Loading...
HomeMy WebLinkAboutPC Agenda Packet 12272023 REGULAR MEETING AGENDA PLANNING COMMISSION December 27, 2023 6:00 - 8:00 PM Notice is hereby given that the Port Angeles Planning Commission will meet on Wednesday, December 27, 2023, starting at 6:00 p.m. in the City Council Chambers in City Hall located at 321 E. 5th Street, Port Angeles, WA. This meeting will be conducted as a hybrid meeting. In hybrid meetings, members of the public, Committee members, and City staff have the option to attend the meeting in person at City Hall or remotely through the Webex virtual meeting platform. For those planning to attend remotely, learn how to watch the meeting live and participate during the public comment period by visiting: https://www.cityofpa.us/Live-Virtual-Meetings. For audio only please call: 1-844-992-4726 Use access code: 2559 932 8812 Webinar password: Dec272023 (33227202 from phones and video systems) Once connected press *3 to raise your virtual hand, if you wish to make a comment or public testimony. You will be notified when it is your turn to speak. This access code will work for the December 27, 2023 meeting only. If you are joining the meeting through the Webex link and wish to make a comment or provide public testimony, please use the “raise your hand” feature in Webex. You will be notified when it is your turn to speak. Virtual Webex Meeting Link: https://cityofpa.webex.com/cityofpa/j.php?MTID=m380046a8c51034aa6e9ed9948590a839 The meeting is open to the public. I. CALL TO ORDER II. ROLL CALL III. PUBLIC COMMENT IV. APPROVAL OF MINUTES Minutes of the November 29, 2023 Special Meeting V. ACTION ITEMS 1. Façade and Sign Improvement Program Grant Application No. 23-03 629 E Front Street - Olympic Place Apartments December 27, 2023 Planning Commission Agenda Packet Page 1 of 69 2. Façade and Sign Improvement Program Grant Application No. 23-04 619 E First Street - Cedar & Salt Co. VI. STAFF UPDATES VII. REPORTS OF COMMISSION MEMBERS VIII. ADJOURNMENT December 27, 2023 Planning Commission Agenda Packet Page 2 of 69 Approval of Minutes November 29, 2023 Special Meeting December 27, 2023 Planning Commission Agenda Packet Page 3 of 69 MINUTES PLANNING COMMISSION Hybrid Meeting – In Person and Virtual City Council Chambers: 321 E 5th Street, Port Angeles, Washington 98362 November 29, 2023, at 6:00 P.M. SPECIAL MEETING CALL TO ORDER Chair Stanley opened the regular meeting at 6:03 P.M. ROLL CALL Commissioners Present: Benjamin Stanley (Chair) Richie Ahuja Tammy Dziadek Marolee Smith James Taylor Colin Young Commissioners Absent: None City Staff Present: Ben Braudrick (Planning Supervisor) Shannen Cartmel (Deputy Director of Community Services) Zach Trevino (Associate Planner) Ethan Walker (Housing Administrator) Public Present: Dan Anderson, John Choy, Timothy Dalton, Dallas Kiedrowski, Matthew Moore, Steven Pelayo, John Ralston, Caitlin Sullivan, Shawn Washburn, Steve Workman, additional unidentified members of the public PUBLIC COMMENT Chair Stanley opened the meeting to general public comment. The following individuals provided comment: • Steve Workman lives near Golf Course Road and noted that Peninsula College Foundation and a private developer have worked together to provide housing for students near the campus. The apartments built incorporated effective stormwater infrastructure and were less expensive than other comparable developments. • Matthew Moore expressed support for the City pursuing a community land trust model. • Dallas Kiedrowski works as an appraiser and believes that the City should be utilizing incentives for home construction and creative financing for nonprofits and government organizations. He noted that Clallam County is not listed on the Housing and Urban Development website as a jurisdiction in Washington state that offers entitlement December 27, 2023 Planning Commission Agenda Packet Page 4 of 69 Planning Commission Minutes November 29, 2023 Page 2 programs for home repair. He stated that mutual self-help grants would be ideal if led by a dedicated city staff member, but the awareness around these types of financial incentive programs is lacking. • John Choy is a new resident of Port Angeles from Nashville, Tennessee. He was a board member of the Nashville Civic Design Center, a nonprofit bridging the gap between government and design organizations. It helped communities and the general public through charettes and similar initiatives. “Think Outside the Box” was a program that educated people about alternative methods of construction. • Steven Pelayo advocated for proper leveraging of the existing housing stock. He stated that the City has 1,100 vacant homes according to the Housing Action Plan but the City is focusing on short-term rentals, while its priority should be leveraging the vacant housing stock it already has. Chair Stanley closed the meeting to general public comment. APPROVAL OF MINUTES MOTION: Commissioner Smith moved to approve the minutes from the September 27, 2023 regular meeting of the Planning Commission with one correction of a typographical error to ensure that the minutes accurately reflect the fact that Commissioner Taylor stated that the housing shortage will not get fixed by squabbling over short-term rentals. The motion was seconded by Commissioner Taylor and passed unanimously (6-0) through a consent vote. DISCUSSION ITEM 1. Innovative Housing Solutions Chair Stanley introduced the discussion by stating that the Commission should hold concentrated discussions about one topic at a time. Each Commissioner will present the written comments that they provided in advance of the meeting and then the comments will be discussed based on topic. Each topic will be limited to approximately 10-15 minutes each. He stated that the public would have an opportunity to comment after the Commission’s discussion. The Commissioners who provided written comments to staff in advance of the meeting each provided an overview of their comments. Each overview was followed by an opportunity for each of the other Commissioners to ask questions of the Commissioner or make comments in response to the ideas raised. Commissioners Dziadek, Smith, and Taylor each provided summaries of their comments. Lengthy discussion ensued after each overview. A range of housing topics were discussed, including development financing mechanisms, housing data collection, public-private partnerships, public investment in the development of attainable housing, incentives to encourage construction, disincentives to discourage vacant land, rezoning to facilitate infill development, and other subjects related to housing. Some specific properties in the City were discussed in relation to these ideas. Chair Stanley paused the Commission’s discussion of housing ideas to open the meeting to a second public comment period. December 27, 2023 Planning Commission Agenda Packet Page 5 of 69 Planning Commission Minutes November 29, 2023 Page 3 The following individuals provided comment: • Steve Workman stated that funding is available in Port Angeles. As an example, he noted that the community recently funded a $55 million arts center and suggested reaching out to the people with money in the community to coordinate the financing of attainable housing. • Timothy Dalton is the Housing and Grant Resources Coordinator for Clallam County. He explained that the Housing Solutions Committee meeting series involves the County, City staff, and others in considering facilitating manufactured home parks and many other approaches to meeting housing needs. He noted that hundreds of housing units are in the development pipeline locally and that discussions of how to target the needs of lower-income individuals are ongoing. Raising income thresholds for housing programs to serve more people is a key strategy. He emphasized that local governments must work together and collaborate with entities such as the Port of Port Angeles and Coast Guard to facilitate projects. The 2025 Comprehensive Plan process will be an opportunity to for major stakeholders to collaborate on housing issues. • John Ralson explained he has been working with Timothy Dalton. He noted that the use of alternative building materials to make construction more affordable will not become normalized for 10-15 more years. He explained that the City’s 2023 zoning regulation amendments were a step in the right direction but that the proposed fee increases will take effect too soon in 2024 to allow developers to adapt. He emphasized that City of Port Angeles development patterns and land availability are not comparable to larger metropolitan areas. Local developers like him will only construct a few homes at a time and this should be accounted for. • John Choy expressed support for previous comments and stated that there are clever strategies for bringing corporate developers to the discussion table about infill development. He appreciates the comments that the Commission has made about incentives but asked whether the topics being discussed at this meeting are truly reflective of the needs and desires of the community. • Shawn Washburn agreed with Timothy Dalton’s invitation to attend the Housing Solutions Committee meeting series. The Port Angeles Association of Realtors has data and information that they can provide the City. He encouraged the City to contact him to discuss further. • Caitlin Sullivan stated that there are over 500 undeveloped properties in the City and a list is easy to generate. In order for a home to be financed by a median income family in Port Angeles, the purchase cost must be under $250,000. She claimed that accessory dwelling units (ADUs) are the most feasible solution to increasing affordable housing supply and encouraged the City to expand the catalog of offerings for permit-ready plans. She provided Seattle, Washington as an example of a City successfully facilitating housing production through ADU development. She also mentioned alternative building methods and encouraged the use of self-contained housing units to reduce utility connection costs. • Dallas Kiedrowski said that the City of Port Angeles is far ahead of other cities and praised the use of pre-approved building plans. He emphasized that financing is a December 27, 2023 Planning Commission Agenda Packet Page 6 of 69 Planning Commission Minutes November 29, 2023 Page 4 crucial factor in the feasibility of development and that tax exemption programs should be expanded. • Dan Anderson explained that he purchased a residence in the R7 zone and is using it as a short-term rental. He explained that he has paid taxes for operating the short-term rental unit and is not competing with hotels. He asked the Commission to revisit the matter of short-term rentals and