of a petition to vacate that pOliion of Cheny Street situated
north of the north line of the Front/First Street Alley to the south line of Front Street on October 10;
2007. By unanimous vote, the Commission forwarded a recommendation of approval of the
petition to the City Council subject to two conditions. An excerpt of the Planning Commission's
minutes is attached to tillS memorandlUll.
The subject Cheny Street right-of-way is a one block long, one way access between Front and First
Streets. It is one of four (4) north/south tlu'ough routes between Front and First Streets in the
Downtown. The short corridor's location at the extreme west end of the City's Downtown area near
the apex of Front and First Streets makes the route a redundant collector with limited functionality.
The proposed vacation will allow for the consolidation ofthe right-of-way with tile petitioner's
adjoining propeliy in accordance with expected land management and development policies found
in the City's Comprehensive Plan, specifically Land Use Map, Goal, Policies and Objective Goal,D,
Policy 3 which reads "The City should vacate rights-of-way to facilitate retention of existing .
businesses and location of new businesses where land assembly is necessCllY to achieve the desired
urban design afthe City." Redevelopment of the adjacent property with the vacated right-of-way
will enhance site development options such that the site is able to provide sUPPOliing off-street
parking needs which will conespondingly reduce development impact on other Downtown parking
areas. Use of the subject right.:of-way at present is largely by vehicles associated with the cmrerlt
site use as a City facility. Consolidation of the properties therefore is an acknowledgment of the
need for parking associated with the site use and should result in additional parking spaces. Futme
development of the combined site should include an unimpeded link tlu-ough the site, such that
access is not eliminated for pedestrian use between Front Street and the alley.
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Public testimony during the Planning ConID1ission's hearing indicated that the south one .
half of Cherry Street is heavily used for off-street parking purposes in association with other
business uses in the area that do not provide on site parking. The south one-half of Cherry Street
will remain available for public parking purposes. Access through the alley will be llllintemlpted
by the vacation action.
Staffs report is attached for your reference and staff will be available for COlmnent.
Attachments;
Ordinance, conditions. findings, and conclusions
Staff report
Planning Commission Minutes excerpt
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ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
vacating a p0l1ion of Cherry Street, in Port Angeles, Clallam
County, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of
Cherry Street lying south of the south right-of-way afFront Street and north of the north right-of-
way of the east-west alley in Blocks 13 and 14, Townsite of Port Angeles, Washington; and
WHEREAS, street vacations are categorically exempt from the requirements of the
State Environmental Policy Act (SEP A) rules as set forth in WAC 197-11-800(2)(h); and
WHEREAS, a public hearing has been held by the City Council following public notice
pursuant to Chapter 35.79 RCW; and
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WHEREAS, vacation of the right-of-way appears to be of benefit to and in the interest
of the public; and
WHEREAS, the City Council finds $
per square foot to be the fair market
value of the vacated right-of-way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
Section 1 - Vacation. Subject to the terms and conditions of this ordinance, the
following right-of-way, as depicted on Exhibit "A," is hereby vacated:
That p0l1ion of Cheny Street abutting Lot 1, Block 13 and Lot 10, Block 14,
Townsite of Port Angeles, Clallam County; Washington.
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Reserving under the Grantee a 20 foot wide utility easement lying 10 feet on
each side of the existing sanitary and storm sewer mains within that portion
of the vacated Cherry Street right-of-way. Grantee shall have at all times the
right to full and free ingress and egress over and across said utility easement
for maintenance of said utilities. If, in the future, the right-of-way utility
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easement is abandoned by the City, the right conveyed to the City of Port
Angeles by this easement will thereupon revert back to the property owner( s)
and this easement shall be void.
Section 2 _ Conditions. The street vacation authorized by this ordinance is subject to
the following conditions:
A. The Grantor shall provide and maintain a 10- foot wide sidewalk for
public use in that portion of said vacated Cherry Street. Said sidewalk will extend from the south
margin of West Front Street right-of-way to the north margin of the First/Front alley right-of-way.
No structures may be developed by Grantee within the easement area or to hinder pedestrian
access across the site; and
B. The vacated right-of-way shall be combined with the abutting property.
Redevelopment ofthe combined site shall include adequate off-street parking for site activities. .
Section 3 - Compensation. Pursuant to RCW 35.79.030, the compensation required
for the vacation of this street is $
per square foot.
Section 4 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This Ordinance shall be
effective only upon the payment of the required compensation. Upon that satisfaction, the City
Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam
County Auditor and the Clallam County Assessor. If full payment is not received within 90 days
from the passing ofthis ordinance, then this ordinance will be deemed to be void and shall have
no effect. .
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PASSED by the City Council ofthe City of Port Angeles at a regular meeting of said
Council held on the day of October, 2007.
ATTEST:
MAYOR
APPROVED AS TO FORM:
Becky J. Upton, City Clerk
PUBLISHED:
William E. Bloor, City Attorney
By Summary
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G:\LellllLBackup\ORDIN ANCES&RESOLUTIONSIORDlNANCES.2007\2007-36.Cherry SI STY. I 00907. wpd
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CONDITIONS, FINDINGS AND CONCLUSIONS IN SUPPORT OF THE VACATION OF A
PORTION OF CHERRY STREET- STY 07-01:
Conditions:
1. Future development of the site shall include a utility corridor easement as required by the
City's Public Works and Utilities Department and an unobstructed sidewalk for
pedestrian access between First and Front Streets. No structures may be developed
within the easement area or to hinder pedestrian access across the site. Site ingress and
egress shall be as required by the City.
2. The vacated right-of-way shall be combined with the abutting property. Redevelopment
of the combined site shall include adequate off-street parking for site activities.
