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HomeMy WebLinkAbout5.629 Original ContractThis Memorandum of Agreement "Agreement is made and entered into by and between the Alaska Tanker Company "ATC and the City of Port Angeles "City (collectively the "Parties PURPOSE The purpose of this Agreement is to provide funding to the City of Port Angeles for the purchase of property as part of the Valley Creek Restoration Project in the City and to discharge ATC's obligation to complete a Supplemental Environmental Project "SEP as satisfaction for a civil penalty stipulated to by ATC and Washington's Department of Ecology "DOE under an order issued by the Pollution Control Hearings Board (PCHB) in Case No. 02 -057. PERFORMANCE MEMORANDUM OF AGREEMENT BETWEEN ALASKA TANKER COMPANY And THE CITY OF PORT ANGELES Alaska Tanker Company, LLC 15400 NW Greenbrier Parkway Parkside Building, Suite A400 Beaverton, Oregon 97006 503- 207 -0046 Fax 503- 207 -0075 To satisfy ATC's stipulation to complete an SEP as set forth in the PURPOSE section above, ATC has agreed that it may pay twenty -five thousand dollars ($25,000) to the City, which upon receipt by the City, will satisfy ATC's performance obligation under this Agreement. The City shall use the funds provided by ATC within two (2) years exclusively to purchase property for its Valley Creek Restoration Project. 5. es02 9 The City shall provide ATC with proof of receipt of the funds provided by ATC within two (2) weeks of receipt. The City shall also provide ATC proof that the funds were used for the purchase of property consistent with this Agreement within two (2) weeks of the close of any property transaction completed by the City. Upon request, the City also agrees to provide ATC with written status reports of the City's efforts to purchase property pursuant to this Agreement. PERIOD OF PERFORMANCE MEMORANDUM OF AGREEMENT BETWEEN ALASKA TANKER CORPORATION AND THE CITY OF PORT ANGELES Alaska Tanker Company, LLC Page 1 of 3 An ISO 9000 Certified Company ATC may pay the funds set forth in the PERFORMANCE section of this Agreement no later than January 31, 2003. The City will apply those funds consistent with this Agreement within two (2) years of receipt of the funds from ATC. If within two (2) years of receipt of the funds the City has not used the $25,000, or has used only a portion of the $25,000, to purchase property for its Valley Creek Restoration Project, the City upon demand will forward the balance of the unused funds to DOE. NOTICES All communications contemplated under this Agreement shall be made to the following: For the City: For ATC: ORDER OF PRECEDENCE Page 2 of 3 Brad Collins Community Development Director City of Port Angeles 321 E. 5 Street Port Angeles, WA 98362 Telephone: 360 417 4751 Email: planning @ci.port- angeles.wa.us Richard Moore Alaska Tanker Company 15400 NW Greenbrier Parkway Parkside Building, Suite A400 Beaverton, Oregon 97006 Telephone: 503 207 0090 Fax: 503 207 0136 Email: Rick.Moore @aktanker.com ASSURANCES The Parties agree that the City shall be responsible for the purchase or purchases of property and all activities associated with that purchase or purchases. The Parties agree that ATC will not be liable or responsible for any condition of any property purchased by the City, for any defects in title of any property purchased, and that ATC will not acquire any ownership or property interest in any property purchased by the City. Each of the Exhibits listed below is by this reference hereby incorporated into this Agreement. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: PCHB Case No. 02 -057, Agreement and Stipulation to Order of Dismissal, August 8, 2002; Applicable Federal and State of Washington statutes and regulations; MEMORANDUM OF AGREEMENT BETWEEN ALASKA TANKER CORPORATION AND THE CITY OF PORT ANGELES Any documents relating to the Valley Creek Restoration Project, including any documents conveying property to the City in furtherance of the City's obligations under this Agreement. ENTIRE AGREEMENT This Agreement, including the exhibits referenced in the ORDER OF PRECEDENCE section above, represent all the terms and conditions agreed upon by the Parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the