promised that advocates of short-term rentals will be involved in the regulatory process. Chair Stanley closed the meeting to general public comment. Commissioner Young provided a summary of his written comments and the Commission continued their discussion of housing topics that had been underway prior to the second public comment period. Chair Stanley requested that housing innovation be placed on the agenda of the next Planning Commission meeting so the discussion could be continued. STAFF UPDATES City staff provided the following updates to the Commission: • Planner Braudrick explained that staff will follow up with Commissioners by email with a comprehensive response to the questions and concerns raised during the Commission’s discussion. REPORTS FROM COMMISSION MEMBERS • Commissioner Smith recently opened a dog kennel operation. • Commissioner Ahuja announced that the 2023 United Nations Climate Change Conference, a global meeting about climate issues, is occurring now. ADJOURNMENT Commissioner Taylor moved to adjourn the meeting. The motion was seconded by Commissioner Smith and passed unanimously (6-0) through a consent vote. The meeting was adjourned at 8:29 PM. Zach Trevino, Secretary Benjamin Stanley, Chair MINUTES PREPARED BY: Zach Trevino, Secretary December 27, 2023 Planning Commission Agenda Packet Page 7 of 69 Action Item #1 Facade and Sign Grant Application No. 23-03 December 27, 2023 Planning Commission Agenda Packet Page 8 of 69 TO: Planning Commission FROM: Zach Trevino, Associate Planner MEETING DATE: December 27, 2023 RE: Façade Grant Application No. 23-03 APPLICANT: Christian Hampp 1242 State Avenue, Suite 1, PMB 1031 Marysville, WA 98270 nonapadllc@gmail.com OWNER: Olympic Place Apartments LLC 1242 State Avenue, Suite 1, PMB 1031 Marysville, WA 98270 LOCATION: 629 E Front Street, Port Angeles, WA 98362 RECOMMENDATION: Staff recommends the applicant be awarded an amount of $10,000.00 toward the repair and updating of the façade of the building located at 629 E Front Street through Façade Grant No. 23-03. PROJECT SUMMARY Christian Hampp is requesting funding for the repair and enhancement of the south façade of the building located at 629 E Front Street. The scope of work includes removal of the existing siding and replacement with fiber cement siding, replacement of the steps, landing, and wheelchair ramp in the front of the building, and replacement of a portion of the rain gutter. The entire building will be repainted in a different color to provide a more aesthetically pleasing visual impact. The grant application (Grant No. 23-03) requests a total funding amount of $10,000.00 from the City of Port Angeles. The applicant is requesting these funds as part of a façade improvement project that does not involve an expansion of the building or a change of the site’s use. The building was originally constructed as a single-household dwelling but is currently occupied by a therapist using the building as a professional office. A detailed description of the proposed work and its intended outcome can be found in “Attachment A” of this document. The desired result of this proposal, according to the applicant’s narrative, is to turn the property “from a sore spot to a community asset with an attractive visual appeal.” STAFF ANALYSIS The City of Port Angeles Façade and Signage Improvement Program was authorized by the City Council through the adoption of Ordinance No. 3476. This authorization is represented in Chapter December 27, 2023 Planning Commission Agenda Packet Page 9 of 69 Olympic Place Apartments at 629 E Front Street, No. 23-03 December 27, 2023 Page 2 2.80 of the Port Angeles Municipal Code (PAMC), which describes the program’s purpose, eligibility criteria, and administrative procedures. The program provides grants for funding of façade and sign improvements that will enhance the physical appearance, accessibility, and overall value of individual buildings as well as the surrounding area. In evaluating the applicant’s proposal for funding, Staff reviewed the evaluation criteria in Section 2.80.110 PAMC: 1. Private contribution over and above the required match; Staff Analysis: Per the submitted budget, the applicant intends to provide the required 50 percent funding match. The requested grant funding is less than 50 percent of the total cost of improvements, according to the financial information submitted by the applicant. The project budget, excluding tax, is $34,993.10 consisting of $22,424.10 in labor costs and $12,569.00 in materials cost. The applicant is requesting $10,000 in grant funding for the proposed façade improvements to cover a portion of these costs. The applicant is proposing a private contribution exceeding 50 percent of the project cost, which is the required match. 2. Present condition of existing façade; Staff Analysis: As seen in Figures 1 and 2, the existing façade has been maintained by the current owner but is comprised of aging materials that have begun to deteriorate. The façade is clearly weathered. The quote from MorningStar Services identifies exterior weather damage to the cedar shingle siding, the exterior wood trim, and the facia. According to the applicant’s narrative, the property was purchased following a period of deferred maintenance, creating an urgent need to repair the siding. Water damage is present in multiple façade elements. The proposed changes will serve to replace aging materials with more visually appealing materials that will more effectively protect the building from the elements and eliminate water damage. The project would improve the condition of the façade while enhancing the aesthetic environment along the Front Street corridor. Figure 1: Photographs of existing structure - South façade, west elevation (right), and east elevation (left) December 27, 2023 Planning Commission Agenda Packet Page 10 of 69 Olympic Place Apartments at 629 E Front Street, No. 23-03 December 27, 2023 Page 3 Figure 2: Existing Structure (November 2023) – Close-up of damage to facade 3. The building’s overall public visibility; Staff Analysis: The building is visible to pedestrians and other travelers along the Front Street corridor. The building is set back from the right-of-way less than 10 feet. The parking lot for the structure is located behind the building, accessed from a driveway west of the structure. There is no landscaping, utility infrastructure, or other obstruction in front of the building to obscure visibility of the façade. Should the proposed work be completed, the resulting improvements would be prominent to members of the public passing by. 4. Expected increase in assessed value of improvement; Staff Analysis: The improvements to the structure are intended to repair damage, protect the structure from further damage by the elements, and improve the visual appeal of the structure. The proposed color scheme would be consistent with nearby buildings, including the multi-family structure east of the building on the same tax parcel. The project has the potential to increase the assessed value of the structure. Updating the building may prevent reductions in the structure’s assessed value that could result from further deterioration if the unsatisfactory condition of the façade were left unaddressed. 5. Historic preservation; Staff Analysis: According to available Clallam County Assessor information, the building was constructed in 1951. Changes have been made to the structure over the subsequent period of time that may disqualify it from state and national historic designation. The project is not proposing to eliminate or alter any historic features worthy of preservation. 6. Context in the block or neighborhood; Staff Analysis: The structure is located along a commercial corridor that lacks uniformity in built form or structural cohesiveness. Some buildings have parking lots in front of the December 27, 2023 Planning Commission Agenda Packet Page 11 of 69 Olympic Place Apartments at 629 E Front Street, No. 23-03 December 27, 2023 Page 4 building, while other buildings are closer to Front Street with parking behind. The building setbacks from Front Street vary in this and adjacent blocks. The facades of the buildings along this corridor also vary widely in material, color, and appearance. Figure 3 depicts the variation in color when the subject building is compared to the two adjacent buildings. Figure 3: October 2022 image of the subject building and adjacent structures (Credit: Google) The proposed scope of improvements, depicted conceptually in Figure 4, demonstrates a façade appearance that is more consistent with nearby structures. Figure 4: Proposed Improvements - South Façade Elevation 7. Benefit to partner projects on same block; Staff Analysis: A façade grant was approved for the adjacent multi-family building on the same tax parcel in 2021. The façade of the building at 210 N Eunice Street was improved through Grant No. 21-01. The proposed improvements would complement the improvements that were made to the adjacent building, therefore potentially contributing to a further increase in the assessed value of the property and improving the aesthetic environment along a high-traffic transportation corridor. December 27, 2023 Planning Commission Agenda Packet Page 12 of 69 Olympic Place Apartments at 629 E Front Street, No. 23-03 December 27, 2023 Page 5 FINDINGS, CONCLUSIONS, AND CONDITIONS Staff makes the following findings based on review of the Façade and Signage Improvement Program’s criteria: Findings 1. The Façade Grant (Application No. 23-03) was submitted by Christian Hampp to the Department of Community and Economic Development on December 2, 2023. 2. The location of the proposed improvement work is 629 E Front Street. 3. The project site is located within the Commercial Arterial (CA) zone. 4. The grant request includes the repair and enhancement of the building façade, including: a. Removal of the existing cedar shingle siding, ramp, and deficient rain gutters. b. Installation of composite shingle siding on the south façade that resembles the texture and pattern of the existing siding. c. Addition of wood trim at the corners of the building to create a visual transition. d. Change of the façade’s colors from existing conditions to create more visual interest. e. Replacement of the wheelchair ramp, steps, landing, rain gutter, and handrail system in the front of the building to enhance the functionality, safety, and appearance of the entryway. f. Application of paint to the exterior of the building. 5. The application was reviewed by Planning Division staff for compliance with the Façade and Sign Grant Program’s criteria, as established in Chapter 2.80 PAMC. 6. The applicant is requesting $10,000.00 toward façade improvements with an estimated value of $34,993.10, including material and labor costs. 