Findings:
I. A petition requesting the vacation of that portion of the Cherry Street right-of-way
situated immediately south of the First/Front alley abutting Lot 10, Block 14, and Lot 1,
Block 13, Townsite OfP0l1 Angeles, Washington, was submitted on September 28,2007.
The subject area is approximately 140' x 70' or 9,800 square feet in area.
2. RCW 58.17 requires the signatures of two thirds of abutting property owners in order for
a petition for the vacation of public right-of-way to be considered valid. The subject
petition is signed by 100% of the abutting property owners.
3. The subject area is zoned CBD Central Business District, and is largely developed as
commercial and office uses. The CBD zone is primarily intended to strengthen and
preserve the area commonly known as the Downtown for major retail buildings, service,
financial, and other commercial operations that serve the entire community, the regional
market, and tourists.
4. The City's entire Comprehensive Plan and Land Use Map were reviewed for consistency
with the proposed vacation ofright-of-way. The Land Use Element Land Use Map,
Goals, Policies, and Objectives Goal A, Goal D, Policy 3, Goal F, Objective 4 and the
Economic Development Element Goal A, Policy 4, are relevant to the proposal.
5. The Port Angeles City Council's Real Estate Committee met on September 28,2007, to
discuss the matter and established a value for the unopened right-of-way based on the
value of surrounding property assessments a,t $9 per square foot.
6. The vacating of a street is categorically exempt from the State Environmental Policy Act
(SEP A) review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
7. The site was posted notifying the public of the proposed land use action consideration on
September 27,2007. Legal publication appeared in the Peninsula Dailv News on
September 30, 2007, informing those interested of a scheduled public hearing before the
Planning Commission in the matter for October 10,2007, 6 p.m.
8. At its October 2,2007, regular meeting, the Port Angeles City COlillcil established a
special public hearing date by resolution for action on the street vacation petition as
October 23,2007,6 p.m.
9.
The subject right-of-way provides a one-way access for traffic b,etween First and Front
Streets. Given the development and access points of abutting properties, the right-of-way
is not required for primary or secondary access to those properties and is situated
approximately 300 feet from the furthest west line of the Downtown area.
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~ORL1.ANGELES
WAS H I N G TON, U. S. A.
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COMMUNITY& ECONOMIC DEVELOPMENT
TO:
Plmming Cominissioners
FROM:
Scott K. J alms, Associate Plamler
DATE:
October 25, 2006
RE:
STY 07-01
PETITIONERS/
OWNERS:
City of Port Angeles and Peninsula Daily News
REQUEST:
Vacation of Cherry Street located between the First/Front alley and Front
Street.
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DEPARTMENT RECOMMENDATION:
The Department of Community & Economic Development recommends that the Plmming
Commission forward a recommendation of approval to the City Council of street vacation petition
STY 07-01 based on the 2 conditions, 10 findings, and 3 conclusions found in Attachment A to tIllS
staff report.
BACKGROUND:
A petition was filed requesting vacation ofthe portion of CheITY Street abutting Lot 10, Block
14, and Lot 1, Block 13, Townsite of Port Angeles, Washington. The petitioners own 100% of the
abutting property. The subject right-of-way is not necessary for access to the applicant's properties or
other properties in the area. Only one adjacent use, on the nOliheast portion of ChelTY Street, gains
access from Cheny Street. Chelry Street does provide one of four north/south access points between
First Street and Front Street in the downtown area. The right-of-way contains a sewer utility.
DEPARTMENT REYIEW AND PUBLIC COMMENT:
The Public Works and Utilities Department has no objection to the proposed street vacation.
1. ChelTY Street is a 70' developed right-of-way.
2. Utilities within the ChelTY SU'eet right-of-way consist of a smlitary sewer main on the
east side of the travel roadway (20' utillty easement would be required to maintain the
sanitary sewer main). There are also two stann drainage catch basins on the south side
afFront Street at ChelTY Street.
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Community and Economic Development ::ltatT Rel'''rl
STY07-0J - City of Port Angeles & Peninsula ~ ;News
October 10, 2007
Page 2
3. A right-of-way use pemlit was previously granted to the PDN allowing for alley
closure west of Cherry Street.
The Fire Department has no objection to the proposed street vacation.
The Police Department made no comment on the proposed street vacation.
The Dep8J.iment of Community & Economic Development: Zoning in the general area is CBD
Central Business District 8J.ld is primarily developed as commercial use.
Areas of potential impact of the proposal are summarized as follows:
Traffic Patterns: Established traffic patterns in the area will be affected by the
vacation, as the subject right-of-way does function as a through street in the downtown area.
Cherry Street does provide direct access to the abutting property on the east side ofthe subject
light-of-way proposed for vacation, however, direct access is also provided to that property
from Front Street. The propelties on the west side of Cheny Street do not gain access from
Cherry Street. Even though the lots abut the Cherry Street right-of-way, their only access is
from either Front Street or First Street.
Development Patterns: The proposal will not adversely impact existing development in
the area. The vacation of the northem portion of Cherry Street will provide for a lot size that is
more consistent with modem urban pl8J.ming and development needs. Existing pedestrian
links through the site should remain as an element of redevelopment of the site.
Environmentally Sensitive Areas: No environmentally sensitive areas in the vicinity of
the proposed street vacation will be adversely impacted. The marine shoreline and the Valley
Creek estuary are located nearby, but will not be impacted by the street vacation.
Public Health, Safety, an.d Welfare: Vacation of the proposed right-of-way will not
interfere with the public's health, safety, or welfare. While the street currently provides
pedestrian access as well as vehicular access, pedestrian access C8J.l be addressed as p8J.t of
future development of the site.
PUBLIC NOTIFICATION:
Notice of the petition filing was published in the Peninsula Dailv News on September 30,
2007. The site was physically posted on October 1,2007, reg8J.'ding the proposed action. At this
writing, no COlIlments have been received.