Parties hereto. ASSIGNMENT No claim arising under this Agreement is assignable or delegable by either party in whole or in part without the express written consent of the other party, which consent shall not be unreasonably withheld. THIRD PARTY BENEFICIARIES Nothing in this Agreement, express or implied, is intended to confer on any person or entity, other than the Parties to this Agreement, any right, remedy or benefit of any nature whatsoever. TERMINATION In the event that ATC fails to perform under this Agreement, this Agreement shall terminate and the City waives any right or remedy it may have to enforce the Agreement. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by the parties. APPROVAL This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. GOVERNING LAW This Agreement will be interpreted under and governed by the laws of the State of Washington. THIS AGREEMENT, is executed by the persons signing below who warrant that they have the authority to execute the contract. Alaska Tanker Company: Richard Moore Alaska Tanker Company Page 3 of 3 Date. City of Port Angeles: Date —e• Z--- Glenn Wiggins Mayor of Port Angeles, WA MEMORANDUM OF AGREEMENT BETWEEN ALASKA TANKER CORPORATION AND THE CITY OF PORT ANGELES PORTANGELES dv ,v FLz N C T N U G A. DEPARTMENT OF COMMUNITY DEVELOPMENT December 16, 2002 Mr. Richard Moore Commercial Associate Alaska Tanker Company, LLC Parkside Building, Suite A400 15400 NW Greenbrier Parkway Beaverton, OR 97006 RE: Memorandum of Agreement ATC /City of Port Angeles Dear Mr Moore: The City has received your check in the amount of $25,000 to be used for the purchase of real estate property associated with the Valley Creek Restoration Project in Port Angeles, Washington pursuant to the MOA dated December 2, 2002. This letter will serve as receipt of those funds. As you requested, follow up that the funds have been used for the purchase of property pursuant to the MOA Performance Section, will be forwarded to you at a later date when that transaction has occurred. Thank you for your prompt payment. Sincerely, C l )2 Sue Roberds Assistant Planner 321 EAST FIFTH STREET PO BOX 1 150 PORT ANGELES, WA 98362-3206 PHONE 360- 417 -4750 FAX 360- 417-4711 TTY. 360 -417 -4645 E -MAIL. PLANNING @CI PORT ANGELES WA US OR PERMITS @CI PORT ANGELES.WA US 5.629 December 13, 2002 C MM OF Mr. Brad Collins Community Developmental Director City of Port Angeles 321 E. 5 Street Port Angeles, WA 98362 Re: Memorandum of Agreement ATC City of Port Angeles ATC WA DOE Settlement Valley Creek Restoration Project Dear Brad: Enclosed is Alaska Tanker Company's (ATC) check, 1720, in the amount of $25,000.00, made payable to the City of Port Angeles (City), to be used for the purchase of real estate property associated with the Valley Creek Restoration Project in Port Angeles, WA pursuant to the MOA between ATC and the City dated 12/2/02. Kindly acknowledge receipt of this check at your earliest convenience. Please advise ATC with proof that the funds have been used for the purchase of property pursuant to the section entitled Performance, on page 1 of the MOA. Lastly, it has been a pleasure dealing with you and others within the City of Port Angeles in accomplishing our goal of directing the funds to this very worthwhile project. Sincerely cnarcr Moore Commercial Associate Cc w /encl. Mr. Jeff Fischel Washington State Department of Ecology Alaska Tanker Company, LLC An I50 9000 Certified Company Alaska Tanker Company, LLC 15400 NW Greenbrier Parkway Parkside Building, Suite A400 Beaverton, Oregon 9'7006 503-207-0046 Fax 503-207-0075 DEC 1 6 2002 I gEnlivErn PAY TO THE ORDER OF ALASKA TANKER COMPANY, LLC PARKSIDE BLDG, STE A400 15400 NW GREENBRIER PKWY BEAVERTON, OREGON 97006 eay Pw Ayi Myume, MwMweACCes. 