7. The request is scheduled to be heard by the Planning Commission at the regularly scheduled meeting on December 27, 2023. Conclusions Based on the above findings, Staff makes the following conclusions: 1. The scope of work proposed through Grant Application No. 23-03 is found to provide for façade improvements that will enhance the physical appearance and overall value of the Front Street corridor. 2. The scope of work proposed through Grant Application No. 23-03 is found to meet the grant program’s criteria as established in Section 2.80.110 PAMC. 3. Planning Division staff recommends that the Planning Commission approve funding of the grant proposal subject to the conditions of approval which outline the requirements that the applicant must meet to be eligible for the final award of grant funds. December 27, 2023 Planning Commission Agenda Packet Page 13 of 69 Olympic Place Apartments at 629 E Front Street, No. 23-03 December 27, 2023 Page 6 Conditions Based on Staff’s finding and conclusions, the following conditions are recommended to be placed on this grant application’s approval: 1. Following the Planning Commission’s approval and the execution of a grant contract between the applicant and the City, the applicant may proceed with the expenditures detailed in the application. 2. The applicant shall sign a grant contract with the City of Port Angeles for the reimbursement of a maximum amount of $10,000.00 for façade improvements. The applicant will be given 180 days following Planning Commission approval to submit reimbursement documentation for expenditures associated with the funded grant proposal. If progress on the project can be demonstrated, the applicant may request one 180-day extension of the contract before the contract’s expiration. 3. The applicant shall submit invoices for total reimbursement with a cover sheet detailing each invoice number, amount, and type of payment and not exceeding the awarded grant amount. Reimbursement by the City will occur within 30 days of submission of complete invoices. The invoices shall not include expenses for any items listed in Section 2.80.100 PAMC. 4. Prior to reimbursement, the property must be available to Staff for a site visit to confirm that the work was completed according to the approved grant application. 5. A building permit shall be required, and an application shall be submitted to the Department of Community and Economic Development for any and all construction work beyond exempt repair work. 6. Any labor performed in association with the grant proposal exceeding a value of $2,000.00 must meet federal prevailing wage standards. Invoices submitted to the City must reflect compliance with this requirement. ATTACHMENTS A. Application Materials B. Draft Contract December 27, 2023 Planning Commission Agenda Packet Page 14 of 69 Page 6 Department of Community & Economic Development 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 | www.cityof pa.us | ced@cityofpa.us 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 | www.cityof pa.us | ced@cityofpa.us FSG ___-____FSG FACADE AND SIGN GRANT APPLICATION APPLICANT AND PROPERTY OWNER INFORMATION Applicant Name: Mailing Address: Contact Name (or SAME): Contact Phone Number: Email Address: Property Owner Name: Mailing Address: Property Owner Phone Number: …I, the Contact, have read the Facade and Sign Grant Information and Award Cover Sheet Handout and understand both the grant award process and required application materials for submission approval. BUSINESS INFORMATION Business Name: Business Address: Business Type/Description: PROJECT INFORMATION Improvement Type …Facade Grant Brief Project Description: …Sign Grant Start Date: End Date: Project cost: Total Funding requested: (Facade: not to exceed 10k and Sign: not to exceed 1k) PROPERTY OWNER CONSENT (IF NOT THE APPLICANT) The owner(s) of the above property is fully aware and agree to all proposed improvements described in grant application. Applicant must have any changes to project proposal approved by property owner(s) Applicant’s Signature: Date: Property Owner’s Signature: Date: Text Text Attachment A December 27, 2023 Planning Commission Agenda Packet Page 15 of 69 Page 5 FACADE & SIGN GRANT APPLICATION CHECKLIST FSG 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 | www.cityof pa.us | ced@cityofpa.us An application will NOT be considered complete until all element have been completed in the following checklist. Check all that apply: Application Form Project Narrative explaining need for improvement and what is being improved. Project Budget Details: Cover page including: Individual Elements (Windows, Paint, Facia, etc.) Separating Labor and Materials Total Project Cost without Tax Contractor Estimates Before Color Photograph or rendering of each proposed building façade improvement. After Renderings with all work completed Any engineering documents involved in project (If Applicable) FSG ___-____23 03Attachment A December 27, 2023 Planning Commission Agenda Packet Page 16 of 69 Facade Grant Application – 629 E Front St, Port Angeles 1. Detailed Project Narrative Description We purchased the property at 629 E Front Street in September 2020. This is a single-family style home, located in a commercial arterial zone, currently occupied by a therapist who uses the space to see clients. The same lot contains 210 N Eunice St, an 11-unit apartment building. By that time of purchase, a substantial amount of deferred maintenance had accumulated, with the most obvious and urgent items being the exterior siding. The building was erected in the 1950s. Even though it is uncertain when the current siding was put in place, visual inspection of its condition (photos attached) quickly reveals deficiencies, with a clear evidence of water damage. In addition, the steps, landing, and wheelchair ramp attached to the main entrance on E Front St are water damaged and require replacement. Finally, the gutter on that facade of the building needs to be replaced. Please refer to the contractor quote for additional detail on the current condition. The property is located in a commercial arterial zone, and highly visible to vehicular and foot traffic. The siding in its current condition clearly limits the visual appeal and functionality of the building. The city of Port Angeles has generously provided a facade grant to help defray the substantial cost of re-siding the neighboring apartment building, 210 N Eunice St, in 2022. The neighboring building on the other (Western) side of the subject property, currently occupied by a framing business, has also undergone substantial facade improvements. Given these upgrades made to the neighboring buildings, the community, including these neighboring businesses, will benefit when we turn this property from a sore spot to a community asset with an attractive visual appeal. We plan to replace the current siding with durable and clean-looking fiber cement siding of similar design. In addition, we will replace the wheelchair ramp, steps, and landing and the gutter. We will paint the entire house, with colors that fit in with the surrounding buildings. Please refer to the contractor’s quote and subsequent sections for further details. Our goal is to commence and finalize the project in Spring/Summer of 2024; however, the timing will be subject to grant funding, contractor availability, and weather. Attachment A December 27, 2023 Planning Commission Agenda Packet Page 17 of 69 2. Detailed Project Budget Please refer to the attached quote provided by a contractor with whom we have a well- established relationship. This quote, which includes replacing all siding, house wrap, window trim, painting of siding and trim, installation of new gutter, and replacement of ramp, landing, and steps on the southern facade (E Front St), amounts to $38,072.49, including labor ($22,424.10), materials ($12,569.00), and sales tax ($3,079.39). Our intent is to also repair and paint siding on all other facades, but the quote is limited to the street facing side, as per the facade grant instructions. Attachment A December 27, 2023 Planning Commission Agenda Packet Page 18 of 69 MorningStar Services Residential Home Inspections, Repairs, and Renovations Jason Gale 300 Dan Kelly Rd. Port Angeles, WA. 98363 Phone: (360) 780-2482 Bus.Lic #MORNIS*825NP Insurance: Liberty Mutual BKS63607717 Home Inspector Lic#2507 Bond: CNA Surety #637528130 Description: Exterior weather damage to cedar shingle siding and exterior wood trim and facia. Damage is most severe on the southern exterior facing Front Street. East, West, and North sides are sheltered by neighboring structures. Cause: water damage to wood components due to a failed gutter system, clogged gutter drainage, and lack of proper surface sealing (paint, sealant). Extent: - Moisture has saturated facia and has introduced water behind the siding, resulting in severe cupping, warping, and sagging. The deep comb shingles were installed over inadequate vapor barrier allowing the moisture to penetrate to the sheathing which has caused the sagging and bowing of the surface. Evidence of inadequate repairs by failed paint coverings over affected areas. (Paint does not stick to water -logged surfaces). - Window trim is extremely water-logged from lack of sealant. - The wheelchair ramp, railing, landing, and step are extremely waterlogged and sagging. Improper lumber was used in the construction, and the lack of proper maintenance has rendered the structure irreparable. Intent: As more than 90% of the surface is damaged, entire replacement of the South exterior facing Front Street is recommended. As deep comb cedar shingles are no longer economically available, a composite shingle that closely resembles the remaining structure would be used. Wood corner trim would be added to break-up the transition from original shingles to the new surface. The wheelchair ramp will be rebuilt with proper materials designed for exterior exposure. Step and landing will be poured concrete. The handrail system will be cedar and ramp material will be exterior grade pressure treated wood. Total Project Materials Cost $12,569.00 Total Project Labor Cost $22,424.10 8.8% Sales Tax $3,079.39 Total Project Proposal with Tax $38,072.49 Budget is outlined on page 2. Page 1 of 2 Quote Quote #0291 Dec 2, 2023 TO: Christian Hampp 629 E Front St Port Angeles, WA 98362 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 19 of 69 Siding and Ramp Demo/Install Disposal QTY Cost Tota l Port Angeles Transfer station disposal fee siding, ramp, gutters 1 $650 $650 Demo and disposal transport labor (prevailing wage) 51 $74.96 $3822.96 Siding Installation QT Y Cost