COMPREHENSIVE PLAN AND ZONING ORDINANCE:
The subject property is designated Commercial (C) on the City's Comprehensive Plan
Land Use Map, and CBD on the City's Zoning Map. The Comprehensive Plan and Land Use Map
were reviewed in consideration of the proposed street vacation. Specific goals and policies fOl.U1d to
be most releV8J.lt to the proposal are identified in Attachment B to tIns staffrepOlt.
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Commumty and ECOIlO1TI1C Dcvelopmcllt Statl" Kep'prt
STV 07-01 - City of Pori Angcles & Pcninsula ,. '.Ncws
Uctobcr I U, ;W(Y/
Page 3
ENVIRONMENTAL REVIEW:
The vacating of a street is categorically exempt from the State Environmental Policy Act
(SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
This action constitutes a recommendation to the City Council. The City Council has
scheduled a public hearing for consideration of the petition at a special meeting on October 23,
2007, 6 p.m.
Attaclmlents:
A - Condition, findings, and conclusions in support of street vacation
B - Comprehensive Plan and Zoning Information
C - Petition
T:\STV\07-01 Cherry Street.doc
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Planning Commission A1inll/es
October J 0, 2007
Page J
PUBLIC HEARING:
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STREET VACATION PETITION - STY 07-01 - CITY OF PORT
ANGELES/PENINSULA DAILY NEWS: A petition for consideration of the
vacation of a portion of the Cherry Street right-of-way between the north line of
the First/Front Street Alley to the south line of the Front Street right-of-way.
Associate Planner Scott Johns reviewed staffs report reconunending approval of the
street vacation petition with conditions. After staff responded to valious questions regarding the
street vacation process, Chair Beier opened the public hearing.
Jerry Hendricks, 1024 West Sixth Street is a business owner in the Downtown. Mr.
Hendricks wallted to place on the record that he is generally opposed to the vacation of rights-of-
way because rights-of-way in the Downtown because they are difficult to obtain and serve a
valuable purpose. He urged that serious thought be given to the resulting disruption of
established traffic patterns, and whether the proposed vacation would result in redevelopment
opportunities that would be wOlih the change to the community. However, he stated that he was
not specifically objectionable to the proposal but urged caution.
John Brewer, Peninsula Daily News, 305 West First Street stated that, as a party to the
street vacation petition, he favors the vacation action but has no interest in purchasing any of the
right-of-way but is palinering with the City in tlus effOlt. The vacation will not impact his
business's use of the site nor will it hinder the ability to use the alley or parking areas south of
the alley, which will remain as ullvacated Cherry Street.
In response to a question from the Commission, Plalmer J alms explained that the street
vacation process requires that at least two thirds of the abutting property owners agree to the .
vacation in order for such a request to be valid.
Responding to Commissioner Harris, Principal Plalmer Nathall West stated that vacation
of the site allows for the adjacent propeliy including the right-of-way to be redeveloped in a
malmer more in line with modem urball site design and promotes continued development of the
al"ea.
Attorney Bill Bloor added that redevelopment of the area including the right-of-way
appeal-s to be in the public's interest and is hoped to be a catalyst for continued redevelopment
and investment in the Downtown.
Jerry White, 510 South Liberty owns a properiy at 233 West First Street, Port Angeles,
and is opposed to the vacation stating that the vacation would kill his propeliy's value. He has
no on site parking. His patrons rely heavily on, and prefer to parle along ChelTY Street. He stated
with celtainty that the vacation would destroy his business and would negatively affect the
businesses around his because on-street pal'king would be eliminated in the subject al-ea. He
depends on Cheny Street for parking and without it, his business will suffer. He noted that trash
is collected in alleys, and the proposed vacation will cause mmecessatyalley conflicts.
John Miller, 2832 Mt. Pleasant Road asked what would happen to ChelTY Sheet south
ofthe alley, alId how would traffic be redirected?
Planner West responded to Conunissioner Reiss, that alley lTaffic would not be
disrupted by the vacation. . Traffic would continue to travel through the FI:ont/First Alley and
would continue to exit onto ChelTY Street south of the vacation area south to First Street. On-
street parking on the south portion of Cheny Street would not be altered.
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Planning Manager Sue Roberds noted that Cheny Street is not a parking lot, and
should not be considered as such. It can provide on-street parking on a space available basis but
should not be depended upon by businesses on a permanent basis. ParIcing along the south
portion of Cherry Street would not be intenupted and a good deal of on-street parking is fOlmd
along First Street, particularly west of Chen'y Street for public use. The historic grid system of
platting severely restricts the development and redevelopment of properties in a more mban
manner. The proposal could serve to stimulate more logical development that would not impact
the already impacted parking issues in the Downtown.
Debra Homenko, 311 East 10th Street cOlmnented that First Street west ofCheny Street
is signed for two hour parking.
In response to a question from Conunissioner Reiss as to the possibility ofnegotiating for
parking areas east of the City's subject site, Plamler West noted that such negotiation is not
possible because parking areas east of the subject site are dedicated to the Parking Business
Improvement Area (PBIA) parking. The subject right-of-way offers the only potential to provide
an enlarged site practical for contemporary urban development.
There being no further comments or testimony, Chair Beier closed the public healing.
Commissioner Reiss moved to recommend that the City Council approve the street
vacation as proposed citing two conditions supported by the following findings and
conclusions:
Conditions:
4.
1. Future development of the site shall include a utility conidar easement as required by the
City's Public Works alld Utilities Department and an unobstructed sidewalk for
pedestrian access between First and Front Streets. Na structures may be developed
within the easement area or to hinder pedestriall access across the site. Site ingress and
egress shall be as required by the City.
2. The vacated right-of-way shall be combined with the abutting property. Redevelopment
of the combined site shall include adequate off-street parking for site activities.