1'600-6733555 www usbank tom FOF �g /ier (g e As< »zr 7 /'a Tr7 11'001 1: L 2 3000 2 201:LS369 DATE 1720 24- 22/1230 3270 /0 Z- DOLLARS El MA:: DIP December 3, 2002 Sue Roberds, A- istant Planner PORTANGELES W A S H I N G T O N U.S.A. DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Mr. Richard Moore, Alaska Tanker Company Mr. Jeff Fishel, Department of Ecology FROM: Sue Roberds, Assistant Planner City of Port Angeles Department of Community Development RE: Agreement between Alaska Tanker Company and the City of Port Angeles Attached to this memorandum you will find an executed copy of the Memorandum of Agreement between the Alaska Tanker Company and the City of Port Angeles in the amount of $25,000. These copies are being provided to you for your files. If you have any questions, please don't hesitate to contact Becky Upton, City Clerk of the City of Port Angeles at (360) 417 -4634. November 29, 2002 Mr. Brad Collins Community Development Director City of Port Angeles 321 E. 5 Street Port Angeles, WA 98362 Re: Memorandum of Agreement Alaska Tanker Company City of Port Angeles, WA Valley Creek Restoration Project Dear Brad: Enclosed are two original Memorandum of Agreement contracts between Alaska Tanker Company and the City of Port Angeles relative to funding to the City for property purchase of the Valley Creek Restoration Project. Kindly have the Mayor of Port Angeles sign both originals and return one of them to me for our records. Should you have any questions, please contact me. Sincerely, elf oore Commercial Associate Cc w /encl. Mr. Jeff Fishel Department of Ecology Spill Program PO Box 47600 Olympia, WA 98504 -7600 Alaska Tanker Company, LLC An ISO 9000 Certified Company Alaska Tanker Company, LLC 15400 NW Greenbrier Parkway Parkside Building, Suite A400 Beaverton, Oregon 97006 503-207-0046 Fax 503- 207 -0075 PURPOSE PERFORMANCE PERIOD OF PERFORMANCE MEMORANDUM OF AGREEMENT BETWEEN ALASKA TANKER COMPANY And THE CITY OF PORT ANGELES Alaska Tanker Company, LLC 15400 NW Greenbrier Parkway Parkside Building, Suite A400 Beaverton, Oregon 97006 503- 207 -0046 Fax 503-207-0075 This Memorandum of Agreement "Agreement is made and entered into by and between the Alaska Tanker Company "ATC and the City of Port Angeles "City (collectively the "Parties The purpose of this Agreement is to provide funding to the City of Port Angeles for the purchase of property as part of the Valley Creek Restoration Project in the City and to discharge ATC's obligation to complete a Supplemental Environmental Project "SEP as satisfaction for a civil penalty stipulated to by ATC and Washington's Department of Ecology "DOE under an order issued by the Pollution Control Hearings Board (PCHB) in Case No. 02 -057. To satisfy ATC's stipulation to complete an SEP as set forth in the PURPOSE section above, ATC has agreed that it may pay twenty -five thousand dollars ($25,000) to the City, which upon receipt by the City, will satisfy ATC's performance obligation under this Agreement. The City shall use the funds provided by ATC within two (2) years exclusively to purchase property for its Valley Creek Restoration Project. The City shall provide ATC with proof of receipt of the funds provided by ATC within two (2) weeks of receipt. The City shall also provide ATC proof that the funds were used for the purchase of property consistent with this Agreement within two (2) weeks of the close of any property transaction completed by the City. Upon request, the City also agrees to provide ATC with written status reports of the City's efforts to purchase property pursuant to this Agreement. MEMORANDUM OF AGREEMENT BETWEEN ALASKA TANKER CORPORATION AND THE CITY OF PORT ANGELES Alaska Tanker Company, LLC Page 1 Of 3 An 150 9000 Certified Company i ATC may pay the funds set forth in the PERFORMANCE section of this Agreement no later than January 31, 2001 The City will apply those funds consistent with this Agreement within two (2) years of receipt of the funds from ATC. If within two (2) years of receipt of the funds the City has not used the $25,000, or has used only a portion of the $25,000, to purchase property for its Valley Creek Restoration Project, the City upon demand will forward the balance of the unused funds to DOE. NOTICES All communications contemplated under this Agreement shall be made to the following: For the City: For ATC: Brad Collins Community Development Director City of Port Angeles 321 E. 5 Street Port Angeles, WA 98362 Telephone: 360 417 4751 Email: planning @ci.port- angeles.wa.us Richard Moore Alaska Tanker Company 15400 NW Greenbrier Parkway Parkside Building, Suite A400 Beaverton, Oregon 97006 Telephone: 503 207 0090 Fax: 503 207 0136 Email: Rick.Moore @aktanker.com ASSURANCES The Parties agree that the City shall be responsible for the purchase or purchases of property and all activities associated with that purchase or purchases. The Parties agree that ATC will not be liable or responsible for any condition of any property purchased by the City, for any defects in title of any property purchased, and that ATC will not acquire any ownership or property interest in any property purchased by the City. ORDER OF PRECEDENCE Each of the Exhibits listed below is by this reference hereby incorporated into this Agreement. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order: PCHB Case No. 02 -057, Agreement and Stipulation to Order of Dismissal, August 8, 2002; Applicable Federal and State of Washington statutes and regulations; MEMORANDUM of AGREEMENT BETWEEN ALASKA TANKER CORPORATION AND THE CITY OF PORT ANGELES Page 2 of 3 ENTIRE AGREEMENT This Agreement, including the exhibits referenced in the ORDER OF PRECEDENCE section above, represent all the terms and conditions agreed upon by the Parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the Parties hereto. ASSIGNMENT No claim arising under this Agreement is assignable or delegable by either party in whole or in part without the express written consent of the other party, which consent shall not be unreasonably withheld. THIRD PARTY BENEFICIARIES Nothing in this Agreement, express or implied, is intended to confer on any person or entity, other than the Parties to this Agreement, any right, remedy or benefit of any nature whatsoever. TERMINATION In the event that ATC fails to perform under this Agreement, this Agreement shall terminate and the City waives any right or remedy it may have to enforce the Agreement. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by the parties. APPROVAL This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. GOVERNING LAW This Agreement will be interpreted under and governed by the laws of the State of Washington. THIS AGREEMENT, is executed by the persons signing below who warrant that they have the authority to execute the contract. Alaska Tanker Company: Richard Moore Alaska Tanker Company NIFMMORANDUM OF AGREEMENT BETWEEN ALASKA TANKER CORPORATION AND THE CITY OF PORT ANGELES Page 3 of 3 Any documents relating to the Valley Creek Restoration Project, including any documents conveying property to the City in furtherance of the City's obligations under this Agreement. Date City of Port Angeles: Glenn Wiggins Mayor of Port Angeles, WA Date /2-• zvrl� PORTANGELES W A S H I N G T O N U.S.A. CITY COUNCIL MEMO DATE: December 2, 2002 To: MAYOR WIGGINS AND CITY COUNCIL FROM: Brad Collins, Community Development Director SUBJECT: ALASKA TANKER COMPANY MEMORANDUM OF AGREEMENT Summary: As part of a settlement with the Department of Ecology, the Alaska Tanker Company has agreed to contribute $25,000 to the Valley Creek Restoration Project. The attached Memorandum of Agreement between the City, Alaska Tanker Corp. (ATC), and Department of Ecology (DOE) sets out the formal arrangements for this contribution. The funds shall be use exclusively to purchase property for the City's Valley Creek Restoration Project. Recommendation: The Department of Community Development recommends that the City Council accept the $25,000 contribution from the Alaska Tanker Company and direct the Mayor to sign the attached Memorandum of Agreement between the City, ATC, and DOE. Background Analysis: The City staff have been working with officials of the Alaska Tanker Company and the Department of Ecology to direct a Supplemental Environmental Project (SEP) to the Valley Creek Restoration Project. This SEP is similar to a Valley Creek Restoration Project recently done by the City. The ATC $25,000 contribution will allow for the purchase of property in the Valley Creek floodplain. The added public property can be used to reestablish stream meander and improve habitat in Valley Creek for salmon and other fish. The Valley Creek Restoration Project involves many other private contributors as well as public agencies and has broad community support. Attachment: Memorandum of Agreement with the Alaska Tanker Corp and Department of Ecology