Total New house wrap 1 $102 $102 New 7/16 OSB sheathing 15 $18 $270 New Window framing 2” x 6” x 12’ Primed Fascia 8 $54 $432 New Window and door trim 5/4 x 6” x 12’ Primed Fascia 11 $30 $330 New East and West Corners 5/4 x 4” x 10’ Primed O/S Corner 2 $119 $238 New Eave Fascia 2” x 6” x 12’ Primed Fascia 3 $54 $162 New Siding WeatherSide Profile12 12x24” Fiber-Cement Shingle (18-bundle) 14 $145 $2,030 Siding Sealant OSI Quad Max white 12 $11 $132 Coil Nails (box) 1 $93 $93 Staples (box) 1 $5 $5 Tyvek House wrap tape 1 $13 $13 3.5” Exterior Screws (5lb box) 1 $57 $57 Port Angeles Transfer Station disposal fee (installation debris) 1 $300 $300 Siding Installation debris 1 $300 $300 Installation Labor (prevailing wage) 154 $74.96 $11543.84 Ramp, Landing, Step, Rail QTY Cost Total Pressure Treated 2x6x8 11 $11 $121 Pressure Treated 4x4x8 16 $23 $368 Pressure Treated 2x4x12 8 $11 $88 Pressure Treated Exterior Plywood 5 $68 $340 Concrete landing and step form and pour (brush finish, reinforced edge) 1 $2536 $2536 Connection Hurricane brackets 28 $2 $56 Securing Hardware Simpons Hex head 1/4x1.25 (1.5lb box) 5 $38 $190 Connection bolts ½”x8” pan head with washer and hex nut (set) 32 $6 $190 Non slip roll 3’wide 1 $111 $111 Ramp Installation debris 1 $300 $300 Installation Labor (prevailing wage) 56 $74.96 $4197.76 Gutter system QTY Cost Total 5” K-Style gutters and down spouts (per linear ft) 120 $9 $1080 Installation Labor (prevailing wage) 8 $60.11 $480.88 Painting QTY Cost Total Paint (5gl) 5 $375 $1875 Paint Supply n/a n/a $200 Labor (Prevailing wage) 46 $51.71 $2378.66 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 20 of 69 3. Photographs of Current Conditions South facade (E Front St), Eastern corner South facade (E Front St), Western corner Attachment A December 27, 2023 Planning Commission Agenda Packet Page 21 of 69 Detail, South facade (E Front St), left side Detail, Northern side (left, facing rear parking lot), and Western side (right) Attachment A December 27, 2023 Planning Commission Agenda Packet Page 22 of 69 Space between subject property (left) and neighboring building (210 N Eunice St), on same property, view from E Front St. View of neighboring building, 210 N Eunice St, on same property View of neighboring bulding to the West, E Front St, not part of same property Attachment A December 27, 2023 Planning Commission Agenda Packet Page 23 of 69 4. Renderings of Proposed Changes Colors are subject to change. Attachment A December 27, 2023 Planning Commission Agenda Packet Page 24 of 69 5. Federal W-9 Form The form is attached. 6. Facade & Sign Grant Application Checklist The checklist is attached. Attachment A December 27, 2023 Planning Commission Agenda Packet Page 25 of 69 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 26 of 69 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Olympic Place Apartments LLC This agreement is made between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington (hereinafter referred to as the “City”) and Olympic Place Apartments LLC (hereinafter called the Grantee) for the façade improvement project described in this document and its attachments (herein called the Project). WHEREAS, the City has allocated Community Development Block Grant (CDBG) program income to a façade improvement and rehabilitation grant program, which is a CDBG- eligible activity; and WHEREAS, the City has awarded a grant to reimburse a part of the costs of façade improvements for the property located at 629 E Front Street, Port Angeles; Parcel Number 06- 30-00-51-4080; and WHEREAS, the Grantee has agreed to perform the work to improve the facade of the above described property; NOW, THEREFORE, the City and Grantee do mutually agree to the following terms and conditions regarding the above-mentioned property to be improved using City funds through the Facade & Sign Grant Program: 1. SCOPE OF SERVICES The Grantee will complete in a satisfactory and proper manner as determined by the City the work described in the Project Overview. A listing of detailed project tasks is in the Façade Grant Application No. 23-03. PROJECT OVERVIEW Grantee: Olympic Place Apartments LLC Grant No. 23-03 Section A: Brief Description Funds will be used toward the repair and updating of the south façade of the building located at 629 E Front Street. Budget Category Goals/Expected Results/Products: Improvements to the building’s exterior façade. 21AGeneralAdmin The project is anticipated to result in façade improvements that will enhance the physical appearance, accessibility, and overall value of the building as well as the surrounding area. Attachment B December 27, 2023 Planning Commission Agenda Packet Page 27 of 69 2. GRANTEE’S OBLIGATIONS The Grantee warrants that they are the owner of the above property or has written permission from the Owner of the property to perform the proposed improvements described in the Project Overview and Scope of Work and Budget and incorporated herein by reference. Grantee agrees to complete work described in the attached Application within ONE HUNDRED EIGHTY (180) days after the effective date. In the event the Director of Community and Economic Development finds that the Grantee has commenced the work with reasonable diligence but, due to factors beyond its reasonable control, the Grantee is unable to complete the work within 180 days, the City Manager is authorized to extend the time to complete the work. All façade improvements shall be consistent with zoning and building codes currently in effect for the City. The Grantee shall assure that any permit or review necessary under City ordinances shall be approved prior to beginning the work on the façade improvement begins. The Grantee shall be responsible for the construction and management of the entire project. Once complete, if the façade improvements are maintained for at least five years, the Grantee is not obligated to repay any part of the grant to the CITY. If it is determined, at the City’s sole discretion, that the façade improvements are not maintained for at least five years after completion, the Grantee shall immediately repay to the CITY the amount of the grant, less 20% of the amount for each year the façade improvements were maintained. 3. BUDGET The City will reimburse to the Grantee the amount of 50% or $10,000.00, whichever is less, for eligible incurred costs and expenses for the Project according to the budget shown on the Scope of Work and Budget. Only the work that is outlined in the Project Overview and included in Facade Grant Application No. 23-03 will be eligible for reimbursement. It is understood that this agreement is funded with CDBG program income funds. The Grantee acknowledges and agrees that the funds must be used only for CDBG-eligible expenditures as proposed in Façade Grant Application No. 23-03 and approved by the City of Port Angeles Planning Commission. SCOPE OF WORK AND BUDGET Grantee: Olympic Place Apartments LLC Grant No. 23-03 Section C: Project Scope and Budget Budget Category Project Activities Project Totals Applicant’s Contribution City Contribution 21AGeneralAdmin Materials and Labor $34,993.10 $24,993.10 $10,000.00 Attachment B December 27, 2023 Planning Commission Agenda Packet Page 28 of 69 4. PAYMENT Disbursement of funds shall be made only after the Project is complete and certified by City staff to be in compliance with the approved design. The work must also adhere to any required inspections before funds are disbursed for reimbursement. All documentation for payment must be provided at one time to the City for one payout, and the receipts must be provided no later than six (6) months after the application has been approved or as stipulated in the request for an extension. Payment will be made to the Grantee by the City within four weeks after City deems all project costs and documentation to be complete. Payment shall be made only to the Grantee. The Grantee’s request for reimbursement must include itemized invoices detailing the work completed and materials purchased, with proof that payments in full have been made to Contractors and vendors, if applicable. Grantee acknowledges, and agrees to inform its Contractor, that the City has no obligation to pay the Contractor for work performed for the Grantee under this Program. This agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party shall have any claim or right of action hereunder for any cause whatsoever. Unless otherwise agreed to in writing by both parties, the Grantee’s total reimbursement under this agreement, including labor and materials, shall not exceed the maximum sum of $10,000.00. The budget for labor and materials is outlined in the Scope of Work and Budget. Budgets for each line item may be modified upon mutual agreement between the two parties, but in any event, the total payment to Grantee shall not exceed $10,000.00. 5. GENERAL CONDITIONS A. General Compliance. The Grantee agrees to comply with all applicable Federal, State, and local laws, regulations, and policies, governing the funds provided under this agreement. B. Effective Date. Grant was approved by the Planning Commission on December 27, 2023, which is the effective date of this agreement. C. Independent Contractor. Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Grantee will at all times remain an “independent contractor” with respect to the services to be performed under this agreement. The City will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Grantee is an independent contractor. D. Hold Harmless. The Grantee will hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Grantee’s performance or nonperformance of the services or subject matter called for in this agreement. E. Workers’ Compensation. The Grantee will provide Workers’ Compensation Insurance Coverage for all of its employees involved in the performance of this agreement. F. Contract with Contractor. Each contractor who is performing the work approved for this Project shall have a valid State of Washington Contractor’s License. Attachment B December 27, 2023 Planning Commission Agenda Packet Page 29 of 69 G. Labor Code/Prevailing Wage. Grantee acknowledges and agrees that the Grantee’s improvements to be constructed with the proceeds of the grant constitute construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Grantee shall comply with all requirements of applicable federal, state and local laws and regulations pertaining to labor standards and payment of prevailing wages (collectively, "Prevailing Wage Laws"). Grantee shall (i) require its contractors and subcontractors to submit certified copies of payroll records to Grantee; (ii) maintain complete copies of such certified payroll records; and (iii) make such records available to City and its designees for inspection and copying during regular business hours. Grantee shall defend, indemnify and hold harmless the City and its officers, employees, volunteers, agents and representatives from and against any and all present and future claims, arising out of or in any way connected with Grantee’s obligation to comply with all Prevailing Wage Laws, including all claims that may be made by contractors, subcontractors or other third party claimants. H. Funding Source Recognition. The Grantee will ensure recognition of the roles of the City in providing services through this agreement. I. Suspension or Termination. The City may suspend or terminate this agreement if the City determines, at its sole discretion, that the Grantee has materially failed to comply with any terms of this agreement, which include (but are not limited to) the following: • Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, guidelines, policies or directives as may become applicable at any time; • Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations under this agreement; or • Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect. 6. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards. The Grantee agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record Keeping. The Grantee will maintain thorough records pertinent to the activities to be funded under this agreement, including records adequate to document that the funds were expended on CDBG-eligible activities. C. Access to Records and Retention. All such records and all other records pertinent to the work undertaken under this agreement will be retained by the Grantee for a period of six years after the City’s final audit of Project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City will request a longer period of record retention. Attachment B December 27, 2023 Planning Commission Agenda Packet Page 30 of 69 D. Audits and Inspections. All Grantee records with respect to any matters covered by this agreement will be made available to the City and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Grantee within 30 days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments. E. Reporting. The Grantee, at such times and in such forms as the City may require, will furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 7. PERFORMANCE WAIVER The City’s failure to act with respect to a breach by the Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 8. ENTIRE AGREEMENT This document states the entire agreement between the City and the Grantee for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Grantee with respect to this agreement. .................................................................................................................................... IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES: GRANTEE: Olympic Place Apartments LLC By: , City Manager By: , Registered Agent Date: Date: Approved as to form: William E. Bloor, City Attorney Attachment B December 27, 2023 Planning Commission Agenda Packet Page 31 of 69 Action Item #2 Facade and Sign Grant Application No. 23-04 December 27, 2023 Planning Commission Agenda Packet Page 32 of 69 TO: Planning Commission FROM: Planning Division Staff MEETING DATE: December 27, 2023 RE: Façade Grant Application No. 23-04 APPLICANT: Mandy Gallaci and Chelsea Botero 3929 Solar Lane Port Angeles, WA 98362 mandym38@hotmail.com OWNER: Mandy M. Gallaci 715 E 1st Street Port Angeles, WA 98362 LOCATION: 619 E 1st Street, Port Angeles, WA 98362 RECOMMENDATION: Staff recommends the applicant be awarded an amount of $10,000.00 toward the repair and updating of the façade of the building located at 619 E 1st Street through Façade Grant No. 23-04. PROJECT SUMMARY Mandy Gallaci is requesting funding for the enhancement of the south façade and west elevation of the building located at 619 E 1st Street. The applicant’s scope of work includes improvements to the building’s front door, renovation of the entryway on the west side of the building, application of exterior paint, landscaping, and installation of a new sign. The building will be repainted in a different color to match the theme of the applicant’s business. The grant application (Grant No. 23-04) requests a total funding amount of $10,000.00 from the City of Port Angeles. The applicant is requesting these funds as part of a façade and sign improvement project that does not involve an expansion of the building area. The applicant proposes to use the structure for their business called Cedar & Salt Co., which provides boutique, hair, and tanning services. The building was formerly used as a dance studio. A detailed description of the proposed work and its intended outcome can be found in “Attachment A” of this document. The intended result of this proposal, according to the applicant’s narrative, is to “benefit the streetscape by offering a brighter building to appeal to the public.” STAFF ANALYSIS The City of Port Angeles Façade and Signage Improvement Program was authorized by the City Council through the adoption of Ordinance No. 3476. This authorization is represented in Chapter December 27, 2023 Planning Commission Agenda Packet Page 33 of 69 Cedar & Salt Co. at 619 E 1st Street, No. 23-04 December 27, 2023 Page 2 2.80 of the Port Angeles Municipal Code (PAMC), which describes the program’s purpose, eligibility criteria, and administrative procedures. The program provides grants for funding of façade and sign improvements that will enhance the physical appearance, accessibility, and overall value of individual buildings as well as the surrounding area. In evaluating the applicant’s proposal for funding, Staff reviewed the evaluation criteria in Section 2.80.110 PAMC: 1. Private contribution over and above the required match; Staff Analysis: Per the submitted budget, the applicant intends to provide the required 50 percent funding match. The requested grant funding is less than 50 percent of the total cost of improvements, according to the financial information submitted by the applicant. The total project budget, excluding tax, is $43,219.44 consisting of labor and material costs as specified in the applicant’s budget documents. The applicant provided contractor quotes for the elements of the project for which funding is being requested. The applicant did not provide a contractor quote for the landscaping component of the project. The cost of exterior improvements excluding landscaping and sign improvements is $28,859.75. The applicant is requesting $10,000.00 in grant funding for the proposed façade improvements to cover a portion of these costs. The applicant is proposing a private contribution exceeding 50 percent of the cost of the proposed façade improvements, which is the required match. 2. Present condition of existing façade; Staff Analysis: As shown in Figures 1 and 2, the existing façade has been maintained by the current owner but is comprised of materials and colors that differ in appearance from what the applicant desires to establish for their business. The applicant’s narrative does not identify specific deficiencies in the condition of the building but does state that the proposed scope of work consists of “all necessary improvements to the building to bring it to code and ensure safety.” The applicant plans to remodel the interior of the structure as another component of the overall project, so the proposed façade improvements are part of a larger effort to prepare the building for occupancy by the applicant’s business. The proposed changes will replace aging materials with materials that visually align with the theme of the applicant’s business. The project would improve the condition of the façade while positively contributing to the aesthetic environment along the 1st Street corridor. Figure 1: Photograph provided by the applicant depicting the structure’s west elevation including the entryway December 27, 2023 Planning Commission Agenda Packet Page 34 of 69 Cedar & Salt Co. at 619 E 1st Street, No. 23-04 December 27, 2023 Page 3 Figure 2: Existing Structure (October 2023) – South facade (left) and close-up of entryway (right) 3. The building’s overall public visibility; Staff Analysis: The building is visible to pedestrians and other travelers along the 1st Street corridor. The building is immediately adjacent to the right-of-way and is not obstructed by vegetation. Although the west building elevation does not face the right-of-way, it is perhaps even more visible to motorists traveling along 1st Street than the south facade because of its orientation to the flow of traffic. 1st Street is a one-way street with an eastward traffic flow. The parking lot for the structure is located west of the building in front of the entrance, accessed from a driveway west of the structure. There is no landscaping, utility infrastructure, or other obstruction in front of or to the west of the building to obscure visibility of the structure’s façade and side. Should the proposed work be completed, the resulting improvements would be prominent to members of the public passing by. The west side of the building is also visible from the alley north of Parcel No. 06- 30-00-51-2180. 4. Expected increase in assessed value of improvement; Staff Analysis: The improvements to the structure are intended to update the exterior elements and improve the visual appeal of the structure. The proposed color scheme would be more consistent with the building to the east. Architecturally and visually, the buildings along the 1st Street corridor in this location lack a cohesive style, but the project has the potential to increase the assessed value of the structure. Updating the building could prolong the need for substantial structural improvements by providing new and improved façade elements that may add protection to the underlying building materials. 