Findings:
1. A petition requesting the vacation of that portion ofthe Cherry Street right-of-way
situated immediately south of the FirstlFrant alley abutting Lot 10, Block 14, and Lot 1,
Block 13, Townsite of Port Angeles, Washington, was submitted on September 28,2007.
The subject area is approximately 140' x 70' or 9,800 square feet in area.
2. RCW 58.17 requires the signatures oftwo thirds of abutting property owners in order for
a petition for the vacation of public right-of-way to be considered valid. The subject
petition is signed by 100% of the abutting property owners.
3. The subject al'ea is zoned CBD Central Business District, and is largely developed as
conuTIercial and office uses. The CBD zone is primarily intended to strengthen and
preserve the area cOlmnonly known as the Downtown for major retail buildings, service,
financial, alld other commercial operations that serve the entire conu11lmity, the regional
market, alld tourists.
The City's entire Comprehensive Plan and Land Use Map were reviewed for consistency
with the proposed vacation ofright-of-way. The Lalld Use Element Lmld Use Map,
Goals, Policies, and Objectives Goal A, Goal D, Policy 3, Goal F, Objective 4 and the
Economic Development Element Goal A, Policy 4, are releVallt to the proposal.
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The POli Angeles City Council's Real Estate Conunittee met on September 28, 2007, to
discuss the matter and established a value for the unopened right-of-way based on the
value of surrounding property assessments at $9 per square foot.
The vacating of a street is categorically exempt from the State Environmental Policy Act
(SEPA) review per Section 197-11-800 (2) (h) of the Washington Administrative Code.
The site was posted notifying the public ofthe proposed land use action consideration on
September 27,2007. Legal publication appeared in the Peninsula Dailv News on
September 30, 2007, informing those interested of a scheduled public hearing before the
Planning Commission in the matter for October 10, 2007, 6 p.m.
At its October 2,2007, regular meeting, the Port Angeles City Council established a
special public hearing date by resolution for action on the street vacation petition as
October 23,2007,6 p.m.
The subject light-of-way provides a one-way access for traffic between First and Front
Streets. Given tbe development and access points of abutting properties, the right-of-way
is not required for primary or secondary access to those properties and is situated
approximately 300 feet from the furthest west line ofthe Downtown area.
Parking in the Downtown is largely provided through the PBIA. On street parking
cannot be counted upon for any particular use because it is available for the public use.
On street parking has been dedicated in the short term in the area for use by the City's
Light Operations facility, which lacks adequate parking. New development is
encouraged to provide adequate on-site parking.
The City's Waterfront Trail system is located along Front Street in the subject area.
CUlTent access to the Downtown area tlu'ough the subject corridor would allow continued
pedesuian circulation tlrroughout the area in a positive manner.
Conclusions:
5.
6.
7.
8.
9.
10.
11.
A. As conditioned, consolidation of the right-of-way with the petitioner's property is in
accordance with expected land management and development policies found in the City's
Comprehensive Plan, specifically witl1 Land Use Map, Goal, Policies and Objective Goal
D, Policy 3. Combination oftlle vacated right-of-way with the adjacent property will
result in a building site that will allow greater use of a conm1ercial propeliy and will
result in a lot size that is more consistent with modem urban planning and development
needs.
B. The proposal is consistent with the goals and policies of the City's Comprehensive Plan
specifically Land Use Element Lind Use Map, Goals, Policies, and Objectives Goal A;
Goal D, Policy 3; and Goal F, Objective 4; and Economic Development Element Goal A,
Policy 4. Site development shall be consistent with the City's zoning standards.
C. The right-of-way is one of four (4) nOlihlsouth tlu-ough routes between Front and First
Su"eets, and is a redundant collectoi" with limited functionality. As conditioned, the
proposed vacation will require that future development of the combined site include
adequate off street parking and a pedestrian link between Front and First Streets through
the site. As such, the vacation is in the public interest as it will allow for the
redevelopment ofthe light-of-way with the abutting property in a il1aImer that will lessen
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the impact of future development of the site with regard to off street parking in the
Downtown area.
Commissioner Harris seconded the motion which passed 6-0.
.
.
C-17
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ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington,
vacating a portion of Cherry Street, in Port Angeles, Clallam
County, Washington.
WHEREAS, a petition is on file with the City of Port Angeles to vacate a portion of
Cherry Street lying south of the south right-of-way of Front Street and north of the north right-of-
way of the east-west alley in Blocks 13 and 14, Townsite of Port Angeles, Washington; and
WHEREAS, street vacations are categorically exempt from the requirements of the
State Environmental Policy Act (SEP A) rules as set forth in WAC 197 -11-800(2)(h); and
WHEREAS, a public hearing has been held by the City Council following public notice
pursuant to Chapter 35.79 RCW; and
WHEREAS, vacation of the right-of-way appears to be of benefit to and in the interest
of the public; and
WHEREAS, the City Council finds $
per square foot to be the fair market
value of the vacated right-of-way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES
DOES HEREBY ORDAIN as follows:
Section 1 - Vacation. Subject to the terms and conditions of this ordinance, the
following right-of-way, as depicted on Exhibit "A," is hereby vacated:
That portion of Cherry Street abutting Lot 1, Block 13 and Lot 10, Block 14,
Townsite of Port Angeles, Clallam County, Washington.
Reserving unto the Grantee a 20 foot wide utility easement lying 10 feet on
each side of the existing sanitary and storm sewer mains within that portion
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\
of the vacated Cherry Street right-of-way. Grantee shall have at all times the
right to full and free ingress and egress over and across said utility easement
for maintenance of said utilities. If, in the future, the right-of-way utility
easement is abandoned by the City, the right conveyed to the City of Port
Angeles by this easement will thereupon revert back to the property owner(s)
and this easement shall be void.
Reserving unto the Grantee airspace rights above the vacated Cherry Street for
the purpose of potential future overhead pedestrian walkways and other
conveyances.
Section 2 - Conditions. The street vacation authorized by this ordinance is subject to
the following conditions:
A. The Grantor shall provide and maintain a 10-foot wide sidewalk for
public use in that portion of said vacated Cherry Street. Said sidewalk will extend from the south
margin of West Front Street right -of-way to the north margin of the First/Front alley right -of- way.
No structures may be developed by Grantee within the easement area or to hinder pedestrian
access across the site; and
B. The vacated right-of-way shall be combined with the abutting property.
Redevelopment ofthe combined site shall include adequate off-street parking for site activities.
Section 3 - Compensation. Pursuant to RCW 35.79.030, the compensation required
for the vacation of this street is $
per square foot.
Section 4 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This Ordinance shall be
effective only upon the payment of the required compensation. Upon that satisfaction, the City
Clerk is hereby directed to publish this Ordinance and to file a certified copy with the Clallam
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County Auditor and the Clallam County Assessor. If full payment is not received by February
15,2008 , then this ordinance will be deemed to be void and shall have no effect.
P AS SED by the City Council of the City of Port Angeles at a special meeting of said
Council held on the 23rd day of October, 2007.
MAYOR
ATTEST:
APPROVED AS TO FORM:
Becky 1. Upton, City Clerk
PUBLISHED:
William E. Bloor, City Attorney
By Summary
G:\Legal_ Backup\ORDINANCES& RESOLUTI ONS\ORD IN ANCES. 2007\2007-36. Cherry SI STY. 100907. wpd
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REAL EST A TE PURCHASE AND SALE AGREEMENT
(Commercial Property)
THIS AGREEMENT is made and entered into the day of October, 2007 between
the City of Port Angeles, a municipal corporation of the State of Washington, hereinafter referred
to as "Seller," and Cherry Hill Associates, a Washington general partnership organized under the
laws of the State of Washington, or assigns, hereinafter referred to as "Purchaser."
Purchaser agrees to purchase and Seller agrees to sell, on the following terms, Seller's
interest in Lots 8, 9, and lOin Block 14, of the Townsite of Port Angeles, together with the entire
vacated right-of-way of Cherry Street abutting the said Lot 10, situate in Clallam County,
Washington (hereinafter referred to as "Property").
1.
dollars ($
PURCHASE PRICE. The total purchase price is
) payable as follows:
All cash at closing (with credit for earnest money paid).
2. EARNEST MONEY. Purchaser agrees to deliver the earnest money of thirty eight
thousand seven hundred fifty dollars ($38,750.00) in cash to the Closing Agent (Clallam Title)
within three (3) days of mutual acceptance of this Agreement. The earnest money shall be applicable
to the purchase price if the sale is completed. If Purchaser fails, without legal excuse, to complete
the purchase of the property, the earnest money deposit made by the Purchaser shall be forfeited to
the Seller as the sole and exclusive remedy available to the Seller for such failure.
3. CONVEY ANCE. Title shall be conveyed by statutory warranty deed. The deed shall
be in the name of Cherry Hill Associates, a Washington general partnership, or related entity for
similar purposes.
4. CONDITION OF TITLE. Title to the property is to be free of all encumbrances or
defects except those that are disclosed in the Preliminary Commitment for Title Insurance and that
do not render title unmarketable.
The following shall not be considered encumbrances or defects in the title: (i) rights
reserved in federal patents or stated deeds; (ii) building or use restrictions general to the area; and
(iii) easements not inconsistent with the Purchaser's intended use. Seller shall order a Preliminary
Commitment for Title Insurance to be issued by Clallam Title Company within thirty (30) days of
the mutual acceptance of this Agreement. Conveyance of vacated Cherry Street shall be subject to
-1-
underground utility easements in existing utility corridors, a pedestrian sidewalk easement ten (10)
feet in width, and an airspace easement for potential future overhead pedestrian walkways or other
conveyances.
5. CONDITION OF PROPERTY. Seller makes the following representations and/or
warranties regarding the condition of the Property:
As Is.
6. CLOSING OF SALE. This sale shall be closed on or before the 15th day of February,
2008. The sale shall be closed by Clallam Title Company, (herein referred to as "Closing Agent").
Purchaser and Seller will immediately upon demand deposit with the Closing Agent all instruments
and monies required to complete the purchase in accordance with this Agreement. "Closing" means
the date on which all documents are recorded and the sale proceeds are available to Seller.
7. CLOSING COSTS AND PRORATION. Purchaser shall pay the title insurance premium,
escrow fee, recording fee and all other related closing costs. No real estate excise tax is due on this
transaction. Any applicable taxes for the current year and utilities and assessments shall be prorated
as of closing.
8. TITLE INSURANCE. Seller shall provide, at Purchaser's expense, standard title
insurance which will insure title subject to easements and restrictions of record. The preliminary
commitment for title insurance, and the title policy to be issued, shall contain no exceptions other
than those provided for in the preliminary commitment for title insurance acceptable to Purchaser
as set forth above in Section 4. Purchaser shall conclusively be deemed to have accepted the
condition of title unless the title company receives notice of Purchaser's objections within fifteen
(15) days after the preliminary commitment for title insurance is received by or made available to
Purchaser. If title cannot be made so insurable prior to the closing date, this Agreement shall
thereupon be terminated as to the Purchaser and Seller unless any defects or encumbrances are
waived by Purchaser. Seller agrees to pay any cancellation charge.
9. POSSESSION. Purchaser shall be entitled to possession upon the closing of this
Purchase and Sale Agreement.