5. Historic preservation; Staff Analysis: According to available Clallam County Assessor information, the building was constructed in 1999. The building is not currently eligible for state or national historic designation. The project is not proposing to eliminate or alter any historic features worthy of preservation. December 27, 2023 Planning Commission Agenda Packet Page 35 of 69 Cedar & Salt Co. at 619 E 1st Street, No. 23-04 December 27, 2023 Page 4 6. Context in the block or neighborhood; Staff Analysis: The structure is located along a commercial corridor that lacks uniformity in built form or structural cohesiveness. Some nearby buildings have parking lots in front of the building, while other buildings are closer to 1st Street with parking behind or to the side. The building setbacks from 1st Street vary near this location and along adjacent blocks. The facades of the buildings along this corridor also vary widely in age, material, color, and appearance. Figure 3 depicts the structure in the context of the 1st Street corridor, which has features in common with an auto-oriented suburban environment that has developed in a piecemeal manner over a long period of time. Figure 3: October 2022 image of the subject building and the adjacent right-of-way (Credit: Google) The proposed scope of improvements, depicted conceptually in Figure 4, demonstrates a façade appearance that does not substantially affect the structure’s consistency with nearby structures, since each structure in the vicinity of the project site has a unique appearance. Figure 4: Proposed Improvements - South façade and west side of the building December 27, 2023 Planning Commission Agenda Packet Page 36 of 69 Cedar & Salt Co. at 619 E 1st Street, No. 23-04 December 27, 2023 Page 5 7. Benefit to partner projects on same block; Staff Analysis: A sign grant was approved for Swain’s General Store across 1st Street from the subject property in 2011. The exterior sign on the northern façade of the building at 602 E 1st Street was improved through Grant No. 11-03. The proposed improvements are independent of the work that occurred through that grant, but they would contribute positively to the general aesthetic environment along a high-traffic transportation corridor in a similar manner as the past improvements to Swain’s General Store. FINDINGS, CONCLUSIONS, AND CONDITIONS Staff makes the following findings based on review of the Façade and Signage Improvement Program’s criteria: Findings 1. The Façade Grant (Application No. 23-04) was submitted by Mandy Gallaci to the Department of Community and Economic Development on December 7, 2023. The application was determined to be incomplete on December 12, 2023. Staff specified to the applicant what required materials remained outstanding. The applicant submitted additional materials on several dates following this determination. The most recent submittal of application materials occurred on December 20, 2023. 2. The location of the proposed improvement work is 619 E 1st Street. 3. The project site is located within the Commercial Arterial (CA) zone. 4. The grant request includes the enhancement of the south façade and west building elevation, including: a. Removal of the existing entryway cover and installation of a new cover. b. Change of the façade’s colors from existing conditions to create more visual interest. c. Replacement of the front entrance door. d. Preparation of the façade for painting, to include scraping, sanding, caulking, and similar activities. e. Application of paint to the exterior of the building. 5. The application was reviewed by Planning Division staff for compliance with the Façade and Sign Grant Program’s criteria, as established in Chapter 2.80 PAMC. 6. The applicant is requesting $10,000.00 toward façade improvements with an estimated value of $28,859.75, including material and labor costs. 7. The request is scheduled to be heard by the Planning Commission at the regularly scheduled meeting on December 27, 2023. Conclusions Based on the above findings, Staff makes the following conclusions: December 27, 2023 Planning Commission Agenda Packet Page 37 of 69 Cedar & Salt Co. at 619 E 1st Street, No. 23-04 December 27, 2023 Page 6 1. The scope of work proposed through Grant Application No. 23-04 is found to provide for façade improvements that will enhance the physical appearance and overall value of the 1st Street corridor. 2. The scope of work proposed through Grant Application No. 23-04 is found to meet the grant program’s criteria as established in Section 2.80.110 PAMC. 3. Planning Division staff recommends that the Planning Commission approve funding of the grant proposal subject to the conditions of approval which outline the requirements that the applicant must meet to be eligible for the final award of grant funds. Conditions Based on Staff’s finding and conclusions, the following conditions are recommended to be placed on this grant application’s approval: 1. Following the Planning Commission’s approval and the execution of a grant contract between the applicant and the City, the applicant may proceed with the expenditures detailed in the application. 2. The applicant shall sign a grant contract with the City of Port Angeles for the reimbursement of a maximum amount of $10,000.00 for façade improvements. The applicant will be given 180 days following Planning Commission approval to submit reimbursement documentation for expenditures associated with the funded grant proposal. If progress on the project can be demonstrated, the applicant may request one 180-day extension of the contract before the contract’s expiration. 3. The applicant shall submit invoices for total reimbursement with a cover sheet detailing each invoice number, amount, and type of payment and not exceeding the awarded grant amount. Reimbursement by the City will occur within 30 days of submission of complete invoices. The invoices shall not include expenses for any items listed in Section 2.80.100 PAMC. 4. Prior to reimbursement, the property must be available to Staff for a site visit to confirm that the work was completed according to the approved grant application. 5. A building permit shall be required, and an application shall be submitted to the Department of Community and Economic Development for any and all construction work beyond exempt repair work. 6. Any labor performed in association with the grant proposal exceeding a value of $2,000.00 must meet federal prevailing wage standards. Invoices submitted to the City must reflect compliance with this requirement. ATTACHMENTS A. Application Materials B. Draft Contract December 27, 2023 Planning Commission Agenda Packet Page 38 of 69 FSG FACADE AND SIGN GRANT APPLICATION Department ~f Community & Economic Development 3 21 E. 5th Street, Port Angeles, WA 98362 360.417.4750 \ www.cityofpa.us I ced@cityofpa.us APPLICANT AND PROPERTY OWNER INFORMATION Improvement Ty,p r!_ Facade Gra)t □ Sign Grant Mailing Address: ?P(LC\ ~'\)\o...., V--\ U.V\-::l BUSINESS INFORMATION PROJECT INFORMATION Start Date:....;\\..;..-....i\'S~· .-...=;=,; End Date: \J ✓-\~·7..§1::> Project cost:?-b, W ';::) (Facade: not to exceed 10k and Sign: not to exceed 1k) PROPERTY OWNER CONSENT (IF NOT THE APPLICANT) The owner(s) of the above property is fully aware and agree to all proposed improvements described in grant application . Applicant must have any changes to project proposal approved by property owner{s) Applicant's SlgnaturM \J\'N:i,, ~ ~~j N~ Date: \ls)-')5-~ Property Owner's Signatu~Tu..'11\% ~ Dale: 'II;::,, 1.~~ Page6 Chelsea Botero - (360) 460-4521 23 04Attachment A December 27, 2023 Planning Commission Agenda Packet Page 39 of 69 Page 5 FACADE & SIGN GRANT APPLICATION CHECKLIST FSG 321 E. 5th Street, Port Angeles, WA 98362 360.417.4750 | www.cityof pa.us | ced@cityofpa.us An application will NOT be considered complete until all element have been completed in the following checklist. Check all that apply: Application Form Project Narrative explaining need for improvement and what is being improved. Project Budget Details: Cover page including: Individual Elements (Windows, Paint, Facia, etc.) Separating Labor and Materials Total Project Cost without Tax Contractor Estimates Before Color Photograph or rendering of each proposed building façade improvement. After Renderings with all work completed Any engineering documents involved in project (If Applicable) FSG ___-____23 03Attachment AAttachment A December 27, 2023 Planning Commission Agenda Packet Page 40 of 69 Cedar & Salt Co. 2023/2024 BUSINESS PLAN Mission, Strateg~. and Sustainability. Prepared For : City of Port Angeles Economic development Facade & Sign grant application Attachment A December 27, 2023 Planning Commission Agenda Packet Page 41 of 69 11/1/2023 To whom it 1nay concern, Cedar and Salt Co. previously Spotlight tanning and apparel has been in operation for the last 14 years in Port Angeles, WA. Mandy has been renting a commercial space for the last 14 years and just recently purchased 619 E FIRST ST PORT ANGELES, WA 9836. Upon purchase it was previously a dance studio so it had a subfloor and various walls that were not conducive to the new plan moving forward. It has been in the best interest of the building to empty the space and start from scratch. We have currently in conjunction with the previous owner tore down all the pre-existing walls and have taken out previous floor coverings throughout the entire building. We will make sure that the flooring inside is all one level for the public's safety. There will be new walls and break rooms for the staff in the facility. The new store will consist of 6 tanning bed rooms, a hair salon in the back, and a womens and childrens boutique in the front facing first street. In order to appeal to the public eye we will be updating all electrical throughout the building to bring more street lights for safety , ca1neras throughout the interior and exterior, and new signage to let the public know we have a new storefront and where to locate us. We are also in the process of finalizing a local contractor to paint to freshen up the public appearance, get new signage, electrical, cameras, and landscaping out front. We will also be having the general contractor tear out the existing awning on the roof and build a new entrance for the building. ( please see architectural draw ups.) These are all necessary improvements to the building to bring it to code, ensure safety of employees and the public with new electrical through the interior and exterior and new video cameras for safety. The signage and paint is necessary for advertising and appeal of the community. The history of the building is as follows: • Ron and Leslie Diimmel originally purchased the property in 1999. • The conjacent year they built the building to serve as Angeles Pawn shop were Ron Diimmel owned and operated for many years serving the community. • Ron Diimmel retired in 2015 and continued to own the building. • Ron then leased it to Salina Trieder who renovated the building in 2015/2016 and used the space as a dance studio known as: Studio 3 60 . • In 2023 the Diimmel 's tenant Salina decided to purchase a building of her own and the Diimmel family decided to sell the building. Attachment A December 27, 2023 Planning Commission Agenda Packet Page 42 of 69 • November 2023 Mandy Gallacci owner of Cedar & Salt Co. previously Spotlight tanning and apparel purchased the building to continue to serve the community with quality boutique, hair, and tanning services. The project will continue benefiting the community as it already has the last 14 years by offering a clean and