10. TIME Is OF THE ESSENCE. Time is of the essence of this Agreement.
11. DEFAULT AND ATTORNEY FEES. If either party defaults (that is, fails to perform the
acts required of it) in its contractual performance, the nondefaulting party may seek specific
performance pursuant to the terms of this Agreement, damages or rescission. In the event that either
the Purchaser or Seller shall institute suit to enforce any rights hereunder, the successful party may
be entitled to court costs and reasonable attorney fees.
12. CONTROLLING LA W AND VENUE. This Agreement shall be construed under the laws
of the State of Washington. If either party commences an action to enforce rights under this contract,
venue of such action shall lie in the Superior Court of Clallam County, Washington.
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13. NOTICE OF PURCHASER'S INTENT TO PURCHASE PROPERTY PURSUANT TO
INTERNAL REVENUE CODE SECTION 1031.
NOTICE. It is the intention of Purchaser to purchase the above-listed property
pursuant to Internal Revenue Code Section 1031, which sets forth the
requirements for tax -deferred real estate exchanges. Purchaser's rights under this
Agreement shall be assigned to First American Exchange Company, qualified
intermediary, for the purpose of completing such exchange. Seller of the above-
listed Property consents to such assignment and agrees to cooperate with
Purchaser and First American Exchange Company in a manner necessary to
enable Purchaser to complete said exchange. Such cooperation shall be at no
additional cost or liability to Seller.
14. MISCELLANEOUS PROVISIONS.
(a) Complete Agreement. This Agreement and any addenda and exhibits to it
constitute the full understanding between Purchaser and Seller regarding the sale of the Property.
There are no verbal or written agreements which modify or affect this Agreement.
(b) Counterpart Signatures. This Agreement may be signed in counterpart, each
signed counterpart shall be.deemed an original, and all counterparts together shall constitute one and
the same agreement.
(c) Facsimile Transmission. Facsimile transmission of any signed original
document and retransmission of any signed facsimile transmission, shall be the same as delivery of
an original. At the request of either party, or the Closing Agent, the parties will confirm facsimile
transmitted signatures by signing an original document.
15. CONTINGENCIES.
The Purchasers shall have until November 1,2007, to determine the overall feasibility
ofthe proposed project including, without limitation, economic feasibility, development feasibility
for offeror's intended use and reasonable availability of permits for intended use. If Purchaser on
or before November 1,2007, determines that the project is not feasible, then the Purchaser shall
notify Seller in writing on or before November 1,2007, and this Agreement shall be rescinded. If
Purchaser has not advised Seller in writing by November 1,2007, that Purchaser has determined the
project is not feasible, this contingency shall be deemed expired and the Purchaser shall not
thereafter have the right to rescind the Agreement based upon the feasibility contingency.
16. ASSIGNMENT. Notwithstanding any other term or provision hereof, the Purchaser
may not assign its interest herein without the written consent of Seller.
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17. INDEPENDENT REVIEW. This Agreement was bargained for by the parties. Purchaser
is represented by independent legal counsel. Purchaser agrees that rules of law requiring
construction and interpretation against the drafter shall not apply in litigation regarding this
Agreement.
18. ASSIGNED PARKING. Seller agrees to make available to Purchaser the western row
of parking spaces in Lot 7, Block 14, Townsite of Port Angeles as assigned parking, subject to
payment of usual and accustomed fees therefor.
19. STREETSCAPE. The parties agree to participate jointly and in good faith in the
planning and development of sidewalk, landscaping and other streetscape improvements within the
right of way of Front Street and vacated Cherry Street. The location and configuration of the
reserved sidewalk easement shall be mutually agreed upon at a later date. If the parties cannot agree,
the sidewalk easement shall be the westerly ten feet of the vacated Cherry Street.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and
year first above stated.
SELLER:
PURCHASER:
By:
Its:
Date:
By:
Its:
Date:
G:ILEGALIREAL ESTATEILight Ops Bldg.Purchase & Sale AgmI.Ver2.102307.wpd
(October 23. 2007)
By:
Its:
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~RT ANGELES
WASHINGTON
U.S.A.
CITY COUNCIL MEMO
DATE:
October 23, 2007
To:
CITY COUNCIL
FROM:
Glenn A. Cutler, Director of Public Works and Utilities
SUBJECT:
Waste Connections Washington, Incorporated - Settlement Agreement
Summary: The City and Waste Connections Washington, Incorporated have reached a settlement
agreement on outstanding claims related to the design and construction of the Regional Transfer
Station and curbside recycling collection.
Recommendation: Approve and authorize the Mayor to sign a settlement agreement for
$700,000 with Waste Connections Washington, Incorporated and direct staff to transfer funds
in the amount of $350,000 from the Solid Waste Collections Fund to the Transfer/Landfill
Fund.
Background/Analysis: The City contracted with Waste Connections Washington, Incorporated
(WCWI) to design and construct the Regional Transfer Station to replace the landfill function under
a design-build contract. The contract was awarded in April 2005 with a projected operational date
of October 1, 2006. The project was completed on time and the transfer station became operational
on January 2, 2007. Curbside collection commenced in the summer of2006.
WCWI requested consideration for additional costs incurred for I) the delay in the commencement
of operations from October 1,2006 to January 2, 2007, 2) unsuitable soils, 3) increased costs for
construction materials due to adverse weather conditions, 4) increased costs associated with the
larger than projected participation in the recycling curbside collection program,S) undocumented
site conditions, 6) additional work directed by the City to extend utilities, 7) additional construction
management costs due to the challenges associated with executing the project, and 8) additional
costs associated with installing awnings on the Moderate Risk Waste Facility.
Staff has negotiated a settlement and has reached a recommended agreement. The material terms of
the settlement are:
1. The City will pay to WCWI as full and complete settlement and satisfaction of all claims and
issues the sum of$700,000, to be paid in cash as soon as possible, but within 7 calendar days after
City Council approval of a settlement agreement and release signed by WCWI.
2. WCWI is required to complete all outstanding construction work without additional
compensation. This work shall be completed no later than July 31,2008. This work includes:
- Demolition of the old scale house and scales and restoration of the area;
C:\DOCUME-] \tpierce\LOCALS-1 \Temp\XPGrp Wise\ WCWI Settlement Memo.doe
0-1
October 23, 2007 City Council
Re: WCWI Settlement Agreement
Page 2
- Paving and relining of the road from the point north of the new scale house where new paving
ended to the front entrance gate;
- Paving, lining, and completion of the recycle area; and
- Complete the MR WF awnings extensions.
3. WCWI is not required to demolish the Pole Barn. As part of the settlement, the City will not
claim a credit against WCWI for deduction of this work.
It is necessary to transfer $350,000 from the Solid Waste Collections Fund to the Transfer/Landfill
Fund to ensure sufficient funds are available to make the settlement payment. Sufficient funds are in
the Solid Waste Collections Fund.
It is recommended that the Council approve and authorize the Mayor to sign a settlement agreement
for $700,000 with Waste Connections Washington, Incorporated and direct staff to transfer funds in
the amount of $350,000 from the Solid Waste Collections Fund to the Transfer/Landfill Fund.
C:\DOCUME-I \tpierce\LOCALS-I\Temp\XPGrpWise\ WCWI Settlement Memo.doc
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SETTLEMENT AND RELEASE AGREEMENT
THIS SETTLEMENT AND RELEASE AGREEMENT (the "Agreement") is made and
entered into this _ day of October, 2007, by and between the City of Port Angeles, a Washington
municipal corporation, hereafter the "City", and Waste Connections of Washington, Inc., a
Washington corporation, hereafter the "Contractor".
For and in consideration ofthe payments made as described below and for other benefits to be
derived herefrom, the Parties hereby recite, covenant and agree as follows:
1. The Parties entered into that certain Solid Waste Processing Facility Development and
Management Services Agreement, dated April 5, 2005, as amended pursuant to that certain First
Amendment, dated October 20,2005 (as amended, the "Services Agreement"). Capitalized terms
used herein but not otherwise defined shall have the meanings ascribed to them in the Services
Agreement.
2. One portion of the Services Agreement, referred to therein as "Service Component I",
requires the Contractor to construct and then to operate a solid waste Transfer Station on property
owned by the City. A number of issues have arisen between the Parties regarding the construction and
operation ofthe solid waste Transfer Station. Such issues include claims by the Contractor relating to
the cost of construction of the Transfer Station (the "Construction Claims") and claims by the
Contractor relating to the City's postponement of the commencement of commercial operation ofthe
Transfer Station from October 2,2006 to January 1,2007 (the "Commencement Claim"). Another
portion of the Services Agreement, referred to therein as "Service Component IV", relates to the
collection, processing and marketing of Recyclable Materials and issues have arisen between the
Parties regarding the amount owed to the Contractor for curbside equipment cost overruns incurred
prior to the date of this Agreement applicable to Service Component IV (the "Recycling Equipment
Claim"). The Construction Claims, the Commencement Claim and the Recycling Equipment Claim
which are listed in more detail on Exhibit A attached hereto (collectively, the "Mediation Claims")
were all subject to a mediation between the City and Contractor that was held with Judicial Dispute
Resolution before the Honorable George A. Finkle on July 12,2007 (the "Mediation").
3. The Parties desire to settle all claims that were subject to the Mediation. After review
and discussion, the City and the Contractor have reached a mutual compromise, settlement and accord
and satisfaction of the Mediation Claims. For its part, the City shall pay to the Contractor the sum of
$700,000 as soon as possible after the execution of this Agreement and, in any event, within seven
days after City Council approval of this Agreement as signed by the Contractor. Of such amount
$230,992.00 represents payment to the Contractor for the settlement of the Commencement Claim and
the balance is for settlement of all other Mediation Claims. In exchange for such payment the
Contractor has agreed to waive and release the City from any and all claims and causes of action for
compensation owed relating to or arising from the Mediation Claims.
{00004015.DOC.2}
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4. Accordingly, for and in consideration of the payment described in Section 3 and these
agreements, each Party does hereby waive and release the other from, and does hereby acknowledge
the full and complete settlement and satisfaction of any and all claims, causes of actions, damages,
demands and rights of each Party and its agents and employees arising from or relating to the
Mediation Claims.
5. The City and Contractor confirm that, notwithstanding this Agreement and the
settlement described herein, the Contractor shall complete, no later than July 31,2008, and without
additional compensation the demolition of the old scale house and scales and restoration of that
area of the Transfer Station Site, the paving and relining of the road from the point north of the
new scale house where new paving ended to the front gate and the paving, lining and completion
of the recycling area at the Transfer Station site. The City and Contractor agree that the Contractor
is not required to demolish the Pole Barn on the site and the City will not claim a credit against
any amount owed to the Contractor for the deduction of that work. Final Acceptance of
construction of the solid waste Transfer Station shall occur pursuant to the terms of the Services
Agreement upon the Contractor's completion of the work described in this Section 5; provided
that, the City and Contractor hereby agree that all work on the Transfer Station, other than the
work described in this Section 5, has been completed as required under the Services Agreement to
the satisfaction of the City.
6. The 20 year Term described in Section 4.1 of the Services Agreement remains
unchanged, and runs from October 2,2006 through and including October 1,2026. For purposes of
the Services Agreement, including but not limited to calculating the annual adjustments to Service
Fees described in Sections 17.2 and 17.3 thereof and the related Forms of Exhibit A thereto, the
Commercial Operations Date for Service Components I-III, V and VI shall be deemed to be October 2,
2006. The Commercial Operations Date for Service Components IV is and shall remain July 1,2006.
7. This is a compromised settlement of a disputed claim, and this shall not be deemed or
construed as an admission of liability on the part of either Party.