safe environment to offer a recreational space to leisurely shop, tan, or receive hair services. Cedar and salt Co. also offers quarterly classes open to the public for leisurely flower classes, and holiday events. This company is a productive and active party of the community by sponsoring NOBAS and often giving donations for youth sports, or programs such as 4PA whenever they are needed. Cedar and Salt Co. also participates in fundraisers benefiting the hospital and community. The new and improved plan for the exterior of the building will benefit the streetscape by offering a brighter building to appeal to the public with new signs facing the south and west entrance . We will be building a new entrance to the building that is covered for all the elderly clientel we have. The streetscape will be appealing to the eye with a fresh coat of paint on the exterior and new landscaping around the exterior of the building. We have also considered re-paving the parking lot depending time and cost. The project has already been in progress starting October 2023. October: Demolition of the interior N ovember: Interior construction starts on new walls and building layout Electrician starts wiring interior and exterior for new lay out specs. Plumber runs new lines December: Dry wall inside Demolition of existing awning and new entrance is started Exterior/ Interior paint Flooring is laid down January: Installation of saloon Installation of tanning beds Boutique installation February: GRAND RE-OPENING of Cedar & Salt Co. Attachment A December 27, 2023 Planning Commission Agenda Packet Page 43 of 69 r These are rough estimates on project timeline, of course we would like to see this done as soon as possible. Thank you for the consideration of the moving of Cedar & Salt Co. we appreciate the opportunity to be considered for this grant and to continue to serve Port Angeles, WA. Mandy Gallacci Owner of Cedar & Salt Co. Attachment A December 27, 2023 Planning Commission Agenda Packet Page 44 of 69 12/17/2023 To Whom it may concern, Cedar & Salt Co. is specifically requesting funds for exterior painting by Landon’s painting & new covered entry costs by Chads building. Please see attatched budget for specifics of the two projects. Landon’s Painting Quote = $10,555.00 Chad’s building Quote= $16,030.17 Total $26,585.17 Thank you, Cedar & Salt Co. Owner: Mandy Gallacci Attachment A December 27, 2023 Planning Commission Agenda Packet Page 45 of 69 Labor materall total Project Exterior Paint $ 4,500.00 $ 6,055.00 $ 10,555.00 New covered enty $ 7,030.17 $ 9,000.00 $ 16,030.17 Exterior door $ 3,961.60 $ 1,000.00 $ 4,961.60 Landscaping $ 500.00 $ 500.00 $ 1,000.00 exterior sign( facing 1st street) $ $ 10,531.50 $ 10,531.50 Electrical (sign and ligthing ) $ 2,446.36 $ 1,550.00 s· 3,996.36 Material Total $ 28,636.50 Labor Total $ 18,438.13 Project Total $ 47,074.63 Attachment A This total includes tax. Sales Tax included in the above totals by line item, based on contractor quotes: Exterior paint - $0 New covered entry - $1,269.42 Exterior door - $1,417.60 Landscaping - No quote provided Exterior sign - $851.81 Electrical - $316.36 ________________________________________________ Total tax: $3,855.19 Project cost without tax: $43,219.44 Total without tax $10,555.00 $14,760.75 $3,544.00 $9,679.69 $3,680.00 December 27, 2023 Planning Commission Agenda Packet Page 46 of 69 ~On ra c or uo es Attachment A December 27, 2023 Planning Commission Agenda Packet Page 47 of 69 • ' I J -ENERALCONTRACTOR ~::SJ'}.~_,,_~. • BOX 2403 R S, WA 98331 Cell: (360} 640-0397 chadsbldg@hotmail.com Ph: (360} 3'74-9410 Uc#: CHADSBR031MJ Name/ Address Cedar and Salt 61'9 E !st Street Port Angelas, Wa. 98362 Description Estimate for front entry improvements and cover Price includes labor and materials to remove old cover and build new cover as per plans. Sales Tax IS IS a estiry_ate-='°en1y-not a contract. Quantity 1 ·~ ' :,.; ' ... ' ,I/,~--) ~:,JI',, Cost 14,760.75 8.60% ESTIMATE Date Estimate No. ., 11/08/23 92 ;Amount Markup Total 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 14,760.75 14,760.75 1,269.42 Total $16,030.17 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 48 of 69 Up_par .Left .Electdc. .LLC-1 05 Benson Crest Drive .Estimate Port Angeles, WA 98363 US 360-461-7720 jeff@bellscpa.com DD Cedar & Salt Co. Boutique, Tanning and Hair Salon L I ESTIMAl'E, r -" ,, l tll: : ,, •• 101111 /07/2023 I SERVIGE DESCRiPTION Cedar & Salt Co. Boutique, Tanning 1 and Hair Salon QTY RATE I Matenal Matenal Matenal Install circuit for new sign ( Run new circuit and make final connection) 1 1,015.00 I 01 Plans and Pemms Accepted By Install 8 exterior fixtures Gooseneck fixture Plans and Permits SUBTOTAL TAX (8.8%) TOTAL Accepted Date 1 1,100.00 8 185.00 1 85.00 _J AMOUNT 1,015.00T 1,100.00T 1,480.00T 85.00 3,680.00 316.36 $3,996.a36 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 49 of 69 Lander Exterior Door $4,961.60 $3,544 Price -RUITICA- WORRY-FREE SATISFACTION GUARANTEE -IDITICl- BEST PRICE GUARANTEE DIRECT FROM MANUFACTURER Starting at $222/mo or 0°/o APR with Affirm. See if you qualify Hinged Door Setup Select Metal TypeSteel Select Hanging OptionSlab Select Width of a Single Door (not the door way opening)0 in Select Door Width 0 in Select Door HeightSelect Door Height 0 in 0 in Select Metal Finish$18Flat Black Select Glass Style$104Clear Select Wood Slat FinishUnfinished Stain Grade Select Door Knob Boring Placement36 in Select Bore Hole Backset2-3/4 in Add Hinges?No Attachment A Does this include tax? What accounts for the $1,417.60 difference between this price and the above total? December 27, 2023 Planning Commission Agenda Packet Page 50 of 69 A\jLANDONS \VI PAINTING TO Mandy Gallaccci Landon's Painting, LLC Landon Hampton Business Number (360) 4777151 8045 Daniel Pl NW, Silverdale WA, 98383 www.landonspalntlng.com Landonspalntlngllc@gmatl.com 163 Kemp St, Port Angeles, WA 98362 (360) 477-1809 mandym38@hotmail.com DESCRIPTION Materials ----------------- Scraping, sanding, caulking and priming where Necessary \ RATE $2,300.00 $1,300.00 -------------------------------------------------------------------____ ,.. --------------------------- Masking and spraying body Painting trim $3,330.00 $1,775.00 ESTIMATE EST4013 DATE Oct 2, 2023 TOTAL USO $10,555.00 QTY 1 $2,300.00 1 $1,300.00 1 $3,330.00 1 s1,ns.oo ---------------------------------------------------------------------·-------------·------------------------------------------ Painting man doors Prepping and painting gutters and downspouts SUBTOTAL TAX (9.1%) TOTAL 50% deposit upon pressure washing up to 2 weeks before painting is started Thanks for your business! https://app.invoicesin1)1e.com'vNDP4keITYA $150.00 $950.00 6 1 $900.00 $950.00 $10,555.00 $0.00 USO $10,555.00 1/1 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 51 of 69 WESTERN NEON 2902 4TH AVE. S. SEATTLE, WA 98134 206.682.7738 I WESTERNNEON.COM CONTRACT Client Info: Cedar & Salt Co. 105 Bensen Crest Drive Port Angeles, WA 98363 Western Neon creates custom signage, Interiors, and pub/Jc art, With over 35 years of experience, we make your vision a success from the first idea to the finishing touch. Job Location: Cedar & Salt Co. 619 East First Street Port Angeles, WA 98362 Date Project# Rep 12/1/2023 16651-5 AL t Qty Descripti~n .. 50% depqsit ($5,265.75), signed contract and proofs required prior to start of rod action" Contract Offering: Subtotal Warranty- Products manufactured by Western Neon are covered under a 2-year limited warranty initiated on receipt of final payment. Sales Tax (8.8%) Disclaimer - Requirements prior to the start of production: approved design, signed contract, 50% Total deposit as well as any necessary permits, building owner or officiating committee approvals, and engineer's stamp if needed or as specified by but not limited to a municipality, private or public agent, or stakeholder entity. All deposits are non-refundable. Credit Card payments exceeding $2,500 are subject to a 3% processing fee. Shipping- Buyer assumes all physical, conditional, and financial responsibility of any project, product, package or shipment that leaves Western Neon's premises. Should any damages occur in transit, it is the Buyer's sole responslblllty to file claim with carrier. Page 2 Terms 1/2 down/1/2 finish $9,679.69 $851.81 $10,531.50 lnitia1ili:G. Attachment A December 27, 2023 Planning Commission Agenda Packet Page 52 of 69 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 53 of 69 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 54 of 69 11:so .,11 sG oc:--+~, IMG_2232.heic v Done Attachment A December 27, 2023 Planning Commission Agenda Packet Page 55 of 69 11:so •• ,1 sG ([f_J, IMG_2234.heic v Done Attachment A December 27, 2023 Planning Commission Agenda Packet Page 56 of 69 11:so •• sG ~f.=:l, IMG_2236.heic v Done Attachment A December 27, 2023 Planning Commission Agenda Packet Page 57 of 69 11:so .• sG ([f_J, IMG_2237.heic v Done -' , , ----;---. (,I, ' I I/ I i l I! : ,,._,,· I I t I I I ., ,., I I. ·,' I \ ,\; I ;>: • • I,&• Attachment A December 27, 2023 Planning Commission Agenda Packet Page 58 of 69 11:so ,111 5G ~f_=:l, 71997276458_62FE4C78-472E-4... v Done Attachment A December 27, 2023 Planning Commission Agenda Packet Page 59 of 69 11:so •• 5G ~f_J, 71997274713_937FA48C-F140-4 ... V Done Attachment A December 27, 2023 Planning Commission Agenda Packet Page 60 of 69 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 61 of 69 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 62 of 69 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 63 of 69 Attachment A December 27, 2023 Planning Commission Agenda Packet Page 64 of 69 GRANT PROGRAM AGREEMENT BETWEEN City of Port Angeles and Mandy M. Gallaci This agreement is made between the City of Port Angeles, a non-charter code city and municipal corporation of the State of Washington (hereinafter referred to as the “City”) and Mandy M. Gallaci (hereinafter called the Grantee) for the façade improvement project described in this document and its attachments (herein called the Project). WHEREAS, the City has allocated Community Development Block Grant (CDBG) program income to a façade improvement and rehabilitation grant program, which is a CDBG- eligible activity; and WHEREAS, the City has awarded a grant to reimburse a part of the costs of façade improvements for the property located at 619 E 1st Street, Port Angeles; Parcel Number 06-30- 00-51-2180; and WHEREAS, the Grantee has agreed to perform the work to improve the facade of the above described property; NOW, THEREFORE, the City and Grantee do mutually agree to the following terms and conditions regarding the above-mentioned property to be improved using City funds through the Facade & Sign Grant Program: 1. SCOPE OF SERVICES The Grantee will complete in a satisfactory and proper manner as determined by the City the work described in the Project Overview. A listing of detailed project tasks is in the Façade Grant Application No. 23-04. PROJECT OVERVIEW Grantee: Mandy M. Gallaci Grant No. 23-04 Section A: Brief Description Funds will be used toward the updating of the south façade and west elevation of the building located at 619 E 1st Street. Budget Category Goals/Expected Results/Products: Improvements to the building’s exterior façade. 21AGeneralAdmin The project is anticipated to result in façade improvements that will enhance the physical appearance and overall value of the building as well as that of the surrounding area. Attachment B December 27, 2023 Planning Commission Agenda Packet Page 65 of 69 2. GRANTEE’S OBLIGATIONS The Grantee warrants that they are the owner of the above property or has written permission from the Owner of the property to perform the proposed improvements described in the Project Overview and Scope of Work and Budget and incorporated herein by reference. Grantee agrees to complete work described in the attached Application within ONE HUNDRED EIGHTY (180) days after the effective date. In the event the Director of Community and Economic Development finds that the Grantee has commenced the work with reasonable diligence but, due to factors beyond its reasonable control, the Grantee is unable to complete the work within 180 days, the City Manager is authorized to extend the time to complete the work. All façade improvements shall be consistent with zoning and building codes currently in effect for the City. The Grantee shall assure that any permit or review necessary under City ordinances shall be approved prior to beginning the work on the façade improvement begins. The Grantee shall be responsible for the construction and management of the entire project. Once complete, if the façade improvements are maintained for at least five years, the Grantee is not obligated to repay any part of the grant to the CITY. If it is determined, at the City’s sole discretion, that the façade improvements are not maintained for at least five years after completion, the Grantee shall immediately repay to the CITY the amount of the grant, less 20% of the amount for each year the façade improvements were maintained. 3. BUDGET The City will reimburse to the Grantee the amount of 50% or $10,000.00, whichever is less, for eligible incurred costs and expenses for the Project according to the budget shown on the Scope of Work and Budget. Only the work that is outlined in the Project Overview and included in Facade Grant Application No. 23-04 will be eligible for reimbursement. It is understood that this agreement is funded with CDBG program income funds. The Grantee acknowledges and agrees that the funds must be used only for CDBG-eligible expenditures as proposed in Façade Grant Application No. 23-04 and approved by the City of Port Angeles Planning Commission. SCOPE OF WORK AND BUDGET Grantee: Mandy M. Gallaci Grant No. 23-04 Section C: Project Scope and Budget Budget Category Project Activities Project Totals Applicant’s Contribution City Contribution 21AGeneralAdmin Materials and Labor $28,859.75 $18,859.75 $10,000.00 Attachment B December 27, 2023 Planning Commission Agenda Packet Page 66 of 69 4. PAYMENT Disbursement of funds shall be made only after the Project is complete and certified by City staff to be in compliance with the approved design. The work must also adhere to any required inspections before funds are disbursed for reimbursement. All documentation for payment must be provided at one time to the City for one payout, and the receipts must be provided no later than six (6) months after the application has been approved or as stipulated in the request for an extension. Payment will be made to the Grantee by the City within four weeks after City deems all project costs and documentation to be complete. Payment shall be made only to the Grantee. The Grantee’s request for reimbursement must include itemized invoices detailing the work completed and materials purchased, with proof that payments in full have been made to Contractors and vendors, if applicable. Grantee acknowledges, and agrees to inform its Contractor, that the City has no obligation to pay the Contractor for work performed for the Grantee under this Program. This agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party shall have any claim or right of action hereunder for any cause whatsoever. Unless otherwise agreed to in writing by both parties, the Grantee’s total reimbursement under this agreement, including labor and materials, shall not exceed the maximum sum of $10,000.00. The budget for labor and materials is outlined in the Scope of Work and Budget. Budgets for each line item may be modified upon mutual agreement between the two parties, but in any event, the total payment to Grantee shall not exceed $10,000.00. 5. GENERAL CONDITIONS A. General Compliance. The Grantee agrees to comply with all applicable Federal, State, and local laws, regulations, and policies, governing the funds provided under this agreement. B. Effective Date. The Grant was approved by the Planning Commission on December 27, 2023, which is the effective date of this agreement. C. Independent Contractor. Nothing contained in this agreement is intended to, or will be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Grantee will at all times remain an “independent contractor” with respect to the services to be performed under this agreement. The City will be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers’ Compensation Insurance, as the Grantee is an independent contractor. D. Hold Harmless. The Grantee will hold harmless, defend and indemnify the City from any and all claims, actions, suits, charges and judgments whatsoever that arise out of the Grantee’s performance or nonperformance of the services or subject matter called for in this agreement. E. Workers’ Compensation. The Grantee will provide Workers’ Compensation Insurance Coverage for all of its employees involved in the performance of this agreement. F. Contract with Contractor. Each contractor who is performing the work approved for this Project shall have a valid State of Washington Contractor’s License. Attachment B December 27, 2023 Planning Commission Agenda Packet Page 67 of 69 G. Labor Code/Prevailing Wage. Grantee acknowledges and agrees that the Grantee’s improvements to be constructed with the proceeds of the grant constitute construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. Grantee shall comply with all requirements of applicable federal, state and local laws and regulations pertaining to labor standards and payment of prevailing wages (collectively, "Prevailing Wage Laws"). Grantee shall (i) require its contractors and subcontractors to submit certified copies of payroll records to Grantee; (ii) maintain complete copies of such certified payroll records; and (iii) make such records available to City and its designees for inspection and copying during regular business hours. Grantee shall defend, indemnify and hold harmless the City and its officers, employees, volunteers, agents and representatives from and against any and all present and future claims, arising out of or in any way connected with Grantee’s obligation to comply with all Prevailing Wage Laws, including all claims that may be made by contractors, subcontractors or other third party claimants. H. Funding Source Recognition. The Grantee will ensure recognition of the roles of the City in providing services through this agreement. I. Suspension or Termination. The City may suspend or terminate this agreement if the City determines, at its sole discretion, that the Grantee has materially failed to comply with any terms of this agreement, which include (but are not limited to) the following: • Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, guidelines, policies or directives as may become applicable at any time; • Failure, for any reason, of the Grantee to fulfill in a timely and proper manner its obligations under this agreement; or • Submission by the Grantee to the City of reports that are incorrect or incomplete in any material respect. 6. ADMINISTRATIVE REQUIREMENTS A. Financial Management Accounting Standards. The Grantee agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. B. Documentation and Record Keeping. The Grantee will maintain thorough records pertinent to the activities to be funded under this agreement, including records adequate to document that the funds were expended on CDBG-eligible activities. C. Access to Records and Retention. All such records and all other records pertinent to the work undertaken under this agreement will be retained by the Grantee for a period of six years after the City’s final audit of Project, unless a longer period is required to resolve audit findings or litigation. In such cases, the City will request a longer period of record retention. Attachment B December 27, 2023 Planning Commission Agenda Packet Page 68 of 69 D. Audits and Inspections. All Grantee records with respect to any matters covered by this agreement will be made available to the City and duly authorized officials of the state and federal government, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Grantee within 30 days after receipt by the Grantee. Failure of the Grantee to comply with the above audit requirements will constitute a violation of this agreement and may result in the withholding of future payments. E. Reporting. The Grantee, at such times and in such forms as the City may require, will furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this agreement. 7. PERFORMANCE WAIVER The City’s failure to act with respect to a breach by the Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision will not constitute a waiver of such right or provision. 8. ENTIRE AGREEMENT This document states the entire agreement between the City and the Grantee for the use of funds received under this agreement and it supersedes all prior communications and proposals, whether electronic, oral, or written between the City and the Grantee with respect to this agreement. .................................................................................................................................... IN WITNESS WHEREOF, the City and the Grantee have executed this agreement as of the date and year last written below. CITY OF PORT ANGELES: GRANTEE: Mandy M. Gallaci By: , City Manager By: , Property Owner Date: Date: Approved as to form: William E. Bloor, City Attorney Attachment B December 27, 2023 Planning Commission Agenda Packet Page 69 of 69