8.
Parties.
This settlement and satisfaction shall be binding upon the successors in interest to the
9. Preservation of Contract Rights, Warranties and Obligations. Except as specifically
released in this Agreement, the City reserves all of its rights under the Services Agreement, case law
or statute, including without limitation the warranties covering the services, labor and materials of the
Contractor and its subcontractors and suppliers. Said rights of the City, and warranties and obligations
of the Contractor, shall survive this Agreement.
10. Limitation on Release. Notwithstanding the release provision of paragraph 4 herein,
nothing contained in this Agreement shall serve to release any of the parties from any obligations
created by or which continue under the terms of this Agreement other than those obligations that are
specifically released in this Agreement.
{000040 15.o0C.2}
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11. Dispute Resolution. In the event of disputes arising in the enforcement of this
Agreement, such disputes shall be submitted to the mediator, Honorable George A. Finkle, or ifhe is
unavailable, a mutually-agreed arbitrator, for binding arbitration.
12. Authority to Execute. The parties to this Agreement represent and warranty that they
have the sole right and exclusive authority to execute and enter into this Agreement and receive the
consideration therefor, and that no party has sold, assigned, transferred, conveyed or purported to sell,
assign, transfer, conveyor otherwise dispose of, any claim or demand relating to any matter covered
by this Agreement.
13. Execution of Documents. The parties to this Agreement agree to promptly undertake
any and all actions and execute any and all documents reasonably necessary to effectuate the terms,
conditions, purposes and aims of this Agreement.
14. Attorneys' Fees. In the event that suit is brought to enforce or interpret any part of this
Agreement, the prevailing party of such suit shall be entitled to recover its reasonable costs and
attorneys' fees in an amount to be fixed by the arbitrator.
15. Amendments to be in Writing. This Settlement Agreement may not be altered,
amended, modified or changes in any respect or particular whatsoever, except by a writing duly
executed by all parties to this Settlement Agreement.
[Balance of page is intentionally left blank. Signatures are on the following page.]
{00004015.DOC.2}
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Dated this 23 day of October, 2007.
CITY OF PORT ANGELES
By:
Mark E. Madsen, City Manager
Approved as to form:
By:
Attest:
By:
William E. Bloor, City Attorney
Becky 1. Upton, City Clerk
{00004015DOC.2)
WASTE CONNECTIONS OF
WASHINGTON, INC.
By:
Print Name:
Title:
- 4 -
STATE OF WASHINGTON)
) ss.
COUNTY OF CLALLAM )
I certify that I know or have satisfactory evidence that Mark E. Madsen is the person who
appeared before me and said person acknowledged that he signed this instrument, on oath stated that
he was authorized to execute the instrument and acknowledged it as the City Manager of the CITY OF
PORT ANGELES, a Washington municipal corporation, to be the free and voluntary act and deed of
said party for the uses and purposes mentioned in the instrument.
Dated:
[Seal or Stamp]
Notary Public
[Printed Name]
My appointment expires
STATE OF WASHINGTON)
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the
person who appeared before me and said person acknowledged that _ signed this instrument,
on oath stated that _ was authorized to execute the instrument and acknowledged it as the
of WASTE CONNECTIONS OF WASHINGTON, INC., a Washington
corporation, to be the free and voluntary act and deed of said party for the uses and purposes
mentioned in the instrument.
Dated:
[Seal or Stamp]
Notary Public
[Printed Name]
My appointment expires
{00004015.DOC.2}
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EXHIBIT A
DETAILS OF MEDIATION CLAIMS
CONSTRUCTION CLAIMS
1.
Price Escalations
Steel Work - Metal Bldg
Steel Work - Metal Doors
Steel Work - Misc Metals
Concrete Wark -
Earthwork
$219,818
$ 13,926
$ 45,347
$230,407
$104,801
2. Unsuitable Soils
Trench Backfill
Scale Embankment
Pavement Sub grade - Pit Run
Pavement Subgrade - Quarry Spalls
Geotextile for Scale Embankment
Compost Area Excavation & Backfill
Surveying & Engineering
Credit from Scale Fill from Stockpile
$ 66,445
$304,032
$ 36,229
$ 48,462
$ 43,459
$ 17,155
$ 5,718
($57,183)
3. Challl.?:es to Scope of Work
Firing Range Berm
Relocate Scales and Scale House
Relocate Recycling Area
Utility Extensions
Scale Software
$ 8,438
$ 16,869
$ 72,479
$ 26,607
$ 43,793
4. Undocumented Site Conditions
Undocumented Refuse
Landfill Base Mapping
Water & Electrical Services
Inaccurate Topo Mapping
$ 10,145
$ 37,085
$ 17,134
$ 8,578
{000040 15. 00C.2 }
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5. Additional Costs
Scale Embankment
Technical Support
$ 12,020
$ 87,600
6. Additional Compensation: Mise Punehlist items per Eddie Westmoreland letter of
11/9/2006
Handrail between road and handicap parking space $ 9,000
MR WF Extended Roof Overhang $ 42,493
Top-loading chute debris spill prevention collar undetermined
COMMENCEMENT CLAIM
1. Additional Compensation: Landfill SW Oct - Dee 2006 per David Myre Email of
11/13/06
Depreciation
Interest
Sales G&A
Earnings Before Taxes (EBT)
$ 55,794
$ 21,198
$ 23,000
$131,000
RECYCLING EQUIPMENT CLAIM
1. Additional Compensation: Curbside Equip Overruns per Eddie Westmoreland email
of 11/912006
Cost for the procurement of additional
recycle bins and vehicles due to larger
number of subscribers for services
$189,000
{00004015.DOC.2}
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